Division 1Provisions relating to titles
generally
8Application for petroleum
title
(1)
Any person may apply for a petroleum
title.
(2)
The following applications may not be made except
pursuant to an invitation under Schedule 1A (Competitive selection process for
petroleum prospecting titles):
(a)
an application for an exploration licence or
special prospecting authority,
(b)
an application for an assessment lease made by an
applicant other than the holder of an exploration licence over the land in
respect of which the assessment lease is sought.
s 8: Subst 2015 No
39, Sch 2 [1].
9Areas over which petroleum
titles may not be granted
(1)
The Minister must not grant a petroleum title
over any of the following land (the excluded
areas):
(a)
an area designated by the Minister, by
notification published in the Gazette, as an area in respect of which a
petroleum title is not to be granted, or
(b)
an area included in an existing petroleum title
held by a person other than the applicant, or
(c)
an area included in another application for a
petroleum title:
(i)
that was made before the applicant’s
application, and
(ii)
that has not been withdrawn or otherwise finally
disposed of.
(1A)
Despite subsection (1) (c), the Minister may
grant a petroleum title over an area included in another application for a
petroleum title if that other application and the applicant’s
application are both made pursuant to an invitation under Schedule 1A
(Competitive selection process for petroleum prospecting
titles).
(2)
A notification under subsection (1) (a) may be
varied or rescinded by a subsequent notification.
(3)–(6)
s 9: Am 2000 No 90,
Sch 4 [3]; 2001 No 112, Sch 1.23 [2]; 2006 No 125, Sch 2.7; 2015 No 39, Sch 2
[2]; 2015 No 40, Sch 2 [5] [6].
10
s 10: Am 1993 No 46,
Sch 1. Rep 2015 No 39, Sch 2 [3].
11Making of applications for
petroleum titles
An application for a petroleum title must be made
in a form approved by the Minister and may be delivered or forwarded by post,
facsimile or electronically to the Secretary, or may be made electronically as
approved by the Secretary.
s 11: Am 2012 No 42,
Sch 1.22 [1] [2].
12Fee for processing
applications
An application for a petroleum title must be
accompanied by the lodgment fee prescribed by the regulations.
s 12: Am 1998 No 5,
Sch 1 [2]; 2012 No 46, Sch 6.1 [2].
13Applications to be supported
by plans
An application for a petroleum title must be
accompanied by a map or plan, drawn in accordance with the regulations, on
which there is delineated the boundaries of the area to which the title is
intended to apply.
14Applications to be supported
by proposed work program
(1)
An application for a petroleum title must be
accompanied by a proposed work program that:
(a)
indicates the nature and extent of operations to
be carried out under the authority conferred by the relevant petroleum title,
and
(b)
sets out commitments relating to the conduct of
those operations (such as the timing of the operations),
and
(c)
provides for the carrying out of activities (such
as community consultation and environmental management and rehabilitation) in
connection with, or ancillary to, those operations, and
(d)
complies with the
regulations.
(2)
In the case of an application for a production
lease, the requirement in subsection (1) can be satisfied by providing a
current development consent under the Environmental
Planning and Assessment Act 1979 for the conduct of
petroleum mining operations, or the construction and maintenance of works or
structures, in respect of which the production lease is being applied
for.
s 14: Subst 2015 No
40, Sch 2 [7].
15Applications to be supported
by evidence of financial capability
(1)
An application for a petroleum title must be
accompanied by evidence of:
(a)
the financial capability of the applicant,
and
(b)
the technical qualifications of the applicant and
of the applicant’s technical advisers, and
(c)
the ability of the applicant to comply with the
provisions of this Act and the regulations relating to the petroleum title for
which application is made.
(2), (3)
s 15: Am 2015 No 40,
Sch 2 [8] [9].
16Grant or refusal of petroleum
titles
(1)
After considering an application for a petroleum
title, the Minister:
(a)
may grant the petroleum title over land of any
title or tenure in any onshore area within the State other than an excluded
area within the meaning of section 9, or
(b)
may refuse the
application.
(2)
A petroleum title takes effect on the date on
which it is signed by the Minister or on a later date specified in the
title.
(3)
Notification of the grant of a petroleum title or
of a refusal to grant an application is to be published in the
Gazette.
(4)
The Minister is to notify the Minister
administering the Threatened Species Conservation Act
1995 of the grant of any petroleum title in relation to
land that is a biobank site (within the meaning of Part 7A of that
Act).
Note—
Schedule 1B contains provisions about the
consideration of applications for petroleum titles and the grounds for refusal
of such applications.
s 16: Subst 1998 No
5, Sch 1 [3]. Rep 2012 No 46, Sch 6.1 [3]. Ins 2015 No 40, Sch 2
[10].
