Division 2Exploration
permits for petroleum
20Exploration for petroleum
(1)
A person shall not explore for petroleum in the
adjacent area except:
(a)
under and in accordance with a permit,
or
(b)
as otherwise permitted by this
Part.
Maximum penalty: 500 penalty units or
imprisonment for 5 years, or both.
(2)
For the purposes of subsection (1), a person who
does anything preparatory to, or knowingly connected with, exploration for
petroleum is taken to explore for petroleum.
s 20: Am 1991 No 85,
Sch 2 (1); 1992 No 112, Sch 1.
21Advertisement of blocks
(1)
The Minister may, by instrument published in the
Gazette:
(a)
invite applications for the grant of a permit in
respect of the block or blocks specified in the instrument,
and
(b)
specify a period within which applications may be
made.
(2)
The Minister may, for reasons that the Minister
thinks sufficient, in an instrument under subsection (1), direct that section
22 (2) or (3) does not apply, or that both of those subsections do not apply,
to or in relation to the applications.
(3)–(5)
s 21: Am 1991 No 85,
Sch 1 (1).
22Application for permit
(1)
An application under section 21:
(a)
shall be in accordance with an approved
form,
(b)
shall be made in an approved
manner,
(c)
shall be in respect of not more than 400
blocks,
(d)
shall be accompanied by particulars of:
(i)
the proposals of the applicant for work and
expenditure in respect of the blocks specified in the
application,
(ii)
the technical qualifications of the applicant and
of the applicant’s employees,
(iii)
the technical advice available to the applicant,
and
(iv)
the financial resources available to the
applicant,
(e)
may set out any other matters that the applicant
wishes the Minister to consider, and
(f)
shall be accompanied by the prescribed
fee.
(2)
The number of blocks specified in the
application:
(a)
if 16 blocks or more are available—shall
not be less than 16, or
(b)
if less than 16 blocks are available—shall
be the number available.
(3)
The blocks specified in the application shall be
blocks that are constituted by graticular sections that:
(a)
constitute a single area, and
(b)
are such that each graticular section in that
area has a side in common with at least 1 other graticular section in that
area.
(4)
The Minister may, at any time, by instrument in
writing served on the applicant, require the applicant to furnish, within the
time specified in the instrument, further information in writing in connection
with the application.
(5)
s 22: Am 1991 No 6,
Sch 1 (1).
23Grant or refusal of permit in relation to
application
(1)
Where an application has been made under section
21, the Minister may:
(a)
by instrument in writing served on the applicant,
inform the applicant that the Minister is prepared to grant to the applicant a
permit in respect of the block or blocks specified in the instrument,
or
(b)
refuse to grant a permit to the
applicant.
(2)
An instrument under subsection (1) shall
contain:
(a)
a summary of the conditions subject to which the
permit is to be granted, and
(b)
a statement to the effect that the application
will lapse if the applicant does not make a request under subsection (3) in
respect of the grant of the permit.
(3)
An applicant on whom there has been served an
instrument under subsection (1) may, within a period of 1 month after the date
of service of the instrument on the applicant, or within such further period,
not exceeding 1 month, as the Minister, on application in writing served on
the Minister before the expiration of the firstmentioned period of 1 month,
allows, by instrument in writing served on the Minister, request the Minister
to grant to the applicant the permit referred to in the firstmentioned
instrument.
(4)
Where an applicant on whom there has been served
an instrument under subsection (1) has made a request under subsection (3)
within the period applicable under subsection (3), the Minister shall grant to
the applicant an exploration permit for petroleum in respect of the block or
blocks specified in the instrument.
(5)
Where an applicant on whom there has been served
an instrument under subsection (1) has not made a request under subsection (3)
within the period applicable under subsection (3), the application lapses upon
the expiration of that period.
s 23: Am 1991 No 85,
Sch 2 (6).
24Application for permit in respect of surrendered etc
blocks
(1)
Where:
(a)
a lease is surrendered, cancelled or determined
as to a block or blocks,
(aa)
a licence is surrendered or cancelled as to a
block or blocks, or
(b)
a permit is surrendered, cancelled or determined
as to a block or blocks and, at the time of the surrender, cancellation or
determination, the block was, or was included in, or the blocks were, or were
included in, a location,
the Minister may, at any subsequent time, by instrument
published in the Gazette, invite applications for the grant of a permit in
respect of that block or such of those blocks as are specified in the
instrument and specify a period within which applications may be
made.
(2), (3)
(4)
An application under this section:
(a)
shall be in accordance with an approved
form,
(b)
shall be made in an approved
manner,
(c)
shall be accompanied by the particulars referred
to in section 22 (1) (d),
(d)
shall specify an amount that the applicant is
prepared to pay to the Minister, in addition to the fee referred to in section
25 (1) (a), in respect of the grant of a permit on the application,
and
(e)
may set out any other matters that the applicant
wishes the Minister to consider.
(5)
The Minister may, at any time, by instrument in
writing served on the applicant, require the applicant to furnish, within the
time specified in the instrument, further information in writing in connexion
with this application.
s 24: Am 1986 No 59,
Sch 3 (1); 1991 No 85, Sch 1 (2).
25Application fee etc
(1)
An application under section 24 shall be
accompanied by:
(a)
the prescribed fee, and
(b)
a deposit of 10 per cent of the amount specified
in the application under section 24 (4) (d).
(2)
Where a permit is not granted on the application,
the amount of the deposit is, subject to subsection (3), to be refunded to the
applicant.
(3)
Where an applicant on whom there has been served
an instrument under section 26 does not request the Minister, in accordance
with section 27, to grant the permit referred to in the instrument, the
deposit shall not, unless the Minister otherwise determines, be refunded to
the applicant.
s 25: Am 1991 No 6,
Sch 1 (2).
26Consideration of application
(1)
Where, at the expiration of the period specified
in an instrument under section 24 (1), only 1 application has been made under
that subsection in respect of the block or blocks specified in the instrument,
the Minister may reject the application or may, by instrument in writing
served on the applicant, inform the applicant that the Minister is prepared to
grant to the applicant a permit in respect of that block or those
blocks.
(2)
Where, at the expiration of the period specified
in an instrument under section 24 (1), 2 or more applications have been made
under that subsection in respect of the block or blocks specified in the
instrument, the Minister may reject any or all of the applications and, if the
Minister does not reject all of the applications, may:
(a)
if only 1 application remains unrejected—by
instrument in writing served on the applicant, or
(b)
if 2 or more applications remain
unrejected—by instrument in writing served on the applicant, or on 1 of
the applicants, whose application has not been rejected and who has specified
as the amount that the applicant is prepared to pay in respect of the grant of
a permit to the applicant an amount that is not less than the amount specified
by any other applicant whose application has not been
rejected,
inform the applicant that the Minister is prepared to
grant to the applicant a permit in respect of that block or those
blocks.
(3), (4)
(5)
An instrument under this section shall
contain:
(a)
a summary of the conditions subject to which the
permit is to be granted, and
(b)
a statement to the effect that the application
will lapse if the applicant does not:
(i)
make a request under section 27 (1),
and
(ii)
pay the balance of the amount to be paid in
respect of the grant of the permit to the applicant or enter into an agreement
under section 110 in respect of that balance.
s 26: Am 1991 No 85,
Schs 1 (3), 2 (7).
27Request by applicant for grant of permit in respect of
advertised blocks
(1)
An applicant on whom there has been served an
instrument under section 26 may, within a period of 3 months after the date of
service of the instrument on the applicant, or within such further period, not
exceeding 3 months, as the Minister, on application in writing served on the
Minister before the expiration of the firstmentioned period of 3 months,
allows:
(a)
by instrument in writing served on the Minister,
request the Minister to grant to the applicant the permit referred to in the
firstmentioned instrument, and
(b)
pay the balance of the amount to be paid in
respect of the grant of the permit to the applicant or enter into an agreement
under section 110 in respect of that balance.
(c)
(2)
Where an applicant on whom there has been served
an instrument under section 26:
(a)
has not made a request under subsection (1),
and
(b)
has not paid the balance of the amount to be paid
in respect of the grant of the permit to the applicant or entered into an
agreement under section 110 in respect of that balance,
(c)
within the period applicable under subsection (1), the
application lapses upon the expiration of that period.
(3)
Where the application of an applicant on whom
there has been served an instrument under section 26 (2) lapses as provided by
subsection (2), section 26 (2) applies in respect of the application or
applications, if any, then remaining unrejected.
s 27: Am 1991 No 85,
Sch 2 (8).
28Grant of permit on request
Where a person on whom there has been served an
instrument under section 26:
(a)
has made a request under section 27 (1),
and
(b)
has paid the balance of the amount to be paid in
respect of the grant of a permit to the applicant or has entered into an
agreement under section 110 in respect of that balance,
(c)
within the period applicable under section 27 (1), the
Minister shall grant to that person an exploration permit for petroleum in
respect of the block or blocks specified in the instrument.
s 28: Am 1991 No 85,
Sch 2 (9).
29Rights conferred by permit
A permit, while it remains in force, authorizes
the permittee, subject to this Act and the regulations and in accordance with
the conditions to which the permit is subject, to explore for petroleum, and
to carry on such operations and execute such works as are necessary for that
purpose, in the permit area.
30Term of permit
Subject to this Part, a permit remains in
force:
(a)
in the case of a permit granted otherwise than by
way of the renewal of a permit—for a period of 6 years commencing on the
day on which the permit is granted or, if a later day is specified in the
permit as being the day on which the permit is to come into force, on that
later day, and
(b)
in the case of a permit granted by way of the
renewal of a permit—for a period of 5 years commencing on the day on
which the permit is granted or, if a later day is specified in the permit as
being the day on which the permit is to come into force, on that later
day.
s 30: Am 1985 No 129,
Sch 1 (2).
31Application for renewal of permit
(1)
Subject to sections 32 and 32A, a permittee may,
from time to time, make an application to the Minister for the renewal of the
permit in respect of such of the blocks the subject of the permit as are
specified in the application.
(2)
An application for the renewal of the
permit:
(a)
shall be in accordance with an approved
form,
(b)
subject to subsection (3), shall be made in an
approved manner not less than 3 months before the date of expiration of the
permit, and
(c)
shall be accompanied by the prescribed
fee.
(3)
The Minister may, for reasons that the Minister
thinks sufficient, receive an application for the renewal of the permit less
than 3 months before, but not in any case after, the date of expiration of the
permit.
s 31: Am 1991 No 6,
Sch 1 (3); 2005 No 35, Sch 1 [1].
32Application for renewal of permit to be in respect of
reduced area
(1)
Subject to subsection (3), the number of blocks
in respect of which an application for the renewal of a permit may be made
shall not exceed the number calculated as follows:
(a)
where the number of blocks in respect of which
the permit is in force is a number that is divisible by 2 without
remainder—one-half of that number, or
(b)
where the number of blocks in respect of which
the permit is in force is a number that is 1 less or 1 more than a number that
is divisible by 4 without remainder—one-half of that lastmentioned
number.
(2)
A block that is, or is included in, a location
and in respect of which the permit is in force shall not be regarded as a
block in respect of which the permit is in force for the purpose of making a
calculation under subsection (1).
(3)
An application for the renewal of a permit may
include, in addition to the blocks referred to in subsection (1), a block that
is, or is included in, a location and in respect of which the permit is in
force, or 2 or more such blocks.
(4)
The blocks specified in an application for the
renewal of a permit shall be blocks that are constituted by or are within
graticular sections that:
(a)
constitute a single area or a number of discrete
areas, and
(b)
are such that each graticular section in the
area, or in each area, has a side in common with at least 1 other graticular
section in that area.
(5)
Where the number of blocks in respect of which an
application for the renewal of a permit may be made is 16 or more, each area
constituted by blocks in respect of which the application is made shall be
constituted by not less than 16 blocks.
(6)
Where the maximum number of blocks in respect of
which an application for the renewal of a permit may be made in accordance
with the preceding provisions of this section is less than 16, the Minister
may, by instrument in writing served on the permittee:
(a)
inform the permittee that the number of blocks in
respect of which the application may be made is such number, not exceeding 16,
as is specified in the instrument, and
(b)
give such directions as the Minister thinks fit
concerning the blocks in respect of which the application may be
made.
(7)
The Minister may, for reasons that the Minister
thinks sufficient:
(a)
direct that subsections (4) and (5) do not apply
to or in relation to a proposed application for the renewal of a permit,
and
(b)
give such directions as the Minister thinks fit
concerning the blocks in respect of which that application may be
made.
32ACertain permits cannot be renewed more than
twice
(1)
This section applies to an application for the
renewal of a permit if:
(a)
the original permit was granted under section
23:
(i)
on or after 1 January 2006,
and
(ii)
as a result of an application made in response to
an invitation in an instrument that was published under section 21 (1) on or
after 1 January 2006, or
(b)
the original permit was granted under section 28
on or after 1 January 2006.
(2)
A permittee must not make such an application if
it could result in the original permit being renewed more than
twice.
s 32A: Ins 2005 No
35, Sch 1 [2].
33Grant or refusal of renewal of permit
(1)
Where an application has been made for the
renewal of a permit, the Minister:
(a)
shall, if the conditions to which the permit is,
or has from time to time been, subject and the provisions of this Part and of
the regulations have been complied with, or
(b)
may, if:
(i)
any of the conditions to which the permit is, or
has from time to time been, subject or any of the provisions of this Part and
of the regulations has not been complied with, and
(ii)
the Minister is, nevertheless, satisfied that
special circumstances exist that justify the granting of the renewal of the
permit,
by instrument in writing served on the person who is
then the permittee, inform the person that the Minister is prepared to grant
to the person the renewal of the permit.
(2)
If any of the conditions to which the permit is,
or has from time to time been, subject or any of the provisions of this Part
and of the regulations has not been complied with, and if the Minister is not
satisfied that special circumstances exist that justify the granting of the
renewal of the permit, the Minister shall, subject to subsection (3), by
instrument in writing served on the person who is then the permittee, refuse
to grant the renewal of the permit.
(3)
The Minister shall not refuse to grant the
renewal of the permit unless:
(a)
the Minister has, by instrument in writing served
on the permittee, given not less than 1 month’s notice of the
Minister’s intention to refuse to grant the renewal of the
permit,
(b)
the Minister has served a copy of the instrument
on such other persons, if any, as the Minister thinks fit,
(c)
the Minister has, in the instrument:
(i)
given particulars of the reasons for the
intention, and
(ii)
specified a date on or before which the permittee
or a person on whom a copy of the instrument is served may, by instrument in
writing served on the Minister, submit any matters that he or she wishes the
Minister to consider, and
(d)
the Minister has taken into account any matters
so submitted to the Minister on or before the specified date by the permittee
or by a person on whom a copy of the firstmentioned instrument has been
served.
(4)
An instrument referred to in subsection (1) shall
contain:
(a)
a summary of the conditions to which the permit,
on the grant of the renewal, is to be subject, and
(b)
a statement to the effect that the application
will lapse if the permittee does not make a request under subsection
(5).
(5)
A permittee on whom there has been served an
instrument under subsection (1) may, within a period of 1 month after the date
of service of the instrument on the permittee, by instrument in writing served
on the Minister, request the Minister to grant to the permittee the renewal of
the permit.
(6)
Where a permittee on whom there has been served
an instrument under subsection (1) has made a request under subsection (5)
within the period referred to in subsection (5), the Minister shall grant to
the permittee the renewal of the permit.
(7)
Where a permittee on whom there has been served
an instrument under subsection (1) has not made a request under subsection (5)
within the period referred to in subsection (5), the application lapses upon
the expiration of that period.
(8)
Where:
(a)
an application for the renewal of a permit has
been made, and
(b)
the permit expires:
(i)
before the Minister grants, or refuses to grant,
the renewal of the permit, or
(ii)
before the application lapses as provided by
subsection (7),
the permit shall be deemed to continue in force in all
respects:
(c)
until the Minister grants, or refuses to grant,
the renewal of the permit, or
(d)
until the application so
lapses,
whichever first happens.
s 33: Am 1991 No 6,
Sch 1 (4); 1991 No 85, Sch 2 (10).
34Conditions of permit
(1)
A permit may be granted subject to such
conditions as the Minister thinks fit and specifies in the
permit.
(2)
The conditions referred to in subsection (1) may
include conditions with respect to:
(a)
work to be carried out by the permittee in or in
relation to the permit area during the term of the permit,
(b)
amounts to be expended by the permittee in the
carrying out of such work, or
(c)
both those matters,
and the conditions requiring the permittee to comply
with directions given in accordance with the permit concerning the matters
referred to in paragraphs (a) and (b).
(3)
A permit shall be deemed to contain a condition
that the permittee will comply with the provisions of this Act relating to the
payment of royalty, as in force from time to time.
35Discovery of petroleum to be notified
(1)
Where petroleum is discovered in a permit area,
the permittee:
(a)
shall forthwith inform the Minister of the
discovery, and
(b)
shall, within a period of 3 days after the date
of the discovery, furnish to the Minister particulars in writing of the
discovery.
(2)
Where petroleum is discovered in a permit area,
the Minister may, from time to time, by instrument in writing served on the
permittee, direct the permittee to furnish to him, within the period specified
in the instrument, particulars in writing of any 1 or more of the
following:
(a)
the chemical composition and physical properties
of the petroleum,
(b)
the nature of the subsoil in which the petroleum
occurs, and
(c)
any other matters relating to the discovery that
are specified by the Minister in the instrument.
(3)
A person to whom a direction is given under
subsection (2) shall comply with the direction.
Maximum penalty: 100 penalty
units.
s 35: Am 1992 No 112,
Sch 1.
36Directions by Minister on discovery of
petroleum
(1)
Where petroleum is discovered in a permit area,
the Minister may, by instrument in writing served on the permittee, direct the
permittee to do, within the period specified in the instrument, such things as
the Minister 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 pool to which the discovery relates
or, if part only of that petroleum pool is within the permit area, in such
part of that petroleum pool as is within the permit
area.
(2)
A person to whom a direction is given under
subsection (1) shall comply with the direction.
Maximum penalty: 100 penalty
units.
s 36: Am 1992 No 112,
Sch 1.
37Nomination of blocks as location
(1)
Where a petroleum pool is identified in a permit
area, the permittee may nominate the block in which the pool is situated, or
the blocks (being blocks within the permit area) to which the pool extends,
for declaration as a location.
(2)
Where 2 or more petroleum pools are identified in
a permit area, the permittee may, instead of making a nomination under
subsection (1) in relation to each pool, nominate all of the blocks to which
the pools extend, or to which any 2 or more of the pools extend, for
declaration as a single location.
(3)
A nomination may not be made under subsection (2)
unless, in the case of each of the pools to which the nomination relates, at
least one of the blocks to which the pool extends immediately adjoins a block
to which the other, or another, of those pools extends.
(4)
A nomination by a permittee must be in writing
and served on the Minister.
(5)
A nomination may not be made by a permittee
unless the permittee or another person has, whether within or outside the
permit area, recovered petroleum from the petroleum pool to which the
nomination relates or, if the nomination relates to more than one pool, from
each of those pools.
(6)
Where:
(a)
the Minister is of the opinion that a permittee
is entitled to nominate a block or blocks under subsection (1) or (2),
and
(b)
the permittee has not done
so,
the Minister may require the permittee to exercise the
permittee’s right to nominate the block or blocks within 3 months after
the date of the making of the requirement.
(7)
A requirement by the Minister under subsection
(6) must be by written notice served on the permittee.
(8)
On written request by a permittee within the
period fixed by subsection (6), the Minister may extend the time for
compliance with a requirement under that subsection by not more than 3
months.
(9)
If a permittee fails to comply with a requirement
under subsection (6), the Minister may, by written notice served on the
permittee, nominate the block or blocks for declaration as a
location.
s 37: Am 1986 No 59,
Sch 3 (2). Subst 1991 No 85, Sch 1 (4).
38Declaration of location
(1)
Where:
(a)
a permittee has made a nomination under section
37, and
(b)
the Minister is of the opinion that the permittee
is entitled under that section to nominate the block or blocks specified in
the nomination,
the Minister must, by notice published in the Gazette,
declare the block or blocks to which the nomination relates to be a
location.
(2)
Where the Minister has made a nomination under
section 37 (9), the Minister must, by notice published in the Gazette, declare
the block or blocks to which the nomination relates to be a
location.
(3)
The Minister may, at the request of the
permittee, revoke a declaration.
(4)
The Minister may vary a declaration:
(a)
by adding to the location a block in the permit
area to which, in the opinion of the Minister, a petroleum pool within the
location extends, or
(b)
by deleting from the location a block to which,
in the opinion of the Minister, no petroleum pool within the location
extends.
(5)
The Minister may not vary a declaration
unless:
(a)
the Minister has caused to be served on the
permittee notice in writing of the proposed variation, identifying the block
to be added to, or deleted from, the location, and
(b)
the period of 30 days after the date of service
of the notice has expired, and
(c)
the Minister has considered any matters submitted
to the Minister by the permittee in relation to the proposed
variation.
