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Queensland
Mines and Energy Legislation
Amendment Bill 2009
Queensland
Mines and Energy Legislation
Amendment Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Coal Mining Safety and Health Act 1999
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 6 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 7 (How objects are to be achieved) . . . . . . . . . . 9
6 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 5A Commissioner for Mine Safety and Health
Division 1 Establishment and appointment of
commissioner
73A Appointment of commissioner . . . . . . . . . . . . . . . . . . 9
73B Qualifications for appointment . . . . . . . . . . . . . . . . . . 9
73C Commissioner's functions. . . . . . . . . . . . . . . . . . . . . . 10
73D Commissioner's powers . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2 Report by commissioner
73E Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7 Amendment of s 77 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . 10
8 Amendment of s 78 (Membership of council). . . . . . . . . . . . . . . . 11
9 Amendment of s 255 (Proceedings for offences) . . . . . . . . . . . . . 11
10 Amendment of s 257 (Limitation on time for starting
proceedings) ................................... 11
11 Insertion of new ss 275AA and 275AB. . . . . . . . . . . . . . . . . . . . . 12
275AA Protection from reprisal . . . . . . . . . . . . . . . . . . . . . . . 12
275AB Damages entitlement for reprisal . . . . . . . . . . . . . . . . 12
12 Amendment of s 276 (Protection from liability). . . . . . . . . . . . . . . 13
Mines and Energy Legislation Amendment Bill 2009
Contents
13 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 3 Amendment of Electricity Act 1994
14 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Omission of ch 4, pt 2, div 1 (Provisions for Mount
Isa-Cloncurry supply network) . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Amendment of s 130 (Governor in Council may authorise
regulator to take over operation of relevant operations) . . . . . . . . 14
17 Amendment of s 135AJ (Who are the baseline customers of a
power station) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
18 Amendment of s 135D (Information notice about decision) . . . . . 15
19 Amendment of s 135DD (Adjustment for other customer
transfers) ..................................... 15
20 Amendment of s 135FR (Operation of sdiv 1) . . . . . . . . . . . . . . . 15
21 Amendment of s 135FS (Retailer) . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Amendment of s 135FT (Special approval holder) . . . . . . . . . . . . 16
23 Amendment of s 135FW (Wholesale purchaser from spot
market) ....................................... 16
24 Amendment of s 135JU (Obligation of State to indemnify
particular information-givers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
25 Insertion of new ch 14, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 9 Transitional provision for Mines and Energy
Legislation Amendment Act 2009
326 Existing distribution service pricing for Mount
Isa-Cloncurry supply network . . . . . . . . . . . . . . . . . . 16
26 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 4 Amendment of Electricity--National Scheme (Queensland)
Act 1997
27 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
28 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 19
29 Insertion of new pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 3 Mount Isa-Cloncurry supply network
10 Economic regulation of Mount Isa-Cloncurry supply
network from 1 July 2010 . . . . . . . . . . . . . . . . . . . . . . 19
11 Law to be construed not to exceed legislative power
of Legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 5 Amendment of Explosives Act 1999
30 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Replacement of s 118 (Proceeding for offence) . . . . . . . . . . . . . . 21
118 Proceeding for offence . . . . . . . . . . . . . . . . . . . . . . . . 21
Page 2
Mines and Energy Legislation Amendment Bill 2009
Contents
32 Insertion of new ss 126A and 126B . . . . . . . . . . . . . . . . . . . . . . . 21
126A Protection from reprisal . . . . . . . . . . . . . . . . . . . . . . . 21
126B Damages entitlement for reprisal . . . . . . . . . . . . . . . . 22
33 Amendment of s 127 (Protection from liability). . . . . . . . . . . . . . . 22
34 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 6 Amendment of Gas Supply Act 2003
35 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
36 Amendment of s 3 (Main purposes of Act) . . . . . . . . . . . . . . . . . . 24
37 Amendment of s 57 (Conditions for amendment, cancellation
or suspension) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
38 Amendment of s 181 (Conditions for amendment, cancellation
or suspension) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
39 Amendment of s 204 (Standard retail contract for particular
small customers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
40 Amendment of s 207 (Ending of standard retail contract) . . . . . . 25
41 Amendment of s 248 (Regulation may provide for scheme). . . . . 25
42 Amendment of s 254 (Minister's power to give directions while
declaration in force) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
43 Omission of ch 4A (Gas retail market operator) . . . . . . . . . . . . . . 25
44 Amendment of s 270B (Specific matters for which code may
provide) ......................................... 26
45 Insertion of new s 289A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
289A Restriction on providing gas retail market services . . 26
46 Amendment of s 315 (Protection from civil liability for particular
persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
47 Omission of s 321A (Delegation by QCA) . . . . . . . . . . . . . . . . . . 27
48 Amendment of s 323 (Regulation-making power) . . . . . . . . . . . . 27
49 Replacement of ch 7 hdg (Transitional provisions for Electricity
and Other Legislation Amendment Act 2006) . . . . . . . . . . . . . . . 27
50 Amendment of s 324 (Definitions for ch 7) . . . . . . . . . . . . . . . . . . 27
51 Insertion of new ch 7, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 2 Transitional provision for Mines and Energy
Legislation Amendment Act 2009
334 Continued protection from civil liability for particular
persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
52 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 29
