Part 1 Preliminary

Part 1 Preliminary

1 Name of Act

1 Name of Act

This Act may be cited as the Petroleum (Onshore) Act 1991.

2 Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

2A Objects

2A Objects

The objects of this Act are to encourage and facilitate the discovery and development of petroleum resources in New South Wales, having regard to the need to encourage ecologically sustainable development, and in particular—

(a) to recognise and foster the significant social and economic benefits to New South Wales that result from the efficient development of petroleum resources, and

(b) to provide an integrated framework for the effective regulation of titles for petroleum prospecting and mining, and

(c) to provide a framework for compensation to landholders for loss or damage resulting from such operations, and

(d) to ensure an appropriate return to the State from petroleum resources, and

(e) to require the payment of security to provide for the rehabilitation of sites damaged or affected by such operations, and

(f) to ensure effective rehabilitation of disturbed land and water, and

(g) to ensure petroleum resources are identified and developed in ways that minimise impacts on the environment.

s 2A: Ins 2015 No 40, Sch 2 [1].

3 Definitions

3 Definitions

(1) In this Act—

access arrangement means an access arrangement under Part 4A or 4B.

activity approval—see sections 31A and 36A.

administrative levy means an administrative levy payable under Part 7A.

annual rental fee means an annual rental fee payable under Part 7A.

assessable prospecting operation means any prospecting operation that is not exempt development within the meaning of the Environmental Planning and Assessment Act 1979.

block means a graticular section referred to in section 4.

Chief Commissioner means the Chief Commissioner of State Revenue.

Commonwealth Native Title Act means the Native Title Act 1993 of the Commonwealth.

Department means the Department of Planning and Environment.

director of a body corporate or corporation includes any person involved in the management of the affairs of the body corporate or corporation.

drilling means the perforation of the earth’s surface crust by mechanical means, whether the hole caused by the perforation is vertical, inclined or horizontal, and includes all operations for preventing collapse of the sides of any such hole or for preventing it from being filled with extraneous materials including water.

enforceable undertaking means an undertaking given under Division 6 of Part 13A.

environment includes all aspects of the surroundings of humans, whether affecting any human as an individual or in his or her social grouping.

environment protection legislation has the same meaning as in the Protection of the Environment Administration Act 1991.

function includes a power, authority or duty, and exercise a function includes perform a duty.

geological survey includes the examination of areas in the field, the collection of the necessary specimens of rocks and other materials, investigations in the laboratory, the preparation of geological maps and geological sections, and all other operations essential for the determination of the geological nature, formation and structure of any such area.

geophysical survey means the examination of an area with the aid of instruments with the object of determining some or all of the physical constituents of geological formations on or below the surface of the earth in such area.

inspector means an inspector within the meaning of the Mining Act 1992.

land includes land covered by water.

landholder means, in relation to any land—

(a) the owner of an estate in fee simple in the land, or

(b) a native title holder of the land, or

(c) the holder of a lease or licence under the Crown Land Management Act 2016 over the land, or

(d) the holder of a continued incomplete tenure purchase under Schedule 1 to the Crown Land Management Act 2016 in the land, or

(e) the holder of a permissive occupancy granted over the land, or

(f) (Repealed)

(g) a person identified in any register or record kept by the Registrar-General as a person having an interest in the land, being—

(i) a mortgagee in possession of the land, or

(ii) a lessee of the land or other person entitled to an exclusive right of occupation of the land, or

(iii) a Minister or public authority having the benefit of a covenant affecting the land that is imposed by a Minister on behalf of the Crown under the Crown Land Management Act 2016, or

(iv) a Minister or public authority having an interest in the land under a conservation, natural heritage or biobanking agreement, or

(v) a person prescribed by the regulations for the purposes of this paragraph, or

(g1) a person identified in any register or record kept by the Registrar-General as a person having an interest in the land, other than a person to whom paragraph (g) applies, but only in a provision of this Act in which a reference to a landholder is expressed to include a secondary landholder, or

(h) a person of a class prescribed by or determined in accordance with the regulations to be landholders for the purposes of this definition,

but does not include a person of a class prescribed as outside the scope of this definition.

onshore area means any area of land in New South Wales that is not included in the territorial sea within the meaning of the Petroleum (Offshore) Act 1982.

petroleum means—

(a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state, or

(b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state, or

(c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium, carbon dioxide and water,

and includes any substance referred to in paragraph (a), (b) or (c) that has been returned to a natural reservoir, but does not include coal or oil shale or any substance prescribed to be a mineral for the purposes of the Mining Act 1992.

petroleum deposit means any naturally occurring accumulation of petroleum on or below the surface of the earth.

petroleum title means an exploration licence, assessment lease, production lease or special prospecting authority in force under this Act.

prospect means to carry out works on, or to remove samples from, land for the purpose of testing the quality and quantity of petroleum in the land and the potential to recover petroleum from the land, but does not include any activity declared by the regulations not to constitute prospecting.

prospecting operations means operations carried out in the course of prospecting.

public authority means a public authority constituted by or under an Act, and includes—

(a) a Government Department, and

(b) a statutory body representing the Crown, a State owned corporation within the meaning of the State Owned Corporations Act 1989 and a subsidiary (within the meaning of that Act), and

(c) a council, and

(d) a member of staff or other person who exercises functions on behalf of a public authority.

related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.

resources legislation means this Act, the Mining Act 1992 and the regulations and other instruments made under those Acts.

secondary landholder—see paragraph (g1) of the definition of landholder.

Secretary means the Secretary of the Department.

well means a hole made by drilling in connection with exploration for petroleum or operations for the recovery of petroleum, but does not include a seismic shot hole.

well-head, of petroleum, has the meaning specified by the regulations.

work program means a work program referred to in section 14.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) A reference in this Act to land comprised in a petroleum title or in any instrument includes, where the title or instrument is a lease, a reference to land demised by the lease.

s 3: Am 1992, No 29, Sch 5; 1994 No 45, Sch 1; 1998 No 5, Sch 1 [1]; 2000 No 90, Schs 2.2 [1], 4 [1] [2]; 2007 No 27, Sch 1.38; 2008 No 107, Sch 22 [1]; 2010 No 29, Sch 3 [1] [2]; 2010 No 59, Sch 2.71; 2010 No 119, Sch 2.33; 2012 No 46, Sch 6.1 [1]; 2014 No 37, Sch 4.6 [1]; 2014 No 88, Sch 2.50 [2] [3]; 2015 No 40, Sch 2 [2] [3]; 2015 No 41, Sch 2 [1]; 2017 No 17, Sch 4.70 [1]–[3]; 2017 No 22, Sch 4.32; 2022 No 21, Sch 2[1].

3A Notes

3A Notes

Notes in the text of this Act do not form part of this Act.

s 3A: Ins 2001 No 112, Sch 1.23 [1].

4 Graticulation of the Earth’s surface

4 Graticulation of the Earth’s surface

For the purposes of this Act, the surface of the Earth is taken to be divided—

(a) by the meridian of Greenwich and by meridians of longitude that are at a distance from that meridian of 5 minutes, or a multiple of 5 minutes, of longitude, and

(b) by the equator and by parallels of latitude that are at a distance from the equator of 5 minutes, or a multiple of 5 minutes, of latitude,

into graticular sections, each of which is bounded—

(c) by portions of 2 of those meridians that are at a distance from each other of 5 minutes of longitude, and

(d) by portions of 2 of those parallels that are at a distance from each other of 5 minutes of latitude.

5 Points to be ascertained by reference to Geocentric Datum of Australia

5 Points to be ascertained by reference to Geocentric Datum of Australia

The position on the surface of the Earth of a point, line or area that is necessary to be determined for the purposes of this Act, or of any order, instrument or notification under this Act, is to be determined by reference to the Geocentric Datum of Australia within the meaning of the Surveying and Spatial Information Act 2002.

s 5: Subst 1999 No 30, Sch 2.2 [1]. Am 2002 No 83, Sch 2.15 [1]; 2009 No 119, Sch 2.20.

Part 2 Rights of the Crown as to petroleum, helium and carbon dioxide

Part 2 Rights of the Crown as to petroleum, helium and carbon dioxide

6 These substances are the property of the Crown

6 These substances are the property of the Crown

(1) All petroleum, helium and carbon dioxide existing in a natural state on or below the surface of any land in the State is the property of the Crown, and is taken to have been so always. No compensation is payable by the Crown for any such petroleum, helium or carbon dioxide that was at any time vested in any person other than the Crown.

(2) All Crown grants and leases and every licence and other instrument of title or tenure under any Act relating to lands of the Crown whether granted before or after the commencement of this section, are to be regarded as containing a reservation to the Crown of all petroleum, helium and carbon dioxide existing in a natural state on or below the surface of the land comprised in the instrument concerned.

7 Offence of prospecting or mining without authority

7 Offence of prospecting or mining without authority

(1) A person must not prospect for or mine petroleum except in accordance with a petroleum title.

Maximum penalty for prospecting in contravention of this section—

(a) in the case of a corporation—5,000 penalty units, and, in the case of a continuing offence, a further penalty of 500 penalty units for each day that the offence continues, or

(b) in the case of a natural person—1,000 penalty units or imprisonment for 5 years, or both, and, in the case of a continuing offence, a further penalty of 100 penalty units for each day that the offence continues.

Maximum penalty for mining in contravention of this section—

(a) in the case of a corporation—10,000 penalty units, or

(b) in the case of an individual—2,000 penalty units or imprisonment for 5 years, or both.

(2) Nothing in this section prevents a person from prospecting for or mining petroleum if the person is entitled to do so by virtue of a legal instrument—

(a) approved by the Minister under Part 8, or

(b) approved under the Mining Act 1992 by the Minister administering that Act.

s 7: Am 1992 No 29, Sch 5; 2000 No 90, Sch 1.2 [1]; 2012 No 84, Sch 2.3 [1] [2].

Part 3 Petroleum titles

Part 3 Petroleum titles

Note—

Schedule 1B contains further provisions about the following—

(a) the consideration of applications for the grant, renewal or transfer of petroleum titles,

(b) the grounds for refusal of such applications,

(c) the imposition of conditions on, and the variation of conditions of, petroleum titles,

(d) the variation and suspension of petroleum titles.

pt 3, note: Ins 2015 No 40, Sch 2 [4].

Division 1 Provisions relating to titles generally

Division 1 Provisions relating to titles generally

8 Application for petroleum title

8 Application for petroleum title

(1) Any person may apply for a petroleum title.

(2) The following applications may not be made except pursuant to an invitation under Schedule 1A (Competitive selection process for petroleum prospecting titles)—

(a) an application for an exploration licence or special prospecting authority,

(b) an application for an assessment lease made by an applicant other than the holder of an exploration licence over the land in respect of which the assessment lease is sought.

s 8: Subst 2015 No 39, Sch 2 [1].

9 Areas over which petroleum titles may not be granted

9 Areas over which petroleum titles may not be granted

(1) The Minister must not grant a petroleum title over any of the following land (the excluded areas)—

(a) an area designated by the Minister, by notification published in the Gazette, as an area in respect of which a petroleum title is not to be granted, or

(b) an area included in an existing petroleum title held by a person other than the applicant, or

(c) an area included in another application for a petroleum title—

(i) that was made before the applicant’s application, and

(ii) that has not been withdrawn or otherwise finally disposed of.

(1A) Despite subsection (1) (c), the Minister may grant a petroleum title over an area included in another application for a petroleum title if that other application and the applicant’s application are both made pursuant to an invitation under Schedule 1A (Competitive selection process for petroleum prospecting titles).

(2) A notification under subsection (1) (a) may be varied or rescinded by a subsequent notification.

(3)–(6) (Repealed)

s 9: Am 2000 No 90, Sch 4 [3]; 2001 No 112, Sch 1.23 [2]; 2006 No 125, Sch 2.7; 2015 No 39, Sch 2 [2]; 2015 No 40, Sch 2 [5] [6].

10

10 (Repealed)

11 Making of applications for petroleum titles

11 Making of applications for petroleum titles

An application for a petroleum title must be made in a form approved by the Minister and may be delivered or forwarded by post, facsimile or electronically to the Secretary, or may be made electronically as approved by the Secretary.

s 11: Am 2012 No 42, Sch 1.22 [1] [2].

12 Fee for processing applications

12 Fee for processing applications

An application for a petroleum title must be accompanied by the lodgment fee prescribed by the regulations.

s 12: Am 1998 No 5, Sch 1 [2]; 2012 No 46, Sch 6.1 [2].

13 Applications to be supported by plans

13 Applications to be supported by plans

An application for a petroleum title must be accompanied by a map or plan, drawn in accordance with the regulations, on which there is delineated the boundaries of the area to which the title is intended to apply.

14 Applications to be supported by proposed work program

14 Applications to be supported by proposed work program

(1) An application for a petroleum title must be accompanied by a proposed work program that—

(a) indicates the nature and extent of operations to be carried out under the authority conferred by the relevant petroleum title, and

(b) sets out commitments relating to the conduct of those operations (such as the timing of the operations), and

(c) provides for the carrying out of activities (such as community consultation and environmental management and rehabilitation) in connection with, or ancillary to, those operations, and

(d) complies with the regulations.

(2) In the case of an application for a production lease, the requirement in subsection (1) can be satisfied by providing a current development consent under the Environmental Planning and Assessment Act 1979 for the conduct of petroleum mining operations, or the construction and maintenance of works or structures, in respect of which the production lease is being applied for.

s 14: Subst 2015 No 40, Sch 2 [7].

15 Applications to be supported by evidence of financial capability

15 Applications to be supported by evidence of financial capability

(1) An application for a petroleum title must be accompanied by evidence of—

(a) the financial capability of the applicant, and

(b) the technical qualifications of the applicant and of the applicant’s technical advisers, and

(c) the ability of the applicant to comply with the provisions of this Act and the regulations relating to the petroleum title for which application is made.

