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Crown Minerals Act 1991

Permits, access to land, and other matters - Decommissioning of petroleum infrastructure and wells - Exemptions and deferrals

89Y: Exemption and deferral powers of Minister

You could also call this:

"The Minister can let people off some rules or delay them, with conditions."

Illustration for Crown Minerals Act 1991

The Minister can choose to exempt or defer certain rules for people who hold permits or licences. You might be exempt from decommissioning some infrastructure or plugging and abandoning a well. The Minister can also decide to defer the time for complying with these rules. The Minister can grant exemptions or deferrals with certain conditions, and they can change or cancel them. They can grant exemptions for a limited or indefinite time and replace them when they expire. If you apply for an exemption or deferral, you must follow the correct process and pay any required fee. If the Minister grants your application, they will tell you why they made that decision. The Minister can also grant exemptions or deferrals to a group of people, which is done through regulations, see section 105.

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89X: Joint and several liability, or

"Everyone who holds a permit or licence is responsible together and individually for meeting its obligations."

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89Z: Criteria for granting exemption, or

"How the Minister decides to exempt you from some rules"

Part 1BPermits, access to land, and other matters
Decommissioning of petroleum infrastructure and wells: Exemptions and deferrals

89YExemption and deferral powers of Minister

  1. The Minister may, on application or on their own initiative, and if they consider it appropriate,—

  2. exempt a permit holder or licence holder from the requirements of this subpart to decommission a particular item of petroleum infrastructure (in whole or in part) or to plug and abandon a particular well; or
    1. defer the time for complying with an obligation to decommission a particular item of petroleum infrastructure (in whole or in part) or to plug and abandon a particular well.

      1. The Minister may—

      2. grant an exemption or a deferral on any terms and conditions that they consider appropriate:
        1. amend or revoke an exemption or a deferral:
          1. grant an exemption for an indefinite or a limited period:
            1. replace an exemption or a deferral either before or when it expires.

              1. An application under subsection (1) must be made in the prescribed manner (if any) and be accompanied by the prescribed fee (if any).

              2. If the Minister grants an exemption or a deferral under this section, the Minister must provide the licence holder or permit holder with reasons for their decision and state them in the notice of exemption or deferral.

              3. Class exemptions and class deferrals may be granted by regulations (see section 105).

              Notes
              • Section 89Y: inserted, on , by section 18 of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).
              • Section 89Y(1)(a): amended, on , by section 53 of the Crown Minerals Amendment Act 2025 (2025 No 40).
              • Section 89Y(1)(b): amended, on , by section 53 of the Crown Minerals Amendment Act 2025 (2025 No 40).