{"id":"petroleum-act-1984","name":"Petroleum Act 1984","slug":"petroleum-act-1984","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30475,"registerId":"nt-petroleum-act-1984-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Judicial review","content":"Subdivision 1 Judicial review\n57ABA Judicial review of decision or determination .................................. 59\n57AB Review by Tribunal ........................................................................ 59\nPart III General provisions relating to petroleum\ninterests\n58 General conditions......................................................................... 60\nSubdivision 2 Resource management, activity and\ninfrastructure plans\n59 Definitions ...................................................................................... 62\n60 Types of plans ............................................................................... 62\n61 Application for approval ................................................................. 62\n61A Approval ........................................................................................ 63\n61B Review of plan ............................................................................... 64\n61C Variation of conditions ................................................................... 66\n61D Transfer of permit or licence .......................................................... 66\n61E Offences relating to plans .............................................................. 66\n61F Specific duty relating to well and surface infrastructure\nintegrity .......................................................................................... 68\n61G Specific provision for rate of recovery............................................ 69\n61H Annual reports ............................................................................... 70\n61J Survey and other reports ............................................................... 71\n61K Well completion reports ................................................................. 72\n61L Samples......................................................................................... 73\n62 Project reports ............................................................................... 75\n\nPetroleum Act 1984 iv\n62A Release of information by Minister ................................................ 75\n63 Payment of first year's annual fee in respect of exploration\npermit or licence ............................................................................ 77\n64 Discovery to be notified ................................................................. 78\n65 Access ........................................................................................... 79\n66 Exploration permit held by 2 or more persons ............................... 79\n68 Fencing .......................................................................................... 79\n69 Unit development........................................................................... 80\n69A Ability to waive, suspend or reduce annual fee or levy .................. 81\n70 Gazettal of instruments .................................................................. 81\n71 Directions by Minister .................................................................... 81\n72 Compliance with direction .............................................................. 82\n73 Surrender....................................................................................... 82\n74 Cancellation ................................................................................... 85\n75 Report on ceasing to hold exploration permit or licence area ........ 86\n77 Removal of property on surrender, expiry or cancellation ............. 87\n78 Sale of property ............................................................................. 89\n81 Compensation to owners ............................................................... 89\n82 Compensation for right of access .................................................. 90\n82A Jurisdiction of Tribunal for disputes ............................................... 91\n82B Tribunal not to review decision ...................................................... 91\n87 Appointment .................................................................................. 91\n88 Identity card ................................................................................... 92\n89 Return of identity card ................................................................... 92\n89A Functions ....................................................................................... 92\n89B General powers of inspectors ........................................................ 93\n89C Duty of inspector in relation to seized thing ................................... 96\n89D Forfeiture of seized thing ............................................................... 97\n\nPetroleum Act 1984 v\n89E Offence to contravene requirement ............................................... 97\n89F Obstruction of inspector ................................................................. 97\n89G Self-incrimination ........................................................................... 98\n89H Entry on Aboriginal land ................................................................ 98\n89J Search warrants ............................................................................ 98\n89K Announcement before entry and provision of authority ................. 99\n89L Directions by inspectors .............................................................. 100\n89M Offence to contravene direction ................................................... 101\n89N Compliance directions ................................................................. 