2012
2012
2013-01-02
act
government
publicspecial
act.reprint
allinforce
2012-10-23
2012-10-23
0
2013-01-02
act-1987-015
2012
none
act-2012-084
9e84eba7-08ca-4280-b561-85e0a56a5d59
37353212-b033-46dc-b811-cf489d88b2f4
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 2.1.2013.
An Act to amend the Petroleum (Onshore) Act 1991 and an
instrument under that Act with respect to the payment of royalties in respect
of petroleum; and to amend that Act, the Mining Act
1992 and the Criminal
Procedure Act 1986 with respect to penalties and
proceedings for offences.
1Name of
Act
This Act is the Petroleum
(Onshore) Amendment (Royalties and Penalties) Act
2012.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1Amendments relating to
royalties
1.1Petroleum (Onshore) Act 1991 No
84
[1]Section 85
Royalty
Omit section 85 (2) and (3). Insert
instead:
(2)
The royalty is payable at the rate prescribed by
the regulations.
(3)
The rate of royalty may be prescribed:
(a)
as a percentage of the value at the well-head of
the petroleum, or
(b)
by reference to such other matters as the
regulations specify.
[2]Section
89
Omit the section. Insert instead:
89Ascertainment of
value
For the purposes of this Act, the value at the
well-head of any petroleum is the amount determined by the Minister as being
that value.
[3]Section 90 Ascertainment of
quantity of petroleum recovered
Omit “where no such measuring device is so
installed, or” from section 90 (b).
Insert instead
“if”.
1.2Petroleum (Onshore) Regulation
2007
Clauses 23 and
24
Omit the clauses. Insert instead:
23Rate of royalty: section
85
For the purposes of section 85 (2) of the Act,
the prescribed annual rate of royalty is 10 per cent of the value at the
well-head of the petroleum.
24Rate of royalty: Mining Act 1992 section
286
For the purposes of Division 3 of Part 14 of the
Mining Act 1992, the prescribed annual
rate of royalty is 10 per cent of the value at the well-head of the
petroleum.
24AATransitional
provision
(1)
The rate of royalty imposed by clauses 23 and 24
(as substituted by the Petroleum (Onshore) Amendment
(Royalties and Penalties) Act 2012) applies to petroleum
recovered on or after 1 January 2013.
(2)
Clauses 23 and 24, as in force before their
substitution by that Act, continue to apply to petroleum recovered before 1
January 2013.
1.3Coal
Mine Health and Safety Amendment Act 2010 No
23
Schedule
3.11
Omit the Subschedule.
Schedule 2Amendments relating to
penalties
2.1Criminal Procedure Act 1986 No
209
[1]Schedule 1 Indictable offences
triable summarily
Insert after clause 31 in Table 1:
32Petroleum (Onshore) Act 1991 No
84
An offence of mining petroleum in contravention
of section 7 of the Petroleum (Onshore) Act
1991, if the value of the petroleum to which the alleged
offence relates is $5,000 or more.
[2]Schedule 1, Table
2
Omit clause 18 (2).
2.2Mining
Act 1992 No 29
[1]Section 5 Mining or
prospecting without authorisation
Omit the penalty for prospecting in contravention
of the section. Insert instead:
Maximum penalty for prospecting in contravention
of this section:
(a)
in the case of a corporation—5,000 penalty
units, and, in the case of a continuing offence, a further penalty of 500
penalty units for each day that the offence continues, or
(b)
in the case of a natural person—1,000
penalty units or imprisonment for 5 years, or both, and, in the case of a
continuing offence, a further penalty of 100 penalty units for each day that
the offence continues.
[2]Section
5
Omit the penalty for mining in contravention of
the section. Insert instead:
Maximum penalty for mining in contravention of
this section:
(a)
in the case of a corporation—10,000 penalty
units, and, in the case of a continuing offence, a further penalty of 1,000
penalty units for each day that the offence continues, or
(b)
in the case of a natural person—2,000
penalty units or imprisonment for 5 years, or both, and, in the case of a
continuing offence, a further penalty of 200 penalty units for each day that
the offence continues.