(2), (3) (Repealed)

s 15: Am 2015 No 40, Sch 2 [8] [9].

16 Grant or refusal of petroleum titles

16 Grant or refusal of petroleum titles

(1) After considering an application for a petroleum title, the Minister—

(a) may grant the petroleum title over land of any title or tenure in any onshore area within the State other than an excluded area within the meaning of section 9, or

(b) may refuse the application.

(2) A petroleum title takes effect on the date on which it is signed by the Minister or on a later date specified in the title.

(3) Notification of the grant of a petroleum title or of a refusal to grant an application is to be published in the Gazette.

(4) The Minister is to notify the Minister administering the Threatened Species Conservation Act 1995 of the grant of any petroleum title in relation to land that is a biobank site (within the meaning of Part 7A of that Act).

(5) The Minister may grant—

(a) a single petroleum title of a kind for 2 or more applications for that kind of petroleum title made by the same applicant, or

(b) 2 or more petroleum titles of the same kind to an applicant for a single application for a petroleum title of that kind.

Note—

Schedule 1B contains provisions about the consideration of applications for petroleum titles and the grounds for refusal of such applications.

s 16: Subst 1998 No 5, Sch 1 [3]. Rep 2012 No 46, Sch 6.1 [3]. Ins 2015 No 40, Sch 2 [10]. Am 2022 No 21, Sch 2[7].

16A

16A, 17 (Repealed)

18 Title to nominee

18 Title to nominee

(1) A petroleum title may, at the request in writing of the applicant, be granted to a person nominated by the applicant.

(2) When such a request is made, a reference in this Act to the applicant for a title includes a reference to the nominee.

19 Renewal of title

19 Renewal of title

(1) The holder of a petroleum title may apply for renewal of the title by application made within the time prescribed by subsection (2) or (2A).

Note—

Schedule 1B contains provisions about the consideration of applications for the renewal of petroleum titles and the grounds for refusal of such applications.

(2) The prescribed time in relation to a special prospecting authority or an exploration licence is not earlier than 2 months and not later than 1 month before the authority or licence ceases to have effect.

(2A) The prescribed time in relation to a petroleum title other than a special prospecting authority or an exploration licence is not earlier than 5 years and not later than 1 year (or, if the term of the title is for 1 year or less, not earlier than 2 months and not later than 1 month) before the title ceases to have effect.

(2AA) An application for renewal of an exploration licence—

(a) may be made in respect of one or more parts (but not more than such number of parts as may be prescribed by the regulations) of the land comprised in the exploration licence when the application for renewal is made, and

(b) if it relates to renewal in respect of part only of the land comprised in the licence—must be accompanied by a description, prepared in the manner prescribed by the regulations, of the land over which renewal of the licence is sought, and

(c) may include a description of any special circumstances that the applicant claims (for the purposes of section 19B) exist that justify the area of land over which the licence is renewed exceeding 75% of the size of—

(i) the area over which the licence was originally granted (in the case of a first renewal of the licence), or

(ii) the area over which its last previous renewal was granted (in any other case).

(2AB) An application for renewal must be accompanied by—

(a) the application fee prescribed by the regulations, and

(b) any information that is prescribed by the regulations.

(2B) After considering an application for renewal of a petroleum title, the Minister—

(a) may renew the petroleum title, or

(b) may refuse the application.

(3), (3A) (Repealed)

(4) A renewed title may, at the discretion of the Minister, be granted for a shorter term than that of the original title.

(4A) The area of land over which a petroleum title is renewed may differ from the area of land over which the renewal of the title is sought, but not so as to include any land that was not subject to the title immediately before the renewal.

(5) Any requirements, prohibitions and restrictions under this Act that relate to titles and applications for titles apply (except to the extent provided by this Act or the regulations) in the same way to renewals and applications for renewal.

(6) If an exploration licence or assessment lease is renewed as to part only of the land to which the application for renewal relates, the licence or lease ceases to have effect in relation to the remainder of the land on the date on which the renewal takes effect.

s 19: Am 1993 No 46, Sch 1; 1998 No 5, Sch 1 [4]–[6]; 2012 No 46, Sch 6.1 [4]; 2015 No 39, Sch 2 [4]; 2015 No 40, Sch 2 [12]–[15]; 2015 No 41, Sch 2 [2] (am 2016 No 27, Sch 1.17 [1] [2]).

19A Withdrawal of application for grant or renewal of petroleum title

19A Withdrawal of application for grant or renewal of petroleum title

(1) An application for a petroleum title, or for the renewal of a petroleum title, may be withdrawn by means of a written notice of withdrawal signed by the applicant and lodged with the Secretary.

(2) An application ceases to have effect when a notice of withdrawal is lodged under this section.

(3) The withdrawal of an application under this section is irrevocable.

s 19A: Ins 2001 No 112, Sch 1.23 [3].

19B Land over which exploration licences may be renewed

19B Land over which exploration licences may be renewed

(1) The area of land over which an exploration licence may be renewed is not to exceed 75% of the size of—

(a) the area over which the licence was originally granted, in the case of a first renewal of the licence, or

(b) the area over which its last previous renewal was granted, in any other case.

(2) However, the Minister may grant a renewal over more than 75% of the size of the area over which the licence was originally or last granted if—

(a) the applicant for renewal claims that special circumstances exist that justify doing so, and

(b) the Minister is satisfied that special circumstances exist that justify doing so.

(3) Without limiting the considerations available to the Minister in determining whether special circumstances exist for the purposes of this section, the Minister may take into account any partial cancellation of the exploration licence on the request of the holder of the licence under section 22, and reduce the percentage of the area of land over which the renewal may not be granted.

(4) The Minister may direct an applicant for renewal of an exploration licence, within the time specified in the direction, to nominate which part of the area of land is sought to be included in the renewed exploration licence, where the licence may not be renewed over the whole area of land.

(5) The Minister may refuse to renew an exploration licence if such a direction is not complied with within the time specified in the direction (in addition to the other grounds for refusal in clause 5 of Schedule 1B).

(6) The Minister is not bound to renew an exploration licence over the area nominated by the applicant in compliance with a direction under this section or otherwise.

s 19B: Ins 2015 No 40, Sch 2 [16]. Am 2016 No 27, Sch 2.32 [1].

20 Continuation of title pending renewal

20 Continuation of title pending renewal

If an application for the renewal of a title has not been withdrawn or otherwise finally disposed of before the date on which the title would, but for this section, expire, the title continues in force until the date on which the application is withdrawn or otherwise finally disposed of.

s 20: Subst 2001 No 112, Sch 1.23 [4].

20A

20A (Repealed)

21 Amendment of application

21 Amendment of application

(1) The following applications and information or documents accompanying applications, may, with the consent of the Minister, be amended by the applicant at any time before the Minister decides the relevant application—

(a) an application for a petroleum title,

(b) an application for the renewal of a petroleum title,

(c) an application for approval of the transfer of a petroleum title,

(d) an application prescribed by the regulations,

(e) information or a document accompanying an application referred to in paragraphs (a)–(d), including a proposed work program required to accompany an application.

(2) An application under this section must be made in a way approved by the Secretary.

(3) The Minister must give written notice to the applicant confirming the amendment of an application, information or document and the date on which it was amended.

(4) The amendment of an application, information or document does not entitle the applicant to a refund or reduction of an application fee.

s 21: Am 2013 No 106, Sch 2 [1]. Rep 2015 No 40, Sch 2 [18]. Ins 2022 No 21, Sch 2[14].

22 Grounds of cancellation of petroleum titles

22 Grounds of cancellation of petroleum titles

(1) The Minister may cancel a petroleum title as to the whole or any part of the land to which it relates—

(a) if the holder of the petroleum title lodges with the Secretary a request that the Minister cancel the petroleum title as to the whole or part of the land, or

(b) if the Minister is satisfied that the holder of the petroleum title has contravened a provision of this Act or the regulations (whether or not the holder is prosecuted or convicted of any offence arising from the contravention), or

(c) if the Minister is satisfied that a person has contravened a condition of the petroleum title (whether or not the person is prosecuted or convicted of any offence arising from the contravention), or

(d) if the Minister is satisfied that the holder of the petroleum title provided false or misleading information in or in connection with an application for or with respect to the petroleum title or any report provided under this Act, or

(e) if the Minister is satisfied that the holder of the petroleum title has failed to comply with the requirements of any agreement or assessment under Part 11 in relation to the payment of compensation, or

(f) if the holder of the petroleum title is convicted of any offence relating to prospecting, mining or petroleum, or

(g) if the Minister is satisfied that the holder of the petroleum title has failed to use the land the subject of the petroleum title in good faith for the purposes for which the petroleum title has been granted, or has used the land for a purpose other than that for which the petroleum title has been granted, or

(h) if the Minister is satisfied that there has been a contravention of a direction under section 75 or 77, or

(i) if the Minister is satisfied that the land is required for a public purpose.

(2) A request for the cancellation of the petroleum title as to part only of the land to which it relates must be accompanied by a description, prepared in the manner prescribed by the regulations, of the land in respect of which the petroleum title is to be cancelled.

(3) Action may be taken under this section whether or not any other action has been taken in respect of the petroleum title under this Act.

s 22: Am 1993 No 46, Sch 1; 2000 No 90, Sch 2.2 [2]–[5]; 2001 No 112, Sch 1.23 [5] [6]; 2012 No 46, Sch 6.1 [5]–[7]; 2012 No 95, Sch 2.24; 2014 No 10, Sch 5 [1] [2]. Subst 2015 No 40, Sch 2 [19].

22A Cancellations of petroleum titles

22A Cancellations of petroleum titles

(1) Before cancelling a petroleum title, otherwise than at the request of the holder of the title, the Minister is to cause a written notice to be served on the holder of the title that contains the following—

(a) notice that the title is proposed to be cancelled,

(b) details of the grounds for the proposed cancellation,

(c) notice that the holder of the title has a specified period (of at least 28 days) in which to make representations with respect to the proposed cancellation.

(2) The Minister must not cancel a petroleum title, otherwise than at the request of the holder of the title, unless—

(a) the Minister has taken any such representations received from the holder of the title into consideration, or

(b) the period specified in the notice has elapsed and no such representations have been received.

(3) The Minister is to cause written notice of the cancellation of a petroleum title to be given to the holder of the petroleum title.

(4) The cancellation takes effect on the date on which the written notice of the cancellation is given to the holder of the petroleum title, or on a later date specified in the notice.

(5) The cancellation of a petroleum title does not affect any liability incurred by the holder of the petroleum title before the cancellation took effect.

(6) No compensation is payable by the Crown for or in respect of the cancellation of a petroleum title.

s 22A: Ins 2015 No 40, Sch 2 [19].

22B Appeals against decisions concerning cancellations of petroleum titles

22B Appeals against decisions concerning cancellations of petroleum titles

(1) Any person who is aggrieved by the decision of the Minister to cancel a petroleum title held by the person may appeal to the Land and Environment Court against the decision.

(2) Such an appeal is to be made—

(a) within 14 days after written notice of the cancellation is served on the holder of the petroleum title, or

(b) within such further period as the Land and Environment Court may allow.

(3) In deciding whether or not to allow a further period for appeal, the Land and Environment Court is to have regard to—

(a) the circumstances that have prevented the appellant from making the appeal within the 14 days referred to in subsection (2) (a), and

(b) the consequences to the appellant, and to persons other than the appellant, of a decision allowing a further period for appeal, and

(c) the consequences to the appellant, and to persons other than the appellant, of a decision refusing a further period for appeal, and

(d) the public interest.

(4) An appeal is to be heard by way of a new hearing, and fresh evidence, or evidence additional to the evidence available to the Minister when the decision was made, may be admitted in the hearing.

(5) Subject to any order made by the Land and Environment Court, the lodging of an appeal does not operate to stay the decision appealed against.

(6) The decision of the Land and Environment Court on an appeal is final and is to be given effect to as if it were the decision of the Minister.

(7) This section does not apply to a cancellation that was requested by the holder of the petroleum title.

s 22B: Ins 2015 No 40, Sch 2 [19].

23

23, 24 (Repealed)

24A Fit and proper person consideration in making certain decisions about petroleum titles

24A Fit and proper person consideration in making certain decisions about petroleum titles

(1) Despite anything to the contrary in this Act, any of the following decisions under this Act may be made on the ground that, in the opinion of the Minister, a relevant person is not a fit and proper person (without limiting any other ground on which such a decision may be made)—

(a) a decision to refuse to grant or renew a petroleum title (a relevant person in such a case being an applicant for the grant or renewal of the petroleum title),

(b) a decision to refuse to transfer a petroleum title (a relevant person in such a case being the proposed transferee),

(c) a decision to cancel a petroleum title or to suspend operations under a petroleum title (in whole or in part), a relevant person in such a case being a holder of the petroleum title,

(d) a decision to restrict operations under a petroleum title by the imposition or variation of conditions of a petroleum title (a relevant person in such a case being a holder of the petroleum title).

