Federal Register of Legislation - Australian Government

Primary content

Petroleum (Submerged Lands) Act 1967

Act No. 118 of 1967 as amended, taking into account amendments up to Act No. 8 of 2005
An Act relating to the Exploration for, and the Exploitation of, the Petroleum Resources, and certain other Resources, of, and to the transfer of Petroleum Resources (wherever recovered) across, the Continental Shelf of Australia and of certain Territories of the Commonwealth and certain other Submerged Land
Administered by: DITR
Registered 07 Mar 2005
Start Date 22 Feb 2005
End Date 26 Mar 2006
Date of repeal 01 Jul 2008
Repealed by Offshore Petroleum (Repeals and Consequential Amendments) Act 2006
Table of contents.
Skip Navigation Links.
Collapse TextText
Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
5 Interpretation
5A Adjacent areas
5AAA Effect of changes to, or reassessment of the location of, the baseline of Australia’s territorial sea on permits, leases, licences, infrastructure licences or pipeline licences
5AAB Infrastructure facilities
5AA Definitions relating to occupational health and safety
6 Spaces above and below adjacent areas
6A Petroleum pool extending into two licence areas
7 Extension to certain Territories
8 Application of Act
8AA Act to apply subject to international obligations
8AB Application of the Criminal Code
Part IA—The Joint Authorities
8A Establishment of Joint Authorities
8B Acting Ministers
8C Functions of Joint Authorities
8D Procedure of Joint Authorities
8F Notification by Designated Authority of decisions by Joint Authority
8G Certain Territories
8H Delegation
Part II—Application of laws
9 Application of laws in areas adjacent to States
10 Jurisdiction of State courts
11 Application of laws in areas adjacent to Territories
11A Disapplication of the Navigation Act 1912 and the Occupational Health and Safety (Maritime Industry) Act 1993 in adjacent areas
11B Disapplication of the Navigation Act 1912 and the Occupational Health and Safety (Maritime Industry) Act 1993 in designated coastal waters in certain circumstances
12 Jurisdiction of Territory courts
13 Parts III and IV not affected by this Part
Part III—Mining for petroleum
Division 1—Preliminary
14 Designated Authorities
15 Delegation
17 Graticulation of Earth’s surface and constitution of blocks
18 Reservation of blocks
Division 2—Exploration permits for petroleum
19 Exploration for petroleum
20 Advertisement of blocks
21 Application for permit
21A Where 2 or more applications are made in respect of the same block or blocks
22 Grant or refusal of permit in relation to application
22AA Withdrawal by a joint appl icant
22AB Withdrawal of application
22AC Effect of withdrawal or lapse of application
22A Application for permits by way of cash bidding
22B Grant or refusal of permit in relation to application
22C Permit under section 22B to continue in force in certain cases
23 Application for permit in respect of surrendered blocks etc.
24 Application fee etc.
25 Consideration of application
26 Request by applicant for grant of permit in respect of advertised blocks
27 Grant of permit on request
28 Rights conferred by permit
29 Term of permit
30 Application for renewal of permit
30A Renewal of permit in respect of blocks constituted by graticular sections wholly or partly in Area A of the Zone of Cooperation
31 Application for renewal of permit to be in respect of reduced area
31A Certain permits cannot be renewed more than twice
32 Grant or refusal of renewal of permit
33 Conditions of permit
34 Discovery of petroleum to be notified
36 Nomination of blocks as location
37 Declaration of location
38 Immediately adjoining blocks
Division 2A—Retention leases for petroleum
38A Application by permittee for lease
38B Grant or refusal of lease in relation to application
38BA Application of sections 38A and 38B where permit is transferred
38BB Application by licensee for lease
38BC Grant or refusal of lease in relation to application by licensee
38BD Application of sections 38BB and 38BC where licence is transferred
38C Rights conferred by lease
38D Term of lease
38E Notice of intention to cancel lease
38F Application for renewal of lease
38G Grant or refusal of renewal of lease
38H Conditions of lease
38J Discovery of petroleum to be notified
Division 3—Production licences for petroleum
39 Recovery of petroleum in adjacent area
39A Application for licence by holder of permit to which Royalty Act does not apply
40 Application for licence by holder of permit to which Royalty Act applies
40A Application for licence by holder of lease to which Royalty Act does not apply
41 Application for licence
42 Determination of rate of royalty
43 Notification as to grant of licence
44 Grant of licence
44A Application of sections 39A and 41 to 44 where permit etc. transferred
45 Variation of licence area
46 Determination of permit or lease as to block not taken up
47 Application for licence in respect of surrendered blocks etc.
48 Application fee etc.
49 Request by applicant for grant of licence
50 Grant of licence on request
51 Grant of licences in respect of individual blocks
52 Rights conferred by licence
53 Term of licence
53A Termination of licence if no operations for 5 years
54 Application for renewal of licence
55 Grant or refusal of renewal of licence
56 Conditions of licences
58 Directions as to recovery of petroleum
59 Unit development
Division 3A—Infrastructure licences
59A Construction etc. of infrastructure facilities
59B Application for infrastructure licence
59C Notification as to grant of an infrastructure licence
59D Notices to be given by Joint Authority
59E Grant of infrastructure licence
59F Rights conferred by infrastructure licence
59G Term of infrastructure licence
59H Termination of infrastructure licence if no operations for 5 years
59J Conditions of infrastructure licence
59K Variation of infrastructure licence
Division 4—Pipeline licences
60 Construction etc. of pipelines etc.
61 Acts done in an emergency etc.
62 Removal of pipeline etc. constructed in contravention of Act
63 Terminal station
64 Application for pipeline licence
65 Grant or refusal of pipeline licence
66 Rights conferred by pipeline licence
67 Term of pipeline licence
67A Termination of pipeline licence if no operations for 5 years
70 Conditions of pipeline licence
71 Variation by the Joint Authority of pipeline licence on application by pipeline license e
72 Variation of pipeline licence by Joint Authority
73 Common carrier
74 Ceasing to operate pipeline
Division 5—Registration of instruments
75 Interpretation
76 Register of certain instruments to be kept
77 Memorials to be entered of permits etc. determined etc.
78 Approval and registration of transfers
79 Entries in Register on devolution of title etc.
81 Approval of dealings relating to existing titles
81A Approval of dealings in future interests etc.
82 True consideration to be shown
83 Designated Authority not concerned with certain matters
84 Power of Designated Authority to acquire information as to dealings
85 Production and inspection of documents
86 Inspection of Register and documents
87 Evidentiary provisions
87A Designated Authority may make corrections to Register
88 Appeals
90 Offences
91 Assessment of fee
92 The Supreme Court
Division 6—General
94 Notice of grants of permits etc. to be published
95 Date of the effect of surrender etc. of permits etc.
96 Commencement of works
97 Work practices
97A Conditions relating to insurance
98 Maintenance etc. of property
99 Sections 97 and 98 to have effect subject to this Act etc.
101 Directions
102 Compliance with directions
103 Exemption
103A Suspension of rights conferred by permit or lease
104 Surrender of permits etc.
105 Cancellation of permits etc.
106 Cancellation of permit etc. not affected by other provisions
107 Removal of property etc. by permittee etc.
108 Removal of property etc. by Designated Authority
111 Special prospecting authorities
112 Access authorities
113 Sale of property
115 Designated Authority etc. may require information to be furnished etc.
116 Power to examine on oath
117 Failing to furnish information etc.
119 Safety zones
120 Discovery and use of water
122 Records etc. to be kept
122A Regulations about data management
123 Scientific investigations
124 Interference with other rights
124A Interfering with offshore petroleum installation or operations
125 Inspectors
126 Powers of inspectors
127 Property in petroleum
129 Certain payments to be made by Commonwealth to States and Northern Territory
133 Orders for forfeiture in respect of certain offences
135 Time for bringing proceedings for offences
136 Publication in Gazette
137 Judicial notice
138 Service
138A Service of documents on 2 or more permittees etc.
139 No conditions as to payment of moneys
140 Saving of certain State and Territory instruments
140AA Liability for acts or matters done or omitted to be done under this Act etc.
Division 6A—Area to be avoided and safety zones
140A Interpretation
140B Emergency periods
140C Designated Authority may authorise entry into area to be avoided
140D Unauthorised vessel not to enter area to be avoided
140E Powers of authorised persons
140F Search warrants
140G Exercise of powers in serious circumstances
Division 6B—Health and safety
140H Application of occupational health and safety laws
140I Regulations relating to health and safety
Division 7—Transitional provisions
146 Barracouta and Marlin Fields Petroleum Production Licences
147 Barracouta and Marlin Fields Pipeline Licences to have effect as pipeline licences under this Act
148 Licence to replace the Barrow Island lease
149 Certain portions of blocks to be blocks
Part IIIA—Release of information
Division 1—Preliminary
150 Definitions
150A Application of Part
Division 2—Protection of confidentiality of information and samples
Subdivision A—Information and samples obtained by the Designated Authority
150B Protection of confidentiality of documentary information obtained by the Designated Authority
150C Protection of confidentiality of petroleum mining samples obtained by the Designated Authority
150D Designated Authority may make information or samples available to a Minister, a State Minister or a Northern Territory Minister
Subdivision B—Information and samples obtained by a Minister
150E Protection of confidentiality of information obtained by a Minister
150F Protection of confidentiality of petroleum mining samples obtained by a Minister
Subdivision C—Miscellaneous
150G Fees
150H Review by Minister
150J Privacy Act
Division 4—Miscellaneous
150K Publishing or making copies of applicable documents not an infringement of copyright
Part IIIB—Datums
Division 1—Points etc. to be ascertained by reference to certain datums
150L Objects
150M Australian Geodetic Datum
150N Current datum, previous datum and changeover time
150P Use of current datum
150Q Use of previous datum
150R Variation of titles etc.
150S Variation of applications for titles
150T No change to actual position of point, line or area
150U Transitional regulations
150V Division has effect subject to section 150X
150W Definitions
Division 2—Certain points etc. specified in an International Sea‑bed Agreement to be ascertained by other means
150X Certain points etc. specified in an International Sea‑bed Agreement to be ascertained by other means
Part IIIC—National Offshore Petroleum Safety Authority
Division 1—Introduction
150XA Simplified outline
150XB Definitions
150XC Designated coastal waters
Division 2—Establishment, functions and powers of the Safety Authority
150XD Establishment of the National Offshore Petroleum Safety Authority
150XE Safety Authority’s functions
150XF Policy principles
150XG Safety Authority’s ordinary powers
150XH References to functions and powers of the Safety Authority
150XI Safety Authority may be given additional powers in certain circumstances
150XJ Power to refer matters to NOGSAC
150XK Safety Authority is a body corporate
Division 3—National Offshore Petroleum Safety Authority Board
Subdivision A—Establishment, functions and membership
150XL Establishment of Board
150XM Functions of the Board
150XN Powers of the Board
150XO Membership
Subdivision B—Board procedures
150XP Board procedures
Subdivision C—Terms and conditions for Board members
150XQ Term of appointment and related matters for Board members
150XR Remuneration and allowances of Board members
150XS Leave of absence of Board members
150XT Resignation of Board members
150XU Termination of appointment of Board members
150XV Other terms and conditions of Board members
150XW Acting Board members
Division 4—Chief Executive Officer and staff of the Safety Authority
150XX Appointment of the CEO
150XY Duties of the CEO
150XZ Working with the Board
150Y Remuneration and allowances of the CEO
150YA Leave of absence of the CEO
150YB Resignation of the CEO
150YC Notification of possible conflict of interest by CEO
150YD Termination of CEO’s appointment
150YE Other terms and conditions
150YF Acting appointments
150YG Delegation by CEO
150YH Staff of the Safety Authority
150YI Consultants and persons seconded to the Safety Authority
Division 5—Corporate plans
150YJ Corporate plans
150YK Commonwealth Minister’s response to corporate plan
Division 6—OHS inspectors
150YL Appointment of OHS inspectors
150YM Identity cards
Division 7—National Offshore Petroleum Safety Account
150YN National Offshore Petroleum Safety Account
150YO Credits to the Account
150YP Purposes of the Account
Division 8—Other financial matters
150YQ Fees for services provided by the Safety Authority
150YR Safety investigation levy
150YS Safety case levy
150YT Pipeline safety man agement plan levy
150YU Liability to taxation
Division 9—Miscellaneous
150YV Annual reports
150YW Ministers may require the Safety Authority to prepare reports or give information
150YX Commonwealth Minister may give directions to the Safety Authority
150YY Prosecutions by the Director of Public Prosecutions under mirror provisions
150YZ Australian Industrial Relations Commission may exercise powers under mirror provisions
150Z Reviews of operations of Safety Authority
Part IV—Miscellaneous
151 Jurisdiction of courts
152 Reconsideration and review of certain decisions
155 Validation of certain acts
157 Regulations
Schedule 2—
Schedule 3—Barracouta and Marlin fields Petroleum Production Licences
Schedule 6—Area that includes the area to be avoided
Schedule 7—Occupational health and safety
Occupational health and safety
Part 1—Preliminary
1 Objects
2 Definitions
2A Definitions and other provisions relating to facilities
2B Operator must ensure presence of operator’s representative
2C Health and safety of persons using an accommodation facility
2D Contractor
3 Duties of operator
Part 2—Occupational health and safety
Division 1—General duties relating to occupational health and safety
4 Duties of persons in control of parts of facility or particular work
5 Duties of employers
6 Duties of manufacturers in relation to plant and substances
7 Duties of suppliers of facilities, plant and substances
8 Duties of persons erecting facilities or installing plant
9 Duties of persons in relation to occupational health and safety
10 Reliance on information supplied or results of research
Division 2—Specific duties relating to occupational health and safety
11 Regulations relating to occupational health and safety
Part 3—Workplace arrangements
Division 1—Health and safety representatives
12 Designated work groups
13 Health and safety representatives
13A Election of health and safety representat ives
13B List of health and safety representatives
13C Members of designated work group must be notified of selection etc. of health and safety representative
14 Term of office
15 Training of health and safety representatives
16 Powers of health and safety representatives
17 Provisional improvement notices
18 Effect of provisional improvement notice
19 Duties of the operator and other employers in relation to health and safety representatives
20 Resignation etc. of health and safety representatives
21 Disqualification of health and safety representatives [see Note 2]
22 Deputy health and safety representatives
Division 2—Health and safety committees
23 Health and safety committees
24 Functions of health and safety committees
25 Duties of the operator and other employers in relation to health and safety committees
Division 3—Emergency procedures
26 Action by health and safety representatives
27 Directions to perform other work
Division 4—Exemptions
27A Exemptions
Part 4—Inspections
Division 1—Inspections
29 OHS inspectors
30 Inspections
31 Powers of entry and search—facilities
31A Powers of entry and search—regulated business premises (other than facilities)
31B Powers of entry and search—premises (other than regulated business premises)
31C Warrant to enter premises (other than regulated business premises)
32 Power to require assistance and information
33 Power to take possession of plant, take samples of substances etc.
34 Power to direct that workplace etc. not be disturbed
35 Power to issue prohibition notices
36 Power to issue improvement notices
37 Appeals
39 Notices not to be tampered with or removed
Division 2—Reports on inspections
40 Reports on inspections
Part 5—Miscellaneous
41 Notifying and reporting accidents and dangerous occurrences
42 Records of accidents and dangerous occurrences to be kept
43 Codes of practice
44 Use of codes of practice in proceedings
45 Interference etc. with equipment etc.
46 Members of workforce not to be levied
48 Employer not to dismiss etc. employees on certain grounds
49 Institution of prosecutions
50 Conduct of directors, servants and agents
51 Act not to give rise to other liabilities etc.
52 Circumstances preventing compliance with Schedule may be defence to prosecution
53 Regulations—general
8J Greater Sunrise Off‑shore Petroleum Joint Authority—consultations
8K Delegation by Greater Sunrise Off‑shore Petroleum Joint Authority
14A Designated Authorities—Northern Territory adjacent area
14B Eastern Greater Sunrise Designated Authority—consultations
Schedule 8—Greater Sunrise areas
Greater Sunrise unit area
Eastern Greater Sunrise area
Western Greater Sunrise area
4 The transition time
5 Validity of things done by the Ministerial Council and the Joint Authority
6 Protection against retrospective criminal liability
4 Saving of matters in Part 2 of Schedule 1

