Queensland Numbered Acts

MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 121

Chapter 15—

insert—

'In this part—

amending Act means the Mines Legislation (Streamlining) Amendment Act 2012.

commencement means the commencement of the section in which the term is used.

former, for a provision of this Act, means the provision as in force before the commencement of the section in which the term is used.

'(1) This section applies if—

(a) land in a petroleum authority's area was taken under a resumption law before the commencement; and

(b) at the commencement, the entity taking the land has not taken action indicating the petroleum authority was extinguished (wholly or partly) when the land was taken.

Examples of action for paragraph (b)—

serving a copy of the resumption notice for the taking of the land on the petroleum authority holder (in the holder's capacity as the holder of the authority)

entering into an agreement under the ALA, section 15 with the petroleum authority holder for the taking of the land

negotiating, or taking other action relating to, the compensation payable to the petroleum authority holder for the taking of the land

paying compensation to the petroleum authority holder for the taking of the land

arranging for the taking of the land to be recorded in the petroleum register against the petroleum authority

'(2) The taking of the land did not extinguish (wholly or partly) the petroleum authority or any other petroleum interest relating to the authority.

'(3) Subsection (2) does not affect the ending of a petroleum interest (wholly or partly) in any other way, including, for example—

(a) by the entity taking the land acquiring the petroleum interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or

(b) by the petroleum interest holder surrendering the interest (wholly or partly) under this Act.

'(1) This section applies if—

(a) before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a petroleum authority's area; and

(b) at the commencement, the land had not been taken under the resumption law.

'(2) If the land is taken other than by taking or otherwise creating an easement, sections 30AA to 30AD apply in relation to the taking, except that the resumption notice for the taking may provide for the extinguishment of a petroleum interest on the taking even if the notice of intention to resume does not comply with section 30AA(8).

'(3) If the land is taken by taking or otherwise creating an easement, section 30AD applies in relation to the taking.

'(1) This section applies if, before the commencement, the holder of a petroleum lease had started constructing or operating a water pipeline under former section 110.

'(2) Former section 110 continues to apply to the holder of the relevant lease until 1 year after the commencement as if the amending Act had not commenced.

'(1) This section applies if, before the commencement, a pipeline licence holder has obtained the written permission of the owner of land to enter the land to construct and operate a pipeline the subject of the licence.

'(2) Section 399A(2)(b) does not apply to the owner's successors and assigns for the land.

'(1) This section applies to a 1923 Act ATP application mentioned in section 889.

'(2) An authority to prospect granted under chapter 2, part 1, division 2 before the commencement is taken to be, and to have always been, validly granted as if the closing time for the call for tenders for the authority was the day before the authority was granted.

'(1) Sections 910 and 912, as amended under the amending Act, apply to a grant application that was made, but not decided, before the commencement.

'(2) In this section—

grant application see section 908.'.