(2) For the purpose of determining whether a person is a fit and proper person, the Minister may take into consideration any or all of the following matters (but without limiting the matters that can be taken into consideration for that purpose)—

(a) whether the person or (in the case of a body corporate) a director of the body corporate or of a related body corporate has compliance or criminal conduct issues (as defined in this section),

(b) in the case of a body corporate, whether a director of the body corporate or of a related body corporate is or has been a director of another body corporate that has compliance or criminal conduct issues (as defined in this section) but only if the person was a director of that other body corporate at the time of the conduct that resulted in the compliance or criminal conduct issues,

(c) the person’s record of compliance with relevant legislation (established to the satisfaction of the Minister),

(d) in the case of a body corporate, the record of compliance with relevant legislation (established to the satisfaction of the Minister) of any director of the body corporate or a related body corporate,

(e) whether, in the opinion of the Minister, the management of the activities or works that are or are to be authorised, required or regulated under the petroleum title are not or will not be in the hands of a technically competent person,

(f) whether, in the opinion of the Minister, the person is not of good repute,

(g) in the case of a body corporate, whether, in the opinion of the Minister, a director of the body corporate or a related body corporate is not of good repute,

(h) whether, in the opinion of the Minister, the person is not of good character, with particular regard to honesty and integrity,

(i) in the case of a body corporate, whether, in the opinion of the Minister, a director of the body corporate or a related body corporate is not of good character, with particular regard to honesty and integrity,

(j) whether the person, during the previous 3 years, was an undischarged bankrupt or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit,

(k) in the case of an individual, whether he or she is or was a director of a body corporate that is the subject of a winding up order or for which a controller or administrator has been appointed during the previous 3 years,

(l) in the case of a body corporate, whether the body corporate or a related body corporate is the subject of a winding up order or has had a controller or administrator appointed during the previous 3 years,

(m) whether the person has demonstrated to the Minister the financial capacity to comply with the person’s obligations under the petroleum title,

(n) whether the person is in partnership, in connection with activities that are subject to a petroleum title or proposed petroleum title, with a person whom the Minister considers is not a fit and proper person under this section,

(o) whether the person has an arrangement (formal or informal) in connection with activities that are subject to a petroleum title or proposed petroleum title with another person whom the Minister considers is not a fit and proper person under this section, if the Minister is satisfied that the arrangement gives that other person the capacity to determine the outcome of decisions about financial and operating policies concerning those activities,

(p) any other matters prescribed by the regulations.

(3) A person or body corporate has compliance or criminal conduct issues if—

(a) the Minister is satisfied that the person or body corporate has contravened any relevant legislation, whether or not the person or body corporate has been prosecuted for or convicted of an offence arising from the contravention, or

(b) in the previous 10 years, the person or body corporate has been convicted in New South Wales or elsewhere of a serious offence or an offence involving fraud or dishonesty, or

(c) the person or body corporate has held a petroleum title, or any other instrument issued or granted under relevant legislation, that has been suspended, cancelled or revoked.

(4) The grant, renewal or transfer of a petroleum title can be refused on the ground that the Minister is of the opinion that the applicant is not a fit and proper person even if—

(a) the petroleum title is necessary for the carrying out of State significant development that is authorised by a development consent, despite section 89K of the Environmental Planning and Assessment Act 1979 (the Planning Act), or

(b) the petroleum title is necessary for the carrying out of approved State significant infrastructure under Part 5.1 of the Planning Act, despite section 115ZH of that Act, or

(c) the petroleum title is necessary for the carrying out of a transitional Part 3A project under Schedule 6A to the Planning Act, despite section 75V of that Act, or

(d) section 91A or 93 of the Planning Act would otherwise prevent that refusal.

(5) To avoid doubt, section 22A (6) of this Act extends to the cancellation of a petroleum title under this section.

(6) A relevant person who is aggrieved by a decision referred to in subsection (1) made on the ground that in the opinion of the Minister the person is not a fit and proper person may apply to the Land and Environment Court for a review of the Minister’s opinion, and the following provisions apply to such a review—

(a) the review is to be by way of redetermination of the question of whether the relevant person is a fit and proper person, and fresh material or material in addition to, or in substitution for, the material considered by the Minister in the determination of that question may be given on the review and taken into consideration by the Court,

(b) on a review the Court is to decide whether or not the relevant person is a fit and proper person,

(c) the decision of the Court on a review is final and is to be given effect to by the Minister,

(d) the Minister is to take whatever action may be necessary to give effect to the Court’s decision including action to revoke and remake any decision referred to in subsection (1).

(7) In this section—

director of a body corporate includes any person involved in the management of the affairs of the body corporate.

related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.

relevant legislation means the following legislation—

(a) this Act,

(b) the Mining Act 1992,

(c) the environment protection legislation,

(d) the Environmental Planning and Assessment Act 1979,

(e) the work health and safety legislation within the meaning of the Mining Act 1992,

(f) any other legislation prescribed by the regulations under this Act.

serious offence means—

(a) an offence committed in New South Wales that is punishable by imprisonment for life or for a term of 5 years or more or by a fine of $500,000 or more, or an offence committed elsewhere than in New South Wales that if committed in New South Wales would be an offence so punishable, or

(b) an offence committed under a law of the Commonwealth that is punishable by imprisonment for life or for a term of 5 years or more or by a fine of $500,000 or more.

s 24A: Ins 2013 No 106, Sch 2 [2]. Subst 2014 No 10, Sch 5 [3]. Am 2015 No 40, Sch 2 [21] [22].

25 Limitation on challenges to validity of titles

25 Limitation on challenges to validity of titles

(1) The grant of a petroleum title cannot be challenged in any legal proceedings commenced later than 3 months after the date on which notification of the grant of the title is published in the Gazette.

(2) This section has effect regardless of the provisions of any other Act, but does not apply so as to affect any appeal from proceedings commenced within the time limited by subsection (1).

26 Title taken to be personal property

26 Title taken to be personal property

Every petroleum title and any interest in any such title is to be taken in law to be personal property and not to be of the nature of real estate. It may be disposed of during the lifetime of the holder and on the holder’s death descends or devolves on intestacy or by will as personal property.

27 Discovery of petroleum to be notified

27 Discovery of petroleum to be notified

If petroleum is discovered in land comprised in a petroleum title, the holder of the title—

(a) must immediately inform the Minister of the discovery, and

(b) must, within a period of 3 days after the date of the discovery, furnish to the Minister particulars in writing of the discovery.

28 Directions by Secretary on discovery of petroleum

28 Directions by Secretary on discovery of petroleum

(1) If petroleum is discovered in land comprised in a petroleum title, the Secretary may, from time to time, by instrument in writing served on the holder of the title, direct the holder to furnish to the Secretary, within the period specified in the instrument, particulars in writing of any one or more of the following—

(a) the chemical composition and the physical properties of the petroleum, and

(b) the nature of the stratum in which the petroleum occurs, and

(c) any other matters relating to the discovery that are specified by the Secretary in the instrument.

(2) The Secretary may, by instrument in writing served on the holder of the title, direct the holder to do, within the period specified in the instrument, such things as the Secretary thinks necessary and specifies in the instrument to determine the chemical composition and physical properties of the petroleum and to determine the quantity of petroleum in the petroleum deposit to which the discovery relates or, if part only of that petroleum deposit is within the land comprised in the title, in the part of the petroleum deposit that is within that land.

28A Right to explore for natural reservoirs

28A Right to explore for natural reservoirs

(1) In addition to the other rights conferred by the title, every petroleum title confers on its holder the right to carry on such operations as are necessary to explore the land comprised in the title for the existence and availability of natural reservoirs.

(2) The right conferred by operation of subsection (1) is subject to any order of the Minister served on the holder of the title and section 29.

(3) By order under this section, the Minister may prohibit, or direct the holder of the title to desist from, carrying on operations of a kind specified in the order.

(4) Contravention of an order under this section is taken to be a breach of the conditions of the title.

s 28A: Ins 2000 No 90, Sch 2.2 [6]. Am 2008 No 19, Sch 2.8 [1].

28B Right to beneficial use of gas yielded through prospecting

28B Right to beneficial use of gas yielded through prospecting

(1) In addition to the other rights conferred by the title, an exploration licence or assessment lease confers on its holder—

(a) the right to carry out such operations as may be described by the regulations to enable the beneficial use of gas recovered from the land comprised in the licence or lease, but only if that gas would otherwise have been flared or released into the atmosphere as part of activities under the licence or lease, and

(b) the right to use that gas subject to, and in accordance with, the regulations.

(2) The regulations may make provision for or with respect to royalty payable under Part 7 in respect of gas used in accordance with this section.

s 28B: Ins 2015 No 40, Sch 2 [23].

s 28B: Ins 2015 No 39, Sch 2 [5]. Renumbered as sec 28C, 2016 No 27, Sch 2.32 [2].

Division 2 Exploration licences

Division 2 Exploration licences

28C Land over which exploration licence granted

28C Land over which exploration licence granted

An exploration licence may be granted over all or part of the land over which a licence was sought.

s 28C: Renumbered 2016 No 27, Sch 2.32 [2].

29 Rights of holders of exploration licences

29 Rights of holders of exploration licences

The holder of an exploration licence has the exclusive right, in accordance with the conditions of the licence, to prospect for petroleum on the land comprised in the licence.

s 29: Subst 2000 No 90, Sch 2.2 [7].

30 Area of exploration licence

30 Area of exploration licence

(1) The area comprised in an exploration licence must be—

(a) not more than 140 blocks, and

(b) not less than 1 block, except in cases where for special reasons the Minister considers that a smaller area is necessary or desirable.

Note—

Section 19B makes provision for the size of the area over which the renewal of an exploration licence may be granted.

(2) (Repealed)

s 30: Am 2000 No 90, Sch 2.2 [8]; 2015 No 40, Sch 2 [24].

31 Term of exploration licence

31 Term of exploration licence

(1) The initial term of an exploration licence is to be a term (not exceeding 6 years) fixed by the Minister.

(2) (Repealed)

s 31: Am 2000 No 90, Sch 2.2 [9].

31A Activity approval required for assessable prospecting operations

31A Activity approval required for assessable prospecting operations

(1) An exploration licence is subject to a statutory condition that the holder must not carry out an assessable prospecting operation on land over which the licence is granted unless an activity approval has been obtained for the carrying out of the assessable prospecting operation in relation to that land and is in force.

(2) The holder of an exploration licence may apply in writing to the Minister for approval to carry out an assessable prospecting operation in relation to any part of the land over which the licence is granted (an activity approval).

(3) The Minister may require the holder of an exploration licence to provide such information as is required by the Minister, within the time specified by the Minister, before considering the application or at any time during consideration of the application.

(4) After considering the application for the activity approval, the Minister—

(a) may grant the activity approval, or

(b) may refuse the application.

(5) Without limiting the grounds for refusal, the application may be refused if the applicant fails to provide the information required by the Minister within the time required.

(6) An activity approval may be granted subject to terms.

(7) For the purposes of this Act, it is a statutory condition of an exploration licence that the holder must comply with any activity approval granted to the holder and in force.

(8) Clauses 6 (2)–(4), 7 (2), 9 and 11 of Schedule 1B apply to and in respect of the imposition of terms on, and variation of terms of, an activity approval in the same way as they apply to and in respect of the imposition of conditions on, and the variation of conditions of, a petroleum title.

(9) The Minister may cancel an activity approval—

(a) if the holder of the activity approval lodges with the Secretary a request that the Minister cancel the activity approval, or

(b) if the Minister is satisfied that a person has contravened the activity approval (whether or not the person is prosecuted or convicted of any offence arising from the contravention).

(10) Before cancelling an activity approval, otherwise than at the request of the holder of the activity approval, the Minister is to cause a written notice to be served on the holder of the activity approval that contains the following—

(a) notice that the activity approval is proposed to be cancelled,

(b) details of the grounds for the proposed cancellation,

(c) notice that the holder of the activity approval has a specified period (of at least 28 days) in which to make representations with respect to the proposed cancellation.

(11) The Minister must not cancel an activity approval, otherwise than at the request of the holder of the activity approval, unless—

(a) the Minister has taken any such representations received from the holder of the activity approval into consideration, or

(b) the period specified in the notice has elapsed and no such representations have been received.

(12) The Minister is to cause written notice of the cancellation of an activity approval to be given to the holder of the activity approval.

(13) The cancellation takes effect on the date on which the written notice of the cancellation is given to the holder of the activity approval, or on a later date specified in the notice.

(14) Any person who is aggrieved by the decision of the Minister to cancel an activity approval held by the person may appeal to the Land and Environment Court against the decision. Section 22B applies to such an appeal as if it were an appeal against a decision to cancel a petroleum title.

(15) The cancellation of an activity approval does not affect any liability incurred by the holder of the activity approval before the cancellation took effect.

(16) Action may be taken under subsection (9) (b) whether or not any other action has been taken in respect of the activity approval under this Act.

s 31A: Ins 2015 No 40, Sch 2 [25].

32 Direction to holder of exploration licence to apply for lease

32 Direction to holder of exploration licence to apply for lease

(1) If petroleum is discovered in land comprised in an exploration licence the Minister may, by instrument in writing, direct the holder of the licence to apply, within such period as may be specified in the direction, for an assessment lease or a production lease in respect of so much of that land as is so specified.

(2) If the holder of an exploration licence does not apply for an assessment lease or production lease in accordance with directions given under this section, the Minister may cancel the licence.

Note—

Section 22A (4) specifies the time at which cancellation of a petroleum title (which includes an exploration licence) takes effect.

s 32: Am 2001 No 112, Sch 1.23 [7]; 2015 No 40, Sch 2 [26].

Division 3 Assessment leases

Division 3 Assessment leases

32A Land over which assessment lease granted

32A Land over which assessment lease granted

An assessment lease may be granted over all or part of the land over which a lease was sought.

s 32A: Ins 2015 No 39, Sch 2 [6].

33 Rights of holders of assessment leases

33 Rights of holders of assessment leases

The holder of an assessment lease has the exclusive right to prospect for petroleum and to assess any petroleum deposit on the land comprised in the lease.

Note—

An assessment lease is designed to allow retention of rights over an area in which a significant petroleum deposit has been identified, if mining the deposit is not commercially viable in the short term but there is a reasonable prospect that it will be in the longer term. The holder is allowed to continue prospecting operations and to recover petroleum in the course of assessing the viability of commercial mining.

s 33: Am 2000 No 90, Sch 2.2 [10] [11].

