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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Petroleum and Geothermal Energy (Hydraulic Fracturing)
Amendment Bill 2014
A BILL FOR
An Act to amend the Petroleum
and Geothermal Energy Act 2000.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Petroleum and
Geothermal Energy Act 2000
3Insertion of Section
137A
137AHydraulic
fracturing
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Petroleum and Geothermal Energy (Hydraulic
Fracturing) Amendment Act 2014.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Petroleum and Geothermal Energy
Act 2000
After section 137 insert:
137A—Hydraulic fracturing
(1) Despite the other provisions of this Act—
(a) during the prescribed period—a person is not entitled to carry
out any fracturing operations under a prescribed licence on any land within the
State; and
(b) after the end of the prescribed period—a person is not entitled
to carry out any fracturing operations under a prescribed
licence—
(i) on any land used (wholly or in part) for the business of primary
production; or
(ii) on any land within a designated zone.
(2) The Minister must, during the prescribed period, cause a report to be
prepared on the possible impact of fracturing operations on—
(a) water quality; and
(b) soil health; and
(c) climate change; and
(d) local economies.
(3) The Minister must ensure that the report is provided in written form
and must cause a copy of the report to be laid before both Houses of Parliament
before the end of the prescribed period.
(4) No compensation is payable by or on behalf of the State in connection
with the operation of this section.
(5) In this section—
business of primary production means the business of
agriculture, pasturage, horticulture, viticulture, apiculture, poultry farming,
dairy farming, forestry or any other business consisting of the cultivation of
soils, the gathering in of crops or the rearing of livestock;
compensation includes damages or any other form of monetary
compensation;
designated zone means any of the following zones established
by a Development Plan under the
Development
Act 1993:
(a) Coastal Conservation Zones;
(b) Coastal Open Space Zones;
(c) Conservation Zones;
(d) Watershed Protection Zones;
(e) any form of residential zone;
(f) any other zone of a kind prescribed by the regulations for the
purposes of this definition;
fracturing operations means any operations that involve the
recovery (or potential or enhanced recovery) of a form of gas by the
high-pressure injection of water (including water containing a chemical or any
other substance) or any other substance into a wellbore so as to create
fractures in rocks or rock formations, other than operations for the production
of geothermal energy;
prescribed licence means—
(a) an exploration licence granted after the commencement of this
section;
(b) a production licence granted after the commencement of this
section;
prescribed period means the period beginning on the
commencement of this section and ending on the second anniversary of that
commencement.