(6)
Subsection (5) does not apply where a variation
is made at the request of the permittee.
s 38: Am 1985 No 129,
Sch 1 (3). Subst 1991 No 85, Sch 1 (4).
39Immediately adjoining blocks
For the purposes of section 37, a block
immediately adjoins another block if the graticular section that constitutes
or includes that block and the graticular section that constitutes or includes
that other block:
(a)
have a side in common, or
(b)
are joined together at 1 point
only.
s 39: Am 1991 No 85,
Sch 1 (5).
Division 3Production
licences for petroleum
40Recovery of petroleum in adjacent area
A person shall not carry on operations for the
recovery of petroleum in the adjacent area except:
(a)
under and in accordance with a licence,
or
(b)
as otherwise permitted by this
Part.
Maximum penalty: 500 penalty units or
imprisonment for 5 years, or both.
s 40: Am 1992 No 112,
Sch 1.
41Application for licence by holder of
permit
(1)
A permittee whose permit is in force in respect
of a block that constitutes, or the blocks that constitute, a location may,
within the application period, make an application to the Minister for the
grant of a licence:
(a)
where 9 or more blocks constitute the location
concerned—in respect of 5 of those blocks,
(b)
where 8 or 7 blocks constitute the location
concerned—in respect of 4 of those blocks,
(c)
where 6 or 5 blocks constitute the location
concerned—in respect of 3 of those blocks,
(d)
where 4 or 3 blocks constitute the location
concerned—in respect of 2 of those blocks,
(e)
where 2 blocks constitute the location
concerned—in respect of 1 of those blocks, or
(f)
where 1 block constitutes the location
concerned—in respect of that block.
(2)
A permittee whose permit is in force in respect
of blocks that constitute a location:
(a)
instead of making an application under subsection
(1) in respect of the permittee’s primary entitlement, may, within the
application period, make an application to the Minister for the grant of a
licence in respect of a number of those blocks that is less than the
permittee’s primary entitlement, and
(b)
being the holder of a licence referred to in
paragraph (a), may, from time to time within that period, make an application
to the Minister for the variation of that licence to include in the licence
area a number of those blocks that does not exceed the number, if any, by
which the holder’s primary entitlement exceeds the number of blocks in
respect of which that licence was granted and the number of blocks, if any,
included in that licence by reason of any previous variations of that
licence.
(3)
Where:
(a)
a permittee makes an application under subsection
(1) in respect of the permittee’s primary entitlement,
or
(b)
a permittee who is the holder of a licence in
respect of a number of blocks that is less than the permittee’s primary
entitlement makes an application under subsection (2) for a variation of that
licence, and the number of blocks in respect of which that licence was
granted, together with the number of blocks included, and sought to be
included, in the licence area by reason of applications under that subsection,
is the permittee’s primary entitlement,
the permittee may, within the application period, make
an application to the Minister for the grant of a licence in respect of any of
the other blocks forming part of the location concerned.
(4)
Subject to subsection (5), the application period
in respect of an application under this section by a permittee is:
(a)
the period of 2 years after the date on which the
block that constitutes the location concerned was, or the blocks that
constitute the location concerned were, declared to be a location,
or
(b)
such other period, not less than 2 years or more
than 4 years after that date, as the Minister, on application by the
permittee, in writing, served on the Minister before the expiration of the
period of 2 years, referred to in paragraph (a),
allows.
(5)
Where:
(a)
a permittee applies for the grant by the Minister
of a licence in respect of a block or blocks in respect of which the permittee
has applied for a lease under section 39A, and
(b)
an instrument refusing to grant the lease is
served on the permittee pursuant to section 39B
(2),
the application period is whichever of the following
periods last expires:
(c)
the period that is applicable under subsection
(4),
(d)
the period of 12 months after the day of service
of the instrument.
s 41: Am 1986 No 59,
Sch 5 (1); 1991 No 6, Sch 1 (9); 1991 No 85, Sch 1 (6).
41AApplication for licence by holder of
lease
(1)
A lessee whose lease is in force may make an
application to the Minister for the grant by the Minister of a licence:
(a)
where the lease is in respect of 9
blocks—in respect of 5 of those blocks,
(b)
where the lease is in respect of 8 or 7
blocks—in respect of 4 of those blocks,
(c)
where the lease is in respect of 6 or 5
blocks—in respect of 3 of those blocks,
(d)
where the lease is in respect of 4 or 3
blocks—in respect of 2 of those blocks,
(e)
where the lease is in respect of 2
blocks—in respect of one of those blocks, or
(f)
where the lease is in respect of one
block—in respect of that block.
(2)
At any time while a lease is in force, the lessee
may, instead of making an application under subsection (1) in respect of the
lessee’s primary entitlement, make an application to the Minister for
the grant by the Minister of a licence in respect of a number of blocks that
is less than the lessee’s primary entitlement.
(3)
Where an application has been made under
subsection (1) in respect of the lessee’s primary entitlement, the
lessee may, at any time while the lease concerned is in force, make an
application to the Minister for the grant by the Minister of a licence in
respect of any of the other blocks forming part of the
lease.
s 41A: Ins 1986 No
59, Sch 5 (2). Am 1991 No 6, Sch 1 (10).
42Application for licence
(1)
An application under section 41 or 41A:
(a)
shall be in accordance with an approved
form,
(b)
shall be made in an approved
manner,
(c)
shall be accompanied by particulars of the
proposals of the applicant for work and expenditure in respect of the area
comprised in the blocks specified in the application,
(d)
may set out any other matters that the applicant
wishes the Minister to consider, and
(e)
shall, in the case of an application for the
grant of a licence, be accompanied by the prescribed
fee.
(2)
The Minister may, at any time, by instrument in
writing served on the applicant, require the applicant to furnish, within the
period specified in the instrument, further information in writing in
connexion with the application.
s 42: Am 1986 No 59,
Sch 5 (3); 1991 No 6, Sch 1 (11).
43Determination of rate of royalty
(1)
Where an application for a primary licence has
been made and, before or after the grant of the primary licence, the applicant
makes an application for a secondary licence, the Minister shall determine a
rate at which royalty is to be payable in respect of petroleum recovered,
whether under the primary licence or under the secondary licence, being a rate
that is not less than 11 per cent nor more than 12 and a half per cent of the
value at the well-head of that petroleum.
(2)
The Minister shall not, under subsection (1),
determine the rate at which royalty is to be payable unless the Minister has
given to the applicant an opportunity to confer with the Minister concerning
that rate.
44Notification as to grant of licence
(1)
Where an application for the grant of a licence
has been made under section 41 or 41A and the applicant has furnished any
further information as and when required by the Minister under section 42 (2),
the Minister, by instrument in writing served on the applicant, must inform
the applicant that the Minister is prepared to grant to the applicant a
licence in respect of the blocks specified in the
application.
(2)
An instrument under subsection (1) shall:
(a)
contain a summary of the conditions subject to
which the licence is to be granted,
(b)
if the instrument relates to an application for a
secondary licence—specify the rate of royalty determined by the Minister
in pursuance of section 43 (1), and
(c)
contain a statement to the effect that the
application will lapse if the applicant does not make a request under section
45 (1) in respect of the grant of the licence.
s 44: Am 1986 No 59,
Sch 5 (4); 1991 No 85, Sch 2 (13).
45Grant of licence
(1)
An applicant on whom there has been served an
instrument under section 44 (1) may, within a period of 3 months after the
date of service of the instrument, or within such further period, not
exceeding 3 months, as the Minister, on application in writing served before
the expiration of the firstmentioned period of 3 months, allows, by instrument
in writing served on the Minister, request the Minister to grant to the
applicant the licence referred to in the firstmentioned
instrument.
(2)
Where an applicant on whom there has been served
an instrument under section 44 (1) has made a request under subsection (1)
within the period applicable under subsection (1), the Minister shall grant to
the applicant a production licence for petroleum in respect of the blocks
specified in the application.
(3)
A secondary licence shall not be granted to a
permittee or lessee in respect of any 1 or more of the blocks that constitute
a location unless:
(a)
a primary licence has been granted in respect of
a block or blocks forming part of that location, and
(b)
the number of blocks in respect of which the
primary licence was granted, together with the number of blocks included in
that licence by reason of variations of the licence under section 46, is the
permittee’s or lessee’s primary
entitlement.
(4)
Where an applicant on whom there has been served
an instrument under section 44 (1) has not made a request under subsection (1)
within the period applicable under subsection (1), the application lapses upon
the expiration of that period.
(5)
On the day on which a licence granted under this
section comes into force, the permit or lease in respect of the blocks in
respect of which the licence was granted ceases to be in force in respect of
those blocks.
s 45: Am 1985 No 129,
Sch 1 (4); 1986 No 59, Sch 5 (5); 1991 No 85, Sch 2 (14).
45AApplication of sections 42–45 where permit etc
transferred
Where:
(a)
after an application has been made:
(i)
under section 41 for the grant of a licence in
respect of a block in respect of which a permit is in force,
or
(ii)
under section 41A for the grant of a licence in
respect of a block in respect of which a lease is in force,
and
(b)
before a decision has been made by the Minister
under section 44 (1) in relation to the
application,
a transfer of the permit or lease (as the case may be)
is registered under section 78, then, after the time of the transfer, sections
42 to 45 (inclusive) have effect in relation to the application as if any
reference in those sections to the applicant were a reference to the
transferee.
s 45A: Ins 1991 No 6,
Sch 1 (12).
46Variation of licence area
(1)
Where an application is made under section 41 (2)
for a variation of a licence, the Minister shall, by instrument in writing
served on the licensee, vary the licence to include in the licence area the
blocks specified in the application.
(2)
On and from the day on and from which a variation
of a licence under this section has effect:
(a)
the blocks included in the licence area by reason
of the variation are, subject to this Part, for the remainder of the term of
the licence, blocks in respect of which the licence is in force,
and
(b)
the permit that is in force in respect of the
blocks so included ceases to be in force in respect of those
blocks.
s 46: Am 1985 No 129,
Sch 1 (5).
47Determination of permit as to block not taken
up
(1)
Subject to subsection (2), where:
(a)
a permittee who may make an application under
section 41 in respect of a block does not, within the application period, make
the application, or
(b)
all applications made by a permittee under that
section in respect of a block have lapsed,
the permit is determined as to that block and the
determination has effect:
(c)
in a case referred to in paragraph (a)—upon
the expiration of the application period, and
(d)
in a case referred to in paragraph (b):
(i)
upon the expiration of the application period,
or
(ii)
upon the lapsing of the application, or the last
of the applications, referred to in that paragraph,
whichever is the later.
(1A)
Subject to subsection (2), where all applications
made by a lessee under section 41A in respect of a block have lapsed, the
lease is determined as to that block and the determination has effect upon the
lapsing of the last of those applications.
(2)
Where a permittee or lessee makes an application
for a secondary licence:
(a)
the permit or lease is determined as to any
blocks forming part of the location concerned that are not the subject of that
application or of any application for a primary licence or for the variation
of such a licence, and
(b)
the determination has effect upon the making of
the application.
(3)
Subject to subsection (4), where a block or
blocks constituting or forming part of a location is or are no longer the
subject of a permit or lease, the Minister shall, by instrument published in
the Gazette:
(a)
in a case where that block or those blocks
constitutes or constitute that location—revoke the declaration made
under section 38 in respect of that location, or
(b)
in a case where that block or those blocks forms
or form part of that location—revoke the declaration made under section
38 in respect of that location to the extent that it relates to that block or
those blocks.
(4)
Subsection (3) does not apply in relation to a
block:
(a)
in respect of which an application for the grant
of a lease or licence has been made, being an application that has not lapsed
and in relation to which a decision has not been made by the Minister,
or
(b)
in respect of which a lease or licence is in
force.
(5)
Where a lease is granted in respect of a block or
blocks forming part of a location, the Minister shall, by instrument published
in the Gazette, revoke the declaration made under section 38 to the extent
that it relates to the block or blocks that is or are not within the lease
area.
(6)
Where:
(a)
the Minister refuses to grant a lease in respect
of a block or blocks constituting or forming part of a location,
and
(b)
the reason, or one of the reasons, for the
refusal is that the Minister is not satisfied as to the matter referred to in
section 39B (1) (c) (ii),
the Minister shall, by instrument published in the
Gazette, revoke the declaration made under section 38 in respect of that
location.
s 47: Am 1985 No 129,
Sch 1 (6); 1986 No 59, Sch 5 (6); 1991 No 85, Sch 1 (7).
48Application for licence in respect of surrendered etc
blocks
(1)
Where:
(a)
a licence is surrendered or cancelled as to a
block, or
(b)
a permit or lease is surrendered, cancelled or
determined as to a block:
(i)
that, at the time of the surrender, cancellation
or determination, was, or was included in, a location, and
(ii)
in which, in the opinion of the Minister, there
is petroleum,
the Minister may, at any subsequent time, by instrument
published in the Gazette:
(c)
invite applications for the grant of a licence in
respect of that block, and
(d)
specify a period within which applications may be
made.
(2)
The Minister shall, in an instrument under
subsection (1), state:
(a)
that an applicant is required to specify an
amount that the applicant would be prepared to pay in respect of the grant of
a licence on the application, or
(b)
that an applicant is required to specify a rate
of royalty that the applicant would be prepared to pay, if a licence were
granted on the application, in respect of petroleum recovered under the
licence, being a rate that exceeds 10 per cent of the value at the well-head
of that petroleum.
(3)
Where the Minister, in an instrument under
subsection (1), states that an applicant is required to specify a rate of
royalty as mentioned in subsection (2) (b), the Minister may, in that
instrument, state that an applicant on whose application the Minister is
prepared to grant a licence will also be required to pay to the Minister, in
respect of the grant of the licence to the applicant, the amount specified in
that behalf in that instrument.
(4), (5)
(6)
An application under this section:
(a)
shall be in accordance with an approved
form,
(b)
shall be made in an approved
manner,
(c)
shall be accompanied by the particulars referred
to in section 42 (1) (c),
(d)
in the case of an application under subsection
(1), shall specify, in accordance with the requirement in the instrument by
which applications were invited, the amount, or the rate of royalty, that the
applicant would be prepared to pay, and
(e)
(f)
may set out any other matters that the applicant
wishes the Minister to consider.
(7)
The Minister may, at any time, by instrument in
writing served on the applicant, require the applicant to furnish, within the
period specified in the instrument, further information in connexion with the
application.
s 48: Am 1986 No 59,
Sch 5 (7); 1991 No 85, Sch 1 (8).
49Application fee etc
(1)
An application under section 48 shall be
accompanied by:
(a)
the prescribed fee, and
(b)
a deposit:
(i)
if the applicant has specified an amount that the
applicant would be prepared to pay in respect of the grant of a licence to the
applicant on the application—of 10 per cent of that amount,
or
(ii)
if the Minister has, in the instrument by which
applications were invited, stated an amount that the applicant will be
required to pay in respect of the grant of a licence—of 10 per cent of
that amount.
(2)
Where a licence is not granted on the
application, the amount of the deposit is, subject to subsection (3), to be
refunded to the applicant.
(3)
Where an applicant on whom there has been served
an instrument under section 50 (1) does not request the Minister, under
section 50 (6), to grant to the applicant the licence referred to in the
instrument, the deposit shall not, unless the Minister otherwise determines,
be refunded to the applicant.
s 49: Am 1991 No 6,
Sch 1 (13); 1991 No 85, Sch 1 (9).
50Request by applicant for grant of
licence
(1)
Where, at the expiration of the period specified
in an instrument under section 48 (1), only 1 application has been made under
that subsection in respect of the block specified in the instrument, the
Minister may reject the application or may, by instrument in writing served on
the applicant, inform the applicant that the Minister is prepared to grant to
the applicant a licence in respect of that block.
(2)
Where, at the expiration of the period specified
in an instrument under section 48 (1), 2 or more applications have been made
under that subsection in respect of the block specified in the instrument, the
Minister may reject any or all of the applications and, if the Minister does
not reject all of the applications, may:
(a)
if only 1 application remains unrejected—by
instrument in writing served on the applicant, or
(b)
if 2 or more applications remain
unrejected—by instrument in writing served on the applicant, or on 1 of
the applicants, whose application has not been rejected and who has specified
in the application an amount, or a rate of royalty, that the applicant would
be prepared to pay that is not less than the amount, or the rate of royalty,
specified in the application of any other applicant whose application has not
been rejected,
inform the applicant:
(c)
that the Minister is prepared to grant to the
applicant a licence in respect of that block, and
(d)
that the applicant will be required to
pay:
(i)
the amount specified in the
application,
(ii)
royalty at the rate specified in the application,
or
(iii)
royalty at the rate specified in the application
and the amount specified in the instrument under section 48
(1),
as the case may be.
(3), (4)
(5)
An instrument under any of the preceding
provisions of this section shall contain:
(a)
a summary of the conditions subject to which the
licence is to be granted,
(b)
a statement of the balance of the amount, if any,
that the applicant will be required to pay in respect of the grant of the
licence to the applicant, and
(c)
a statement to the effect that the application
will lapse:
(i)
if the applicant does not make a request under
subsection (6), or
(ii)
in a case where the instrument contains a
statement referred to in paragraph (b)—if the applicant does not pay the
balance of the amount referred to in that statement or enter into an agreement
under section 110 in respect of that balance.
(iii)
(6)
An applicant on whom there has been served an
instrument under any of the preceding provisions of this section may, within a
period of 3 months after the date of service of the instrument on the
applicant, or within such further period, not exceeding 3 months, as the
Minister, on application in writing served on the Minister before the
expiration of the firstmentioned period of 3 months, allows:
(a)
by instrument in writing served on the Minister,
request the Minister to grant to the applicant the licence,
and
(b)
if the firstmentioned instrument contains a
statement of the balance of an amount that the applicant will be required to
pay in respect of the grant of the licence to the applicant—pay that
balance or enter into an agreement under section 110 in respect of that
balance.
(c)
(7)
Where an applicant on whom there has been served
an instrument under subsection (1) or (2):
(a)
has not made a request under subsection (6),
or
(b)
if the instrument contains a statement of the
balance of an amount that the applicant will be required to pay in respect of
the grant of a licence to the applicant—has not paid that balance or
entered into an agreement under section 110 in respect of that
balance,
(c)
within the period applicable under subsection (6), the
application lapses upon the expiration of that period.
(8)
Where the application of an applicant on whom
there has been served an instrument under subsection (2) lapses as provided by
subsection (7), subsection (2) applies in respect of the application or
applications, if any, then remaining unrejected.
s 50: Am 1991 No 85,
Schs 1 (10), 2 (15).
51Grant of licence on request
Where an applicant on whom there has been served
an instrument under section 50:
(a)
has made a request under section 50 (6),
and
(b)
if the instrument contains a statement of the
balance of an amount that the applicant will be required to pay in respect of
the grant of a licence to the applicant—has paid that balance or entered
into an agreement under section 110 in respect of that
balance,
(c)
within the period applicable under section 50 (6), the
Minister shall grant to the applicant a production licence for petroleum in
respect of the block specified in the instrument.
s 51: Am 1991 No 85,
Sch 2 (16).
52Grant of licences in respect of individual
blocks
(1)
Where a licence (in this section called the original
licence) is in force in respect of 2 or more blocks (not
being blocks that form, or form part of, a location), the licensee may make an
application to the Minister for the grant to the licensee of 2 or more
licences in respect of the blocks the subject of the original licence in
exchange for the original licence.
(2)
An application under subsection (1):
(a)
shall be in accordance with an approved
form,
(b)
shall be made in an approved
manner,
(c)
shall specify the number of licences
required,
(d)
shall specify the block or blocks the subject of
the original licence in respect of which each licence is sought,
and
(e)
shall be accompanied by the prescribed
fee.
(3)
(4)
Where a licensee has made an application under
this section, the Minister shall grant to the licensee production licences for
petroleum in accordance with the application.
(5)
A licence granted on an application under this
section:
(a)
remains in force, subject to this Part, but
notwithstanding section 54, for the remainder of the term of the original
licence, and
(b)
shall be granted subject to conditions
corresponding as nearly as may be to the conditions to which the original
licence was subject.
(6)
Where licences are granted on an application
under this section:
(a)
the original licence is, by force of this
subsection, determined, and
(b)
the determination has effect on and from the day
on which those licences come into force.
s 52: Am 1985 No 129,
Sch 1 (7); 1991 No 6, Sch 1 (14); 1991 No 85, Sch 2 (17).
53Rights conferred by licence
A licence, while it remains in force, authorizes
the licensee, subject to this Act and the regulations and in accordance with
the conditions to which the licence is subject:
(a)
to recover petroleum in the licence area and to
recover petroleum from the licence area in another area to which the licensee
has lawful access for that purpose,
(b)
to explore for petroleum in the licence area,
and
(c)
to carry on such operations and execute such
works in the licence area as are necessary for those
purposes.
