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This is a Bill, not an Act. For current law, see the Acts databases.
Resources Legislation Amendment (Fracking Ban)
Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendment of Mineral Resources (Sustainable
Development) Act 1990 3
3 Definitions 3
4 New sections 8AC and 8AD inserted 3
5 Application for a licence 4
6 New section 113A inserted 5
7 New sections 121A and 121B inserted 5
Part 3--Amendment of Petroleum Act 1998 9
8 General definitions 9
9 New section 16A inserted 9
10 New section 17A inserted 9
11 New sections 251A and 251B inserted 11
Part 4--Consequential amendments 14
12 Amendment of Resources Legislation Amendment
(BTEX Prohibition and Other Matters) Act 2014 14
Part 5--Repeal of amending Act 15
13 Repeal of amending Act 15
═══════════════
Endnotes 16
1 General information 16
i
Resources Legislation Amendment
(Fracking Ban) Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Mineral Resources
(Sustainable Development) Act 1990--
(i) to prevent the exploration for and
mining of coal seam gas; and
(ii) to ban hydraulic fracturing; and
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 1--Preliminary
(iii) to enable the Minister to pay for the
surrender of certain mining licences,
exploration licences and retention
licences for coal seam gas; and
(b) to amend the Petroleum Act 1998--
(i) to ban hydraulic fracturing; and
(ii) to impose a moratorium on petroleum
exploration and petroleum production
in the onshore areas of Victoria until
30 June 2020; and
(iii) to enable the Minister to pay for the
surrender of certain exploration
permits, retention leases and production
licences; and
(c) to make consequential amendments to
the Resources Legislation Amendment
(BTEX Prohibition and Other Matters)
Act 2014 to repeal provisions that will be
made redundant by this Act.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 2--Amendment of Mineral Resources
(Sustainable Development) Act 1990
Part 2--Amendment of Mineral Resources
(Sustainable Development) Act 1990
3 Definitions
In section 4(1) of the Mineral Resources
(Sustainable Development) Act 1990, insert the
following definitions--
"coal seam gas means natural gas when it is
contained in oil shale or coal, whether or not
it is in a gaseous state;
hydraulic fracturing means the injection of a
substance or substances into a bore under
pressure for the purposes of stimulating a
geological formation;".
4 New sections 8AC and 8AD inserted
After section 8AB of the Mineral Resources
(Sustainable Development) Act 1990 insert--
"8AC Offence to carry out exploration or
mining of coal seam gas
(1) A person must not carry out exploration for,
or carry out mining of, coal seam gas on any
land.
Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
Default penalty:
In the case of a corporation,
20 penalty units.
In any other case, 10 penalty
units.
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 2--Amendment of Mineral Resources
(Sustainable Development) Act 1990
(2) Subsection (1) does not apply to a person
who is the holder of an exploration licence, a
mining licence or a retention licence and
who--
(a) in the course of carrying out
exploration for, or mining of, a mineral
other than coal seam gas in accordance
with that licence, incidentally discovers
or mines coal seam gas; and
(b) reports the discovery of coal seam gas
in accordance with section 113A.
8AD Offence to carry out hydraulic fracturing
The holder of an exploration licence, a
mining licence or a retention licence must
not carry out any hydraulic fracturing on any
land in the course of carrying out any
exploration or mining under the licence.
Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
Default penalty:
In the case of a corporation,
20 penalty units.
In any other case, 10 penalty
units.".
5 Application for a licence
After section 15(1BA) of the Mineral Resources
(Sustainable Development) Act 1990 insert--
"(1BAA) An application for an exploration licence, a
mining licence or a retention licence is
ineffective, and must not be accepted by the
Minister, to the extent that it specifies that
the licence is to relate to coal seam gas.".
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 2--Amendment of Mineral Resources
(Sustainable Development) Act 1990
6 New section 113A inserted
After section 113 of the Mineral Resources
(Sustainable Development) Act 1990 insert--
"113A Discovery of coal seam gas to be reported
(1) A person who discovers any coal seam gas
on any land must report in writing that
discovery to the Minister as soon as
practicable.
(2) The Minister may, by notice served on
the person reporting a discovery under
subsection (1), require that person to provide
the Minister with further details relating to
the discovery specified in the notice within
the period specified in the notice.
(3) A person must comply with a notice served
on that person under subsection (2).
Penalty: 50 penalty units.".