102\n89P Effect of compliance direction on need for further authorisation .. 103\n89Q Offence to contravene direction ................................................... 104\n89R Stop work notices ........................................................................ 104\n89S Offence to contravene stop work notice ...................................... 106\n89T Preliminary matters...................................................................... 106\n89U Nature of audit ............................................................................. 107\n89V Accreditation and regulation of auditors ...................................... 107\n89W Audit directions ............................................................................ 107\n89X Declarations................................................................................. 108\n89Y Self-incriminatory information ...................................................... 109\n89Z Offences relating to audits ........................................................... 109\n89ZA Retention and production of information ...................................... 110\n90 Registrar and Register of instruments ......................................... 110\n91 Particulars to be entered in Register ........................................... 111\n91A Application of Law of Property Act 2000 ...................................... 112\n92 Memorials to be entered of exploration permits etc. cancelled\netc. ............................................................................................... 112\n93 Approval of transfers ................................................................... 113\n93A Registration of transfers .............................................................. 116\n94 Entries in Register on devolution of title ...................................... 117\n95 Interests not to be created, &c., except by instruments in\nwriting .......................................................................................... 117\n\nPetroleum Act 1984 vi\n96 Approval of instruments relating to interests ................................ 117\n97 Minister not concerned with certain matters ................................ 119\n98 Power of Minister to require information as to proposed\ndealings ....................................................................................... 119\n99 Production and inspection of documents ..................................... 119\n100 Inspection of Register and documents ........................................ 119\n101 Rectification of Register ............................................................... 119\n102 Evidentiary provisions .................................................................. 119\n103 Applications in relation to Register .............................................. 120\n104 Registrar not liable to certain actions........................................... 120\nPart IVA Change in control of corporation holding\n104A Definitions .................................................................................... 121\n104B Meaning of change in control....................................................... 122\n104C Meaning of related ....................................................................... 122\n104D Acquisition of interest in shares ................................................... 122\n104E Approval of change in control ...................................................... 123\n104F Offence to fail to apply for approval ............................................. 124\n105 Permit and licences required to explore and recover petroleum .. 125\n106 Interference with activities or work............................................... 126\n107 Misleading information ................................................................. 127\n108 False representations .................................................................. 128\n109 Operations near residence or other area ..................................... 129\n110 Operations near cemetery ........................................................... 130\n111 Construction near habitable building ........................................... 130\n112 Construction of well or well pad near designated bore ................ 131\n113 Continuing offences ..................................................................... 132\n114 Conduct of employee or agent..................................................... 132\n115 Criminal liability of executive officer of body corporate ................ 134\n116 Commencement of criminal proceedings .................................... 135\n117AAA Application ................................................................................... 135\n117AAB Environmental offences ............................................................... 135\n117AAC Additional defences for environmental offences .......................... 137\n117AAD Alternative verdict ........................................................................ 138\n\nPetroleum Act 1984 vii\n117AAE Adverse publicity orders .............................................................. 139\n117AAF Order to remedy breach .............................................................. 140\n117AAG Recovery of costs ........................................................................ 140\nPart VA Civil enforcement, penalties and other\nproceedings\n117AA Who may bring proceedings ........................................................ 140\n117AB Prohibitory injunctions ................................................................. 141\n117ABA Mandatory injunctions .................................................................. 142\n117ABB Interim injunctions........................................................................ 