Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—GEOTHERMAL ENERGY RESOURCES ACT 2005 3 3 New section 63B inserted 3 63B Further statutory condition of authority—hydraulic fracturing 3 4 New section 63C inserted 4 63C Further statutory condition of authority—agreements under Traditional Owner Settlement Act 2010 4 PART 3—GREENHOUSE GAS GEOLOGICAL SEQUESTRATION ACT 2008 5 5 Special access authorisations 5 6 New section 158A inserted 5 158A Further statutory condition of authority—hydraulic fracturing 5 7 New section 158B inserted 6 158B Further statutory condition of authority—agreements under Traditional Owner Settlement Act 2010 6 8 Repeal of reference to special access well plans 6 9 Special drilling authorisation surrendered if primary authorisation surrendered 7 10 New section 187A inserted 7 187A Authorities not personal property 7 11 Injection and monitoring operations also override planning schemes 7 12 Repeal of further references to special access well plans 8 -- 1 of 73 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 4—MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 9 13 Definitions 9 14 Deep Lead Nature Conservation Reserve (No. 2) 9 15 Minister may exempt land from being subject to a licence 9 16 New section 8AA substituted 10 8AA Offence to search for stone without consent 10 17 Royalties 10 18 Prospecting licences 11 19 Retention licences 11 20 Application for a licence 11 21 New section 16B inserted 12 16B Application for mining licence where retention licence covers same land 12 22 Notice of applications with the highest ranking 12 23 Grant or refusal of licence under Division 2 of Part 2 13 24 Licence condition regarding documents provided to Minister 13 25 Prohibition on using BTEX chemicals in hydraulic fracturing 13 26 Licence condition regarding agreements under Traditional Owner Settlement Act 2010 14 27 Definition of exempted land for Division 3 of Part 2 14 28 Licence procedure under Subdivision 2 of Division 3 of Part 2 14 29 Licence procedure under Subdivision 3 of Division 3 of Part 2 15 30 New Division 3A inserted in Part 2 15 Division 3A—Survey of land proposed to be covered by mining licence, prospecting licence or retention licence 15 26AR Applicant to survey boundary of land 15 26AS Authority to enter land 17 26AT Offence not to show authority 18 26AU Security 18 26AV Insurance 19 31 Statement of economic significance if agricultural land covered by licence 19 32 Tendering process 20 33 Application of provisions to tenders 20 34 Minister may not accept any tenders 20 35 Renewals of licences 20 36 Period of renewal 21 37 Transfer of licence 21 38 Cancellation of licence 22 39 Decrease in area under exploration licence 22 40 Repeals consequential on new Division 3A of Part 2 23 41 Work plan 23 42 Licensee to submit area work plan schedule 23 43 Functions of Department Head regarding mining register 24 -- 2 of 73 -- Section Page iii Authorised by the Chief Parliamentary Counsel 44 New Division 1 of Part 6A substituted 24 Division 1—Searching for stone 24 77A Consent to search for stone on certain land 24 77B Depth restriction on searching for stone on land adjacent to waterways or water infrastructure 25 77C Notice of proposed searching for stone on land on which there are roads etc. 26 45 Work plan for extractive industries 26 46 Transfer of an extractive industry work authority 26 47 New section 77OA inserted 27 77OA Surrender of an extractive industry work authority 27 48 Land subject to a licence under Part 2 27 49 Rehabilitation plan 28 50 Rehabilitation bond 28 51 Return of bond if rehabilitation satisfactory 28 52 Limit on total amount of compensation 28 53 Compensation—search authorities 28 54 Power to enter 29 55 New Division 1 inserted in Part 12 29 Division 1—Definitions 29 105A Definitions 29 56 New Division 3 inserted in Part 12 30 Division 3—Enforceable undertakings 30 107 Enforceable undertakings 30 108 Offence to contravene an undertaking 31 57 Further amendment of Part 12 32 58 Surveys and drilling operations 32 59 Occupiers liability 32 60 Secrecy 33 61 Regulations 33 62 Repeal of spent provisions 33 63 Low impact exploration 34 64 Amendments consequential on Water Act 2014 34 65 New section 140 inserted 34 140 Savings and transitional provisions—Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 34 -- 3 of 73 -- Section Page iv Authorised by the Chief Parliamentary Counsel PART 5—OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 36 66 Rights conferred by greenhouse gas assessment permit 36 67 New Part 6.10 inserted 37 PART 6.10—USING AND SHARING OFFSHORE INFORMATION AND THINGS 37 Division 1—Introduction 37 718B Simplified outline 37 718C Definitions 38 718D Scope of Part 38 Division 2—Minister's use of offshore information and things 39 718E Purposes for which Minister may use offshore information or things 39 Division 3—NOPSEMA's use of offshore information and things 40 718F Purposes for which NOPSEMA may use offshore information or things 40 Division 4—Sharing offshore information or things 40 718G Sharing offshore information or things for the purposes of this Act 40 718H Minister may share offshore information or things with other entities 41 718I Personal information 42 68 New clause 48 inserted in Schedule 5 43 48 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 43 PART 6—PETROLEUM ACT 1998 45 69 New section 101A inserted 45 101A Further statutory condition of authority—hydraulic fracturing 45 70 New section 101B inserted 46 101B Further statutory condition of authority—agreements under Traditional Owner Settlement Act 2010 46 71 Special drilling authorisation surrendered if primary authorisation surrendered 46 -- 4 of 73 -- Section Page v Authorised by the Chief Parliamentary Counsel PART 7—PIPELINES ACT 2005 47 72 Definitions 47 73 When must a consultation plan be prepared? 49 74 Application where agreement for entry to land cannot be reached 49 75 Effect of consent 49 76 Notice of pipeline corridor 49 77 What must application contain? 49 78 Minister may ask for further information 49 79 Notice of application 50 80 Further references to proponent in licensing provisions 50 81 Request for decision on application 50 82 New section 38 substituted 50 38 Determination whether to refer submissions to panel 50 83 Panel to consider submissions 51 84 When must an application be determined? 51 85 Decision on application 51 86 What does the licence authorise? 52 87 Licence to remain in force indefinitely 52 88 Alteration of authorised route 52 89 Application to alter authorised route—significant alterations 52 90 New sections 68A to 68K inserted 53 68A Requirements for consultation plan for proposed significant alteration 53 68B Approval of consultation plan for proposed significant alteration 54 68C Compliance with approved consultation plan for proposed significant alteration 55 68D Notice of intention to enter land for survey 55 68E Licensee must seek agreement or consent to entry for survey 56 68F Consent to entry onto Crown land 56 68G Application where agreement for entry to land cannot be reached 57 68H Notice to owners and occupiers of application 58 68I Advice to Minister from owners and occupiers of land 58 68J Minister may consent to entry onto land 58 68K Effect of consent 60 91 New section 73 substituted 61 73 Application to consolidate licences 61 92 New section 77 substituted 61 77 Decision on application 61 93 When does the ongoing licence take effect? 62 94 Purchase or acquisition of easements 62 95 Decision of Minister on acquisition of easements 62 -- 5 of 73 -- Section Page vi Authorised by the Chief Parliamentary Counsel 96 Construction to be along authorised route 63 97 Restriction on building on land near pipeline 63 98 New Division 4 inserted in Part 11 64 Division 4—Infringements 64 183A Infringements 64 99 Pipelines Register 64 100 New section 186B inserted 65 186B Effect of registration 65 101 Panel hearings 65 PART 8—REPEAL OF AMENDING ACT 66 102 Repeal of amending Act 66 ═══════════════ ENDNOTES 67 -- 6 of 73 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 † No. 68 of 2014 [Assented to 23 September 2014] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The purposes of this Act are— (a) to amend the Geothermal Energy Resources Act 2005, the Greenhouse Gas Geological Sequestration Act 2008, the Mineral Resources (Sustainable Development) Act 1990 and the Petroleum Victoria -- 7 of 73 -- Part 1—Preliminary Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 2 Authorised by the Chief Parliamentary Counsel Act 1998 to prohibit the use of BTEX chemicals in hydraulic fracturing; and (b) to make other amendments to those Acts; and (c) to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2010 and the Pipelines Act 2005. 2 Commencement (1) Subject to subsection (3), this Act (except section 64) comes into operation on a day or days to be proclaimed. (2) Section 64 comes into operation on the later of— (a) the day on which section 44 comes into operation; and (b) the day on which section 879 of the Water Act 2014 comes into operation. (3) If a provision of this Act (except section 3, 6, 13, 25, 63, 64 or 69) does not come into operation before 1 September 2015, it comes into operation on that day. __________________ s. 2 -- 8 of 73 -- Part 2—Geothermal Energy Resources Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 3 Authorised by the Chief Parliamentary Counsel PART 2—GEOTHERMAL ENERGY RESOURCES ACT 2005 3 New section 63B inserted After section 63A of the Geothermal Energy Resources Act 2005 insert— "63B Further statutory condition of authority— hydraulic fracturing (1) In addition to any other conditions, an authority is subject to the condition that the use of restricted hydraulic fracturing substances is prohibited in carrying out any hydraulic fracturing permitted by the authority. (2) Despite anything to the contrary in this Act, this condition cannot be varied. (3) In this section— hydraulic fracturing means the injection of a substance or substances into a bore under pressure for the purposes of stimulating a geological formation; restricted hydraulic fracturing substances means fluids or gases used for the purpose of hydraulic fracturing that contain petroleum hydrocarbons containing benzene, ethylbenzene, toluene or xylene in more than the maximum amount prescribed by the regulations.". See: Act No. 7/2005. Reprint No. 2 as at 1 December 2012 and amending Act No. 70/2013. LawToday: www. legislation. vic.gov.au s. 3 -- 9 of 73 -- Part 2—Geothermal Energy Resources Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 4 Authorised by the Chief Parliamentary Counsel 4 New section 63C inserted Before section 64 of the Geothermal Energy Resources Act 2005 insert— "63C Further statutory condition of authority— agreements under Traditional Owner Settlement Act 2010 In addition to any other conditions, an authority is subject to the condition that the holder of the authority comply with any conditions specified in a land use activity agreement under section 31(3) of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the authority.". __________________ s. 4 -- 10 of 73 -- Part 3—Greenhouse Gas Geological Sequestration Act 2008 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 5 Authorised by the Chief Parliamentary Counsel PART 3—GREENHOUSE GAS GEOLOGICAL SEQUESTRATION ACT 2008 5 Special access authorisations (1) Section 124(1)(d) of the Greenhouse Gas Geological Sequestration Act 2008 is repealed. (2) For section 124(3) of the Greenhouse Gas Geological Sequestration Act 2008 substitute— "(3) It is not necessary for the holder of a special access authority to be the holder of an exploration permit, a retention lease or an injection and monitoring licence.". (3) In section 125(1) of the Greenhouse Gas Geological Sequestration Act 2008, for "The holder of an exploration permit, retention lease or an injection and monitoring licence" substitute "A person". (4) Sections 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144 and 145 of the Greenhouse Gas Geological Sequestration Act 2008 are repealed. 