Part 7 Amendment of Mineral Resources Act 1989
53 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Page 3
Mines and Energy Legislation Amendment Bill 2009
Contents
54 Amendment of s 248 (Applicant must obtain consent or views
of existing authority holders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
55 Amendment of s 249 (Later applicant must obtain consent or
views of earlier applicant if same land affected). . . . . . . . . . . . . . 31
56 Amendment of s 269 (Land Court's recommendation on hearing) 31
57 Amendment of s 286 (Application for renewal of mining lease) . . 31
58 Amendment of s 290 (Rental payable on mining lease) . . . . . . . . 31
59 Amendment of s 294 (Variation of conditions of mining lease) . . 31
60 Amendment of s 695 (Applying div 4 for renewal) . . . . . . . . . . . . 32
Part 8 Amendment of Mining and Quarrying Safety and Health Act
1999
61 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
62 Amendment of s 68 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . 32
63 Amendment of s 69 (Membership of council). . . . . . . . . . . . . . . . 32
64 Amendment of s 234 (Proceedings for offences) . . . . . . . . . . . . . 32
65 Amendment of s 235 (Recommendation to prosecute) . . . . . . . . 33
66 Amendment of s 236 (Limitation on time for starting
proceedings) ................................... 33
67 Insertion of new ss 254A and 254B . . . . . . . . . . . . . . . . . . . . . . . 33
254A Protection from reprisal . . . . . . . . . . . . . . . . . . . . . . . 34
254B Damages entitlement for reprisal . . . . . . . . . . . . . . . . 34
68 Amendment of s 256 (Protection from liability). . . . . . . . . . . . . . . 35
69 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 9 Amendment of Petroleum Act 1923
70 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
71 Amendment of s 121 (Additional information may be required
about application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Part 10 Amendment of Petroleum And Gas (Production And Safety)
Act 2004
72 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
73 Amendment of s 35 (Call for tenders). . . . . . . . . . . . . . . . . . . . . . 37
74 Amendment of s 37 (Requirements for making tender) . . . . . . . . 37
75 Amendment of s 109 (Exploration, production and storage
activities) ....................................... 38
76 Amendment of s 110 (Petroleum pipeline and water pipeline
construction and operation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
77 Amendment of s 121 (Requirements for grant) . . . . . . . . . . . . . . 38
78 Amendment of s 228 (Prohibition on actions preventing access). 39
Page 4
Mines and Energy Legislation Amendment Bill 2009
Contents
79 Amendment of s 401 (Construction and operation of pipeline) . . 39
80 Insertion of new ch 9, pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Part 4A Other safety offences
708C Protection from reprisal . . . . . . . . . . . . . . . . . . . . . . . 39
708D Damages entitlement for reprisal . . . . . . . . . . . . . . . . 40
81 Amendment of s 800 (Restriction on petroleum tenure activities) 40
82 Amendment of s 837 (Offences under Act are summary) . . . . . . 40
83 Amendment of s 843 (Additional information may be required
about application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
84 Amendment of s 856 (Protection from liability for particular
persons) ........................................ 42
85 Amendment of s 910 (Renewal application provisions apply for
making and deciding grant application) . . . . . . . . . . . . . . . . . . . . 42
86 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 42
Page 5
2009
A Bill
for
An Act to amend the Coal Mining Safety and Health Act 1999,
Electricity Act 1994, Electricity--National Scheme
(Queensland) Act 1997, Explosives Act 1999, Gas Supply Act
2003, Mineral Resources Act 1989, Mining and Quarrying Safety
and Health Act 1999, Petroleum Act 1923 and Petroleum and
Gas (Production and Safety) Act 2004 for particular purposes
Mines and Energy Legislation Amendment Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Mines and Energy Legislation 4
Amendment Act 2009. 5
Clause 2 Commencement 6
(1) Sections 15, 25 and 26(1) commence on 1 July 2010. 7
(2) The remaining provisions of this Act, other than part 4, 8
commence on a day to be fixed by proclamation. 9
Part 2 Amendment of Coal Mining 10
Safety and Health Act 1999 11
Clause 3 Act amended 12
This part amends the Coal Mining Safety and Health Act 13
1999. 14
Clause 4 Amendment of s 6 (Objects of Act) 15
Section 6-- 16
insert-- 17
`(c) to provide a way of monitoring the effectiveness and 18
administration of provisions relating to safety and health 19
under this Act and other mining legislation.'. 20
Page 8
Mines and Energy Legislation Amendment Bill 2009
Part 2 Amendment of Coal Mining Safety and Health Act 1999
[s 5]
Clause 5 Amendment of s 7 (How objects are to be achieved) 1
Section 7-- 2
insert-- 3
`(l) establishing the office of Commissioner for Mine Safety 4
and Health.'. 5
Clause 6 Insertion of new pt 5A 6
After part 5-- 7
insert-- 8
`Part 5A Commissioner for Mine Safety 9
and Health 10
`Division 1 Establishment and appointment of 11
commissioner 12
`73A Appointment of commissioner 13
`(1) There is to be a Commissioner for Mine Safety and Health. 14
`(2) The commissioner is to be appointed by the Governor in 15
Council by gazette notice. 16
`(3) Despite the Public Service Act 2008, section 8, the 17
commissioner is a public service officer employed under the 18
Public Service Act 2008, and not under this Act. 19
`(4) A person may hold the office of commissioner as well as 20
another position under the Public Service Act 2008. 21
`73B Qualifications for appointment 22
`To be appointed as commissioner, a person must have-- 23
(a) a science or engineering qualification relevant to the 24
mining industry; and 25
(b) professional experience in mine safety. 26
Page 9
Mines and Energy Legislation Amendment Bill 2009
Part 2 Amendment of Coal Mining Safety and Health Act 1999
[s 7]
`73C Commissioner's functions 1
`The functions of the commissioner are-- 2
(a) to advise the Minister on mine health and safety matters 3
generally; and 4
(b) to fulfil the roles of chairperson of the coal mining 5
safety and health advisory council and chairperson of 6
the mining safety and health advisory council under the 7
Mining and Quarrying Safety and Health Act 1999; and 8
(c) to monitor and report to the Minister and to Parliament 9