142\n117ABC Certain considerations for granting injunctions not relevant ........ 142\n117ABD Discharge of injunctions .............................................................. 143\n117ABE Other orders ................................................................................ 143\n117ABF Supreme Court may vary or revoke order ................................... 143\n117ABG Time for commencing proceedings under this Division ............... 144\n117ABH Security and undertakings ........................................................... 144\n117ABJ Orders as to damages on application of respondent ................... 145\n117ABK Orders as to costs ....................................................................... 145\n117ABL Powers conferred are in addition to other powers of Supreme\nCourt ............................................................................................ 145\n117ABM Enforceable undertaking .............................................................. 145\n117ABN Enforcement orders ..................................................................... 146\n117ABP Power of CEO to take action ....................................................... 147\n117ABQ Variation or withdrawal of enforceable undertaking by interest\nholder .......................................................................................... 148\n117ABR No criminal proceedings while enforceable undertaking in\nforce ............................................................................................ 148\n117ABS No further proceedings if enforceable undertaking complied\nwith .............................................................................................. 149\n117ABT Application for civil orders ............................................................ 149\n117ABU Time for making application ......................................................... 149\n117ABV CEO to have regard to certain matters ........................................ 149\n117ABW Notice of proposed application to Local Court ............................. 149\n117ABX Civil orders................................................................................... 150\n117ABY Local Court to have regard to certain matters.............................. 150\n117ABZ Civil orders under section 117ABX(1)(b) ..................................... 151\n117ABZA Power to take remedial measures ............................................... 151\n117ABZB Civil jurisdiction ............................................................................ 152\n\nPetroleum Act 1984 viii\n117ABZC Contravention of 2 or more provisions ......................................... 152\n117ABZD Stay of proceeding....................................................................... 152\n117ABZE Inadmissibility of evidence in criminal proceedings ..................... 153\n117ABZF Orders as to costs ....................................................................... 153\n117ABZG Recovery of amounts ordered to be paid to Territory .................. 153\n117ABZH Civil proceedings not to affect compliance directions .................. 153\n117AD Object of Part............................................................................... 154\n117AE Definitions .................................................................................... 154\n117AF Australian Geodetic Datum .......................................................... 154\n117AG Current datum and previous datum ............................................. 155\n117AH Use of current datum ................................................................... 155\n117AI Use of previous datum ................................................................. 155\n117AJ Variation of petroleum interests etc. ............................................ 156\n117AK Variation of applications for petroleum interests .......................... 157\n117AL No change to actual position of point, line or area ....................... 157\n117AM Transitional Regulations .............................................................. 157\n117AN Types of security ......................................................................... 157\n117AP Requirement for security ............................................................. 157\n117AQ General provisions....................................................................... 158\n117AR Assessment ................................................................................. 159\n117AS Review ......................................................................................... 159\n117AT Release and extension ................................................................ 160\n117AU Claim on security ......................................................................... 160\n","sortOrder":0},{"sectionNumber":"Div 3","sectionType":"division","heading":"Petroleum infrastructure decommissioning","content":"Division 3 Petroleum infrastructure decommissioning\nsecurities\n117AV General provisions....................................................................... 160\n117AW Assessment ................................................................................. 161\n117AX Review ......................................................................................... 162\n117AY Release and extension ................................................................ 162\n117AZ Claim on security ......................................................................... 162\n117AZA Administration of securities .......................................................... 162\n117AZB Mandatory condition .................................................................... 163\n117AZC Action if interest holder in default................................................. 