An Act to amend mining, petroleum and planning laws to make further provision for the grounds for certain administrative decisions affecting mining rights and petroleum titles and the interrelationship between mining and petroleum laws and planning laws; and for other purposes.
1 Name of Act
This Act is the Mining and Petroleum Legislation Amendment Act 2014.
2 Commencement
This Act commences on the date of assent to this Act.
Schedule 1 Amendment of Mining Act 1992 No 29
[1] Section 22 Power of decision-maker in relation to applications
Insert “that the decision-maker is satisfied” before “that the applicant” in section 22 (2) (a).
[2] Section 22 (2) (b)
Omit “decision-maker reasonably considers”. Insert instead “decision-maker is satisfied”.
[3] Section 23 Power of decision-maker in relation to tenders
Insert “that the decision-maker is satisfied” before “that the tenderer” in section 23 (3) (a).
[4] Section 23 (3) (b)
Omit “decision-maker reasonably considers”. Insert instead “decision-maker is satisfied”.
[5] Section 41 Power of decision-maker in relation to applications
Insert “that the decision-maker is satisfied” before “that the applicant” in section 41 (2) (a).
[6] Section 41 (2) (b)
Omit “decision-maker reasonably considers”. Insert instead “decision-maker is satisfied”.
[7] Section 63 Power of decision-maker in relation to applications
Insert “that the decision-maker is satisfied” before “that the applicant” in section 63 (2) (a).
[8] Section 63 (2) (b)
Omit “decision-maker reasonably considers”. Insert instead “decision-maker is satisfied”.
[9] Section 64 Power of decision-maker in relation to tenders
Insert “that the decision-maker is satisfied” before “that the tenderer” in section 64 (3) (a).
[10] Section 64 (3) (b)
Omit “decision-maker reasonably considers”. Insert instead “decision-maker is satisfied”.
[11] Section 65 Development consents under Environmental Planning and Assessment Act 1979
Insert at the end of section 65 (1):Note—Section 380AA prevents an application for development consent to mine coal from being made or granted unless the applicant is the holder of an authority that is in force in respect of coal and the land concerned.
[12] Section 114 Power of decision-maker in relation to renewal applications
Insert “that the decision-maker is satisfied” before “that the applicant” in section 114 (2) (a).
[13] Section 114 (2) (b)
Insert “that the decision-maker is satisfied” before “that a person”.
[14] Section 114 (2) (c)
Omit “decision-maker reasonably considers”. Insert instead “decision-maker is satisfied”.
[15] Section 121 Power of decision-maker in relation to transfer approval applications
Insert “that the decision-maker is satisfied” before “that the applicant” in section 121 (2) (a).
[16] Section 121 (2) (b)
Omit “decision-maker reasonably considers”. Insert instead “decision-maker is satisfied”.
[17] Section 125 Grounds of cancellation of authority
Omit “if the holder of the authority contravenes” from section 125 (1) (b).Insert instead “if the decision-maker is satisfied that the holder of the authority has contravened”.
[18] Section 125 (1) (b1)
Omit “a person contravenes”.Insert instead “the decision-maker is satisfied that a person has contravened”.
[19] Section 125 (1) (b2)
Omit “the decision-maker reasonably considers”.Insert instead “the decision-maker is satisfied”.
[20] Section 125 (1) (c)
Omit “the holder of the authority fails”.Insert instead “the decision-maker is satisfied that the holder of the authority has failed”.
[21] Section 125 (1) (e)
Omit “the land”. Insert instead “the decision-maker is satisfied that the land”.
[22] Section 125 (1) (f)
Omit the paragraph. Insert instead:(f) if the decision-maker is satisfied that the holder of the authority has failed to use the land comprised in the authority in good faith for the purposes for which the authority has been granted, or has used the land for a purpose other than that for which the authority has been granted.