on the administration of provisions about safety and 10
health under this Act and other mining legislation; and 11
(d) to perform the functions given to the commissioner 12
under the provisions of this Act and other mining 13
legislation. 14
`73D Commissioner's powers 15
`The commissioner has the powers necessary or convenient to 16
perform the commissioner's functions. 17
`Division 2 Report by commissioner 18
`73E Annual report 19
`(1) As soon as practicable, but within 4 months, after the end of 20
each financial year, the commissioner must prepare and give 21
to the Minister a report on the performance of the department 22
in regulating mine safety. 23
`(2) The Minister must table a copy of the report in the Legislative 24
Assembly within 14 sitting days after receiving it.'. 25
Clause 7 Amendment of s 77 (Annual report) 26
Section 77(1), `the council'-- 27
Page 10
Mines and Energy Legislation Amendment Bill 2009
Part 2 Amendment of Coal Mining Safety and Health Act 1999
[s 8]
omit, insert-- 1
`the commissioner, as chairperson of the council,'. 2
Clause 8 Amendment of s 78 (Membership of council) 3
Section 78(2)-- 4
omit, insert-- 5
`(2) The chairperson of the council is the commissioner.'. 6
Clause 9 Amendment of s 255 (Proceedings for offences) 7
Section 255(5), `chief executive'-- 8
omit, insert-- 9
`commissioner'. 10
Clause 10 Amendment of s 257 (Limitation on time for starting 11
proceedings) 12
(1) Section 257, after `start'-- 13
insert-- 14
`within the latest of the following periods to end'. 15
(2) Section 257(a)-- 16
omit, insert-- 17
`(a) 1 year after the commission of the offence;'. 18
(3) Section 257(b), `within', first mention-- 19
omit. 20
(4) Section 257-- 21
insert-- 22
`(c) if the offence involves a breach of an obligation causing 23
death and the death is investigated by a coroner under 24
the Coroners Act 2003--2 years after the coroner makes 25
a finding in relation to the death.'. 26
Page 11
Mines and Energy Legislation Amendment Bill 2009
Part 2 Amendment of Coal Mining Safety and Health Act 1999
[s 11]
Clause 11 Insertion of new ss 275AA and 275AB 1
Part 17, division 1-- 2
insert-- 3
`275AA Protection from reprisal 4
`(1) A person must not cause, or attempt or conspire to cause, 5
detriment to another person because, or in the belief that, the 6
other person-- 7
(a) has made a complaint, or in any other way has raised, a 8
coal mine safety issue; or 9
(b) has contacted or given help to an official in relation to a 10
coal mine safety issue. 11
Maximum penalty--40 penalty units. 12
`(2) An attempt to cause detriment includes an attempt to induce a 13
person to cause detriment. 14
`(3) A contravention of subsection (1) is a reprisal or the taking of 15
a reprisal. 16
`(4) A ground mentioned in subsection (1) as the ground for a 17
reprisal is the unlawful ground for the reprisal. 18
`(5) For the contravention to happen, it is sufficient if the unlawful 19
ground is a substantial ground for the act or omission that is 20
the reprisal, even if there is another ground for the act or 21
omission. 22
`(6) This section does not limit or otherwise affect the operation of 23
the Whistleblowers Protection Act 1994, part 5, division 3. 24
`(7) In this section-- 25
coal mine safety issue means an issue about the safety or 26
health of a person or persons while at a coal mine or as a result 27
of coal mining operations. 28
`275AB Damages entitlement for reprisal 29
`(1) A reprisal is a tort and a person who takes a reprisal is liable in 30
damages to anyone who suffers detriment as a result. 31
Page 12
Mines and Energy Legislation Amendment Bill 2009
Part 2 Amendment of Coal Mining Safety and Health Act 1999
[s 12]
`(2) Any appropriate remedy that may be granted by a court for a 1
tort may be granted by a court for the taking of a reprisal. 2
`(3) If the claim for the damages goes to trial in the Supreme Court 3
or the District Court, it must be decided by a judge sitting 4
without a jury.'. 5
Clause 12 Amendment of s 276 (Protection from liability) 6
(1) Section 276(1)-- 7
insert-- 8
`Example of an act done-- 9
giving information or advice'. 10
(2) Section 276(3)-- 11
omit. 12
Clause 13 Amendment of sch 3 (Dictionary) 13
Schedule 3-- 14
insert-- 15
`commissioner means the Commissioner for Mine Safety and 16
Health. 17
official means-- 18
(a) the Minister; or 19
(b) the chief executive; or 20
(c) the commissioner; or 21
(d) the chief inspector; or 22
(e) an inspector; or 23
(f) an inspection officer; or 24
(g) an authorised officer; or 25
(h) a person acting under the direction of or helping an 26
inspector, inspection officer or authorised officer; or 27
Page 13
Mines and Energy Legislation Amendment Bill 2009
Part 3 Amendment of Electricity Act 1994
[s 14]
(i) a member or a substitute member of the council; or 1
(j) an industry safety and health representative; or 2
(k) a site safety and health representative. 3
other mining legislation means the following-- 4
(a) Explosives Act 1999; 5
(b) Mining and Quarrying Safety and Health Act 1999; 6
(c) Petroleum Act 1923; 7
(d) Petroleum and Gas (Production and Safety) Act 2004. 8
reprisal see section 275AA.'. 9
Part 3 Amendment of Electricity Act 10
1994 11
Clause 14 Act amended 12
This part amends the Electricity Act 1994. 13
Clause 15 Omission of ch 4, pt 2, div 1 (Provisions for Mount 14
Isa-Cloncurry supply network) 15
Chapter 4, part 2, division 1-- 16
omit. 17
Clause 16 Amendment of s 130 (Governor in Council may authorise 18
regulator to take over operation of relevant operations) 19
Section 130(1)(a)(iii)(B), `NEMMCO'-- 20
omit, insert-- 21
`AEMO'. 22
Page 14
Mines and Energy Legislation Amendment Bill 2009
Part 3 Amendment of Electricity Act 1994
[s 17]
Clause 17 Amendment of s 135AJ (Who are the baseline customers 1
of a power station) 2
Section 135AJ(2)(b), `NEMMCO'-- 3
omit, insert-- 4
`AEMO'. 5
Clause 18 Amendment of s 135D (Information notice about 6
decision) 7
Section 135D(2), `NEMMCO'-- 8
omit, insert-- 9
`AEMO'. 10
Clause 19 Amendment of s 135DD (Adjustment for other customer 11
transfers) 12
Section 135DD(b), `NEMMCO'-- 13
omit, insert-- 14
`AEMO'. 15
Clause 20 Amendment of s 135FR (Operation of sdiv 1) 16
Section 135FR(2)(b), `NEMMCO'-- 17
omit, insert-- 18
`AEMO'. 19
Clause 21 Amendment of s 135FS (Retailer) 20
Section 135FS(2)(a), `NEMMCO'-- 21
omit, insert-- 22
`AEMO'. 23
Page 15
Mines and Energy Legislation Amendment Bill 2009
Part 3 Amendment of Electricity Act 1994
[s 22]