Petroleum (Submerged Lands) Act 1967

Act No. 118 of 1967 as amended

This compilation was prepared on 2 March 2005
taking into account amendments up to Act No. 8 of 2005

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated
may be affected by application provisions that are set out in
the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

  

  

  


Contents

Part I—Preliminary                                                                                                                3

1............ Short title [see Note 1]....................................................................... 3

2............ Commencement [see Note 1].............................................................. 3

5............ Interpretation...................................................................................... 3

5A......... Adjacent areas................................................................................... 11

5AAA... Effect of changes to, or reassessment of the location of, the baseline of Australia’s territorial sea on permits, leases, licences, infrastructure licences or pipeline licences......................... 14

5AAB... Infrastructure facilities...................................................................... 15

5AA...... Definitions relating to occupational health and safety..................... 16

6............ Spaces above and below adjacent areas............................................ 16

6A......... Petroleum pool extending into two licence areas.............................. 16

7............ Extension to certain Territories........................................................ 18

8............ Application of Act........................................................................... 18

8AA...... Act to apply subject to international obligations............................. 19

8AB...... Application of the Criminal Code.................................................... 19

Part IA—The Joint Authorities                                                                                     20

8A......... Establishment of Joint Authorities................................................... 20

8B......... Acting Ministers............................................................................... 20

8C......... Functions of Joint Authorities......................................................... 21

8D......... Procedure of Joint Authorities......................................................... 21

8F.......... Notification by Designated Authority of decisions by Joint Authority 22

8G......... Certain Territories............................................................................ 22

8H......... Delegation......................................................................................... 23

Part II—Application of laws                                                                                            24

9............ Application of laws in areas adjacent to States................................ 24

10.......... Jurisdiction of State courts............................................................... 28

11.......... Application of laws in areas adjacent to Territories......................... 28

11A....... Disapplication of the Navigation Act 1912 and the Occupational Health and Safety (Maritime Industry) Act 1993 in adjacent areas.................................................................................... 33

11B....... Disapplication of the Navigation Act 1912 and the Occupational Health and Safety (Maritime Industry) Act 1993 in designated coastal waters in certain circumstances........................... 34

12.......... Jurisdiction of Territory courts........................................................ 35

13.......... Parts III and IV not affected by this Part......................................... 35

Part III—Mining for petroleum                                                                                    36

Division 1—Preliminary                                                                                            36

14.......... Designated Authorities..................................................................... 36

15.......... Delegation......................................................................................... 36

17.......... Graticulation of Earth’s surface and constitution of blocks............. 37

18.......... Reservation of blocks....................................................................... 38

Division 2—Exploration permits for petroleum                                           39

19.......... Exploration for petroleum................................................................ 39

20.......... Advertisement of blocks................................................................... 39

21.......... Application for permit..................................................................... 39

21A....... Where 2 or more applications are made in respect of the same block or blocks      40

22.......... Grant or refusal of permit in relation to application........................ 41

22AA.... Withdrawal by a joint applicant....................................................... 42

22AB.... Withdrawal of application................................................................ 43

22AC.... Effect of withdrawal or lapse of application.................................... 43

22A....... Application for permits by way of cash bidding............................. 43

22B....... Grant or refusal of permit in relation to application........................ 45

22C....... Permit under section 22B to continue in force in certain cases........ 47

23.......... Application for permit in respect of surrendered blocks etc............ 48

24.......... Application fee etc........................................................................... 49

25.......... Consideration of application............................................................ 49

26.......... Request by applicant for grant of permit in respect of advertised blocks               50

27.......... Grant of permit on request............................................................... 51

28.......... Rights conferred by permit............................................................... 51

29.......... Term of permit................................................................................. 51

30.......... Application for renewal of permit.................................................... 52

30A....... Renewal of permit in respect of blocks constituted by graticular sections wholly or partly in Area A of the Zone of Cooperation...................................................................................... 53

31.......... Application for renewal of permit to be in respect of reduced area. 54

31A....... Certain permits cannot be renewed more than twice........................ 55

32.......... Grant or refusal of renewal of permit............................................... 56

33.......... Conditions of permit........................................................................ 58

34.......... Discovery of petroleum to be notified............................................. 58

36.......... Nomination of blocks as location..................................................... 59

37.......... Declaration of location...................................................................... 60

38.......... Immediately adjoining blocks........................................................... 61

Division 2A—Retention leases for petroleum                                              62

38A....... Application by permittee for lease................................................... 62

38B....... Grant or refusal of lease in relation to application........................... 63

38BA.... Application of sections 38A and 38B where permit is transferred.. 64

38BB..... Application by licensee for lease...................................................... 65

38BC..... Grant or refusal of lease in relation to application by licensee......... 66

38BD.... Application of sections 38BB and 38BC where licence is transferred 67

38C....... Rights conferred by lease.................................................................. 68

38D....... Term of lease.................................................................................... 68

38E........ Notice of intention to cancel lease.................................................... 68

38F........ Application for renewal of lease....................................................... 69

38G....... Grant or refusal of renewal of lease.................................................. 70

38H....... Conditions of lease........................................................................... 73

38J........ Discovery of petroleum to be notified............................................. 74

Division 3—Production licences for petroleum                                            75

39.......... Recovery of petroleum in adjacent area............................................ 75

39A....... Application for licence by holder of permit to which Royalty Act does not apply               75

40.......... Application for licence by holder of permit to which Royalty Act applies           76

40A....... Application for licence by holder of lease to which Royalty Act does not apply  78

40B....... Application for licence by holder of lease to which Royalty Act applies              78

41.......... Application for licence..................................................................... 79

42.......... Determination of rate of royalty...................................................... 80

43.......... Notification as to grant of licence..................................................... 80

44.......... Grant of licence................................................................................. 81

44A....... Application of sections 39A and 41 to 44 where permit etc. transferred               82

45.......... Variation of licence area.................................................................... 83

46.......... Determination of permit or lease as to block not taken up.............. 83

47.......... Application for licence in respect of surrendered blocks etc............ 85

48.......... Application fee etc........................................................................... 86

49.......... Request by applicant for grant of licence......................................... 87

50.......... Grant of licence on request............................................................... 88

51.......... Grant of licences in respect of individual blocks.............................. 89

52.......... Rights conferred by licence............................................................... 90

53.......... Term of licence................................................................................. 90

53A....... Termination of licence if no operations for 5 years.......................... 90

54.......... Application for renewal of licence.................................................... 91

55.......... Grant or refusal of renewal of licence............................................... 91

56.......... Conditions of licences....................................................................... 94

58.......... Directions as to recovery of petroleum............................................ 94

59.......... Unit development............................................................................. 95

Division 3A—Infrastructure licences                                                                98

59A....... Construction etc. of infrastructure facilities..................................... 98

59B....... Application for infrastructure licence............................................... 98

59C....... Notification as to grant of an infrastructure licence.......................... 98

59D....... Notices to be given by Joint Authority............................................ 99

59E........ Grant of infrastructure licence........................................................ 100

59F........ Rights conferred by infrastructure licence...................................... 101

59G....... Term of infrastructure licence......................................................... 101

59H....... Termination of infrastructure licence if no operations for 5 years. 101

59J........ Conditions of infrastructure licence................................................ 102

59K....... Variation of infrastructure licence................................................... 102

Division 4—Pipeline licences                                                                               104

60.......... Construction etc. of pipelines etc................................................... 104

61.......... Acts done in an emergency etc....................................................... 104

62.......... Removal of pipeline etc. constructed in contravention of Act....... 105

63.......... Terminal station.............................................................................. 106

64.......... Application for pipeline licence..................................................... 106

65.......... Grant or refusal of pipeline licence................................................. 108

66.......... Rights conferred by pipeline licence............................................... 111

67.......... Term of pipeline licence................................................................. 112

67A....... Termination of pipeline licence if no operations for 5 years.......... 112

70.......... Conditions of pipeline licence........................................................ 113

71.......... Variation by the Joint Authority of pipeline licence on application by pipeline licensee      113

72.......... Variation of pipeline licence by Joint Authority............................ 114

73.......... Common carrier.............................................................................. 115

74.......... Ceasing to operate pipeline............................................................ 115

Division 5—Registration of instruments                                                        117

75.......... Interpretation.................................................................................. 117

76.......... Register of certain instruments to be kept...................................... 117

77.......... Memorials to be entered of permits etc. determined etc................ 118

78.......... Approval and registration of transfers........................................... 118

79.......... Entries in Register on devolution of title etc.................................. 120

81.......... Approval of dealings relating to existing titles............................... 121

81A....... Approval of dealings in future interests etc................................... 125

82.......... True consideration to be shown..................................................... 126

83.......... Designated Authority not concerned with certain matters............. 127

84.......... Power of Designated Authority to acquire information as to dealings 127

85.......... Production and inspection of documents....................................... 128

86.......... Inspection of Register and documents............................................ 129

87.......... Evidentiary provisions................................................................... 129

87A....... Designated Authority may make corrections to Register............... 129

88.......... Appeals.......................................................................................... 130

90.......... Offences.......................................................................................... 131

91.......... Assessment of fee........................................................................... 131

92.......... The Supreme Court........................................................................ 131

Division 6—General                                                                                                  132

94.......... Notice of grants of permits etc. to be published............................ 132

95.......... Date of the effect of surrender etc. of permits etc.......................... 132

96.......... Commencement of works............................................................... 133

97.......... Work practices................................................................................ 134

97A....... Conditions relating to insurance..................................................... 135

98.......... Maintenance etc. of property......................................................... 136

99.......... Sections 97 and 98 to have effect subject to this Act etc............... 137

101........ Directions....................................................................................... 137

102........ Compliance with directions............................................................ 140

103........ Exemption....................................................................................... 141

103A..... Suspension of rights conferred by permit or lease......................... 143

104........ Surrender of permits etc................................................................. 144

105........ Cancellation of permits etc............................................................. 146

106........ Cancellation of permit etc. not affected by other provisions......... 148

107........ Removal of property etc. by permittee etc.................................... 149

108........ Removal of property etc. by Designated Authority...................... 151

111........ Special prospecting authorities....................................................... 152

112........ Access authorities........................................................................... 154

113........ Sale of property.............................................................................. 159

115........ Designated Authority etc. may require information to be furnished etc.                160

116........ Power to examine on oath............................................................... 161

117........ Failing to furnish information etc................................................... 161

118A..... Designated Authority to make correspondence etc. available to Commonwealth Minister    162

119........ Safety zones................................................................................... 162

120........ Discovery and use of water............................................................ 163

122........ Records etc. to be kept................................................................... 163

122A..... Regulations about data management............................................... 164

123........ Scientific investigations.................................................................. 165

124........ Interference with other rights......................................................... 166

124A..... Interfering with offshore petroleum installation or operations...... 166

125........ Inspectors....................................................................................... 167

126........ Powers of inspectors...................................................................... 167

127........ Property in petroleum.................................................................... 168

129........ Certain payments to be made by Commonwealth to States and Northern Territory             168