[3]Section 6 Unauthorised
carrying out of mining purposes
Omit the penalty to section 6 (1). Insert
instead:
Maximum penalty:
(a)
in the case of a corporation—10,000 penalty
units, and, in the case of a continuing offence, a further penalty of 1,000
penalty units for each day that the offence continues, or
(b)
in the case of a natural person—2,000
penalty units or imprisonment for 5 years, or both, and, in the case of a
continuing offence, a further penalty of 200 penalty units for each day that
the offence continues.
[4]Section 12B Stealing
minerals
Omit the penalty to the section. Insert
instead:
Maximum penalty:
(a)
in the case of a corporation—10,000 penalty
units, or
(b)
in the case of a natural person—2,000
penalty units or imprisonment for 5 years, or both.
[5]Section 12C Fraudulent removal
and concealment of minerals by employees
Omit the penalty to the section. Insert
instead:
Maximum penalty:
(a)
in the case of a corporation—10,000 penalty
units, or
(b)
in the case of a natural person—2,000
penalty units or imprisonment for 5 years, or both.
[6]Section 12D Fraudulent removal
and concealment of minerals by partners
Omit the penalty to the section. Insert
instead:
Maximum penalty:
(a)
in the case of a corporation—10,000 penalty
units, or
(b)
in the case of a natural person—2,000
penalty units or imprisonment for 5 years, or both.
[7]Section 240C Breach of
direction
Omit the penalty to the section. Insert
instead:
Maximum penalty:
(a)
in the case of a corporation—10,000 penalty
units, and, in the case of a continuing offence, a further penalty of 1,000
penalty units for each day that the offence continues, or
(b)
in the case of a natural person—2,000
penalty units, and, in the case of a continuing offence, a further penalty of
200 penalty units for each day that the offence
continues.
[8]Section 248S
Offences
Omit the penalty to the section. Insert
instead:
Maximum penalty:
(a)
in the case of a corporation—10,000 penalty
units, and, in the case of a continuing offence, a further penalty of 1,000
penalty units for each day that the offence continues, or
(b)
in the case of a natural person—2,000
penalty units, and, in the case of a continuing offence, a further penalty of
200 penalty units for each day that the offence
continues.
[9]Section 291 Payment of
royalty
Omit the penalty to section 291 (1A). Insert
instead:
Maximum penalty:
(a)
in the case of a corporation—10,000 penalty
units, and, in the case of a continuing offence, a further penalty of 1,000
penalty units for each day that the offence continues, or
(b)
in the case of a natural person—2,000
penalty units or imprisonment for 12 months, or both, and, in the case of a
continuing offence, a further penalty of 200 penalty units for each day that
the offence continues.
[10]Section 378A
Obstruction
Omit the penalty to the section. Insert
instead:
Maximum penalty:
(a)
in the case of a corporation—10,000 penalty
units, or
(b)
in the case of a natural person—2,000
penalty units.
[11]Section 378D Contravention of
condition of authorisation—offence by holder
Omit the penalties for a condition of a kind
referred to in Part 1 of Schedule 7 from section 378D (1) and
(2).
Insert instead:
Maximum penalty if the condition is of a kind
referred to in Part 1 of Schedule 7:
(a)
in the case of a corporation—10,000 penalty
units, and, in the case of a continuing offence, a further penalty of 1,000
penalty units for each day that the offence continues, or
(b)
in the case of a natural person—2,000
penalty units, and, in the case of a continuing offence, a further penalty of
200 penalty units for each day that the offence
continues.
[12]Section
378D
Omit the penalty for a condition not of a kind
referred to in Part 1 of Schedule 7 from section 378D (1) and
(2).
Insert instead:
Maximum penalty if the condition is not of a kind
referred to in Part 1 of Schedule 7:
(a)
in the case of a corporation—2,000 penalty
units, and, in the case of a continuing offence, a further penalty of 200
penalty units for each day that the offence continues, or
(b)
in the case of a natural person—200 penalty
units, and, in the case of a continuing offence, a further penalty of 50
penalty units for each day that the offence
continues.