16A, 17
s 16A: Ins 1998 No 5,
Sch 1 [3]. Rep 2012 No 46, Sch 6.1 [3].
s 17: Rep 2015 No 40,
Sch 2 [11].
18Title to
nominee
(1)
A petroleum title may, at the request in writing
of the applicant, be granted to a person nominated by the
applicant.
(2)
When such a request is made, a reference in this
Act to the applicant for a title includes a reference to the
nominee.
19Renewal of
title
(1)
The holder of a petroleum title may apply for
renewal of the title by application made within the time prescribed by
subsection (2) or (2A).
Note—
Schedule 1B contains provisions about the
consideration of applications for the renewal of petroleum titles and the
grounds for refusal of such applications.
(2)
The prescribed time in relation to a special
prospecting authority or an exploration licence is not earlier than 2 months
and not later than 1 month before the authority or licence ceases to have
effect.
(2A)
The prescribed time in relation to a petroleum
title other than a special prospecting authority or an exploration licence is
not earlier than 5 years and not later than 1 year (or, if the term of the
title is for 1 year or less, not earlier than 2 months and not later than 1
month) before the title ceases to have effect.
(2AA)
An application for renewal of an exploration
licence:
(a)
may be made in respect of one or more parts (but
not more than such number of parts as may be prescribed by the regulations) of
the land comprised in the exploration licence when the application for renewal
is made, and
(b)
if it relates to renewal in respect of part only
of the land comprised in the licence—must be accompanied by a
description, prepared in the manner prescribed by the regulations, of the land
over which renewal of the licence is sought, and
(c)
may include a description of any special
circumstances that the applicant claims (for the purposes of section 19B)
exist that justify the area of land over which the licence is renewed
exceeding 75% of the size of:
(i)
the area over which the licence was originally
granted (in the case of a first renewal of the licence),
or
(ii)
the area over which its last previous renewal was
granted (in any other case).
(2AB)
An application for renewal must be accompanied
by:
(a)
the application fee prescribed by the
regulations, and
(b)
any information that is prescribed by the
regulations.
(2B)
After considering an application for renewal of a
petroleum title, the Minister:
(a)
may renew the petroleum title,
or
(b)
may refuse the
application.
(3), (3A)
(4)
A renewed title may, at the discretion of the
Minister, be granted for a shorter term than that of the original
title.
(4A)
The area of land over which a petroleum title is
renewed may differ from the area of land over which the renewal of the title
is sought, but not so as to include any land that was not subject to the title
immediately before the renewal.
(5)
Any requirements, prohibitions and restrictions
under this Act that relate to titles and applications for titles apply (except
to the extent provided by this Act or the regulations) in the same way to
renewals and applications for renewal.
s 19: Am 1993 No 46,
Sch 1; 1998 No 5, Sch 1 [4]–[6]; 2012 No 46, Sch 6.1 [4]; 2015 No 39,
Sch 2 [4]; 2015 No 40, Sch 2 [12]–[15].
19AWithdrawal of application for
grant or renewal of petroleum title
(1)
An application for a petroleum title, or for the
renewal of a petroleum title, may be withdrawn by means of a written notice of
withdrawal signed by the applicant and lodged with the
Secretary.
(2)
An application ceases to have effect when a
notice of withdrawal is lodged under this section.
(3)
The withdrawal of an application under this
section is irrevocable.
s 19A: Ins 2001 No
112, Sch 1.23 [3].
19BLand over which exploration
licences may be renewed
(1)
The area of land over which an exploration
licence may be renewed is not to exceed 75% of the size of:
(a)
the area over which the licence was originally
granted, in the case of a first renewal of the licence, or
(b)
the area over which its last previous renewal was
granted, in any other case.
(2)
However, the Minister may grant a renewal over
more than 75% of the size of the area over which the licence was originally or
last granted if:
(a)
the applicant for renewal claims that special
circumstances exist that justify doing so, and
(b)
the Minister is satisfied that special
circumstances exist that justify doing so.
(3)
Without limiting the considerations available to
the Minister in determining whether special circumstances exist for the
purposes of this section, the Minister may take into account any partial
cancellation of the exploration licence on the request of the holder of the
licence under section 22, and reduce the percentage of the area of land over
which the renewal may not be granted.
(4)
The Minister may direct an applicant for renewal
of an exploration licence, within the time specified in the direction, to
nominate which part of the area of land is sought to be included in the new
exploration licence, where the licence may not be renewed over the whole area
of land.
(5)
The Minister may refuse to renew an exploration
licence if such a direction is not complied with within the time specified in
the direction (in addition to the other grounds for refusal in clause 5 of
Schedule 1B).