133........ Orders for forfeiture in respect of certain offences........................ 170

135........ Time for bringing proceedings for offences.................................... 171

136........ Publication in Gazette..................................................................... 171

137........ Judicial notice................................................................................. 171

138........ Service............................................................................................. 172

138A..... Service of documents on 2 or more permittees etc......................... 173

139........ No conditions as to payment of moneys....................................... 174

140........ Saving of certain State and Territory instruments.......................... 174

140AA.. Liability for acts or matters done or omitted to be done under this Act etc.           174

Division 6A—Area to be avoided and safety zones                                  177

140A..... Interpretation.................................................................................. 177

140B..... Emergency periods......................................................................... 179

140C..... Designated Authority may authorise entry into area to be avoided 180

140D..... Unauthorised vessel not to enter area to be avoided...................... 181

140E...... Powers of authorised persons........................................................ 181

140F...... Search warrants............................................................................... 184

140G..... Exercise of powers in serious circumstances.................................. 184

Division 6B—Health and safety                                                                          186

140H..... Application of occupational health and safety laws...................... 186

140I....... Regulations relating to health and safety........................................ 186

Division 7—Transitional provisions                                                                 187

146........ Barracouta and Marlin Fields Petroleum Production Licences....... 187

147........ Barracouta and Marlin Fields Pipeline Licences to have effect as pipeline licences under this Act        188

148........ Licence to replace the Barrow Island lease..................................... 189

149........ Certain portions of blocks to be blocks.......................................... 191

Part IIIA—Release of information                                                                           193

Division 1—Preliminary                                                                                          193

150........ Definitions...................................................................................... 193

150A..... Application of Part......................................................................... 194

Division 2—Protection of confidentiality of information and samples 195

Subdivision A—Information and samples obtained by the Designated Authority                195

150B..... Protection of confidentiality of documentary information obtained by the Designated Authority        195

150C..... Protection of confidentiality of petroleum mining samples obtained by the Designated Authority       195

150D..... Designated Authority may make information or samples available to a Minister, a State Minister or a Northern Territory Minister.......................................................................... 196

Subdivision B—Information and samples obtained by a Minister                  196

150E...... Protection of confidentiality of information obtained by a Minister 196

150F...... Protection of confidentiality of petroleum mining samples obtained by a Minister               197

Subdivision C—Miscellaneous                                                                             197

150G..... Fees................................................................................................. 197

150H..... Review by Minister........................................................................ 197

150J...... Privacy Act..................................................................................... 198

Division 4—Miscellaneous                                                                                    199

150K..... Publishing or making copies of applicable documents not an infringement of copyright        199

Part IIIB—Datums                                                                                                             200

Division 1—Points etc. to be ascertained by reference to certain datums          200

150L...... Objects............................................................................................ 200

150M.... Australian Geodetic Datum............................................................ 200

150N..... Current datum, previous datum and changeover time.................... 201

150P...... Use of current datum...................................................................... 201

150Q..... Use of previous datum................................................................... 202

150R..... Variation of titles etc...................................................................... 202

150S...... Variation of applications for titles.................................................. 203

150T..... No change to actual position of point, line or area......................... 203

150U..... Transitional regulations.................................................................. 204

150V..... Division has effect subject to section 150X................................... 204

150W.... Definitions...................................................................................... 204

Division 2—Certain points etc. specified in an International Sea-bed Agreement to be ascertained by other means                                                                                         205

150X..... Certain points etc. specified in an International Sea-bed Agreement to be ascertained by other means 205

Part IIIC—National Offshore Petroleum Safety Authority                        206

Division 1—Introduction                                                                                        206

150XA.. Simplified outline............................................................................ 206

150XB.. Definitions...................................................................................... 206

150XC.. Designated coastal waters............................................................... 209

Division 2—Establishment, functions and powers of the Safety Authority          210

150XD.. Establishment of the National Offshore Petroleum Safety Authority 210

150XE... Safety Authority’s functions......................................................... 210

150XF... Policy principles............................................................................. 211

150XG.. Safety Authority’s ordinary powers.............................................. 212

150XH.. References to functions and powers of the Safety Authority........ 212

150XI.... Safety Authority may be given additional powers in certain circumstances           213

150XJ... Power to refer matters to NOGSAC.............................................. 214

150XK.. Safety Authority is a body corporate............................................ 214

Division 3—National Offshore Petroleum Safety Authority Board  215

Subdivision A—Establishment, functions and membership                            215

150XL... Establishment of Board.................................................................. 215

150XM. Functions of the Board................................................................... 215

150XN.. Powers of the Board....................................................................... 216

150XO.. Membership................................................................................... 216

Subdivision B—Board procedures                                                                       216

150XP... Board procedures............................................................................ 216

Subdivision C—Terms and conditions for Board members                            217

150XQ.. Term of appointment and related matters for Board members...... 217

150XR.. Remuneration and allowances of Board members.......................... 217

150XS... Leave of absence of Board members............................................... 218

150XT.. Resignation of Board members....................................................... 218

150XU.. Termination of appointment of Board members............................ 218

150XV.. Other terms and conditions of Board members.............................. 219

150XW. Acting Board members................................................................... 219

Division 4—Chief Executive Officer and staff of the Safety Authority 221

150XX.. Appointment of the CEO............................................................... 221

150XY.. Duties of the CEO.......................................................................... 221

150XZ.. Working with the Board................................................................. 221

150Y..... Remuneration and allowances of the CEO..................................... 222

150YA.. Leave of absence of the CEO.......................................................... 222

150YB... Resignation of the CEO.................................................................. 222

150YC... Notification of possible conflict of interest by CEO..................... 222

150YD.. Termination of CEO’s appointment.............................................. 223

150YE... Other terms and conditions............................................................ 224

150YF... Acting appointments...................................................................... 224

150YG.. Delegation by CEO......................................................................... 225

150YH.. Staff of the Safety Authority......................................................... 225

150YI.... Consultants and persons seconded to the Safety Authority.......... 225

Division 5—Corporate plans                                                                                227

150YJ.... Corporate plans.............................................................................. 227

150YK.. Commonwealth Minister’s response to corporate plan................. 227

Division 6—OHS inspectors                                                                                 229

150YL... Appointment of OHS inspectors................................................... 229

150YM. Identity cards.................................................................................. 229

Division 7—National Offshore Petroleum Safety Account                   231

150YN.. National Offshore Petroleum Safety Account................................ 231

150YO.. Credits to the Account................................................................... 231

150YP... Purposes of the Account................................................................ 232

Division 8—Other financial matters                                                                 233

150YQ.. Fees for services provided by the Safety Authority...................... 233

150YR... Safety investigation levy................................................................ 233

150YS... Safety case levy.............................................................................. 234

150YT... Pipeline safety management plan levy........................................... 236

150YU.. Liability to taxation........................................................................ 236

Division 9—Miscellaneous                                                                                    238

150YV... Annual reports................................................................................ 238

150YW.. Ministers may require the Safety Authority to prepare reports or give information             239

150YX.. Commonwealth Minister may give directions to the Safety Authority  240

150YY... Prosecutions by the Director of Public Prosecutions under mirror provisions       242

150YZ... Australian Industrial Relations Commission may exercise powers under mirror provisions  242

150Z..... Reviews of operations of Safety Authority................................... 242

Part IV—Miscellaneous                                                                                                  244

151........ Jurisdiction of courts...................................................................... 244

152........ Reconsideration and review of certain decisions............................ 244

155........ Validation of certain acts................................................................ 246

157........ Regulations..................................................................................... 246

Schedule 2                                                                                                                                249

Schedule 3—Barracouta and Marlin fields Petroleum Production Licences            263

Schedule 6—Area that includes the area to be avoided                               270

Schedule 7—Occupational health and safety                                                      271

Occupational health and safety                                                                                   274

Part 1—Preliminary                                                                                                           274

1............ Objects............................................................................................ 274

2............ Definitions...................................................................................... 274

2A......... Definitions and other provisions relating to facilities..................... 278

2B......... Operator must ensure presence of operator’s representative........ 280

2C......... Health and safety of persons using an accommodation facility..... 280

2D......... Contractor....................................................................................... 280

3............ Duties of operator.......................................................................... 281

Part 2—Occupational health and safety                                                                 283

Division 1—General duties relating to occupational health and safety  283

4............ Duties of persons in control of parts of facility or particular work 283

5............ Duties of employers....................................................................... 284

6............ Duties of manufacturers in relation to plant and substances.......... 285

7............ Duties of suppliers of facilities, plant and substances................... 286

8............ Duties of persons erecting facilities or installing plant................... 288

9............ Duties of persons in relation to occupational health and safety.... 288

10.......... Reliance on information supplied or results of research................. 289

Division 2—Specific duties relating to occupational health and safety   291

11.......... Regulations relating to occupational health and safety................... 291

Part 3—Workplace arrangements                                                                             293

Division 1—Health and safety representatives                                          293

12.......... Designated work groups................................................................. 293

13.......... Health and safety representatives.................................................. 296

13A....... Election of health and safety representatives................................. 296

13B....... List of health and safety representatives........................................ 297

13C....... Members of designated work group must be notified of selection etc. of health and safety representative           298

14.......... Term of office................................................................................. 298

15.......... Training of health and safety representatives................................. 298

16.......... Powers of health and safety representatives.................................. 299

17.......... Provisional improvement notices................................................... 301

18.......... Effect of provisional improvement notice...................................... 303

19.......... Duties of the operator and other employers in relation to health and safety representatives 304

20.......... Resignation etc. of health and safety representatives..................... 306

21.......... Disqualification of health and safety representatives [see Note 2] 307

22.......... Deputy health and safety representatives...................................... 308

Division 2—Health and safety committees                                                   309

23.......... Health and safety committees........................................................ 309

24.......... Functions of health and safety committees.................................... 310

25.......... Duties of the operator and other employers in relation to health and safety committees       311

Division 3—Emergency procedures                                                                 312

26.......... Action by health and safety representatives.................................. 312

27.......... Directions to perform other work.................................................. 313

Division 4—Exemptions                                                                                         315

27A....... Exemptions..................................................................................... 315

Part 4—Inspections                                                                                                            316

Division 1—Inspections                                                                                          316

29.......... OHS inspectors.............................................................................. 316

30.......... Inspections..................................................................................... 316

31.......... Powers of entry and search—facilities........................................... 317

31A....... Powers of entry and search—regulated business premises (other than facilities)   318

31B....... Powers of entry and search—premises (other than regulated business premises)  319

31C....... Warrant to enter premises (other than regulated business premises) 321

32.......... Power to require assistance and information.................................. 322

33.......... Power to take possession of plant, take samples of substances etc. 325

34.......... Power to direct that workplace etc. not be disturbed..................... 326

35.......... Power to issue prohibition notices................................................. 327

36.......... Power to issue improvement notices.............................................. 329

37.......... Appeals.......................................................................................... 331

39.......... Notices not to be tampered with or removed................................. 333

Division 2—Reports on inspections                                                                 334

40.......... Reports on inspections................................................................... 334

Part 5—Miscellaneous                                                                                                     336

41.......... Notifying and reporting accidents and dangerous occurrences....... 336

42.......... Records of accidents and dangerous occurrences to be kept.......... 336

43.......... Codes of practice............................................................................ 337

44.......... Use of codes of practice in proceedings......................................... 337

45.......... Interference etc. with equipment etc.............................................. 337

46.......... Members of workforce not to be levied......................................... 338

48.......... Employer not to dismiss etc. employees on certain grounds......... 338

49.......... Institution of prosecutions............................................................. 339

50.......... Conduct of directors, servants and agents...................................... 340

51.......... Act not to give rise to other liabilities etc....................................... 341

52.......... Circumstances preventing compliance with Schedule may be defence to prosecution            341

53.......... Regulations—general...................................................................... 342

Notes                                                                                                                                          343


An Act relating to the Exploration for, and the Exploitation of, the Petroleum Resources, and certain other Resources, of, and to the transfer of Petroleum Resources (wherever recovered) across, the Continental Shelf of Australia and of certain Territories of the Commonwealth and certain other Submerged Land

 

 

Preamble

                   WHEREAS in accordance with international law Australia as a coastal state has sovereign rights over the continental shelf beyond the limits of Australian territorial waters for the purpose of exploring it and exploiting its natural resources:

                   AND WHEREAS, by the Seas and Submerged Lands Act 1973, it is declared and enacted that the sovereignty in respect of the territorial sea of Australia and in respect of the airspace over it and in respect of its sea-bed and subsoil, and in respect of certain internal waters of Australia, and in respect of the airspace over those waters and in respect of the sea-bed and subsoil beneath those waters is vested in and exercisable by the Crown in right of the Commonwealth:

                   AND WHEREAS, the Parliaments of the States and the Legislative Assembly of the Northern Territory have certain legislative powers in respect of the sea-bed and subsoil referred to in the last preceding paragraph and the Parliament of the Commonwealth has vested in the Crown in right of each of the States and the Crown in right of the Northern Territory certain proprietary rights in respect of that sea-bed and subsoil:

                   AND WHEREAS it has been agreed between the Commonwealth, the States and the Northern Territory that, in lieu of the scheme provided for by an agreement between the Commonwealth and the States dated 16 October, 1967:

                    (a)    legislation of the Parliament of the Commonwealth in respect of the exploration for and the exploitation of the petroleum resources of submerged lands should be limited to the resources of lands beneath waters that are beyond the outer limits of the territorial sea adjacent to the States and the Northern Territory (being outer limits based, unless and until otherwise agreed, on the breadth of that sea being three nautical miles), and that the States and the Northern Territory should share, in the manner provided in this Act, in the administration of that legislation;

                     (b)  legislation of the Parliament of each State should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the State as is on the landward side of the waters referred to in paragraph (a);

                     (c)  legislation of the Legislative Assembly of the Northern Territory should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the Northern Territory as is on the landward side of the waters referred to in paragraph (a); and

                     (d)  the Commonwealth, the States and the Northern Territory should endeavour to maintain, as far as practicable, common principles, rules and practices in the regulation and control of the exploration for and the exploitation of the petroleum resources of all the submerged lands referred to above that are on the seaward side of the inner limits of the territorial sea of Australia:

                   BE IT THEREFORE enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:


Part IPreliminary

  

1  Short title [see Note 1]

                   This Act may be cited as the Petroleum (Submerged Lands) Act 1967.

