Petroleum and Gas (Production and Safety) Act 2004

This Act may be cited as the Petroleum and Gas (Production and Safety) Act 2004.

Section 968, to the extent it inserts part 19, division 6, subdivisions 1 and 2 in the Mineral Resources Act commences on the date of assent.

Otherwise, this Act commences on a day to be fixed by proclamation.

The main purpose of this Act is to facilitate and regulate the carrying out of responsible petroleum activities and the development of a safe, efficient and viable petroleum and fuel gas industry, in a way that—

manages the State’s petroleum resources—

in a way that has regard to the need for ecologically sustainable development; and

for the benefit of all Queenslanders; and

enhances knowledge of the State’s petroleum resources; and

creates an effective and efficient regulatory system for the carrying out of petroleum activities and the use of petroleum and fuel gas; and

encourages and maintains an appropriate level of competition in the carrying out of petroleum activities; and

creates an effective and efficient regulatory system for the construction and operation of pipelines; and

ensures petroleum activities are carried on in a way that minimises conflict with other land uses; and

optimises coal seam gas production and coal or oil shale mining in a safe and efficient way; and

appropriately compensates owners or occupiers of land; and

encourages responsible land management in the carrying out of petroleum activities; and

facilitates constructive consultation with people affected by activities authorised under this Act; and

regulates and promotes the safety of persons in relation to operating plant.

In this section—petroleum activities means—

the exploration, distillation, production, processing, refining, storage and transport of petroleum; and

the distillation, production, processing, refining, storage and transport of fuel gas; and

authorised activities for petroleum authorities; and

other activities authorised under this Act for petroleum authorities.

Other purposes of this Act are—

to facilitate the operation of the Geothermal Energy Act 2010 (the Geothermal Act) and the Greenhouse Gas Storage Act 2009 (the GHG storage Act); and

to facilitate and regulate, as a key authorised activity for pipeline licences, the construction and operation of pipelines for regulated hydrogen in a way that is safe, effective and efficient.

The Geothermal Act is facilitated by—

applying provisions of this Act about safety to particular authorised activities for geothermal tenures under that Act; and

applying provisions of this Act about investigations and some of its provisions about enforcement for that Act.

The GHG storage Act is facilitated by—

providing for survey licences to be able to be granted for potential pipelines for GHG streams; and

providing for pipeline licences to be able to granted for GHG streams; and

applying provisions of this Act about safety to particular authorised activities for authorities under that Act; and

applying provisions of this Act about investigations and some of its provisions about enforcement for that Act.

This Act binds all persons, including the State, and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State.

However, this Act does not apply to the adjacent area under the Petroleum (Submerged Lands) Act 1982.

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

Note—See also the Mineral Resources Act, section 3A (Relationship with petroleum legislation).For the relationship between this Act and the Mineral Resources Act in relation to coal or oil shale mining tenements, see chapter 3 (Provisions for coal seam gas).

The Mineral Resources Act does not limit or otherwise affect—

the power to grant or renew a petroleum authority over land (the overlapping land) in the area of a mining tenement; or

a petroleum authority already granted over land (also the overlapping land) in the area of an existing mining tenement.

However—

if the petroleum authority is a pipeline licence or petroleum facility licence—it is subject to section 400 or 440; and

if the petroleum authority is another type of petroleum authority—it is subject to subsections (4) to (6).

If the mining tenement is a mining lease (other than a transportation mining lease), an authorised activity for the petroleum authority 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 section 851AA.

the agreement is still in force.

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

the petroleum lease holder 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 Act and the GHG storage Act and authorities under them is provided for under—

chapter 3A; 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 petroleum authority is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

Subject to sections 294, 563A and 856 and chapter 3, part 8, this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

In addition, a breach of an obligation under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy.

This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.