(6)
The Minister is not bound to renew an exploration
licence over the area nominated by the applicant in compliance with a
direction under this section or otherwise.
s 19B: Ins 2015 No
40, Sch 2 [16].
20Continuation of title pending
renewal
If an application for the renewal of a title has
not been withdrawn or otherwise finally disposed of before the date on which
the title would, but for this section, expire, the title continues in force
until the date on which the application is withdrawn or otherwise finally
disposed of.
s 20: Subst 2001 No
112, Sch 1.23 [4].
20A, 21
s 20A: Rep 2015 No
40, Sch 2 [17].
s 21: Am 2013 No 106,
Sch 2 [1]. Rep 2015 No 40, Sch 2 [18].
s 20A: Ins 1993 No
46, Sch 1.
22Grounds of cancellation of
petroleum titles
(1)
The Minister may cancel a petroleum title as to
the whole or any part of the land to which it relates:
(a)
if the holder of the petroleum title lodges with
the Secretary a request that the Minister cancel the petroleum title as to the
whole or part of the land, or
(b)
if the Minister is satisfied that the holder of
the petroleum title has contravened a provision of this Act or the regulations
(whether or not the holder is prosecuted or convicted of any offence arising
from the contravention), or
(c)
if the Minister is satisfied that a person has
contravened a condition of the petroleum title (whether or not the person is
prosecuted or convicted of any offence arising from the contravention),
or
(d)
if the Minister is satisfied that the holder of
the petroleum title provided false or misleading information in or in
connection with an application for or with respect to the petroleum title or
any report provided under this Act, or
(e)
if the Minister is satisfied that the holder of
the petroleum title has failed to comply with the requirements of any
agreement or assessment under Part 11 in relation to the payment of
compensation, or
(f)
if the holder of the petroleum title is convicted
of any offence relating to prospecting, mining or petroleum,
or
(g)
if the Minister is satisfied that the holder of
the petroleum title has failed to use the land the subject of the petroleum
title in good faith for the purposes for which the petroleum title has been
granted, or has used the land for a purpose other than that for which the
petroleum title has been granted, or
(h)
if the Minister is satisfied that there has been
a contravention of a direction under section 75 or 77, or
(i)
if the Minister is satisfied that the land is
required for a public purpose.
(2)
A request for the cancellation of the petroleum
title as to part only of the land to which it relates must be accompanied by a
description, prepared in the manner prescribed by the regulations, of the land
in respect of which the petroleum title is to be
cancelled.
(3)
Action may be taken under this section whether or
not any other action has been taken in respect of the petroleum title under
this Act.
s 22: Am 1993 No 46,
Sch 1; 2000 No 90, Sch 2.2 [2]–[5]; 2001 No 112, Sch 1.23 [5] [6]; 2012
No 46, Sch 6.1 [5]–[7]; 2012 No 95, Sch 2.24; 2014 No 10, Sch 5 [1] [2].
Subst 2015 No 40, Sch 2 [19].
22ACancellations of petroleum
titles
(1)
Before cancelling a petroleum title, otherwise
than at the request of the holder of the title, the Minister is to cause a
written notice to be served on the holder of the title that contains the
following:
(a)
notice that the title is proposed to be
cancelled,
(b)
details of the grounds for the proposed
cancellation,
(c)
notice that the holder of the title has a
specified period (of at least 28 days) in which to make representations with
respect to the proposed cancellation.
(2)
The Minister must not cancel a petroleum title,
otherwise than at the request of the holder of the title, unless:
(a)
the Minister has taken any such representations
received from the holder of the title into consideration,
or
(b)
the period specified in the notice has elapsed
and no such representations have been received.
(3)
The Minister is to cause written notice of the
cancellation of a petroleum title to be given to the holder of the petroleum
title.
(4)
The cancellation takes effect on the date on
which the written notice of the cancellation is given to the holder of the
petroleum title, or on a later date specified in the
notice.
(5)
The cancellation of a petroleum title does not
affect any liability incurred by the holder of the petroleum title before the
cancellation took effect.
(6)
No compensation is payable by the Crown for or in
respect of the cancellation of a petroleum title.
s 22A: Ins 2015 No
40, Sch 2 [19].
22BAppeals against decisions
concerning cancellations of petroleum titles
(1)
Any person who is aggrieved by the decision of
the Minister to cancel a petroleum title held by the person may appeal to the
Land and Environment Court against the decision.
(2)
Such an appeal is to be made:
(a)
within 14 days after written notice of the
cancellation is served on the holder of the petroleum title,
or
(b)
within such further period as the Land and
Environment Court may allow.
