Petroleum Act 1923

This Act may be cited as the Petroleum Act 1923.

This section does not apply to a coal or oil shale mining tenement.

Notes—

1 For provisions for coal seam gas, see part 6F.

2 For the relationship between the Mineral Resources Act and the 2004 Act, see the Mineral Resources Act, section 3A.

Subject to subsections (3) to (6), the Mineral Resources Act does not limit or otherwise affect—

the power under this Act to grant or renew a lease or renew an authority to prospect over land (the overlapping land) in the area of a mining tenement under the Mineral Resources Act; or

a lease or authority to prospect already granted under this Act over land (also the overlapping land) in the area of an existing mining tenement.

If the mining tenement is a mining lease (other than a transportation mining lease), an authorised activity for the authority to prospect or lease under this Act may be carried out on the overlapping land only if—

the mining lease holder has agreed in writing to the carrying out of the activity; and

a copy of the agreement has been lodged; andNote—For other relevant provisions about lodging documents, see part 9, division 1A.

the agreement is still in force.

If the mining tenement is an exploration permit, mineral development licence or transportation mining lease, an authorised activity for the authority to prospect may be carried out on the overlapping land only if—

the mining tenement holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or

carrying out the activity does not adversely affect the carrying out of an authorised activity for the tenement that has already started.

If the mining tenement is an exploration permit or a mineral development licence and the overlapping land is in the area of the lease under this Act, an authorised activity for the mining tenement may be carried out on the overlapping land only if—

the lessee has agreed in writing to the carrying out of the activity; and

a copy of the agreement has been lodged; and

the agreement is still in force.

In this section—transportation mining lease means a mining lease granted under the Mineral Resources Act, section 316.

This Act is subject to the Nature Conservation Act 1992, sections 27 and 70QA.

The relationship between this Act, the Geothermal Energy Act 2010 (the Geothermal Act) and the Greenhouse Gas Storage Act 2009 (the GHG storage Act) and authorities under them is provided for under—

section 40(1A) and part 6FA; and

the Geothermal Act, chapter 5; and

the GHG storage Act, chapter 4.

The relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act, section 6.

A 1923 Act petroleum tenure is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

To the extent necessary to give operation and effect to the provisions of the Amoco Australia Pty. Limited Agreement Act 1961, and the agreement to which that Act relates, and to ensure that no provision of this Act shall affect or prejudice in any way that Act or that agreement, it is hereby declared that every provision of this Act shall be read subject to the Amoco Australia Pty. Limited Agreement Act 1961, and the agreement to which that Act relates.

If there is an inconsistency between a provision of this Act and the National Gas (Queensland) Law, the Law prevails to the extent of the inconsistency.

This Act applies to land and land covered by water that is seaward of the coastline of the State at mean low water and landward of the inner limit of the territorial sea of Australia.

The following persons shall be qualified to apply for and hold a 1923 Act petroleum tenure, namely—

any natural person;

a company or registered body under the Corporations Act;

any government owned corporation;

any lawful association of the abovementioned persons.

Notwithstanding anything to the contrary contained in any Act or in any grant, instrument of title, or other document, it is hereby declared that petroleum on or below the surface of all land in Queensland, whether alienated in fee simple or not so alienated from the Crown, and if so alienated whensoever alienated, is and always has been the property of the Crown.

All grants, leases, licences, and other instruments of tenure under any Act relating to unallocated State land, other than leases under this Act, issued after the passing of this Act shall contain a reservation of all petroleum on or below the surface of the land comprised therein, and also a reservation of all rights of access for the purpose of searching for and for the operations of obtaining petroleum in any part of the land, and all rights of way for access and for pipelines and other purposes requisite for obtaining and conveying petroleum in the event of petroleum being obtained in any part of the land.

hdg prec s 26 om 1995 No. 22 s 3 sch