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Queensland
MINERAL RESOURCES AND
ANOTHER ACT AMENDMENT
BILL 2003
Queensland
MINERAL RESOURCES AND ANOTHER
ACT AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF MINERAL RESOURCES ACT 1989
2 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Insertion of new pt 18A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 18A--INTERIM RESTRICTION FOR OVERLAPPING MINING
LEASE APPLICATIONS
Division 1--Interpretation
722A Definitions for pt 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
722B Meaning of "overlapping mining lease application" . . . . . . . . . . . . . 6
Division 2--Demonstrated petroleum deposits
722C Meaning of "demonstrated petroleum deposit" . . . . . . . . . . . . . . . . . 6
722D Requirement for petroleum lease applicant or authority to
prospect holder to supply information . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 3--Interim restriction
722E Interim restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
722F No compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 4--Expiry
722G Expiry of pt 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 3--AMENDMENT OF PETROLEUM ACT 1923
4 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 Insertion of new pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 10--INTERIM RESTRICTION FOR OVERLAPPING
PETROLEUM LEASE APPLICATIONS
2
Mineral Resources and Another Act Amendment Bill
2003
Division 1--Interpretation
151 Definitions for pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
152 Meaning of "overlapping petroleum lease application" . . . . . . . . . . 12
Division 2--Demonstrated coal and oil shale deposits
153 Meaning of "demonstrated coal deposit". . . . . . . . . . . . . . . . . . . . . . 13
154 Meaning of "demonstrated oil shale deposit" . . . . . . . . . . . . . . . . . . 13
155 Requirement for mining lease or mineral development licence
applicant or exploration permit holder, to supply information . . . . . 14
Division 3--Interim restriction
156 Interim restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
157 No compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 4--Expiry
158 Expiry of pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2003
A BILL
FOR
An Act to amend the Mineral Resources Act 1989 and the Petroleum Act
1923
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Mineral Resources and Another Act Amendment Bill
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The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Mineral Resources and Another Act
Amendment Act 2003. 4
PART 2--AMENDMENT OF MINERAL RESOURCES 5
ACT 1989 6
2 Act amended in pt 2
Clause 7
This part amends the Mineral Resources Act 1989. 8
3 Insertion of new pt 18A
Clause 9
After section 722-- 10
insert-- 11
`PART 18A--INTERIM RESTRICTION FOR 12
OVERLAPPING MINING LEASE APPLICATIONS 13
`Division 1--Interpretation 14
`722A Definitions for pt 18A 15
`In this part-- 16
"authority to prospect" means an authority to prospect under the 17
Petroleum Act 1923. 18
"demonstrated petroleum deposit" see section 722C. 19
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"mining lease (coal)" means a mining lease for coal, whether or not the 1
lease specifies any other mineral to be mined, and whether or not the 2
lease is for any additional purpose. 3
"mining lease (oil shale)" means a mining lease for oil shale, whether or 4
not the lease specifies any other mineral to be mined, and whether or 5
not the lease is for any additional purpose. 6
"overlapping mining lease application" see section 722B. 7
"petroleum" see Petroleum Act 1923, section 2. 8
"petroleum documents" means the following documents as published by 9
the Society of Petroleum Engineers1-- 10
(a) `Petroleum resource classifications and definitions'; 11
(b) `Petroleum reserves definitions'; 12
(c) `Standards pertaining to the estimating and auditing of oil and 13
gas reserve information'. 14
"petroleum lease" means a petroleum lease under the Petroleum Act 1923. 15
"prescribed day" means-- 16
(a) 1 July 2004; or 17
(b) an earlier day prescribed under a regulation. 18
"relevant code" means-- 19
(a) the petroleum documents, as in force from time to time, 20
including through amendment or replacement; or 21
(b) if the petroleum documents stop being available as a published 22
code--another document, as in force from time to time, that is-- 23
(i) published for purposes similar to the purposes for which the 24
petroleum documents were published; and 25
(ii) prescribed under a regulation. 26
"specific purpose mining lease (coal)" means a mining lease, other than a 27
mining lease (coal), granted under section 234(1)(b), if the purposes 28
for which it is granted include a purpose that is associated with, arises 29
from or promotes the activity of coal mining. 30
1 See http://www.spe.org/spe/jsp/basic/0,2396,1104_1730_0,00.html
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"specific purpose mining lease (oil shale)" means a mining lease, other 1
than a mining lease (oil shale), granted under section 234(1)(b), if the 2
