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Landholders’ Right to Refuse (Coal Seam Gas) Bill 2011

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Landholders’ Right to Refuse (Coal Seam Gas) Act 2011 .

2   Commencement

                   This Act commences on the day after this Act receives the Royal Assent.

3   Definitions

                   In this Act:

coal seam gas mining activity means any activity undertaken for the purpose of exploration for or production of coal seam gas.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

court means the Federal Court of Australia.

food producing land means land that has produced food at any time in the previous 10 years from the day the first coal gas seam mining activity has been, or is proposed to be, undertaken on the land.

land includes:

                     (a)  land within the beds and banks of streams, watercourses and inundated land; and

                     (b)  waters in, upon and above land; and

                     (c)  subterranean land.

ownership interest in food producing land: see section 4.

prior written authorisation means an authorisation given under section 11 that has not expired.

4   Meaning of ownership interest in food producing land

             (1)  A person has an ownership interest in food producing land if the person has a legal or equitable interest in it or a right to occupy it.

             (2)  Despite subsection (1), a person does not have an ownership interest in food producing land if the interest or right in the land arises as a result of a right granted under a law of the Commonwealth, a State or a Territory to engage in coal seam gas mining activities.

5   Act binds the Crown

                   This Act binds the Crown in each of its capacities.

6   Extension to external Territories

                   This Act extends to every external Territory.

7   Relationship to State and Territory laws

                   This Act is not intended to exclude or limit the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.