6 New section 158A inserted After section 158 of the Greenhouse Gas Geological Sequestration Act 2008 insert— "158A Further statutory condition of authority— hydraulic fracturing (1) In addition to any other conditions, an authority is subject to the condition that the use of restricted hydraulic fracturing substances is prohibited in carrying out any hydraulic fracturing permitted by the authority. (2) Despite anything to the contrary in this Act, this condition cannot be varied. See: Act No. 61/2008. Reprint No. 1 as at 1 December 2012 and amending Act No. 70/2013. LawToday: www. legislation. vic.gov.au s. 5 -- 11 of 73 -- Part 3—Greenhouse Gas Geological Sequestration Act 2008 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 6 Authorised by the Chief Parliamentary Counsel (3) In this section— hydraulic fracturing means the injection of a substance or substances into a bore under pressure for the purposes of stimulating a geological formation; restricted hydraulic fracturing substances means fluids or gases used for the purpose of hydraulic fracturing that contain petroleum hydrocarbons containing benzene, ethylbenzene, toluene or xylene in more than the maximum amount prescribed by the regulations.". 7 New section 158B inserted Before section 159 of the Greenhouse Gas Geological Sequestration Act 2008 insert— "158B Further statutory condition of authority— agreements under Traditional Owner Settlement Act 2010 In addition to any other conditions, an authority is subject to the condition that the holder of the authority comply with any conditions specified in a land use activity agreement under section 31(3) of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the authority.". 8 Repeal of reference to special access well plans In sections 159(1), 160(1) and 161(1) of the Greenhouse Gas Geological Sequestration Act 2008, for ", an injection and monitoring plan or a special access well plan" substitute "or an injection and monitoring plan". s. 7 -- 12 of 73 -- Part 3—Greenhouse Gas Geological Sequestration Act 2008 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 7 Authorised by the Chief Parliamentary Counsel 9 Special drilling authorisation surrendered if primary authorisation surrendered (1) In the heading to section 175A of the Greenhouse Gas Geological Sequestration Act 2008, after "authorisation" (where twice occurring) insert "surrendered,". (2) After section 175A(2) of the Greenhouse Gas Geological Sequestration Act 2008 insert— "(3) If a primary authorisation that is the basis for a special drilling authorisation granted under Part 8A is surrendered under this Act or the Offshore Petroleum and Greenhouse Gas Storage Act 2010, the special drilling authorisation that relates to that primary authorisation is taken to be surrendered on the same day the primary authorisation is surrendered.". 10 New section 187A inserted After section 187 of the Greenhouse Gas Geological Sequestration Act 2008 insert— "187A Authorities not personal property For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, an authority is declared not to be personal property.". 11 Injection and monitoring operations also override planning schemes (1) In section 190(1) of the Greenhouse Gas Geological Sequestration Act 2008, for "Despite anything to the contrary in any planning scheme applying to a licence area, the holder" substitute "The holder". s. 9 -- 13 of 73 -- Part 3—Greenhouse Gas Geological Sequestration Act 2008 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 8 Authorised by the Chief Parliamentary Counsel (2) After section 190(1) of the Greenhouse Gas Geological Sequestration Act 2008 insert— "(1A) In addition, if the holder of an injection and monitoring licence or a greenhouse gas injection licence holds a special drilling authorisation, the holder may be granted a permit under a planning scheme to carry out in the drilling authorisation area for that authorisation any greenhouse gas substance injection and monitoring authorised by that authorisation. (1B) Subsections (1) and (1A) apply despite anything to the contrary in a planning scheme that applies to a licence area or drilling authorisation area mentioned in those subsections.". (3) In section 190(2) of the Greenhouse Gas Geological Sequestration Act 2008, for "This section applies" substitute "Subsections (1) and (1A) apply". 12 Repeal of further references to special access well plans (1) In section 212(4) of the Greenhouse Gas Geological Sequestration Act 2008— (a) in paragraph (b), for "plans;" substitute "plans."; (b) paragraph (c) is repealed. (2) In section 303(1)(h) of the Greenhouse Gas Geological Sequestration Act 2008 omit ", special access well plans,". __________________ s. 12 -- 14 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 9 Authorised by the Chief Parliamentary Counsel PART 4—MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 13 Definitions Insert the following definitions in section 4(1) of the Mineral Resources (Sustainable Development) Act 1990— "hydraulic fracturing means the injection of a substance or substances into a bore under pressure for the purposes of stimulating a geological formation; restricted hydraulic fracturing substances means fluids or gases used for the purpose of hydraulic fracturing that contain petroleum hydrocarbons containing benzene, ethylbenzene, toluene or xylene in more than the maximum amount prescribed by the regulations;". 14 Deep Lead Nature Conservation Reserve (No. 2) In section 6A(4) of the Mineral Resources (Sustainable Development) Act 1990, for "tourism" substitute "tourist". 15 Minister may exempt land from being subject to a licence In section 7(2) of the Mineral Resources (Sustainable Development) Act 1990— (a) in paragraph (b), after "1970" insert "as in force before its repeal"; (b) after paragraph (b) insert— "(ba) if, in the Minister's opinion, the exemption is required for the implementation of a recommendation of the Victorian Environmental Assessment Council under the Victorian Environmental Assessment See: Act No. 92/1990. Reprint No. 9 as at 1 December 2012 and amending Act Nos 84/2012, 70/2013, 10/2014, 17/2014 and 44/2014. LawToday: www. legislation. vic.gov.au s. 13 -- 15 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 10 Authorised by the Chief Parliamentary Counsel Council Act 2001 to the extent that it has been accepted by the Government;". 16 New section 8AA substituted For section 8AA of the Mineral Resources (Sustainable Development) Act 1990 substitute— "8AA Offence to search for stone without consent A person must not search for stone or carry out any survey or other operation for the purpose of searching for stone— (a) on Crown land without consent under section 77A(1) and any consent required under section 77A(2); or (b) on any private land without— (i) the consent of the owner of the land and any consent required under section 77A(2), if the body whose consent is required under that section is not the owner; or (ii) the authority of the Minister under section 112 and any consent required under section 77A(2). Penalty: 50 penalty units.". 17 Royalties In sections 12(2) and 12A(4) of the Mineral Resources (Sustainable Development) Act 1990, after "14(2)(b)" insert "or 14B(2A) (as the case requires)". s. 16 -- 16 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 11 Authorised by the Chief Parliamentary Counsel 18 Prospecting licences After section 14B(4) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(5) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a prospecting licence is declared not to be personal property.". 19 Retention licences (1) For section 14C(3)(b) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(b) may be renewed in accordance with the provisions of this Part; and". (2) After section 14C(4) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(5) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a retention licence is declared not to be personal property.". 20 Application for a licence (1) After section 15(1BG) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(1BH) Unless otherwise provided by the regulations, an application for a mining licence, prospecting licence or retention licence must include a survey of the boundaries of the land proposed to be covered by the licence in accordance with Division 3A.". s. 18 -- 17 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 12 Authorised by the Chief Parliamentary Counsel (2) For section 15(9) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(9) In consenting to the granting of a mining licence, prospecting licence or retention licence over land that is covered by an exploration licence or that is the subject of an application for an exploration licence, the holder of, or the applicant for, the exploration licence may make the consent conditional on specified depth restrictions.". 21 New section 16B inserted After section 16A of the Mineral Resources (Sustainable Development) Act 1990 insert— "16B Application for mining licence where retention licence covers same land (1) This section applies if— (a) an application is made for a mining licence in relation to land covered by a retention licence; and (b) the retention licence will expire before the Minister grants or refuses to grant the mining licence. (2) Despite anything to the contrary in this Act, the part of the retention licence that covers the land that is the subject of the application continues in effect after the date it would have otherwise expired until the Minister grants or refuses to grant the mining licence.". 