34 Area of assessment lease

34 Area of assessment lease

The area comprised in an assessment lease must be not more than 4 blocks.

35 Term of petroleum assessment lease

35 Term of petroleum assessment lease

The initial term of an assessment lease is to be a term (not exceeding 6 years) fixed by the Minister.

36 Notice to be given of application for assessment lease

36 Notice to be given of application for assessment lease

(1) An applicant, or a person intending to apply, for an assessment lease must either before, or within 21 days after, lodging the application, cause to be published both in a newspaper circulating in the vicinity of the area over which the lease is sought and in a newspaper circulating generally in the State a notice—

(a) stating that an application for an assessment lease has been, or will be lodged (as the case requires), and

(b) containing particulars sufficient to lead to the ready identification of the area of land over which the lease is sought, and consisting of a plan and a description of that area and a statement indicating the approximate direction and approximate distance of the town nearest to that area.

(2) Within 21 days after receipt from an applicant, or a person intending to apply, for an assessment lease of a written request—

(a) that is expressed to be made for the purposes of this section, and

(b) that is accompanied by particulars of the kind referred to in subsection (1) (b) in relation to the proposed lease,

the council for a local government area that includes the area over which the lease is sought may furnish the holder of the lease with the names and addresses of landholders whose lands lie wholly or partly within that area.

(3) An assessment lease is not to be granted unless the Minister is satisfied that notice has been published as required by subsection (1) and that—

(a) a copy of that notice, accompanied by the particulars mentioned in subsection (4), has been served on all landholders whose names and addresses have been furnished, in connection with the proposed lease, under subsection (2), or

(b) 21 days have elapsed since a request under subsection (2) was made and the council concerned has not complied with the request.

(4) The particulars referred to in subsection (3) (a) are the following—

(a) the duration of the term of the proposed lease, and

(b) contact details of the applicant or intended applicant, and

(c) any other particulars prescribed by the regulations.

s 36: Am 2000 No 90, Sch 2.2 [12] [13].

36A Activity approval required for assessable prospecting operations

36A Activity approval required for assessable prospecting operations

(1) An assessment lease is subject to a statutory condition that the holder must not carry out an assessable prospecting operation on land over which the lease is granted unless an activity approval has been obtained for the carrying out of the assessable prospecting operation in relation to that land and is in force.

(2) The holder of an assessment lease may apply in writing to the Minister for approval to carry out an assessable prospecting operation in relation to any part of the land over which the lease is granted (an activity approval).

(3) The Minister may require the holder of an assessment lease to provide such information as is required by the Minister, within the time specified by the Minister, before considering the application or at any time during consideration of the application.

(4) After considering the application for the activity approval, the Minister—

(a) may grant the activity approval, or

(b) may refuse the application.

(5) Without limiting the grounds for refusal, the application may be refused if the applicant fails to provide the information required by the Minister within the time required.

(6) An activity approval may be granted subject to terms.

(7) For the purposes of this Act, it is a statutory condition of an assessment lease that the holder must comply with any activity approval granted to the holder and in force.

(8) Clauses 6 (2)–(4), 7 (2), 9 and 11 of Schedule 1B apply to and in respect of the imposition of terms on, and variation of terms of, an activity approval in the same way as they apply to and in respect of the imposition of conditions on, and the variation of conditions of, a petroleum title.

(9) The Minister may cancel an activity approval—

(a) if the holder of the activity approval lodges with the Secretary a request that the Minister cancel the activity approval, or

(b) if the Minister is satisfied that a person has contravened the activity approval (whether or not the person is prosecuted or convicted of any offence arising from the contravention).

(10) Before cancelling an activity approval, otherwise than at the request of the holder of the activity approval, the Minister is to cause a written notice to be served on the holder of the activity approval that contains the following—

(a) notice that the activity approval is proposed to be cancelled,

(b) details of the grounds for the proposed cancellation,

(c) notice that the holder of the activity approval has a specified period (of at least 28 days) in which to make representations with respect to the proposed cancellation.

(11) The Minister must not cancel an activity approval, otherwise than at the request of the holder of the activity approval, unless—

(a) the Minister has taken any such representations received from the holder of the activity approval into consideration, or

(b) the period specified in the notice has elapsed and no such representations have been received.

(12) The Minister is to cause written notice of the cancellation of an activity approval to be given to the holder of the activity approval.

(13) The cancellation takes effect on the date on which the written notice of the cancellation is given to the holder of the activity approval, or on a later date specified in the notice.

(14) Any person who is aggrieved by the decision of the Minister to cancel an activity approval held by the person may appeal to the Land and Environment Court against the decision. Section 22B applies to such an appeal as if it were an appeal against a decision to cancel a petroleum title.

(15) The cancellation of an activity approval does not affect any liability incurred by the holder of the activity approval before the cancellation took effect.

(16) Action may be taken under subsection (9) (b) whether or not any other action has been taken in respect of the activity approval under this Act.

s 36A: Ins 2015 No 40, Sch 2 [27].

37 Direction to holder of assessment lease to apply for production lease

37 Direction to holder of assessment lease to apply for production lease

(1) The Minister may, by instrument in writing, direct the holder of an assessment lease to apply, within such period as may be specified in the direction, for a production lease in respect of so much of the land comprised in the assessment lease as is so specified.

(2) If the holder of an assessment lease does not apply for a production lease in accordance with directions given under this section, the Minister may cancel the assessment lease.

Note—

Section 22 (4) specifies the time at which cancellation of a petroleum title (which includes an assessment lease) takes effect.

s 37: Ins 2001 No 112, Sch 1.23 [8].

Division 4 Special prospecting authorities

Division 4 Special prospecting authorities

38 Rights of holders of special prospecting authorities

38 Rights of holders of special prospecting authorities

The holder of a special prospecting authority has the exclusive right to conduct speculative geological, geophysical or geochemical surveys or scientific investigations on and in respect of the land comprised in the authority.

39 Area of special prospecting authority

39 Area of special prospecting authority

The area comprised in a special prospecting authority is an area considered feasible by the Minister, having regard to the surveys and other operations sought to be carried out by the holder.

40 Term of special prospecting authority

40 Term of special prospecting authority

The initial term of a special prospecting authority is to be a term (not exceeding 12 months) fixed by the Minister.

Division 5 Production leases

Division 5 Production leases

41 Rights of holders of production leases

41 Rights of holders of production leases

(1) The holder of a production lease may, in accordance with the conditions of the lease—

(a) prospect in and on the land comprised in the lease for petroleum, and

(b) conduct petroleum mining operations in and on the land comprised in the lease, and

(c) construct and maintain on the land such works, buildings, plant, waterways, roads, pipelines, dams, reservoirs, tanks, pumping stations, tramways, railways, telephone lines, electric powerlines and other structures and equipment as are necessary for the full enjoyment of the lease or to fulfil the lessee’s obligations under it.

(2) While a production lease is in force, the holder of the lease and any person acting as agent or employee of the holder, or delivering goods or providing services to the holder, for the purpose of a requirement of or an activity authorised by the lease may—

(a) for that purpose enter and be on the land included in the lease, and

(b) do anything so authorised or required.

(3) Despite subsections (1) and (2), a holder of a production lease may carry out activities on the land comprised in the lease only in accordance with an access arrangement applying to that land.

s 41: Subst 2015 No 41, Sch 2 [3].

42 Grant of production lease

42 Grant of production lease

(1) A production lease may be granted only to an applicant who has held the land concerned under an exploration licence or an assessment lease, unless the Minister, by notice published in the Gazette, has invited applications for a production lease in respect of the area concerned.

(2) A person who has held the land concerned under an exploration licence or assessment lease is entitled to be granted a production lease in respect of the land if—

(a) the person has complied with the terms and conditions of the licence or lease, and

(b) to grant the production lease would not contravene the Environmental Planning and Assessment Act 1979 or any other Act, and

(c) the person accepts the conditions of the lease.

43 Notice of application for production lease to be published

43 Notice of application for production lease to be published

An applicant, or a person intending to apply, for a production lease must either before, or within 21 days after, lodging the application, cause to be published in a newspaper circulating generally in the State a notice—

(a) stating that an application for a production lease has been or will be lodged (as the case requires), and

(b) containing particulars sufficient to lead to the ready identification of the area of land over which the lease is sought, and consisting of a plan and a description of that area and a statement indicating the approximate direction and approximate distance of the town nearest to that area.

44 Area of production lease

44 Area of production lease

(1) The area comprised in a production lease must be not more than 4 blocks.

(2) The land over which a production lease is granted may differ in size or shape from, but may not include land other than, the land over which the production lease was sought.

(3) Subsection (2)—

(a) extends to the grant of a single production lease for 2 or more applications made by the same applicant, and

(b) as extended, applies as if the land over which the production lease was sought was the land over which the 2 or more production leases were sought.

s 44: Am 2022 No 21, Sch 2[25].

45 Term of production lease

45 Term of production lease

The initial term of a production lease is to be a term (not exceeding 21 years) fixed by the Minister.

Division 6 Low-impact prospecting titles—special provisions

Division 6 Low-impact prospecting titles—special provisions

pt 3, div 6: Ins 1998 No 88, Sch 6 [1].

45A Object of Division

45A Object of Division

The object of this Division is to provide for the grant of a class of low-impact exploration licence, or low-impact special prospecting authority, that may be approved under section 26A of the Commonwealth Native Title Act.

Note—

See clause 14 (3) of Part 5 of Schedule 5 to the Native Title Amendment Act 1998 of the Commonwealth for preservation of approvals previously granted by the Commonwealth.

ss 45A–45E: Ins 1998 No 88, Sch 6 [1].

45B Special low-impact class of prospecting title

45B Special low-impact class of prospecting title

(1) There is to be—

(a) a special class of exploration licence called a low-impact exploration licence, and

(b) a special class of special prospecting authority called a low-impact special prospecting authority.

Exploration licences and special prospecting authorities are referred to in this Division as prospecting titles.

(2) A prospecting title may be granted as a low-impact prospecting title if this Division is complied with.

(3) The relevant provisions of this Act relating to prospecting titles apply to low-impact prospecting titles, except as otherwise provided by this Division.

ss 45A–45E: Ins 1998 No 88, Sch 6 [1].

45C Authority conferred by low-impact prospecting title

45C Authority conferred by low-impact prospecting title

(1) The Minister may, by order published in the Gazette, determine the kind of prospecting operations that may be authorised by a low-impact prospecting title, being operations that the Minister is satisfied are unlikely to have a significant impact on the land over which the title may be granted. Different kinds of operations may be determined for exploration licences and for special prospecting authorities.

(2) The conditions to which a low-impact prospecting title is subject are to limit the prospecting operations authorised by the title to all or some of the prospecting operations of the kind determined by the Minister under this section.

(3) A change in the prospecting operations determined by the Minister under this section does not affect a low-impact prospecting title that is in force at the time the change is made.

ss 45A–45E: Ins 1998 No 88, Sch 6 [1].

45D Provisions relating to applications for low-impact prospecting titles

45D Provisions relating to applications for low-impact prospecting titles

(1) A low-impact prospecting title may not be granted unless notice of the application for the title has been served on all—

(a) registered native title bodies corporate, and

(b) registered native title claimants, and

(c) representative Aboriginal/Torres Strait Islander bodies,

in relation to any of the land that will be affected by the proposed prospecting operations to be authorised by the prospecting title.

(2) The notice must contain a map or other description of the land over which the prospecting title is sought and a description of the kind of prospecting operations that may be authorised by the prospecting title.

(3) An applicant may request the Minister to grant a low-impact prospecting title either at the time the application for a prospecting title is made or at any later time before the grant of the prospecting title.

(4) The regulations may make other provision for or with respect to the making and grant of applications for low-impact prospecting titles.

ss 45A–45E: Ins 1998 No 88, Sch 6 [1].

45E Change of class of prospecting title—additional prospecting operations

45E Change of class of prospecting title—additional prospecting operations

(1) The holder of a low-impact prospecting title may apply to the Minister for a variation of the prospecting operations authorised by the title.

(2) After considering the application, the Minister may vary the prospecting title or may refuse the application.

(3) If the prospecting operations authorised by a prospecting title as so varied are not of a kind permitted by this Division, the title ceases to be a low-impact prospecting title.

(4) The variation of a prospecting title takes effect on the date on which written notice of the variation is served on the holder of the title or such later date as may be specified in the notice.

Note—

The right to negotiate or other procedures may apply to the variation of the prospecting title under the Commonwealth Native Title Act if section 26A of that Act no longer applies because of the variation.

ss 45A–45E: Ins 1998 No 88, Sch 6 [1].

45F Access arrangement required for prospecting operations under low-impact prospecting titles

45F Access arrangement required for prospecting operations under low-impact prospecting titles

(1) In this section, relevant land means land in relation to which there are registered native title bodies corporate or registered native title claimants.

(2) A low-impact prospecting title is subject to the condition that the holder of the prospecting title is not authorised to carry out prospecting operations on any relevant land otherwise than in accordance with an access arrangement under Part 4A between the holder of the prospecting title and each registered native title body corporate or each registered native title claimant, being an access arrangement—

(a) that is agreed between them in accordance with that Part, or that is determined for them by an arbitrator in accordance with that Part, and

(b) that has involved consultation by the holder of the prospecting title that satisfies the requirements of section 26A of the Commonwealth Native Title Act.

(3) This section does not apply in any case in which Part 4A is excluded because of section 69A (2) (which relates to prospecting title granted after compliance with the full native title right to negotiate procedure or an indigenous land use agreement).

(4) This section does not limit the operation of Part 4A with respect to landholders who are not native title holders.

s 45F: Ins 1998 No 88, Sch 6 [1]. Am 1999 No 31, Sch 2.27 [1]; 2000 No 90, Sch 4 [4].