(3)
In deciding whether or not to allow a further
period for appeal, the Land and Environment Court is to have regard to:
(a)
the circumstances that have prevented the
appellant from making the appeal within the 14 days referred to in subsection
(2) (a), and
(b)
the consequences to the appellant, and to persons
other than the appellant, of a decision allowing a further period for appeal,
and
(c)
the consequences to the appellant, and to persons
other than the appellant, of a decision refusing a further period for appeal,
and
(d)
the public interest.
(4)
An appeal is to be heard by way of a new hearing,
and fresh evidence, or evidence additional to the evidence available to the
Minister when the decision was made, may be admitted in the
hearing.
(5)
Subject to any order made by the Land and
Environment Court, the lodging of an appeal does not operate to stay the
decision appealed against.
(6)
The decision of the Land and Environment Court on
an appeal is final and is to be given effect to as if it were the decision of
the Minister.
(7)
This section does not apply to a cancellation
that was requested by the holder of the petroleum title.
s 22B: Ins 2015 No
40, Sch 2 [19].
23, 24
s 23: Am 1993 No 46,
Sch 1. Rep 2015 No 40, Sch 2 [20].
s 24: Rep 2015 No 40,
Sch 2 [20].
24AFit 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 22A (6) of this Act
extends to the cancellation of 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.
related
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,
(d)
the Environmental
Planning and Assessment Act 1979,
(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.
s 24A: Ins 2013 No
106, Sch 2 [2]. Subst 2014 No 10, Sch 5 [3]. Am 2015 No 40, Sch 2 [21]
[22].
25Limitation on challenges to
validity of titles
(1)
The grant of a petroleum title cannot be
challenged in any legal proceedings commenced later than 3 months after the
date on which notification of the grant of the title is published in the
Gazette.
(2)
This section has effect regardless of the
provisions of any other Act, but does not apply so as to affect any appeal
from proceedings commenced within the time limited by subsection
(1).
26Title taken to be personal
property
Every petroleum title and any interest in any
such title is to be taken in law to be personal property and not to be of the
nature of real estate. It may be disposed of during the lifetime of the holder
and on the holder’s death descends or devolves on intestacy or by will
as personal property.
27Discovery of petroleum to be
notified
If petroleum is discovered in land comprised in a
petroleum title, the holder of the title:
(a)
must immediately inform the Minister of the
discovery, and
(b)
must, within a period of 3 days after the date of
the discovery, furnish to the Minister particulars in writing of the
discovery.
28Directions by Secretary on
discovery of petroleum
(1)
If petroleum is discovered in land comprised in a
petroleum title, the Secretary may, from time to time, by instrument in
writing served on the holder of the title, direct the holder to furnish to the
Secretary, within the period specified in the instrument, particulars in
writing of any one or more of the following:
(a)
the chemical composition and the physical
properties of the petroleum, and
(b)
the nature of the stratum in which the petroleum
occurs, and
(c)
any other matters relating to the discovery that
are specified by the Secretary in the instrument.
(2)
The Secretary may, by instrument in writing
served on the holder of the title, direct the holder to do, within the period
specified in the instrument, such things as the Secretary thinks necessary and
specifies in the instrument to determine the chemical composition and physical
properties of the petroleum and to determine the quantity of petroleum in the
petroleum deposit to which the discovery relates or, if part only of that
petroleum deposit is within the land comprised in the title, in the part of
the petroleum deposit that is within that land.
28ARight to explore for natural
reservoirs
(1)
In addition to the other rights conferred by the
title, every petroleum title confers on its holder the right to carry on such
operations as are necessary to explore the land comprised in the title for the
existence and availability of natural reservoirs.
(2)
The right conferred by operation of subsection
(1) is subject to any order of the Minister served on the holder of the title
and section 29.
(3)
By order under this section, the Minister may
prohibit, or direct the holder of the title to desist from, carrying on
operations of a kind specified in the order.
(4)
Contravention of an order under this section is
taken to be a breach of the conditions of the title.
s 28A: Ins 2000 No
90, Sch 2.2 [6]. Am 2008 No 19, Sch 2.8 [1].
28BRight to beneficial use of gas
yielded through prospecting
(1)
In addition to the other rights conferred by the
title, an exploration licence or assessment lease confers on its
holder:
(a)
the right to carry out such operations as may be
described by the regulations to enable the beneficial use of gas recovered
from the land comprised in the licence or lease, but only if that gas would
otherwise have been flared or released into the atmosphere as part of
activities under the licence or lease, and
(b)
the right to use that gas subject to, and in
accordance with, the regulations.
(2)
The regulations may make provision for or with
respect to royalty payable under Part 7 in respect of gas used in accordance
with this section.
s 28B: Ins 2015 No
40, Sch 2 [23].
s 28B: Ins 2015 No
39, Sch 2 [5].