22 Notice of applications with the highest ranking In section 18(c) of the Mineral Resources (Sustainable Development) Act 1990, after "mining licence" insert "or prospecting licence". s. 21 -- 18 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 13 Authorised by the Chief Parliamentary Counsel 23 Grant or refusal of licence under Division 2 of Part 2 In section 25 of the Mineral Resources (Sustainable Development) Act 1990— (a) after subsection (1)(e)(ii) insert— "(iii) a prospecting licence, if the application is for a prospecting licence; or (iv) a retention licence, if the application is for a retention licence; or"; (b) in subsection (3), for "or the regulations" substitute "and the regulations"; (c) in subsection (6)— (i) for "mining licence" substitute "prospecting licence"; (ii) for "section 30" substitute "section 38A". 24 Licence condition regarding documents provided to Minister In section 26(4A) of the Mineral Resources (Sustainable Development) Act 1990 omit "mining". 25 Prohibition on using BTEX chemicals in hydraulic fracturing After section 26(4A) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(5) It is a condition of a licence that the use of restricted hydraulic fracturing substances is prohibited in carrying out any hydraulic fracturing permitted by the licence. Note See section 4(1) for the meaning of hydraulic fracturing and restricted hydraulic fracturing substances.". s. 23 -- 19 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 14 Authorised by the Chief Parliamentary Counsel 26 Licence condition regarding agreements under Traditional Owner Settlement Act 2010 Before section 26(8) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(7) It is a condition of a licence that the licensee comply with any conditions specified in a land use activity agreement under section 31(3) or 31(3A) of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the licence.". 27 Definition of exempted land for Division 3 of Part 2 For section 26AA(a) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(a) that has been exempted under section 7 from being subject to a licence; and". 28 Licence procedure under Subdivision 2 of Division 3 of Part 2 (1) In section 26AD(2) of the Mineral Resources (Sustainable Development) Act 1990, for "Sections 15(1C), 15(1BC) to (1BG)" substitute "Sections 15(1BC) to (1BG), 15(1BH), 15(1C)". (2) After section 26AF(1)(a)(ii) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(iii) a prospecting licence, if the application is for a prospecting licence; or (iv) a retention licence, if the application is for a retention licence; or". (3) In section 26AF(4) of the Mineral Resources (Sustainable Development) Act 1990, after "26(4A)" insert ", 26(5)". s. 26 -- 20 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 15 Authorised by the Chief Parliamentary Counsel (4) In section 26AF(4) of the Mineral Resources (Sustainable Development) Act 1990, before "and 26(8)" insert ", 26(7)". 29 Licence procedure under Subdivision 3 of Division 3 of Part 2 (1) In section 26AJ(4) of the Mineral Resources (Sustainable Development) Act 1990, after "Sections" insert "15(1BH),". (2) After section 26AM(1)(a)(ii) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(iii) a prospecting licence, if the application is for a prospecting licence; or (iv) a retention licence, if the application is for a retention licence; or". (3) In section 26AM(5) of the Mineral Resources (Sustainable Development) Act 1990, after "26(4A)" insert ", 26(5)". (4) In section 26AM(5) of the Mineral Resources (Sustainable Development) Act 1990, before "and 26(8)" insert ", 26(7)". 30 New Division 3A inserted in Part 2 After Division 3 of Part 2 of the Mineral Resources (Sustainable Development) Act 1990 insert— "Division 3A—Survey of land proposed to be covered by mining licence, prospecting licence or retention licence 26AR Applicant to survey boundary of land (1) A person who intends to apply for a mining licence, prospecting licence or retention licence must survey the boundaries of the s. 29 -- 21 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 16 Authorised by the Chief Parliamentary Counsel land proposed to be covered by the licence in the manner required by the regulations. Note The survey must be included in the licence application—see section 15(1BH). (2) A person is not entitled to enter land for the purpose of surveying boundaries as required by subsection (1), unless— (a) the person— (i) has, in the case of private land, the written consent of the owner or occupier of the land to the entry; or (ii) has, in the case of occupied Crown land, the written consent of the occupier of the land to the entry; or (iii) has, in the case of any other Crown land, given the person responsible for the management of the land written notice of the intended entry; or (b) the Department Head grants an authority in writing to the person under section 26AS. (3) For the purposes of subsection (2), occupied Crown land means any Crown land on which a person is undertaking an activity that is authorised by a lease, licence, permit or other authority granted in respect of that land by, or under, an Act. s. 30 -- 22 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 17 Authorised by the Chief Parliamentary Counsel 26AS Authority to enter land (1) The Department Head may grant to a person an authority to enter land for the purposes of section 26AR if the Department Head is satisfied that the person has made reasonable attempts to obtain the consent of the owner or occupier and— (a) the person has been unable to contact the owner or occupier; or (b) the owner or occupier has refused or failed to consent. (2) A person does not trespass on land only because the person exercises reasonable access to the land— (a) in accordance with an authority to enter the land; and (b) for the purpose of surveying the boundaries of the land proposed to be covered by the licence. (3) An authority to enter land expires— (a) 12 months after the date on which the authority was granted; or (b) when the licence application in relation to which the authority was granted is determined— whichever is the earlier. (4) The Department Head must serve on the owner and occupier of land a copy of an authority that is granted under this section to enter the land as soon as is practicable after the authority is granted. s. 30 -- 23 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 18 Authorised by the Chief Parliamentary Counsel 26AT Offence not to show authority A person who enters land under an authority to enter land granted under section 26AS must comply with any request made by the owner or occupier of the land to be shown a copy of the authority. Penalty: 10 penalty units. 26AU Security (1) Before granting an authority to enter land under section 26AS, the Department Head must require the person to provide a security, of an amount and kind specified by the Department Head, against the risk of damage to the property of the owner or occupier of the land as a result of the person's entry on to, or activities on, the land. (2) The Department Head— (a) may use the security, or part of it, to compensate the owner or occupier for any damage resulting from that entry or those activities; and (b) must return the balance of the security to the applicant no later than 30 days after the day on which the authority expires or is withdrawn. s. 30 -- 24 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 19 Authorised by the Chief Parliamentary Counsel 26AV Insurance A person must not enter any land or carry out any surveying for the purposes of section 26AR unless the person is insured for an amount determined by the Department Head against any risk that might arise if the owner or occupier of the land were to sustain a personal injury as a result of the person's entry on to, or activities on, the land. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. Default Penalty: In the case of a corporation, 20 penalty units. In any other case, 10 penalty units.". 31 Statement of economic significance if agricultural land covered by licence In section 26A of the Mineral Resources (Sustainable Development) Act 1990— (a) in subsection (1), for "work" substitute "mining"; (b) in subsection (2)— (i) for "work" (where first and secondly occurring) substitute "mining"; (ii) in paragraph (b), for "do the work" substitute "carry out the mining"; (c) in subsection (4)— (i) in paragraph (a), for "proposed work" substitute "proposed mining"; s. 30 -- 25 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 20 Authorised by the Chief Parliamentary Counsel (ii) in paragraph (b), after "relevant" insert "application for approval of". 32 Tendering process For section 27(3) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(3) A tender for a licence may be over land that has been exempted under section 7 from being subject to a licence.". 33 Application of provisions to tenders In section 27D(3) of the Mineral Resources (Sustainable Development) Act 1990, for "section 15(6) to (6C) and 16A" substitute "section 15(6) and (6A)". 34 Minister may not accept any tenders In section 27E(3)(b) of the Mineral Resources (Sustainable Development) Act 1990, for "an exploration licence or a mining licence, or both," substitute "a licence,". 35 Renewals of licences For section 31(8) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(8) In the case of an application for the renewal of a mining licence (including an infrastructure mining licence), the Minister may renew the licence if— (a) mining is taking place under the licence at the time of the application and the Minister is satisfied that there is a reasonable prospect that mining will continue after that renewal; or s. 32 -- 26 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 21 Authorised by the Chief Parliamentary Counsel (b) mining had taken place under the licence before the date of the application and the Minister is satisfied that there is a reasonable prospect that mining will recommence within 2 years after renewal of the licence.". 36 Period of renewal After section 32(1) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(1A) A retention licence that has been renewed has effect for the period not exceeding 10 years that is specified in the notice of renewal.". 