163\n\nPetroleum Act 1984 ix\n117AZD Information about securities......................................................... 163\n117AZE Definition...................................................................................... 164\n117AZF Monitoring and compliance levy .................................................. 164\n117AZG Liability for monitoring and compliance levy ................................ 165\n117AZH Amount and imposition of levy ..................................................... 165\n117AZJ Returns ........................................................................................ 165\n117AZK Definitions .................................................................................... 165\n117AZL Meaning of orphan well ............................................................... 166\n117AZM Orphan well levy .......................................................................... 166\n117AZN Liability for orphan well levy ......................................................... 167\n117AZP Basis and calculation of levy........................................................ 167\n117AZQ Payment of levy ........................................................................... 167\n117AZR Returns ........................................................................................ 167\n117AZS Payment into Fund ...................................................................... 167\n117AZT Establishment of Fund ................................................................. 167\n117AZU Publication of information ............................................................ 168\n117AZV Codes of practice......................................................................... 168\n117AZW Use of codes of practice in proceedings ...................................... 169\n117AMA Licence etc. not personal property............................................... 169\n117A Compensation: time limit on claims ............................................ 170\n117B Service of documents .................................................................. 170\n117C Guidelines.................................................................................... 170\n117D Costs, undertakings and security for costs .................................. 170\n117E Publication of decisions and provision of reasons ....................... 171\n117F Evidentiary ................................................................................... 171\n117G Certificates of evidence ............................................................... 171\n117H Contravention of certain provisions not offence ........................... 172\n117J Approved forms ........................................................................... 172\n117K Electronic processes ................................................................... 172\n117L Acquisition of advice .................................................................... 173\n117M Cost recovery .............................................................................. 173\n117N Protection from liability ................................................................ 174\n117P Authorised analysts ..................................................................... 174\n117Q Parallel powers and functions ...................................................... 174\n117R Delegation by Minister ................................................................. 177\n117S Delegation by CEO ...................................................................... 177\n117T Application to Tribunal in relation to infrastructure facilities ......... 177\n\nPetroleum Act 1984 x\n118 Regulations.................................................................................. 178\n119 Application, savings and transitional............................................ 183\nDivision 1 Petroleum Amendment and Related Matters\nAct 2010\n120 Definitions .................................................................................... 186\n121 Determination of competing applications ..................................... 187\n122 Minister's powers and functions ................................................... 187\n123 Inspector's powers and functions ................................................ 187\n124 Existing applications for grant of exploration permit .................... 187\nDivision 3 Northern Territory Civil and Administrative\nTribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014\n125 Application or referral before former Tribunal .............................. 188\nDivision 4 Petroleum Legislation Miscellaneous\nAmendments Act 2020\n126 Definitions .................................................................................... 189\n127 Application made for exploration permit before\ncommencement ........................................................................... 189\n128 Decision in relation to renewal of exploration permit ................... 189\n129 Decision in relation to variation of condition of exploration\npermit .......................................................................................... 189\n130 Decision in relation to renewal of retention licence ...................... 189\n131 Decision in relation to variation of condition of retention licence.. 189\n132 Decision in relation to renewal of production licence ................... 190\n133 Decision in relation to variation of condition of production\nlicence ......................................................................................... 190\n134 Application of section 108A ......................................................... 190\n135 Construction undertaken before commencement ........................ 