Victorian Numbered Acts

RESOURCES LEGISLATION AMENDMENT (FRACKING BAN) ACT 2017 (NO. 8 OF 2017) - SECT 7

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

        (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

              (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;

        (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).".

Part 3—Amendment of Petroleum Act 1998