54Term of licence
Subject to this Part, a licence remains in
force:
(a)
in the case of a licence granted otherwise than
by way of renewal of a licence—for the period of 21 years commencing on
the day on which the licence is granted or, if a later day is specified in the
licence as being the day on which the licence is to come into force, on that
later day,
(b)
in the case of a licence granted by way of the
first renewal of a licence—for the period of 21 years commencing on the
day on which the licence is granted or, if a later day is specified in the
licence as being the day on which the licence is to come into force, on that
later day, and
(c)
in the case of a licence granted by way of the
renewal, other than the first renewal, of a licence—for such period,
commencing on the day on which the licence is granted or, if a later day is
specified in the licence as being the day on which the licence is to come into
force, on that later day, as the Minister determines and specifies in the
licence, being a period not exceeding 21 years.
s 54: Am 1985 No 129,
Sch 1 (8).
55Application for renewal of licence
(1)
A licensee may, from time to time, make an
application to the Minister for the renewal of the
licence.
(2)
An application for the renewal of the
licence:
(a)
shall be in accordance with an approved
form,
(b)
subject to subsection (3), shall be made in an
approved manner not less than 6 months before the day on which the licence
ceases to be in force,
(c)
shall be accompanied by particulars of the
proposals of the licensee for work and expenditure in respect of the licence
area, and
(d)
shall be accompanied by the prescribed
fee.
(3)
The Minister may, for reasons that the Minister
thinks sufficient, receive an application for the renewal of the licence less
than 6 months before, but not in any case after, the day on which the licence
ceases to be in force.
s 55: Am 1985 No 129,
Sch 1 (9); 1991 No 6, Sch 1 (15).
56Grant or refusal of renewal of licence
(1)
Where:
(a)
an application for the renewal of a licence has
been made under section 55, and
(b)
the conditions to which the licence is, or has
from time to time been, subject and the provisions of this Part and of the
regulations have been complied with,
the Minister:
(c)
shall, if the application is in respect of the
first renewal of the licence, or
(d)
may, if the application is in respect of a
renewal other than the first renewal of the
licence,
by instrument in writing served on the person who is
then the licensee, inform the person that the Minister is prepared to grant to
the person the renewal of the licence.
(2)
Where:
(a)
an application for the renewal of a licence has
been made under section 55, and
(b)
any of the conditions to which the licence is, or
has from time to time been, subject or any of the provisions of this Part and
of the regulations has not been complied with, but the Minister is,
nevertheless, satisfied that special circumstances exist that justify the
granting of the renewal of the licence,
the Minister may, by instrument in writing served on the
person who is then the licensee, inform the person that the Minister is
prepared to grant to the person the renewal of the
licence.
(3)
If any of the conditions to which the licence is,
or has from time to time been, subject or any of the provisions of this Part
and of the regulations has not been complied with, and if the Minister is not
satisfied that special circumstances exist that justify the granting of the
renewal of the licence, the Minister shall, subject to subsection (4), by
instrument in writing served on the person who is then the licensee, refuse to
grant the renewal of the licence.
(4)
The Minister shall not, under subsection (3),
refuse to grant the renewal of a licence unless:
(a)
the Minister has, by instrument in writing served
on the licensee, given not less than 1 month’s notice of the
Minister’s intention to refuse to grant the renewal of the
licence,
(b)
the Minister has served a copy of the instrument
on such other persons, if any, as the Minister thinks fit,
(c)
the Minister has, in the instrument:
(i)
given particulars of the reasons for the
intention, and
(ii)
specified a date on or before which the licensee
or a person on whom a copy of the instrument is served may, by instrument in
writing served on the Minister, submit any matters that he or she wishes the
Minister to consider, and
(d)
the Minister has taken into account any matters
so submitted to the Minister on or before the specified date by the licensee
or by a person on whom a copy of the firstmentioned instrument has been
served.
(5)
Where an application has been made under section
55 in respect of a renewal other than the first renewal of the licence, the
Minister may, by instrument in writing served on the person who is then the
licensee, refuse to grant the renewal of the licence.
(6)
(7)
An instrument under subsection (1) or (2) shall
contain:
(a)
a summary of the conditions to which the licence,
on the grant of the renewal, is to be subject, and
(b)
a statement to the effect that the application
will lapse if the applicant does not make a request under subsection
(8).
(8)
A licensee on whom there has been served an
instrument under subsection (1) or (2) may, within a period of 1 month after
the date of service of the instrument on the licensee, by instrument in
writing served on the Minister, request the Minister to grant the renewal of
the licence to the licensee.
(9)
Where a licensee on whom there has been served an
instrument under subsection (1) or (2) has made a request under subsection (8)
within the period referred to in subsection (8), the Minister shall grant to
the licensee the renewal of the licence.
(10)
Where a licensee on whom there has been served an
instrument under subsection (1) or (2) has not made a request under subsection
(8) within the period referred to in subsection (8), the application lapses
upon the expiration of that period.
(11)
Where:
(a)
an application for the renewal of a licence is
made under section 55, and
(b)
the licence expires:
(i)
before the Minister grants, or refuses to grant,
the renewal of the licence, or
(ii)
before the application lapses as provided by
subsection (10),
the licence shall be deemed to continue in force in all
respects:
(c)
until the Minister grants, or refuses to grant,
the renewal of the licence, or
(d)
until the application so
lapses,
whichever first happens.
s 56: Am 1991 No 6,
Sch 1 (16); 1991 No 85, Sch 2 (18).
57Conditions of licence
(1)
A licence may be granted subject to such
conditions as the Minister thinks fit and specifies in the
licence.
(2)
A licence shall be deemed to contain a condition
that the licensee will comply with the provisions of this Act relating to the
payment of royalty as in force from time to time.
58
s 58: Rep 1991 No 6,
Sch 1 (17).
59Directions as to recovery of petroleum
(1)
Where petroleum is not being recovered in a
licence area and the Minister is satisfied that there is recoverable petroleum
in that area, the Minister may, by instrument in writing served on the
licensee, direct the licensee to take all necessary and practicable steps to
recover that petroleum.
(2)
Where the Minister is not satisfied with the
steps taken or being taken by a licensee to whom a direction has been given
under subsection (1), the Minister may, by instrument in writing served on the
licensee, give to the licensee such directions as the Minister thinks
necessary for or in relation to the recovery of petroleum in the licence
area.
(3)
Where petroleum is being recovered in a licence
area, the Minister may, for reasons that he thinks sufficient, by instrument
in writing served on the licensee, direct the licensee to take all necessary
and practicable steps to increase or reduce the rate at which petroleum is
being recovered in the licence area or from a petroleum pool in the licence
area to such rate as the Minister specifies in the
instrument.
(4)
Where the Minister is not satisfied with the
steps taken or being taken by a licensee to whom a direction has been given
under subsection (3), the Minister may, by instrument in writing served on the
licensee, give to the licensee such directions as the Minister thinks
necessary for or in relation to the increase or reduction of the rate at which
petroleum is being recovered in the licence area or from a petroleum pool in
the licence area.
s 59: Am 1985 No 129,
Sch 1 (10).
60Unit development
(1)
In this section, the expression unit
development:
(a)
applies in relation to a petroleum pool that is
partly in a particular licence area of a licensee and partly in a licence area
of another licensee or in an area that is not within the adjacent area but in
which a person other than the firstmentioned licensee is lawfully entitled to
carry on operations for the recovery of petroleum from the pool,
and
(b)
means the carrying on of operations for the
recovery of petroleum from that pool under co-operative arrangements between
the persons entitled to carry on such operations in each of those
areas.
(2)
A licensee may from time to time enter into an
agreement in writing for or in relation to the unit development of a petroleum
pool, but nothing in this subsection derogates from the operation of section
81 (2).
(3)
The Minister, of the Minister’s own motion
or on application made to the Minister in writing by:
(a)
a licensee in whose licence area there is a part
of a particular petroleum pool, or
(b)
a person who is lawfully entitled to carry on
operations for the recovery of petroleum in an area outside the adjacent area
that includes part of a particular petroleum pool that extends into the
adjacent area,
may, for the purpose of securing the more effective
recovery of petroleum from the petroleum pool, by instrument in writing served
on the licensee, direct any licensee whose licence area includes part of the
petroleum pool to enter into an agreement in writing, within the period
specified in the instrument, for or in relation to the unit development of the
petroleum pool and to lodge an application in accordance with section 81 for
approval of any dealing to which the agreement relates.
(4)
Where:
(a)
a licensee who is directed under subsection (3)
to enter into an agreement for or in relation to the unit development of a
petroleum pool does not enter into such an agreement within the specified
period, or
(b)
the licensee enters into such an agreement but an
application for approval of a dealing to which the agreement relates is not
lodged with the Minister or, if an application is so lodged, the dealing is
not approved under section 81,
the Minister may, by instrument in writing served on the
licensee, direct the licensee to submit to the Minister, within the period
specified in the instrument, a scheme for or in relation to the unit
development of the petroleum pool.
(5)
At any time after the expiration of the period
within which a scheme for or in relation to the unit development of a
petroleum pool is to be submitted by a licensee under subsection (4), the
Minister may, by instrument in writing served on the licensee, give to the
licensee such directions as the Minister thinks necessary for the purpose of
securing the more effective recovery of petroleum from the petroleum
pool.
(6)
Where a person is the licensee in respect of 2 or
more licence areas in each of which there is part of a particular petroleum
pool, the Minister may, by instrument in writing served on the licensee, give
to the licensee such directions as the Minister thinks necessary for the
purpose of securing the more effective recovery of petroleum from the
petroleum pool.
(7)
Where an agreement under this section is in force
or the Minister has given directions under subsection (5) or (6), the Minister
may, having regard to additional information that has become available, by
instrument in writing served on the licensee or licensees concerned, give to
the licensee or licensees such directions, or further directions, as the case
may be, as he thinks necessary for the purpose of securing the more effective
recovery of petroleum from the petroleum pool.
(8)
The Minister shall not give a direction under
subsection (6) or (7) unless he has given to the licensee or licensees
concerned an opportunity to confer with the Minister concerning the proposed
direction.
(9)
Directions under subsection (5), (6) or (7) may
include directions as to the rate at which petroleum is to be
recovered.
(10)
In this section:
dealing means a dealing to
which section 81 applies.
(11)
The Minister shall:
(a)
if a petroleum pool extends, or is reasonably
believed by the Minister to extend, from the adjacent area into lands to which
the laws of another State relating to the exploitation of petroleum resources
apply, consult with the appropriate authority of that State concerning the
exploitation of the petroleum pool,
(b)
if a petroleum pool extends, or is reasonably
believed by the Minister to extend, from the adjacent area into the adjacent
area in respect of a State other than New South Wales within the meaning of
the Commonwealth Act, consult with the Designated Authority under the
Commonwealth Act in respect of that State concerning the exploitation of the
petroleum pool, or
(c)
if both paragraph (a) and paragraph (b) apply,
comply with both of those paragraphs.
(12)
Where subsection (11) applies in relation to a
petroleum pool, the Minister shall not approve an agreement under this
section, or give a direction under this section, in relation to that petroleum
pool except with the approval of any other authority or Designated Authority
required by that subsection to be consulted.
s 60: Am 1986 No 59,
Sch 5 (8).
Division 4Pipeline
licences
61Construction etc of pipelines etc
(1)
A person shall not, in the adjacent area:
(a)
commence or continue the construction, or the
alteration or reconstruction, of a pipeline, or
(b)
operate a pipeline,
except under and in accordance with a pipeline
licence.
(2)
A person shall not, in the adjacent area:
(a)
commence or continue the construction, or the
alteration or reconstruction, of a secondary line or water line,
or
(b)
operate a secondary line or water
line,
except with and in accordance with a consent in writing
of the Minister.
(3)
A person shall not, in the adjacent area:
(a)
commence or continue the construction, or the
alteration or reconstruction, of a pumping station, tank station or valve
station, or
(b)
operate a pumping station, tank station or valve
station,
except under and in accordance with a pipeline licence
or with and in accordance with a consent in writing of the
Minister.
(4)
A person shall not, in the adjacent area,
commence to operate a pipeline, a secondary line or a water line
unless:
(a)
in the case of a pipeline, it has been
constructed and tested in accordance with a pipeline
licence,
(b)
in the case of a secondary line or water line, it
has been constructed and tested in accordance with a consent in writing of the
Minister, and
(c)
the Minister has certified in writing that the
Minister is satisfied that the pipeline, secondary line or water line, as the
case may be, has been so constructed and tested and is fit to be
operated.
(5)
A person shall not, in the adjacent area,
recommence to operate a pipeline, a secondary line or a water line, the
previous operation of which was discontinued, except with and in accordance
with a consent in writing of the Minister.
(6)
The Minister may, for reasons that the Minister
thinks sufficient, refuse to give a consent or certificate for the purposes of
this section and, where the Minister gives a consent, may attach conditions to
it.
Maximum penalty: 500 penalty units or
imprisonment for 5 years, or both.
s 61: Am 1992 No 112,
Sch 1.
62Acts done in an emergency etc
It is not an offence against section 61:
(a)
if, in an emergency in which there is a
likelihood of loss or injury, or for the purpose of maintaining a pipeline,
water line, pumping station, tank station, valve station or secondary line in
good order or repair, a person does an act to avoid the loss or injury or to
maintain the pipeline, water line, pumping station, tank station, valve
station or secondary line in good order and repair and:
(i)
as soon as practicable notifies the Minister of
the act done, and
(ii)
complies with any directions given to the person
by the Minister, or
(b)
if a person does an act in compliance with a
direction under this Act or the regulations.
63Removal of pipeline etc constructed in contravention of
Act
(1)
Where:
(a)
the construction of a pipeline, water line,
pumping station, tank station, valve station or secondary line is commenced,
continued or completed in contravention of this Act, or
(b)
a pipeline, water line, pumping station, tank
station, valve station or secondary line is altered or reconstructed in
contravention of this Act,
the Minister may, by instrument in writing served on the
appropriate person, direct the person:
(c)
to make such alterations to the pipeline, water
line, pumping station, tank station, valve station or secondary line as are
specified in the instrument, or
(d)
to move the pipeline, water line, pumping
station, tank station, valve station or secondary line to a specified place
in, or to remove it from, the adjacent area,
within the period specified in the
instrument.
(2)
For the purpose of subsection (1), the
appropriate person is:
(a)
if the construction of the pipeline, water line,
pumping station, tank station, valve station or secondary line has been
completed—the owner of the pipeline, water line, pumping station, tank
station, valve station or secondary line, or
(b)
if the construction of the pipeline, water line,
pumping station, tank station, valve station or secondary line has not been
completed—the person for whom the pipeline, water line, pumping station,
tank station, valve station or secondary line is being
constructed.
(3)
Where a person on whom there has been served an
instrument under subsection (1) does not, within the period specified in the
instrument or within such further period, if any, as the Minister, on
application in writing served on the Minister before the expiration of the
firstmentioned period, allows, comply with the direction, the Minister may do
all or any of the things required by the direction to be
done.
(4)
Costs and expenses incurred by the Minister under
subsection (3) are a debt due by the person referred to in that subsection to
the Crown and are recoverable in a court of competent
jurisdiction.
64Terminal station
The Minister may, by instrument published in the
Gazette, declare a pumping station, a tank station or a valve station in the
adjacent area to be a terminal station.
65Application for pipeline licence
(1)
An application for a pipeline licence:
(a)
shall be in accordance with an approved
form,
(b)
shall be made in an approved
manner,
(c)
shall be accompanied by particulars of:
(i)
the proposed design and construction of the
pipeline,
(ii)
the proposed size and capacity of the
pipeline,
(iii)
the proposals of the applicant for work and
expenditure in respect of the construction of the
pipeline,
(iv)
the technical qualifications of the applicant and
of the applicant’s employees,
(v)
the technical advice available to the
applicant,
(vi)
the financial resources available to the
applicant, and
(vii)
any agreements entered into, or proposed to be
entered into, by the applicant for or in relation to the supply or conveyance
of petroleum by means of the pipeline,
(d)
shall be accompanied by a plan, drawn to an
approved scale, showing:
(i)
the route to be followed by the
pipeline,
(ii)
the sites of pumping stations, tank stations and
valve stations to be used in connexion with the pipeline,
and
(iii)
the site of any pumping station, tank station or
valve station that the applicant desires to be declared under section 64 to be
a terminal station in connexion with the pipeline,
(e)
may set out any other matters that the applicant
wishes the Minister to consider, and
(f)
shall be accompanied by the prescribed
fee.
(2)
Where a notice is published in the
Gazette:
(a)
of an application by a person other than the
licensee for a pipeline licence in respect of the construction of a pipeline
for the conveyance of petroleum recovered in a licence area,
or
(b)
of an application by a person other than the
pipeline operator under the Commonwealth Act or a corresponding law for a
pipeline licence in respect of the construction of a pipeline for the
conveyance of petroleum recovered in a licence area under the Commonwealth Act
or a corresponding law,
the licensee or, as the case may be, the pipeline
operator under the Commonwealth Act or a corresponding law may, within a
period of 3 months after the date of publication of the notice, or within such
further period, not exceeding 3 months, as the Minister, on application in
writing served on the Minister before the expiration of the firstmentioned
period of 3 months, allows, make an application for a pipeline licence
referred to in paragraph (a) or (b), as the case requires, and in the
application request that the application referred to in the notice be
rejected.
(3)
Where:
(a)
a notice referred to in subsection (2) is
published in the Gazette, and
(b)
a pipeline licence is granted to the licensee or
to the pipeline operator under the Commonwealth Act or a corresponding law on
an application under subsection (2),
the Minister shall, by instrument in writing served on
the applicant, reject the application referred to in the
notice.
(4)
The Minister may, at any time, by instrument in
writing served on a person who has made an application under this section,
require the person to furnish, within the time specified in the instrument,
further information in writing in connexion with the
application.
(5)
In this section, pipeline
operator under the Commonwealth Act or a corresponding law
has the same meaning as in section 66.
s 65: Am 1991 No 6,
Sch 1 (18).
66Grant or refusal of pipeline licence
(1)
Where a person makes an application in accordance
with section 65, the Minister may, if that person is not the licensee and the
application has not been rejected under section 65 (3), inform the applicant,
by instrument in writing served on the applicant, that the Minister is
prepared to grant a pipeline licence to that person.
(2)
Where an application for a pipeline licence in
respect of the construction in an adjacent area of a pipeline for the
conveyance of petroleum recovered in a licence area is made in accordance with
section 65 by the licensee, the Minister:
(a)
shall, if the conditions to which the licence is,
or has from time to time been, subject and the provisions of this Part and of
the regulations have been complied with, or
(b)
may, if:
(i)
any of the conditions to which the licence is, or
has from time to time been, subject or any of the provisions of this Part and
of the regulations has not been complied with, and
(ii)
the Minister is, nevertheless, satisfied that
special circumstances exist that justify the granting of a pipeline
licence,
by instrument in writing served on the person who is
then the licensee, inform the person that the Minister is prepared to grant to
the person a pipeline licence.
(3)
Where an application for a pipeline licence in
respect of the construction in an adjacent area of a pipeline for the
conveyance of petroleum recovered in a licence area is made in accordance with
section 65 by the licensee, the Minister shall, if:
(a)
any of the conditions to which the licence is, or
has from time to time been, subject or any of the provisions of this Part and
of the regulations has not been complied with, and
(b)
the Minister is not satisfied that special
circumstances exist that justify the granting of a pipeline
licence,
by instrument in writing served on the person who is
then the licensee, refuse to grant a pipeline licence.
(4)
The Minister shall not, under subsection (3),
refuse to grant a pipeline licence to a licensee unless:
(a)
the Minister has, by instrument in writing served
on the licensee, given not less than 1 month’s notice of the
Minister’s intention to refuse to grant the pipeline
licence,
(b)
the Minister has served a copy of the instrument
on such other persons, if any, as the Minister thinks fit,
(c)
the Minister has, in the instrument:
(i)
given particulars of the reasons for the
intention, and
(ii)
specified a date on or before which the licensee
or a person on whom a copy of the instrument is served may, by instrument in
writing served on the Minister, submit any matters that he or she wishes the
Minister to consider, and
(d)
the Minister has taken into account any matters
so submitted to the Minister on or before the specified date by the licensee
or by a person on whom a copy of the firstmentioned instrument has been
served.
(5)
Where a person, other than the licensee or the
pipeline operator under the Commonwealth Act or a corresponding law, makes an
application in accordance with section 65 for a pipeline licence in respect of
the construction of a pipeline for the conveyance of petroleum recovered in a
licence area or, as the case may be, a licence area under the Commonwealth Act
or a corresponding law, the Minister may, by instrument in writing served on
the applicant, refuse to grant a pipeline licence.
(6)
(7)
An instrument under subsection (1) or (2):
(a)
shall specify the route to be followed by the
pipeline,
(b)
shall contain a summary of the conditions subject
to which the pipeline licence is to be granted, and
(c)
shall contain a statement to the effect that the
application will lapse if the applicant does not make a request under
subsection (9).