Clause 22 Amendment of s 135FT (Special approval holder) 1
Section 135FT(3), `NEMMCO'-- 2
omit, insert-- 3
`AEMO'. 4
Clause 23 Amendment of s 135FW (Wholesale purchaser from spot 5
market) 6
Section 135FW(a), `NEMMCO'-- 7
omit, insert-- 8
`AEMO'. 9
Clause 24 Amendment of s 135JU (Obligation of State to indemnify 10
particular information-givers) 11
Section 135JU(3), definition relevant entity, paragraph (a), 12
`NEMMCO'-- 13
omit, insert-- 14
`AEMO'. 15
Clause 25 Insertion of new ch 14, pt 9 16
Chapter 14-- 17
insert-- 18
`Part 9 Transitional provision for Mines 19
and Energy Legislation 20
Amendment Act 2009 21
`326 Existing distribution service pricing for Mount 22
Isa-Cloncurry supply network 23
`(1) This section applies if, immediately before 1 July 2010-- 24
Page 16
Mines and Energy Legislation Amendment Bill 2009
Part 3 Amendment of Electricity Act 1994
[s 25]
(a) the owner of the Mount Isa-Cloncurry supply network 1
provides customer connection services relating to the 2
supply network; and 3
(b) the pricing regulation made by QCA, under the direction 4
made by the Minister under section 89B(2) to regulate 5
the pricing for the services, is still in force; and 6
(c) the Australian Energy Regulator has not made a 7
distribution determination, within the meaning of the 8
National Electricity Rules, for the supply network for 9
the relevant regulatory control period. 10
Note-- 11
See the Electricity--National Scheme (Queensland) Act 1997, 12
section 10 (Economic regulation of Mount Isa-Cloncurry supply 13
network from 1 July 2010). 14
`(2) The pricing regulation is taken to be a jurisdictional pricing 15
determination under the National Electricity Rules, clause 16
11.14.2 for the services. 17
`(3) For applying the National Electricity Rules-- 18
(a) the services are taken to be distribution services for the 19
National Electricity Rules; and 20
(b) the Mount Isa-Cloncurry supply network is taken to be 21
a distribution system. 22
`(4) The National Electricity Rules apply with any necessary 23
changes to give effect to this section. 24
`(5) In this section-- 25
amending Act means the Mines and Energy Legislation 26
Amendment Act 2009. 27
Mount Isa-Cloncurry supply network-- 28
(a) means the supply network, other than the 220kV supply 29
network-- 30
(i) located in the Mount Isa-Cloncurry region; and 31
(ii) owned by Ergon Energy immediately before the 32
date of assent for the amending Act; and 33
Page 17
Mines and Energy Legislation Amendment Bill 2009
Part 4 Amendment of Electricity--National Scheme (Queensland) Act 1997
[s 26]
(iii) not connected to the national grid; and 1
(b) includes any increase in the supply network after the 2
date of assent for the amending Act. 3
relevant regulatory control period means the regulatory 4
control period, within the meaning of the National Electricity 5
Rules, starting on 1 July 2010.'. 6
Clause 26 Amendment of sch 5 (Dictionary) 7
(1) Schedule 5, definition Mount Isa-Cloncurry supply network-- 8
omit. 9
(2) Schedule 5, definition NEMMCO-- 10
omit. 11
(3) Schedule 5-- 12
insert-- 13
`AEMO has the meaning given in the National Electricity 14
(Queensland) Law.'. 15
(4) Schedule 5, definition financially responsible retail entity, 16
paragraph (b)(i), `NEMMCO'-- 17
omit, insert-- 18
`AEMO'. 19
Part 4 Amendment of 20
Electricity--National Scheme 21
(Queensland) Act 1997 22
Clause 27 Act amended 23
This part amends the Electricity--National Scheme 24
(Queensland) Act 1997. 25
Page 18
Mines and Energy Legislation Amendment Bill 2009
Part 4 Amendment of Electricity--National Scheme (Queensland) Act 1997
[s 28]
Clause 28 Amendment of s 3 (Definitions) 1
Section 3(1)-- 2
insert-- 3
`AER has the meaning given in the National Electricity 4
(Queensland) Law.'. 5
Clause 29 Insertion of new pt 3 6
After section 9-- 7
insert-- 8
`Part 3 Mount Isa-Cloncurry supply 9
network 10
`10 Economic regulation of Mount Isa-Cloncurry supply 11
network from 1 July 2010 12
`(1) The AER is responsible for the economic regulation under the 13
National Electricity Rules, chapters 6 and 11, for a relevant 14
regulatory control period, of distribution services provided by 15
means of, or in connection with, the Mount Isa-Cloncurry 16
supply network as if the supply network were part of the 17
national grid. 18
Editor's note-- 19
National Electricity Rules, chapters 6 (Economic regulation of 20
distribution services) and 11 (Savings and transitional rules) 21
`(2) For applying the National Electricity Rules, chapters 6 and 22
11-- 23
(a) the distribution services are taken to be distribution 24
services for the National Electricity Rules; and 25
(b) the Mount Isa-Cloncurry supply network is taken to be 26
a distribution system. 27
`(3) The chapters apply with any necessary changes to give effect 28
to this section. 29
`(4) In this section-- 30
Page 19
Mines and Energy Legislation Amendment Bill 2009
Part 4 Amendment of Electricity--National Scheme (Queensland) Act 1997
[s 29]
Mount Isa-Cloncurry supply network-- 1
(a) means the supply network as defined under the 2
Electricity Act 1994, section 8, other than the 220kV 3
supply network-- 4
(i) located in the Mount Isa-Cloncurry region; and 5
(ii) owned by Ergon Energy at the commencement of 6
this section; and 7
(iii) not connected to the national grid; and 8
(b) includes any increase in the supply network after the 9
commencement. 10
National Electricity Rules has the meaning given in the 11
National Electricity (Queensland) Law. 12
national grid has the meaning given in the National 13
Electricity Rules. 14
relevant regulatory control period means-- 15
(a) the regulatory control period, within the meaning of the 16
National Electricity Rules, starting on 1 July 2010; and 17
(b) any regulatory control period after the regulatory control 18
period mentioned in paragraph (a). 19
`11 Law to be construed not to exceed legislative power 20
of Legislature 21
`(1) Clause 2 of schedule 2 to the National Electricity 22
(Queensland) Law has effect in relation to the operation of 23
any provision of this Act, or any regulation forming part of the 24
National Electricity (Queensland) Regulations, as if the 25
provision or regulation formed part of the National Electricity 26
(Queensland) Law. 27
`(2) Subsection (1) does not limit the effect that a provision or 28
regulation would validly have apart from the subsection.'. 29
Page 20
Mines and Energy Legislation Amendment Bill 2009
Part 5 Amendment of Explosives Act 1999
[s 30]
Part 5 Amendment of Explosives Act 1
