Crown land means land that is, or that is by any Act deemed to be, unalienated land of the Crown, and includes— (a) land of the Crown that is reserved permanently or temporarily by or under any Act; and (b) land of the Crown occupied by a person under a lease, licence or other right under this or any other Act— but does not include— (c) native title land that is not also wilderness Crown land; or (d) land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993; S. 4 def. of current authority holder inserted by No. 57/2009 s. 35(a). current authority holder means a holder of a primary authorisation; S. 4 def. of Department amended by Nos 56/2003 s. 11(Sch. item 14), 70/2013 s. 4(Sch. 2 item 34). Department means the Department of State Development, Business and Innovation; S. 4 def. of drilling authorisation area inserted by No. 57/2009 s. 35(a). drilling authorisation area means the area specified in a special drilling authorisation granted under Part 6A; gathering line has the meaning set out in section 82;
S. 4 def. of good oil-field practice repealed by No. 55/2010 s. 58. * * * * * S. 4 def. of hydraulic fracturing inserted by No. 8/2017 s. 8. hydraulic fracturing means the injection of a substance or substances into a bore under pressure for the purposes of stimulating a geological formation; improvement notice means a notice issued under section 216; inspector means a person authorised by the Minister under section 198 to act as an inspector; Native Title Act means the Native Title Act 1993 of the Commonwealth; native title land means land in which native title (within the meaning of the Native Title Act) may exist; S. 4 def. of offshore area inserted by No. 64/2012 s. 46(1). offshore area has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2010; S. 4 def. of offshore petroleum exploration permit inserted by No. 64/2012 s. 46(1). offshore petroleum exploration permit means a petroleum exploration permit within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2010; S. 4 def. of offshore petroleum production licence inserted by No. 64/2012 s. 46(1). offshore petroleum production licence means a petroleum production licence within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2010;
(3) Such a requirement must be made in writing and must allow the holder of the lease at least 90 days within which to make the application. (4) If the holder of the lease fails to comply with a requirement made under this section, the Minister may cancel the lease. Division 1—Rights conferred by licence 46 Rights conferred by licence A production licence authorises the holder of the licence, subject to and in accordance with the conditions of the licence— (a) to carry out petroleum production in the licence area; and (b) to carry out petroleum exploration in the licence area; and (c) to do any thing in the licence area that is necessary for, or incidental to, those purposes. Division 2—Issue of licences to holders of permits or leases 47 Right to apply for licence The holder of an exploration permit or a retention lease may apply to the Minister for the grant of a production licence in respect of any part of the permit or lease area on which the holder has discovered petroleum or a reservoir. 48 Details to be supplied with application
the reasonable incidental expenses incurred in obtaining that land. (5) If the Minister determines that compensation should be paid to a person referred to in subsection (2)(b), the Minister may increase the amount payable by up to 10% by way of solatium to compensate the person for intangible and disadvantages for which compensation is not otherwise payable and that result from the approval or the carrying out of the operation. (6) Compensation is not payable in respect of any land which only became Crown land after a petroleum operation under the authority started on that land. (7) Sections 129(4), (5) and (7) also apply to this section. 133 Time limit on compensation claims A claim for compensation for any loss or damage under section 129 by the owner or occupier of private land or under section 132 which is not the subject of an agreement between the relevant parties may be made at any time until the end of the period of 3 years— (a) after the loss or damage occurred; or (b) after the authority is surrendered or cancelled or expires— whichever is the earlier. 134 Determination of disputes—private/native title land pecuniary
(a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given. 136 Native Title Act rights prevail If— (a) the right to negotiate provisions of the Native Title Act have applied; or (b) an indigenous land use agreement within the meaning of the Native Title Act applies— in relation to native title land in respect of the approval, or the carrying out, of any petroleum operation, the provisions of this Act that provide for similar processes do not apply except to the extent that the parties otherwise agree in writing. Division 1—Wilderness Crown land 137 Petroleum operations on wilderness land barred (1) A person must not carry out any petroleum operation on wilderness Crown land. 240 penalty units.
21 days (or any shorter period that is agreed) written notice given to owner, occupier or person or body responsible for management of the land in accordance with section 128. An operation plan accepted by the Minister in accordance with section 161. Insurance obtained and maintained, as directed by the Minister, in accordance with section 171. A rehabilitation bond acceptable to the Minister obtained in accordance with section 173. Any petroleum operation on private land or native title land, except land owned by that person Consent of owners and occupiers of land; or compensation agreement entered into with owners and occupiers; or amount of compensation payable to owners and occupiers determined— in accordance with section 128. Any petroleum operation on land on which there is a public highway, road or street Written consent of the person or body responsible for the land in accordance with section 141. Column 1 Petroleum Operation Column 2 Requirement Significant operation as part of a petroleum operation on unrestricted Crown land Consultation with Minister responsible for the land in accordance with section 144. Any petroleum operation on restricted Crown land Written consent of the Minister responsible for the land in accordance with section 139.
181 Minister may require person to provide information on petroleum operation (1) This section applies if the Minister has reason to believe that a person has information, a document or a thing that relates to a petroleum operation. (2) The Minister may require the person— (a) to give the information, document or thing to the Minister within a specified time and in a specified form; or (b) to appear before a person specified by the Minister at a time and place specified by the Minister to answer questions relating to the petroleum operation or to produce the document or thing. (3) A requirement under subsection (2) must be made in writing. (4) A person— (a) must comply with any requirement made of her, him or it under subsection (2); and (b) must answer any question asked of her, him or it under subsection (2)(b); and (c) must produce any document or thing that she, he or it is asked to produce under subsection (2)(b). 120 penalty units. (5) A person is not excused from complying with subsection (4) on the ground that complying with that subsection might tend to incriminate her or him. (6) Any information, answer, document or thing given or produced by a person under this section is not admissible in any proceedings other than proceedings in respect of the falsity of the information, answer, document or thing.
(f) use any assistants the inspector considers necessary to exercise the powers conferred by this section. (2) An inspector may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of determining compliance with this Act or in connection with the issue of a prohibition notice under section 217. (3) An inspector may not continue to exercise any powers under this section if she or he fails to produce, on request, her or his identity card for inspection by the occupier of the land. (4) An inspector may not, under this section, enter a residence for the purpose of determining compliance with this Act unless the occupier of the residence has consented in writing to the entry and the carrying out of a search. 200 Emergencies (1) If an inspector reasonably believes that it is necessary to do so because of the existence, on any premises that the inspector believes have been, are being, or are to be, used in connection with a petroleum operation, of an immediate risk— S. 200(1)(a) substituted by No. 55/2010 s. 62. (a) to any member of the public; or (b) that property may be seriously damaged; or (c) that significant damage may occur to the environment; or
225 Certain offences by corporations may also be offences by officers (1) This section applies if— (a) an offence is committed against this Act by a corporation; and (b) the offence is proved to have been committed at the instigation of, or with the consent or connivance of, or to have been attributable to any wilful neglect on the part of, an officer of the corporation. (2) The officer is also guilty of the offence and is liable to the penalty for that offence. 226 Offences by partners (1) This section applies if a person holds an authority in partnership with one or more other people. (2) The person is also guilty of any offence against this Act that its partner or partners are found guilty of in acting, or purporting to act, on behalf of the partnership, and is liable to the penalty for that offence. 227 Offences by joint venturers (1) This section applies if a person holds an authority as part of a joint venture with one or more other people. (2) The person is also guilty of any offence against this Act that the other person is, or that the other people are, found guilty of in acting, or purporting to act, on behalf of the joint venture, and is liable to the penalty for that offence.