Victorian Numbered Acts

RESOURCES LEGISLATION AMENDMENT (FRACKING BAN) ACT 2017 (NO. 8 OF 2017) - SECT 11

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

        (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.

    (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.".

Part 4—Consequential amendments