1999 2
Clause 30 Act amended 3
This part amends the Explosives Act 1999. 4
Clause 31 Replacement of s 118 (Proceeding for offence) 5
Section 118-- 6
omit, insert-- 7
`118 Proceeding for offence 8
`(1) A proceeding for an offence against this Act must be taken in 9
a summary way under the Justices Act 1886 on the complaint 10
of the commissioner for mine safety and health. 11
`(2) A proceeding may be started within the latest of the following 12
periods to end-- 13
(a) 1 year after the offence is committed; 14
(b) 1 year after the offence comes to the complainant's 15
knowledge, but within 2 years after the offence is 16
committed; 17
(c) if the offence involves a breach of an obligation causing 18
death and the death is investigated by a coroner under 19
the Coroners Act 2003--2 years after the coroner makes 20
a finding in relation to the death.'. 21
Clause 32 Insertion of new ss 126A and 126B 22
After section 126-- 23
insert-- 24
`126A Protection from reprisal 25
`(1) A person must not cause, or attempt or conspire to cause, 26
detriment to another person because, or in the belief that, the 27
other person-- 28
Page 21
Mines and Energy Legislation Amendment Bill 2009
Part 5 Amendment of Explosives Act 1999
[s 33]
(a) has made a complaint, or in any other way has raised, an 1
explosives safety issue; or 2
(b) has contacted or given help to an official in relation to an 3
explosives safety issue. 4
Maximum penalty--40 penalty units. 5
`(2) An attempt to cause detriment includes an attempt to induce a 6
person to cause detriment. 7
`(3) A contravention of subsection (1) is a reprisal or the taking of 8
a reprisal. 9
`(4) A ground mentioned in subsection (1) as the ground for a 10
reprisal is the unlawful ground for the reprisal. 11
`(5) For the contravention to happen, it is sufficient if the unlawful 12
ground is a substantial ground for the act or omission that is 13
the reprisal, even if there is another ground for the act or 14
omission. 15
`(6) This section does not limit or otherwise affect the operation of 16
the Whistleblowers Protection Act 1994, part 5, division 3. 17
`(7) In this section-- 18
explosives safety issue means an issue about the safety or 19
health of a person or persons while dealing with explosives. 20
`126B Damages entitlement for reprisal 21
`(1) A reprisal is a tort and a person who takes a reprisal is liable in 22
damages to anyone who suffers detriment as a result. 23
`(2) Any appropriate remedy that may be granted by a court for a 24
tort may be granted by a court for the taking of a reprisal. 25
`(3) If the claim for the damages goes to trial in the Supreme Court 26
or the District Court, it must be decided by a judge sitting 27
without a jury.'. 28
Clause 33 Amendment of s 127 (Protection from liability) 29
(1) Section 127(1)-- 30
Page 22
Mines and Energy Legislation Amendment Bill 2009
Part 6 Amendment of Gas Supply Act 2003
[s 34]
insert-- 1
`Example of an act done-- 2
giving information or advice'. 3
(2) Section 127(3)-- 4
omit. 5
Clause 34 Amendment of sch 2 (Dictionary) 6
Schedule 2-- 7
insert-- 8
`commissioner for mine safety and health means the 9
Commissioner for Mine Safety and Health established under 10
the Coal Mining Safety and Health Act 1999. 11
official means-- 12
(a) the Minister; or 13
(b) the chief executive; or 14
(c) the commissioner for mine safety and health; or 15
(d) an inspector; or 16
(e) a person acting under the direction of an inspector; or 17
(f) a person helping an inspector in a dangerous situation. 18
reprisal see section 126A.'. 19
Part 6 Amendment of Gas Supply Act 20
2003 21
Clause 35 Act amended 22
This part amends the Gas Supply Act 2003. 23
Page 23
Mines and Energy Legislation Amendment Bill 2009
Part 6 Amendment of Gas Supply Act 2003
[s 36]
Clause 36 Amendment of s 3 (Main purposes of Act) 1
(1) Section 3(2)(a), `markets'-- 2
omit, insert-- 3
`services'. 4
(2) Section 3(2)(b)-- 5
omit. 6
(3) Section 3(2)(c)-- 7
renumber as section 3(2)(b). 8
Clause 37 Amendment of s 57 (Conditions for amendment, 9
cancellation or suspension) 10
Section 57(2)(b)-- 11
insert-- 12
`(vi) the gas retail market procedures if AEMO decides 13
under the National Gas (Queensland) Law, section 14
91MB, the contravention is a material breach of the 15
procedures; or 16
Editor's note-- 17
National Gas (Queensland) Law, section 91MB 18
(Compliance with Retail Market Procedures)'. 19
Clause 38 Amendment of s 181 (Conditions for amendment, 20
cancellation or suspension) 21
Section 181(2)(b)-- 22
insert-- 23
`(vi) the gas retail market procedures if AEMO decides 24
under the National Gas (Queensland) Law, section 25
91MB, the contravention is a material breach of the 26
procedures; or 27
Editor's note-- 28
National Gas (Queensland) Law, section 91MB 29
(Compliance with Retail Market Procedures)'. 30
Page 24
Mines and Energy Legislation Amendment Bill 2009
Part 6 Amendment of Gas Supply Act 2003
[s 39]
Clause 39 Amendment of s 204 (Standard retail contract for 1
particular small customers) 2
Section 204(3)(b), `an industry code'-- 3
omit, insert-- 4
`the gas retail market procedures'. 5
Clause 40 Amendment of s 207 (Ending of standard retail contract) 6
Section 207(1)(b), `an industry code'-- 7
omit, insert-- 8
`the gas retail market procedures'. 9
Clause 41 Amendment of s 248 (Regulation may provide for 10
scheme) 11
Section 248(b), `the GRMO'-- 12
omit, insert-- 13
`AEMO'. 14
Clause 42 Amendment of s 254 (Minister's power to give directions 15
while declaration in force) 16
Section 254(1)(c)-- 17
omit, insert-- 18
`(c) AEMO.'. 19
Clause 43 Omission of ch 4A (Gas retail market operator) 20
Chapter 4A-- 21
omit. 22
Page 25
Mines and Energy Legislation Amendment Bill 2009
Part 6 Amendment of Gas Supply Act 2003
[s 44]
Clause 44 Amendment of s 270B (Specific matters for which code 1
may provide) 2
Section 270B(e) to (g)-- 3
omit. 4
Clause 45 Insertion of new s 289A 5
After section 289-- 6
insert-- 7
`289A Restriction on providing gas retail market services 8
`(1) A person other than the following must not provide gas retail 9
market services to someone else-- 10
(a) AEMO; 11
(b) a director or other officer of AEMO acting within the 12
scope of the person's directorship or other office with 13
AEMO; 14
(c) an employee of AEMO acting within the course of the 15
employee's employment with AEMO. 16
Maximum penalty--500 penalty units. 17
`(2) In this section-- 18
gas retail market services means services provided by AEMO 19