7 New sections 121A and 121B inserted
After section 121 of the Mineral Resources
(Sustainable Development) Act 1990 insert--
"121A State liability
(1) Despite any Act (other than the Charter of
Human Rights and Responsibilities) or law
to the contrary, the State is not liable in any
way for any loss, damage or injury of any
kind resulting directly or indirectly from or
arising out of--
(a) the amendments made to this Act
by the Resources Legislation
Amendment (Fracking Ban)
Act 2017; or
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 2--Amendment of Mineral Resources
(Sustainable Development) Act 1990
(b) the refusal to accept an application for
an exploration licence, a mining licence
or a retention licence to the extent that
the licence specifies that it is to relate to
coal seam gas; or
(c) the refusal to grant an exploration
licence, a mining licence or a retention
licence that would entitle the holder to
explore for coal seam gas; or
(d) the imposition of conditions relating
to coal seam gas on an exploration
licence, a mining licence or a retention
licence; or
(e) the variation of conditions relating
to coal seam gas on an exploration
licence, a mining licence or a retention
licence; or
(f) the refusal to approve a work plan
under which the exploration for, or the
mining of, coal seam gas is proposed to
be carried out; or
(g) the refusal to approve a work plan
under which hydraulic fracturing is
proposed to be carried out; or
(h) a decision under this Act not being
made in relation to an application for--
(i) an exploration licence, a mining
licence or a retention licence to
the extent that the licence
specifies that it is to relate to
coal seam gas; or
(ii) an exploration licence, a mining
licence or a retention licence that
would entitle the holder to explore
for coal seam gas; or
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 2--Amendment of Mineral Resources
(Sustainable Development) Act 1990
(iii) the variation of conditions relating
to coal seam gas on an exploration
licence, a mining licence or a
retention licence; or
(iv) the approval of a work plan under
which the exploration for, or the
mining of, coal seam gas is
proposed to be carried out; or
(v) the approval a work plan under
which hydraulic fracturing is
proposed to be carried out.
(2) Subsection (1)(b), (c), (d), (e), (f) and (g)
apply to a refusal, imposition or variation
made on or after 24 August 2012 and
whether any loss, damage or injury resulting
from or arising out of that refusal, imposition
or variation is incurred before, on or after the
commencement of this section.
(3) Subsection (1)(h) applies whether any
loss, damage or injury resulting from or
arising out of the fact that a decision is not
made is incurred before, on or after the
commencement of this section.
121B Minister may pay for surrender of
licences
(1) The Minister may pay an amount,
determined by Order made under
subsection (2), for the surrender within
6 months after the commencement of the
Resources Legislation Amendment
(Fracking Ban) Act 2017 of any of the
following licences if the licence is in force
immediately before that commencement--
(a) an exploration licence under which
the holder is entitled to carry out
exploration for coal seam gas;
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 2--Amendment of Mineral Resources
(Sustainable Development) Act 1990
(b) a mining licence or retention licence
under which the holder is entitled to
carry out mining of or exploration for
coal seam gas.
(2) The Minister may determine, by Order
published in the Government Gazette, the
amount for the purposes of subsection (1).".
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 3--Amendment of Petroleum Act 1998
Part 3--Amendment of Petroleum Act 1998
8 General definitions
In section 4 of the Petroleum Act 1998 insert the
following definition--
"hydraulic fracturing means the injection of a
substance or substances into a bore under
pressure for the purposes of stimulating a
geological formation;".
9 New section 16A inserted
After section 16 of the Petroleum Act 1998
insert--
"16A Offence to carry out hydraulic fracturing
A person must not carry out any hydraulic
fracturing in the course of carrying out any
petroleum operation.
Penalty: 200 penalty units.
Default penalty:
In the case of a corporation,
20 penalty units.
In any other case, 10 penalty
units.".
10 New section 17A inserted
After section 17 of the Petroleum Act 1998
insert--
"17A Moratorium on petroleum exploration
and petroleum production
(1) Subject to this section, despite anything to
the contrary in this Act or any condition of
a relevant authority, the carrying out of
any petroleum exploration or petroleum
production during the moratorium period is
not authorised under that authority.
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 3--Amendment of Petroleum Act 1998
(2) Subsection (1) does not affect any
requirement or obligation imposed on the
holder of a relevant authority by or under
this Act or under a condition of the authority
during the moratorium period.