45G Renewal of low-impact prospecting titles

45G Renewal of low-impact prospecting titles

The requirements of this Division with respect to the grant of a low-impact prospecting title apply to the renewal of such a title, subject to any modifications prescribed by the regulations.

s 45G: Ins 1998 No 88, Sch 6 [1].

Part 4 Consent of other government authorities

Part 4 Consent of other government authorities

46

46 (Repealed)

47 Application of epis

47 Application of epis

(1) If a person is authorised under this Act to carry out operations authorised under a petroleum title other than a production lease—

(a) nothing in, or done under, an environmental planning instrument operates so as to prevent the holder of the title carrying out any such operations on the land comprised in the title, and

(b) to the extent to which anything in, or done under, any such instrument would so operate, it is of no effect in relation to the holder.

(2) A reference in this section to an environmental planning instrument does not include a reference to a State environmental planning policy made on or after the commencement of this subsection.

s 47: Subst 2005 No 43, Sch 7.13 [2].

48 Application of this Division to Government bodies where development consent etc not required

48 Application of this Division to Government bodies where development consent etc not required

(1) This Division does not apply to the grant of a production lease if a development consent (or approval under Part 3A or Part 5.1 of the Environmental Planning and Assessment Act 1979) is required before the land is used for the purpose of obtaining petroleum.

(2) The Minister may, by order published in the Gazette, designate a corporation established by an Act as a statutory authority for the purposes of this Division. A corporation so designated is a statutory authority for the purposes of this Division.

s 48: Am 2005 No 43, Sch 7.13 [3]; 2011 No 22, Sch 2.20 [1].

49 Notice of application for production lease to be sent to Public Service agencies

49 Notice of application for production lease to be sent to Public Service agencies

If the Minister is of the opinion that a Public Service agency or statutory authority will be materially affected by the granting of a production lease, the Minister must cause to be served on that agency or authority a notice—

(a) stating that an application for the lease has been lodged, and

(b) containing a description or a plan of the area of land over which the lease is sought, and

(c) stating that objections to the granting of the lease, or proposals for the inclusion in the lease of any condition, may be made to the Minister within the period specified in the notice.

s 49: Am 2015 No 40, Sch 2 [28] [29].

50 Notice to be sent to Secretary of Department of Planning and Environment

50 Notice to be sent to Secretary of Department of Planning and Environment

(1) The Minister, before granting a production lease, must cause to be served on the Secretary of the Department of Planning and Environment a notice—

(a) stating that an application for the lease has been lodged, and

(b) containing a description or a plan of the area of land over which the lease is sought, and

(c) containing a detailed description of the works to be undertaken by or on behalf of the applicant for the lease if granted, including works and activities relating to—

(i) the preparation of the land for petroleum mining, and

(ii) the reinstatement of the land either during the carrying on of petroleum mining operations or after they have ceased, and

(d) containing a copy of any environmental impact statement that is required by the Environmental Planning and Assessment Act 1979 to be prepared in relation to the application, and

(e) stating that objections to the granting of the lease, or proposals for the inclusion in the lease of any condition, may be made to the Minister within the period specified in the notice.

(2) If, before granting a production lease, the Minister becomes aware that the detailed description contained in a notice served under subsection (1) or a notice served under this subsection requires alteration for any reason, the Minister, before granting the lease, must cause to be served on the Secretary of the Department of Planning and Environment a notice of the alteration.

s 50: Am 2015 No 40, Sch 2 [30].

51 Objection to grant of production lease

51 Objection to grant of production lease

A Public Service agency or statutory authority or the Secretary of the Department of Planning and Environment, if served with a notice under this Division, may, within the period specified in the notice, by instrument in writing lodged with the Minister—

(a) object to the granting of a production lease, or

(b) propose that the conditions specified in the instrument be included in the lease, if granted.

s 51: Am 2015 No 40, Sch 2 [31].

52 Resolution of objections

52 Resolution of objections

(1) The Minister may take, or cause to be taken, such steps as the Minister thinks appropriate in connection with any objection or proposal made under this Division and if agreement is not then reached concerning the acceptance, modification or withdrawal of the objection or proposal, the matter is to be referred to the Premier.

(2) If any matter is referred to the Premier under this section the Premier may give whatever decision the Premier thinks appropriate.

(3) (Repealed)

s 52: Am 2008 No 107, Sch 22 [2].

53 Grant of production lease after objection or proposal

53 Grant of production lease after objection or proposal

(1) A production lease must include—

(a) a condition proposed, in accordance with this Division, to be included in it (unless the proposal for the inclusion of the condition is withdrawn, or rejected by the decision of the Premier) or, if the condition is modified, the condition as so modified, and

(b) any condition directed to be included in the lease by the decision of the Premier.

(2) The failure to include a condition in a lease as required by this section does not affect the validity of the lease, but the Minister may, by instrument in writing, amend the lease so as to include the condition omitted.

(3) The Minister must cause to be served on the registered holder of a lease amended under subsection (2) a notice in writing setting out the details of the amendment, and the amendment has effect from the date on which the notice is served.

(4) Despite clauses 9 and 10 of Schedule 1B, a condition included in a production lease in accordance with a direction of the Premier may only be varied with the concurrence of the Premier.

s 53: Am 2015 No 40, Sch 2 [32].

54 Power to refuse grant of title not affected

54 Power to refuse grant of title not affected

Nothing in this Division affects any discretion of the Minister to refuse an application for a production lease for any reason that is sufficient under this Act for such a refusal.

54A Division applies only where development consent etc not required

54A Division applies only where development consent etc not required

This Division does not apply to the grant of a production lease if a development consent (or approval under Part 3A or Part 5.1 of the Environmental Planning and Assessment Act 1979) is required before the land is used for the purpose of obtaining petroleum.

s 54A: Ins 2005 No 43, Sch 7.13 [4]. Am 2011 No 22, Sch 2.20 [2].

55 Definitions

55 Definitions

In this Division—

council has the same meaning as it has in the Local Government Act 1993.

local government area has the same meaning as area has in the Local Government Act 1993.

s 55: Subst 1995 No 11, Sch 1.

56 Notice of application to be sent to councils in certain cases

56 Notice of application to be sent to councils in certain cases

If the land to which an application for a production lease relates is not affected by an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979 that comprehensively specifies the purposes for which development is prohibited and the purposes for which development may be carried out, either with or without the consent of any person or body, the Minister must cause to be served on the council within whose local government area the land is situated a notice—

(a) stating that an application for the lease has been lodged, and

(b) containing a description or a plan of the area of land over which the lease is sought, and

(c) stating that objection to the granting of the lease, or proposals for the inclusion in the lease of any condition, may be made to the Minister within the period specified in the notice.

57 Objection by council

57 Objection by council

A council served with a notice under this Division may, within the period specified in the notice, by instrument in writing lodged with the Minister—

(a) object to the granting of a production lease, or

(b) propose that the conditions specified in the instrument be included in the lease, if granted.

58 Consideration of objection

58 Consideration of objection

In deciding whether or not to grant a production lease, the Minister is to take into account any objection or proposal made under this Division.

59 Granting of petroleum title after objection or proposal

59 Granting of petroleum title after objection or proposal

Petroleum mining operations under a production lease granted in respect of land after compliance with the provisions of this Division may be commenced within 5 years from the date on which the lease takes effect without the necessity for a development consent under the Environmental Planning and Assessment Act 1979 if, within that 5-year period, the land comes to be affected by an environmental planning instrument which prohibits those operations or prohibits those operations without consent.

60 Consent still required for certain works

60 Consent still required for certain works

This Division does not operate so as to exempt the holder of a production lease from obtaining any consent which the holder is required to obtain in connection with the erection of buildings, the opening of roads or the subdivision of land.

61 Power to refuse grant of title not affected

61 Power to refuse grant of title not affected

Nothing in this Division affects any discretion of the Minister to refuse an application for a production lease for any reason that is sufficient under this Act for such a refusal.

62 Definitions

62 Definitions

In this Division—

consent authority means an authority or body empowered to grant a development consent.

development consent has the same meaning as in the Environmental Planning and Assessment Act 1979.

s 62: Am 2005 No 43, Sch 7.13 [5].

63

63 (Repealed)

64 Consent of landowner not necessary in application required by this Division

64 Consent of landowner not necessary in application required by this Division

Any requirement of or made under the Environmental Planning and Assessment Act 1979 that an application for development consent to the use of land for the purpose of obtaining petroleum be accompanied by the consent of the owner of the land is of no effect.

65

65, 66 (Repealed)

67 Development consent under Environmental Planning and Assessment Act 1979

67 Development consent under Environmental Planning and Assessment Act 1979

(1) This section applies if development consent is required for the use of land for the purpose of obtaining petroleum.

(2) The Minister must not grant a production lease over the land unless an appropriate development consent is in force in respect of the land.

s 67: Subst 2005 No 43, Sch 7.13 [9].

68

68 (Repealed)

69 Power to refuse grant of title not affected

69 Power to refuse grant of title not affected

Nothing in this Division affects any discretion of the Minister to refuse an application for a production lease for any reason that is sufficient under this Act for such a refusal.

Part 4A Access arrangements for prospecting titles

Part 4A Access arrangements for prospecting titles

pt 4A: Ins 1994 No 45, Sch 1.

69A Application of Part

69A Application of Part

(1) This Part applies to the carrying out of prospecting operations under exploration licences, assessment leases and special prospecting authorities (referred to in this Part as prospecting titles).

(2) However, this Part does not apply so as to require an access arrangement in respect of a landholder who is a native title holder within the meaning of the Commonwealth Native Title Act if the prospecting title concerned was granted after compliance with Subdivision P of Division 3 of Part 2 of that Act and the grant of the title was not an act that attracted the expedited procedure under and within the meaning of that Act. In addition, this Division does not apply if the prospecting title concerned was granted or renewed after compliance with a registered indigenous land use agreement under that Act and the agreement provides that an access arrangement is not required under this Division in respect of such a landholder.

(3) This Part applies, in the case of a prospecting title that is a low-impact exploration licence or a low-impact special prospecting authority, as though a reference in this Part to a landholder included a reference to—

(a) any registered native title body corporate, and

(b) any registered native title claimant,

in relation to the land over which the licence is granted.

Note—

Section 45F makes special provision with respect to access arrangements for low-impact prospecting titles.

s 69A: Ins 1994 No 45, Sch 1. Am 1998 No 88, Sch 6 [2]–[4]; 1999 No 31, Sch 2.27 [2] [3]; 2000 No 90, Schs 3.2 [1], 4 [5]–[7].

69B Arbitration Panel

69B Arbitration Panel

(1) There is to be an Arbitration Panel.

(2) The Arbitration Panel constituted under section 139 of the Mining Act 1992 is to perform the functions of the Arbitration Panel under this Act.

s 69B: Ins 1994 No 45, Sch 1.

69C Prospecting to be carried out in accordance with access arrangement

69C Prospecting to be carried out in accordance with access arrangement

(1) The holder of a prospecting title must not carry out prospecting operations on any land except in accordance with an access arrangement or arrangements applying to the land—

(a) agreed (in writing) between the holder of the prospecting title and each landholder of the land, or

(b) determined by an arbitrator in accordance with this Part.

(2) Separate access arrangements may (but need not) be agreed or determined with different landholders of the same area of land, for different areas of the same landholding or with respect to the different matters to which access arrangements relate.

(3) Separate access arrangements may be made to preserve the confidentiality of provisions of the arrangements, to deal with persons becoming landholders at different times or for any other reason.

s 69C: Ins 1994 No 45, Sch 1. Am 2000 No 90, Sch 4 [8]. Subst 2010 No 29, Sch 3 [3].

69D Matters for which access arrangement to provide

69D Matters for which access arrangement to provide

(1) An access arrangement may make provision for or with respect to the following matters—

(a) the periods during which the holder of the prospecting title is to be permitted access to the land,

(b) the parts of the land in or on which the holder of the prospecting title may prospect and the means by which the holder may gain access to those parts of the land,

(c) the kinds of prospecting operations that may be carried out in or on the land,

(d) the conditions to be observed by the holder of the prospecting title when prospecting in or on the land,

(e) the things which the holder of the prospecting title needs to do in order to protect the environment while having access to the land and carrying out prospecting operations in or on the land,

(f) (Repealed)

(g) the manner of resolving any dispute arising in connection with the arrangement,

(h) the manner of varying the arrangement,

(i) the notification to the holder of the prospecting title of particulars of any person who becomes an additional landholder.

(1A) The Secretary may, with the concurrence of the NSW Farmers Association and Australian Petroleum Production and Exploration Association Limited, publish templates for use for standard access arrangements. The use of any such template is not mandatory.

(2) An access arrangement must specify the compensation that is payable to each landholder of the land concerned as a consequence of the holder of the prospecting title carrying out prospecting operations on the land.

(2A) (Repealed)

(3) In the event of an inconsistency between—

(a) a provision of an access arrangement, and

(b) a provision of this Act, of the regulations or of a condition of a prospecting title,

the provision referred to in paragraph (b) prevails.

(4) If the holder of a prospecting title contravenes an access arrangement, a landholder of the land concerned may deny the holder access to the land until—

(a) the holder ceases the contravention, or

(b) the contravention is remedied to the reasonable satisfaction of, or in the manner directed by, an arbitrator appointed by the Secretary.

The Secretary is to make such an appointment within 48 hours after being requested to do so by the landholder or the holder of a prospecting title and the arbitrator is to deal with the matter within 5 business days of the appointment. If the arbitrator does not deal with the matter within that time, the landholder may deny the holder of the prospecting title access to the land until such time as the matter is determined by the arbitrator.