37 Transfer of licence (1) For section 33(3) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(3) Before approving an instrument of transfer, the Minister must be satisfied that— (a) the proposed transferee complies with section 15(6)(a), (b), (ba), (c) and (d); and (b) subject to subsection (3B), the existing licensee has paid all outstanding fees, bonds, royalties and rents in respect of the licence; and (c) subject to subsection (3C), in the case of an existing licensee who has a work plan, the work plan is adequate.". s. 36 -- 27 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 22 Authorised by the Chief Parliamentary Counsel (2) After section 33(3A) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(3B) If the existing licensee has not paid all outstanding fees, bonds, royalties and rents in respect of the licence, the Minister may approve the instrument of transfer subject to the proposed transferee agreeing to pay the amounts outstanding. (3C) If the existing licensee has a work plan and the Minister is not satisfied that the work plan relating to the licence is adequate, the Minister may approve the instrument of transfer subject to the proposed transferee being required to submit a new work plan for approval by the Department Head within the time specified by the Minister.". 38 Cancellation of licence For section 38(1)(b)(vi) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(vi) subject to subsection (1A), the licensee no longer complies with section 15(6)(a), (b), (ba), (c) or (d); or". 39 Decrease in area under exploration licence (1) In section 38A of the Mineral Resources (Sustainable Development) Act 1990— (a) in subsections (2), (2A) and (2B) omit "as originally granted"; (b) in subsection (5)(b) omit "with a common expiry date over adjoining areas". s. 38 -- 28 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 23 Authorised by the Chief Parliamentary Counsel (2) After section 38A(5) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(6) In this section, a reference to the total number of graticular sections covered by a licence is a reference to— (a) if the licence has not been amalgamated with another licence, the number of graticular sections covered by the licence as originally granted; or (b) if the licence has been amalgamated with another licence, the total of— (i) the number of graticular sections covered by the licence as originally granted; and (ii) the number of graticular sections covered by the licence with which the licence was amalgamated, as originally granted.". 40 Repeals consequential on new Division 3A of Part 2 Sections 38AA, 38AB, 38AC, 38AD and 38AE of the Mineral Resources (Sustainable Development) Act 1990 are repealed. 41 Work plan In sections 40(5) and 41(4) of the Mineral Resources (Sustainable Development) Act 1990, after "mining licence" insert "or prospecting licence". 42 Licensee to submit area work plan schedule In the heading to section 41AD of the Mineral Resources (Sustainable Development) Act 1990, for "plan work" substitute "work plan". s. 40 -- 29 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 24 Authorised by the Chief Parliamentary Counsel 43 Functions of Department Head regarding mining register (1) After section 69(2)(xva) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(xvb) written undertakings entered into under section 107;". (2) After section 69(4) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(5) The Department Head may refuse to accept for registration an approved instrument of transfer if the proposed transferee has not paid all outstanding fees, bonds, royalties and rents in respect of the licence agreed to under section 33B.". 44 New Division 1 of Part 6A substituted For Division 1 of Part 6A of the Mineral Resources (Sustainable Development) Act 1990 substitute— "Division 1—Searching for stone 77A Consent to search for stone on certain land (1) A person who proposes to search for stone on Crown land must obtain the consent of the Crown land Minister. (2) A person who proposes to search for stone on land that is owned by, vested in or managed or controlled by an Authority under the Water Act 1989 must obtain the consent of that Authority. s. 43 -- 30 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 25 Authorised by the Chief Parliamentary Counsel (3) A consent under subsection (1) or (2)— (a) must not be unreasonably withheld; and (b) may be granted subject to conditions. (4) The Crown land Minister whose consent is sought under subsection (1) must, within 60 days (or any longer period allowed by the Crown land Minister) after the consent being sought, grant that consent (whether subject to conditions or not) or refuse to consent. (5) An Authority under the Water Act 1989 whose consent is sought under subsection (2) must, within 60 days after the consent being sought, grant that consent (whether subject to conditions or not) or refuse that consent. (6) An Authority under the Water Act 1989 that does not comply with subsection (5) is taken to have given the consent sought. (7) A person or body that refuses to consent must, within 7 days after the decision to refuse, give the person who sought the consent a statement in writing of the reasons for the decision. Note Section 6AA sets out land that is not available for searching for stone. 77B Depth restriction on searching for stone on land adjacent to waterways or water infrastructure A person must not search for stone at a depth of more than 0·75 metres below any land that is within 100 metres of— (a) a waterway that is owned by, vested in or managed or controlled by an Authority under the Water Act 1989; or s. 44 -- 31 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 26 Authorised by the Chief Parliamentary Counsel (b) any main drains, sewers, aqueducts, channels or pipelines of that Authority— unless the person has first consulted the Authority and searches for stone in compliance with any conditions specified by the Authority. 77C Notice of proposed searching for stone on land on which there are roads etc. A person who proposes to search for stone on land on which there is a public highway, road or street must give 21 days notice of the proposed searching to the person or body having the care or management of the public highway, road or street.". 45 Work plan for extractive industries For section 77G(2)(a) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(a) on land that has an area not exceeding 5 hectares and at a depth not exceeding 5 metres; and". 46 Transfer of an extractive industry work authority (1) In section 77N(2)(b) of the Mineral Resources (Sustainable Development) Act 1990, before "the Minister" insert "in the case of an existing extractive industry work authority holder who has a work plan,". (2) In section 77N(3) of the Mineral Resources (Sustainable Development) Act 1990, after "If" insert "the existing extractive industry work authority holder has a work plan and". s. 45 -- 32 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 27 Authorised by the Chief Parliamentary Counsel 47 New section 77OA inserted After section 77O of the Mineral Resources (Sustainable Development) Act 1990 insert— "77OA Surrender of an extractive industry work authority The holder of an extractive industry work authority may, with the consent of the Minister, surrender the authority by notice in writing.". 48 Land subject to a licence under Part 2 (1) For section 77S(1) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(1) A person who applies for an extractive industry work authority in respect of land which is the subject of a licence under Part 2 must, on the same day that the applicant lodges the application— (a) send a copy of the application to any holder of a licence under Part 2 relating to the land or any part of the land to which the application applies; and (b) send a notice to any holder of a licence referred to in paragraph (a) seeking consent to the granting of the extractive industry work authority.". (2) In section 77S(2)(b) of the Mineral Resources (Sustainable Development) Act 1990, for "subsection (1)(b) and a notice seeking consent under subsection (1)(c)" substitute "subsection (1)(a) and a notice seeking consent under subsection (1)(b)". s. 47 -- 33 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 28 Authorised by the Chief Parliamentary Counsel 49 Rehabilitation plan In section 79 of the Mineral Resources (Sustainable Development) Act 1990— (a) in paragraph (a)(iv), after "mining licence" insert ", prospecting licence"; (b) in paragraph (b)(ii), after "mining licence" insert "or prospecting licence". 50 Rehabilitation bond In section 80 of the Mineral Resources (Sustainable Development) Act 1990— (a) in subsection (2), after "mining licence" insert "or prospecting licence"; (b) in subsection (6), for "The licensee" substitute "An authority holder". 51 Return of bond if rehabilitation satisfactory In section 82(2) of the Mineral Resources (Sustainable Development) Act 1990, after "mining licence" insert "or prospecting licence". 52 Limit on total amount of compensation In section 89(3) of the Mineral Resources (Sustainable Development) Act 1990, for "or (1A)(b)" substitute "or (1A)(d)". 53 Compensation—search authorities In section 89AA(1) of the Mineral Resources (Sustainable Development) Act 1990, for "section 77C" substitute "section 112 to enter for the purpose of searching for stone". s. 49 -- 34 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 29 Authorised by the Chief Parliamentary Counsel 54 Power to enter (1) For section 94(1) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(1) At any time during working hours, an inspector may enter a place that the inspector reasonably believes— (a) is a worksite; or (b) is a place where an activity is being or has been conducted in contravention of section 8, 8AA or 8AB.". (2) In section 94(2) of the Mineral Resources (Sustainable Development) Act 1990, for "any place that the inspector reasonably believes is a worksite" substitute "a place referred to in subsection (1)". 55 New Division 1 inserted in Part 12 After the heading to Part 12 of the Mineral Resources (Sustainable Development) Act 1990 insert— "Division 1—Definitions 105A Definitions In this Part— authorised person means a person authorised by the Minister under section 110AB(2); authority means a licence, an extractive industry work authority, a miner's right or a tourist fossicking authority. Division 2—Infringements". s. 54 -- 35 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 30 Authorised by the Chief Parliamentary Counsel 56 New Division 3 inserted in Part 12 After section 106 of the Mineral Resources (Sustainable Development) Act 1990 insert— "Division 3—Enforceable undertakings 107 Enforceable undertakings (1) This section applies if— (a) the Minister believes on reasonable grounds that the holder of an authority— (i) has contravened or is likely to contravene this Act or the regulations; or (ii) has not complied with any condition to which the authority is subject or any condition specified under section 44; or (iii) has not complied with any condition applying to the carrying out of the work plan under the authority; or (iv) has undertaken work on land otherwise than in accordance with the work plan under the authority; and (b) the Minister considers that, having regard to the criteria specified in guidelines made under section 120A, an undertaking under this section is an appropriate enforcement mechanism. (2) If this section applies, the Minister and the holder of the authority may enter into a written undertaking. s. 56 -- 36 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 31 Authorised by the Chief Parliamentary Counsel (3) The holder of an authority may with the consent of the Minister withdraw or vary an undertaking. (4) While an undertaking is in force in respect of a contravention or other thing that is an offence, proceedings may not be brought for an offence constituted by the contravention or other thing. (5) If the holder of an authority withdraws an undertaking in respect of a contravention or other thing that is an offence before the undertaking has been fulfilled, proceedings may be brought for the offence constituted by the contravention or other thing. (6) If the holder of an authority complies with the requirements of an undertaking in respect of a contravention or other thing that is an offence, no further proceedings may be brought for an offence constituted by the contravention or other thing. (7) The Minister may publish an undertaking in any manner the Minister considers appropriate. 