2  Commencement [see Note 1]

                   This Act shall come into operation on the day on which it receives the Royal Assent.

5  Interpretation

             (1)  In this Act, unless the contrary intention appears:

access authority means an access authority under Part III.

adjacent area means an adjacent area in respect of a State or Territory ascertained in accordance with section 5A and the adjacent area means the adjacent area in respect of the State or Territory concerned.

application for a primary licence means an application under subsection 40(1) or (2) or 40B(2) or (3) and primary licence means a licence granted on such an application.

application for a secondary licence means an application under subsection 40(3) or 40B(4) and  secondary licence means a licence granted on such an application.

approved means approved by the Designated Authority.

block means a block constituted as provided by section 17 or 149.

construct includes place and construction has a corresponding meaning.

datum means a reference frame for defining geographic co-ordinates.

Note:          If the position on the surface of the Earth of a particular point is identified by a co-ordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different co-ordinate.

document includes any map, book, record or writing.

facility includes a structure or installation of any kind.

Gas Pipelines Access Law has the same meaning as in subsection 5(1) of the Gas Pipelines Access (Commonwealth) Act 1998.

gas pipelines access legislation has the same meaning as in the Gas Pipelines Access Law.

geographic co-ordinate includes:

                     (a)  a meridian of longitude by itself; and

                     (b)  a parallel of latitude by itself.

good oil-field practice means all those things that are generally accepted as good and safe in the carrying on of exploration for petroleum, or in operations for the recovery of petroleum, as the case may be.

good processing and transport practices means all those things that are generally accepted as good and safe in the processing and storage of petroleum and the preparation of petroleum for transport.

graticular section means a section referred to in section 17.

infrastructure facilities has the meaning given by section 5AAB.

infrastructure licence means an infrastructure licence under Part III.

infrastructure licence area, in relation to an infrastructure licence, means the place in respect of which the infrastructure licence is in force.

infrastructure licensee means the registered holder of an infrastructure licence.

inspector means a person appointed under section 125.

Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003.

lease means a retention lease under Part III.

lease area means the area constituted by the blocks that are the subject of a lease.

lessee means the registered holder of a lease.

licence means a production licence for petroleum under Part III.

licence area means the area constituted by the blocks that are the subject of a licence.

licensee means the registered holder of a licence.

location means a block or blocks in respect of which a declaration under section 37 is in force.

natural resources has the same meaning as in paragraph 4 of Article 77 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.

operation means an activity to which Part III applies.

partly cancelled means:

                     (a)  in relation to a permit or licence—cancelled as to one or more but not all of the blocks the subject of the permit or licence; and

                     (b)  in relation to a pipeline licence—cancelled as to a part of the pipeline the subject of the licence.

partly determined, in relation to a permit or lease, means determined as to one or more but not all of the blocks the subject of the permit or lease.

permit means an exploration permit for petroleum under Part III.

permit area means the area constituted by the blocks that are the subject of a permit.

permittee means the registered holder of a permit.

petroleum means:

                     (a)  any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state;

                     (b)  any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

                     (c)  any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide;

and includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir.

petroleum pool means a naturally occurring discrete accumulation of petroleum.

pipeline means a pipe or system of pipes in an adjacent area for conveying petroleum, whether the petroleum is petroleum recovered from an adjacent area or not, but does not include a pipe or system of pipes:

                     (a)  for returning petroleum to a natural reservoir;

                     (b)  for conveying petroleum for use for the purposes of petroleum exploration operations or operations for the recovery of petroleum;

                     (c)  for conveying petroleum that is to be flared or vented; or

                     (d)  for conveying petroleum from a well, wherever located, to a terminal station in an adjacent area without passing through another terminal station.

pipeline licence means a licence under Part III to construct and operate a pipeline.

pipeline licensee means the registered holder of a pipeline licence.

primary entitlement means:

                     (a)  in relation to a permittee—the number of blocks forming part of a location in the permit area in respect of which that permittee may make an application under subsection 40(1); and

                     (b)  in relation to a lessee—the number of blocks in the lease area in respect of which that lessee may make an application under subsection 40B(2).

pumping station means equipment for pumping petroleum or water and includes any structure associated with that equipment.

Register means a Register kept in pursuance of Division 5 of Part III and the Register, in relation to the Designated Authority in respect of an adjacent area, means the Register so kept by that Designated Authority.

registered holder, in relation to a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority, means the person whose name is for the time being shown in the Register as being the holder of the permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority.

secondary line means a pipe or system of pipes for any purpose referred to in paragraphs (a), (b), (c) and (d) of the definition of pipeline.

special prospecting authority means a special prospecting authority under Part III.

tank station means a tank or system of tanks for holding or storing petroleum and includes any structure associated with that tank or system of tanks.

terminal station means a pumping station, a tank station or a valve station declared to be a terminal station under section 63.

Territory means Territory in which this Act applies or to which this Act extends.

the applied provisions means the provisions applied in accordance with section 9, or the laws and instruments applied in accordance with section 11, as the case may be.

the continental shelf means the continental shelf, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia (including the coast of any island forming part of a State or Territory) or of a Territory.

the Commonwealth Minister means the Minister for the time being administering this Act, and includes another Minister for the time being acting for and on behalf of that Minister.

the Designated Authority, in relation to:

                     (a)  an act, matter, circumstance or thing touching, concerning, arising out of or connected with:

                              (i)  the exploration of the sea-bed or subsoil of an adjacent area, or of part of an adjacent area, for petroleum; or

                             (ii)  the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil; or

                            (iii)  the construction or operation of pipelines in an adjacent area; or

                     (b)  petroleum recovered in an adjacent area;

means the Designated Authority in respect of that adjacent area.

the Joint Authority, in relation to:

                     (a)  an act, matter, circumstance or thing touching, concerning, arising out of or connected with:

                              (i)  the exploration of the sea-bed or subsoil of an adjacent area, or of part of an adjacent area, for petroleum;

                             (ii)  the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil; or

                            (iii)  the construction or operation of pipelines in an adjacent area; or

                     (b)  petroleum recovered in an adjacent area;

means the Joint Authority established by this Act in respect of that adjacent area.

the Registration Fees Act means the Petroleum (Submerged Lands) (Registration Fees) Act 1967.

the relinquished area means:

                     (a)  in relation to a permit, lease or licence that has expired—the area constituted by the blocks in respect of which the permit, lease or licence was in force but has not been renewed; and

                     (b)  in relation to a permit or lease that has been wholly determined or partly determined—the area constituted by the blocks as to which the permit or lease was so determined; and

                     (c)  in relation to a permit or licence that has been wholly cancelled or partly cancelled—the area constituted by the blocks as to which the permit or licence was so cancelled; and

                    (ca)  in relation to a lease that has been wholly cancelled—the area constituted by the blocks in respect of which the lease was in force; and

                    (cb)  in relation to an infrastructure licence that has been surrendered, cancelled or terminated—the place that constituted the infrastructure licence area; and

                     (d)  in relation to a pipeline licence that is no longer in force the part of the adjacent area in which the pipeline was constructed; and

                     (e)  in relation to a pipeline licence that has been wholly cancelled or partly cancelled—the part of the adjacent area in which the pipeline or the part of the pipeline, as the case may be, was constructed; and

                      (f)  in relation to a special prospecting authority or access authority that has been surrendered or cancelled or has expired—the area constituted by the blocks in respect of which that authority was in force.

the Royalty Act means the Petroleum (Submerged Lands) (Royalty) Act 1967.

the State Minister, in relation to a State, means the Minister of the State who is for the time being authorized under the law of the State to perform the functions of a Designated Authority under this Act.

the Northern Territory Minister means the Minister of the Northern Territory who is for the time being authorized under the law of the Northern Territory to perform the functions of a Designated Authority under this Act.

Third Party Access Code means:

                     (a)  the National Third Party Access Code for Natural Gas Pipeline Systems, a copy of which, as agreed by the Council of Australian Governments on 7 November 1997, is set out in Schedule 2 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia; or

                     (b)  if that Code is amended in accordance with Schedule 1 to that Act, that Code as so amended and in force for the time being;

as it applies in the area where the pipeline concerned is situated.

valve station means equipment for regulating the flow of petroleum and includes any structure associated with that equipment.

vessel means a vessel used in navigation, other than air navigation, and includes a barge, lighter or other floating vessel.

water line means a pipe or system of pipes for conveying water in connexion with petroleum exploration operations or operations for the recovery of petroleum.

well means a hole in the sea-bed or subsoil made by drilling, boring or any other means in connexion with exploration for petroleum or operations for the recovery of petroleum, but does not include a seismic shot hole.

wholly cancelled, in relation to a permit, lease, license or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit, lease, licence or pipeline licence.

wholly determined, in relation to a permit or lease, means determined as to all the blocks the subject of the permit or lease.

             (2)  In this Act, a reference to the term of a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority is a reference to the period during which the permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority remains in force and a reference to the date of expiration of a permit, lease, licence, special prospecting authority or access authority is a reference to the day on which the permit, lease, licence, special prospecting authority or access authority ceases to be in force.

             (3)  In this Act, a reference to a year of the term of a permit, lease, licence, infrastructure licence or pipeline licence is a reference to a period of one year commencing on the day on which the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, comes into force or on any anniversary of that day.

             (4)  In this Act, a reference to the renewal, or to the grant of a renewal, of a permit is a reference to the grant of a permit in respect of all or some of the blocks specified in the first-mentioned permit to commence on the day after the date of expiration of the first-mentioned permit or on the day after the date of expiration of the permit granted upon a previous renewal of the first-mentioned permit.

          (4A)  In this Act, a reference to the renewal, or the grant of a renewal, of a lease is a reference to the grant of a lease in respect of the blocks in respect of which the first-mentioned lease was in force to commence on the day after the date of expiration of the first-mentioned lease or on the day after the date of expiration of the lease granted upon a previous renewal of the first-mentioned lease.

             (5)  In this Act, a reference to the renewal, or to the grant of a renewal, of a licence in respect of the blocks specified in the licence is a reference to the grant of a licence in respect of those blocks to commence on the day after the date of expiration of the first-mentioned licence or on the day after the date of expiration of the licence granted upon a previous renewal of the first-mentioned licence.

             (7)  In this Act, a reference to a pipeline includes a reference to a part of a pipeline.

             (8)  In this Act, a reference to a permit, lease, licence, infrastructure licence, pipeline licence or access authority is a reference to the permit, lease, licence, infrastructure licence, pipeline licence or access authority as varied for the time being under this Act.

5A  Adjacent areas

             (1)  For the purposes of this Act, but subject to subsection (2), the adjacent area in respect of a State other than Western Australia is so much of the area described in Schedule 2 under the heading that refers to that State as comprises waters of the sea that:

                     (a)  are not within the outer limits of the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); and

                     (b)  are within the outer limits of the continental shelf.

          (1A)  For the purposes of this Act, but subject to subsections (2) and (10), the adjacent area in respect of Western Australia or the Northern Territory is so much of the area described in Schedule 2 under the heading that refers to that State or Territory as comprises waters of the sea that:

                     (a)  are not within the outer limits of the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); and

                     (b)  are within the outer limits of the continental shelf; and

                     (c)  are not within the Joint Petroleum Development Area.

             (2)  If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, subsections (1) and (1A) continue to have effect as if the breadth of the territorial sea of Australia had continued to be 3 nautical miles.

             (3)  For the purposes of this Act, but subject to subsection (10), the adjacent area in respect of the Territory of Ashmore and Cartier Islands is so much of the area described in Schedule 2 under the heading that refers to that Territory as comprises land and water that:

                     (a)  are within the outer limits of the continental shelf; and

                     (b)  are not within the Joint Petroleum Development Area.

             (4)  This Act, and any Act with which this Act is incorporated, have effect in relation to so much of the adjacent area in respect of the Territory of Ashmore and Cartier Islands as consists of land as though that land were beneath the sea and were portion of the sea-bed and subsoil of that adjacent area.

             (5)  For the purposes of this Act, the adjacent area in respect of Norfolk Island is the area the boundaries of which are:

                     (a)  the coastline at mean low water of Norfolk Island; and

                     (b)  the outer limit of the superjacent waters of the continental shelf adjacent to the coast of Norfolk Island.

             (6)  For the purposes of this Act, the adjacent area in respect of the Territory of Heard Island and McDonald Islands is the area the boundaries of which are:

                     (a)  the coast lines at mean low water of the islands comprising that Territory; and

                     (b)  the outer limit of the superjacent waters of the continental shelf adjacent to the coasts of those islands.

          (6A)  For the purposes of this Act, the adjacent area in respect of the Territory of Christmas Island is the area whose boundaries are:

                     (a)  the coastline at mean low water of Christmas Island; and

                     (b)  the outer limit of the superjacent waters of the continental shelf adjacent to the coast of Christmas Island.