to others as the operator of the gas retail market.'. 20
Clause 46 Amendment of s 315 (Protection from civil liability for 21
particular persons) 22
(1) Section 315(1)(e) to (g)-- 23
omit. 24
(2) Section 315(1)(h)-- 25
renumber as section 315(1)(e). 26
Page 26
Mines and Energy Legislation Amendment Bill 2009
Part 6 Amendment of Gas Supply Act 2003
[s 47]
Clause 47 Omission of s 321A (Delegation by QCA) 1
Section 321A-- 2
omit. 3
Clause 48 Amendment of s 323 (Regulation-making power) 4
(1) Section 323(2)(a) and (b)-- 5
renumber as section 323(b) and (c). 6
(2) Section 323(2)-- 7
insert-- 8
`(a) any matter that may, under the National Gas 9
(Queensland) Law, be prescribed under jurisdictional 10
gas legislation;'. 11
Clause 49 Replacement of ch 7 hdg (Transitional provisions for 12
Electricity and Other Legislation Amendment Act 2006) 13
Chapter 7, heading-- 14
omit, insert-- 15
`Chapter 7 Transitional provisions 16
`Part 1 Transitional provisions for 17
Electricity and Other 18
Legislation Amendment Act 19
2006'. 20
Clause 50 Amendment of s 324 (Definitions for ch 7) 21
(1) Section 324, heading, `ch 7'-- 22
omit, insert-- 23
`pt 1'. 24
(2) Section 324, `chapter'-- 25
Page 27
Mines and Energy Legislation Amendment Bill 2009
Part 6 Amendment of Gas Supply Act 2003
[s 51]
omit, insert-- 1
`part'. 2
Clause 51 Insertion of new ch 7, pt 2 3
After section 333-- 4
insert-- 5
`Part 2 Transitional provision for Mines 6
and Energy Legislation 7
Amendment Act 2009 8
`334 Continued protection from civil liability for particular 9
persons 10
`(1) This section applies to each of the following persons (a 11
relevant person)-- 12
(a) the GRMO; 13
(b) a director or other officer of the GRMO acting within 14
the scope of the person's directorship or other office 15
with the GRMO; 16
(c) an employee of the GRMO acting within the course of 17
the employee's employment with the GRMO. 18
`(2) Section 315(2) to (4) continues to apply to a relevant person. 19
`(3) In this section-- 20
GRMO means a body corporate-- 21
(a) appointed by the Minister under section 257A, as in 22
force immediately before the commencement of this 23
section, to be the gas retail market operator; and 24
(b) in existence as the operator immediately before the 25
commencement of this section.'. 26
Page 28
Mines and Energy Legislation Amendment Bill 2009
Part 6 Amendment of Gas Supply Act 2003
[s 52]
Clause 52 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definitions advisory committee, Gas Pipelines 2
Access Law, gas retail market services and GRMO-- 3
omit. 4
(2) Schedule 2-- 5
insert-- 6
`AEMO has the meaning given under the National Gas 7
(Queensland) Law. 8
gas retail market procedures means-- 9
(a) the retail market procedures made under the National 10
Gas (Queensland) Law, section 294A, that regulate the 11
Queensland retail gas market (the initial procedures); 12
and 13
(b) the retail market procedures made by AEMO under the 14
National Gas (Queensland) Law, section 91M, that 15
regulate the Queensland retail gas market, including 16
procedures that amend-- 17
(i) the initial procedures; or 18
(ii) other procedures made by AEMO. 19
Editor's note-- 20
· National Gas (Queensland) Law, section 294A (South Australian 21
Minister to make initial Rules and Procedures related to AEMO's 22
functions under this Law) 23
· National Gas (Queensland) Law, section 91M (Retail Market 24
Procedures) 25
National Gas Law means both of the following-- 26
(a) the National Gas (Queensland) Act 2008; 27
(b) the National Gas (Queensland) Law.'. 28
(3) Schedule 2, definition approved access arrangement, `Gas 29
Pipelines Access Law'-- 30
omit, insert-- 31
`National Gas Law'. 32
Page 29
Mines and Energy Legislation Amendment Bill 2009
Part 7 Amendment of Mineral Resources Act 1989
[s 53]
(4) Schedule 2, definition covered pipeline, from `Gas Pipelines 1
Access Law'-- 2
omit, insert-- 3
`National Gas Law, is a covered pipeline. 4
Editor's note-- 5
See the National Gas (Queensland) Law, section 2, definition covered 6
pipeline.'. 7
(5) Schedule 2, definition MIRN, `an industry code'-- 8
omit, insert-- 9
`the gas retail market procedures'. 10
(6) Schedule 2, definition MIRN premises, paragraph 1, `an 11
industry code'-- 12
omit, insert-- 13
`the gas retail market procedures'. 14
Part 7 Amendment of Mineral 15
Resources Act 1989 16
Clause 53 Act amended 17
This part amends the Mineral Resources Act 1989. 18
Clause 54 Amendment of s 248 (Applicant must obtain consent or 19
views of existing authority holders) 20
Section 248(2), from `and is for'-- 21
omit, insert-- 22
`and for-- 23
(a) the same minerals as the existing authority; or 24
(b) a specific purpose mining lease.'. 25
Page 30
Mines and Energy Legislation Amendment Bill 2009
Part 7 Amendment of Mineral Resources Act 1989
[s 55]
Clause 55 Amendment of s 249 (Later applicant must obtain 1
consent or views of earlier applicant if same land 2
affected) 3
Section 249(2)(b)-- 4
omit, insert-- 5
`(b) a specific purpose mining lease.'. 6
Clause 56 Amendment of s 269 (Land Court's recommendation on 7
hearing) 8
Section 269(4)(c), `mineralised'-- 9
omit, insert-- 10
`mineralised,'. 11
Clause 57 Amendment of s 286 (Application for renewal of mining 12
lease) 13
Section 286(1), from `apply'-- 14
omit, insert-- 15
`apply to the Minister for a renewal of the lease by lodging an 16
application with the mining registrar.'. 17
Clause 58 Amendment of s 290 (Rental payable on mining lease) 18
Section 290(8), `section 286(8)'-- 19
omit, insert-- 20
`section 286C'. 21
Clause 59 Amendment of s 294 (Variation of conditions of mining 22
lease) 23
Section 294(2), `same, or substantially the same'-- 24
insert-- 25
`same or substantially the same as'. 26
Page 31
Mines and Energy Legislation Amendment Bill 2009
Part 8 Amendment of Mining and Quarrying Safety and Health Act 1999
[s 60]
Clause 60 Amendment of s 695 (Applying div 4 for renewal) 1
Section 695(5)(d), `section 286(3)'-- 2
omit, insert-- 3
`section 286A(1)'. 4
Part 8 Amendment of Mining and 5
Quarrying Safety and Health 6
Act 1999 7
Clause 61 Act amended 8
This part amends the Mining and Quarrying Safety and 9
Health Act 1999. 10
Clause 62 Amendment of s 68 (Annual report) 11
Section 68(1), `the council'-- 12
omit, insert-- 13
`the commissioner, as chairperson of the council,'. 14
Clause 63 Amendment of s 69 (Membership of council) 15
Section 69(2)-- 16
omit, insert-- 17
`(2) The chairperson of the council is the commissioner.'. 18