(8)
The route to be specified in an instrument under
subsection (1) or (2) shall be:
(a)
the route shown in the plan accompanying the
application, or
(b)
if the Minister is of the opinion that, for any
reason, that route is not appropriate—a route that, in the opinion of
the Minister, is appropriate.
(9)
A person on whom there has been served an
instrument under subsection (1) or (2) may, within a period of 3 months after
the date of service of the instrument on the person, or within such further
period, not exceeding 3 months, as the Minister, on application in writing
served on the Minister before the expiration of the firstmentioned period of 3
months, allows, by instrument in writing served on the Minister, request the
Minister to grant to the person the pipeline licence.
(10)
Where a person on whom there has been served an
instrument under subsection (1) or (2) has made a request under subsection (9)
within the period applicable under subsection (9), the Minister shall grant to
that person a licence to construct and operate a pipeline in respect of the
pipeline specified in the instrument.
(11)
Where a person on whom there has been served an
instrument under subsection (1) or (2) has not made a request under subsection
(9) within the period applicable under subsection (9), the application lapses
upon the expiration of that period.
(12)
(13)
In this section, pipeline
operator under the Commonwealth Act or a corresponding law
means a person who is entitled under the Commonwealth Act or a corresponding
law to carry on operations for the recovery of petroleum in an area outside
the adjacent area and who the Minister is satisfied is or will be entitled to
construct a pipeline from the firstmentioned area to the boundary of the
adjacent area.
s 66: Am 1991 No 6,
Sch 1 (19); 1991 No 85, Sch 2 (19).
67Rights conferred by pipeline licence
A pipeline licence, while it remains in force,
authorizes the pipeline licensee, subject to this Act and the regulations and
in accordance with the conditions to which the pipeline licence is
subject:
(a)
to construct in the adjacent area:
(i)
a pipeline of the design, construction, size and
capacity specified in the pipeline licence along the route, and in the
position in relation to the sea-bed in the adjacent area, so specified,
and
(ii)
the pumping stations, tank stations and valve
stations so specified in the positions so
specified,
(b)
to operate that pipeline and those pumping
stations, tank stations and valve stations, and
(c)
to carry on such operations, to execute such
works and to do all such other things in the adjacent area as are necessary
for or incidental to the construction and operation of that pipeline and of
those pumping stations, tank stations and valve
stations.
68Term of pipeline licence
(1)
Subject to this Part, a pipeline licence remains
in force:
(a)
for a period of 21 years, or
(b)
where the Minister is of the opinion that, having
regard to the dates of expiration of the licences that relate to the licence
areas from which petroleum is, or is to be, conveyed by means of the pipeline,
it is not necessary for the pipeline licence to remain in force for a period
of 21 years—for such period less than 21 years as the Minister
determines and specifies in the pipeline licence.
(2)
A pipeline licence comes into force on the day on
which the pipeline licence is granted or, if a later day is specified in the
pipeline licence as being the day on which the pipeline licence is to come
into force, on that later day.
s 68: Am 1985 No 129,
Sch 1 (11).
69Application for renewal of pipeline
licence
(1)
A pipeline licensee may, from time to time, make
an application to the Minister for the renewal of the pipeline
licence.
(2)
An application for the renewal of the pipeline
licence:
(a)
shall be in accordance with an approved
form,
(b)
subject to subsection (3), shall be made in an
approved manner not less than 6 months before the day on which the pipeline
licence ceases to be in force, and
(c)
shall be accompanied by the prescribed
fee.
(3)
The Minister may, for reasons that the Minister
thinks sufficient, receive an application for the renewal of the pipeline
licence less than 6 months before, but not in any case after, the day on which
the pipeline licence ceases to be in force.
s 69: Am 1985 No 129,
Sch 1 (12); 1991 No 6, Sch 1 (20).
70Grant or refusal of renewal of pipeline
licence
(1)
Where an application has been made under section
69 for the renewal of a pipeline licence, the Minister:
(a)
shall, if the conditions to which the pipeline
licence is, or has from time to time been, subject and the provisions of this
Part and of the regulations have been complied with, or
(b)
may, if:
(i)
any of the conditions to which the pipeline
licence is, or has from time to time been, subject or any of the provisions of
this Part and of the regulations has not been complied with,
and
(ii)
the Minister is, nevertheless, satisfied that
special circumstances exist that justify the granting of the renewal of the
pipeline licence,
by instrument in writing served on the person who is
then the pipeline licensee, inform the person that the Minister is prepared to
grant to the person the renewal of the pipeline licence.
(2)
Where an application has been made under section
69 for the renewal of a pipeline licence, the Minister shall, if:
(a)
any of the conditions to which the pipeline
licence is, or has from time to time been, subject or any of the provisions of
this Part and of the regulations has not been complied with,
and
(b)
the Minister is not satisfied that special
circumstances exist that justify the granting of the renewal of the pipeline
licence,
by instrument in writing served on the person who is
then the pipeline licensee, refuse to grant the renewal of the pipeline
licence.
(3)
The Minister shall not refuse to grant the
renewal of the pipeline licence unless:
(a)
the Minister has, by instrument in writing served
on the pipeline licensee, given not less than 1 month’s notice of the
Minister’s intention to refuse to grant the renewal of the pipeline
licence,
(b)
the Minister has served a copy of the instrument
on such other persons, if any, as the Minister thinks fit,
(c)
the Minister has, in the instrument:
(i)
given particulars of the reasons for the
intention, and
(ii)
specified a date on or before which the pipeline
licensee or a person on whom a copy of the instrument is served may, by
instrument in writing served on the Minister, submit any matters that he
wishes the Minister to consider, and
(d)
the Minister has taken into account any matters
so submitted to the Minister on or before the specified date by the pipeline
licensee or by a person on whom a copy of the firstmentioned instrument has
been served.
(4)
An instrument under subsection (1) shall
contain:
(a)
a summary of the conditions to which the pipeline
licence, on the grant of the renewal, is to be subject,
and
(b)
a statement to the effect that the application
will lapse if the pipeline licensee does not make a request under subsection
(5).
(5)
A pipeline licensee on whom there has been served
an instrument under subsection (1) may, within a period of 1 month after the
date of service of the instrument on the licensee, by instrument in writing
served on the Minister, request the Minister to grant the renewal of the
pipeline licence to the licensee.
(6)
Where a pipeline licensee on whom there has been
served an instrument under subsection (1) has made a request under subsection
(5) within the period referred to in subsection (5), the Minister shall grant
to the licensee the renewal of the pipeline licence.
(7)
Where a pipeline licensee on whom there has been
served an instrument under subsection (1) has not made a request under
subsection (5) within the period referred to in subsection (5), the
application lapses upon the expiration of that period.
(8)
Where:
(a)
an application for the renewal of a pipeline
licence is made under section 69, and
(b)
the pipeline licence expires:
(i)
before the Minister grants, or refuses to grant,
the renewal of the pipeline licence, or
(ii)
before the application lapses as provided by
subsection (7),
the pipeline licence shall be deemed to continue in
force in all respects:
(c)
until the Minister grants, or refuses to grant,
the renewal of the pipeline licence, or
(d)
until the application so
lapses,
whichever first happens.
s 70: Am 1991 No 6,
Sch 1 (21); 1991 No 85, Sch 2 (20).
71Conditions of pipeline licence
(1)
A pipeline licence may be granted subject to such
conditions as the Minister thinks fit and specifies in the pipeline
licence.
(2)
The conditions referred to in subsection (1) may
include a condition that the pipeline licensee shall complete the construction
of the pipeline within the period specified in the pipeline
licence.
(3)
This section extends to a pipeline licence
granted by way of the renewal of a pipeline licence and, in the case of a
pipeline licence so granted, the conditions may include conditions varying or
adding to the conditions of the previous licence and conditions requiring
reconstruction or modification of the pipeline or of associated
works.
72Variation of pipeline licence on application by pipeline
licensee
(1)
A pipeline licensee may, at any time, make an
application to the Minister for the variation of the pipeline
licence.
(2)
An application under this section:
(a)
shall be in accordance with an approved
form,
(b)
shall be made in an approved
manner,
(c)
shall be accompanied by particulars of the
proposed variation,
(d)
shall specify the reasons for the proposed
variation, and
(e)
shall be accompanied by the prescribed
fee.
(3)
The Minister may, at any time, by instrument in
writing served on a person who has made an application under this section,
require the person to furnish, within the period specified in the instrument,
further information in writing in connexion with the
application.
(4)
The Minister shall, in a notice published in the
Gazette of an application under this section, specify a period within which a
person may submit to the Minister, in writing, any matters that the person
wishes the Minister to consider in connexion with the
application.
(5)
After considering any matters submitted to the
Minister under subsection (4), the Minister may, by instrument in writing,
vary the pipeline licence to such extent as the Minister thinks necessary or
may refuse to vary the pipeline licence.
s 72: Am 1991 No 6,
Sch 1 (22).
73Variation of pipeline licence by
Minister
(1)
The Minister may:
(a)
at the request of:
(i)
a Minister or a Minister of State of the
Commonwealth, or
(ii)
a body established by a law of the Commonwealth
or a Territory or of New South Wales, and
(b)
if, in the Minister’s opinion, it is in the
public interest so to do,
by instrument in writing served on a person who is a
pipeline licensee or the holder of an instrument of consent under section 61,
direct that person to make such changes in the design, construction, route or
position of the pipeline, or of a water line, pumping station, tank station,
valve station or secondary line, to which the pipeline licence or instrument
of consent relates as are specified in the firstmentioned instrument, within
the period specified in the firstmentioned instrument and, if the person so
directed is a pipeline licensee, shall vary the pipeline licence
accordingly.
(2)
A person to whom a direction is given under
subsection (1) shall comply with the direction.
Maximum penalty: 500 penalty units or
imprisonment for 5 years, or both.
(3)
Where the Minister gives a direction under
subsection (1) and the person to whom the direction was given has complied
with the direction, that person may bring an action in the Supreme Court
against the Minister, Minister of State of the Commonwealth or body making the
request.
(4)
The Supreme Court shall hear the action, without
a jury, and shall determine whether it is just that the whole or a portion of
the reasonable cost of complying with the direction ought to be paid to the
plaintiff by the defendant.
(5)
If the Supreme Court determines that it is just
that such a payment ought to be made, the Supreme Court shall determine the
amount of the payment and give judgment accordingly.
s 73: Am 1992 No 112,
Sch 1.
74Common carrier
The Minister may, by instrument in writing served
on a pipeline licensee, direct the pipeline licensee to be a common carrier of
petroleum in respect of the pipeline and thereupon the pipeline licensee is a
common carrier of petroleum in respect of the pipeline.
75Ceasing to operate pipeline
(1)
Except with the consent in writing of the
Minister and subject to compliance with such conditions, if any, as are
specified in the instrument of consent, a pipeline licensee shall not cease to
operate the pipeline.
Maximum penalty: 500 penalty units or
imprisonment for 5 years, or both.
(2)
It is not an offence against subsection (1) if
the failure of the pipeline licensee to operate the pipeline:
(a)
was in the ordinary course of operating the
pipeline,
(b)
was for the purpose of repairing or maintaining
the pipeline, or
(c)
was in an emergency in which there was a
likelihood of loss or injury.
s 75: Am 1992 No 112,
Sch 1.
Division 5Registration of instruments
75ADefinition
In this Division:
title means a permit, lease, licence,
pipeline licence or access authority.
s 75A: Ins 1986 No
59, Sch 6 (1).
76Register of certain instruments to be
kept
(1)
For the purposes of this Part, the Minister shall
keep a Register of titles and special prospecting authorities granted by the
Minister.
(2)
The Minister shall enter in the Register a
memorial in respect of each title or special prospecting authority:
(a)
specifying the name of the holder of the title or
special prospecting authority,
(b)
in the case of a permit, lease or licence,
setting out an accurate description (including, where convenient, a map) of
the permit area, lease area or licence area,
(c)
in the case of a special prospecting authority or
an access authority, setting out an accurate description (including, where
convenient, a map) of the area in respect of which the special prospecting
authority or access authority is in force,
(d)
in the case of a pipeline licence, setting out a
description of the route of the pipeline,
(e)
specifying the term of the title or special
prospecting authority,
(f)
setting out such other matters and things as are
required by this Part to be entered in the Register, and
(g)
setting out such further matters relating to the
registered holder or to the terms and conditions of the title or special
prospecting authority as the Minister deems proper and expedient in the public
interest.
(3)
The Minister shall enter in the Register a
memorial of:
(a)
any instrument varying, cancelling, surrendering
or otherwise affecting a title or special prospecting
authority,
(b)
any instrument under section 60 (5), (6) or
(7),
(c)
any agreement under section 110,
and
(d)
any instrument varying or revoking an instrument
referred to in paragraph (a) or (b).
(4)
It is a sufficient compliance with the
requirements of subsection (2) or (3) if the Minister enters a copy of the
title, special prospecting authority or instrument in the
Register.
(5)
(6)
The Minister shall endorse on the memorial or
copy of the title, special prospecting authority or instrument a memorandum of
the date upon which the memorial or copy was entered in the
Register.
s 76: Am 1985 No 129,
Sch 1 (13); 1986 No 59, Sch 6 (2).
77Memorials to be entered of permits etc determined
etc
Where:
(a)
a permit or lease ceases to be in force in
respect of a block in respect of which a licence is
granted,
(aa)
a permit ceases to be in force in respect of a
block in respect of which a lease is granted,
(b)
a permit or lease has been wholly determined or
partly determined, or
(c)
a title or special prospecting authority has
expired,
the Minister shall enter in the Register a memorial of
the fact.
s 77: Am 1986 No 59,
Sch 6 (3).
78Approval and registration of transfers
(1)
A transfer of a title is of no force until it has
been approved by the Minister and an instrument of transfer is registered as
provided by this section.
(2)
Where it is desired that a title be transferred,
one of the parties to the proposed transfer may make an application in writing
to the Minister for approval of the transfer.
(3)
An application for approval of a transfer of a
title shall be accompanied by:
(a)
an instrument of transfer in the prescribed form
executed by the registered holder or, if there are 2 or more registered
holders, by each registered holder and by the transferee or, if there are 2 or
more transferees, by each transferee,
(b)
in a case where the transferee or one or more of
the transferees is not a registered holder or are not registered holders of
the title, an instrument setting out:
(i)
the technical qualifications of that transferee
or those transferees,
(ii)
details of the technical advice that is or will
be available to that transferee or those transferees, and
(iii)
details of the financial resources that are or
will be available to that transferee or those transferees,
and
(c)
2 copies of the application and of the
instruments referred to in paragraphs (a) and (b).
(4)
The Minister shall not approve the transfer of a
title unless the application was lodged within 3 months after the day on which
the party who last executed the instrument of transfer so executed the
instrument of transfer or within such longer period as the Minister, in
special circumstances, allows.
(5)
Where an application for approval of a transfer
is made in accordance with this section, the Minister shall enter a memorandum
in the Register of the date on which the application was lodged and may make
such other notation in the Register as the Minister considers
appropriate.
(6)
The Minister must consider each application for
approval of the transfer of a title and determine whether to approve the
transfer.
(7)
Where an application for approval of the transfer
of a title is made in accordance with this section, the Minister shall, by
notice in writing served on the person who made the application, inform the
person of the decision of the Minister.
(8)
(9)
Where the Minister approves the transfer of a
title, the Minister shall forthwith endorse on the instrument of transfer and
on one copy of the instrument a memorandum of approval and shall, on payment
of the fee provided by section 92, enter in the Register a memorandum of the
transfer and the name of the transferee or of each
transferee.
(10)
Upon the entry in the Register of a memorandum of
the transfer of a title and of the name of the transferee or each transferee
in accordance with subsection (9):
(a)
the transfer shall be deemed to be registered,
and
(b)
the transferee becomes the registered holder, or
the transferees become the registered holders, of the
title.
(11)
Where the Minister refuses to approve the
transfer of a title, the Minister shall make a notation of the refusal in the
Register.
(12)
Where a transfer is registered:
(a)
the copy of the instrument of transfer endorsed
with the memorandum of approval shall be retained by the Minister and made
available for inspection in accordance with this Division,
and
(b)
the instrument of transfer endorsed with the
memorandum of approval shall be returned to the person who lodged the
application for approval of the transfer.
(13)
The mere execution of an instrument of transfer
of a title creates no interest in the title.
s 78: Subst 1986 No
59, Sch 6 (4). Am 1991 No 17, Sch 2; 1991 No 85, Sch 2 (21).
79Entries in Register on devolution of title
etc
(1)
A person upon whom the rights of a registered
holder of a particular title have devolved by operation of law may apply in
writing to the Minister to have the person’s name entered in the
Register as the holder of the title.
(2)
The Minister shall, if satisfied that the rights
of the holder have devolved upon the applicant by operation of law and on
payment of the prescribed fee, enter the name of the applicant in the Register
as the holder of the title and, upon that entry being so made, the applicant
becomes the registered holder of the title.
(3)
Where a company that is the registered holder of
a particular title has changed its name, it may apply in writing to the
Minister to have its new name substituted for its previous name in the
Register in relation to that title and, if:
(a)
the Minister is satisfied that the company has so
changed its name, and
(b)
the company has paid the prescribed
fee,
the Minister shall make the necessary alterations in the
Register.
s 79: Am 1986 No 59,
Sch 6 (5); 1991 No 6, Sch 1 (23).
80
s 80: Rep 1986 No 59,
Sch 6 (6).
81Approval of dealings creating etc interests etc in existing
titles
(1)
This section applies to a dealing that would, but
for subsection (2), have one or more of the following effects:
(a)
the creation or assignment of an interest in an
existing title,
(b)
the creation or assignment of a right
(conditional or otherwise) to the assignment of an interest in an existing
title,
(c)
the determining of the manner in which persons
may exercise the rights conferred by, or comply with the obligations imposed
by or the conditions of, an existing title (including the exercise of those
rights or the compliance with those obligations or conditions under
co-operative arrangements for the recovery of petroleum),
(d)
the creation or assignment of:
(i)
an interest in relation to an existing permit,
lease or licence, being an interest known as an overriding royalty interest, a
production payment, a net profits interest or a carried interest,
or
(ii)
any other interest that is similar to an interest
referred to in subparagraph (i), being an interest relating to petroleum
produced from operations authorized by an existing permit, lease or licence or
relating to revenue derived as a result of the carrying out of operations of
that kind,
(e)
the creation or assignment of an option
(conditional or otherwise) to enter into a dealing, being a dealing that has
one or more of the effects referred to in paragraphs (a), (b), (c) and
(d),
(f)
the creation or assignment of a right
(conditional or otherwise) to enter into a dealing, being a dealing that has
one or more of the effects referred to in paragraphs (a), (b), (c) and
(d),
(g)
the alteration or termination of a dealing, being
a dealing that has one or more of the effects referred to in paragraphs (a),
(b), (c), (d), (e) and (f),
but this section does not apply to a transfer to which
section 78 applies.
(2)
A dealing to which this section applies is of no
force in so far as the dealing would, but for this subsection, have an effect
of a kind referred to in subsection (1) in relation to a particular title
until:
(a)
the dealing, in so far as it relates to that
title, has been approved by the Minister, and
(b)
an entry has been made in the Register in
relation to the dealing by the Minister in accordance with subsection
(12).
(3)
A party to a dealing to which this section
applies may lodge with the Minister:
(a)
in a case where the dealing relates to only one
title, an application in writing for approval by the Minister of the dealing,
or
(b)
in any other case, a separate application in
writing for approval by the Minister of the dealing in relation to each title
to which the dealing relates.
(4)
An application under subsection (3) for approval
of a dealing:
(a)
must be accompanied by the instrument evidencing
the dealing or, if that instrument has already been lodged with the Minister
for the purposes of another application, a copy of that instrument,
and
(b)
may be accompanied by an instrument setting out
such particulars (if any) as are prescribed for the purposes of an application
for approval of a dealing of that kind.
(4A)
An application under subsection (3) for approval
of a dealing must be accompanied by 2 copies of:
(a)
the application, and
(b)
the instrument referred to in subsection (4) (a),
and
(c)
any instrument lodged for the purposes of
subsection (4) (b).
(5)
Subject to subsection (6), the Minister shall not
approve a dealing unless the application for approval of the dealing is lodged
with the Minister within 3 months after the day on which the party who last
executed the instrument evidencing the dealing so executed the instrument or
such longer period as the Minister, in special circumstances,
allows.
(6)
Where a dealing relating to a title was,
immediately before the title came into existence, a dealing referred to in
section 81A (1), the Minister shall not approve the dealing unless:
(a)
a provisional application for approval of the
dealing was lodged in accordance with section 81A (1), or
(b)
an application for approval of the dealing is
lodged with the Minister in accordance with this section within 3 months after
the day on which the title came into existence or such longer period as the
Minister, in special circumstances, allows.
(7)
Where a dealing to which this section applies
forms a part of the issue of a series of debentures, all of the dealings
constituting the issue of that series of debentures shall, for the purposes of
this section, be taken to be one dealing.