[23] Section 380AA
Insert after section 380:380AA Restrictions on planning applications for coal mining(1) An application for development consent, or for the modification of a development consent, to mine for coal cannot be made or determined unless (at the time it is made or determined) the applicant is the holder of an authority that is in force in respect of coal and the land where mining for coal is proposed to be carried out, or the applicant has the written consent of the holder of such an authority to make the application.Note—The Dictionary to this Act defines development consent to include an approval under Part 3A or Part 5.1 of the Environmental Planning and Assessment Act 1979.(2) For that purpose, an authority in respect of coal need not be in force in respect of the whole of the land to which the application for development consent relates but must be in force for the land where mining for coal is proposed.(3) For the purposes of this section, an authority that is a mining lease is considered to be in force in respect of the land on which it authorises prospecting or mining for coal, and not in respect of land on which it only authorises the carrying out of mining purposes (and not prospecting or mining for coal). A mining lease is not an authority for the purposes of this section if it is for mining purposes only.(4) The Director-General must notify the appropriate planning authority of any decision under this Act to cancel or refuse to renew an authority in respect of coal if the Director-General is aware that an application for development consent, or for the modification of a development consent, to mine for coal on the land concerned has been made but not determined.(5) In this section:application includes request.means:(a) the Director of Planning in the case of an application for development consent for State significant development, State significant infrastructure or a transitional Part 3A project under the Environmental Planning and Assessment Act 1979, or(b) the consent authority under that Act in relation to any other application.mine for coal means to extract coal from land.
[24] Section 380A
Omit the section. Insert instead:380A Fit and proper person consideration in making certain decisions about mining rights(1) Despite anything to the contrary in this Act, any of the following decisions under this Act may be made on the ground that, in the opinion of the decision-maker, a relevant person is not a fit and proper person (without limiting any other ground on which such a decision may be made):(a) a decision to refuse to grant or renew a mining right (a relevant person in such a case being an applicant for the grant or renewal of the mining right),(b) a decision to refuse to transfer a mining right (a relevant person in such a case being the proposed transferee),(c) a decision to cancel a mining right or to suspend operations under a mining right (in whole or in part), a relevant person in such a case being a holder of the mining right,(d) a decision to restrict operations under a mining right by the imposition or variation of conditions of a mining right (a relevant person in such a case being a holder of the mining right).(2) For the purpose of determining whether a person is a fit and proper person, the decision-maker may take into consideration any or all of the following matters (but without limiting the matters that can be taken into consideration for that purpose):(a) whether the person or (in the case of a body corporate) a director of the body corporate or of a related body corporate has compliance or criminal conduct issues (as defined in this section),(b) in the case of a body corporate, whether a director of the body corporate or of a related body corporate is or has been a director of another body corporate that has compliance or criminal conduct issues (as defined in this section) but only if the person was a director of that other body corporate at the time of the conduct that resulted in the compliance or criminal conduct issues,(c) the person’s record of compliance with relevant legislation (established to the satisfaction of the decision-maker),(d) in the case of a body corporate, the record of compliance with relevant legislation (established to the satisfaction of the decision-maker) of any director of the body corporate or a related body corporate,(e) whether, in the opinion of the decision-maker, the management of the activities or works that are or are to be authorised, required or regulated under the mining right are not or will not be in the hands of a technically competent person,(f) whether, in the opinion of the decision-maker, the person is not of good repute,(g) in the case of a body corporate, whether, in the opinion of the decision-maker, a director of the body corporate or a related body corporate is not of good repute,(h) whether, in the opinion of the decision-maker, the person is not of good character, with particular regard to honesty and integrity,(i) in the case of a body corporate, whether, in the opinion of the decision-maker, a director of the body corporate or a related body corporate is not of good character, with particular regard to honesty and integrity,(j) whether the person, during the previous 3 years, was an undischarged bankrupt or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit,(k) in the case of an individual, whether he or she is or was a director of a body corporate that is the subject of a winding up order or for which a controller or administrator has been appointed during the previous 3 years,(l) in the case of a body corporate, whether the body corporate or a related body corporate is the subject of a winding up order or has had a controller or administrator appointed during the previous 3 years,(m) whether the person has demonstrated to the decision-maker the financial capacity to comply with the person’s obligations under the mining right,(n) whether the person is in partnership, in connection with activities that are subject to a mining right or proposed mining right, with a person whom the decision-maker considers is not a fit and proper person under this section,(o) whether the person has an arrangement (formal or informal) in connection with activities that are subject to a mining right or proposed mining right with another person whom the decision-maker considers is not a fit and proper person under this section, if the decision-maker is satisfied that the arrangement gives that other person the capacity to determine the outcome of decisions about financial and operating policies concerning those activities,(p) any other matters prescribed by the regulations.