purposes for which it is granted include a purpose that is associated 3
with, arises from or promotes the activity of oil shale mining. 4
`722B Meaning of "overlapping mining lease application" 5
`(1) An application for the grant of a mining lease is an "overlapping 6
mining lease application" if-- 7
(a) the mining lease applied for is a mining lease (coal), a mining 8
lease (oil shale), a specific purpose mining lease (coal) or a 9
specific purpose mining lease (oil shale); and 10
(b) land the subject of the application includes land that is also the 11
subject of-- 12
(i) a petroleum lease; or 13
(ii) an application for the grant of a petroleum lease; or 14
(iii) an authority to prospect. 15
`(2) For subsection (1)(b), land is taken to be the subject of an 16
application for the grant of a petroleum lease or an authority to prospect 17
only to the extent of-- 18
(a) any deposit of petroleum that is a demonstrated petroleum 19
deposit; and 20
(b) a buffer area of 1km around the external boundary of the deposit. 21
`Division 2--Demonstrated petroleum deposits 22
`722C Meaning of "demonstrated petroleum deposit" 23
`A deposit of petroleum is a "demonstrated petroleum deposit" if, in 24
the opinion of the Minister-- 25
(a) the deposit is, under the relevant code-- 26
(i) a low or best estimate contingent resource; or 27
(ii) a reserve; and 28
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(b) the location, quantity, quality, geological characteristics and 1
continuity of the deposit are known, or have been estimated or 2
interpreted, from specific geological evidence and knowledge; 3
and 4
(c) there are reasonable prospects for the eventual economic 5
production of the deposit. 6
`722D Requirement for petroleum lease applicant or authority to 7
prospect holder to supply information 8
`(1) This section applies if it appears to the Minister that an application 9
for the grant of a mining lease is an overlapping mining lease application 10
because of section 722B(1)(a) and (b)(ii) or (iii). 11
`(2) The Minister may give a written notice to the applicant for the 12
petroleum lease, or the holder of the authority to prospect, requiring the 13
applicant or holder to give the Minister, in the way the Minister reasonably 14
requires, relevant information for the land that-- 15
(a) is the subject of-- 16
(i) the application for the grant of the petroleum lease; or 17
(ii) the authority to prospect; and 18
(b) is also the subject of the application for the grant of the mining 19
lease. 20
`(3) The applicant or holder must comply with the requirement within 21
30 business days after receiving the written notice. 22
`(4) Without limiting subsection (3), the conditions applying under the 23
Petroleum Act 1923 to an authority to prospect are taken to include a 24
condition that the holder of the authority must comply with subsection (3). 25
`(5) In forming an opinion, for section 722C, about whether a deposit of 26
petroleum is a demonstrated petroleum deposit, the Minister may have 27
regard to, but is not limited to having regard to, information obtained from 28
an applicant or holder under this section. 29
`(6) In this section-- 30
"relevant information", for land, means information about the existence 31
and extent of any resource or reserve of petroleum, estimated in 32
accordance with the relevant code, to the extent the resource or 33
reserve is included in the land. 34
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`Division 3--Interim restriction 1
`722E Interim restriction 2
`(1) The Minister must not, before the prescribed day, recommend to the 3
Governor in Council under section 271(1)(a) that a mining lease be granted 4
if the application for the grant of the mining lease is an overlapping mining 5
lease application. 6
`(2) However, subsection (1)-- 7
(a) does not stop the taking of any of the actions, before the 8
prescribed day, that are required to be taken under this Act before 9
the Minister can recommend that the mining lease be granted; 10
and 11
(b) does not stop the Minister from recommending to the Governor 12
in Council that the mining lease be granted if the relevant person 13
gives written consent to the Minister recommending the granting 14
of the lease.2 15
`(3) In this section-- 16
"relevant person" means-- 17
(a) if the application for the grant of the mining lease is an 18
overlapping mining lease application because of 19
section 722B(1)(a) and (b)(i)--the lessee under the petroleum 20
lease; or 21
(b) if the application for the grant of the mining lease is an 22
overlapping mining lease application because of 23
section 722B(1)(a) and (b)(ii)--the applicant for the petroleum 24
lease; or 25
(c) if the application for the grant of the mining lease is an 26
overlapping mining lease application because of 27
section 722B(1)(a) and (b)(iii)--the holder of the authority to 28
prospect. 29
2 For abandonment of the application, in whole or in part, see section 307
(Abandonment of application for the grant of a mining lease).
