Petroleum Legislation Amendment Bill 2018 – Northern Territory to introduce 'appropriate person' test
Authors: James Plumb, Partner & Timothy Bowles, Solicitor
In a further step towards lifting the moratorium on hydraulic fracturing of onshore unconventional reservoirs in the Northern Territory, the Territory government introduced the Petroleum Legislation Amendment Bill 2018 (NT) (Bill) into Parliament on 29 November 2018.
As part of its commitment to enact the 135 recommendations arising out of the Independent Scientific Inquiry into Hydraulic Fracturing, the draft Bill proposes the introduction of the following changes to the legislative regime:
The introduction of a broad right for any person to seek judicial review of a decision made by the regulator under the Petroleum Act or the Petroleum (Environment) Regulations;
A requirement for applicants for a permit or licence to be 'appropriate persons'; and
A requirement for the holders of permits and licences to comply with Codes of Practice (to be prescribed under Regulation), and the potential for penalties to be imposed for breach of such Codes.
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