(8)
Where a dealing to which this section applies
(including a dealing referred to in subsection (7)) creates a charge over some
or all of the assets of a body corporate, the person lodging the application
for approval of the dealing shall be deemed to have complied with subsection
(4) (a), and with subsection (4A) in so far as that subsection requires 2
copies of the document referred to in subsection (4) (a) to accompany the
application, if the person lodges with the application 3 copies of each
document required to be lodged with the Australian Securities and Investments
Commission relating to the creation of that charge under section 263 of the
Corporations Act 2001 of the
Commonwealth.
(9)
On receipt of an application made under this
section, the Minister shall enter a memorandum in the Register of the date on
which the application was lodged and may make such other notation in the
Register as the Minister considers appropriate.
(10)
The Minister may approve or refuse to approve a
dealing to which this section applies in so far as the dealing relates to a
particular title.
(11)
The Minister shall, by notice in writing served
on the person who made an application for approval of a dealing, inform the
person of the Minister’s decision.
(12)
If the Minister approves a dealing, the Minister
shall endorse on the original instrument evidencing the dealing and on one
copy of that instrument or, if the original instrument was not lodged with the
application, on 2 of the copies of that instrument a memorandum of approval
and, on payment of the fee provided by section 92, make an entry of the
approval of the dealing in the Register on the memorial relating to, or on the
copy of, the title in respect of which the approval is
sought.
(13)
Where an entry is made in the Register in
relation to a dealing in accordance with subsection (12):
(a)
if the dealing was approved before the
commencement of the Petroleum (Submerged Lands) Further Amendment Act
1991 or the application for approval of the dealing was
not accompanied by an instrument for the purpose of subsection (4) (b), one
copy of the instrument evidencing the dealing endorsed with a memorandum of
approval must be retained by the Minister and made available for inspection in
accordance with this Division, and
(b)
if the application for approval of the dealing
was accompanied by an instrument for the purpose of subsection (4) (b), a copy
of that instrument endorsed with a copy of the memorandum of approval of the
dealing must be retained by the Minister and made available for inspection in
accordance with this Division but a copy of the instrument evidencing the
dealing must not be so made available, and
(c)
the original instrument evidencing the dealing,
or a copy of the original instrument, as the case requires, endorsed with a
memorandum of approval and the instrument (if any) lodged for the purpose of
subsection (4) (b) must be returned to the person who made the application for
approval.
(13A)
The approval of a dealing or the making of an
entry in the Register in relation to a dealing is not rendered ineffective by
any failure to comply, in relation to the application for approval of the
dealing, with the requirements of this section.
(14)
Where the Minister refuses to approve a dealing,
the Minister shall make a notation of the refusal in the
Register.
(15)
In this section, charge and debenture have the same
respective meanings as they have for the purposes of section 263 of the
Corporations Act 2001 of the
Commonwealth.
s 81: Subst 1986 No
59, Sch 6 (7). Am 1991 No 85, Sch 1 (11); 2001 No 34, Sch 2.42 [1]
[2].
81AApproval of dealings in future interests
etc
(1)
Where 2 or more persons enter into a dealing
relating to a title that may come into existence in the future and that
dealing would, if the title came into existence, become a dealing to which
section 81 applies, a person who is a party to the dealing may, during the
prescribed period in relation to the title, lodge with the Minister:
(a)
in a case where the dealing relates to only one
title that may come into existence in the future, a provisional application in
writing for approval by the Minister of the dealing, or
(b)
in any other case, a separate provisional
application in writing for approval by the Minister of the dealing in relation
to each title that may come into existence in the future and to which the
dealing relates.
(2)
Section 81 (4), (7) and (8) applies to a
provisional application lodged under subsection (1) as if that provisional
application were an application lodged under section 81
(3).
(3)
Where:
(a)
the title to which a dealing referred to in
subsection (1) relates comes into existence, and
(b)
upon that title coming into existence, the
dealing becomes a dealing to which section 81
applies,
the provisional application lodged under subsection (1)
in relation to the dealing shall be treated as if it were an application
lodged under section 81 (3) on the day on which that title came into
existence.
(4)
A reference in subsection (1) to the prescribed
period, in relation to a title, is a reference to the period:
(a)
commencing:
(i)
in the case of a permit, lease, licence or
pipeline licence—on the day of service of an instrument informing the
applicant for the permit, lease, licence or pipeline licence that the Minister
is prepared to grant the permit, lease, licence or pipeline licence,
or
(ii)
in the case of an access authority—on the
day on which the application for the grant of the access authority is made,
and
(b)
ending on the day on which the title comes into
existence.
s 81A: Ins 1986 No
59, Sch 6 (7).
82True consideration to be shown
(1)
A person who is a party to a transfer referred to
in section 78, a dealing to which section 81 applies or a dealing referred to
in section 81A (1) shall not lodge with the Minister:
(a)
an instrument of transfer,
(b)
an instrument evidencing the dealing,
or
(c)
an instrument of the kind referred to in section
81 (4) (b),
that contains a statement relating to the consideration
for the transfer or dealing, or to any other fact or circumstance affecting
the amount of the fee payable in respect of the transfer or dealing under
section 92, being a statement that is, to the knowledge of the person, false
or misleading in a material particular.
Maximum penalty: 100 penalty
units.
(2)
Where a person is convicted of an offence against
subsection (1), the Minister may make a fresh determination of the amount of
the fee payable under section 92 in respect of the memorandum relating to the
transfer or dealing.
(3)
Subsections (2) and (3) of section 91 apply in
relation to a determination under subsection (2) as they apply in relation to
a determination under section 91 (1).
s 82: Am 1986 No 59,
Sch 6 (8); 1992 No 112, Sch 1.
83Minister not concerned with certain
matters
Neither the Minister nor a person acting under
the Minister’s direction or authority is concerned with the effect in
law of any instrument lodged with the Minister in pursuance of this Division,
nor does the approval of a transfer or dealing give to the transfer or dealing
any force, effect or validity that the transfer or dealing would not have had
if this Division had not been enacted.
s 83: Am 1986 No 59,
Sch 6 (9).
84Power of Minister to require information as to
dealings
(1)
The Minister may require the person lodging an
application for approval of a transfer or dealing or a provisional application
for approval of a dealing under this Division to furnish to the Minister in
writing such information concerning the transfer or dealing as the Minister
considers necessary or advisable.
(1A)
The Minister may require a person who is a party
to a dealing approved by the Minister under section 81 to furnish to the
Minister a statement in writing setting out such information concerning
alterations in the interests or rights existing in relation to the title to
which the approved dealing relates as the Minister considers necessary or
advisable.
(1B)
The Minister may require a person making an
application under section 79 (1) or (3) or 87A (2) to furnish to the Minister
in writing such information concerning the matter to which the application
relates as the Minister considers necessary or
advisable.
(1C)
A person shall not fail or refuse to comply with
a requirement given to the person under subsection (1), (1A) or
(1B).
(2)
A person who is so required to furnish
information shall not knowingly furnish information that is false or
misleading in a material particular.
Maximum penalty: 50 penalty
units.
s 84: Am 1986 No 59,
Sch 6 (10); 1991 No 85, Sch 2 (2); 1992 No 112, Sch 1.
85Production and inspection of documents
(1)
The Minister may require any person to produce to
the Minister or to make available for inspection by the Minister any documents
in the possession or under the control of that person and relating to a
transfer or dealing in relation to which approval is sought under this
Division.
(1A)
The Minister may require any person to produce to
the Minister or to make available for inspection by the Minister any documents
in the possession or under the control of that person and relating to an
application made to the Minister under section 79 (1) or (3) or 87A
(2).
(2)
A person shall not fail or refuse to comply with
a requirement given to the person under subsection (1) or (1A).
Maximum penalty: 50 penalty
units.
s 85: Am 1986 No 59,
Sch 6 (11); 1992 No 112, Sch 1.
86Inspection of Register and documents
(1)
The Register and all instruments or copies of
instruments subject to inspection under this Division shall at all convenient
times be open for inspection by any person upon payment of a fee calculated in
accordance with the regulations.
(2)
s 86: Am 1986 No 59,
Sch 6 (12); 1991 No 6, Sch 1 (24); 1991 No 85, Sch 1 (12).
87Evidentiary provisions
(1)
The Register shall be received by all courts as
evidence of all matters required or authorized by this Division to be entered
in the Register.
(2)
The Minister may, on payment of a fee calculated
in accordance with the regulations, supply copies of or extracts from the
Register or of or from any instrument lodged with the Minister under this
Division, certified by writing under the Minister’s hand, and such a
copy or extract so certified is admissible in evidence in all courts and
proceedings without further proof or production of the
original.
(3)
The Minister may, on payment of a fee calculated
in accordance with the regulations, by instrument in writing, certify that an
entry, matter or thing required or permitted by or under this Division to be
made or done or not to be made or done has or has not, as the case may be,
been made or done and such a certificate is evidence in all courts and
proceedings of the statements contained in the
certificate.
s 87: Am 1991 No 6,
Sch 1 (25).
87AMinister may make corrections to
Register
(1)
The Minister may alter the Register for the
purpose of correcting a clerical error or an obvious defect in the
Register.
(2)
Subject to subsection (3), the Minister may, on
application being made in writing by a person or of the Minister’s own
motion, make such entries in the Register as the Minister considers
appropriate for the purposes of ensuring that the Register accurately records
the interests and rights existing in relation to a
title.
(3)
Where the Minister proposes to make an entry in
the Register in accordance with subsection (2), the Minister shall cause to be
published in the Gazette a notice:
(a)
setting out the terms of the entry that the
Minister proposes to make in the Register, and
(b)
inviting interested persons to give to the
Minister, by such day as is specified in the notice, being a day not earlier
than 45 days after the publication of the notice, submissions in writing
relating to the making of the entry.
(4)
Where submissions are, in accordance with a
notice under subsection (3), given to the Minister in relation to the proposed
making of an entry in the Register, the Minister shall:
(a)
take those submissions into account before making
an entry in the Register, and
(b)
after making an entry in the Register, cause to
be published in the Gazette a notice setting out the terms of the
entry.
s 87A: Ins 1986 No
59, Sch 6 (13).
88Appeals
(1)
The Supreme Court may, on the application of a
person aggrieved by:
(a)
the omission of an entry from the
Register,
(b)
an entry made in the Register without sufficient
cause,
(c)
an entry wrongly existing in the Register,
or
(d)
an error or defect in an entry in the
Register,
make such order as it thinks fit directing the
rectification of the Register.
(2)
The Supreme Court may, in proceedings under this
section, decide any question that it is necessary or expedient to decide in
connexion with the rectification of the Register.
(3)
Notice of an application under this section shall
be given to the Minister, who may appear and be heard and shall appear if so
directed by the Supreme Court.
(4)
An office copy of an order made by the Supreme
Court may be served on the Minister, and the Minister shall, upon receipt of
the order, rectify the Register accordingly.
89Minister not liable to certain actions
Subject to section 88, the Minister, the
Minister’s delegate or a person acting under the direction or authority
of the Minister or the Minister’s delegate is not liable to an action,
suit or proceeding for or in respect of an act or matter done or omitted to be
done in good faith in exercise or purported exercise of any power or authority
conferred by this Division.
90Offences
A person who wilfully:
(a)
makes, causes to be made or concurs in making a
false entry in the Register, or
(b)
produces or tenders in evidence a document
falsely purporting to be a copy of or extract from an entry in the Register or
of or from an instrument lodged with the Minister under this
Division,
is guilty of an offence.
Maximum penalty: 50 penalty
units.
s 90: Am 1992 No 112,
Sch 1.
91Assessment of fee
(1)
The Minister may determine the amount of the fee
payable under section 92 in respect of any memorandum.
(2)
A person dissatisfied with a determination of the
Minister under subsection (1) may appeal to the Supreme Court against the
determination.
(3)
Upon the hearing of the appeal, the Supreme Court
may affirm, reverse or modify the determination of the
Minister.
92Imposition of registration fees
(1)
In this section, title means a permit, lease,
licence, pipeline licence or access authority.
(2)
Subject to this section, there is payable to the
Minister in respect of an entry in the Register of a memorandum of the
transfer of a title under section 78 a fee at the rate of 1.5 per cent
of:
(a)
the value of the consideration for the transfer,
or
(b)
the value of the title
transferred,
whichever is the greater or, if the amount of that fee
is less than the prescribed amount, a fee of the prescribed
amount.
(3)
Where:
(a)
a fee imposed by subsection (5) in respect of an
entry of approval of a dealing, being a dealing pursuant to which the transfer
of a title is agreed to, has been paid, and
(b)
but for this subsection, the amount of the fee
imposed by subsection (2) in respect of the entry of a memorandum of the
transfer of the title, being a transfer executed for the purpose of giving
effect to the dealing referred to in paragraph (a), would be greater than the
prescribed amount,
the amount of the fee imposed by subsection (2) in
respect of the entry of the memorandum of the transfer is the prescribed
amount.
(4)
Where:
(a)
the parties to a transfer of a title lodged for
approval under section 78 satisfy the Minister that:
(i)
those parties are related bodies corporate within
the meaning of the Corporations Act 2001 of the
Commonwealth,
(ii)
the transfer was executed solely for the purpose
of a reorganization of the corporations concerned or any of them or solely for
the purpose of securing the better administration of the corporations
concerned or any of them, and
(iii)
the transfer was not executed substantially for
the purpose of avoiding or reducing the registration fees that would, but for
this subsection, be available under subsection (2) in respect of the entry of
a memorandum or the transfer, and
(b)
but for this subsection, the amount of the fee
imposed by subsection (2) in respect of the entry of the memorandum of the
transfer of the title would be more than the prescribed
amount,
the amount of the fee imposed by subsection (2) in
respect of the entry of the memorandum of the transfer is the prescribed
amount.
(5)
Subject to this section, there is payable to the
Minister in respect of an entry in the Register of the approval of a dealing
under section 81 a fee at the rate of 1.5 per cent of:
(a)
the value of the consideration for the dealing
or, if the Minister approves the dealing in relation to another title or
titles, an amount equal to the value of the consideration for the dealing
divided by the number of titles in relation to which the dealing is approved,
or
(b)
in a case where:
(i)
the entry of approval relates to an interest in a
licence or pipeline licence,
(ii)
the value of the interest is greater than the
amount applicable under paragraph (a),
(iii)
the dealing has an effect of the kind referred to
in section 81 (1) (a), (b) or (d), and
(iv)
the Minister is satisfied that the dealing was
not made pursuant to another dealing, being a dealing that relates to that
title and in respect of an entry of approval of which a fee imposed by this
subsection has been paid,
the value of the interest.
(6)
Where:
(a)
but for this subsection, the amount of the fee
imposed by subsection (5) in relation to an entry of approval of a dealing
would be less than the prescribed amount, or
(b)
an approval under section 81 is given in respect
of a dealing that is a dealing to which that section applies by reason only
that the dealing creates, varies or terminates a charge over some or all of
the assets of a body corporate,
the amount of the fee imposed by subsection (5) in
respect of the entry of that approval is the prescribed
amount.
(6A)
Where:
(a)
the parties to a dealing lodged for approval
under section 81 satisfy the Minister that:
(i)
those parties are related bodies corporate within
the meaning of the Corporations Act 2001 of the
Commonwealth,
(ii)
the dealing was entered into solely for the
purpose of a reorganization of the corporations concerned or any of them or
solely for the purpose of securing the better administration of the
corporations concerned or any of them, and
(iii)
the dealing was not entered into substantially
for the purpose of avoiding or reducing the registration fees that would, but
for this subsection, be payable under subsection (5) in respect of the entry
of approval of the dealing, and
(b)
but for this subsection, the amount of the fee
imposed by subsection (5) in relation to the entry of approval of the dealing
would be more than the prescribed amount,
the amount of the fee imposed by subsection (5) in
respect of the entry of approval of that dealing is the prescribed
amount.
(6B)
For the purpose of calculating the amount of the
fee imposed by subsection (5) in respect of an entry of approval of a dealing,
the value, as determined by the Minister, of any exploration works to be
carried out pursuant to the dealing, being works that were, at the time when
the application for approval of the dealing was lodged, required or permitted
to be carried out by or under the relevant title, shall be deducted from the
value of the consideration for the dealing or from the value of the interest
in the relevant licence, as the case requires.
(7)
A memorandum in respect of which a fee is payable
to the Minister under subsection (1), any agreement for the transfer of a
permit, licence, pipeline licence or access authority and any agreement by
which a legal or equitable interest in or affecting a permit, licence,
pipeline licence or access authority is created, assigned, affected or dealt
with, whether directly or indirectly, is, to the extent to which it relates to
a permit, licence, pipeline licence or access authority, exempt from duty
under the Duties Act
1997.
s 92: Am 1986 No 59,
Sch 6 (14); 1991 No 6, Sch 1 (26); 2001 No 34, Sch 2.42 [3] [4]; 2005 No 35,
Sch 2 [3].
Division 6General
93Notice of grants of permits etc to be
published
The Minister shall cause notice of, and such
particulars as the Minister thinks fit of:
(a)
the grant, and the grant of the renewal, of a
permit, lease, licence or pipeline licence,
(b)
the variation of a licence or pipeline
licence,
(c)
the surrender or cancellation of a permit, lease
or licence as to all or some of the blocks in the permit area, lease area or
licence area,
(d)
the determination of a permit or lease as to a
block or blocks,
(e)
an application for a pipeline licence or for the
renewal or variation of a pipeline licence,
(f)
the surrender or cancellation of a pipeline
licence as to the whole or a part of the pipeline, and
(g)
the expiry of a permit, lease, licence or
pipeline licence,
under this Part to be published in the
Gazette.
s 93: Am 1986 No 59,
Sch 7 (1).
94Date of effect of permits etc
(1)
(2)
The surrender or cancellation of a permit, lease
or licence as to all or some of the blocks in the permit area, lease area or
licence area has effect on and from the day on which notice of the surrender
or cancellation is published in the Gazette.
(3)
The surrender or cancellation of a pipeline
licence as to the whole or a part of the pipeline has effect on and from the
day on which notice of the surrender or cancellation is published in the
Gazette.
(4)
A variation of a licence or pipeline licence has
effect on and from the day on which notice of the variation is published in
the Gazette.
s 94: Am 1985 No 129,
Sch 1 (14); 1986 No 59, Sch 7 (2).
95Commencement of works
(1)
Where a permit, lease, licence or pipeline
licence is granted subject to a condition that works or operations specified
in the permit, lease, licence or pipeline licence are to be carried out, the
permittee, lessee, licensee or pipeline licensee, as the case may be, shall
commence to carry out those works or operations within a period of 6 months
after the day on which the permit, lease, licence or pipeline licence, as the
case may be, comes into force.
(2)
The Minister may, for reasons that the Minister
thinks sufficient, by instrument in writing served on a permittee, lessee,
licensee or pipeline licensee:
(a)
exempt the person from compliance with the
requirements of subsection (1), and
(b)
direct the person to commence to carry out the
works or operations specified in the permit, lease, licence or pipeline
licence, as the case may be, within such period after the day on which the
permit, lease, licence or pipeline licence, as the case may be, comes into
force as is specified in the instrument.
(3)
A person to whom a direction is given under
subsection (2) shall comply with the direction.
Maximum penalty: 100 penalty
units.
s 95: Am 1985 No 129,
Sch 1 (15); 1986 No 59, Sch 7 (3); 1992 No 112, Sch 1.
96Work practices
(1)
A permittee, lessee or licensee shall carry out
all petroleum exploration operations and operations for the recovery of
petroleum in the permit area, lease area or licence area in a proper and
workmanlike manner and in accordance with good oil-field practice and shall
secure the safety, health and welfare of persons engaged in those operations
in or about the permit area, lease area or licence area.
(2)
In particular, and without limiting the
generality of subsection (1), but subject to any authorization or requirement
given or made by or under this Act, the regulations or directions under this
Act, a permittee, lessee or licensee shall:
(a)
control the flow and prevent the waste or escape
in the permit area, lease area or licence area of petroleum or
water,
(b)
prevent the escape in the permit area, lease area
or licence area of any mixture of water or drilling fluid with petroleum or
any other matter,
(c)
prevent damage to petroleum-bearing strata in an
area, whether within the adjacent area or not, in respect of which the permit,
lease or licence is not in force,
(d)
keep separate:
(i)
each petroleum pool discovered in the permit
area, lease area or licence area, and
(ii)
such of the sources of water, if any, discovered
in that area as the Minister, by instrument in writing served on that person,
directs, and
(e)
prevent water or any other matter entering any
petroleum pool through wells in the permit area, lease area or licence area
except when required by, and in accordance with, good oil-field
practice.
(3)
A pipeline licensee shall operate the pipeline in
a proper and workmanlike manner and shall secure the safety, health and
welfare of persons engaged in operations in connexion with the
pipeline.
(4)
In particular and without limiting the generality
of subsection (3), a pipeline licensee shall prevent the waste or escape of
petroleum or water from the pipeline or from any water line, pumping station,
tank station, valve station or secondary line.