190\nDivision 5 Petroleum Legislation Amendment Act 2022\n136 Offence provisions – before and after commencement ............... 191\nDivision 6 Petroleum, Planning and Water Legislation\nAmendment Act 2025\n138 Decisions made before commencement ..................................... 191\n\nPetroleum Act 1984 xi\nSchedule 1 Decisions subject to principles of\necologically sustainable development\nSchedule 2 Judicial Review of decision or\ndetermination\nSchedule 3 Reviewable decisions and interested\npersons\n\n____________________\nAs in force at 22 June 2025\n____________________\nPETROLEUM ACT 1984\nAn Act to regulate the exploration for, and the production of, petroleum\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Petroleum Act 1984.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Objective","content":"3 Objective\n(1) The objective of this Act is to provide a legal framework that:\n(a) encourages persons to undertake effective exploration for\npetroleum and to develop petroleum production so that the\noptimal value of the resource is returned to the Territory; and\n(b) provides protection to the environment of the Territory; and\n(c) promotes principles of ecologically sustainable development.\n(2) The legal framework provides for the following:\n(a) the granting of petroleum interests to persons for exploration,\nproduction and ancillary activities associated with exploiting\npetroleum, and the renewal or transfer of those interests;\n(b) clear statements about the role of government following the\ngrant of petroleum interests;\n(c) the promotion of active exploration for petroleum, and of the\ndevelopment of petroleum production if commercially viable,\nby persons granted petroleum interests;\n\nPetroleum Act 1984 2\n(d) the assessment of proposed technical works programmes for\nthe exploration, appraisal, recovery or production of petroleum\nand of the financial capacity of persons proposing to carry out\nthose programmes;\n(e) resource management, activity and infrastructure plans to\nsupport and enhance well and surface infrastructure integrity\nand the strategic management of petroleum production\nconsistent with achieving optimum long-term recovery of the\nresource;\n(f) the reduction of risk or potential risk of environmental harm by\nensuring that activities associated with exploration for, or\nproduction of, petroleum are carried out in a manner in which\nthe environmental impacts and risks of the activities are\nreduced to a level that is:\n(i) as low as reasonably practicable; and\n(ii) acceptable;\n(g) the collection of information about petroleum exploration and\nproduction and the dissemination of that information;\n(h) the efficient administration of this Act;\n(i) other matters in connection with exploration for and production\nof petroleum.\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"4 Application\n(1) This Act does not bind the Crown.\n(2) This Act extends to Aboriginal land and applies to and in relation to\nthat land to the extent that it is capable of so applying.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"5 Interpretation\n(1) In this Act, unless the contrary intention appears:\nAboriginal land has the same meaning as in the Land Rights Act.\naccess authority means an access authority granted or renewed\nunder this Act.\naccess authority area means the area constituted by the blocks\nthat are the subject of an access authority.\naffected land means land comprised in, or proposed to be\ncomprised in, a petroleum interest.\n\nPetroleum Act 1984 3\nannual report, see section 61H.\napplicant, in relation to an application for an exploration permit or\nlicence, means a person who has applied for the exploration permit\napplication area, in relation to an application for an exploration\npermit or licence, means the area the subject of the application.\napplication period, in relation to an application for the grant of an\nexploration permit, see section 16(2)(a).\nappraisal production infrastructure means temporary or\nsemi-permanent infrastructure located on an exploration permit\narea or retention licence area, downstream from a wellhead, for the\npurpose of extracting, processing, refining, storing, transporting or\nusing petroleum produced on an appraisal basis to allow for its\nbeneficial use, other than a pipeline as defined in section 3 of the\nEnergy Pipelines Act 1981.\nappropriate person, to hold a permit or licence under this Act, see\nsection 15A.\napproved means approved, in writing, by the Minister.\napproved code of practice means a code of practice established\nby the Minister under section 117AZV.\napproved determination of native title has the meaning given in\nsection 253 of the Native Title Act.\napproved environment management plan means an environment\nmanagement plan approved under the regulations.\napproved form means a form approved under section 117J.\napproved plan means a plan approved under Part III, Division 1,\nSubdivision 2.\nassociated entity, see section 50AAA of the Corporations\nAct 2001.\naudit direction means a direction issued under section 89W.\nauditor means a person appointed to undertake an audit under\nsection 89W(3).\nauthorised analyst means a person appointed as an authorised\nanalyst under section 117P.\n\nPetroleum Act 1984 4\nblock means so much of a graticular section as is within the\njurisdiction of the Territory and includes a part of a block.\nby notice means by notice in writing.\nCEO means the Chief Executive Officer.\nchange in control, for Part IVA, see section 104B.\ncompliance direction means a compliance direction issued under\nsection 89N.\ncontaminant, see section 4(1) of the Waste Management and\nPollution Control Act 1998.\ncorporation, for Part IVA, see section 104A.\ndatum means a reference frame for defining geographic\nco-ordinates.