Clause 64 Amendment of s 234 (Proceedings for offences) 19
Section 234(5), `chief executive'-- 20
omit, insert-- 21
`commissioner'. 22
Page 32
Mines and Energy Legislation Amendment Bill 2009
Part 8 Amendment of Mining and Quarrying Safety and Health Act 1999
[s 65]
Clause 65 Amendment of s 235 (Recommendation to prosecute) 1
(1) Section 235(1), `chief executive'-- 2
omit, insert-- 3
`commissioner'. 4
(2) Section 235(2), `chief executive's'-- 5
omit, insert-- 6
`commissioner's'. 7
Clause 66 Amendment of s 236 (Limitation on time for starting 8
proceedings) 9
(1) Section 236, after `start'-- 10
insert-- 11
`within the latest of the following periods to end'. 12
(2) Section 236(a)-- 13
omit, insert-- 14
`(a) 1 year after the commission of the offence;'. 15
(3) Section 236(b), `within'-- 16
omit. 17
(4) Section 236-- 18
insert-- 19
`(c) if the offence involves a breach of an obligation causing 20
death and the death is investigated by a coroner under 21
the Coroners Act 2003--2 years after the coroner makes 22
a finding in relation to the death.'. 23
Clause 67 Insertion of new ss 254A and 254B 24
Part 16, division 1-- 25
insert-- 26
Page 33
Mines and Energy Legislation Amendment Bill 2009
Part 8 Amendment of Mining and Quarrying Safety and Health Act 1999
[s 67]
`254A Protection from reprisal 1
`(1) A person must not cause, or attempt or conspire to cause, 2
detriment to another person because, or in the belief that, the 3
other person-- 4
(a) has made a complaint, or in any other way has raised, a 5
mine safety issue; or 6
(b) has contacted or given help to an official in relation to a 7
mine safety issue. 8
Maximum penalty--40 penalty units. 9
`(2) An attempt to cause detriment includes an attempt to induce a 10
person to cause detriment. 11
`(3) A contravention of subsection (1) is a reprisal or the taking of 12
a reprisal. 13
`(4) A ground mentioned in subsection (1) as the ground for a 14
reprisal is the unlawful ground for the reprisal. 15
`(5) For the contravention to happen, it is sufficient if the unlawful 16
ground is a substantial ground for the act or omission that is 17
the reprisal, even if there is another ground for the act or 18
omission. 19
`(6) This section does not limit or otherwise affect the operation of 20
the Whistleblowers Protection Act 1994, part 5, division 3. 21
`(7) In this section-- 22
mine safety issue means an issue about the safety or health of 23
a person or persons while at a mine or as a result of mining 24
operations. 25
`254B Damages entitlement for reprisal 26
`(1) A reprisal is a tort and a person who takes a reprisal is liable in 27
damages to anyone who suffers detriment as a result. 28
`(2) Any appropriate remedy that may be granted by a court for a 29
tort may be granted by a court for the taking of a reprisal. 30
Page 34
Mines and Energy Legislation Amendment Bill 2009
Part 8 Amendment of Mining and Quarrying Safety and Health Act 1999
[s 68]
`(3) If the claim for the damages goes to trial in the Supreme Court 1
or the District Court, it must be decided by a judge sitting 2
without a jury.'. 3
Clause 68 Amendment of s 256 (Protection from liability) 4
(1) Section 256(1)-- 5
insert-- 6
`Example of an act done-- 7
giving information or advice'. 8
(2) Section 256(3)-- 9
omit. 10
Clause 69 Amendment of sch 2 (Dictionary) 11
Schedule 2-- 12
insert-- 13
`commissioner means the Commissioner for Mine Safety and 14
Health under the Coal Mining Safety and Health Act 1999. 15
official means-- 16
(a) the Minister; or 17
(b) the chief executive; or 18
(c) the commissioner; or 19
(d) the chief inspector; or 20
(e) an inspector; or 21
(f) an inspection officer; or 22
(g) an authorised officer; or 23
(h) a person acting under the direction of or helping an 24
inspector, inspection officer or authorised officer; or 25
(i) a member or a substitute member of the council; or 26
Page 35
Mines and Energy Legislation Amendment Bill 2009
Part 9 Amendment of Petroleum Act 1923
[s 70]
(j) a district workers' representative or a site safety and 1
health representative. 2
reprisal see section 254A.'. 3
Part 9 Amendment of Petroleum Act 4
1923 5
Clause 70 Act amended 6
This part amends the Petroleum Act 1923. 7
Clause 71 Amendment of s 121 (Additional information may be 8
required about application) 9
(1) Section 121(1)(a)-- 10
insert-- 11
`Example-- 12
The application is for the renewal of a lease. The Minister may 13
require a document, prepared by an appropriately qualified 14
person, independently verifying reserve data given in the 15
proposed development plan for the lease.'. 16
(2) Section 121(1)(b)-- 17
omit, insert-- 18
`(b) an independent report by an appropriately qualified 19
person or a statutory declaration verifying all or any of 20
the following-- 21
(i) any information included in the application; 22
(ii) any additional information required under 23
paragraph (a); 24
(iii) if the application is to renew an authority to 25
prospect--that the applicant meets the relevant 26
capability criteria under part 4.'. 27
Page 36
Mines and Energy Legislation Amendment Bill 2009
Part 10 Amendment of Petroleum And Gas (Production And Safety) Act 2004
[s 72]
(3) Section 121(4)-- 1
renumber as section 121(5). 2
(4) Section 121(3)-- 3
omit, insert-- 4
`(3) For subsection (1)(b), the notice may require the statutory 5
declaration-- 6
(a) to be made by an appropriately qualified person or by 7
the applicant; or 8
(b) if the applicant is a corporation--to be made for the 9
applicant by an executive officer of the applicant. 10
`(4) If the applicant does not comply with the requirement, the 11
decider may refuse the application.'. 12
Part 10 Amendment of Petroleum And 13
Gas (Production And Safety) 14
Act 2004 15
Clause 72 Act amended 16
This part amends the Petroleum And Gas (Production And 17
Safety) Act 2004. 18
Clause 73 Amendment of s 35 (Call for tenders) 19
Section 35(2)(d)-- 20
omit, insert-- 21
`(d) that the tenders must be lodged before the closing time 22
for the call at the place stated in the call; and'. 23
Clause 74 Amendment of s 37 (Requirements for making tender) 24
Section 37(b)-- 25
Page 37
Mines and Energy Legislation Amendment Bill 2009
Part 10 Amendment of Petroleum And Gas (Production And Safety) Act 2004
[s 75]
omit, insert-- 1
`(b) be lodged at the place for lodging tenders for proposed 2
authorities to prospect, as stated in the call; and'. 3
Clause 75 Amendment of s 109 (Exploration, production and 4
storage activities) 5
Section 109(1)(b)(iii), `petroleum storage'-- 6