          (6B)  For the purposes of this Act, the adjacent area in respect of the Territory of Cocos (Keeling) Islands comprises the following areas:

                     (a)  the area whose boundaries are:

                              (i)  the coastline at mean low water of the north atoll of the Territory (otherwise called North Keeling Island); and

                             (ii)  the outer limit of the superjacent waters of the continental shelf adjacent to the coast of that Island;

                     (b)  the area whose boundaries are:

                              (i)  the coastlines at mean low water of the remaining islands of the Territory; and

                             (ii)  the outer limit of the superjacent waters of the continental shelf adjacent to the coasts of those islands.

             (7)  For the purposes of this Act, the Coral Sea area is so much of the area to the east of the adjacent area in respect of Queensland as comprises waters of the sea that are within the outer limits of the continental shelf, other than any part of that area that is to the south of the parallel of Latitude 25° South or that is on the landward side of the coastline of any island at mean low water.

Note:          For datum, see section 150M.

             (8)  This Act, and any Act with which this Act is incorporated, apply in relation to the Coral Sea area as if that area were part of the adjacent area in respect of Queensland and references in this Act, and in any Act with which this Act is incorporated, to the adjacent area in respect of a State, shall, in relation to Queensland, be read as including references to the Coral Sea area.

             (9)  For the purposes of subsections (5), (6) and (7), the continental shelf does not include any area of seabed and subsoil that, by virtue of an agreement in force between Australia and another country, is not an area over which Australia exercises sovereign rights.

           (10)  For the purposes of an Act to which this subsection applies, this section has effect as if paragraphs (1A)(c) and (3)(b) were omitted.

           (11)  The regulations may prescribe the Acts to which subsection (10) applies.

5AAA  Effect of changes to, or reassessment of the location of, the baseline of Australia’s territorial sea on permits, leases, licences, infrastructure licences or pipeline licences

             (1)  If:

                     (a)  a petroleum mining instrument has been granted on the basis that an area is within the adjacent area in respect of a State or the Northern Territory; and

                     (b)  there is a change to the baseline of Australia’s territorial sea or, because new data are obtained or existing data are reconsidered, the location of the baseline is reassessed; and

                     (c)  as a result of the change to, or reassessment of the location of, the baseline, the area:

                              (i)  ceases to be within the adjacent area in respect of the State or Territory; and

                             (ii)  falls within the coastal waters of the State or Territory;

this Act applies in relation to the petroleum mining instrument as if the first-mentioned area were still within the adjacent area in respect of the State or Territory.

             (2)  Subsection (1) continues to apply to the area only while the petroleum mining instrument remains in force.

             (3)  If:

                     (a)  a petroleum mining instrument has been granted by a State or the Northern Territory on the basis that an area is within the coastal waters of the State or Territory; and

                     (b)  there is a change to the baseline of Australia’s territorial sea or, because new data are obtained or existing data are reconsidered, the location of the baseline is reassessed; and

                     (c)  as a result of the change to, or reassessment of the location of, the baseline, the area:

                              (i)  ceases to be within the coastal waters of the State or Territory; and

                             (ii)  falls within the adjacent area in respect of the State or Territory;

then, so far as the petroleum mining instrument is concerned, this Act does not apply to the first-mentioned area.

             (4)  Subsection (3) continues to apply to the area only while the petroleum mining instrument granted by the State or the Northern Territory remains in force.

             (5)  In this section:

coastal waters, in relation to a State or the Northern Territory, means so much of the area off the coast of the State or Territory that is described in Schedule 2 as is constituted by:

                     (a)  the first 3 nautical miles of the territorial sea from the baseline; and

                     (b)  any waters that are within the baseline and not within the limit of the State or Territory.

petroleum mining instrument means a permit, lease, licence, infrastructure licence or pipeline licence.

5AAB  Infrastructure facilities

             (1)  In this Act:

infrastructure facilities means facilities for engaging in any of the activities mentioned in subsection (2), being:

                     (a)  facilities that are resting on the seabed; or

                     (b)  facilities (including facilities that are floating) that are fixed or connected to the seabed; or

                     (c)  facilities that are attached or tethered to facilities referred to in paragraph (a) or (b).

             (2)  The activities referred to in subsection (1) are the following:

                     (a)  remote control of facilities used for the recovery of petroleum in a licence area;

                     (b)  processing petroleum recovered in any place, including:

                              (i)  converting petroleum into another form by physical or chemical means or both (for example, converting it into liquefied natural gas or methanol); and

                             (ii)  partial processing of petroleum (for example, by the removal of water);

                     (c)  storing petroleum before it is transported to another place;

                     (d)  preparing petroleum (for example, by operations such as pumping or compressing) for transport to another place;

                     (e)  activities related to any of the above;

but, except as mentioned in paragraph (a), do not include engaging in the exploration for, or recovery of, petroleum.

5AA  Definitions relating to occupational health and safety

                   Expressions in Schedule 7 have the meanings defined in Part 1 of that Schedule.

6  Spaces above and below adjacent areas

                   For the purposes of this Act and the regulations:

                     (a)  the space above or below an adjacent area shall be deemed to be in that area; and

                     (b)  the space above or below an area that is part of an adjacent area shall be deemed to be in that part.

6A  Petroleum pool extending into two licence areas

             (1)  The provisions of this section have effect for the purposes of this Act (including any Act with which this Act is incorporated) and of licences (whether granted before or after the commencement of this section).

             (2)  Where a well-head is situated in a licence area and the well from that well-head is inclined so as to enter a petroleum pool, being a pool that does not extend to that licence area, at a place within an adjoining licence area of the same licensee, any petroleum recovered through that well shall be deemed to have been recovered in that adjoining licence area under the licence in respect of that area.

             (3)  Where a petroleum pool is partly in one licence area and partly in an adjoining licence area of the same licensee (whether in the same adjacent area or not) and petroleum is recovered from that pool through a well or wells in one or both of the licence areas, there shall be deemed to have been recovered in each of the licence areas, under the licence in respect of that area, such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and the respective proportions shall be determined in accordance with subsection (4).

             (4)  The proportions to be determined for the purposes of subsection (3) may be determined by agreement between the licensee and the Joint Authority or, in the absence of agreement, by the Supreme Court of a State on the application of the licensee or the Joint Authority.

             (5)  Where a petroleum pool is partly in a licence area and partly in an area (in this subsection referred to as the State licence area) in which the licensee has authority under the law of a State to explore for, or recover, petroleum, and petroleum is recovered from that pool through a well or wells in the licence area, the State licence area or both, there shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and that proportion shall be determined in accordance with subsection (6).

             (6)  The proportion to be determined for the purposes of subsection (5) may be determined by agreement between the licensee, the Joint Authority and the State Minister administering the law of the State corresponding to this Act or, in the absence of agreement, may be determined by the Supreme Court of a State on the application of the licensee, the Joint Authority or that State Minister.

             (7)  Where:

                     (a)  a petroleum pool is partly in a licence area and partly in another area, whether in the adjacent area or not, in respect of which another person has authority, whether under this Act or under the law of a State, to explore for or recover petroleum;

                     (b)  a unit development agreement in accordance with section 59 is in force between the licensee and that other person; and

                     (c)  petroleum is recovered from that pool through a well or wells in the licence area, the other area or both;

there shall be deemed to have been recovered in that licence area such proportion of all petroleum so recovered as is specified in, or determined in accordance with, the agreement.

             (8)  In this section:

                     (a)  a reference to a licence, a licensee or a licence area shall be read as including a reference to a permit and a lease, a permittee and a lessee or a permit area and a lease area;

                     (b)  a reference to a State shall be read as including a reference to the Northern Territory; and

                     (c)  a reference to the Supreme Court of a State shall be read as a reference to the Supreme Court of the State, or of one of the States, in the adjacent area in respect of which the petroleum pool is wholly or partly situated.

7  Extension to certain Territories

                   This Act extends to the following Territories:

                     (a)  Norfolk Island;

                     (b)  the Territory of Christmas Island;

                     (c)  the Territory of Cocos (Keeling) Islands;

                     (d)  the Territory of Ashmore and Cartier Islands;

                     (e)  the Territory of Heard Island and McDonald Islands.

8  Application of Act

                   This Act applies to all natural persons, whether Australian citizens or not, and whether resident in the Commonwealth or a Territory or not, and to all corporations, whether incorporated or carrying on business in the Commonwealth or a Territory or not.

8AA  Act to apply subject to international obligations

                   The provisions of this Act relating to pipelines referred to in subsection 65(2A) have effect subject to the obligations of Australia under international law, including obligations under any agreement between Australia and any other country or countries.

 

8AB  Application of the Criminal Code

             (1)  Subject to subsection (2), Chapter 2 of the Criminal Code applies to all offences created by this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  Part 2.5 of the Criminal Code does not apply to offences created by Schedule 7 to this Act.


 

Part IAThe Joint Authorities

8A  Establishment of Joint Authorities

             (1)  For the purposes of this Act, there is established in respect of the adjacent area in respect of each State a Joint Authority consisting of the Commonwealth Minister and the State Minister.

             (2)  The Joint Authority in respect of the adjacent area in respect of New South Wales shall be known as the Commonwealth–New South Wales Off-shore Petroleum Joint Authority, and the Joint Authority in respect of the adjacent area in respect of each other State shall have a corresponding name.

             (3)  For the purposes of this Act, there is established in respect of the adjacent area in respect of the Northern Territory a Joint Authority consisting of the Commonwealth Minister and the Territory Minister, and that Joint Authority shall be known as the Commonwealth–Northern Territory Off-shore Petroleum Joint Authority.

8B  Acting Ministers

             (1)  The functions and powers of the Commonwealth Minister under this Part, including his functions and powers as a member of a Joint Authority, may be performed and exercised by another Minister of the Commonwealth acting for and on behalf of the Commonwealth Minister, and references in this Part to the Commonwealth Minister or to the members of a Joint Authority shall be read as including references to a Minister so acting.

             (2)  The functions and powers of the State Minister of a State or of the Northern Territory Minister under this Part as a member of a Joint Authority may be performed and exercised by a Minister of the State or of the Northern Territory acting for and on behalf of the State Minister or the Northern Territory Minister, and references in this Part to the State Minister, the Northern Territory Minister or the Members of a Joint Authority shall be read as including references to a Minister so acting.

8C  Functions of Joint Authorities

                   A Joint Authority has such functions as are conferred on it by this Act in relation to the operation of this Act in respect of the adjacent area in respect of which the Joint Authority is established.

8D  Procedure of Joint Authorities

             (1)  The business of a Joint Authority may be conducted at meetings of the Joint Authority or by written or other communication between the members of the Joint Authority.

             (2)  If the members of a Joint Authority disagree with respect to the decision to be made on a matter within the functions of the Joint Authority or the State Minister or the Northern Territory Minister (as the case may be) has not stated to the Commonwealth Minister his opinion as to the decision to be made on such a matter after having been given by the Commonwealth Minister not less than 30 days notice in writing of the opinion of the Commonwealth Minister as to the decision that should be made on the matter, the Commonwealth Minister may decide the matter and that decision shall have effect as the decision of the Joint Authority.

             (3)  A reference in this Act to the opinion or state of mind of the Joint Authority shall be read as a reference to the opinion or state of mind of the 2 members of the Joint Authority or, in the event of their disagreement, the opinion or state of mind of the Commonwealth Minister.

             (4)  The Designated Authority shall cause written records to be kept of the decisions of a Joint Authority and such a record, if signed by a person who was a member of the Joint Authority at the time of the decision, is prima facie evidence that the decision, as recorded, was duly made.

             (5)  A document signed, on behalf of the Joint Authority, by the Designated Authority shall be deemed to be duly executed by the Joint Authority and, unless the contrary is proved, shall be deemed to be in accordance with a decision of the Joint Authority.

             (6)  All communications to or by the Joint Authority shall be made through the Designated Authority.

             (7)  All courts shall take judicial notice of the signature of a person who is or has been a member of a Joint Authority and of the fact that he is, or was at a particular time, such a member.

             (8)  In this section, court includes any Federal or State court or a court of a Territory and all persons authorized by the law of the Commonwealth, of a State, or of a Territory or by consent of parties to receive evidence.

8F  Notification by Designated Authority of decisions by Joint Authority

                   Where, under this Act, any instrument is required or permitted to be executed or issued by the Joint Authority or any action is required or permitted to be taken by the Joint Authority by way of notification, communication or service of any matter or instrument, that instrument shall be executed or issued, or that action shall be taken, by the Designated Authority on behalf of the Joint Authority in accordance with a decision of the Joint Authority and, for the purposes of any proceedings, any instrument executed or issued by the Designated Authority, or any action taken by the Designated Authority by way of notification, communication or service of any matter or instrument, purporting to be executed, issued or taken on behalf of the Joint Authority, shall, unless the contrary is proved, be deemed to be in accordance with a decision of the Joint Authority.

8G  Certain Territories

             (1)  The Designated Authority in respect of the adjacent area in respect of a Territory referred to in section 7 has, and may perform and exercise, in relation to that adjacent area, all the functions and powers conferred by this Act, or by an Act with which this Act is incorporated, upon the Joint Authority in respect of the adjacent area in respect of a State and, for the purpose of the performance of those functions and the exercise of those powers by that Designated Authority:

                     (a)  a reference in this Act other than in this Part, or in an Act with which this Act is incorporated, to the Joint Authority in respect of an adjacent area shall be read as a reference to that Designated Authority; and

                     (b)  a reference in this Act other than in this section, or in an Act with which this Act is incorporated, to a State in relation to which the Joint Authority in respect of an adjacent area is established shall be read as a reference to that Territory.

             (2)  The provisions of this Part, other than this section, have no application in relation to the adjacent area in respect of a Territory referred to in section 7.