\ndesignated number, in relation to a block, means the identifying\nnumber assigned under section 8(2) to the graticular section or part\nof the graticular section which constitutes the block.\ndocument means:\n(a) any paper, parchment or other material used for writing or\nprinting, marked with matter capable of being read;\n(b) a photograph, or photographic negative, plate, slide, film,\nmicrofilm or microfiche, or a photostatic negative;\n(c) a disc, tape, wire, sound track, card or other material or device\nin or on which information, sound or other data is recorded,\nstored or embodied so as to be capable, with or without the\naid of some other equipment, of being reproduced therefrom;\nor\n(d) any material derived, whether directly or by means of\nequipment, from information recorded or stored or processed\nby a device used for recording or storing or processing\ninformation.\necologically sustainable development, see section 4 of the\nEnvironment Protection Act 2019.\nenvironment, see section 6 of the Environment Protection\nAct 2019.\n\nPetroleum Act 1984 5\nEnvironment CEO means the Chief Executive Officer of the\nAgency administering the Environment Protection Act 2019.\nenvironment management plan means a plan prepared under\nand in accordance with the regulations that addresses potential\nenvironmental risks and impacts that might arise from carrying on\nthe activities contemplated by the plan.\nEnvironment Minister means the Minister administering the\nEnvironment Protection Act 2019.\nenvironmental harm, see subsections (8), (9) and (10).\nenvironmental security, see Part VC, Division 2.\nexcluded third party submission, in relation to a submission\nmade under this Act, means:\n(a) a submission made by a person in the form of a form letter or\npetition prepared by another body or organisation; or\n(b) a submission made after the end of a period specified for the\nmaking of submissions under this Act.\nexploration permit means:\n(a) an exploration permit granted or renewed under Part II,\nDivision 2; or\n(b) a permit granted or renewed under Part II, Division 2 of this\nAct as in force before the commencement of the Petroleum\nAmendment Act 2002.\nexploration permit area means the area constituted by the blocks\nthat are the subject of an exploration permit.\nfamily, for Part IVA, see section 104A.\nfamily relationship, for Part IVA, see section 104A.\nfield management plan, see section 60(2).\nfuture act, see section 233 of the Native Title Act.\ngeographic co-ordinate includes:\n(a) a meridian of longitude by itself; and\n\nPetroleum Act 1984 6\n(b) a parallel of latitude by itself.\nNote\nIf the position on the surface of the Earth of a particular point is identified by a\nco-ordinate that is determined by reference to a particular datum, the use of a\ndifferent datum will result in the same point being identified by a different\nco-ordinate.\ngeophysical survey means a geophysical investigation conducted\nby any generally recognised method, including a seismic,\ngravimetric, magnetic, electrical or radioactive method, but does not\ninclude any operation conducted wholly or partly within a well.\ngood oilfield practice, in relation to the exploration for, or\noperations for the recovery of, petroleum, means all those practices\nand procedures that are generally accepted as good and safe in the\ncarrying on of that exploration or those operations, as the case may\nbe.\ngraticular section means a section referred to in section 8(1).\nguidelines means guidelines issued under section 117C.\nhydraulic fracturing means the underground petroleum extraction\nprocess involving the injection of fluids at high pressure into a\ngeological formation to induce fractures that conduct petroleum for\nextraction.\ninfrastructure includes structures, plant and equipment.\ninspector means a person appointed as an inspector under\nsection 87.\ninterest holder means the holder of a petroleum interest.\ninvestor, for Part IVA, see section 104A.\nland includes:\n(a) waters and land under waters within the Territory other than\nwaters to which the Petroleum (Submerged Lands) Act 1981\napplies; and\n(b) water on or under land.\nLand Council has the same meaning as in the Land Rights Act.\nLand Rights Act means the Aboriginal Land Rights (Northern\nTerritory) Act 1976 of the Commonwealth.\n\nPetroleum Act 1984 7\nlevy means:\n(a) for Part VD – see section 117AZE; or\n(b) for Part VE – see section 117AZK.\nlicence means a retention licence or a production licence.\nlicence area means the area constituted by the blocks that are the\nsubject of a licence.\nlicensee:\n(a) except for Part III, Division 1, Subdivision 2, means a\nproduction licensee or a retention licensee; or\n(b) for Part III, Division 1, Subdivision 2 – see section 59.\nmaterial environmental harm, see section 8 of the Environment\nProtection Act 2019.\nmonitoring and compliance levy, see section 117AZF.\nnative title and native title rights and interests have the meaning\ngiven in section 223 of the Native Title Act.\nNative Title Act means the Native Title Act 1993 of the\nCommonwealth.\nnative title holder has the meaning given in section 224 of the\nNative Title Act.\norphan well, for Part VE, see section 117AZL.\norphan well levy, see Part VE, see section 117AZM.\nowner, in relation to land, means the owner of an estate or interest\nin the land, but does not include a person whose interest or claimed\ninterest in the land cannot be identified by or as a result of an\nexamination of the Register kept by the Registrar-General under\n","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"of the Land Title Act 2000.","content":"Part 3 of the Land Title Act 2000.