108 Offence to contravene an undertaking The holder of an authority must not contravene an undertaking entered into by the holder under section 107 that is in force. Penalty: In the case of a corporation, 2500 penalty units. In any other case, 500 penalty units.". s. 56 -- 37 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 32 Authorised by the Chief Parliamentary Counsel 57 Further amendment of Part 12 In the Mineral Resources (Sustainable Development) Act 1990— (a) before section 110 insert— "Division 4—Remedial notices and orders and enforcement orders"; (b) sections 110(7) and 110A(3) are repealed; (c) before section 111 insert— "Division 5—General". 58 Surveys and drilling operations (1) In the heading to section 112 of the Mineral Resources (Sustainable Development) Act 1990, after "Surveys" insert ", searches". (2) In section 112 of the Mineral Resources (Sustainable Development) Act 1990— (a) in subsection (1), for "mining or geological survey" substitute "mining, geological survey or searching for stone"; (b) in subsection (3)(a), (d) and (e), after "survey" insert ", search". 59 Occupiers liability For section 115(3) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(3) An occupier of any premises does not owe a duty to take care of any person entering those premises for the purposes of surveying the boundaries of land proposed to be covered by a mining licence, prospecting licence or retention licence— (a) with the consent of the occupier; or s. 57 -- 38 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 33 Authorised by the Chief Parliamentary Counsel (b) under an authority to enter granted under section 26AS. (3A) Subsection (3) does not apply if the occupier is also the person who intends to apply for the mining licence, prospecting licence or retention licence (as the case requires).". 60 Secrecy (1) In section 119 of the Mineral Resources (Sustainable Development) Act 1990— (a) in subsection (2)— (i) for "a licensee" substitute "an authority holder"; (ii) in paragraph (a), for "the licensee" substitute "the authority holder"; (b) in subsection (3), for "licensee" substitute "authority holder". (2) After section 119(3) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(4) In this section— authority holder has the same meaning as in section 77U.". 61 Regulations For section 124(1)(d) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(d) the manner of surveying the boundaries of land; and". 62 Repeal of spent provisions Sections 126 and 128 of, and Schedule 1 to, the Mineral Resources (Sustainable Development) Act 1990 are repealed. s. 60 -- 39 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 34 Authorised by the Chief Parliamentary Counsel 63 Low impact exploration In section 41 of the Mineral Resources (Sustainable Development) Amendment Act 2014, in proposed clause 2 of Schedule 4A to the Mineral Resources (Sustainable Development) Act 1990, the definition of hydraulic fracturing is repealed. 64 Amendments consequential on Water Act 2014 In sections 77A(2), 77A(5), 77A(6) and 77B(a) of the Mineral Resources (Sustainable Development) Act 1990, for "Water Act 1989" substitute "Water Act 2014". 65 New section 140 inserted After section 139 of the Mineral Resources (Sustainable Development) Act 1990 insert— "140 Savings and transitional provisions— Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 (1) A person who made an application for a mining licence, prospecting licence or retention licence (whether or not that application has been granted) immediately before the commencement of section 15(1BH) of the Mineral Resources (Sustainable Development) Act 1990 as inserted by section 20 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 must continue to comply with sections 38AA to 38AE of the Mineral Resources (Sustainable Development) Act 1990 (as in force immediately before their repeal). (2) The requirements of section 15(1BH) of the Mineral Resources (Sustainable Development) Act 1990 as inserted by section 20 of the Resources Legislation s. 63 -- 40 of 73 -- Part 4—Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 35 Authorised by the Chief Parliamentary Counsel Amendment (BTEX Prohibition and Other Matters) Act 2014 do not apply to an application for a mining licence, prospecting licence or retention licence that was made immediately before the commencement of that section. (3) If, immediately before the commencement of section 37 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, the Minister received a request to approve an instrument of transfer under section 33 of the Mineral Resources (Sustainable Development) Act 1990, section 33(3) of the Mineral Resources (Sustainable Development) Act 1990 (as in force immediately before that commencement) applies to that request for approval. (4) A person who complied with the requirements of section 77S(1) of the Mineral Resources (Sustainable Development) Act 1990 (as in force immediately before the commencement of section 48 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014) is not required to comply with section 77S(1) as amended by section 48 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 in respect of that application for an extractive industry work authority.". __________________ s. 65 -- 41 of 73 -- Part 5—Offshore Petroleum and Greenhouse Gas Storage Act 2010 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 36 Authorised by the Chief Parliamentary Counsel PART 5—OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 66 Rights conferred by greenhouse gas assessment permit For section 286(1)(c) and (d) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 substitute— "(c) to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as— (i) the relevant well is situated in the permit area; or (ii) the relevant well is situated adjacent to the permit area and the greenhouse gas substance is injected in accordance with a special drilling authorisation granted under Part 8A of the Greenhouse Gas Geological Sequestration Act 2008; and (d) to store, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as— (i) the injection of the stored greenhouse gas substance takes place at a well that is situated in the permit area; or (ii) the injection of the stored greenhouse gas substance takes place at a well that is situated adjacent to the permit area and in accordance with a special drilling authorisation granted under Part 8A of the Greenhouse Gas Geological Sequestration Act 2008; and". See: Act No. 10/2010 and amending Act Nos 55/2010, 62/2010, 80/2010, 53/2011, 43/2012., 64/2012, 74/2012, 70/2013 and 37/2014. LawToday: www. legislation. vic.gov.au s. 66 -- 42 of 73 -- Part 5—Offshore Petroleum and Greenhouse Gas Storage Act 2010 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 37 Authorised by the Chief Parliamentary Counsel 67 New Part 6.10 inserted After Part 6.9 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 insert— "PART 6.10—USING AND SHARING OFFSHORE INFORMATION AND THINGS Division 1—Introduction 718B Simplified outline (1) This section sets out a simplified outline of this Part. (2) This Part deals with using and making available certain information, documents and things obtained for the purposes of this Act. (3) The information, documents and things may be— (a) used by the Minister and the Minister's delegates for the purpose of exercising any of the Minister's powers or performing any of the Minister's functions; and (b) used within NOPSEMA for the purpose of exercising any of its powers or performing any of its functions; and (c) shared between the Minister, the responsible Commonwealth Minister, and NOPSEMA; and (d) shared between the Minister and certain other agencies, including law enforcement agencies and Commonwealth, State and Territory Government agencies. s. 67 -- 43 of 73 -- Part 5—Offshore Petroleum and Greenhouse Gas Storage Act 2010 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 38 Authorised by the Chief Parliamentary Counsel 718C Definitions In this Part— CEO means the Chief Executive Officer of NOPSEMA; function includes duty; thing includes a sample; this Act includes a subordinate instrument under this Act; under this Act includes for the purposes of this Act. 718D Scope of Part (1) Subject to this section, this Part applies in relation to information, a document, a copy of a document or an extract of a document (the offshore information) or a thing obtained in the course of— (a) the exercise of a power, or the performance of a function, under this Act; or (b) the administration of this Act. (2) The offshore information may be or include personal information (within the meaning of the Privacy and Data Protection Act 2014) or health information (within the meaning of the Health Records Act 2001). Note The use or disclosure of personal information is regulated under the Privacy and Data Protection Act 2014 and the use or disclosure of health information is regulated under the Health Records Act 2001. s. 67 -- 44 of 73 -- Part 5—Offshore Petroleum and Greenhouse Gas Storage Act 2010 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 39 Authorised by the Chief Parliamentary Counsel (3) In particular, but without limiting subsections (1) or (2), this Part applies in relation to offshore information or a thing obtained by the Minister (including obtained by a greenhouse gas project inspector or petroleum project inspector appointed by the Minister, whether under a warrant issued for the purposes of this Act or otherwise) or NOPSEMA (including obtained by an OHS inspector appointed by the CEO, whether under a warrant issued for the purposes of this