(3) A person or body corporate has compliance or criminal conduct issues if:(a) the decision-maker is satisfied that the person or body corporate has contravened any relevant legislation, whether or not the person or body corporate has been prosecuted for or convicted of an offence arising from the contravention, or(b) in the previous 10 years, the person or body corporate has been convicted in New South Wales or elsewhere of a serious offence or an offence involving fraud or dishonesty, or(c) the person or body corporate has held a mining right, or any other instrument issued or granted under relevant legislation, that has been suspended, cancelled or revoked.(4) The grant, renewal or transfer of a mining lease can be refused on the ground that the Minister is of the opinion that the applicant is not a fit and proper person even if:(a) the mining lease is necessary for the carrying out of State significant development that is authorised by a development consent, despite section 89K of the Environmental Planning and Assessment Act 1979 (the Planning Act), or(b) the mining lease is necessary for the carrying out of approved State significant infrastructure under Part 5.1 of the Planning Act, despite section 115ZH of that Act, or(c) the mining lease is necessary for the carrying out of a transitional Part 3A project under Schedule 6A to the Planning Act, despite section 75V of that Act, or(d) section 91A or 93 of the Planning Act would otherwise prevent that refusal.(5) To avoid doubt, sections 127 (1) and 205 (1) of this Act extend to the cancellation of a mining right under this section.(6) A relevant person who is aggrieved by a decision referred to in subsection (1) made on the ground that in the opinion of the decision-maker the person is not a fit and proper person may apply to the Land and Environment Court for a review of the decision-maker’s opinion, and the following provisions apply to such a review:(a) the review is to be by way of redetermination of the question of whether the relevant person is a fit and proper person, and fresh material or material in addition to, or in substitution for, the material considered by the decision-maker in the determination of that question may be given on the review and taken into consideration by the Court,(b) on a review the Court is to decide whether or not the relevant person is a fit and proper person,(c) the decision of the Court on a review is final and is to be given effect to by the decision-maker,(d) the decision-maker is to take whatever action may be necessary to give effect to the Court’s decision including action to revoke and remake any decision referred to in subsection (1).(7) In this section:director of a body corporate includes any person involved in the management of the affairs of the body corporate.mining right means an exploration licence, an assessment lease, a mining lease, a mineral claim or an opal prospecting licence.has the same meaning as in the Corporations Act 2001 of the Commonwealth.relevant legislation means the following legislation:(a) this Act,(b) the Petroleum (Onshore) Act 1991,(c) the environment protection legislation,(e) the work health and safety legislation,(f) any other legislation prescribed by the regulations under this Act.serious offence means:(a) an offence committed in New South Wales that is punishable by imprisonment for life or for a term of 5 years or more or by a fine of $500,000 or more, or an offence committed elsewhere than in New South Wales that if committed in New South Wales would be an offence so punishable, or(b) an offence committed under a law of the Commonwealth that is punishable by imprisonment for life or for a term of 5 years or more or by a fine of $500,000 or more.
[25] Schedule 6 Savings, transitional and other provisions
Insert at the end of the Schedule with appropriate Part and clause numbering:Part Provisions consequent on enactment of Mining and Petroleum Legislation Amendment Act 2014Operation of planning amendments(1) Section 380AA (Restrictions on planning applications for coal mining) extends to any application for development consent, or modification of development consent, that was made (but not determined) before the date of assent to the Mining and Petroleum Legislation Amendment Act 2014.(2) Section 380A (4) (as enacted by the Mining and Petroleum Legislation Amendment Act 2014) extends to permit the Minister to refuse the grant, renewal or transfer of a mining lease even if the development consent that would otherwise have prevented refusal was granted before the date of assent to the Mining and Petroleum Legislation Amendment Act 2014.Operation of fit and proper person testSection 380A (as enacted by the Mining and Petroleum Legislation Amendment Act 2014) applies to any decision made after the commencement of that section, including:(a) a decision with respect to an application or other matter that was pending on that commencement, and(b) a decision based on conduct that occurred, or on a matter that arose, before that commencement.Matters of which decision-maker to be satisfiedAn amendment made to section 22, 23, 41, 63, 64, 114, 121 or 125 by the Mining and Petroleum Legislation Amendment Act 2014 applies to any decision made after the commencement of the amendment, including:(a) a decision with respect to a matter that was pending on that commencement, and(b) a decision based on conduct that occurred, or on a matter that arose, before that commencement.