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Mineral Resources and Another Act Amendment Bill
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`722F No compensation 1
`(1) No compensation is payable to any person because of the operation 2
of section 722E. 3
`(2) Subsection (1) applies despite any other provision of this Act and 4
despite any other Act or law. 5
`Division 4--Expiry 6
`722G Expiry of pt 18A 7
`This part expires at the beginning of the prescribed day.'. 8
PART 3--AMENDMENT OF PETROLEUM ACT 1923 9
4 Act amended in pt 3
Clause 10
This part amends the Petroleum Act 1923. 11
5 Insertion of new pt 10
Clause 12
After section 150-- 13
insert-- 14
`PART 10--INTERIM RESTRICTION FOR 15
OVERLAPPING PETROLEUM LEASE APPLICATIONS 16
`Division 1--Interpretation 17
`151 Definitions for pt 10 18
`In this part-- 19
"Bowen Basin" means land within the area bounded by-- 20
(a) to the North--latitude 20�00'00" south; and 21
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Mineral Resources and Another Act Amendment Bill
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(b) to the South--latitude 25�30'00" south; and 1
(c) to the East--longitude 150�15'00" east; and 2
(d) to the West--longitude 147�30'00" east. 3
"demonstrated coal deposit" see section 153. 4
"demonstrated oil shale deposit" see section 154. 5
"exploration permit" means an exploration permit under the Mineral 6
Resources Act 1989. 7
"exploration permit (coal)" means an exploration permit for which either 8
of the following applies-- 9
(a) the mineral the subject of the permit is coal; 10
(b) the minerals the subject of the permit include coal. 11
"exploration permit (oil shale)" means an exploration permit for which 12
either of the following applies-- 13
(a) the mineral the subject of the permit is oil shale; 14
(b) the minerals the subject of the permit include oil shale. 15
"JORC code" means the `Australasian code for reporting of mineral 16
resources and ore reserves', and incorporated guidelines, as published 17
by the Joint Ore Reserves Committee of the Australasian Institute of 18
Mining and Metallurgy, the Australian Institute of Geoscientists and 19
the Minerals Council of Australia.3 20
"mineral development licence" means a mineral development licence 21
under the Mineral Resources Act 1989. 22
"mineral development licence (coal)" means a mineral development 23
licence for which either of the following applies-- 24
(a) the mineral the subject of the licence is coal; 25
(b) the minerals the subject of the licence include coal. 26
"mineral development licence (oil shale)" means a mineral development 27
licence for which either of the following applies-- 28
(a) the mineral the subject of the licence is oil shale; 29
(b) the minerals the subject of the licence include oil shale. 30
3 See http://www.jorc.org
s5 11 s5
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"mining lease" means a mining lease under the Mineral Resources Act 1
1989. 2
"mining lease (coal)" means a mining lease for coal, whether or not the 3
lease specifies any other mineral to be mined, and whether or not the 4
lease is for any other purpose. 5
"mining lease (oil shale)" means a mining lease for oil shale, whether or 6
not the lease specifies any other mineral to be mined, and whether or 7
not the lease is for any other purpose. 8
"overlapping petroleum lease application" see section 152. 9
"prescribed day" means-- 10
(a) 1 July 2004; or 11
(b) an earlier day prescribed under a regulation. 12
"relevant code" means-- 13
(a) the JORC code, as in force from time to time, including through 14
amendment or replacement; or 15
(b) if the JORC code stops being available as a published 16
code--another document, as in force from time to time, that is-- 17
(i) published for purposes similar to the purposes for which the 18
JORC code was published; and 19
(ii) prescribed under a regulation. 20
"specific purpose mining lease (coal)" means a mining lease, other than a 21
mining lease (coal), granted under the Mineral Resources Act 1989, 22
section 234(1)(b), if the purposes for which it is granted include a 23
purpose that is associated with, arises from or promotes the activity of 24
coal mining. 25
"specific purpose mining lease (oil shale)" means a mining lease, other 26
