{"id":"F2018L01246","name":"Offshore Minerals (Multiple Applications for Exploration or Mining Licences) Regulations 2018","slug":"offshore-minerals-multiple-applications-for-exploration-or-mining-licences-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439762,"registerId":"F2018L01246-fast-fetch-1775955658780","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Offshore Minerals (Multiple Applications for Exploration or Mining Licences) Regulations 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nOffshore Minerals (Multiple Applications for Exploration or Mining Licences) Regulations 2018\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 30 August 2018\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nMatt Canavan\n\nMinister for Resources and Northern Australia\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—How multiple applications are dealt with\n\n6 When applications made other than by electronic communication or pre‑paid post are taken to have been lodged\n\n7 Time in relation to lodgement of applications\n\n8 Way of drawing lots\n\nPart 3—Application, saving and transitional provisions\n\n9 Application of this instrument\n\nSchedule 1—Repeals\n\nOffshore Minerals (Ballot Procedures) Regulations\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Offshore Minerals (Multiple Applications for Exploration or Mining Licences) Regulations 2018.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 1 September 2018\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Offshore Minerals Act 1994.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) Designated Authority;\n\n(b) licence.\n\n  In this instrument:\n\nAct means the Offshore Minerals Act 1994.\n\napplication means an application for an exploration or mining licence to which section 58 or 203 of the Act applies.\n\nprincipal office of a Designated Authority means the principal office of the Department of State administered by the Designated Authority.\n\nPart 2—How multiple applications are dealt with\n\n \n\n6  When applications made other than by electronic communication or pre‑paid post are taken to have been lodged\n\n  An application for an exploration or mining licence that is made other than by electronic communication or pre‑paid post is taken to have been lodged at the time it is received at the principal office of the Designated Authority.\n\nNote: For applications made by electronic communication or pre‑paid post, see section 14A of the Electronic Transactions Act 1999 and section 29 of the Acts Interpretation Act 1901.\n\n7  Time in relation to lodgement of applications\n\n  For the purposes of paragraphs 58(2)(b) and 203(2)(b) of the Act, 30 minutes is prescribed.\n\n8  Way of drawing lots\n\n (1) For the purposes of subsections 58(2) and 203(2) of the Act, this section prescribes the way of drawing lots.\n\n (2) The Designated Authority must give each applicant written notice of the time and place of the draw at least 7 days before the draw.\n\n (3) Each applicant may, in writing given to the Designated Authority before the draw, authorise a person to represent the applicant at the draw.\n\n (4) Before the draw, the Designated Authority and all applicants must agree, in writing, on the person who is to draw the papers under paragraph (5)(f). The person must not be the Designated Authority or an applicant, or an officer, employee, representative or agent of an applicant.\n\n (5) At the draw:\n\n (a) each applicant (or their representative authorised under subsection (3)) may be present; and\n\n (b) the Designated Authority must write the name of each applicant on a separate paper of the same kind as the paper on which the name of each other applicant is written; and\n\n (c) the papers and writing may be examined by each person present at the draw; and\n\n (d) the Designated Authority must fold each of the papers in the same manner; and\n\n (e) the Designated Authority must place each of the papers in a container that:\n\n (i) is empty (apart from the papers); and\n\n (ii) the interior surface of which will not snag the papers; and\n\n (f) the person agreed on under subsection (4) must draw the papers individually from the container without looking into the container; and\n\n (g) the Designated Authority must record on each paper the place of the paper in the order of drawing of papers from the container; and\n\n (h) the Designated Authority must record on each application the number that corresponds to the place in the draw of the paper relating to the application.\n\nPart 3—Application, saving and transitional provisions\n\n \n\n9  Application of this instrument\n\n  This instrument applies to an application for an exploration or mining licence made on or after the commencement of this instrument.\n\nSchedule 1—Repeals\n\n \n\nOffshore Minerals (Ballot Procedures) Regulations\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope: establishing procedural rules for handling simultaneous applications for offshore minerals licences. It replaces earlier ballot regulations with updated procedures (particularly accommodating electronic lodgement), but does not expand beyond this specific administrative mechanism."},"complexity_factors":["Very short instrument: only 9 substantive sections plus a repeal schedule","Minimal defined terms: only 3 definitions in the instrument itself (Act, application, principal office of a Designated Authority), with 2 terms referenced from the parent Act","No nested exceptions or conditional logic beyond basic procedural requirements","Single cross-reference to the Electronic Transactions Act 1999 and Acts Interpretation Act 1901 (standard timing rules)","Straightforward sequential structure: definitions → timing rules → ballot mechanics → application provisions → repeal","Prescriptive but simple procedural requirements (the 'draw lots' rules in section 8 are detailed but mechanically straightforward)"],"plain_english_summary":"This instrument sets clear timing rules for when offshore minerals exploration or mining licence applications are officially lodged and establishes that applications received within a 30‑minute window are treated as simultaneous. Simultaneous cases trigger a formal ballot with prescribed procedures to determine priority.\n\nIt affects companies applying for offshore mineral rights and the Designated Authority (e.g., NOPSEMA or relevant minister). The rules reduce disputes over “first” lodgement, ensure a transparent random-draw process, and update prior ballot procedures for modern lodgement methods."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the earlier Offshore Minerals (Ballot Procedures) Regulations (Schedule 1) and applies only to applications made on or after its commencement (s9). That narrows and restates the procedural regime for multiple applications (lodgement timing, 30‑minute rule, and detailed drawing procedure) while removing the prior instrument’s procedures."},"complexity_factors":["Procedural rather than substantive rules (clear, short provisions prescribing steps for draws and lodgement) (s6–8)","Cross‑references to external statutes for electronic/postal lodgement timing (Electronic Transactions Act 1999; Acts Interpretation Act 1901) (s6 note)","Precise, formal requirements for the draw (notice period, authorised representative, neutral drawer, container and recording requirements) that require administrative compliance (s8)","A narrowly prescribed lodgement tolerance (30 minutes) with legal effect for tie situations (s7)","Repeal of prior instrument (Offshore Minerals (Ballot Procedures) Regulations) indicating a change in procedural framework (Schedule 1)","Limited discretionary space for the Designated Authority (must follow specified steps but retains operational control of organising the draw) (s6–8)"],"plain_english_summary":"These Regulations set the rules for when two or more parties apply for the same offshore exploration or mining licence: they treat hand‑delivered applications as lodged when received at the Designated Authority’s principal office (s6), prescribe a 30‑minute lodgement window for tie‑comparison (s7), and require a notified, representative‑friendly lot draw with detailed steps and recording (s8). They affect licence applicants and the Designated Authority; applicants carry compliance tasks (notice, attendance or written authorisation) and the Authority runs and records the draw (s6–8)."}},"importantCases":[],"_links":{"self":"/api/acts/offshore-minerals-multiple-applications-for-exploration-or-mining-licences-regulations-2018","history":"/api/acts/offshore-minerals-multiple-applications-for-exploration-or-mining-licences-regulations-2018/history","analysis":"/api/acts/offshore-minerals-multiple-applications-for-exploration-or-mining-licences-regulations-2018/analysis","conflicts":"/api/acts/offshore-minerals-multiple-applications-for-exploration-or-mining-licences-regulations-2018/conflicts","importantCases":"/api/acts/offshore-minerals-multiple-applications-for-exploration-or-mining-licences-regulations-2018/important-cases","documents":"/api/acts/offshore-minerals-multiple-applications-for-exploration-or-mining-licences-regulations-2018/documents"}}