Act or otherwise). Example This Part applies in relation to information given by a person to an OHS inspector under Schedule 3 in response to a requirement made of the person by the inspector to answer a question. (4) This Part does not, by implication, limit the use of, or making available of, offshore information or a thing otherwise than in accordance with this Part. (5) This Part does not apply to offshore information or a thing covered by Part 7.3 or a subordinate instrument made for the purposes of that Part. Division 2—Minister's use of offshore information and things 718E Purposes for which Minister may use offshore information or things If the Minister obtains offshore information or a thing in the course of the exercise of a power, or the performance of a function, under this Act, the Minister may use the offshore information or thing for the purpose of exercising any power, or performing any function, under this Act. s. 67 -- 45 of 73 -- Part 5—Offshore Petroleum and Greenhouse Gas Storage Act 2010 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 40 Authorised by the Chief Parliamentary Counsel Division 3—NOPSEMA's use of offshore information and things 718F Purposes for which NOPSEMA may use offshore information or things If NOPSEMA obtains offshore information or a thing in the course of the exercise of a power, or the performance of a function, under this Act, NOPSEMA may use the offshore information or thing for the purpose of exercising any power, or performing any function, under this Act. Division 4—Sharing offshore information or things 718G Sharing offshore information or things for the purposes of this Act (1) Any of the following persons may make available offshore information or a thing to another of those persons (the recipient) to use as mentioned in subsection (2)— (a) the Minister; (b) the responsible Commonwealth Minister; (c) NOPSEMA. (2) The recipient may use the offshore information or thing in the course of the following— (a) the exercise of powers, or the performance of functions, under this Act; (b) the administration of this Act. s. 67 -- 46 of 73 -- Part 5—Offshore Petroleum and Greenhouse Gas Storage Act 2010 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 41 Authorised by the Chief Parliamentary Counsel 718H Minister may share offshore information or things with other entities (1) The Minister may make available offshore information or a thing to one or more of the entities referred to in subsection (2) for the entity to use in the course of the exercise of the entity's powers, or the performance of the entity's functions, under or for the purposes of a law. (2) The entities are the following— (a) the Titles Administrator; (b) each member of a Joint Authority; (c) the Australian Maritime Safety Authority; (d) the Civil Aviation Safety Authority; (e) the Australian Defence Force; (f) the Australian Federal Police; (g) Customs; (h) Victoria Police or the police force of another State or of a Territory; (i) the Director of Public Prosecutions of Victoria, of the Commonwealth, of another State or of a Territory; (j) a coroner of Victoria, of another State or of the Northern Territory; (k) an agency of Victoria, of the Commonwealth, of another State or of a Territory, that is responsible for administering or implementing laws relating to occupational health and safety; s. 67 -- 47 of 73 -- Part 5—Offshore Petroleum and Greenhouse Gas Storage Act 2010 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 42 Authorised by the Chief Parliamentary Counsel (l) an agency of Victoria, of the Commonwealth, of another State or of a Territory, that is responsible for administering or implementing laws relating to the protection of the environment; (m) any other agency of Victoria, of the Commonwealth, of another State or of a Territory, that is responsible for investigating contraventions of laws, or administering or ensuring compliance with laws. (3) If offshore information or a thing is made available to an entity under subsection (1), the Minister may, at any time, by written notice to the entity, impose conditions in relation to— (a) the entity's use of the offshore information or thing; or (b) whether, and the extent to which, the entity itself may make the offshore information or thing available to any other entity. 718I Personal information (1) This section applies to offshore information to the extent that it is personal information. (2) Before the information is made available or used as mentioned in this Division, the entity making the information available, or using the information, must take such steps as are reasonable in the circumstances to ensure that the information is de-identified. s. 67 -- 48 of 73 -- Part 5—Offshore Petroleum and Greenhouse Gas Storage Act 2010 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 43 Authorised by the Chief Parliamentary Counsel (3) Personal information is de-identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable. __________________". 68 New clause 48 inserted in Schedule 5 After clause 47 of Schedule 5 to the Offshore Petroleum and Greenhouse Gas Storage Act 2010 insert— "48 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 (1) Part 6.10 of this Act applies in relation to the following— (a) offshore information, to the extent that it is personal information, obtained on and after the day on which section 67 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 came into operation; (b) other offshore information obtained before, on or after that day; (c) things obtained before, on or after that day. (2) The Governor in Council may make regulations in relation to matters of a savings or transitional nature consequent on the enactment of section 67 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014. s. 68 -- 49 of 73 -- Part 5—Offshore Petroleum and Greenhouse Gas Storage Act 2010 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 44 Authorised by the Chief Parliamentary Counsel (3) In this clause— offshore information has the same meaning as in section 718D; personal information has the same meaning as in the Privacy and Data Protection Act 2014.". __________________ s. 68 -- 50 of 73 -- Part 6—Petroleum Act 1998 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 45 Authorised by the Chief Parliamentary Counsel PART 6—PETROLEUM ACT 1998 69 New section 101A inserted After section 101 of the Petroleum Act 1998 insert— "101A Further statutory condition of authority— hydraulic fracturing (1) In addition to any other conditions, an authority is subject to the condition that the use of restricted hydraulic fracturing substances is prohibited in carrying out any hydraulic fracturing permitted by the authority. (2) Despite anything to the contrary in this Act, this condition cannot be varied. (3) In this section— hydraulic fracturing means the injection of a substance or substances into a bore under pressure for the purposes of stimulating a geological formation; restricted hydraulic fracturing substances means fluids or gases used for the purpose of hydraulic fracturing that contain petroleum hydrocarbons containing benzene, ethylbenzene, toluene or xylene in more than the maximum amount prescribed by the regulations.". See: Act No. 96/1998. Reprint No. 2 as at 16 August 2012 and amending Act Nos 64/2012 and 70/2013. LawToday: www. legislation. vic.gov.au s. 69 -- 51 of 73 -- Part 6—Petroleum Act 1998 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 46 Authorised by the Chief Parliamentary Counsel 70 New section 101B inserted Before section 102 of the Petroleum Act 1998 insert— "101B Further statutory condition of authority— agreements under Traditional Owner Settlement Act 2010 In addition to any other conditions, an authority is subject to the condition that the holder of the authority comply with any conditions specified in a land use activity agreement under section 31(3) of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the authority.". 71 Special drilling authorisation surrendered if primary authorisation surrendered (1) In the heading to section 113A of the Petroleum Act 1998, after "authorisation" (where twice occurring) insert "surrendered,". (2) After section 113A(2) of the Petroleum Act 1998 insert— "(3) If a primary authorisation that is the basis for a special drilling authorisation granted under Part 6A is surrendered under this Act or the Offshore Petroleum and Greenhouse Gas Storage Act 2010, the special drilling authorisation that relates to that primary authorisation is taken to be surrendered on the same day the primary authorisation is surrendered.". __________________ s. 70 -- 52 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 47 Authorised by the Chief Parliamentary Counsel PART 7—PIPELINES ACT 2005 72 Definitions In section 5 of the Pipelines Act 2005— (a) insert the following definitions— "applicant means a person who has lodged an application for a licence to construct and operate a pipeline; pipeline corridor means a corridor of land within which a pipeline is proposed to be constructed;"; (b) for the definition of approved consultation information substitute— "approved consultation information— (a) in relation to a proposed pipeline, means the information to be provided to owners and occupiers that is included in an approved consultation plan for that pipeline; (b) in relation to a proposed significant alteration of the route of a pipeline, means the information to be provided to owners and occupiers that is included in an approved consultation plan for that alteration;"; (c) for the definition of approved consultation plan substitute— "approved consultation plan means a consultation plan approved under Division 1 of Part 4 or Division 6 of Part 5;"; (d) in the definition of operation, after "includes" insert "testing,"; See: Act No. 61/2005. Reprint No. 1 as at 22 June 2011 and amending Act Nos 10/2010, 53/2011, 43/2012, 64/2012 and 70/2013. LawToday: www. legislation. vic.gov.au s. 72 -- 53 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 48 Authorised by the Chief Parliamentary Counsel (e) for the definition of owner substitute— "owner— (a) in relation to Crown land, includes the native title holder of the land; and (b) in relation to private land under the Transfer of Land Act 1958 (other than land in an identified folio under that Act), means the person who is registered or entitled to be registered as the proprietor of the land; and (c) in relation to other private land, means— (i) if the land is mortgaged, the mortgagor; and (ii) if the land is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993, the licensee, under that Part, of the land; and (iii) in any other case, the person who has the fee in the land;"; (f) in the definition of proponent omit "or who is an applicant for"; (g) the definition of proposed pipeline corridor is repealed; (h) for the definition of public authority substitute— "public authority means a body established for a public purpose by or under any Act;". s. 72 -- 54 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 49 Authorised by the Chief Parliamentary Counsel 73 When must a consultation plan be prepared? In section 16(1) of the Pipelines Act 2005, after "proposed pipeline" insert ", and obtain the Minister's approval of the plan under section 18,". 