8H  Delegation

             (1)  Subject to this section, a Joint Authority may, by instrument in writing, delegate its powers under this Act, or under an Act that incorporates this Act, to two persons together.

             (2)  An instrument of delegation under this section:

                     (a)  must specify one person as representing the Commonwealth Minister; and

                     (b)  must specify the other person as representing the State Minister or Northern Territory Minister of the Joint Authority; and

                     (c)  must be signed by both members of the Joint Authority.

          (2A)  Without limiting subsection (2), the delegation may be made to any person from time to time holding, occupying or performing the duties of a specified office or position.

             (3)  Where a delegation is made under this section, subsections 8D(2) and (3) do not apply.

             (4)  Where the delegates are unable to agree on a matter requiring decision, they must refer the matter to the Joint Authority.

             (5)  In the application to the delegates of a provision of this Act containing a reference to the opinion or state of mind of the Joint Authority, the reference is to be read as a reference to the opinion or state of mind of the two delegates of the Joint Authority unless they disagree.

 


 

Part IIApplication of laws

9  Application of laws in areas adjacent to States

             (1)  Subject to this Act and the regulations, the provisions of the laws, whether written or unwritten, in force in a State for the time being (other than laws of the Commonwealth) and the provisions of any instrument having effect under any of those laws, apply, as provided by this section, in the adjacent area and so apply as if that area were part of that State and of the Commonwealth.

          (1A)  Subject to section 73, if the gas pipelines access legislation of a State is not in force, whether with or without modifications, in the area referred to in subsection (1B), then, in spite of any law that is in force as a law of the Commonwealth in the adjacent area in respect of the State because of subsection (1), the Gas Pipelines Access (Commonwealth) Act 1998 applies as a law of the Commonwealth in that adjacent area.

          (1B)  For the purposes of subsection (1A), the area referred to in this subsection in relation to a State is the part of the area described in Schedule 2 under the heading that refers to that State that is on the landward side of the adjacent area in respect of that State.

             (2)  The laws referred to in subsection (1) do not include laws that are substantive criminal laws, or laws of criminal investigation, procedure and evidence, within the meaning of Schedule 1 to the Crimes at Sea Act 2000, but nothing in this Act derogates from the operation of that Act.

Applied laws do not include State OHS laws

          (2A)  Despite subsection (1), the laws or parts of laws of a State, as in force from time to time, that are prescribed in the regulations in relation to that State do not apply in relation to a facility located in the adjacent area of that State.

          (2B)  Laws or parts of laws prescribed under subsection (2A) must be laws or parts of laws with respect to occupational health and safety.

State OHS laws do not apply of their own force in adjacent areas

          (2C)  The laws or parts of laws, as in force from time to time, that are prescribed in regulations made under subsection (2A) in relation to a State do not apply by force of the law of that State in relation to a facility located in the adjacent area of that State.

Substantive criminal provisions of State OHS laws are not applied by Crimes at Sea Act 2000 in adjacent areas

          (2D)  Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws or parts of laws of a State that are referred to in those subclauses and that are prescribed in the regulations in relation to that State do not apply in relation to a facility located in the adjacent area in respect of that State either:

                     (a)  by force of the law of the State; or

                     (b)  by force of subclause 2(2) of that Schedule.

           (2E)  Laws or parts of laws prescribed under subsection (2D) must be laws or parts of laws relating to occupational health and safety.

           (2F)  Laws or parts of laws of a State that are prescribed for the purposes of subsection (2A) or (2D) may be laws or parts of laws that relate to occupational health and safety and to other matters.

          (2G)  A reference in subsections (2A) to (2F) to a law or a part of a law of a State includes a reference to an instrument or a part of an instrument made under a law of a State.

Substantive criminal provisions of State section 140H OHS laws are not applied by Crimes at Sea Act 2000 in adjacent areas.

          (2H)  Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws to which subsection (2I) applies do not apply in relation to a facility located in the adjacent area of the relevant State, either:

                     (a)  by force of the law of that State; or

                     (b)  by force of subclause 2(2) of that Schedule.

            (2I)  This subsection applies to provisions of a State PSLA, or of regulations under a State PSLA, that substantially correspond to the terms of the section 140H OHS laws.

             (3)  A law shall be taken to be a law in force in a State notwithstanding that that law applies to part only of the State.

             (4)  The provisions referred to in subsection (1) apply in relation to all acts, omissions, matters, circumstances and things touching, concerning, arising out of or connected with:

                     (a)  the exploration of the sea-bed or subsoil of the adjacent area for petroleum, and the exploitation of the natural resources (consisting of petroleum) of that sea-bed or subsoil; or

                     (b)  the conveyance of petroleum (wherever recovered) across the adjacent area.

             (5)  Without limiting the operation of subsection (4), the provisions referred to in subsection (1) apply:

                     (a)  to and in relation to:

                              (i)  an act or omission that takes place in, on, above, below or in the vicinity of; and

                             (ii)  a matter, circumstance or thing that exists or arises with respect to or in connection with;

                            a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for any reason touching, concerning, arising out of or connected with:

                            (iii)  the exploration of the sea-bed or subsoil of the adjacent area for petroleum, or the exploitation of the natural resources (consisting of petroleum) of that sea-bed or subsoil; or

                            (iv)  the conveyance of petroleum (wherever recovered) across the adjacent area;

                     (b)  to and in relation to a person who:

                              (i)  is in the adjacent area for a reason of the kind referred to in paragraph (a); or

                             (ii)  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 the kind referred to in paragraph (a); and

                     (c)  to and in relation to a person in respect of his carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (a).

             (6)  This section does not:

                     (a)  give to the provisions of a law of a State an operation, as law of the Commonwealth, that they would not have, as law of the State, if the adjacent area were within the part of the area described in Schedule 2 under the heading that refers to that State that is on the landward side of the adjacent area;

                     (b)  extend to the provisions of any law or instrument in so far as those provisions, as applied by this Act, would be inconsistent with a law of the Commonwealth, including this Act;

                     (c)  apply so as to impose any tax;

                     (d)  apply so as to confer or purport to confer any part of the judicial power of the Commonwealth on a court, tribunal, authority or officer of a State; or

                     (e)  apply so as to purport to confer on a court of a State any power that cannot, under the Constitution, be conferred by the Parliament on such a Court.

             (7)  This section does not limit the operation that any law or instrument has apart from this section.

             (8)  The regulations may provide that such of the provisions referred to in subsection (1) as are specified in the regulations do not apply by reason of this section or so apply with such modifications as are specified in the regulations.

             (9)  For the purposes of subsection (8), modification includes the omission or addition of a provision or the substitution of a provision for another provision.

           (10)  Notwithstanding anything in this section or in section 10, the regulations that may be made for the purposes of subsection (8) include regulations having the effect that provisions as modified by the regulations make provision for and in relation to investing a court of a State with federal jurisdiction.

           (11)  If this section provides that laws or parts of laws do not apply in relation to a facility located in a particular adjacent area of a State, those laws or parts of laws do not apply in relation to:

                     (a)  a facility that is so located; or

                     (b)  persons at or near a facility that is so located; or

                     (c)  activities that take place on a facility that is so located.

           (12)  In this section:

facility has the same meaning as in Schedule 7.

section 140H OHS laws has the same meaning as in section 140H.

State PSLA has the same meaning as it has for the purposes of Part IIIC.

10  Jurisdiction of State courts

             (1)  Except as otherwise prescribed, the several courts of a State are invested with federal jurisdiction in all matters arising under the applied provisions having effect in accordance with section 9 in the adjacent area.

             (2)  The jurisdiction with which courts are invested by subsection (1) is invested within the limits, other than limits having effect by reference to localities of their several jurisdictions (whether those limits are as to subject-matter or otherwise).

11  Application of laws in areas adjacent to Territories

             (1)  Subject to this Act, the laws, whether written or unwritten, in force in a Territory for the time being (other than laws of the Commonwealth), and any instrument having effect under any of those laws, apply, as provided by this section, in the adjacent area and so apply as if that area were part of that Territory.

          (1A)  Subject to section 73, if the gas pipelines access legislation of the Northern Territory is not in force, whether with or without modifications, in the area referred to in subsection (1B), then, in spite of any law that is in force as a law of the Commonwealth in the adjacent area in respect of the Territory because of subsection (1), the Gas Pipelines Access (Commonwealth) Act 1998 applies as a law of the Commonwealth in that adjacent area.

          (1B)  For the purposes of subsection (1A), the area referred to in this subsection in relation to the Northern Territory is the part of the area described in Schedule 2 under the heading that refers to that Territory that is on the landward side of the adjacent area in respect of that Territory.

             (2)  The laws referred to in subsection (1) do not include laws that are substantive criminal laws, or laws of criminal investigation, procedure and evidence, within the meaning of Schedule 1 to the Crimes at Sea Act 2000, but nothing in this Act derogates from the operation of that Act.

Applied laws do not include Northern Territory OHS laws

          (2A)  Despite subsection (1), the laws or parts of laws of the Northern Territory, as in force from time to time, that are prescribed in the regulations in relation to that Territory do not apply in relation to a facility located in the adjacent area of that Territory.

          (2B)  Laws or parts of laws prescribed under subsection (2A) must be laws or parts of laws with respect to occupational health and safety.

Northern Territory OHS laws do not apply of their own force in the adjacent area in respect of the Northern Territory

          (2C)  The laws or parts of laws, as in force from time to time, that are prescribed in regulations made under subsection (2A) in relation to the Northern Territory do not apply by force of the law of that Territory in relation to a facility located in the adjacent area of that Territory.

Substantive criminal provisions of Northern Territory OHS laws are not applied by Crimes at Sea Act 2000 in the adjacent area

          (2D)  Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws or parts of laws of the Northern Territory that are referred to in those subclauses and that are prescribed in the regulations in relation to that Territory do not apply in relation to a facility located in the adjacent area of that Territory either:

                     (a)  by force of the law of that Territory; or

                     (b)  by force of subclause 2(2) of that Schedule.

           (2E)  Laws or parts of laws prescribed under subsection (2D) must be laws or parts of laws relating to occupational health and safety.

           (2F)  Laws or parts of laws of the Northern Territory that are prescribed for the purposes of subsection (2A) or (2D) may be laws or parts of laws that relate to occupational health and safety and to other matters.

          (2G)  A reference in subsections (2A) to (2F) to a law or a part of a law of the Northern Territory includes a reference to an instrument or a part of an instrument made under a law of the Northern Territory.

Substantive criminal provisions of the Northern Territory section 140H OHS laws are not applied by Crimes at Sea Act 2000 in adjacent area.

          (2H)  Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws to which subsection (2I) applies do not apply in relation to a facility located in the adjacent area of the Northern Territory, either:

                     (a)  by force of the law of that Territory; or

                     (b)  by force of subclause 2(2) of that Schedule.

            (2I)  This subsection applies to provisions of the Territory PSLA, or of regulations under that PSLA, that substantially correspond to the terms of the section 140H OHS laws.

Northern Territory OHS laws do not apply in the adjacent area of Ashmore and Cartier Islands

           (2J)  The laws or parts of laws that are prescribed in the regulations made under subsection (2A) in relation to the Northern Territory do not apply in relation to a facility located in the adjacent area of the Territory of Ashmore and Cartier Islands either:

                     (a)  by force of the Ashmore and Cartier Islands Acceptance Act 1933; or

                     (b)  by force of subsection (1) of this section.

Note 1:       Laws in force in the Northern Territory (except Commonwealth Acts) are applied in the Territory of Ashmore and Cartier Islands by the Ashmore and Cartier Islands Acceptance Act 1933.

Note 2:       The adjacent area of Ashmore and Cartier Islands includes land areas and the coastal sea area.

Substantive criminal provisions of Northern Territory OHS laws are not applied by Crimes at Sea Act 2000 in the adjacent area of Ashmore and Cartier Islands

          (2K)  Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws or parts of laws of the Northern Territory that are referred to in those subclauses and that are prescribed in the regulations under subsection (2D) in relation to that Territory do not apply in relation to a facility located in the adjacent area of the Territory of Ashmore and Cartier Islands, either:

                     (a)  by force of the Ashmore and Cartier Islands Acceptance Act 1933; or

                     (b)  by force of subclause 2(2) of that Schedule.

Note:          Laws in force in the Northern Territory (except Commonwealth Acts) are applied in the Territory of Ashmore and Cartier Islands by the Ashmore and Cartier Islands Acceptance Act 1933.

Substantive criminal provisions of Northern Territory section 140H OHS laws are not applied by Crimes at Sea Act 2000 in the adjacent area of Ashmore and Cartier Islands

           (2L)  Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws to which subsection (2I) applies do not apply in relation to a facility located in the adjacent area of the Territory of Ashmore and Cartier Islands, either:

                     (a)  by force of the Ashmore and Cartier Islands Acceptance Act 1933; or

                     (b)  by force of subclause 2(2) of that Schedule.

             (3)  A law shall be taken to be a law in force in a Territory notwithstanding that that law applies to part only of that Territory.

             (4)  The provisions referred to in subsection (1) apply in relation to all acts, omissions, matters, circumstances and things touching, concerning, arising out of or connected with:

                     (a)  the exploration of the sea-bed or subsoil of the adjacent area for petroleum, or the exploitation of the natural resources (consisting of petroleum) of that sea-bed or subsoil; or

                     (b)  the conveyance of petroleum (wherever recovered) across the adjacent area.