than a mining lease (oil shale), granted under the Mineral Resources 27
Act 1989, section 234(1)(b), if the purposes for which it is granted 28
include a purpose that is associated with, arises from or promotes the 29
activity of oil shale mining. 30
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`152 Meaning of "overlapping petroleum lease application" 1
`(1) An application for the grant of a petroleum lease is an "overlapping 2
petroleum lease application" if the land the subject of the application 3
includes any land that is also the subject of-- 4
(a) a mining lease (coal) or a mining lease (oil shale); or 5
(b) an application for the grant of a mining lease (coal) or for the 6
grant of a mining lease (oil shale); or 7
(c) an application for the grant of a specific purpose mining lease 8
(coal) or for the grant of a specific purpose mining lease (oil 9
shale); or 10
(d) a mineral development licence (coal) or a mineral development 11
licence (oil shale); or 12
(e) an application for the grant of a mineral development licence 13
(coal) or for the grant of a mineral development licence (oil 14
shale); or 15
(f) an exploration permit (coal) or an exploration permit (oil shale). 16
`(2) For subsection (1), land is taken to be the subject of an application 17
for the grant of a mining lease (coal), of an application for the grant of a 18
mineral development licence (coal) or of an exploration permit (coal), only 19
to the extent of-- 20
(a) any deposit of coal that is a demonstrated coal deposit; and 21
(b) a buffer area of 1km around the external boundary of the deposit. 22
`(3) For subsection (2), if the land is not included in the Bowen Basin, 23
the reference to a demonstrated coal deposit is a reference to a 24
demonstrated coal deposit to the extent the deposit is at a depth of 100 m or 25
less from the surface of the land. 26
`(4) For subsection (1), land is taken to be the subject of an application 27
for the grant of a mining lease (oil shale), of an application for the grant of 28
a mineral development licence (oil shale) or of an exploration permit (oil 29
shale), only to the extent of-- 30
(a) any deposit of oil shale that is a demonstrated oil shale deposit; 31
and 32
(b) a buffer area of 1km around the external boundary of the deposit. 33
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`Division 2--Demonstrated coal and oil shale deposits 1
`153 Meaning of "demonstrated coal deposit" 2
`A deposit of coal is a "demonstrated coal deposit" if, in the opinion of 3
the Minister-- 4
(a) the deposit is, under the relevant code-- 5
(i) an indicated resource; or 6
(ii) a measured resource; or 7
(iii) a reserve; and 8
(b) the location, quantity, quality, geological characteristics and 9
continuity of the deposit are known, or have been estimated or 10
interpreted, from specific geological evidence and knowledge; 11
and 12
(c) there are reasonable prospects for the eventual economic mining 13
of the deposit. 14
`154 Meaning of "demonstrated oil shale deposit" 15
`A deposit of oil shale is a "demonstrated oil shale deposit" if, in the 16
opinion of the Minister-- 17
(a) the deposit is, under the relevant code-- 18
(i) an indicated resource; or 19
(ii) a measured resource; or 20
(iii) a reserve; and 21
(b) the location, quantity, quality, geological characteristics and 22
continuity of the deposit are known, or have been estimated or 23
interpreted, from specific geological evidence and knowledge; 24
and 25
(c) there are reasonable prospects for the eventual economic mining 26
of the deposit. 27
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`155 Requirement for mining lease or mineral development licence 1
applicant or exploration permit holder, to supply information 2
`(1) This section applies if it appears to the Minister that an application 3
for the grant of a petroleum lease may be an overlapping petroleum lease 4
application because of section 152(1)(b), (e) or (f). 5
`(2) The Minister may give a written notice to the applicant for the 6
mining lease, the applicant for the mineral development licence or the 7
holder of the exploration permit, requiring the applicant or holder to give 8
the Minister, in the way the Minister reasonably requires, relevant 9
information for the land that-- 10
(a) is the subject of-- 11