74 Application where agreement for entry to land cannot be reached In section 22(3) of the Pipelines Act 2005, after "enter Crown land" insert "where the proponent has been unable to obtain the agreement of the occupier,". 75 Effect of consent In section 26(4) of the Pipelines Act 2005— (a) after "occupier" (where first occurring) insert "or both"; (b) in paragraph (a), for "any native title holder or occupier" substitute "each native title holder and each occupier". 76 Notice of pipeline corridor In section 27(1) and (2)(b) of the Pipelines Act 2005, for "proposed pipeline corridor" substitute "pipeline corridor". 77 What must application contain? In section 30 of the Pipelines Act 2005— (a) in paragraph (a), for "proponent" substitute "applicant"; (b) in paragraph (d), for "proposed pipeline corridor" substitute "pipeline corridor". 78 Minister may ask for further information In section 31 of the Pipelines Act 2005, for "proponent" substitute "applicant". s. 73 -- 55 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 50 Authorised by the Chief Parliamentary Counsel 79 Notice of application (1) In section 32(1) of the Pipelines Act 2005— (a) for "proponent" substitute "applicant"; (b) after paragraph (b) insert— "(ba) the Water Minister; and". (2) In section 32(4) of the Pipelines Act 2005, for "proponent" substitute "applicant". 80 Further references to proponent in licensing provisions In sections 33(1) and 35 (including the heading to section 35) of the Pipelines Act 2005, for "proponent" (wherever occurring) substitute "applicant". 81 Request for decision on application (1) In section 37(1) of the Pipelines Act 2005, for "proponent" substitute "applicant". (2) For section 37(2) of the Pipelines Act 2005 substitute— "(2) The Minister may request the applicant to provide details of how the applicant has addressed or proposes to address any matter raised in the submissions.". 82 New section 38 substituted For section 38 of the Pipelines Act 2005 substitute— "38 Determination whether to refer submissions to panel (1) The Minister must determine whether— (a) to refer the submissions to a panel; or (b) to proceed to determine the application under Division 3. s. 79 -- 56 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 51 Authorised by the Chief Parliamentary Counsel (2) A determination under subsection (1) must be made— (a) within 28 days after the receipt of the request under section 37(1); or (b) if the Minister has requested further details under section 37(2), within 28 days after the receipt of those details.". 83 Panel to consider submissions In the Pipelines Act 2005— (a) in section 45(1), for "proponent" substitute "applicant"; (b) in section 46— (i) for "proponent" substitute "applicant"; (ii) for "proponent's" substitute "applicant's". 84 When must an application be determined? In section 48 of the Pipelines Act 2005— (a) in subsection (1)(a), for "section 37" substitute "section 37(1)"; (b) after subsection (1)(a) insert— "(ab) the receipt of any further details requested under section 37(2);"; (c) in subsection (2), for "proponent" substitute "applicant". 85 Decision on application In sections 53(1)(a), 55(1) and 56(3) and 57 of the Pipelines Act 2005, for "proponent" (wherever occurring) substitute "applicant". s. 83 -- 57 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 52 Authorised by the Chief Parliamentary Counsel 86 What does the licence authorise? (1) In section 58(1) of the Pipelines Act 2005 omit "and to deviation from that route within the limits of lateral deviation authorised by the Minister". (2) After section 58(2) of the Pipelines Act 2005 insert— "(3) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.". 87 Licence to remain in force indefinitely In section 59(1)(a) of the Pipelines Act 2005, for "proponent" substitute "applicant". 88 Alteration of authorised route Section 65(2) of the Pipelines Act 2005 is repealed. 89 Application to alter authorised route—significant alterations For section 68(3) of the Pipelines Act 2005 substitute— "(3) Before making the application, the licensee must— (a) if required to do so by the Minister, prepare a consultation plan for the proposed alteration and obtain the Minister's approval of the plan under section 68B; and (b) give notice of the proposed alteration to each owner and each occupier of land affected by the proposed alteration; and s. 86 -- 58 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 53 Authorised by the Chief Parliamentary Counsel (c) consult with each owner and each occupier of land, and each responsible authority for an area, affected by the proposed alteration; and (d) take all reasonable steps to reach agreement with those persons on the proposed alteration. (3A) A notice under subsection (3)(b) must— (a) be in the prescribed form; and (b) set out the proposed alteration; and (c) be accompanied by the approved consultation information for the proposed alteration (if any). (3B) A notice under subsection (3)(b) lapses after 12 months, unless the Minister, in writing, extends that period.". 90 New sections 68A to 68K inserted After section 68 of the Pipelines Act 2005 insert— "68A Requirements for consultation plan for proposed significant alteration (1) A consultation plan for a proposed alteration must— (a) be prepared in accordance with the regulations; and (b) set out the information that the licensee is to provide to owners and occupiers of land to whom notice must be given under section 68(3)(b). s. 90 -- 59 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 54 Authorised by the Chief Parliamentary Counsel (2) The information to be provided to owners and occupiers of land must include— (a) general information about the types of activities to be undertaken by the licensee for the purpose of any survey under this Division in relation to the construction and operation of the proposed alteration; and (b) information about how potential adverse impacts of the construction and operation of the proposed alteration on land, health, safety and the environment are to be managed; and (c) details of the procedures that are to be followed under this Act and any other Act to permit the construction and operation of the proposed alteration including the procedures for any compulsory acquisition of land; and (d) a statement— (i) advising that owners and occupiers of land may seek independent advice on the proposed alteration; and (ii) setting out current contact information for the Department. 68B Approval of consultation plan for proposed significant alteration (1) If the Minister has required a licensee to prepare a consultation plan for a proposed alteration under section 68(3)(a), the licensee must submit the plan to the Minister for approval. s. 90 -- 60 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 55 Authorised by the Chief Parliamentary Counsel (2) The Minister must within 21 days after receiving a consultation plan under subsection (1)— (a) decide whether or not to approve the consultation plan; and (b) advise the licensee of that decision. (3) If the Minister decides not to approve a consultation plan, the licensee may— (a) submit a new consultation plan to the Minister for approval; or (b) submit amendments to the consultation plan to the Minister for approval. (4) If a new consultation plan or amendments to a consultation plan are submitted to the Minister under subsection (3), the Minister must, within 21 days after receiving the plan or amendments— (a) decide whether or not to approve the new consultation plan or the consultation plan as amended; and (b) advise the licensee of that decision. 68C Compliance with approved consultation plan for proposed significant alteration A licensee must comply with an approved consultation plan for a proposed alteration. Penalty: 20 penalty units. 68D Notice of intention to enter land for survey (1) If a licensee proposes to alter the authorised route of a pipeline under section 68, the licensee must give written notice to each owner and each occupier of land and, if the land is Crown land, the Crown Land Minister of the licensee's intention to enter s. 90 -- 61 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 56 Authorised by the Chief Parliamentary Counsel that land for the purpose of any survey for the proposed alteration. (2) A notice under this section must contain the prescribed information and be accompanied by the approved consultation information (if required under section 68(3)(a)). 68E Licensee must seek agreement or consent to entry for survey If a licensee proposes to alter the authorised route of a pipeline under section 68, the licensee must take all reasonable steps to reach agreement with each owner and each occupier of land in relation to the entry by the licensee onto the land for the purpose of a survey for the proposed alteration. 68F Consent to entry onto Crown land (1) If a licensee proposes to alter the authorised route of a pipeline under section 68, the licensee must seek the consent of— (a) the Crown Land Minister to the entry by the licensee onto Crown land; or (b) the public authority in which Crown land is vested to the entry by the licensee onto that Crown land— for the purpose of a survey for the proposed alteration. (2) If an application is made under this section for consent, the Crown Land Minister or the public authority may consent to that entry despite anything to the contrary in any other Act. (3) A consent under this section must be in writing and may be given subject to any conditions that the Crown Land Minister or the public authority considers appropriate. s. 90 -- 62 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 57 Authorised by the Chief Parliamentary Counsel (4) The Crown Land Minister must not give a consent under this section in respect of wilderness Crown land. 68G Application where agreement for entry to land cannot be reached (1) A licensee may apply to the Minister for consent to enter land if— (a) the licensee wishes to enter the land for the purpose of a survey for a proposed alteration under section 68; and (b) the licensee has been unable to obtain the agreement of an owner or occupier of the land to do so within 14 days after notice of intention to enter the land was given to that owner or occupier under section 68D. (2) An application must be in writing and contain the following information— (a) evidence of the efforts made by the licensee to reach agreement with the owner or occupier; (b) details of the proposed survey activity; (c) details of any possible adverse impact of the survey on safety or the environment or the use of the land and any measures to be taken by the licensee to address that impact. (3) If the licensee has been unable to obtain the agreement of the occupier, an application cannot be made under this section for consent to enter Crown land unless the consent of the Crown Land Minister has first been obtained under section 68F. s. 90 -- 63 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 58 Authorised by the Chief Parliamentary Counsel 68H Notice to owners and occupiers of application The licensee must— (a) give a copy of an application under section 68G to each owner and occupier of the land to which the application relates; and (b) advise the owner or occupier of their right under section 68I to advise the Minister of their reasons for refusing entry. 