             (5)  Without limiting the operation of subsection (4), the laws and instruments referred to in subsection (1) apply:

                     (a)  to and in relation to:

                              (i)  an act or omission that takes place in, on, above, below or in the vicinity of; and

                             (ii)  a matter, circumstance or thing that exists or arises with respect to or in connection with;

                            a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for any reason touching, concerning, arising out of or connected with:

                            (iii)  the exploration of the sea-bed or subsoil of the adjacent area for petroleum, or the exploitation of the natural resources (consisting of petroleum) of that sea-bed or subsoil; or

                            (iv)  the conveyance of petroleum (wherever recovered) across the adjacent area;

                     (b)  to and in relation to a person who:

                              (i)  is in the adjacent area for a reason of the kind referred to in paragraph (a); or

                             (ii)  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 the kind referred to in paragraph (a); and

                     (c)  to and in relation to a person in respect of his carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (a).

             (6)  This section does not:

                     (a)  give to the provisions of a law of the Northern Territory an operation, as law of the Commonwealth, that they would not have, as law of the Territory, if the adjacent area were within the part of the area described in Schedule 2 under the heading that refers to that Territory that is on the landward side of the adjacent area;

                     (b)  extend to the provisions of any law or instrument in so far as those provisions, as applied by this Act, would be inconsistent with a law of the Commonwealth, including this Act;

                     (c)  apply so as to impose any tax;

                     (d)  apply so as to appropriate any public moneys of a Territory; or

                     (e)  apply so as to confer or purport to confer any part of the judicial power of the Commonwealth on a court, tribunal, authority or officer of a Territory.

             (7)  This section does not limit the operation that any law or instrument has apart from this section.

             (8)  The regulations may provide that such of the laws or instruments referred to in subsection (1) as are specified in the regulations do not apply by reason of this section or so apply with such modifications as are specified in the regulations.

             (9)  For the purposes of subsection (8), modification includes the omission or addition of a provision or the substitution of a provision for another provision.

           (10)  If this section provides that laws or parts of laws do not apply, in relation to a facility located in the adjacent area of the Northern Territory or of the Territory of Ashmore and Cartier Islands, those laws or parts of laws do not apply in relation to:

                     (a)  a facility that is so located; or

                     (b)  persons at or near a facility that is so located; or

                     (c)  activities that take place on a facility that is so located.

           (11)  In this section:

facility has the same meaning as in Schedule 7.

section 140H OHS laws has the same meaning as it has in section 140H.

Territory PSLA has the same meaning as it has for the purposes of Part IIIC.

11A  Disapplication of the Navigation Act 1912 and the Occupational Health and Safety (Maritime Industry) Act 1993 in adjacent areas

Disapplication of Maritime legislation

             (1)  The Maritime legislation does not apply in relation to a facility located in the adjacent area of a State or Territory, while it is a facility.

Note:          Instead, a facility located in the adjacent area of a State or Territory will be covered by the occupational health and safety laws that are referred to in section 140H.

Joint operation of this Act and Maritime legislation otherwise disapplied

             (2)  However, subsection (1) does not prevent the application of the Maritime legislation to the extent that it relates to the transfer of persons or goods between a ship and a facility.

Note:          In these cases, the Maritime legislation will generally apply in addition to the occupational health and safety laws that are referred to in section 140H.

             (3)  In this section:

facility has the same meaning as in Schedule 7.

Maritime legislation means:

                     (a)  the Navigation Act 1912; and

                     (b)  the Occupational Health and Safety (Maritime Industry) Act 1993; and

                     (c)  any subordinate legislation under either of those Acts.

ship means any kind of vessel used in navigation by water, however propelled or moved, that is not, for the time being, a facility or part of a facility.

11B  Disapplication of the Navigation Act 1912 and the Occupational Health and Safety (Maritime Industry) Act 1993 in designated coastal waters in certain circumstances

             (1)  This section applies in relation to the designated coastal waters of a State or of the Northern Territory if the relevant State or Territory PSLA and regulations under the relevant State or Territory PSLA, in their application to those designated coastal waters, substantially correspond to the terms of the section 140H OHS laws.

             (2)  The Maritime legislation is disapplied in those designated coastal waters to the same extent as the Maritime legislation is disapplied in the adjacent area.

             (3)  In this section:

designated coastal waters, in relation to a State or the Northern Territory, has the same meaning as it has for the purposes of Part IIIC.

Maritime legislation has the same meaning as it has in section 11A.

State PSLA has the same meaning as it has for the purposes of Part IIIC.

Territory PSLA has the same meaning as it has for the purposes of Part IIIC.

12  Jurisdiction of Territory courts

             (1)  Jurisdiction is conferred on the several courts having jurisdiction in a Territory in all matters arising under the applied provisions having effect in accordance with section 11 in the adjacent area.

             (2)  The jurisdiction conferred on courts by subsection (1) is conferred within the limits, other than limits having effect by reference to localities, of their several jurisdictions, whether those limits are as to subject-matter or otherwise.

13  Parts III and IV not affected by this Part

                   Parts III and IV have effect notwithstanding anything in this Part.

 


 

Part IIIMining for petroleum

Division 1Preliminary

14  Designated Authorities

             (1)  For the purposes of this Act, there shall be, in respect of each adjacent area, a Designated Authority.

             (2)  The Designated Authority in respect of the adjacent area in respect of a State is the State Minister.

             (3)  The functions and powers of a State Minister as Designated Authority may be performed and exercised by another State Minister acting for and on behalf of that Minister.

             (4)  The Designated Authority in respect of the adjacent area in respect of a Territory referred to in section 7 is the Minister.

             (5)  The Designated Authority in respect of the adjacent area in respect of the Northern Territory is the Northern Territory Minister.

             (6)  The functions and powers of the Northern Territory Minister as Designated Authority may be performed and exercised by another Northern Territory Minister acting for and on behalf of that Minister.

15  Delegation

             (1)  A Designated Authority may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Act (including the Acts with which this Act is incorporated) or the regulations, other than this power of delegation.

             (2)  A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, or of an Act with which this Act is incorporated or the regulations, be deemed to have been exercised by the Designated Authority.

             (3)  A delegation under this section may be expressed as a delegation to the person for the time being holding, or performing the duties of, a specified office under the Commonwealth, a State or a Territory.

             (4)  A delegation under this section made by a person holding an office of Designated Authority continues in force notwithstanding a vacancy in that office or change in the identity of the holder of that office, but such a delegation may be revoked by the same or a subsequent holder of that office.

             (5)  A delegation under this section does not prevent the exercise of a power by the Designated Authority.

             (6)  A copy of each instrument making, varying or revoking a delegation under this section shall be published in the Gazette.

17  Graticulation of Earth’s surface and constitution of blocks

             (1)  For the purposes of this Act, the surface of the Earth shall be deemed to be divided:

                     (a)  by the meridian of Greenwich and by meridians that are at a distance from that meridian of 5 minutes, or a multiple of 5 minutes, of longitude; and

                     (b)  by the equator and by parallels of latitude that are at a distance from the equator of 5 minutes, or a multiple of 5 minutes, of latitude;

into sections, each of which is bounded:

                     (c)  by portions of 2 of those meridians that are at a distance from each other of 5 minutes of longitude; and

                     (d)  by portions of 2 of those parallels of latitude that are at a distance from each other of 5 minutes of latitude.

             (2)  For the purposes of this Act:

                     (a)  a graticular section that is wholly within an adjacent area constitutes a block; and

                     (b)  if a part only of a graticular section is, or parts only of a graticular section are, within an adjacent area, the area of that part, or of those parts, constitutes a block.

             (3)  In this Act:

                     (a)  a reference to a block that is constituted by a graticular section includes a reference to a block that is constituted by the area of a part only, or by the areas of parts only, of a graticular section; and

                     (b)  a reference to a graticular section that constitutes a block includes a reference to a graticular section part only of which constitutes, or parts only of which constitute, a block.

Note:          For datum, see section 150M.

18  Reservation of blocks

             (1)  The Joint Authority may, by instrument published in the Gazette, declare that a block specified in the instrument (not being a block in respect of which a permit, lease, licence or infrastructure licence is in force or over or in which there is a pipeline) shall not be the subject of a permit, lease, licence, infrastructure licence, special prospecting authority or access authority and that a pipeline licence shall not be granted in respect of a pipeline over or in that block.

             (2)  While a declaration under subsection (1) remains in force in respect of a block, a permit, lease, licence, infrastructure licence, special prospecting authority or access authority shall not be granted in respect of that block and a pipeline licence shall not be granted in respect of a pipeline over or in that block.

 


 

Division 2Exploration permits for petroleum

19  Exploration for petroleum

             (1)  A person shall not explore for petroleum in an adjacent area except:

                     (a)  under and in accordance with a permit; or

                     (b)  as otherwise permitted by this Part.

Penalty:  Imprisonment for 5 years.

             (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.

20  Advertisement of blocks

             (1)  The Joint Authority may, by instrument published in the Gazette:

                     (a)  invite applications for the grant by the Joint Authority 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.

          (1A)  A block that has been specified in an instrument under subsection 22A(1) inviting applications for the grant of a permit in respect of the block shall not be specified in an instrument under subsection (1) of this section at any time during the period specified in the first-mentioned instrument.

             (2)  The Joint Authority may, for reasons that it thinks sufficient, in an instrument under subsection (1), direct that subsection 21(2) or (3) does not apply, or that both of those subsections do not apply, to or in relation to the applications.

21  Application for permit

             (1)  An application under section 20:

                     (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 his 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 to be considered; 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 one other graticular section in that area.

             (4)  The Designated Authority may, at any time, by instrument in writing served on the applicant, require him to furnish, within the time specified in the instrument, further information in writing in connexion with his application.

21A  Where 2 or more applications are made in respect of the same block or blocks

             (1)  This section applies if 2 or more applications have been made under section 20 for the grant of a permit in respect of the same block or blocks.

             (2)  The Joint Authority may grant the permit to whichever applicant, in the Authority’s opinion, is most deserving of the grant of the permit having regard to criteria made publicly available by the Authority.

             (3)  For the purposes of subsection (2), the Authority may rank the applicants in the order in which they are deserving of the grant, the most deserving applicant being ranked highest.

             (4)  The Joint Authority may exclude from the ranking any applicant that, in the Authority’s opinion, is not deserving of the grant of the permit.

             (5)  If the Joint Authority is of the opinion that, after considering the information accompanying the applications, 2 or more of the applicants are equally deserving of the grant of the permit, the Authority may, by written notice served on each of those applicants, invite them to give to the Authority, within a period stated in the notice, particulars of the applicant’s proposals for additional work and expenditure in respect of the block or blocks specified in the application, being particulars that the Authority considers to be relevant in determining which of the applicants is most deserving of the grant of the permit.

             (6)  If any particulars are given by applicants to the Joint Authority in accordance with the invitations contained in the notices served under subsection (5), the Authority must have regard to the particulars in determining whichever of the applicants is most deserving of the grant of the permit.

22  Grant or refusal of permit in relation to application

             (1)  Where an application has been made under section 20, the Joint Authority may:

                     (a)  by instrument in writing served on the applicant, inform the applicant that it 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 one month after the date of service of the instrument on him, or within such further period, not exceeding one month, as the Designated Authority, on application in writing served on him before the expiration of the first-mentioned period of one month, allows, by instrument in writing served on the Designated Authority, request the Joint Authority to grant to the applicant the permit referred to in the first-mentioned 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 Joint Authority shall grant to him 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.

22AA  Withdrawal by a joint applicant

                   If:

                     (a)  an application made under section 20 for the grant of a permit was a joint application; and

                     (b)  all of the joint applicants, by written notice served on the Joint Authority, tell the Authority that one or more, but not all, of them, as specified in the notice, withdraw from the application;

the following paragraphs have effect:

                     (c)  the application continues in force as if it had been made by the remaining applicant or applicants;

                     (d)  if the Joint Authority had informed the joint applicants that it was prepared to grant to the applicants a permit in respect of the block or blocks to which the application relates—the Joint Authority is taken not to have so informed the applicants.

22AB  Withdrawal of application

                   The person who has made, or all the persons who have jointly made, an application under section 20 for the grant of a permit may, by written notice served on the Joint Authority, withdraw the application at any time before a permit is granted in respect of the application.

22AC  Effect of withdrawal or lapse of application

                   If:

                     (a)  2 or more applications have been made under section 20 for the grant of a permit in respect of the same block or blocks; and

                     (b)  one or more, but not all, of the applications are withdrawn or have lapsed;

the following paragraphs have effect:

                     (c)  the withdrawn or lapsed application or applications are taken not to have been made;

                     (d)  if the Joint Authority had informed the applicant or one of the applicants whose application had been withdrawn or had lapsed that it was prepared to grant to that applicant a permit in respect of the block or blocks—the Joint Authority is taken not to have so informed the applicant concerned;

                     (e)  if the applicant or one of the applicants whose application had been withdrawn had requested the Joint Authority under subsection 22(3) to grant a permit to the applicant concerned—the request is taken not to have been made;

                      (f)  if the Joint Authority had refused to grant a permit to the remaining applicant or to any of the remaining applicants—the refusal or refusals are taken not to have occurred.

22A  Application for permits by way of cash bidding

             (1)  The Joint Authority may, by instrument published in the Gazette, invite applications by way of cash bidding for the grant by the Joint Authority of a permit in respect of the block or blocks specified in the instrument.

             (2)  A block that has been specified in an instrument under subsection 20(1) inviting applications for the grant of a permit in respect of the block shall not be specified in an instrument under subsection (1) of this section at any time during the period specified in the first-mentioned instrument.

             (3)  An instrument published under subsection (1) shall:

                     (a)  specify a period within which applications may be made;

                     (b)  state whether the permit to be granted will be able to be renewed;

                     (c)  contain a summary of the conditions subject to which the permit is to be granted; and

                     (d)  specify the matters that the Joint Authority will take into account in determining whether to reject an application.

             (4)  Where an instrument published under subsection (1) specifies more than one block, those blocks shall be 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 one other graticular section in that area.