omit, insert-- 7
`storage of petroleum or a prescribed storage gas'. 8
Clause 76 Amendment of s 110 (Petroleum pipeline and water 9
pipeline construction and operation) 10
(1) Section 110(2)(b)-- 11
omit, insert-- 12
`(b) the area of 1 or more other petroleum leases contiguous 13
to the lease that-- 14
(i) are also held by the holder of the lease; or 15
(ii) are the subject of a coordination arrangement 16
between the holder of the lease and the holder for 17
each contiguous lease.'. 18
(2) Section 110(3), `subsection (2)(b)'-- 19
omit, insert-- 20
`subsection (2)(b)(i)'. 21
Clause 77 Amendment of s 121 (Requirements for grant) 22
Section 121, `petroleum storage'-- 23
omit, insert-- 24
`storage of petroleum or a prescribed storage gas'. 25
Page 38
Mines and Energy Legislation Amendment Bill 2009
Part 10 Amendment of Petroleum And Gas (Production And Safety) Act 2004
[s 78]
Clause 78 Amendment of s 228 (Prohibition on actions preventing 1
access) 2
Section 228(1), `petroleum storage'-- 3
omit, insert-- 4
`storage of petroleum or a prescribed storage gas'. 5
Clause 79 Amendment of s 401 (Construction and operation of 6
pipeline) 7
Section 401(2), `subsection (1)(b)'-- 8
omit, insert-- 9
`subsection (1)'. 10
Clause 80 Insertion of new ch 9, pt 4A 11
Chapter 9-- 12
insert-- 13
`Part 4A Other safety offences 14
`708C Protection from reprisal 15
`(1) A person must not cause, or attempt or conspire to cause, 16
detriment to another person because, or in the belief that, the 17
other person-- 18
(a) has made a complaint, or in any other way has raised, an 19
operating plant safety issue; or 20
(b) has contacted or given help to an official, an executive 21
safety manager or a site safety manager in relation to an 22
operating plant safety issue. 23
Maximum penalty--40 penalty units. 24
`(2) An attempt to cause detriment includes an attempt to induce a 25
person to cause detriment. 26
`(3) A contravention of subsection (1) is a reprisal or the taking of 27
a reprisal. 28
Page 39
Mines and Energy Legislation Amendment Bill 2009
Part 10 Amendment of Petroleum And Gas (Production And Safety) Act 2004
[s 81]
`(4) A ground mentioned in subsection (1) as the ground for a 1
reprisal is the unlawful ground for the reprisal. 2
`(5) For the contravention to happen, it is sufficient if the unlawful 3
ground is a substantial ground for the act or omission that is 4
the reprisal, even if there is another ground for the act or 5
omission. 6
`(6) This section does not limit or otherwise affect the operation of 7
the Whistleblowers Protection Act 1994, part 5, division 3. 8
`(7) In this section-- 9
operating plant safety issue means an issue about the safety 10
or health of a person or persons while at an operating plant or 11
as a result of operating plant operations. 12
`708D Damages entitlement for reprisal 13
`(1) A reprisal is a tort and a person who takes a reprisal is liable in 14
damages to anyone who suffers detriment as a result. 15
`(2) Any appropriate remedy that may be granted by a court for a 16
tort may be granted by a court for the taking of a reprisal. 17
`(3) If the claim for the damages goes to trial in the Supreme Court 18
or the District Court, it must be decided by a judge sitting 19
without a jury.'. 20
Clause 81 Amendment of s 800 (Restriction on petroleum tenure 21
activities) 22
Section 800(3)(b), `petroleum storage'-- 23
omit, insert-- 24
`storage of petroleum or a prescribed storage gas'. 25
Clause 82 Amendment of s 837 (Offences under Act are summary) 26
(1) Section 837(2)(b)-- 27
omit, insert-- 28
`(b) can be started only by complaint of the commissioner.'. 29
Page 40
Mines and Energy Legislation Amendment Bill 2009
Part 10 Amendment of Petroleum And Gas (Production And Safety) Act 2004
[s 83]
(2) Section 837(4)-- 1
insert-- 2
`(c) if the offence involves a breach of an obligation causing 3
death and the death is investigated by a coroner under 4
the Coroners Act 2003--2 years after the coroner makes 5
a finding in relation to the death.'. 6
Clause 83 Amendment of s 843 (Additional information may be 7
required about application) 8
(1) Section 843(1)(a)-- 9
insert-- 10
`Example-- 11
The application is for a petroleum lease. The Minister may 12
require a document, prepared by an appropriately qualified 13
person, independently verifying reserve data given in the 14
proposed development plan for the petroleum lease.'. 15
(2) Section 843(1)(b)-- 16
omit, insert-- 17
`(b) an independent report by an appropriately qualified 18
person or a statutory declaration verifying all or any of 19
the following-- 20
(i) any information included in the application; 21
(ii) any additional information required under 22
paragraph (a); 23
(iii) if the application is for a petroleum tenure--that 24
the applicant meets the relevant capability criteria 25
under chapter 2.'. 26
(3) Section 843(4) and (5)-- 27
renumber as section 843(5) and (6). 28
(4) Section 843(3)-- 29
omit, insert-- 30
Page 41
Mines and Energy Legislation Amendment Bill 2009
Part 10 Amendment of Petroleum And Gas (Production And Safety) Act 2004
[s 84]
`(3) For subsection (1)(b), the notice may require the statutory 1
declaration-- 2
(a) to be made by an appropriately qualified person or by 3
the applicant; or 4
(b) if the applicant is a corporation--to be made for the 5
applicant by an executive officer of the applicant. 6
`(4) If the applicant does not comply with the requirement, the 7
decider may refuse the application.'. 8
Clause 84 Amendment of s 856 (Protection from liability for 9
particular persons) 10
Section 856(1)-- 11
insert-- 12
`Example of an act done-- 13
giving information or advice'. 14
Clause 85 Amendment of s 910 (Renewal application provisions 15
apply for making and deciding grant application) 16
Section 910(1)(b)(i)-- 17
omit, insert-- 18
`(i) chapter 2, part 2, division 6, other than sections 19
161(2) and (3), 162(1)(a) and (h) and 163;'. 20
Clause 86 Amendment of sch 2 (Dictionary) 21
(1) Schedule 2-- 22
insert-- 23
`commissioner means the Commissioner for Mine Safety and 24
Health under the Coal Mining Safety and Health Act 1999. 25
reprisal see section 708C.'. 26
Page 42
Mines and Energy Legislation Amendment Bill 2009
Part 10 Amendment of Petroleum And Gas (Production And Safety) Act 2004
[s 86]
(2) Schedule 2, definition official, after `chief executive,'-- 1
insert-- 2
`the commissioner,'. 3
© State of Queensland 2009
Page 43
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