Part 4 Consent of other government authorities
Division 1 Titles other than production leases
(1) If a person is authorised under this Act to carry out operations authorised under a petroleum title other than a production lease:(a) nothing in, or done under, an environmental planning instrument operates so as to prevent the holder of the title carrying out any such operations on the land comprised in the title, and(b) to the extent to which anything in, or done under, any such instrument would so operate, it is of no effect in relation to the holder.(2) A reference in this section to an environmental planning instrument does not include a reference to a State environmental planning policy made on or after the commencement of this subsection.
Division 2 Objections by government agencies to granting of production leases
48 Application of this Division to Government bodies where development consent etc not required
(1) This Division does not apply to the grant of a production lease if a development consent (or approval under Part 3A or Part 5.1 of the Environmental Planning and Assessment Act 1979) is required before the land is used for the purpose of obtaining petroleum.(2) The Minister may, by order published in the Gazette, designate a corporation established by an Act as a statutory authority for the purposes of this Division. A corporation so designated is a statutory authority for the purposes of this Division.
49 Notice of application for production lease to be sent to Government Departments
If the Minister is of the opinion that a Government Department or statutory authority will be materially affected by the granting of a production lease, the Minister must cause to be served on that Department or authority a notice:(a) stating that an application for the lease has been lodged, and(b) containing a description or a plan of the area of land over which the lease is sought, and(c) stating that objections to the granting of the lease, or proposals for the inclusion in the lease of any condition, may be made to the Minister within the period specified in the notice.
50 Notice to be sent to Director of Planning
(1) The Minister, before granting a production lease, must cause to be served on the Director of Planning a notice:(a) stating that an application for the lease has been lodged, and(b) containing a description or a plan of the area of land over which the lease is sought, and(c) containing a detailed description of the works to be undertaken by or on behalf of the applicant for the lease if granted, including works and activities relating to:(i) the preparation of the land for petroleum mining, and(ii) the reinstatement of the land either during the carrying on of petroleum mining operations or after they have ceased, and(d) containing a copy of any environmental impact statement that is required by the Environmental Planning and Assessment Act 1979 to be prepared in relation to the application, and(e) stating that objections to the granting of the lease, or proposals for the inclusion in the lease of any condition, may be made to the Minister within the period specified in the notice.(2) If, before granting a production lease, the Minister becomes aware that the detailed description contained in a notice served under subsection (1) or a notice served under this subsection requires alteration for any reason, the Minister, before granting the lease, must cause to be served on the Director of Planning a notice of the alteration.
51 Objection to grant of production lease
A Government Department or statutory authority or the Director of Planning, if served with a notice under this Division, may, within the period specified in the notice, by instrument in writing lodged with the Minister:(a) object to the granting of a production lease, or(b) propose that the conditions specified in the instrument be included in the lease, if granted.
(1) The Minister may take, or cause to be taken, such steps as the Minister thinks appropriate in connection with any objection or proposal made under this Division and if agreement is not then reached concerning the acceptance, modification or withdrawal of the objection or proposal, the matter is to be referred to the Premier.(2) If any matter is referred to the Premier under this section the Premier may give whatever decision the Premier thinks appropriate.(3) (Repealed)
53 Grant of production lease after objection or proposal
(1) A production lease must include:(a) a condition proposed, in accordance with this Division, to be included in it (unless the proposal for the inclusion of the condition is withdrawn, or rejected by the decision of the Premier) or, if the condition is modified, the condition as so modified, and(b) any condition directed to be included in the lease by the decision of the Premier.(2) The failure to include a condition in a lease as required by this section does not affect the validity of the lease, but the Minister may, by instrument in writing, amend the lease so as to include the condition omitted.(3) The Minister must cause to be served on the registered holder of a lease amended under subsection (2) a notice in writing setting out the details of the amendment, and the amendment has effect from the date on which the notice is served.
54 Power to refuse grant of title not affected
Nothing in this Division affects any discretion of the Minister to refuse an application for a production lease for any reason that is sufficient under this Act for such a refusal.
Division 3 Objections by local councils to granting of production leases
54A Division applies only where development consent etc not required
This Division does not apply to the grant of a production lease if a development consent (or approval under Part 3A or Part 5.1 of the Environmental Planning and Assessment Act 1979) is required before the land is used for the purpose of obtaining petroleum.
In this Division:council has the same meaning as it has in the Local Government Act 1993.
local government area has the same meaning as area has in the Local Government Act 1993.
56 Notice of application to be sent to councils in certain cases
If the land to which an application for a production lease relates is not affected by an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979 that comprehensively specifies the purposes for which development is prohibited and the purposes for which development may be carried out, either with or without the consent of any person or body, the Minister must cause to be served on the council within whose local government area the land is situated a notice:(a) stating that an application for the lease has been lodged, and(b) containing a description or a plan of the area of land over which the lease is sought, and(c) stating that objection to the granting of the lease, or proposals for the inclusion in the lease of any condition, may be made to the Minister within the period specified in the notice.
A council served with a notice under this Division may, within the period specified in the notice, by instrument in writing lodged with the Minister:(a) object to the granting of a production lease, or(b) propose that the conditions specified in the instrument be included in the lease, if granted.
In deciding whether or not to grant a production lease, the Minister is to take into account any objection or proposal made under this Division.
59 Granting of petroleum title after objection or proposal
Petroleum mining operations under a production lease granted in respect of land after compliance with the provisions of this Division may be commenced within 5 years from the date on which the lease takes effect without the necessity for a development consent under the Environmental Planning and Assessment Act 1979 if, within that 5-year period, the land comes to be affected by an environmental planning instrument which prohibits those operations or prohibits those operations without consent.
60 Consent still required for certain works
This Division does not operate so as to exempt the holder of a production lease from obtaining any consent which the holder is required to obtain in connection with the erection of buildings, the opening of roads or the subdivision of land.
61 Power to refuse grant of title not affected
Nothing in this Division affects any discretion of the Minister to refuse an application for a production lease for any reason that is sufficient under this Act for such a refusal.
Division 4 Development consents under the Environmental Planning and Assessment Act 1979
In this Division:consent authority means an authority or body empowered to grant a development consent.
development consent has the same meaning as in the Environmental Planning and Assessment Act 1979.
64 Consent of landowner not necessary in application required by this Division
Any requirement of or made under the Environmental Planning and Assessment Act 1979 that an application for development consent to the use of land for the purpose of obtaining petroleum be accompanied by the consent of the owner of the land is of no effect.
67 Development consent under Environmental Planning and Assessment Act 1979
(1) This section applies if development consent is required for the use of land for the purpose of obtaining petroleum.(2) The Minister must not grant a production lease over the land unless an appropriate development consent is in force in respect of the land.
69 Power to refuse grant of title not affected
Nothing in this Division affects any discretion of the Minister to refuse an application for a production lease for any reason that is sufficient under this Act for such a refusal.