sec.1277Special provision for particular petroleum tenure holders

### sec.1277 Special provision for particular petroleum tenure holders The holder of a relevant petroleum tenure may request the chief executive to grant an authority under this Act to take or interfere with underground water in the area of the tenure— if the relevant petroleum tenure is a 1923 Act tenure—for use in the carrying out of an activity the holder is authorised to carry out under the Petroleum Act 1923 ; or if the relevant petroleum tenure is a 2004 Act tenure—for use in the carrying out of another authorised activity mentioned in the Petroleum and Gas Act, section 186 (2) . The holder of a relevant petroleum tenure may make the request at any time before the end of— if the area of the tenure is in the area declared by gazette notice under this Act on 18 March 2011 to be a cumulative management area and referred to as the Surat Cumulative Management Area—the day 5 years after the commencement; or if the area of the tenure is not in the area mentioned in paragraph (a)—the day 2 years after the commencement. The request must include sufficient information to support the request. In considering a request made by the holder of a 1923 Act tenure, the chief executive must consider the following matters— the historical take of underground water by the holder of the tenure, including under a permission granted under the Petroleum Act 1923 , section 86; any take of underground water necessary to carry out the holder’s work program for an authority to prospect or its development plan for a petroleum lease; whether it is appropriate, having regard to the request, to consider the grant of 1 or more water licences or water permits or a combination of 1 or more water licences and 1 or more water permits; if 1 or more water licences are considered to be appropriate, the matters mentioned in section 113(a), (b) and (e); if 1 or more water permits are considered to be appropriate, the matters mentioned in section 138(b) to (e). In considering a request made by the holder of a 2004 Act tenure, the chief executive must consider the following matters— the historical take of underground water by the holder of the petroleum tenure, other than the take of associated water under the Petroleum and Gas Act, section 185; any take of water reported to the chief executive as required under the Petroleum and Gas Act, section 186; any take of underground water necessary to carry out the holder’s work program for an authority to prospect or its development plan for a petroleum lease; whether it is appropriate, having regard to the request, to consider the grant of 1 or more water licences or water permits or a combination of 1 or more water licences and 1 or more water permits; if 1 or more water licences are considered to be appropriate, the matters mentioned in section 113(a), (b) and (e); if 1 or more water permits are considered to be appropriate, the matters mentioned in section 138(b) to (e). To the extent the holder of a relevant petroleum tenure demonstrates the need for an authority, the chief executive must grant 1 or more water licences or water permits or a combination of 1 or more water licences and 1 or more water permits, with or without conditions. Subject to subsections (4)(d) and (e) and (5)(e) and (f), chapter 2, part 3 does not apply to the grant of a water licence or water permit under this section. Within 30 days after deciding the request, the chief executive must give the holder of a relevant petroleum tenure an information notice about the decision. In this section— 1923 Act tenure means an authority to prospect or petroleum lease under the Petroleum Act 1923 . 2004 Act tenure means a petroleum tenure under the Petroleum and Gas Act— that is in force on the commencement; or if the petroleum tenure was not in force on the commencement—for which an application was made before the commencement but which had not been granted on the commencement. historical take , of underground water, includes, for example, the volume of water taken, the location of take and works relating to the take. holder , of a relevant petroleum tenure, means— the holder of a 1923 Act tenure; or the holder of a 2004 Act tenure. relevant petroleum tenure means a 1923 Act tenure or a 2004 Act tenure. s 1277 ins 2014 No. 64 s 201 (sec.1277-ssec.1) The holder of a relevant petroleum tenure may request the chief executive to grant an authority under this Act to take or interfere with underground water in the area of the tenure— if the relevant petroleum tenure is a 1923 Act tenure—for use in the carrying out of an activity the holder is authorised to carry out under the Petroleum Act 1923 ; or if the relevant petroleum tenure is a 2004 Act tenure—for use in the carrying out of another authorised activity mentioned in the Petroleum and Gas Act, section 186 (2) . (sec.1277-ssec.2) The holder of a relevant petroleum tenure may make the request at any time before the end of— if the area of the tenure is in the area declared by gazette notice under this Act on 18 March 2011 to be a cumulative management area and referred to as the Surat Cumulative Management Area—the day 5 years after the commencement; or if the area of the tenure is not in the area mentioned in paragraph (a)—the day 2 years after the commencement. (sec.1277-ssec.3) The request must include sufficient information to support the request. (sec.1277-ssec.4) In considering a request made by the holder of a 1923 Act tenure, the chief executive must consider the following matters— the historical take of underground water by the holder of the tenure, including under a permission