(5)
A person who is the holder of a special
prospecting authority or an access authority shall carry out all petroleum
exploration operations in the area in respect of which the special prospecting
authority or access authority is in force in a proper and workmanlike manner
and in accordance with good oil-field practice and shall secure the safety,
health and welfare of persons engaged in those operations in or about that
area.
(6)
It is a defence if a person charged with failing
to comply with a provision of this section, or a defendant in an action
arising out of a failure by the defendant to comply with a provision of this
section, proves that he or she took all reasonable steps to comply with that
provision.
Maximum penalty: 100 penalty
units.
s 96: Am 1986 No 59,
Sch 7 (4); 1992 No 112, Sch 1.
97Conditions relating to insurance
(1)
The holder of a permit, lease, licence or
pipeline licence must maintain, as directed by the Minister from time to time,
insurance against expenses or liabilities or specified things arising in
connection with, or as a result of, the carrying out of work, or the doing of
any other thing, under the permit, lease, licence or pipeline licence,
including expenses of complying with directions with respect to the clean-up
or other remedying of the effects of the escape of
petroleum.
(2)
The conditions subject to which a special
prospecting authority or access authority is granted may include a condition
that the holder maintain, as directed by the Minister from time to time,
insurance against expenses or liabilities or specified things arising in
connection with, or as a result of, the carrying out of work, or the doing of
any other thing, under the authority, including expenses of complying with
directions with respect to the clean-up or other remedying of the effects of
the escape of petroleum.
(3)
Where:
(a)
a permit, lease, licence or pipeline licence was
in force immediately before the commencement of this section,
and
(b)
the Minister has required the holder to maintain
insurance under subsection (1), and
(c)
the Minister is satisfied that the required
insurance is in effect,
the Minister must issue a certificate that the Minister
is so satisfied.
(4)
Where the Minister issues a certificate under
subsection (3), any security in force in relation to the permit, lease,
licence or pipeline licence, being a security that was required under this Act
before the commencement of this section, is discharged.
(5)
The discharge of a security under subsection (4)
has no effect on any liability arising under or in relation to the security
before its discharge.
s 97: Am 1986 No 59,
Sch 7 (5). Subst 1991 No 85, Sch 2 (3).
98Maintenance etc of property
(1)
In this section:
operator means a permittee,
lessee, licensee, pipeline licensee or holder of a special prospecting
authority or access authority.
the operations
area:
(a)
in relation to an operator who is a permittee,
lessee or licensee—means the permit area, lease area or licence area, as
the case may be,
(b)
in relation to an operator who is a pipeline
licensee—means the part of the adjacent area in which the pipeline is
constructed, and
(c)
in relation to an operator who is the holder of a
special prospecting authority or access authority—means the area in
respect of which that authority is in force.
(2)
An operator shall maintain in good condition and
repair all structures, equipment and other property in the operations area and
used in connexion with the operations in which the operator is
engaged.
(3)
An operator shall remove from the operations area
all structures, equipment and other property that are not either used or to be
used in connexion with the operations in which the operator is
engaged.
(4)
Subsections (2) and (3) do not apply in relation
to any structure, equipment or other property that was not brought into the
operations area by or with the authority of the
operator.
Maximum penalty: 100 penalty
units.
s 98: Am 1986 No 59,
Sch 7 (6); 1992 No 112, Sch 1.
99Sections 96 and 98 to have effect subject to this Act
etc
Sections 96 and 98 have effect subject to:
(a)
any other provision of this
Act,
(b)
the regulations,
(c)
a direction under section 101,
and
(d)
any other law.
100Drilling near boundaries
(1)
A permittee, lessee or licensee shall not make a
well any part of which is less than 300 metres from a boundary of the permit
area, lease area or licence area, as the case may be, except with the consent
in writing of the Minister and in accordance with such conditions, if any, as
are specified in the instrument of consent.
(2)
Where a permittee, lessee or licensee does not
comply with subsection (1), the Minister may, by instrument in writing served
on the permittee, lessee or licensee, as the case may be, direct the person to
do one or more of the following, within the period specified in the
instrument:
(a)
to plug the well,
(b)
to close off the well,
(c)
to comply with such directions relating to the
making or maintenance of the well as are specified in the
instrument.
(3)
A person to whom a direction is given under
subsection (2) shall comply with the direction.
Maximum penalty: 100 penalty
units.
s 100: Am 1986 No 59,
Sch 7 (7); 1992 No 112, Sch 1.
101Directions
(1)
The Minister may, by instrument in writing served
on the registered holder of a permit, lease, licence, pipeline licence,
special prospecting authority or access authority, give to the registered
holder a direction as to any matter with respect to which regulations may be
made.
(2)
A direction given under this section to a
registered holder applies to the registered holder and may also be expressed
to apply to:
(a)
a specified class of persons, being a class
constituted by or included in one or both of the following classes of
persons:
(i)
servants or agents of, or persons acting on
behalf of, the registered holder,
(ii)
persons performing work or services, whether
directly or indirectly, for the registered holder,
or
(b)
any person (not being a person to whom the
direction applies otherwise than in accordance with this paragraph) who is in
the adjacent area for any reason touching, concerning, arising out of or
connected with the exploration of the sea-bed or subsoil of the adjacent area
for petroleum or the exploitation of the natural resources, being petroleum,
of that sea-bed or subsoil or is in, on, above, below or in the vicinity of a
vessel, aircraft, structure or installation, or equipment or other property,
that is in the adjacent area for a reason of that
kind,
and where a direction so expressed is given, the
direction shall be deemed to apply to each person included in that specified
class or to each person who is in the adjacent area as mentioned in paragraph
(b), as the case may be.
(2A)
Where a direction under this section applies to a
registered holder and to a person referred to in subsection (2) (a), the
registered holder shall cause a copy of the instrument by which the direction
was given to be given to that other person or to be exhibited at a prominent
position at a place in an adjacent area frequented by that other
person.
Maximum penalty: 50 penalty
units.
(2B)
Where a direction under this section applies to a
registered holder and to a person referred to in subsection (2) (b), the
registered holder shall cause a copy of the instrument by which the direction
was given to be exhibited at a prominent position at a place in an adjacent
area.
Maximum penalty: 50 penalty
units.
(2C)
Where a direction under this section applies to a
registered holder and to a person referred to in subsection (2) (b), the
Minister may, by notice in writing given to the registered holder, require the
registered holder to cause to be displayed at such places in an adjacent area,
and in such manner, as are specified in the notice, copies of the instrument
by which the direction was given, and the registered holder shall comply with
that requirement.
Maximum penalty: 50 penalty
units.
(3)
The Minister shall not give a direction of a
standing or permanent nature except after consultation with the Minister of
State for the time being administering the Commonwealth Act, but the validity
of a direction of the Minister shall not be called in question by reason only
of a failure to comply with this subsection.
(4)
A direction under this section has effect and
shall be complied with notwithstanding any previous direction under this
section or anything in the regulations or the applied
provisions.
(5)
Section 152 (2A) and (2B) applies in relation to
directions under this section in like manner as those subsections apply to the
regulations.
(6)
A person to whom a direction in force under
subsection (1) is applicable shall comply with the direction.
Maximum penalty for an offence against this
subsection: 100 penalty units.
(7)
Where:
(a)
a direction under this section applies to a
registered holder and another person and that other person is prosecuted for
an offence against subsection (6) in relation to the direction,
and
(b)
the person adduces evidence that the person did
not know, and could not reasonably be expected to have known, of the existence
of the direction,
the person shall not be convicted of the offence unless
the prosecutor proves that the person knew, or could reasonably be expected to
have known, of the existence of the direction.
s 101: Am 1986 No 59,
Sch 7 (8); 1992 No 112, Sch 1.
102Compliance with directions
(1)
Where a person does not comply with a direction
given or applicable to the person under this Part or under the regulations,
the Minister may do all or any of the things required by the direction to be
done.
(2)
Costs and expenses incurred by the Minister under
subsection (1) in relation to a direction are a debt due by the person to whom
the direction was given or was applicable to the Crown and are recoverable in
a court of competent jurisdiction.
(2A)
Where:
(a)
a direction given under section 101 applies to a
permittee, lessee, licensee or pipeline licensee or the holder of a special
prospecting authority or access authority and another person and an action
under subsection (2) relating to the direction is brought against that other
person, and
(b)
the person adduces evidence that the person did
not know, and could not reasonably be expected to have known, of the existence
of the direction,
the person is not liable under subsection (2) unless the
plaintiff proves that the person knew, or could reasonably be expected to have
known, of the existence of the direction.
(3)
It is a defence if a person charged with failing
to comply with a direction given or applicable to the person under this Part
or under the regulations or a defendant in an action under subsection (2)
proves that he or she took all reasonable steps to comply with the
direction.
s 102: Am 1986 No 59,
Sch 7 (9).
103Exemption
(1)
Where:
(a)
a permit, lease, licence or pipeline licence is,
under this Part, to be deemed to continue in force until the Minister grants,
or refuses to grant, the renewal of the permit, lease, licence or pipeline
licence,
(b)
a licence is varied under section
46,
(c)
a licensee enters into an agreement under section
60, or a direction is given to a licensee under that
section,
(d)
a permit, lease or licence is partly cancelled,
partly determined or surrendered as to 1 or more but not all of the blocks in
respect of which it is in force,
(e)
a pipeline licence is varied under section 72 or
73,
(f)
a direction is given to a pipeline licensee under
section 74,
(g)
a pipeline licence is partly
cancelled,
(h)
an access authority is granted in respect of a
block the subject of a permit, lease or licence, or an access authority as in
force in respect of such a block is varied,
(i)
a permittee, lessee, licensee, pipeline licensee
or the holder of a special prospecting authority or access authority applies,
by instrument in writing served on the Minister:
(i)
for a variation or suspension of,
or
(ii)
for exemption from compliance
with,
any of the conditions to which the permit, lease,
licence, pipeline licence, special prospecting authority or access authority
is subject, or
(j)
the Minister, under this Part or the regulations,
gives a direction or consent to a permittee, lessee, licensee, pipeline
licensee or the holder of a special prospecting authority or access
authority,
the Minister may, at any time, by instrument in writing
served on the permittee, lessee, licensee, pipeline licensee or holder of the
special prospecting authority or access authority:
(k)
vary or suspend, or
(l)
exempt the permittee, lessee, licensee, pipeline
licensee or holder of the special prospecting authority or access authority
from compliance with,
any of the conditions to which the permit, lease,
licence, pipeline licence, special prospecting authority or access authority
is subject, upon such conditions, if any, as the Minister determines and
specifies in the instrument.
(2)
Subsection (1) does not authorize the making of
an instrument to the extent that it would affect the term of a permit, lease,
licence or pipeline licence.
(3)
Where, in pursuance of subsection (1), the
Minister suspends, or exempts the permittee or lessee from compliance with,
any of the conditions to which a permit or lease is subject, the Minister may,
if the Minister considers that circumstances make it reasonable to do so, in
the instrument of suspension or exemption or by a later instrument in writing
served on the permittee or lessee, extend the term of the permit or lease by a
period not exceeding the period of suspension or
exemption.
s 103: Am 1986 No 59,
Sch 7 (10).
104Suspension of rights conferred by permit or
lease
(1)
Where the Minister is satisfied that it is
necessary to do so in the public interest, the Minister shall, by instrument
in writing served on the permittee or lessee, suspend, either for a specified
period or indefinitely, all or any of the rights conferred by a permit or
lease.
(2)
Where any rights are suspended in accordance with
subsection (1), any conditions required to be complied with in the exercise of
those rights are also suspended.
(3)
The Minister may, by instrument in writing served
on the permittee or lessee, terminate a suspension of rights under subsection
(1).
(4)
Where rights conferred by a permit or lease are
suspended in accordance with subsection (1), the Minister may, by the
instrument of suspension or by a later instrument in writing served on the
permittee or lessee, extend the term of the permit or lease by a period not
exceeding the period of the suspension.
s 104: Am 1986 No 59,
Sch 7 (11).
105Surrender of permits etc
(1)
The registered holder of an instrument, being a
permit, lease, licence or pipeline licence, may, at any time, by application
in writing served on the Minister, apply for consent to surrender the
instrument:
(a)
in the case of a permit or licence—as to
all or some of the blocks in respect of which it is in
force,
(aa)
in the case of a lease—as to all of the
blocks in respect of which it is in force, or
(b)
in the case of a pipeline licence—as to the
whole or a part of the pipeline in respect of which it is in
force.
(2)
Subject to subsection (3), the Minister shall not
give consent to a surrender of an instrument under subsection (1) unless the
registered holder:
(a)
has paid all fees and amounts payable by the
holder under this Act or has made arrangements that are satisfactory to the
Minister for the payment of those fees and amounts,
(b)
has complied with the conditions to which the
instrument is subject and with the provisions of this Part and of the
regulations,
(c)
has, to the satisfaction of the Minister, removed
or caused to be removed from the area to which the surrender relates all
property brought into that area by any person engaged or concerned in the
operations authorized by the instrument, or has made arrangements that are
satisfactory to the Minister with respect to that
property,
(d)
has, to the satisfaction of the Minister, plugged
or closed off all wells made in that area by any person engaged or concerned
in the operations authorized by the instrument,
(e)
subject to this Part and to the regulations, has
made provision, to the satisfaction of the Minister, for the conservation and
protection of the natural resources in that area, and
(f)
has, to the satisfaction of the Minister, made
good any damage to the sea-bed or subsoil in that area caused by any person
engaged or concerned in the operations authorized by the
instrument,
but, if the registered holder has complied with those
requirements, the Minister shall not unreasonably refuse to consent to the
surrender.
(3)
Where the registered holder of an instrument,
being a permit, lease, licence or pipeline licence, has not complied with the
conditions to which the instrument is subject and with the provisions of this
Part and of the regulations, the Minister may give consent to a surrender of
the instrument under subsection (1) if satisfied that, although the registered
holder has not so complied, special circumstances exist that justify the
giving of consent to the surrender.
(4)
Where the Minister consents to an application
under subsection (1), the applicant may, by instrument in writing served on
the Minister, surrender the instrument accordingly.
(5)
In this section, the area to which the
surrender relates means:
(a)
in relation to a surrender of a permit, lease or
licence—the area constituted by the blocks as to which the permit, lease
or licence is proposed to be surrendered, and
(b)
in relation to a surrender of a pipeline
licence—the part of the adjacent area in which the pipeline, or the part
of the pipeline, as to which the pipeline licence is proposed to be
surrendered is constructed.
s 105: Am 1986 No 59,
Sch 7 (12).
106Cancellation of permits etc
(1)
Where a permittee, lessee, licensee or pipeline
licensee:
(a)
has not complied with a condition to which the
permit, lease, licence or pipeline licence is subject,
(b)
has not complied with a direction given to him or
her under this Part by the Minister,
(c)
has not complied with a provision of this Part or
of the regulations, or
(d)
has not paid any amount payable by him or her
under this Act within a period of 3 months after the day on which the amount
became payable,
the Minister may, on that ground, by instrument in
writing served on the permittee, lessee, licensee or pipeline licensee, as the
case may be:
(e)
in the case of a permit or licence—cancel
the permit or licence as to all or some of the blocks in respect of which it
is in force,
(ea)
in the case of a lease—cancel the lease as
to all of the blocks in respect of which it is in force,
or
(f)
in the case of a pipeline licence—cancel
the pipeline licence as to the whole or a part of the pipeline in respect of
which it is in force.
(2)
The Minister shall not, under subsection (1),
cancel a permit, licence or pipeline licence as to all or some of the blocks,
or as to the whole or a part of the pipeline, in respect of which it is in
force, or cancel a lease as to all of the blocks in respect of which it is in
force, on a ground referred to in that subsection unless:
(a)
the Minister has, by instrument in writing served
on the permittee, lessee, licensee or pipeline licensee, as the case may be,
given not less than 1 month’s notice of the Minister’s intention
so to cancel the permit, lease, licence or pipeline licence on that
ground,
(b)
the Minister has served a copy of the instrument
on such other persons, if any, as the Minister thinks fit,
(c)
the Minister has, in the instrument, specified a
date on or before which the permittee, lessee, licensee or pipeline licensee
or a person on whom a copy of the instrument is served may, by instrument in
writing served on the Minister, submit any matters that the permittee, lessee,
licensee or pipeline licensee or the person wishes the Minister to consider,
and
(d)
the Minister has taken into account:
(i)
any action taken by the permittee, lessee,
licensee or pipeline licensee, as the case may be, to remove that ground or to
prevent the recurrence of similar grounds, and
(ii)
any matters so submitted to the Minister on or
before the specified date by the permittee, lessee, licensee or pipeline
licensee or by a person on whom a copy of the firstmentioned instrument has
been served.
s 106: Am 1986 No 59,
Sch 7 (13).
107Cancellation of permit etc not affected by other
provisions
(1)
A permit, licence or pipeline licence may be
wholly cancelled or partly cancelled, and a lease may be wholly cancelled, on
the ground that the registered holder of the permit, lease, licence or
pipeline licence has not complied with a provision of this Part or of the
regulations notwithstanding that the registered holder has been convicted of
an offence by reason of the failure to comply with the
provision.
(2)
A person who was the registered holder of a
permit, lease, licence or pipeline licence that has been wholly cancelled, or
is the registered holder of a permit, licence or pipeline licence that has
been partly cancelled, on the ground that he has not complied with a provision
of this Part or of the regulations may be convicted of an offence by reason of
the failure to comply with the provision, notwithstanding that the permit,
lease, licence or pipeline licence has been so
cancelled.
(3)
A permit, licence or pipeline licence may be
wholly cancelled or partly cancelled, and a lease may be wholly cancelled, on
the ground that the registered holder of the permit, lease, licence or
pipeline licence has not paid an amount payable by the holder under this Act
within a period of 3 months after the day on which the amount became payable,
notwithstanding that judgment for the amount has been obtained or that the
amount, or any part of the amount, has been paid or
recovered.
(4)
A person who was the registered holder of a
permit, lease, licence or pipeline licence that has been wholly cancelled, or
is the registered holder of a permit, licence or pipeline licence that has
been partly cancelled, on the ground that he has not paid an amount payable by
the holder under this Act within a period of 3 months after the day on which
the amount became payable continues to be liable to pay that amount, together
with any additional amount payable by reason of late payment of that amount,
notwithstanding that the permit, lease, licence or pipeline licence has been
so cancelled.
s 107: Am 1986 No 59,
Sch 7 (14).
108Removal of property etc by permittee
etc
(1)
Where a permit, licence or pipeline licence has
been wholly determined, partly determined, wholly cancelled or partly
cancelled or has expired, or a lease has been wholly determined, partly
determined or wholly cancelled or has expired, the Minister may, by instrument
in writing served on the person who was, or is, as the case may be, the
permittee, lessee, licensee or pipeline licensee, direct that person to do any
1 or more of the following things:
(a)
to remove or cause to be removed from the
relinquished area all property brought into that area by any person engaged or
concerned in the operations authorized by the permit, lease, licence or
pipeline licence or to make arrangements that are satisfactory to the Minister
with respect to that property,
(b)
to plug or close off, to the satisfaction of the
Minister, all wells made in that area by any person engaged or concerned in
those operations,
(c)
subject to this Part and to the regulations, to
make provision, to the satisfaction of the Minister, for the conservation and
protection of the natural resources in that area,
(d)
to make good, to the satisfaction of the
Minister, any damage to the sea-bed or subsoil in that area caused by any
person engaged or concerned in those operations.
(2)
The Minister may, by instrument in writing served
on a permittee, lessee, licensee or pipeline licensee, direct the person to do
any 1 or more of the following things:
(a)
to remove or cause to be removed from the permit
area, lease area, licence area or part of the adjacent area in which the
pipeline is constructed, as the case may be, all property brought into that
area or part by any person engaged or concerned in the operations authorized
by the permit, lease, licence or pipeline licence or to make arrangements that
are satisfactory to the Minister with respect to that
property,
(b)
to plug or close off, to the satisfaction of the
Minister, all wells made in that area or part by any person engaged or
concerned in those operations,
(c)
subject to this Part and to the regulations, to
make provision, to the satisfaction of the Minister, for the conservation and
protection of the natural resources in that area or part,
(d)
to make good, to the satisfaction of the
Minister, any damage to the sea-bed or subsoil in that area or part caused by
any person engaged or concerned in those
operations.
(3)
A person to whom a direction is given under
either subsection (1) or (2) shall comply with the direction:
(a)
in the case of a direction given under subsection
(1)—within the period specified in the instrument by which the direction
was given, or
(b)
in the case of a direction given under subsection
(2)—on or before the date of expiration of the permit, lease, licence or
pipeline licence concerned.
Maximum penalty: 100 penalty
units.
s 108: Am 1986 No 59,
Sch 7 (15); 1992 No 112, Sch 1.