(3) In addition, subsection (1) does not affect--
(a) the authorisation of petroleum
exploration or petroleum production
during the moratorium period by the
following production licences--
(i) Production Licence 1 registered in
the petroleum register on 1 March
1985;
(ii) Production Licence 2 registered in
the petroleum register on
31 December 1990;
(iii) Production Licence 3 registered in
the petroleum register on 10 May
1993;
(iv) Production Licence 11 registered
in the petroleum register on
14 May 2002;
(v) Production Licence 13 registered
in the petroleum register on
7 February 2006; or
(b) the authorisation under a production
licence of petroleum storage in a
reservoir that is carried out in
accordance with a storage development
plan approved under Division 7 of
Part 5 that applies to the production
licence.
(4) Despite anything to the contrary in this Act,
the Minister must not grant a relevant
authority during the moratorium period.
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 3--Amendment of Petroleum Act 1998
(5) In this section--
moratorium period means the period
beginning on the day on which the
Resources Legislation Amendment
(Fracking Ban) Act 2017 comes into
operation and ending on 30 June 2020;
relevant authority means an exploration
permit, a retention lease or a production
licence.".
11 New sections 251A and 251B inserted
After section 251 of the Petroleum Act 1998
insert--
"251A State liability
(1) Despite any Act (other than the Charter of
Human Rights and Responsibilities) or law
to the contrary, the State is not liable in any
way for any loss, damage or injury of any
kind resulting directly or indirectly from or
arising out of--
(a) the amendments made to this Act
by the Resources Legislation
Amendment (Fracking Ban)
Act 2017; or
(b) the refusal to grant a relevant authority;
or
(c) the refusal to approve a petroleum
production development plan; or
(d) the suspension or variation of a
condition on a relevant authority; or
(e) the extension of the term of a relevant
authority when a condition of the
authority is suspended; or
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 3--Amendment of Petroleum Act 1998
(f) the refusal to give consent to the
carrying out of a petroleum operation;
or
(g) the refusal to accept the operation plan
for a petroleum operation; or
(h) a decision under this Act not being
made in relation to an application for--
(i) a relevant authority; or
(ii) the suspension or variation of a
condition on a relevant authority;
or
(iii) the acceptance of consent for the
carrying out of a petroleum
operation; or
(iv) the acceptance of an operation
plan for a petroleum operation; or
(i) any consent that is deemed to have
been given under this Act on or after
24 August 2012 in relation to a relevant
authority.
(2) Subsection (1)(b), (c), (d), (e), (f) and (g)
apply to a refusal, suspension, variation or
extension made on or after 24 August 2012
and whether any loss, damage or injury
resulting from or arising out of that refusal,
suspension, variation or extension is incurred
before, on or after the commencement of this
section.
(3) Subsection (1)(h) and (i) apply whether any
loss, damage or injury resulting from or
arising out of the fact that a decision is not
made, or resulting from or arising out of a
deemed consent, is incurred before, on or
after the commencement of this section.
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 3--Amendment of Petroleum Act 1998
(4) In this section--
relevant authority means an exploration
permit, a retention lease or a production
licence.
251B Minister may pay for surrender of
authority
(1) The Minister may pay an amount,
determined by an Order made under
subsection (2), for the surrender within
6 months after the commencement of the
Resources Legislation Amendment
(Fracking Ban) Act 2017 of a relevant
authority if the authority is in force
immediately before that commencement.
(2) The Minister may determine, by Order
published in the Government Gazette, the
amount for the purposes of subsection (1).
(3) In this section--
relevant authority means an exploration
permit, a retention lease or a production
licence.".
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 4--Consequential amendments
Part 4--Consequential amendments
12 Amendment of Resources Legislation Amendment
(BTEX Prohibition and Other Matters) Act 2014
Sections 13, 25 and 69 of the Resources
Legislation Amendment (BTEX Prohibition
and Other Matters) Act 2014 are repealed.
14
Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Part 5--Repeal of amending Act
Part 5--Repeal of amending Act
13 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
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Resources Legislation Amendment (Fracking Ban) Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend
the Mineral Resources (Sustainable Development) Act 1990 and the
Petroleum Act 1998 to prevent the exploration and mining of coal seam
gas, to ban hydraulic fracturing and to impose a moratorium on petroleum
exploration and production in onshore areas of Victoria, to enable the
Minister to pay for the surrender of licences, leases and permits, to make
consequential amendments to the Resources Legislation Amendment
(BTEX Prohibition and Other Matters) Act 2014 and for other
purposes."
By Authority. Government Printer for the State of Victoria.
16
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