granted under the Petroleum Act 1923 , section 86; any take of underground water necessary to carry out the holder’s work program for an authority to prospect or its development plan for a petroleum lease; whether it is appropriate, having regard to the request, to consider the grant of 1 or more water licences or water permits or a combination of 1 or more water licences and 1 or more water permits; if 1 or more water licences are considered to be appropriate, the matters mentioned in section 113(a), (b) and (e); if 1 or more water permits are considered to be appropriate, the matters mentioned in section 138(b) to (e). (sec.1277-ssec.5) In considering a request made by the holder of a 2004 Act tenure, the chief executive must consider the following matters— the historical take of underground water by the holder of the petroleum tenure, other than the take of associated water under the Petroleum and Gas Act, section 185; any take of water reported to the chief executive as required under the Petroleum and Gas Act, section 186; any take of underground water necessary to carry out the holder’s work program for an authority to prospect or its development plan for a petroleum lease; whether it is appropriate, having regard to the request, to consider the grant of 1 or more water licences or water permits or a combination of 1 or more water licences and 1 or more water permits; if 1 or more water licences are considered to be appropriate, the matters mentioned in section 113(a), (b) and (e); if 1 or more water permits are considered to be appropriate, the matters mentioned in section 138(b) to (e). (sec.1277-ssec.6) To the extent the holder of a relevant petroleum tenure demonstrates the need for an authority, the chief executive must grant 1 or more water licences or water permits or a combination of 1 or more water licences and 1 or more water permits, with or without conditions. (sec.1277-ssec.7) Subject to subsections (4)(d) and (e) and (5)(e) and (f), chapter 2, part 3 does not apply to the grant of a water licence or water permit under this section. (sec.1277-ssec.8) Within 30 days after deciding the request, the chief executive must give the holder of a relevant petroleum tenure an information notice about the decision. (sec.1277-ssec.9) In this section— 1923 Act tenure means an authority to prospect or petroleum lease under the Petroleum Act 1923 . 2004 Act tenure means a petroleum tenure under the Petroleum and Gas Act— that is in force on the commencement; or if the petroleum tenure was not in force on the commencement—for which an application was made before the commencement but which had not been granted on the commencement. historical take , of underground water, includes, for example, the volume of water taken, the location of take and works relating to the take. holder , of a relevant petroleum tenure, means— the holder of a 1923 Act tenure; or the holder of a 2004 Act tenure. relevant petroleum tenure means a 1923 Act tenure or a 2004 Act tenure. - (a) if the relevant petroleum tenure is a 1923 Act tenure—for use in the carrying out of an activity the holder is authorised to carry out under the Petroleum Act 1923 ; or - (b) if the relevant petroleum tenure is a 2004 Act tenure—for use in the carrying out of another authorised activity mentioned in the Petroleum and Gas Act, section 186 (2) . - (a) if the area of the tenure is in the area declared by gazette notice under this Act on 18 March 2011 to be a cumulative management area and referred to as the Surat Cumulative Management Area—the day 5 years after the commencement; or - (b) if the area of the tenure is not in the area mentioned in paragraph (a)—the day 2 years after the commencement. - (a) the historical take of underground water by the holder of the tenure, including under a permission granted under the Petroleum Act 1923 , section 86; - (b) any take of underground water necessary to carry out the holder’s work program for an authority to prospect or its development plan for a petroleum lease; - (c) whether it is appropriate, having regard to the request, to consider the grant of 1 or more water licences or water permits or a combination of 1 or more water licences and 1 or more water permits; - (d) if 1 or more water licences are considered to be appropriate, the matters mentioned in section 113(a), (b) and (e); - (e) if 1 or more water permits are considered to be appropriate, the matters mentioned in section 138(b) to (e). - (a) the historical take of underground water by the holder of the petroleum tenure, other than the take of associated water under the Petroleum and Gas Act, section 185; - (b) any take of water reported to the chief executive as required under the Petroleum and Gas Act, section 186; - (c) any take of underground water necessary to carry out the holder’s work program for an authority to prospect or its development plan for a petroleum lease; - (d) whether it is appropriate, having regard to the request, to consider the grant of 1 or more water licences or water permits or a combination of 1 or more water licences and 1 or more water permits; - (e) if 1 or more water licences are considered to be appropriate, the matters mentioned in section 113(a), (b) and (e); - (f) if 1 or more water permits are considered to be appropriate, the matters mentioned in section 138(b) to (e). - (a) that is in force on the commencement; or - (b) if the petroleum tenure was not in force on the commencement—for which an application was made before the commencement but which had not been granted on the commencement. - (a) the holder of a 1923 Act tenure; or - (b) the holder of a 2004 Act tenure.