[26] Schedule 6A Cancellation of certain authorities
Omit clause 13 (3). Insert instead:(3) A reference in a provision of this Act or the regulations to the conditions of an authority includes a reference to a preserved condition of a relevant licence.
[27] Schedule 6A, clause 13 (4)
Omit “A reference in section 378D”.Insert instead “For the purposes of the application of a provision of this Act to and in respect of a preserved condition of a relevant licence, a reference in the provision”.
Schedule 2 Amendment of Environmental Planning and Assessment Act 1979 No 203
[1] Section 78A Application
Insert at the end of section 78A (1):Note—Section 380AA of the Mining Act 1992 provides that an application for development consent to mine for coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned.
[2] Section 89E Consent for State significant development
Insert at the end of section 89E (1):Note—Section 380AA of the Mining Act 1992 provides that an application in respect of State significant development for the mining of coal can only be determined if it is made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned.
[3] Section 89K Approvals etc legislation that must be applied consistently
Insert at the end of section 89K (1) (c):Note—Under section 380A of the Mining Act 1992, a mining lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.
[4] Section 89K (1) (d)
Insert at the end of the paragraph:Note—Under section 24A of the Petroleum (Onshore) Act 1991, a production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.
[5] Section 91A Development that is integrated development
Insert at the end of section 91A (5):Note—Under section 380A of the Mining Act 1992 and section 24A of the Petroleum (Onshore) Act 1991, a mining lease or production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.
[6] Section 93 Granting and modification of approval by approval body
Insert at the end of section 93 (1):Note—Under section 380A of the Mining Act 1992 and section 24A of the Petroleum (Onshore) Act 1991, a mining lease or production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.
[7] Section 96 Modification of consents—generally
Insert at the end of section 96 (1):Note—Section 380AA of the Mining Act 1992 provides that an application for modification of development consent to mine for coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned.
[8] Section 115X Application for approval of State significant infrastructure
Insert at the end of section 115X (1):Note—Section 380AA of the Mining Act 1992 provides that an application in respect of State significant infrastructure for the mining of coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned.
[9] Section 115ZH Approvals etc legislation that must be applied consistently
Insert at the end of section 115ZH (1) (c):Note—Under section 380A of the Mining Act 1992, a mining lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.
[10] Section 115ZH (1) (d)
Insert at the end of the paragraph:Note—Under section 24A of the Petroleum (Onshore) Act 1991, a production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.
[11] Section 115ZI Modification of Minister’s approval
Insert at the end of section 115ZI (2):Note—Section 380AA of the Mining Act 1992 provides that a request for the modification of approval for State significant infrastructure for the mining of coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned.
[12] Schedule 6A Transitional arrangements—repeal of Part 3A
Insert after clause 2:2A Public interest consideration for Part 3A projects(1) To avoid doubt, it is declared that the Minister is authorised (and is taken always to have been authorised) to take the public interest into account when deciding whether or not to approve the carrying out of a project or to give approval for a concept plan under Part 3A, before or after the repeal of that Part.(2) It does not matter whether the Director-General’s report on the project did or did not give consideration to or make any recommendation about the public interest or any particular aspect of the public interest.
Schedule 3 Amendment of Environmental Planning and Assessment Regulation 2000
Schedule 1 Forms
Insert after clause 2 (1) (k):(k1) in the case of development comprising mining for coal (within the meaning of section 380AA of the Mining Act 1992)—documentary evidence that the applicant holds an authority under the Mining Act 1992 in respect of coal and the land concerned or has the written consent of the holder of such an authority to make the development application,
Schedule 4 Amendment of Mining Amendment Act 2008 No 19
[1] Schedule 1 Amendment of Mining Act 1992
Omit the definitions of environmental performance, other relevant legislation and relevant person from proposed section 237 in Schedule 1 [204].
[2] Schedule 1 [204]
Omit the heading to proposed section 238. Insert instead:238 Environment to be taken into account
[3] Schedule 1 [204]
Omit proposed section 238 (1) (b).