(5) Subsection (4) does not affect any proceedings that may be brought against the holder of the prospecting title in respect of the contravention of the access arrangement.

s 69D: Ins 1994 No 45, Sch 1. Am 2000 No 90, Sch 4 [9] [10]; 2010 No 29, Sch 3 [4]–[7]; 2012 No 42, Sch 1.22 [3]; 2015 No 41, Sch 2 [4]–[7].

69DA Access code

69DA Access code

(1) The regulations may prescribe a code (an access code) containing provisions relating to access to land by the holder of a prospecting title and the carrying out of activities on that land by the holder.

(2) The regulations may designate any or all of the provisions of an access code as mandatory provisions.

(3) An access code may contain non-binding guidelines relating to negotiating and agreeing access arrangements.

s 69DA: Ins 2015 No 41, Sch 2 [8].

69DB Application of mandatory provisions of access codes

69DB Application of mandatory provisions of access codes

(1) An access arrangement is taken to include provisions in the same terms as the mandatory provisions of the access code.

(2) A provision of an access arrangement has no effect to the extent that it contains obligations on the holder of the prospecting title that are less stringent than those in a mandatory provision.

Note—

See also section 69D (3) which deals with inconsistency between provisions of access arrangements and provisions of regulations.

s 69DB: Ins 2015 No 41, Sch 2 [8].

69E Holder of prospecting title to seek access arrangement

69E Holder of prospecting title to seek access arrangement

(1) The holder of a prospecting title may, by written notice served on each landholder of the land concerned, give notice of the holder’s intention to obtain an access arrangement in respect of the land.

(2) The notice of the holder’s intention to obtain an access arrangement must, in addition to stating the holder’s intention, contain—

(a) a plan and description of the area of land over which the access is sought sufficient to enable the ready identification of that area, and

(b) a description of the prospecting methods intended to be used in that area.

(2A) The holder of the prospecting title must pay the reasonable costs of the landholder of the land concerned in participating in negotiating the access arrangement.

(2B) The maximum amount of reasonable costs payable by the holder of the prospecting title is the amount set out by the Minister by order published in the Gazette.

(2C) In making the order, the Minister must have regard to the following—

(a) time spent participating in negotiating the access arrangement,

(b) legal costs of negotiating the access arrangement,

(c) costs of engaging experts as part of the negotiation process.

(2D) Nothing in this section prevents a holder of a prospecting title, at the holder’s discretion, paying other amounts to a landholder.

(2E) An order relating to costs may—

(a) apply generally or be limited in its application by reference to specified exceptions or factors, or

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,

or may do any combination of those things.

(2F) The regulations may make provision for or with respect to the payment of costs under this section, including, but not limited to, the following—

(a) the timing or frequency of payments,

(b) evidence of costs incurred to be provided to the holder of the prospecting title.

(2G) The holder of a prospecting title and the landholder of the land concerned must negotiate on an access arrangement in good faith.

(3) The holder of a prospecting title and a landholder of the land concerned may agree in writing (either before or after the prospecting title is granted) on an access arrangement.

(4) If some but not all of the landholders of any particular land have agreed to an access arrangement, a reference in sections 69F–69S to each landholder of the land or to a party to the hearing before an arbitrator does not include a reference to any of those landholders who has agreed to an access arrangement. However, the arbitrator may allow a landholder who has agreed to an access arrangement to become a party to the hearing of the matter in order to ensure consistency in the access arrangements over the same land, and may, for that purpose, replace the agreed access arrangement with the access arrangement determined by the arbitrator.

(5) In this section, a reference to the holder of a prospecting title includes a reference to the proposed holder of a prospecting title.

s 69E: Ins 1994 No 45, Sch 1. Am 2000 No 90, Sch 4 [11]; 2010 No 29, Sch 3 [8]; 2015 No 41, Sch 2 [9].

69EA Notice to mortgagees of access arrangements

69EA Notice to mortgagees of access arrangements

(1) Within 14 days after an access arrangement is agreed between a landholder and the holder of a prospecting title, the holder is to serve notice of the making of the arrangement on each person (other than that landholder) who is identified in any register or record kept by the Registrar-General as a person having an interest as mortgagee in the land concerned.

(2) Notice is not required to be served on a mortgagee under this section—

(a) if the mortgagee has been given a copy of the written notice referred to in section 69E to the landholder of the intention to obtain the access arrangement, or

(b) if the landholder with whom the access arrangement was made is not the mortgagor.

(3) If notice is required to be served on a mortgagee under this section, the access arrangement does not come into force until the end of the period of 14 days after the notice is served, unless the holder of the prospecting title has reasonable cause to believe that the mortgagee is not a mortgagee in possession of the land concerned.

(4) The requirement imposed by this section on the holder of a prospecting title is taken to be a condition of the prospecting title.

(5) This section applies only to access arrangements made after the commencement of this section.

Note—

If the person is a mortgagee in possession of the land, an access arrangement with that person is also required under section 69C before prospecting operations may be carried out on the land.

s 69EA: Ins 2010 No 29, Sch 3 [9].

69F Appointment of arbitrator by agreement

69F Appointment of arbitrator by agreement

(1) If, by the end of 28 days after the holder of a prospecting title serves notice in writing on each landholder of the title holder’s intention to obtain an access arrangement, the title holder and each landholder have been unable to agree on such an arrangement, the title holder may, by further notice in writing served on each such landholder, request them to agree to the appointment of an arbitrator.

(2) The holder of a prospecting title, and each landholder concerned, may agree to the appointment of any person as an arbitrator.

s 69F: Ins 1994 No 45, Sch 1. Am 2000 No 90, Sch 4 [8] [12]–[15].

69G Appointment of arbitrator in default of agreement

69G Appointment of arbitrator in default of agreement

(1) If, by the end of 28 days after the holder of a prospecting title serves notice in accordance with section 69F, the title holder and each landholder concerned have been unable to agree on the appointment of an arbitrator, then any one of them may apply to the Secretary for the appointment of a member of the Arbitration Panel as an arbitrator.

(2) At the same time as, or after, an application is made under this section, but before an arbitrator is appointed, the holder of the prospecting title concerned must pay the application fee prescribed by the regulations for the purposes of this section.

(3) The Secretary is to appoint a member of the Arbitration Panel as an arbitrator.

s 69G: Ins 1994 No 45, Sch 1. Am 1998 No 5, Sch 1 [7]; 2000 No 90, Schs 3.2 [2], 4 [8] [13]; 2012 No 46, Sch 6.1 [8]; 2015 No 41, Sch 2 [10] (am 2016 No 27, Sch 1.17 [3]).

69H Arbitration process—mediation before arbitration hearing

69H Arbitration process—mediation before arbitration hearing

(1) As soon as practicable after having been appointed, an arbitrator—

(a) must fix a time and place for conducting a mediation of the question of access to the land concerned, and

(b) must cause notice of his or her appointment, and of the time and place fixed for conducting the mediation, to be given to the holder of the prospecting title and to each landholder.

(2) The arbitrator may, by a further notice served on the holder of the prospecting title and on each landholder, vary the time or place fixed for conducting the mediation.

(3) The arbitrator must, at the time and place fixed under this section, conduct a mediation of the question of access to the land concerned.

s 69H: Ins 1994 No 45, Sch 1. Am 2000 No 90, Sch 4 [8] [16]. Subst 2015 No 41, Sch 2 [11].

69HA Mediation

69HA Mediation

(1) An arbitrator conducting a mediation under this Part—

(a) must use his or her best endeavours to bring the parties to a settlement acceptable to all of them, and

(b) may communicate with the parties collectively or separately, and

(c) must treat information obtained by the arbitrator from a party with whom he or she communicates separately as confidential, unless that party otherwise agrees.

(2) The parties to a mediation must participate in the mediation in good faith.

(3) A mediation terminates if—

(a) the parties agree to terminate the mediation, or

(b) any party terminates the mediation, by notice in writing, served on the other parties and the arbitrator, or

(c) the arbitrator terminates the mediation, or

(d) the parties agree on an access arrangement.

(4) An arbitrator who has acted as mediator in a mediation that is terminated under subsection (3) (a)–(c)—

(a) may refuse to conduct the subsequent arbitration, and

(b) must not conduct the subsequent arbitration unless, at the time of or after the termination of the mediation, all the parties to the arbitration (including the arbitrator) consent in writing.

(5) If—

(a) an arbitrator has obtained confidential information from a party during a mediation, and

(b) the mediation has been terminated under subsection (3) (a)–(c), and

(c) the parties have consented to the arbitrator conducting the subsequent arbitration,

the arbitrator must, as soon as reasonably practical after that consent has been given, disclose to all other parties to the arbitration so much of the information as the arbitrator considers material to the arbitration.

(6) If the parties consent under subsection (4) (b), no objection may be taken to the conduct of the subsequent arbitration by the arbitrator solely on the ground that he or she has previously conducted a mediation in accordance with this section.

(7) If the arbitrator refuses to conduct the subsequent arbitration under subsection (4) (a) or the parties do not consent under subsection (4) (b), the arbitrator’s mandate is taken to have been terminated and a substitute arbitrator may be appointed—

(a) by the parties, or

(b) by the Secretary, but only if the parties have been unable to agree on the appointment of an arbitrator by the end of 7 days after the termination of the mediation.

(8) Before a substitute arbitrator is appointed under this section, the holder of the prospecting title concerned must pay the application fee prescribed by the regulations for the purposes of this section.

(9) The substitute arbitrator is not required to conduct a mediation under this Part.

s 69HA: Ins 2015 No 41, Sch 2 [11].

69HB Arbitration hearing

69HB Arbitration hearing

(1) If the mediation is unsuccessful, the arbitrator must, as soon as practicable after its conclusion—

(a) fix a time and place for conducting a hearing of the question of access to the land concerned, and

(b) cause notice of the time and place fixed for conducting the hearing to be given to the holder of the prospecting title and to each landholder.

(2) The arbitrator may, by a further notice served on the holder of the prospecting title and on each landholder, vary the time or place fixed for conducting the hearing.

(3) The arbitrator must, at the time and place fixed under this section, conduct a hearing into the question of access to the land concerned.

s 69HB: Ins 2015 No 41, Sch 2 [11].

69I Right of appearance

69I Right of appearance

At any mediation of, or hearing into, the question of access to any land by the holder of a prospecting title, the holder and each landholder—

(a) are entitled to appear and be heard, and

(b) may be represented by an agent or by an Australian legal practitioner.

s 69I: Ins 1994 No 45, Sch 1. Am 2000 No 90, Sch 4 [8]; 2008 No 62, Sch 3.3. Subst 2016 No 41, Sch 2 [12].

69J

69J (Repealed)

69K Conduct of arbitration

69K Conduct of arbitration

(1) The parties to an arbitration must participate in the arbitration in good faith.

(1A) An arbitrator may terminate an arbitration at any time at the request of the parties.

(2) An arbitrator must act according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms.

(3) An arbitrator may conduct a hearing even though one or more of the parties to the hearing fails to attend the hearing.

s 69K: Ins 1994 No 45, Sch 1. Am 2015 No 41, Sch 2 [14].

69KA Approved arbitration procedures

69KA Approved arbitration procedures

(1) The Secretary may, by order published in the Gazette, approve arbitration procedures for the conduct of mediations and arbitrations under this Part (approved arbitration procedures).

(2) The approved arbitration procedures may include guidance materials for the benefit of the parties and arbitrators.

(3) The approved arbitration procedures may also include, but are not limited to, the following—

(a) objectives and principles for arbitration,

(b) responsibilities of parties and the arbitrator in the arbitration process,

(c) stages and timeframes for the arbitration framework,

(d) processes for dealing with significant improvements,

(e) confidentiality,

(f) suspension of mediation or arbitration proceedings in certain circumstances,

(g) production of evidence of costs incurred by landholders.

(4) Unless the parties and the arbitrator agree otherwise, mediation and arbitration under this Part is to be conducted in accordance with the provisions of the approved arbitration procedures.

(5) In the event of an inconsistency between a provision of the approved arbitration procedures and a provision of this Act or of the regulations, the provision of this Act or of the regulations prevails.

(6) If a matter is not provided for in this Act, the regulations or the approved arbitration procedures, the procedure at a mediation or a hearing is to be as determined by the arbitrator.

(7) Approved arbitration procedures take effect on the day on which the procedures are published in the Gazette or, if a later day or days are specified for that purpose, on the later day or days so specified.

(8) Sections 40 and 41 of the Interpretation Act 1987 apply to the approved arbitration procedures under this section in the same way as they apply to statutory rules within the meaning of that Act.

ss 69KA–69KC: Ins 2015 No 41, Sch 2 [15].

69KB Site inspection by arbitrator

69KB Site inspection by arbitrator

An arbitrator conducting a mediation or a hearing may enter the land concerned and inspect it at a reasonable time after giving reasonable notice to the landholder.

ss 69KA–69KC: Ins 2015 No 41, Sch 2 [15].

69KC Costs of landholder participation in mediation and arbitration

69KC Costs of landholder participation in mediation and arbitration

(1) The holder of the prospecting title must pay the reasonable costs of the landholder of the land concerned in participating in the mediation and arbitration.

(2) The maximum amount of reasonable costs is the amount set out by the Minister by order published in the Gazette.

(3) In making the order, the Minister must have regard to the following—

(a) time spent participating in the mediation and arbitration,

(b) legal costs in participating in the mediation and arbitration,

(c) costs of engaging experts as part of the mediation and arbitration process.

(4) Nothing in this section prevents a holder of a prospecting title, at the holder’s discretion, paying other amounts to a landholder.

(5) An order relating to costs may—

(a) apply generally or be limited in its application by reference to specified exceptions or factors, or

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,

or may do any combination of those things.

ss 69KA–69KC: Ins 2015 No 41, Sch 2 [15].