109Removal of property etc by Minister
Where a permit, licence or pipeline licence has
been wholly determined, partly determined, wholly cancelled or partly
cancelled or has expired, or a lease has been wholly determined, partly
determined or wholly cancelled or has expired, and a direction under section
108 has not been complied with, or an arrangement under that section has not
been carried out, in relation to the relinquished area:
(a)
the Minister may do all or any of the things
required by the direction or arrangement to be done, and
(b)
if any property brought into that area by any
person engaged or concerned in the operations authorized by the permit, lease,
licence or pipeline licence has not been removed in accordance with the
direction or arrangement, the Minister may, by instrument published in the
Gazette, direct that the owner or owners of that property shall remove it from
that area, or dispose of it to the satisfaction of the Minister, within the
period specified in the instrument and shall serve a copy of the instrument on
each person whom the Minister believes to be an owner of that property or any
part of that property.
s 109: Am 1986 No 59,
Sch 7 (16).
110Payment by instalments
(1)
The Minister and a person who may request, or has
requested, that a permit under section 28, or a licence under section 51, be
granted to the person may enter into an agreement in writing for or in
relation to the payment, by instalments, of the amount to be paid in respect
of the grant of the permit or licence, together with interest at the rate that
is the specified rate from time to time on so much of that amount as from time
to time remains unpaid.
(2)
For the purposes of subsection (1), the specified
rate is 10 per cent per annum or, if a lower rate is prescribed, that lower
rate.
(3)
The period specified in an agreement under this
section as the period within which an amount payable by instalments is to be
paid shall not be greater than 21 years.
(4)
Where a person enters into an agreement under
this section for or in relation to the payment of an amount in respect of the
grant of a permit or licence, any instalment or interest that is due under the
agreement and has not been paid is payable by the registered holder of the
permit or licence, as the case may be.
111Penalty for late payments of instalments
etc
(1)
Where the liability of a person under section 110
to pay an amount, being an instalment or any interest, is not discharged at or
before the time when the amount is payable, there is payable by that person an
additional amount calculated at the rate of one-third of 1 per cent per day
upon so much of the firstmentioned amount as from time to time remains unpaid,
to be computed from the time when the firstmentioned amount became payable
until it is paid.
(2)
The Minister may, in a particular case, for
reasons that the Minister thinks sufficient, remit the whole or part of an
amount payable under this section.
112Special prospecting authorities
(1)
A person may make an application to the Minister
for the grant of a special prospecting authority in respect of a block or
blocks in respect of which a permit, lease or licence is not in
force.
(2)
An application under this section:
(a)
shall be in accordance with an approved form,
and
(b)
shall be made in an approved manner,
and
(c)
shall specify the operations that the applicant
proposes to carry on and the block or blocks in respect of which the applicant
proposes to carry on those operations, and
(d)
shall be accompanied by the prescribed
fee.
(3)
The Minister:
(a)
may grant to the applicant a special prospecting
authority subject to such conditions as the Minister thinks fit and specifies
in the authority, or
(b)
may refuse to grant the
application.
(4)
A special prospecting authority, while it remains
in force, authorizes the holder, subject to this Act and the regulations and
in accordance with the conditions to which the special prospecting authority
is subject, to carry on in the blocks specified in the special prospecting
authority the petroleum exploration operations so
specified.
(5)
Nothing in a special prospecting authority
authorizes the holder to make a well.
(6)
A special prospecting authority comes into force
on the day specified for the purpose in the authority and, unless surrendered
or cancelled, remains in force for such period, not exceeding 6 months, as is
so specified.
(6A)
A special prospecting authority is not capable of
being transferred.
(6B)
Where:
(a)
a person holds a special prospecting authority in
respect of a block, and
(b)
another special prospecting authority is granted
to another person in respect of the block,
the Minister shall, by notice in writing served on each
of those persons, inform each of them of:
(c)
the petroleum exploration operations authorized
by the special prospecting authority granted to the other person,
and
(d)
the conditions to which the special prospecting
authority granted to the other person is subject.
(7)
A special prospecting authority:
(a)
may be surrendered by the holder at any time by
instrument in writing served on the Minister, and
(b)
may, if the holder has not complied with a
condition to which the authority is subject, be cancelled by the Minister by
instrument in writing served on the holder.
(8)
Where a special prospecting authority has been
surrendered or cancelled or has expired, the Minister may, by instrument in
writing served on the person who was the holder of the special prospecting
authority, direct that person to do any 1 or more of the following
things:
(a)
to remove or cause to be removed from the
relinquished area all property brought into that area by any person engaged or
concerned in the operations authorized by the special prospecting authority or
to make arrangements that are satisfactory to the Minister with respect to
that property,
(b)
subject to this Part and to the regulations, to
make provision, to the satisfaction of the Minister, for the conservation and
protection of the natural resources in that area,
(c)
to make good, to the satisfaction of the
Minister, any damage to the sea-bed or subsoil in that area caused by any
person engaged or concerned in those operations.
(9)
A person to whom a direction is given under
subsection (8) shall comply with the direction.
Maximum penalty: 100 penalty
units.
(10)
Section 109 applies to and in relation to a
special prospecting authority as if:
(a)
a reference in that section to a permit were a
reference to a special prospecting authority, and
(b)
a reference in that section to a direction or an
arrangement under section 108 were a reference to a direction or an
arrangement under subsection (8).
s 112: Am 1985 No
129, Sch 7 (16); 1986 No 59, Sch 7 (17); 1991 No 6, Sch 1 (27); 1992 No 112,
Sch 1.
113Access authorities
(1)
A permittee, lessee or licensee may make an
application to the Minister for the grant of an access authority to enable him
or her to carry on in an area, being part of the adjacent area that is not
part of the permit area, lease area or licence area, petroleum exploration
operations or operations related to the recovery of petroleum in or from the
permit area, lease area or licence area.
(1A)
A holder of an extra-State title may make an
application to the Minister for the grant of an access authority to enable the
holder to carry on, in a part of the adjacent area, petroleum exploration
operations or operations related to the recovery of petroleum in or from the
area to which that extra-State title relates.
(1B)
The holder of a special prospecting authority may
make an application to the Minister for the grant of an access authority to
enable the applicant to carry on petroleum exploration operations in an area,
being part of the adjacent area not included in any block that is the subject
of the special prospecting authority.
(1C)
The holder of a permit, lease, licence or special
prospecting authority may make an application to the Minister for the grant of
an access authority to enable the applicant to carry on, in a block or blocks
within an adjoining adjacent area:
(a)
petroleum exploration operations,
or
(b)
where the applicant is the holder of a permit,
lease or licence, operations related to the recovery of petroleum in or from
any block within the New South Wales adjacent area that is the subject of the
permit, lease or licence.
(2)
An application under this section:
(a)
shall be in accordance with an approved
form,
(b)
shall be made in an approved
manner,
(c)
shall specify the operations that the applicant
proposes to carry on and the area in which the applicant proposes to carry on
those operations, and
(d)
may set out any other matters that the applicant
wishes the Minister to consider.
(3)
The Minister may:
(a)
if the Minister is satisfied that it is necessary
or desirable to do so for the more effective exercise of the rights, or for
the proper performance of the duties, of a permittee, lessee, licensee, holder
of a special prospecting authority or holder of an extra-State title who has
made an application under this section, grant to him or her an access
authority subject to such conditions as the Minister thinks fit and specifies
in the access authority, and
(b)
at any time, by instrument in writing served on
the registered holder of an access authority so granted, vary the access
authority.
(4)
The Minister shall not grant an access authority
on an application under a provision of this section other than subsection (1C)
in respect of a block that is the subject of a permit, lease, licence or
special prospecting authority of which the registered holder is a person other
than the applicant, or vary such an access authority as in force in respect of
a block that is the subject of a permit, lease, licence or special prospecting
authority of which the registered holder is a person other than the registered
holder of the access authority, unless:
(a)
the Minister has, by instrument in writing served
on that person, given not less than 1 month’s notice of the
Minister’s intention to grant, or vary, as the case may be, the access
authority,
(b)
the Minister has served a copy of the
instrument:
(i)
on such other persons, if any, as he thinks fit,
and
(ii)
in a case where he intends to vary an access
authority—on the registered holder of the access
authority,
(c)
the Minister has, in the instrument:
(i)
given particulars of the access authority
proposed to be granted, or of the variation proposed to be made, as the case
may be, and
(ii)
specified a date on or before which a person on
whom the instrument, or a copy of the instrument, is served may, by instrument
in writing served on the Minister, submit any matters that the Minister wishes
the Minister to consider, and
(d)
the Minister has taken into account any matters
so submitted to the Minister on or before the specified date by a person on
whom the firstmentioned instrument, or a copy of that instrument, has been
served.
(4A)
The Minister shall not grant or vary an access
authority on an application under subsection (1C) without the approval of the
Designated Authority for the adjoining adjacent area within which the block or
blocks to be specified in the access authority are
situated.
(4B)
Where the approval of the Minister is sought in
respect of:
(a)
an application under a corresponding law for the
grant of an access authority in respect of a block within the New South Wales
adjacent area that is the subject of a permit, lease, licence or special
prospecting authority of which the registered holder is a person other than
the applicant, or
(b)
a proposal to vary an access authority granted on
an application under a corresponding law, in respect of a block within the New
South Wales adjacent area that is the subject of a permit, lease, licence or
special prospecting authority of which the registered holder is a person other
than the registered holder of the access authority,
the Minister shall not approve the grant or the
variation unless:
(c)
the Minister has, by instrument in writing served
on that person, given not less than 1 month’s notice of the intention to
grant, or vary, as the case may be, the access authority,
and
(d)
a copy of the instrument has been served:
(i)
on such other persons, if any, as the Minister
thinks fit, and
(ii)
where it is proposed to vary an access
authority—on the registered holder of the access authority,
and
(e)
the instrument gives:
(i)
particulars of the access authority that it is
proposed to grant or vary, as the case may be, and
(ii)
notice that a person on whom the instrument, or a
copy of the instrument, has been served may, by instrument in writing served
on the Minister on or before the date specified in the instrument, submit any
matters that the person wishes the Minister to consider,
and
(f)
the Minister has taken into account any matters
submitted in accordance with the notice referred to in paragraph (e)
(ii).
(5)
An access authority, while it remains in force,
authorizes the holder, subject to this Act and the regulations and in
accordance with the conditions to which the access authority is subject, to
carry on, in the area specified in the access authority, the operations so
specified.
(6)
Nothing in an access authority authorizes the
holder to make a well.
(7)
An access authority comes into force on the day
specified for the purpose in the access authority and, unless surrendered or
cancelled, remains in force for such period as is so specified but may be
extended by the Minister for a further period.
(8)
An access authority:
(a)
may be surrendered by the holder at any time by
instrument in writing served on the Minister, and
(b)
may be cancelled by the Minister at any time by
instrument in writing served on the holder and on any person in whose permit
area, lease area or licence area operations may be carried on in pursuance of
the access authority.
(9)
Where an access authority has been surrendered or
cancelled or has expired, the Minister may, by instrument in writing served on
the person who was the holder of the access authority, direct that person to
do any 1 or more of the following things:
(a)
to remove or cause to be removed from the
relinquished area all property brought into that area by any person engaged or
concerned in the operations authorized by the access authority or to make
arrangements that are satisfactory to the Minister with respect to that
property,
(b)
subject to this Part and to the regulations, to
make provision, to the satisfaction of the Minister, for the conservation and
protection of the natural resources in that area,
(c)
to make good, to the satisfaction of the
Minister, any damage to the sea-bed or subsoil in that area caused by any
person engaged or concerned in those operations.
(10)
A person to whom a direction is given under
subsection (9) shall comply with the direction.
Maximum penalty: 100 penalty
units.
(11)
The holder of an access authority shall, if the
access authority is in force in respect of an area that consists of, or
includes, a block that is the subject of a permit, lease or licence of which
he or she is not the registered holder, furnish to the registered holder of
that permit, lease or licence, within 28 days after the end of each month
during which the access authority is in force in respect of that block, a full
report, in writing, of the operations carried on in that block during that
month and a summary of the facts ascertained from those
operations.
Maximum penalty: 50 penalty
units.
(12)
Section 109 applies to and in relation to an
access authority as if:
(a)
a reference in that section to a permit were a
reference to an access authority, and
(b)
a reference in that section to a direction or an
arrangement under section 108 were a reference to a direction or an
arrangement under subsection (9).
(13)
In this section:
adjoining adjacent
area means an adjacent area (within the meaning of a
corresponding law) that adjoins the New South Wales adjacent
area.
Designated
Authority, in relation to an adjoining adjacent area, means
the Minister of State administering the corresponding law in respect of the
adjoining adjacent area.
means an authority, however described, granted under a corresponding law in
respect of the exploration for, or the recovery of,
petroleum.
s 113: Am 1985 No
129, Sch 7 (17); 1986 No 59, Sch 7 (18); 1991 No 6, Sch 1 (28); 1991 No 85,
Sch 2 (4); 1992 No 112, Sch 1.
114Sale of property
(1)
Where a direction under section 109 has not been
complied with in relation to any property, the Minister may do all or any of
the following things:
(a)
remove, in such manner as the Minister thinks
fit, all or any of that property from the relinquished area
concerned,
(b)
dispose of, in such manner as the Minister thinks
fit, all or any of that property,
(c)
if the Minister has served a copy of the
instrument by which the direction was given on a person whom the Minister
believed to be an owner of that property or part of that property, sell, by
public auction or otherwise, as the Minister thinks fit, all or any part of
that property that belongs, or that the Minister believes to belong, to that
person.
(2)
The Minister may deduct from the proceeds of a
sale under subsection (1) of property that belongs, or that the Minister
believes to belong, to a particular person:
(a)
all or any part of any costs and expenses
incurred by the Minister under that subsection in relation to that
property,
(b)
all or any part of any costs and expenses
incurred by the Minister in relation to the doing of any thing required by a
direction under section 108, 112 or 113, as the case may be, to be done by
that person, and
(c)
all or any part of any fees or amounts due and
payable under this Act by that person.
(3)
Costs and expenses incurred by the Minister under
subsection (1):
(a)
if incurred in relation to the removal, disposal
or sale of property, are a debt due by the owner of the property to the Crown,
or
(b)
if incurred in relation to the doing of any thing
required by a direction under section 108, 112 or 113, as the case may be, to
be done by a person who is or was a permittee, lessee, licensee, pipeline
licensee or holder of a special prospecting authority or access authority, are
a debt due by that person to the Crown,
and, to the extent to which they are not recovered under
subsection (2), are recoverable in a court of competent
jurisdiction.
(4)
Subject to subsection (3), no action lies in
respect of the removal, disposal or sale of property under this
section.
s 114: Am 1986 No 59,
Sch 7 (19).
115
s 115: Am 1986 No 59,
Sch 7 (20); 1991 No 6, Sch 1 (29). Rep 1991 No 85, Sch 2
(22).
116Minister etc may require information to be furnished
etc
(1)
Where the Minister or an inspector has reason to
believe that a person is capable of giving information or producing documents
relating to petroleum exploration operations, operations for the recovery of
petroleum or operations connected with the construction or operation of a
pipeline in the adjacent area, the Minister or inspector may, by instrument in
writing served on that person, require that person:
(a)
to furnish to the Minister or inspector in
writing, within the period and in the manner specified in the instrument, any
such information, or
(b)
to attend before the Minister or inspector or a
person specified in the instrument, at such time and place as is so specified,
and there to answer questions relating to those operations and to produce such
documents relating to those operations as are so
specified.
(2)
A person is not excused from furnishing
information, answering a question or producing a document when required to do
so under this section on the ground that the information so furnished, the
answer to the question or the production of the document might tend to
incriminate him or her or make him or her liable to a penalty, but the
information so furnished or the person’s answer to the question is not
admissible in evidence against him or her in proceedings other than
proceedings for an offence against section 118.
117Power to examine on oath
(1)
The Minister or an inspector may administer an
oath to a person required to attend before the Minister or inspector in
pursuance of section 116 and may examine that person on
oath.
(2)
Where a person attending before the Minister or
an inspector in pursuance of section 116 conscientiously objects to take an
oath, the person may make an affirmation that the person conscientiously
objects to take an oath and that the person will state the truth, the whole
truth and nothing but the truth to all questions asked
him.
(3)
An affirmation made under subsection (2) is of
the same force and effect, and entails the same penalties, as an
oath.
118Failing to furnish information etc
A person shall not:
(a)
refuse or fail to comply with the requirement in
an instrument under section 116 to the extent to which the person is capable
of complying with it,
(b)
in purported compliance with such a requirement,
knowingly furnish information that is false or misleading in a material
particular, or
(c)
when attending before the Minister or an
inspector in pursuance of such a requirement, knowingly make a statement or
produce a document that is false or misleading in a material
particular.
Maximum penalty: 100 penalty
units.
s 118: Am 1992 No
112, Sch 1.
119Release of information
(1)
The Minister may, at any time, make available to
another Minister or to a Minister of State of the Commonwealth or another
State:
(a)
any information contained in a document to which
this section applies that has been furnished to the Minister,
and
(b)
any cores or cuttings from, or samples of, the
sea-bed or subsoil in a block, or samples of petroleum recovered in a block,
that have been furnished to the Minister.
(1A)
The Minister or another Minister may, at any time
after the grant or renewal, or refusal to grant or renew, a permit, lease,
licence, pipeline licence, access authority or special prospecting
authority:
(a)
make publicly known, or
(b)
on request by a person and, if the Minister or
the other Minister so requires, on payment of a fee calculated in accordance
with the regulations, make available to that
person,
any information contained in, or accompanying, the
application for the grant or renewal, as the case may be, but not
including:
(c)
information of a kind referred to in subsection
(2) or (5A), or
(d)
particulars of:
(i)
the technical qualifications of the applicant and
of the employees of the applicant,
(ii)
the technical advice available to the applicant,
or
(iii)
the financial resources available to the
applicant.
(2)
The Minister or another Minister may, at any time
after the relevant day:
(a)
make publicly known, or
(b)
on request by a person and, if the Minister or
the other Minister so requires, on payment of a fee calculated in accordance
with the regulations, make available to that
person,
any information contained in a document to which this
section applies that has been furnished to the Minister or has been made
available to the other Minister under subsection (1), being information that
relates to the sea-bed or subsoil, or to petroleum, in a block, but not
including any matter contained in a document to which this section applies
that, in the opinion of the Minister or the other Minister, is a conclusion
drawn, in whole or in part, from, or an opinion based, in whole or in part,
on, any such information.
(3)
The Minister or another Minister may, at any time
after the relevant day:
(a)
make publicly known any particulars of,
or
(b)
on request by a person and, if the Minister or
the other Minister so requires, on payment of a fee calculated in accordance
with the regulations, permit that person to
inspect,
any cores or cuttings from, or samples of, the sea-bed
or subsoil in a block, or samples of petroleum recovered in a block, that have
been furnished to the Minister or have been made available to the other
Minister under subsection (1).
(4)
For the purposes of subsections (2) and
(3):
(a)
where:
(i)
a permit or lease is in force in respect of the
block, and
(ii)
the document, core, cutting or sample was
furnished to the Minister during the period during which any of the following
were in force in respect of the block:
(A)
the permit or lease,
(B)
in a case where a lease is in force in respect of
the block—the permit that ceased to be in force in respect of the block
by virtue of section 39B (7) on the day on which the lease came into
force,
the relevant day is the day on which the period of 2
years that commenced on the day on which the document, core, cutting or sample
was furnished to the Minister expires, and
(b)
where:
(i)
a licence is in force in respect of the block,
and
(ii)
the document, core, cutting or sample was
furnished to the Minister during the period during which any of the following
were in force in respect of the block:
(A)
the licence,
(B)
the permit or lease that ceased to be in force in
respect of the block by virtue of section 45 (5) on the day on which the
licence came into force,
the relevant day is the day on which the period of 12
months that commenced on the day on which the document, core, cutting or
sample was furnished to the Minister expires,
(c)
where the document, core, cutting or sample was
furnished to the Minister during a period during which a permit, lease or
licence was in force in respect of the block and:
(i)
the permit, lease or licence is surrendered,
cancelled or determined as to the block, or
(ii)
the permit, lease or licence expires but is not
renewed in respect of the block,
the relevant day is the day on which the permit, lease
or licence is so surrendered, cancelled or determined or expires, as the case
may be, whether another permit, lease or licence is subsequently in force in
respect of the block or not, and
(d)
where:
(i)
the document, core, cutting or sample was
furnished to the Minister at a time when a permit, lease or licence was not in
force in respect of the block, and
(ii)
the information in the document or the core,
cutting or sample was collected for the purpose of the sale of information on
a non-exclusive basis,
the relevant day is the day determined by the Minister,
being a day not more than 5 years after the day on which the document, core,
cutting or sample was furnished to the Minister, and
(e)
where:
(i)
the document, core, cutting or sample was
furnished to the Minister at a time when a permit, lease or licence was not in
force in respect of the block, and
(ii)
paragraph (d) (ii) does not
apply,
the relevant day is the day determined by the Minister,
being a day not more than 2 years after the day on which the document, core,
cutting or sample was furnished to the Minister.