[13]Section 378D
(3)
Insert after section 378D (2):
(3)
In imposing a penalty under this section for a
contravention of a condition of a kind referred to in Part 1 of Schedule 7,
the court is to take into consideration the following (so far as they are
relevant):
(a)
the extent of the harm caused or likely to be
caused to the environment by the commission of the
offence,
(b)
the practical measures that may be taken to
prevent, control, abate or mitigate that harm,
(c)
the extent to which the person who committed the
offence could reasonably have foreseen the harm caused or likely to be caused
to the environment by the commission of the offence,
(d)
the extent to which the person who committed the
offence had control over the causes that gave rise to the
offence,
(e)
any other matters the court considers
relevant.
[14]Section 378H Proceedings for
offences
Omit “Division 1 of Part 2” from
section 378H (1) (a).
Insert instead “Division 1 or 2 of Part 2
or section 291”.
[15]Section 378H (2)
(b)
Omit “200 penalty units”. Insert
instead “2,000 penalty units”.
[16]Schedule 7
Offences
Insert “238, 239,” after
“168A,” in Part 1.
2.3Petroleum (Onshore) Act 1991 No
84
[1]Section 7 Offence of
prospecting or mining without authority
Omit the penalty for prospecting in contravention
of the section. Insert instead:
Maximum penalty for prospecting in contravention
of this section:
(a)
in the case of a corporation—5,000 penalty
units, and, in the case of a continuing offence, a further penalty of 500
penalty units for each day that the offence continues, or
(b)
in the case of a natural person—1,000
penalty units or imprisonment for 5 years, or both, and, in the case of a
continuing offence, a further penalty of 100 penalty units for each day that
the offence continues.
[2]Section
7
Omit the penalty for mining in contravention of
the section. Insert instead:
Maximum penalty for mining in contravention of
this section:
(a)
in the case of a corporation—10,000 penalty
units, or
(b)
in the case of an individual—2,000 penalty
units or imprisonment for 5 years, or both.
[3]Section 77 Direction to comply
with conditions of petroleum title
Omit the penalty. Insert instead:
Maximum penalty:
(a)
in the case of a corporation—10,000 penalty
units, or
(b)
in the case of an individual—2,000 penalty
units.
[4]Section 136 Other
offences
Omit the penalties from section 136 (1) and (2).
Insert instead:
Maximum penalty:
(a)
in the case of a corporation—10,000 penalty
units, or
(b)
in the case of an individual—2,000 penalty
units.
[5]Section 136A Contravention of
conditions of title
Omit the penalty to section 136A (1). Insert
instead:
Maximum penalty:
(a)
if the condition of the title is identified as a
condition related to environmental management:
(i)
in the case of a corporation—10,000 penalty
units, or
(ii)
in the case of an individual—2,000 penalty
units, or
(b)
in any other case—2,000 penalty
units.
[6]Section 136A
(3)
Insert after section 136A (2):
(3)
In imposing a penalty for a contravention of or
failure to comply with a condition identified as a condition related to
environmental management, the court is to take into consideration the
following (so far as they are relevant):
(a)
the extent of the harm caused or likely to be
caused to the environment by the commission of the
offence,
(b)
the practical measures that may be taken to
prevent, control, abate or mitigate that harm,
(c)
the extent to which the person who committed the
offence could reasonably have foreseen the harm caused or likely to be caused
to the environment by the commission of the offence,
(d)
the extent to which the person who committed the
offence had control over the causes that gave rise to the
offence,
(e)
any other matters the court considers
relevant.
[7]Section
137
Omit the section. Insert instead:
137Proceedings for
offences
(1)
Proceedings for an offence against this Act or
the regulations are, except as provided by this section, to be dealt with
summarily by:
(a)
the Land and Environment Court,
or
(b)
the Local Court.
(2)
If proceedings for an offence against this Act or
the regulations are brought in the Local Court:
(a)
the maximum period of imprisonment that the Court
may impose is 12 months, and
(b)
the maximum monetary penalty that the Court may
impose is 2,000 penalty units.
(3)
Proceedings against an individual for an offence
of mining in contravention of section 7 may be taken on
indictment.
Historical
notes
Table of amending
instruments
Petroleum
(Onshore) Amendment (Royalties and Penalties) Act 2012 No
84. Assented to 29.10.2012. Date of commencement, 1.1.2013, sec 2 and
2012 (667) LW 21.12.2012.