69L Interim determination by arbitrator

69L Interim determination by arbitrator

(1) As soon as practicable after concluding a hearing, an arbitrator—

(a) must make an interim determination as to whether or not the holder of the prospecting title should have a right of access to the land concerned, and

(b) if the arbitrator determines that the holder of the prospecting title should have such a right of access, must prepare a draft access arrangement in respect of that land.

(2) As soon as practicable after making an interim determination, the arbitrator—

(a) must reduce the determination to writing, and

(b) must cause a copy of the determination, together with a copy of any draft access arrangement, to be served on each of the parties to the hearing.

s 69L: Ins 1994 No 45, Sch 1.

69M Further arbitration

69M Further arbitration

(1) A party to a hearing may, within 14 days after being served with a copy of the arbitrator’s interim determination, apply to the arbitrator—

(a) for reconsideration of the question of access to the land concerned, or

(b) for variation of any draft access arrangement prepared by the arbitrator in respect of that land.

(2) As soon as practicable after receiving such an application, the arbitrator—

(a) must fix a time and place for continuing the hearing into the question of access to the land concerned, and

(b) must cause notice of the time and place fixed for continuing the hearing to be given to the holder of the prospecting title and to each landholder.

(3) The arbitrator may, by a further notice served on the holder of the prospecting title and on each landholder concerned, vary the time or place fixed for continuing the hearing.

(4) The arbitrator must, at the time and place fixed under this section, continue the hearing into the question of access to the land concerned.

s 69M: Ins 1994 No 45, Sch 1. Am 2000 No 90, Sch 4 [8] [16].

69N Final determination by arbitrator

69N Final determination by arbitrator

(1) If an application is not made to the arbitrator within the period of 14 days referred to in section 69M (1)—

(a) the interim determination is taken to be the arbitrator’s final determination, and

(b) any draft access arrangement is taken to be a final access arrangement.

(2) If an application is made to the arbitrator within the period of 14 days referred to in section 69M (1), the arbitrator, as soon as practicable after concluding the continued hearing—

(a) must make a final determination as to whether or not the holder of the prospecting title should have a right of access to the land concerned, and

(b) if the arbitrator determines that the holder of the prospecting title should have such a right of access, must determine a final access arrangement in respect of that land.

(3) As soon as practicable after making a final determination, the arbitrator—

(a) must reduce the determination to writing, and

(b) must cause a copy of the determination, together with a copy of any final access arrangement forming part of the determination, to be served on each of the parties to the hearing.

s 69N: Ins 1994 No 45, Sch 1.

69NA Determination as to costs

69NA Determination as to costs

(1) This section applies to an arbitrator in the following circumstances—

(a) as soon as practicable after an interim determination is taken to be a final determination,

(b) on making a final determination under this Part,

(c) before terminating an arbitration at the request of the parties.

(2) The arbitrator must determine the following—

(a) if the parties have disputed a payment to cover the landholder’s costs in negotiating the access arrangement, the amount of that payment (in accordance with section 69E), and

(b) the reasonable costs of the landholder in participating in the mediation and arbitration (in accordance with section 69KC).

(3) When determining a payment to cover the reasonable costs of the landholder in participating in the mediation and arbitration, the arbitrator must—

(a) consider whether or not the landholder has acted unreasonably in the negotiation, mediation or arbitration, and

(b) deduct an amount that in the opinion of the arbitrator represents the amount by which the unreasonable conduct increased the costs of the negotiation, mediation or arbitration.

s 69NA: Ins 2015 No 41, Sch 2 [16].

69O Costs of mediation and arbitration hearing

69O Costs of mediation and arbitration hearing

(1) (Repealed)

(2) The arbitrator’s costs in relation to the hearing are to be borne by the holder of the prospecting title.

(3) Payment of the arbitrator’s costs in relation to a hearing is, for the purpose of any security given by the holder of a prospecting title, taken to be an obligation under the title.

s 69O: Ins 1994 No 45, Sch 1. Am 2015 No 41, Sch 2 [17].

69P Withdrawal from arbitration

69P Withdrawal from arbitration

(1) The parties to a hearing may, at any time before the conclusion of the hearing, terminate the hearing by notice in writing, signed by all of the parties, served on the arbitrator.

(2) This section does not limit the liability of the holder of a prospecting title to bear the arbitrator’s costs in relation to the hearing.

s 69P: Ins 1994 No 45, Sch 1.

69Q Liability

69Q Liability

No proceedings lie against an arbitrator for or with respect to—

(a) any determination made by the arbitrator, or

(b) any publication made by the arbitrator, or

(c) any other act, matter or thing done by the arbitrator,

for the purposes of a mediation or a hearing, as long as the determination, publication, act, matter or thing was made or done in good faith.

s 69Q: Ins 1994 No 45, Sch 1. Am 2015 No 41, Sch 2 [18].

69R Review of determination

69R Review of determination

(1) A party to a hearing who is aggrieved by an arbitrator’s final determination may apply to the Land and Environment Court for a review of the determination.

(2) An application—

(a) must be accompanied by a copy of the determination to which it relates, together with a copy of any access arrangement forming part of the determination, and

(b) must be filed in the Land and Environment Court—

(i) in the case of an interim determination that has become a final determination—within 28 days after a copy of the interim determination was served on the applicant, or

(ii) in the case of a final determination—within 14 days after a copy of the final determination was served on the applicant.

(3) An application for review may not be made—

(a) during the period of 14 days within which an application may be made to an arbitrator, or

(b) if such an application is made, until the arbitrator has made a final determination with respect to the application.

(4) The applicant must cause a copy of the application to be served on each of the other parties to the determination to which the application relates.

(5) Subject to any order of the Land and Environment Court to the contrary, an application for review of a determination operates to stay the effect of any related access arrangement in relation to a party to the arrangement from the time when a copy of the arrangement has been served on the party until the decision of the Land and Environment Court on the review.

(6) In reviewing a determination under this section, the Land and Environment Court has the functions of an arbitrator under this Part in addition to its other functions.

(6A) A review of a determination is to be by way of rehearing, and fresh material or material in addition to, or in substitution for, the material considered on the making of the determination by the arbitrator may be given on the review and taken into consideration by the Land and Environment Court.

(7) The decision of the Land and Environment Court on a review of a determination is final and is to be given effect to as if it were the determination of an arbitrator.

(8) The holder of the prospecting title must pay the reasonable costs of the landholder of the land concerned in a review of a determination under this section.

(9) The Land and Environment Court, in determining those reasonable costs, must consider whether or not the landholder has acted unreasonably in the negotiation, mediation, arbitration or review proceedings.

s 69R: Ins 1994 No 45, Sch 1 (am 1994 No 95, Sch 1). Am 2008 No 107, Sch 22 [3]; 2010 No 29, Sch 3 [10]; 2015 No 41, Sch 2 [19] [20].

69S Effect of access arrangement

69S Effect of access arrangement

An access arrangement determined by an arbitrator—

(a) takes effect—

(i) in the case of a draft access arrangement that is taken to be a final access arrangement—at the end of the period of 14 days after a copy of the draft access arrangement has been served on each of the parties, or

(ii) in the case of a final access arrangement prepared under section 69N—when a copy of the arrangement has been served on each of the parties,

or on such later date as may be specified in the arrangement, and

(b) subject to section 69D (3), has effect as if its terms were embodied in a deed that had been duly executed by each of the parties.

s 69S: Ins 1994 No 45, Sch 1.

69SA Register of arbitrated access arrangements

69SA Register of arbitrated access arrangements

(1) As soon as is practicable after an access arrangement is determined by an arbitrator, the holder of the prospecting title must provide the Secretary with a copy of the final access arrangement.

Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).

(2) The Secretary is to keep and maintain a register of all final access arrangements provided to him or her.

(3) The Secretary is not required to include in the register—

(a) personal information (within the meaning of the Privacy and Personal Information Protection Act 1998) about an individual, or

(b) any other information prescribed by the regulations, or

(c) any other information that the Secretary determines should be kept confidential.

(4) The register is to be made available for public inspection on the Department’s website.

s 69SA: Ins 2015 No 41, Sch 2 [21].

69T Variation of access arrangements

69T Variation of access arrangements

(1) An access arrangement may be varied—

(a) in accordance with the terms of the arrangement relating to its variation, or

(b) by the agreement of the parties to the arrangement, or

(c) by an arbitrator under this section (whether or not the access arrangement was determined by an arbitrator), or

(d) on application by any of the parties to the arrangement, by order of the Land and Environment Court if the arrangement was determined by a court or an arbitrator.

(2) A party to an access arrangement may, by written notice served on all the other parties to the arrangement, request the parties to agree to the appointment of an arbitrator.

(3) The parties to an access arrangement may agree to the appointment of any person as an arbitrator.

(4) Sections 69G–69N and 69O–69S apply, with all necessary changes, in relation to an arbitration under this section, subject to the following modifications—

(a) in the application of section 69G (1), the reference to a notice served in accordance with section 69F is taken to be a reference to a notice served in accordance with subsection (2),

(b) section 69G (2) does not apply and instead the following applies—

(2) Before an arbitrator is appointed under this section, the party requesting the appointment of an arbitrator must pay the application fee prescribed by the regulations for the purposes of this section.

(c) section 69KC does not apply and instead the following provision applies—

(d) any other modification prescribed by the regulations.

(5) In this section, vary includes terminate.

s 69T: Ins 1994 No 45, Sch 1. Subst 2010 No 29, Sch 3 [11]; 2015 No 41, Sch 2 [22].

69U Change in landholders etc

69U Change in landholders etc

(1) An access arrangement with 2 or more landholders does not terminate because one of those landholders ceases to be a landholder of the land concerned.

(2) An access arrangement does not terminate because a person becomes a landholder of all or any part of the land concerned after the arrangement was agreed or determined.

(3) An access arrangement does not run with the land, and accordingly a person does not (except as provided by this section) become a party to the access arrangement merely because the person becomes a landholder of any of the land after the access arrangement was agreed or determined.

(4) If, after an access arrangement has been agreed or determined, a person becomes a landholder of any of the land to which the arrangement applies in addition to another landholder who continues to be a party to the arrangement, the provisions of the arrangement (other than those relating to the payment of compensation) apply to the new landholder as if the new landholder were a party to the arrangement, but only if the holder of the prospecting title concerned has given the new landholder a copy of the access arrangement.

(5) If the new landholder objects to the arrangement within 28 days after being given a copy of the arrangement, the access arrangement ceases to apply to the new landholder when whichever of the following first happens—

(a) the new landholder agrees to an access arrangement with the holder of the prospecting title concerned in accordance with this Part,

(b) an arbitrator is appointed and determines an access arrangement in relation to the new landholder in accordance with this Part,

(c) at the end of the period of 60 days after the new landholder objects, an access arrangement has not been so agreed or determined.

However, if an arbitrator is appointed or an application for review of the determination of the arbitrator is made, the arbitrator or Land and Environment Court (as the case requires) may continue the existing access arrangement (with or without variation) until the determination of the arbitration or review.

(6) Nothing in this section prevents an access arrangement being agreed or determined in respect of a proposed new landholder.

s 69U: Ins 1994 No 45, Sch 1. Am 2000 No 90, Sch 4 [17] [19]. Subst 2010 No 29, Sch 3 [11].

69V Court may determine access arrangement if already considering significant improvements etc

69V Court may determine access arrangement if already considering significant improvements etc

(1) If—

(a) a party applied to the Land and Environment Court for a determination of a matter under section 72 (4), and

(b) no access arrangement relates to the land concerned,

either party to those Court proceedings may apply to the Court to have the Court determine an access arrangement under this Part in relation to the land.

(2) An application under this section must not be lodged within 28 days after the holder of the prospecting title has served notice under section 69E of an intention to obtain an access arrangement in respect of the land concerned.

(3) The Land and Environment Court may accept or reject the application.

(4) Subject to any order of the Land and Environment Court, an application under this section operates to stay any other access arrangement mediation or arbitration in relation to the land until the decision of the Land and Environment Court on the application.

(5) If the Land and Environment Court decides to accept the application—

(a) the Land and Environment Court is, subject to the regulations, to determine an access arrangement under this Part in relation to the land, and

(b) any other access arrangement mediation or arbitration in relation to the land is terminated.

s 69V: Ins 2015 No 41, Sch 2 [23].

69W Removal of Arbitration Panel arbitrator

69W Removal of Arbitration Panel arbitrator

(1) The Secretary may, subject to the regulations, remove an arbitrator who has been appointed under section 69G or 69HA (7) (b) if, after an investigation by the Secretary following a complaint, the Secretary is satisfied—

(a) that—

(i) circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality, or

(ii) the arbitrator is incapable of conducting the proceedings or there are justifiable doubts as to the arbitrator’s capacity to do so, or

(iii) the arbitrator has refused or failed properly to conduct the proceedings, and

(b) that substantial injustice has been caused or will be caused to one or more of the parties.

(2) If an arbitrator has been removed under subsection (1), the arbitrator’s mandate is taken to have been terminated and a substitute arbitrator is to be appointed—

(a) by the parties, or

(b) by the Secretary, but only if the parties have been unable to agree on the appointment of an arbitrator by the end of 7 days after the removal.

(3) The regulations may make provision for or with respect to the removal of arbitrators under this section, including, but not limited to—

(a) the making of complaints to the Secretary, and

(b) investigations by the Secretary of complaints.

s 69W: Ins 2015 No 41, Sch 2 [23].

Part 4B Access arrangements for production leases

Part 4B Access arrangements for production leases

Note—

Section 41 (3) provides that a holder of a production lease may conduct activities on the land comprised in the lease only in accordance with an access arrangement applying to that land.

pt 4B (s 69X): Ins 2015 No 41, Sch 2 [24].