(5)
Where:
(a)
a document, core, cutting or sample referred to
in subsection (1) was furnished to the Minister:
(i)
during or in respect of a period during which a
permit, lease or licence was in force in respect of the block,
or
(ii)
during or in respect of a period during which a
special prospecting authority or access authority was in force in respect of
the block but during which a permit, lease or licence was not in force in
respect of the block, and
(b)
the permittee, lessee, licensee or holder of the
special prospecting authority or access authority or, if the permit, lease,
licence, special prospecting authority or access authority has ceased to be in
force, the person who was the holder of the permit, lease, licence, special
prospecting authority or access authority:
(i)
has made publicly known any information contained
in the document or has consented in writing to any of that information being
made publicly known, or
(ii)
has made publicly known any particulars of that
core, cutting or sample or has consented in writing to any particulars of that
core, cutting or sample being made publicly known or to that core, cutting or
sample being made available for inspection,
the Minister or another Minister to whom that
information, core, cutting or sample has been made available under subsection
(1) may, at any time after that information has, or those particulars have,
been made publicly known or after that consent has been given:
(c)
make publicly known that information or, on
request by another person and, if the Minister or the other Minister so
requires, on payment of a fee calculated in accordance with the regulations,
make that information available to that other person, or
(d)
make publicly known those particulars or, on
request by any other person and, if the Minister or the other Minister so
requires, on payment of a fee calculated in accordance with the regulations,
permit that other person to inspect that core, cutting or
sample,
as the case may be.
(5A)
Subject to subsection (5F), the Minister or
another Minister may, at any time after the end of the period of 5 years after
a document to which this section applies was furnished to the Minister:
(a)
make publicly known, or
(b)
on request by a person and, if the Minister or
the other Minister so requires, on payment of a fee calculated in accordance
with the regulations, make available to that
person,
any information contained in the document, being
information that relates to the sea-bed or subsoil, or to petroleum, in a
block, and that, in the opinion of the Minister or the other Minister, is a
conclusion drawn, in whole or in part, from, or an opinion based, in whole or
in part, on any information contained in a document to which this section
applies that has been furnished to the Minister or has been made available to
the other Minister under subsection (1).
(5B)
Before the Minister or the other Minister makes
available or publicly known any information pursuant to subsection (5A), the
Minister or the other Minister, as the case may be, shall:
(a)
cause to be published in the Gazette a
notice:
(i)
stating that the Minister or the other Minister,
as the case may be, proposes to make the information available or publicly
known,
(ii)
inviting interested persons to give to the
Minister or the other Minister, as the case may be, by such day as is
specified in the notice, being a day not earlier than 45 days after the
publication of the notice, a notice objecting to the whole or any part of the
information being made available or publicly known, and
(iii)
stating that, if a person does not make an
objection in accordance with the invitation, the person will be taken to have
consented to the information being made available or publicly known,
and
(b)
if it is practicable to do so—cause a copy
of the notice so published in the Gazette to be served on the person who
furnished the document containing the information.
(5C)
There shall be set out in the notice of objection
the reasons for making the objection.
(5D)
A person is not entitled to make an objection to
information being made available or publicly known except on the grounds that
to do so would disclose:
(a)
a trade secret, or
(b)
any other information the disclosure of which
would, or could reasonably be expected to, adversely affect the person in
respect of the lawful business, commercial or financial affairs of the
person.
(5E)
Where a person makes an objection to the Minister
or the other Minister in accordance with such an invitation, the Minister or
the other Minister shall, within 45 days after the receipt of the notice of
objection, consider the objection, and may either disallow it, or allow it in
whole or in part, and shall cause to be served on the person written notice of
the decision on the objection.
(5F)
The Minister or the other Minister shall not make
available or make publicly known any information pursuant to subsection (5A)
if there is in force an objection made in relation to the information being
made available or publicly known but, where such an objection is in force,
nothing in this section shall be taken to preclude a further invitation under
subsection (5B) being made in relation to the
information.
(6)
Except as provided by the preceding provisions of
this section or for the purposes of the administration of this Act and the
regulations, the Minister or another Minister to whom any information, core,
cutting or sample has been made available under subsection (1) shall
not:
(a)
make publicly known, or make available to any
person (not being a Minister or a Minister of State of the Commonwealth or
another State), any information contained in a document to which this section
applies, or
(b)
make publicly known any particulars of, or permit
any person (not being a Minister referred to in paragraph (a)) to inspect, any
core, cutting or sample so referred to.
(6A)
This section applies to the following
documents:
(a)
an application made to the Minister under this
Act or a document accompanying such an application,
(b)
a report, return or other document relating to a
block that has been furnished to the Minister under this
Act.
(6B)
A reference in this section to a return or other
document furnished to the Minister under this Act includes a reference to a
return or other document relating to royalty under this Act that is obtained
by the Minister, or a delegate of the Minister, from a tax officer (within the
meaning of the Taxation Administration Act
1996).
(7)
In this section, a reference to a core, cutting
or sample includes a reference to a portion of a core, cutting or
sample.
(8)
For the purposes of this section:
(a)
cores and cuttings, and well data logs, sample
descriptions and other documents, relating to the drilling of a well, shall be
deemed to have been furnished to the Minister not later than 1 month after the
drilling of the well was, in the opinion of the Minister, substantially
completed, and
(b)
geophysical or geochemical data relating to
geophysical or geochemical surveys shall be deemed to have been furnished to
the Minister not later than 1 year after the geophysical or geochemical field
work was, in the opinion of the Minister, substantially
completed.
(8A)
Subsections (2) and (5A) apply to information
contained in a document to which this section applies that was furnished to
the Minister before or after 1 July 1986.
(8B)
Subsection (3) applies to cores, cuttings and
samples furnished to the Minister before or after 1 July
1986.
(9)
In this section, a reference to a Minister of
State of another State includes a reference to a Minister of State of the
Northern Territory.
s 119: Am 1985 No
129, Sch 1 (18); 1986 No 59, Sch 7 (21); 1991 No 6, Sch 1 (30); 1991 No 85,
Schs 1 (13), 2 (5); 2014 No 37, Sch 4.5 [2].
120Safety zones
(1)
For the purpose of protecting a well or
structure, or any equipment, in the adjacent area, the Minister may, by
instrument published in the Gazette, prohibit:
(a)
all vessels,
(b)
all vessels other than specified vessels,
or
(c)
all vessels other than the vessels included in
specified classes of vessels,
from entering or remaining in a specified area (in this
section called a safety zone) surrounding
the well, structure or equipment without the consent in writing of the
Minister.
(2)
A safety zone specified in an instrument under
subsection (1) may extend to a distance of 500 metres around the well,
structure or equipment specified in the instrument measured from each point of
the outer edge of the well, structure or equipment.
(3)
Where a vessel enters or remains in a safety zone
specified in an instrument under subsection (1) in contravention of the
instrument, the owner and the person in command or in charge of the vessel are
each guilty of an offence against this section and are punishable, upon
conviction, by a penalty not exceeding 1,000 penalty units or imprisonment for
10 years, or both.
s 120: Am 1992 No
112, Sch 1.
121Discovery and use of water
Where water is discovered in a permit area, a
lease area or a licence area, the permittee, lessee or licensee, as the case
may be, shall, within a period of 1 month after the date of the discovery,
furnish to the Minister, in writing, particulars of the
discovery.
Maximum penalty: 100 penalty
units.
s 121: Am 1986 No 59,
Sch 7 (22); 1992 No 112, Sch 1.
122Survey of wells etc
(1)
The Minister may, at any time, by instrument in
writing served on a permittee, lessee or licensee, direct the permittee,
lessee or licensee:
(a)
to carry out a survey of the position of the
well, structure or equipment specified in the instrument,
and
(b)
to furnish to the Minister a report in writing of
the survey.
(2)
Where the Minister is not satisfied with a report
of a survey furnished to the Minister under subsection (1) by a permittee,
lessee or licensee, the Minister may, by instrument in writing served on the
permittee, lessee or licensee, direct the permittee, lessee or licensee to
furnish further information in writing in connexion with the
survey.
(3)
A person to whom a direction is given under
either subsection (1) or (2) shall comply with the direction.
Maximum penalty: 100 penalty
units.
s 122: Am 1986 No 59,
Sch 7 (23); 1992 No 112, Sch 1.
123Records etc to be kept
(1)
The Minister may, by instrument in writing served
on a person carrying on operations in the adjacent area under a permit, lease,
licence, pipeline licence, special prospecting authority, access authority or
instrument of consent under section 124, direct that person to do any 1 or
more of the following things:
(a)
to keep such accounts, records and other
documents in connexion with those operations as are specified in the
instrument,
(b)
to collect and retain such cores, cuttings and
samples in connexion with those operations as are so
specified,
(c)
to furnish to the Minister, or to such person as
is so specified, in the manner so specified, such reports, returns, other
documents, cores, cuttings and samples in connexion with those operations as
are so specified.
(2)
A person to whom a direction is given under
subsection (1) shall comply with the direction.
Maximum penalty: 100 penalty
units.
s 123: Am 1986 No 59,
Sch 7 (24); 1992 No 112, Sch 1.
124Scientific investigations
(1)
The Minister may, by instrument in writing,
consent to the carrying on in the adjacent area by any person of petroleum
exploration operations in the course of a scientific
investigation.
(2)
An instrument of consent under subsection (1) may
be made subject to such conditions, if any, as are specified in the
instrument.
(3)
An instrument of consent in force under
subsection (1) authorizes the person specified in the instrument, subject to
section 125 and in accordance with the conditions, if any, to which the
instrument is subject, to carry on, in the adjacent area, petroleum
exploration operations so specified in the course of the scientific
investigation so specified.
125Interference with other rights
A person carrying on operations in the adjacent
area under a permit, lease, licence, pipeline licence, special prospecting
authority, access authority or instrument of consent under section 124 shall
carry on those operations in a manner that does not interfere with:
(a)
navigation,
(b)
fishing,
(c)
the conservation of the resources of the sea and
sea-bed, or
(d)
any operations of another person being lawfully
carried on by way of exploration for, recovery of or conveyance of a mineral,
whether petroleum or not, or by way of construction or operation of a
pipeline,
to a greater extent than is necessary for the reasonable
exercise of the rights and performance of the duties of that firstmentioned
person.
Maximum penalty: 100 penalty
units.
s 125: Am 1986 No 59,
Sch 7 (25); 1992 No 112, Sch 1.
126Inspectors
(1)
The Minister may, by instrument in writing,
appoint a person to be an inspector for the purposes of this Act and the
regulations.
(2)
The Minister may furnish to an inspector a
certificate stating that the inspector is an inspector for the purposes of
this Act and the regulations.
(3)
Where the appointment of a person under this
section expires or is revoked, that person shall forthwith surrender the
certificate furnished to the person under this section to the Minister or, if
the Minister, by instrument in writing served on that person, specifies
another person to whom the certificate is to be surrendered, to that other
person.
Maximum penalty: 5 penalty
units.
s 126: Am 1992 No
112, Sch 1.
127Powers of inspectors
(1)
For the purposes of this Act and the regulations,
an inspector, at all reasonable times and on production of the certificate
furnished to the inspector under section 126:
(a)
shall have access to any part of the adjacent
area and to any structure, ship, aircraft or building in that area that, in
the inspector’s opinion, has been, is being or is to be used in
connexion with petroleum exploration operations, operations for the recovery
of petroleum or operations connected with the construction or operation of a
pipeline in that area,
(b)
may inspect and test any equipment that, in his
opinion, has been, is being or is to be used in that area in connexion with
any of those operations, and
(c)
may enter any structure, ship, aircraft, building
or place in that area or in New South Wales, in which, in his opinion, there
are any documents relating to any of those operations and may inspect, take
extracts from and make copies of any of those
documents.
(2)
A person who is the occupier or person in charge
of any building, structure or place, or is the person in charge of any ship,
aircraft or equipment referred to in subsection (1), shall provide an
inspector with all reasonable facilities and assistance for the effective
exercise of his powers under this section.
(3)
A person shall not, without reasonable excuse,
obstruct or hinder an inspector in the exercise of his powers under this
section.
Maximum penalty: 50 penalty
units.
s 127: Am 1992 No
112, Sch 1.
128Property in petroleum
Subject to this Act, if petroleum is recovered by
a permittee, lessee or licensee in the permit area, lease area or licence
area:
(a)
the petroleum becomes the property of the
permittee, lessee or licensee, and
(b)
it is not subject to any rights of other persons
(other than any person to whom the permittee, lessee or licensee transfers,
assigns or otherwise disposes of the petroleum or an interest in the
petroleum).
s 128: Am 1986 No 59,
Sch 7 (26). Subst 1994 No 45, Sch 1.
129Certain payments to be made by State to
Commonwealth
(1)
The Treasurer shall, not later than the last day
of each month of the year, pay to the Commonwealth amounts ascertained in
accordance with the formula:
where:
A is the amount of royalty
payable under this Act, together with the amount, if any, payable by reason of
late payment of that royalty, by a permittee, lessee or licensee in respect of
petroleum recovered in the adjacent area under the permit, lease or licence
and received by the Minister during the preceding month, and
B is the percentage rate at
which royalty is payable under this Act by the permittee, lessee or licensee
in respect of that petroleum.
(2)
The Consolidated Fund is appropriated to the
extent necessary for the purposes of this section.
s 129: Am 1986 No 59,
Sch 7 (27); GG No 131 of 15.8.1986, p 3967; 2014 No 37, Sch 4.5
[3].
130Determination to be disregarded in certain
cases
Where a determination has been made by the
Minister under section 144 in relation to a well, that determination shall be
disregarded in ascertaining the value of B for the purposes of section
129.
131Continuing offences
(1)
Where an offence is committed by a person by
reason of the person’s failure to comply, within the period specified in
a direction given to the person under this Act or the regulations, with the
requirements specified in the direction, the offence, for the purposes of
Subsection (3), shall be deemed to continue so long as any requirement
specified in the direction remains undone, notwithstanding that the period has
elapsed.
(2)
Where an offence is committed by a person by
reason of the person’s failure to comply with a requirement made by this
Act or the regulations, the offence, for the purposes of subsection (3), shall
be deemed to continue so long as that failure continues, notwithstanding that
any period within which the requirement was to be complied with has
elapsed.
(3)
Where, under either subsection (1) or (2), an
offence is to be deemed to continue, the person who committed the offence
commits an additional offence against this Act on each day during which the
offence is to be deemed to continue and is liable, upon conviction for such an
additional offence, to a penalty not exceeding 100 penalty
units.
s 131: Am 1992 No
112, Sch 1.
132Prosecution of offences
(1)
In this section:
(a)
a reference to an offence against this Act shall
be read as including a reference to an offence against the Regulations,
and
(b)
a reference to a prescribed offence shall be read
as a reference to an offence against this Act the maximum monetary penalty in
respect of which exceeds 50 penalty units, with or without a penalty of
imprisonment.
(2)
Except as provided by subsections (3) and (3A),
prescribed offences are punishable on indictment.
(3)
A court of summary jurisdiction may hear and
determine proceedings for a prescribed offence (other than an offence under
section 120) summarily if the court is satisfied that it is appropriate to do
so and the defendant and the prosecutor consent.
(3A)
Chapter 5 of the Criminal
Procedure Act 1986 (which relates to the summary disposal
of certain indictable offences unless an election is made to proceed on
indictment) applies to and in respect of an offence under section
120.
(4)
Where, in accordance with subsection (3) or (3A),
a court of summary jurisdiction convicts a person of a prescribed offence, the
penalty that the court may impose in respect of the offence is:
(a)
where the penalty in respect of the offence
includes a term of imprisonment—a fine not exceeding 50 penalty units or
imprisonment for a period not exceeding 2 years, or both,
or
(b)
where the penalty in respect of the offence does
not include a term of imprisonment—a fine not exceeding 50 penalty units
or the maximum penalty provided by this Act or the Regulations in respect of
the offence, whichever is the less.
(5)
An offence against this Act, other than a
prescribed offence, is punishable summarily.
s 132: Am 1992 No
112, Sch 1; 1995 No 22, Sch 2; 1999 No 94, Sch 4.47; 2001 No 121, Sch 2.165
[2].
133Orders for forfeiture in respect of certain
offences
(1)
Where a person is convicted by the Supreme Court
of an offence against section 20, 40 or 61, the Court may, in addition to
imposing a penalty, make 1 or more of the following orders:
(a)
an order for the forfeiture of a specified
aircraft or vessel used in the commission of the offence,
(b)
an order for the forfeiture of specified
equipment used in the commission of the offence, and
(c)
an order:
(i)
for the forfeiture of specified petroleum
recovered, or conveyed through a pipeline, as the case may be, in the course
of the commission of the offence,
(ii)
for the payment by that person to the Crown of an
amount equal to the proceeds of the sale of specified petroleum so recovered
or conveyed, or
(iii)
for the payment by that person to the Crown of an
amount equal to the value at the well-head, assessed by the Court, of the
quantity, so assessed, of petroleum so recovered or conveyed or for the
payment of such part of that amount as the Court, having regard to all the
circumstances, thinks fit.
(2)
Where the Court is satisfied that an order made
under subsection (1) (c) (i) cannot, for any reason, be enforced, the Court
may, upon the application of the person by whom the proceedings were brought,
set aside the order and make either of the orders referred to in subsection
(1) (c) (ii) or (iii).
(3)
The Court may, before making an order under this
section, require notice to be given to, and hear, such persons as the Court
thinks fit.
(4)
Goods in respect of which an order is made under
this section shall be dealt with as the Attorney General directs and, pending
his direction, may be detained in such custody as the Court
directs.
134Time for bringing proceedings for
offences
Proceedings in respect of an offence against this
Act (being an offence arising under this Part) or the regulations may be
brought at any time.
135Judicial notice
(1)
All courts shall take judicial notice of the
signature of a person who is, or has been, the Minister or a delegate of the
Minister and of the fact that that person is, or has been, the Minister or a
delegate of the Minister.
(2)
In this section, court includes all persons
authorized by the law of New South Wales or by consent of parties to receive
evidence.
136Service
(1)
A document required or permitted by this Act to
be served on a person other than the Minister or a corporation shall be
served:
(a)
by delivering the document to that person
personally,
(b)
by prepaying and posting the document as a letter
addressed to that person at the person’s last known place of residence
or business or, if the person is carrying on business at 2 or more places, at
1 of those places,
(c)
by leaving the document at the last known place
of residence of that person with some person apparently a resident of that
place and apparently not less than 16 years of age, or
(d)
by leaving the document at the last known place
of business of that person or, if the person is carrying on business at 2 or
more places, at 1 of those places, with some person apparently in the service
of that person and apparently not less than 16 years of
age.
(2)
A document required or permitted by this Act to
be served on the Minister shall be served:
(a)
by prepaying and posting the document as a letter
addressed to the Minister at a place of business of the Minister,
or
(b)
by leaving it at a place of business of the
Minister with some person apparently employed in connexion with the business
of the Minister and apparently not less than 16 years of
age.
(3)
A document required by this Act to be served on a
person, being a corporation, shall be served:
(a)
by prepaying and posting the document as a letter
addressed to the corporation at its last known place of business or, if it is
carrying on business at 2 or more places, at 1 of those places,
or
(b)
by leaving it at that place, or at 1 of those
places, with some person apparently in the service of the corporation and
apparently not less than 16 years of age.
(4)
Where a document required by this Act to be
served is posted as a letter in accordance with this section, service shall,
unless the contrary is proved, be deemed to have been effected at the time at
which the letter would have been delivered in the ordinary course of
post.
(5)
Where there are 2 or more registered holders of a
title or special prospecting authority, those registered holders may, by
notice in writing signed by each of them and served on the Minister, nominate
one of the registered holders as being the person on whom documents relating
to the title or special prospecting authority that are required or permitted
by this Act to be served may be served.
(6)
Subject to subsections (7) and (8), where:
(a)
a document relating to a title or special
prospecting authority is required or permitted by this Act to be served on the
registered holder,
(b)
there are 2 or more registered holders of the
title or special prospecting authority, and
(c)
the document is served on a person in respect of
whom a nomination under subsection (5) is in force in relation to the title or
special prospecting authority,
the document shall be deemed to have been served on each
of those registered holders.
(7)
Where:
(a)
a person has been nominated under subsection (5)
in relation to a title or special prospecting authority,
and
(b)
one of the registered holders of the title or
special prospecting authority, by notice in writing served on the Minister,
revokes that nomination,
that nomination ceases to be in
force.
(8)
Where:
(a)
a person has been nominated under subsection (5)
in relation to a title or special prospecting authority,
and
(b)
the person so nominated ceases to be one of the
registered holders of the title or special prospecting
authority,
that nomination ceases to be in
force.
(9)
In this section:
title means a permit, lease,
licence, pipeline licence or access authority.
s 136: Am 1986 No 59,
Sch 7 (28).