[4] Schedule 1 [204]
Omit proposed section 238 (4).
[5] Schedule 1 [204]
Omit proposed section 239 (Meaning of environmental performance).
Schedule 5 Amendment of Petroleum (Onshore) Act 1991 No 84
[1] Section 22 Cancellation and suspension of title
Omit section 22 (1). Insert instead:(1) A petroleum title may be cancelled by the Minister if the Minister is satisfied that its holder has, at any time during the term of the title:(a) contravened or failed to fulfil any of the conditions of the title, or(b) failed to use the land comprised in the title in good faith for the purposes for which it has been granted, or(c) used the land for a purpose other than that for which the title has been granted, or(d) contravened a provision of this Act or the regulations (whether or not the holder has been prosecuted or convicted of an offence arising from the contravention).
[2] Section 22 (3A)
Omit the subsection. Insert instead:(3A) The Minister may suspend all or any specified operations under a petroleum title until further notice if the Minister is satisfied that the holder of the title has contravened:(a) a requirement under this Act to pay royalty, or to give or maintain security for the performance of the holder’s obligations under the title, or(b) any condition of the title that is identified as a condition related to environmental management.
[3] Section 24A
Omit the section. Insert instead:24A Fit and proper person consideration in making certain decisions about petroleum titles(1) Despite anything to the contrary in this Act, any of the following decisions under this Act may be made on the ground that, in the opinion of the Minister, a relevant person is not a fit and proper person (without limiting any other ground on which such a decision may be made):(a) a decision to refuse to grant or renew a petroleum title (a relevant person in such a case being an applicant for the grant or renewal of the petroleum title),(b) a decision to refuse to transfer a petroleum title (a relevant person in such a case being the proposed transferee),(c) a decision to cancel a petroleum title or to suspend operations under a petroleum title (in whole or in part), a relevant person in such a case being a holder of the petroleum title,(d) a decision to restrict operations under a petroleum title by the imposition or variation of conditions of a petroleum title (a relevant person in such a case being a holder of the petroleum title).(2) For the purpose of determining whether a person is a fit and proper person, the Minister may take into consideration any or all of the following matters (but without limiting the matters that can be taken into consideration for that purpose):(a) whether the person or (in the case of a body corporate) a director of the body corporate or of a related body corporate has compliance or criminal conduct issues (as defined in this section),(b) in the case of a body corporate, whether a director of the body corporate or of a related body corporate is or has been a director of another body corporate that has compliance or criminal conduct issues (as defined in this section) but only if the person was a director of that other body corporate at the time of the conduct that resulted in the compliance or criminal conduct issues,(c) the person’s record of compliance with relevant legislation (established to the satisfaction of the Minister),(d) in the case of a body corporate, the record of compliance with relevant legislation (established to the satisfaction of the Minister) of any director of the body corporate or a related body corporate,(e) whether, in the opinion of the Minister, the management of the activities or works that are or are to be authorised, required or regulated under the petroleum title are not or will not be in the hands of a technically competent person,(f) whether, in the opinion of the Minister, the person is not of good repute,(g) in the case of a body corporate, whether, in the opinion of the Minister, a director of the body corporate or a related body corporate is not of good repute,(h) whether, in the opinion of the Minister, the person is not of good character, with particular regard to honesty and integrity,(i) in the case of a body corporate, whether, in the opinion of the Minister, a director of the body corporate or a related body corporate is not of good character, with particular regard to honesty and integrity,(j) whether the person, during the previous 3 years, was an undischarged bankrupt or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit,(k) in the case of an individual, whether he or she is or was a director of a body corporate that is the subject of a winding up order or for which a controller or administrator has been appointed during the previous 3 years,(l) in the case of a body corporate, whether the body corporate or a related body corporate is the subject of a winding up order or has had a controller or administrator appointed during the previous 3 years,(m) whether the person has demonstrated to the Minister the financial capacity to comply with the person’s obligations under the petroleum title,(n) whether the person is in partnership, in connection with activities that are subject to a petroleum title or proposed petroleum title, with a person whom the Minister considers is not a fit and proper person under this section,(o) whether the person has an arrangement (formal or informal) in connection with activities that are subject to a petroleum title or proposed petroleum title with another person whom the Minister considers is not a fit and proper person under this section, if the Minister is satisfied that the arrangement gives that other person the capacity to determine the outcome of decisions about financial and operating policies concerning those activities,(p) any other matters prescribed by the regulations.