69X Part 4A extends to access arrangements for production leases

69X Part 4A extends to access arrangements for production leases

(1) Part 4A (other than sections 69A–69C and 69D (4) and (5)) extends to access arrangements for the purpose of conducting petroleum mining operations under a production lease as if references in that Part to—

(a) a prospecting title were references to a production lease, and

(b) prospecting operations were references to petroleum mining operations.

(2) The extension of Part 4A by this section is subject to any necessary changes and any other modification prescribed by the regulations.

pt 4B (s 69X): Ins 2015 No 41, Sch 2 [24].

Part 5 Restrictions on titles

Part 5 Restrictions on titles

70 Exempted areas

70 Exempted areas

(1) The holder of a petroleum title may not, except with the consent of the Minister, exercise any of the rights conferred by the title on land in an exempted area.

(2) The Minister’s consent may be given unconditionally or subject to conditions.

(3) The Minister may not grant consent under this section in respect of lands within a state recreation area under the National Parks and Wildlife Act 1974 without the concurrence in writing of the Minister for the time being administering that Act.

(4) In this section—

exempted area means an area constituted by land—

(a) reserved, dedicated, appropriated, resumed or acquired for public purposes (except land reserved for a temporary common or a commonage), whether vested in the Crown or in any person as trustee for public purposes, or

(b) held under a lease for water supply by virtue of a special lease or otherwise, or

(c) transferred, granted or vested in trust by the Crown for the purpose of a race-course, cricket-ground, recreation reserve, park or permanent common or for any public purpose, or

(d) prescribed by the regulations for the purposes of this definition.

s 70: Am 1994 No 41, Sch 3. Subst 1998 No 5, Sch 1 [8].

71 Restrictions on rights of holders of leases over cultivated land

71 Restrictions on rights of holders of leases over cultivated land

(1) The holder of a production lease must not carry out any mining operations or erect any works on the surface of any land which is under cultivation except with the consent of the landholder.

(2) The Minister may, however, if the Minister considers that the circumstances warrant it, define an area of the surface of any parcel of cultivated land on which mining operations may be carried out or works may be erected, and may specify the nature of the operations to be carried out or the works to be erected.

(2A) Before any such operations are commenced or works are erected, an assessment is to be made as to the amount to be paid as compensation for any loss of or damage to any crop on the land concerned.

(2B) The assessment is to be made as agreed between the landholder and the holder of the production lease or, failing agreement, by the Land and Environment Court on the application of either or both of them.

(3) Cultivation for the growth and spread of pasture grasses is not to be taken to be cultivation within the meaning of this section unless, in the opinion of the Minister, the circumstances so warrant.

(4) In the case of dispute as to whether land is or is not under cultivation within the meaning of this section, the Minister’s decision on the matter is final.

s 71: Am 1994 No 45, Sch 1; 2000 No 90, Sch 4 [8]; 2008 No 107, Sch 22 [4] [5].

72 Restrictions on rights of holders of titles over other land

72 Restrictions on rights of holders of titles over other land

(1) The holder of a petroleum title must not carry on any prospecting or mining operations or erect any works on the surface of any land—

(a) on which, or within 200 metres of which, is situated a dwelling-house that is a principal place of residence of the person occupying it, or

(b) on which, or within 50 metres of which, is situated any garden, vineyard or orchard, or

(c) on which is situated any significant improvement, other than an improvement constructed or used for mining or prospecting operations,

except with the written consent of the owner of the dwelling-house, garden, vineyard, orchard or improvement (and, in the case of the dwelling-house, the written consent of its occupant).

(2) A consent under this section is irrevocable.

(3) (Repealed)

(4) If a dispute arises as to whether or not this section applies in a particular case, any party to the dispute may apply to the Land and Environment Court for a determination of the matter.

(5) The holder of the petroleum title is to pay the costs of the owner of the dwelling-house, garden, vineyard or orchard or improvement (or occupant of the dwelling-house) in those proceedings in the Land and Environment Court.

(6) In this section, significant improvement on land, in relation to a petroleum title or an access arrangement, means a work or structure that—

(a) is a substantial and valuable improvement to the land, and

(b) is reasonably necessary for the operation of the landholder’s lawful business or use of the land, and

(c) is fit for its purpose (immediately or with minimal repair), and

(d) cannot reasonably co-exist with the exercise of rights under the petroleum title or the access arrangement without hindrance to the full and unencumbered operation or functionality of the work or structure, and

(e) cannot reasonably be relocated or substituted without material detriment to the landholder,

and includes any work or structure prescribed by the regulations for the purposes of this definition, but does not include any work or structure excluded from this definition by the regulations.

(7) This section does not apply to the holder of a petroleum title who carries out a seismic survey on a road within the meaning of the Road Transport Act 2013, but only if the holder has given written notice of at least 21 days (or such other period as is prescribed by the regulations) of the carrying out of the seismic survey to the owner of the dwelling-house, garden, vineyard, orchard or improvement concerned (and, in the case of a dwelling-house, the occupant).

s 72: Subst 2000 No 90, Sch 2.2 [14]. Am 2008 No 107, Sch 22 [6]; 2015 No 41, Sch 2 [25]–[27].

73 Disputes between holders of petroleum titles and other persons carrying on operations on the land

73 Disputes between holders of petroleum titles and other persons carrying on operations on the land

(1) This section applies where, in respect of any part of any land comprised in a petroleum title, any person is authorised to prospect or mine by virtue of—

(a) any claim registered, or authority granted, under the Mining Act 1992, or

(b) (Repealed)

(c) the person’s ownership of any minerals, or

(d) an agreement with the owner of any minerals, or

(e) the provisions of the State Coal Mines Act 1912,

and a difference arises between the holder of the petroleum title and the person so authorised about the operations carried out or proposed to be carried out by either party.

(2) In the circumstances referred to in subsection (1), any party to the dispute may apply to the Land and Environment Court for a determination of the matter.

(3), (4) (Repealed)

s 73: Am 1992 No 29, Sch 5; 2008 No 107, Sch 22 [7].

Part 6 Protection of the environment

Part 6 Protection of the environment

74 Interpretation

74 Interpretation

(1) In this Division—

responsible person means—

(a) in relation to a petroleum title that is in force—the holder of the title, or

(b) in relation to a petroleum title that has ceased to be in force—the person who was the holder of the title immediately before it ceased to be in force.

(2) In this Division, a reference to giving a direction or notice to a responsible person includes, where the responsible person is a corporation that is subject to a scheme of arrangement, receivership, winding up or other external administration, a reference to giving a direction or notice to the administrator, receiver or liquidator of the corporation.

s 74: Subst 2015 No 40, Sch 2 [33].

75 Directions

75 Directions

(1) The Secretary or an inspector may, by written notice, direct a responsible person in relation to a petroleum title to do any one or more of the following—

(a) to give effect to a condition of the petroleum title (except a condition requiring payment of royalty or provision or maintenance of a security deposit),

(b) to address any adverse impact that activities carried out under, or purportedly carried out under, the petroleum title have had on any aspect of the environment,

(c) to address a risk of there being such an impact,

(d) to conserve the environment, protect it from harm as a result of activities under the title or to prevent, control or mitigate any such harm,

(e) to rehabilitate land or water that is or may be affected by activities under the title.

(2) A direction may require a responsible person to carry out or stop carrying out particular activities, carry out activities in a particular manner or achieve specified outcomes within such period (if any) as is specified in the direction or any condition specified in the direction.

(3) A direction served on a person under this section may require the person to prepare, and submit to the Secretary or inspector, reports as to any of the following—

(a) the measures the person proposes to take for the purpose of complying with the direction,

(b) the progress made by the person in implementing any such measures.

s 75: Subst 2015 No 40, Sch 2 [33].

76 Prohibition notices

76 Prohibition notices

(1) If the Secretary or an inspector reasonably suspects that a person who is not the holder of a petroleum title is carrying out, or is about to carry out, any activity in contravention of a provision of this Act requiring a petroleum title to be held when carrying out the activity, the Secretary or inspector may direct the person to discontinue that activity on the land specified in the notice.

(2) The direction may be given orally, but must be confirmed by written notice (a prohibition notice) issued to the person as soon as practicable.

(3) A prohibition notice must state—

(a) the reasons for the issue of the prohibition notice, and

(b) the activity concerned, and

(c) the provision of this Act that the Secretary or inspector believes is being, or is likely to be, contravened by that activity.

s 76: Am 1998 No 5, Sch 1 [9]–[12]; 2005 No 43, Sch 7.13 [11]; 2014 No 88, Sch 2.50 [4]. Subst 2015 No 40, Sch 2 [33].

77 Direction to suspend operations

77 Direction to suspend operations

(1) The Secretary may, by written notice (a suspension notice), direct a responsible person to suspend (for such period as is specified in the direction or until further notice) all, or any specified, operations under a petroleum title or an activity approval relating to the operations if the Secretary considers that—

(a) circumstances exist that could constitute a ground for cancellation of the petroleum title under section 22 (1) (b)–(g), or

(b) circumstances exist that could constitute a ground for cancellation of the petroleum title under section 22 (1) (h), in relation to a contravention of a direction under section 75 only, or

(c) on any other ground specified in the regulations.

(2) Before giving a suspension notice, the Secretary is to—

(a) cause written notice of the proposed suspension notice and the grounds for it to be served on the holder of the relevant petroleum title, and

(b) give the holder of the relevant petroleum title a reasonable opportunity to make representations with respect to the proposed suspension notice, and

(c) take any such representations into consideration.

(3) The suspension notice takes effect on the date on which it is given to the holder of the relevant petroleum title or on a later date specified in the notice.

(4) The suspension of a petroleum title does not affect any liability incurred by the holder of the relevant petroleum title before the suspension took effect.

(5) The holder of the relevant petroleum title is not entitled to compensation merely because of the suspension of operations under the petroleum title or an activity approval in accordance with a suspension notice.

(6) If a suspension notice under this section is issued to a person who is not the current holder of the relevant petroleum title, the Secretary must cause a copy of the notice to be served on any current holder within 5 days after the notice is issued.

(7) A direction served on a person under this section may require the person to prepare, and submit to the Secretary or inspector, reports as to any of the following—

(a) the measures the person proposes to take for the purpose of complying with the direction,

(b) the progress made by the person in implementing any such measures.

s 77: Am 2000 No 90, Sch 1.2 [2]; 2012 No 84, Sch 2.3 [3]. Subst 2015 No 40, Sch 2 [33].

78 Revocation or variation

78 Revocation or variation

(1) A direction under this Division may be revoked or varied by a subsequent direction issued in accordance with this Division.

(2) A direction may be varied by modification of, or addition to, its terms and specifications or any condition specified in the direction.

(3) Without limiting the above, a direction or notice may be varied by extending the time for complying with the direction or the period of suspension.

s 78: Subst 2015 No 40, Sch 2 [33].

78A Breach of direction or notice

78A Breach of direction or notice

A person must comply with a direction or notice issued to the person under this Division, unless the person has a reasonable excuse for not doing so.

Maximum penalty—

(a) in the case of a corporation—10,000 penalty units, and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day that the offence continues, or

(b) in the case of a natural person—2,000 penalty units, and, in the case of a continuing offence, a further penalty of 200 penalty units for each day that the offence continues.

s 78A: Ins 2015 No 40, Sch 2 [33].

78B Effect of direction

78B Effect of direction

The issuing of a direction under this Division does not affect—

(a) the liability of any person to any penalty for an offence in relation to a petroleum title, or

(b) the amount of security deposit that is or may be required under a petroleum title, or

(c) the operation of any other provision of this Act or the regulations that requires or enables other action to be taken in relation to any contravention or other circumstances to which the direction relates.

Note—

For example, the issuing of a direction does not affect the power to cancel a petroleum title under Division 1 of Part 3.

s 78B: Ins 2015 No 40, Sch 2 [33]. Am 2016 No 27, Sch 2.32 [3].

78C Fee

78C Fee

(1) The purpose of this section is to enable the recovery of the administrative costs of preparing and issuing a direction under this Division (not including a direction that varies an earlier direction under this Division).

(2) A person to whom a direction is issued must, within 30 days, pay the fee prescribed by the regulations to the Secretary.

(3) A fee payable under this section is a debt due by the holder of the petroleum title concerned to the Crown and is recoverable in a court of competent jurisdiction.

ss 78C–78F: Ins 2015 No 40, Sch 2 [33].

78D Rehabilitation by Minister at holder’s expense

78D Rehabilitation by Minister at holder’s expense

(1) If a person on whom a direction is served under this Division does not comply with the direction, the Minister may take any action necessary to give effect to the direction.

(2) Any costs or expenses incurred by the Crown under this section are a debt due to the Crown by the person on whom the direction was served and are recoverable in a court of competent jurisdiction.

(3) An authorised person may enter any land and do anything that in the person’s opinion is necessary for or in connection with the taking of that action (including gaining access from that land to other land).

(4) However, an authorised person must not enter land unless the person—

(a) has given the occupier of the land reasonable notice of the person’s intention to do so, and

(b) enters the land at a reasonable time (except in the case of an emergency), and

(c) uses no more force than is reasonably necessary to effect entry, and

(d) before entering any premises on the land that are used only for residential purposes—has obtained the permission of the occupier of those premises.

(5) A person who suffers damage caused by the taking of any action under this section is entitled to be paid reasonable compensation by the person who failed to comply with the direction (as referred to in subsection (1)).

(6) Parts 11 and 12 apply (with such modifications as may be prescribed by the regulations) to that compensation as if it were compensation payable under Part 11.

(7) In this section—

authorised person means—

(a) a person engaged in connection with the taking of steps under subsection (1), or

(b) the Secretary, or

(c) a person authorised in writing by the Secretary for the purposes of this section, or

(d) an inspector.

ss 78C–78F: Ins 2015 No 40, Sch 2 [33].