(i) the application for the grant of the lease or mineral 12
development licence; or 13
(ii) the exploration permit; and 14
(b) is also the subject of the application for the grant of the 15
petroleum lease. 16
`(3) The applicant or holder must comply with the requirement within 17
30 business days after receiving the written notice. 18
`(4) Without limiting subsection (3), the conditions applying under the 19
Mineral Resources Act 1989 to an exploration permit (coal) or an 20
exploration permit (oil shale) are taken to include a condition that the 21
holder of the exploration permit must comply with subsection (3). 22
`(5) In forming an opinion, for section 153 or 154, about whether a 23
deposit of coal is a demonstrated coal deposit, or about whether a deposit 24
of oil shale is a demonstrated oil shale deposit, the Minister may have 25
regard to, but is not limited to having regard to, information obtained from 26
an applicant or holder under this section. 27
`(6) In this section-- 28
"relevant information", for land, means information about the existence 29
and extent of any resource or reserve of coal or oil shale, estimated in 30
accordance with the relevant code, to the extent the resource or 31
reserve is included in the land. 32
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`Division 3--Interim restriction 1
`156 Interim restriction 2
`(1) The Governor in Council must not, before the prescribed day, grant 3
a petroleum lease under section 40 or 42 if the application for the grant of 4
the petroleum lease is an overlapping petroleum lease application. 5
`(2) Subsection (1) applies-- 6
(a) despite any entitlement a person may have under section 40 or 42 7
to the grant to the person of the petroleum lease; and 8
(b) despite any requirement the Governor in Council would 9
otherwise have under section 40 or 42 to grant the petroleum 10
lease. 11
`(3) However, subsection (1)-- 12
(a) does not stop the taking of any of the actions, before the 13
prescribed day, that are required to be taken under this Act before 14
the petroleum lease can be granted; and 15
(b) does not stop the Governor in Council from granting the 16
petroleum lease if the relevant person gives written consent to the 17
granting of the lease. 18
`(4) If, under subsection (1), a petroleum lease is not able to be granted 19
under section 40 because the application for the grant of the petroleum 20
lease is an overlapping petroleum lease application, the applicant for the 21
grant of the petroleum lease may amend the application to exclude any area 22
causing the application to be an overlapping petroleum lease application. 23
`(5) In this section-- 24
"relevant person" means-- 25
(a) if the application for the grant of the petroleum lease is an 26
overlapping petroleum lease application because of 27
section 152(1)(a)--the holder of the mining lease; or 28
(b) if the application for the grant of the petroleum lease is an 29
overlapping petroleum lease application because of 30
section 152(1)(b)--the applicant for the mining lease; or 31
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(c) if the application for the grant of the petroleum lease is an 1
overlapping petroleum lease application because of 2
section 152(1)(c)--the applicant for the mining lease; or 3
(d) if the application for the grant of the petroleum lease is an 4
overlapping petroleum lease application because of 5
section 152(1)(d)--the holder of the mineral development 6
licence; or 7
(e) if the application for the grant of the petroleum lease is an 8
overlapping petroleum lease application because of 9
section 152(1)(e)--the applicant for the mineral development 10
licence; or 11
(f) if the application for the grant of the petroleum lease is an 12
overlapping petroleum lease application because of 13
section 152(1)(f)--the holder of the exploration permit. 14
`157 No compensation 15
`(1) No compensation is payable to any person because of the operation 16
of section 156. 17
`(2) Subsection (1) applies despite any other provision of this Act and 18
despite any other Act or law. 19
`Division 4--Expiry 20
`158 Expiry of pt 10 21
`This part expires at the beginning of the prescribed day.'. 22
� State of Queensland 2003
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