Title: Petroleum and Geothermal Energy (Hydraulic Fracturing) AmendmentBill 2014
Author: Office of Parliamentary Counsel
Category: parliamentary.copy
Document comments: lc32

Legislative Council—No 32
As introduced and read a first time, 24 September 2014

Petroleum and Geothermal Energy (Hydraulic Fracturing) Amendment Bill 2014

Petroleum and Geothermal Energy (Hydraulic Fracturing) Amendment Bill 2014
Part 1—Preliminary

Petroleum and Geothermal Energy (Hydraulic Fracturing) Amendment Bill 2014
Preliminary—Part 1

Petroleum and Geothermal Energy (Hydraulic Fracturing) Amendment Bill 2014
Part 2—Amendment of Petroleum and Geothermal Energy Act 2000

Petroleum and Geothermal Energy (Hydraulic Fracturing) Amendment Bill 2014
Amendment of Petroleum and Geothermal Energy Act 2000—Part 2

South Australia
Petroleum and Geothermal Energy (Hydraulic Fracturing) Amendment Bill 2014
A Bill For
An Act to amend the Petroleum and Geothermal Energy Act 2000.

Contents
Part 1—Preliminary
1	Short title
2	Amendment provisions
Part 2—Amendment of Petroleum and Geothermal Energy Act 2000
3	Insertion of Section 137A
137A	Hydraulic fracturing

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Petroleum and Geothermal Energy (Hydraulic Fracturing) Amendment Act 2014.
2—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Petroleum and Geothermal Energy Act 2000
3—Insertion of Section 137A
After section 137 insert:
137A—Hydraulic fracturing
	(1)	Despite the other provisions of this Act—
	(a)	during the prescribed period—a person is not entitled to carry out any fracturing operations under a prescribed licence on any land within the State; and
	(b)	after the end of the prescribed period—a person is not entitled to carry out any fracturing operations under a prescribed licence—
	(i)	on any land used (wholly or in part) for the business of primary production; or
	(ii)	on any land within a designated zone.
	(2)	The Minister must, during the prescribed period, cause a report to be prepared on the possible impact of fracturing operations on—
	(a)	water quality; and
	(b)	soil health; and
	(c)	climate change; and
	(d)	local economies.
	(3)	The Minister must ensure that the report is provided in written form and must cause a copy of the report to be laid before both Houses of Parliament before the end of the prescribed period.
	(4)	No compensation is payable by or on behalf of the State in connection with the operation of this section.
	(5)	In this section—
business of primary production means the business of agriculture, pasturage, horticulture, viticulture, apiculture, poultry farming, dairy farming, forestry or any other business consisting of the cultivation of soils, the gathering in of crops or the rearing of livestock;
compensation includes damages or any other form of monetary compensation;
designated zone means any of the following zones established by a Development Plan under the Development Act 1993:
	(a)	Coastal Conservation Zones;
	(b)	Coastal Open Space Zones;
	(c)	Conservation Zones;
	(d)	Watershed Protection Zones;
	(e)	any form of residential zone;
	(f)	any other zone of a kind prescribed by the regulations for the purposes of this definition;
fracturing operations means any operations that involve the recovery (or potential or enhanced recovery) of a form of gas by the high‑pressure injection of water (including water containing a chemical or any other substance) or any other substance into a wellbore so as to create fractures in rocks or rock formations, other than operations for the production of geothermal energy;
prescribed licence means—
	(a)	an exploration licence granted after the commencement of this section;
	(b)	a production licence granted after the commencement of this section;
prescribed period means the period beginning on the commencement of this section and ending on the second anniversary of that commencement.

LC GP 368-B: the Hon Mark Parnell MLC