             (5)  An application under this section:

                     (a)  shall be made within the period specified in the instrument published under subsection (1);

                     (b)  shall be in accordance with an approved form;

                     (c)  shall be made in an approved manner;

                     (d)  shall, where the instrument published under subsection (1) specifies more than one block, be an application for the grant of a permit in respect of all the blocks so specified;

                     (e)  shall be accompanied by particulars of:

                              (i)  the technical qualifications of the applicant and of the employees of the applicant;

                             (ii)  the technical advice available to the applicant; and

                            (iii)  the financial resources available to the applicant;

                      (f)  shall specify an amount that the applicant is prepared to pay in a single payment to the Commonwealth, in addition to the fee referred to in paragraph (h), in respect of the grant of a permit to the applicant on the application;

                     (g)  may set out any other matters that the applicant wishes to be considered; and

                     (h)  shall be accompanied by the prescribed fee.

             (6)  The Designated Authority 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.

22B  Grant or refusal of permit in relation to application

             (1)  Where, at the end of the period specified in an instrument published under subsection 22A(1), only one application has been made under section 22A in respect of the block or blocks specified in the instrument, the Joint Authority may reject the application or may, by instrument in writing served on the applicant, inform the applicant that it is prepared to grant to the applicant a permit in respect of that block or those blocks.

             (2)  Where, at the end of the period specified in an instrument published under subsection 22A(1), 2 or more applications have been made under section 22A in respect of the block or blocks specified in the instrument, the Joint Authority may reject any or all of the applications and, if it does not reject all of the applications, may:

                     (a)  if only one 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 one of the applicants, whose application has not been rejected and who has specified for the purposes of paragraph 22A(5)(f) an amount that is not less than the amount so specified by any other applicant whose application has not been rejected;

inform the applicant that it is prepared to grant to the applicant a permit in respect of that block or those blocks.

             (3)  An instrument served on an applicant under subsection (1) or (2) 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 (4) and pay to the Commonwealth the amount to be paid in respect of the grant of the permit to the applicant.

             (4)  An applicant on whom there has been served an instrument under subsection (1) or (2) may, within the period of one month after the date of service of the instrument on the applicant:

                     (a)  by instrument in writing served on the Designated Authority, request the Joint Authority to grant to the applicant the permit referred to in the first-mentioned instrument; and

                     (b)  pay to the Commonwealth the amount specified by the applicant for the purposes of paragraph 22A(5)(f) in respect of the grant of the permit to the applicant.

             (5)  Where an applicant on whom there has been served an instrument under subsection (1) or (2):

                     (a)  has made a request under paragraph (4)(a); and

                     (b)  has paid to the Commonwealth the amount specified by the applicant for the purposes of paragraph 22A(5)(f) in respect of the grant of the permit to the applicant;

within the period of one month after the date of service of the instrument on the applicant, the Joint Authority shall, as soon as practicable after the amount referred to in paragraph (b) is paid to the Commonwealth, grant to the applicant an exploration permit for petroleum in respect of the block or blocks specified in the instrument.

             (6)  Where an applicant on whom there has been served an instrument under subsection (1) or (2):

                     (a)  has not made a request under paragraph (4)(a); or

                     (b)  has not paid to the Commonwealth the amount specified by the applicant for the purposes of paragraph 22A(5)(f) in respect of the grant of the permit to the applicant;

within the period of one month after the date of service of the instrument on the applicant, the application lapses at the end of that period.

             (7)  Where the application of an applicant on whom there has been served an instrument under subsection (2) lapses as provided by subsection (6), subsection (2) applies in respect of the application or applications, if any, then remaining unrejected.

22C  Permit under section 22B to continue in force in certain cases

                   Where:

                     (a)  a permit granted under section 22B, being:

                              (i)  a permit in relation to which an instrument published under subsection 22A(1) stated that the permit would not be able to be renewed; or

                             (ii)  a permit that has been renewed;

                            expires; and

                     (b)  before the expiry of the permit:

                              (i)  a block or blocks in respect of which the permit was in force had been nominated under section 36;

                             (ii)  except where subparagraph (i) applies, the Designated Authority had required the permittee to nominate, under section 36, a block or blocks in respect of which the permit was in force; or

                            (iii)  a declaration under section 37 had been made in relation to a block or blocks in respect of which the permit was in force and the permittee had not requested that the declaration be revoked;

the permit continues in force in respect of that block or those blocks, as the case may be:

                     (c)  where the Designated Authority has required the permittee to nominate, under section 36, a block or blocks in respect of which the permit was in force, and the permittee does not comply with the requirement, until the expiration of the period allowed for compliance with the requirement; or

                     (d)  in any other case, until:

                              (i)  a declaration under section 37 in relation to the block or blocks is revoked;

                             (ii)  a lease or licence is granted in relation to the block or blocks;

                            (iii)  the application period referred to in subsection 38A(4) in respect of the block or blocks expires without an application under section 38A for a lease in respect of the block or blocks having been made by the permittee; or

                            (iv)  the application period referred to in subsection 39A(5) or 40(4) in respect of the block or blocks expires without an application under section 39A or 40 for a licence in respect of the block or blocks having been made by the permittee;

                            whichever first occurs.

23  Application for permit in respect of surrendered blocks etc.

             (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 Joint Authority may, at any subsequent time by instrument published in the Gazette, invite applications for the grant by the Joint Authority 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.

             (4)  An application under this section:

                     (b)  shall be made in an approved manner;

                     (c)  shall be accompanied by the particulars referred to in paragraph 21(1)(d);

                     (d)  shall specify an amount that the applicant is prepared to pay to the Designated Authority, in addition to the fee referred to in paragraph 24(1)(a), in respect of the grant of a permit to him on the application; and

                     (e)  may set out any other matters that the applicant wishes to be considered.

             (5)  The Designated Authority may, at any time, by instrument in writing served on the applicant, require him to furnish, within the time specified in the instrument, further information in writing in connexion with his application.

24  Application fee etc.

             (1)  An application under section 23 shall be accompanied by:

                     (a)  the prescribed fee; and

                     (b)  a deposit of 10% of the amount specified in the application under paragraph 23(4)(d).

             (2)  Where a permit is not granted on the application, the amount of the deposit shall, subject to subsection (3), be refunded to the applicant.

             (3)  Where an applicant on whom there has been served an instrument under section 25 does not request the Joint Authority, in accordance with section 26, to grant to him the permit referred to in the instrument, the deposit shall not be refunded to the applicant.

25  Consideration of application

             (1)  Where, at the expiration of the period specified in an instrument under subsection 23(1), only one application has been made under that subsection in respect of the block or blocks specified in the instrument, the Joint Authority may reject the application or may, by instrument in writing served on the applicant, inform the applicant that it is prepared to grant to him a permit in respect of that block or those blocks.

             (2)  Where, at the expiration of the period specified in an instrument under subsection 23(1), 2 or more applications have been made under that subsection in respect of the block or blocks specified in the instrument, the Joint Authority may reject any or all of the applications and, if it does not reject all of the applications, may:

                     (a)  if only one 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 one of the applicants, whose application has not been rejected and who has specified as the amount that he is prepared to pay in respect of the grant of a permit to him an amount that is not less than the amount specified by any other applicant whose application has not been rejected;

inform him that it is prepared to grant to him a permit in respect of that block or those blocks.

             (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 subsection 26(1); and

                             (ii)  pay the balance of the amount to be paid in respect of the grant of the permit to the applicant.

26  Request by applicant for grant of permit in respect of advertised blocks

             (1)  An applicant on whom there has been served an instrument under section 25 may, within a period of 3 months after the date of service of the instrument on him, or within such further period, not exceeding 3 months, as the Designated Authority, on application in writing served on him before the expiration of the first-mentioned period of 3 months, allows:

                     (a)  by instrument in writing served on the Designated Authority, request the Joint Authority to grant to him the permit referred to in the first-mentioned instrument; and

                     (b)  pay the balance of the amount to be paid in respect of the grant of the permit to him.

             (2)  Where an applicant on whom there has been served an instrument under section 25:

                     (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 him;

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 subsection 25(2) lapses as provided by subsection (2), subsection 25(2) applies in respect of the application or applications, if any, then remaining unrejected.

27  Grant of permit on request

                   Where a person on whom there has been served an instrument under section 25:

                     (a)  has made a request under subsection 26(1); and

                     (b)  has paid the balance of the amount to be paid in respect of the grant of a permit to him;

within the period applicable under that subsection, the Joint Authority shall grant to that person an exploration permit for petroleum in respect of the block or blocks specified in the instrument.

28  Rights 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.

29  Term of permit

             (1)  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.

Extension of permit in respect of block included in location when lease or licence applied for

             (2)  If:

                     (a)  a permit in respect of a block or blocks cannot be renewed or further renewed; and

                     (b)  before the time when the permit would, apart from this subsection, expire, the permittee has duly made an application to the Designated Authority for the grant by the Joint Authority of a lease or licence in respect of the block, or one or more of the blocks, being a block or blocks that are included in a location;

the permit continues in force in respect of the block or blocks to which the application relates until:

                     (c)  if the Joint Authority tells the permittee that it is prepared to grant to the permittee a lease or licence in respect of the block or one or more of the blocks—such a lease or licence is granted, the permittee withdraws the application or the application lapses; or

                     (d)  if the Joint Authority decides not to grant to the permittee such a lease—the end of the period of one year after the day of the service under subsection 38B(2) or (2A) of the instrument or notice refusing to grant the lease; or

                     (e)  if the Joint Authority decides not to grant to the permittee such a licence—notice of the decision is served on the permittee.

30  Application for renewal of permit

             (1)  Subject to subsection (1A) and to sections 31 and 31A, a permittee may, from time to time, make an application to the Designated Authority for the renewal by the Joint Authority of the permit in respect of such of the blocks the subject of the permit as are specified in the application.

          (1A)  A permittee shall not make an application for the renewal of a permit granted under section 22B if:

                     (a)  the instrument published under subsection 22A(1) in relation to the grant of the permit stated that the permit was not able to be renewed; or

                     (b)  a renewal of the permit has previously been granted by the Joint Authority.

             (2)  An application for the renewal of the permit:

                     (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 Designated Authority may, for reasons that he 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.

30A  Renewal of permit in respect of blocks constituted by graticular sections wholly or partly in Area A of the Zone of Cooperation

             (1)  This section applies to any permit that was, immediately before the commencement of this section, in force in respect of blocks all or a number of which were blocks constituted by graticular sections wholly or partly in Area A of the Zone of Cooperation.

             (2)  Where, as a result of the amendments of section 5A made by the Petroleum (Australia-Indonesia Zone of Cooperation) (Consequential Provisions) Act 1990 (which removed Area A from the adjacent areas) and of the operation of subsection 17(2):

                     (a)  a block specified in the permit has ceased to exist; or

                     (b)  the boundaries of a block specified in the permit have changed;

the permit is taken not to specify any block referred to in paragraph (a), to specify each block referred to in paragraph (b) as that block exists immediately after the commencement of the amendments, and to specify each block unaffected by the amendments.

             (3)  Where:

                     (a)  before the commencement of this section, an application had been made under section 30 for the renewal of a permit; and

                     (b)  at that commencement, no decision has been taken to renew, or to refuse to renew, the permit;

the application is taken to specify the blocks which, as a result of the operation of subsection (2), constitute the permit area.

             (4)  Where, immediately before the commencement of this section, there was in force under section 103A an instrument of suspension in respect of a permit, then, on the commencement of this section:

                     (a)  the instrument is by force of this section revoked; and

                     (b)  the permittee is taken to have made an application under section 30 for the renewal by the Joint Authority of the permit in respect of the blocks which, as a result of the operation of subsection (2), constitute the permit area.

             (5)  Section 31 does not apply to or in relation to an application:

                     (a)  that is referred to in subsection (3); or

                     (b)  that a permittee is taken to have made under subsection (4).

31  Application for renewal of permit to be in respect of reduced area

             (1)  Subject to subsections (2A), (3), (4) and (5), 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 one less or one more than a number that is divisible by 4 without remainder—one-half of that last-mentioned 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).

          (2A)  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 to which the permit is in force, or 2 or more such blocks.

             (3)  An application cannot be made for the renewal of a permit in respect of only one block.

             (4)  If a permit is in force in respect of 5 or 6 blocks, an application may be made for the renewal of the permit in respect of 4 of those blocks.

             (5)  If a permit is in force in respect of 2, 3 or 4 blocks, an application may be made for the renewal of the permit in respect of all those blocks.

             (6)  An application may not be made for the further renewal of a permit that was renewed as a result of an application referred to in subsection (5).

Note:          The operation of this section is affected by a saving provision set out in item 32 of Schedule 1 to the Petroleum (Submerged Lands) Legislation Amendment Act (No. 1) 2000. The saving provision applies in relation to the first application after the commencement of item 31 of that Schedule (on 7 March 2000) for the renewal of a permit that was granted before that commencement.

31A  Certain permits cannot be renewed more than twice

Scope

             (1)  This section applies to an application for the renewal of a permit, where:

                     (a)  the original permit was granted under section 22:

                              (i)  on or after 1 January 2003; and

                             (ii)  as a result of an application made in response to an invitation in an instrument that was published under subsection 20(1) on or after 1 January 2003; or

                     (b)  the original permit was granted under section 27 on or after 1 January 2003.

Permit cannot be renewed more than twice

             (2)  A permittee must not make the application if it could result in the original permit being renewed more than twice.

32  Grant or refusal of renewal of permit

             (1)  Where an application has been made under section 30 for the renewal of a permit, the Joint Authority:

                     (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 Joint Authority is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the permit;