68I Advice to Minister from owners and occupiers of land (1) An owner or occupier of land to which an application under section 68G relates may advise the Minister of their reasons for refusing to agree to the entry of the licensee onto the land for survey purposes. (2) An advice under subsection (1) must be in writing and must be made within 7 days after the owner or occupier receives the copy of the application under section 68H. 68J Minister may consent to entry onto land (1) Within 28 days after receiving an application under section 68G, the Minister must— (a) consent to the entry onto the land; or (b) refuse to consent to that entry. (2) In making a decision under this section, the Minister must take into account— (a) the information provided by the licensee; and (b) any advice received from an owner or occupier under section 68I; and s. 90 -- 64 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 59 Authorised by the Chief Parliamentary Counsel (c) any other matters the Minister thinks fit. (3) The Minister must not give a consent under this section unless the Minister is satisfied— (a) with the adequacy of the measures to be taken by the licensee to address any adverse impact of the survey on safety or the environment or the use of land; and (b) that the notice and approved consultation information (if required under section 68(3)(a)) were given to each owner and occupier of the land under section 68D; and (c) in the case of Crown land, that the Crown Land Minister has consented to the entry. (4) The Minister must not give a consent under this section in respect of wilderness Crown land. (5) A consent under this section must be in writing and— (a) may be given subject to any conditions that the Minister considers appropriate; and (b) in the case of Crown land, must be given subject to any conditions imposed in the consent given by the Crown Land Minister. (6) The Minister must notify the licensee in writing if the Minister refuses consent. s. 90 -- 65 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 60 Authorised by the Chief Parliamentary Counsel 68K Effect of consent (1) A consent under section 68F or 68J remains in force for 1 year after the day on which the consent is granted. (2) A licensee who obtains a consent under section 68J may, while the consent is in force, enter the land to which the consent applies. (3) Subject to subsection (4), a licensee who obtains a consent under section 68F may, while the consent is in force, enter the land to which the consent applies. (4) If there is a native title holder or occupier of Crown land to which a consent under section 68F applies, a licensee may only enter the land under this section if either— (a) any native title holder or occupier has agreed to that entry under section 68E; or (b) a consent under section 68J is in force permitting that entry. (5) The licensee must produce the relevant consent to the owner or occupier of the land before first entering the land under that consent. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 60 penalty units. (6) An entry under this section is subject to— (a) the conditions of the consent; and (b) the regulations.". s. 90 -- 66 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 61 Authorised by the Chief Parliamentary Counsel 91 New section 73 substituted For section 73 of the Pipelines Act 2005 substitute— "73 Application to consolidate licences The licensee may apply to the Minister to consolidate the licences in respect of each of the pipelines into one of those licences ("the ongoing licence") and to make any amendments to the ongoing licence that are necessary or expedient for the purposes of the consolidation.". 92 New section 77 substituted For section 77 of the Pipelines Act 2005 substitute— "77 Decision on application (1) If an application is made under section 73, the Minister may— (a) grant the application and consolidate the licences into the ongoing licence; and (b) make any amendments to the ongoing licence that are necessary or expedient for the purposes of the consolidation; and (c) include any additional conditions in the ongoing licence that the Minister considers necessary as a result of the consolidation; and (d) cancel any licence consolidated in the ongoing licence or, if only part of a pipeline is consolidated, amend a licence accordingly. (2) The Minister may refuse to consolidate one or more licences under this section.". s. 91 -- 67 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 62 Authorised by the Chief Parliamentary Counsel 93 When does the ongoing licence take effect? Section 78 of the Pipelines Act 2005 is repealed. 94 Purchase or acquisition of easements In the Pipelines Act 2005— (a) in section 89, after "A proponent" insert ", an applicant"; (b) in section 90— (i) in subsection (1), for "or licensee" substitute ", an applicant or a licensee"; (ii) in subsection (3), after "Part 4" insert "or Division 6 of Part 5"; (iii) in subsection (5), after "applicant" insert "for consent"; (c) in section 91(1), after "proponent" insert ", applicant"; (d) in the heading to section 92, after "Proponent" insert ", applicant"; (e) in section 92— (i) in subsection (1), after "proponent" insert ", applicant"; (ii) in subsection (3), after "proponent" insert ", applicant or licensee"; (iii) in subsection (5), after "proponent" (where twice occurring) insert ", applicant"; (f) in section 94(1) and (2), after "proponent" insert ", applicant". 95 Decision of Minister on acquisition of easements (1) In section 95(1)(a) and (1A) of the Pipelines Act 2005, after "proponent" (wherever occurring) insert ", applicant". s. 93 -- 68 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 63 Authorised by the Chief Parliamentary Counsel (2) For section 95(2) of the Pipelines Act 2005 substitute— "(2) The Minister must not consent to a compulsory acquisition of an easement by an applicant unless the Minister has decided to grant the licence to construct and operate the pipeline. (2A) The Minister must not consent to a compulsory acquisition of an easement by a licensee for the purpose of the alteration of the route of a pipeline unless the Minister has decided to grant the application for the proposed alteration.". (3) After section 95(3) of the Pipelines Act 2005 insert— "(3A) The Minister must within 28 days after the submission date for the application or the date of the decision to approve or refuse the significant alteration (whichever is the later)— (a) consent to the compulsory acquisition of the easement; or (b) refuse to consent to the acquisition.". 96 Construction to be along authorised route In section 99 of the Pipelines Act 2005 omit ", subject to deviation from that route within the limits of lateral deviation authorised by the Minister". 97 Restriction on building on land near pipeline In section 120 of the Pipelines Act 2005— (a) in subsection (3), for "Secretary" substitute "Minister"; (b) in subsection (4)(a), for "order" substitute "direction". s. 96 -- 69 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 64 Authorised by the Chief Parliamentary Counsel 98 New Division 4 inserted in Part 11 After Division 3 of Part 11 of the Pipelines Act 2005 insert— "Division 4—Infringements 183A Infringements (1) An inspector who has reason to believe that a person has committed an offence against this Act or the regulations that is prescribed as an infringement offence may serve an infringement notice on that person. (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (3) The infringement penalty in respect of an offence referred to in subsection (1) is the prescribed infringement penalty in respect of that offence.". 99 Pipelines Register In section 186(2) of the Pipelines Act 2005— (a) after paragraph (c) insert— "(ca) instruments for creating, assigning or affecting interests in, or conferred by, licences (including mortgages); and"; (b) for paragraph (d) substitute— "(d) instruments of alteration of the authorised route of a pipeline; and". s. 98 -- 70 of 73 -- Part 7—Pipelines Act 2005 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 65 Authorised by the Chief Parliamentary Counsel 100 New section 186B inserted After section 186A of the Pipelines Act 2005 insert— "186B Effect of registration (1) A document referred to in section 186(2) that is created on or after the commencement of this section (other than one referred to in paragraph (a), (ca) or (e)) has no effect until it is registered. (2) A document referred to in section 186(2)(ca) that is created on or after the commencement of this section is ineffective for creating, assigning or affecting any interest in or conferred by a licence, or for the devolution of a licence or any interest in or conferred by a licence, until it is registered.". 101 Panel hearings In clause 3(2) of Schedule 2 to the Pipelines Act 2005, for "proponent" substitute "applicant". __________________ s. 100 -- 71 of 73 -- Part 8—Repeal of Amending Act Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 66 Authorised by the Chief Parliamentary Counsel PART 8—REPEAL OF AMENDING ACT 102 Repeal of amending Act This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 102 -- 72 of 73 -- Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 No. 68 of 2014 67 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 6 August 2014 Legislative Council: 21 August 2014 The long title for the Bill for this Act was "A Bill for an Act to amend the Geothermal Energy Resources Act 2005, the Greenhouse Gas Geological Sequestration Act 2008, the Mineral Resources (Sustainable Development) Act 1990 and the Petroleum Act 1998 to prohibit the use of BTEX chemicals in hydraulic fracturing and to make other amendments to those Acts, to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2010 and the Pipelines Act 2005 and for other purposes." Endnotes -- 73 of 73 --