(3) A person or body corporate has compliance or criminal conduct issues if:(a) the Minister is satisfied that the person or body corporate has contravened any relevant legislation, whether or not the person or body corporate has been prosecuted for or convicted of an offence arising from the contravention, or(b) in the previous 10 years, the person or body corporate has been convicted in New South Wales or elsewhere of a serious offence or an offence involving fraud or dishonesty, or(c) the person or body corporate has held a petroleum title, or any other instrument issued or granted under relevant legislation, that has been suspended, cancelled or revoked.(4) The grant, renewal or transfer of a petroleum title can be refused on the ground that the Minister is of the opinion that the applicant is not a fit and proper person even if:(a) the petroleum title is necessary for the carrying out of State significant development that is authorised by a development consent, despite section 89K of the Environmental Planning and Assessment Act 1979 (the Planning Act), or(b) the petroleum title is necessary for the carrying out of approved State significant infrastructure under Part 5.1 of the Planning Act, despite section 115ZH of that Act, or(c) the petroleum title is necessary for the carrying out of a transitional Part 3A project under Schedule 6A to the Planning Act, despite section 75V of that Act, or(d) section 91A or 93 of the Planning Act would otherwise prevent that refusal.(5) To avoid doubt, section 22 (5) of this Act extends to the cancellation of (or suspension of operations under) a petroleum title under this section.(6) A relevant person who is aggrieved by a decision referred to in subsection (1) made on the ground that in the opinion of the Minister the person is not a fit and proper person may apply to the Land and Environment Court for a review of the Minister’s opinion, and the following provisions apply to such a review:(a) the review is to be by way of redetermination of the question of whether the relevant person is a fit and proper person, and fresh material or material in addition to, or in substitution for, the material considered by the Minister in the determination of that question may be given on the review and taken into consideration by the Court,(b) on a review the Court is to decide whether or not the relevant person is a fit and proper person,(c) the decision of the Court on a review is final and is to be given effect to by the Minister,(d) the Minister is to take whatever action may be necessary to give effect to the Court’s decision including action to revoke and remake any decision referred to in subsection (1).(7) In this section:director of a body corporate includes any person involved in the management of the affairs of the body corporate.has the same meaning as in the Corporations Act 2001 of the Commonwealth.relevant legislation means the following legislation:(a) this Act,(b) the Mining Act 1992,(c) the environment protection legislation,(e) the work health and safety legislation within the meaning of the Mining Act 1992,(f) any other legislation prescribed by the regulations under this Act.serious offence means:(a) an offence committed in New South Wales that is punishable by imprisonment for life or for a term of 5 years or more or by a fine of $500,000 or more, or an offence committed elsewhere than in New South Wales that if committed in New South Wales would be an offence so punishable, or(b) an offence committed under a law of the Commonwealth that is punishable by imprisonment for life or for a term of 5 years or more or by a fine of $500,000 or more.
[4] Schedule 1 Savings and transitional provisions
Insert at the end of the Schedule with appropriate Part and clause numbering:Part Provisions consequent on enactment of Mining and Petroleum Legislation Amendment Act 2014Operation of fit and proper person test(1) Section 24A (as enacted by the Mining and Petroleum Legislation Amendment Act 2014) applies to any decision made after the commencement of that section, including:(a) a decision with respect to an application or other matter that was pending on that commencement, and(b) a decision based on conduct that occurred, or on a matter that arose, before that commencement.(2) Section 24A (4) (as enacted by the Mining and Petroleum Legislation Amendment Act 2014) extends to permit the Minister to refuse the grant, renewal or transfer of a petroleum title even if the development consent that would otherwise have prevented refusal was granted before the date of assent to the Mining and Petroleum Legislation Amendment Act 2014.Grounds for cancellation or suspension of petroleum titleAn amendment made to section 22 by the Mining and Petroleum Legislation Amendment Act 2014 applies to any decision made after the commencement of the amendment, including:(a) a decision with respect to a matter that was pending on that commencement, and(b) a decision based on conduct that occurred, or on a matter that arose, before that commencement.