\npark or reserve means a park or reserve within the meaning of the\nTerritory Parks and Wildlife Conservation Act 1976 or land declared\nunder section 9(4) of that Act to be a park or reserve for the\npurposes of this Act.\npermit means an exploration permit.\npermit area means an exploration permit area.\n\nPetroleum Act 1984 8\npermittee:\n(a) except for Part III, Division 1, Subdivision 2, means a person\nwho is registered under Part IV as the holder of an exploration\npermit; or\n(b) for Part III, Division 1, Subdivision 2 – see section 59.\npetroleum means:\n(a) a naturally occurring hydrocarbon, whether in a gaseous,\nliquid or solid state;\n(b) a naturally occurring mixture of hydrocarbons, whether in a\ngaseous, liquid or solid state; or\n(c) a naturally occurring mixture of one or more hydrocarbons,\nwhether in a gaseous, liquid or solid state, with hydrogen,\nhydrogen sulphide, nitrogen, helium or carbon dioxide or any\ncombination of them,\nand includes a hydrocarbon as defined by paragraph (a), (b) or (c)\nthat has been returned to a natural reservoir.\npetroleum infrastructure decommissioning security, see\nPart VC, Division 3.\npetroleum interest means an exploration permit, retention licence,\nproduction licence or access authority.\npetroleum pool means a naturally occurring discrete accumulation\nof petroleum.\npetroleum surface infrastructure plan, see section 60(3).\npollution, see section 4 of the Waste Management and Pollution\nControl Act 1998.\npremises includes:\n(a) infrastructure, whether stationary or portable; and\n(b) a vehicle or other conveyance.\nprescribed means prescribed by regulation.\nprinciples of ecologically sustainable development means the\nprinciples set out in sections 18 to 24 of the Environment Protection\nAct 2019.\n\nPetroleum Act 1984 9\nproduce, in relation to petroleum, means to recover or release the\npetroleum from a petroleum pool in the course, or as a result, of\nany operations.\nproduction licence means a production licence granted or\nrenewed under Division 4 of Part II.\nproduction licence area means the area constituted by the blocks\nthat are the subject of a production licence.\nproduction licensee means a person who is registered under\nPart IV as the holder of a production licence.\nRegister means the Register kept in pursuance of section 90(2).\nRegister of Native Title Claims means the Register of Native Title\nClaims established and maintained in accordance with Part 7 of the\nNative Title Act.\nregistered native title body corporate has the meaning given in\nsection 253 of the Native Title Act.\nregistered native title claimant has the meaning given in\nsection 253 of the Native Title Act or, if the claimant is replaced\nunder section 66B of that Act, means the person who replaced the\nclaimant.\nregistered native title rights and interests means:\n(a) in relation to a registered native title claimant – the native title\nrights and interests of the claimant described in the relevant\nentry on the Register of Native Title Claims; and\n(b) in relation to a registered native title body corporate – the\nnative title rights and interests of the body corporate described\nin the relevant entry on the National Native Title Register\nestablished and maintained under Part 8 of the Native Title\nAct.\nRegistrar means the person appointed under section 90(1) as\nRegistrar.\nrelated, for Part IVA, see section 104C.\nrelated corporations, for Part IVA, see section 104A.\nrepealed Act means the Acts repealed by this Act when this Act\nwas enacted, as in force immediately before that repeal.\nreporting period, see section 5A.\n\nPetroleum Act 1984 10\nreservoir means any subsurface formation or geological sequence\ncontaining a petroleum pool.\nrestricted area means an area which is the subject of a declaration\nunder section 57.\nretention licence means a retention licence granted or renewed\nunder Division 3 of Part II.\nretention licence area means the area constituted by the blocks\nthat are the subject of a retention licence.\nretention licensee means a person who is registered under Part IV\nas a holder of a retention licence.\nrig release means the point at which a drilling rig conducts its last\noperation on a well and its services are no longer required for that\nwell.\nshare, for Part IVA, see section 104A.\nsignificant environmental harm, see section 9 of the Environment\nProtection Act 2019.\nstop work notice means a stop work notice issued under\nsection 89R.\nsurface infrastructure means infrastructure located on a\nproduction licence area, downstream from a wellhead, for the\npurpose of extracting, processing, refining, storing, transporting or\nusing petroleum, other than a pipeline as defined in section 3 of the\nEnergy Pipelines Act 1981.\nsurvey means a systematic geoscientific survey, including a\ngeological or geophysical survey.\nTribunal means the Civil and Administrative Tribunal.\nvary, in relation to the conditions of a petroleum interest or\napproved plan, includes adding, suspending, waiving or revoking a\ncondition of the petroleum interest or approved plan.\nwaste, see section 4 of the Waste Management and Pollution\nControl Act 1998.\nwell means a hole in the surface of land or the sea-bed made by\ndrilling, boring or other means in connection with the exploration for,\nor operations for the recovery of, petroleum but does not include a\nseismic shot hole or a bore as defined in section 4(1) of the Water\nAct 1992.\n\nPetroleum Act 1984 11\nwellhead means the casing head and includes any casing hanger\nor spool, or tubing hanger, and any flow control equipment up to\nand including the wing valves.\nwell operations management plan, see section 60(1).\nwilderness zone means a wilderness zone declared under\nsection 12 of the Territory Parks and Wildlife Conservation\nAct 1976.\n(2) In this Act, a reference to the term of an exploration permit or\nlicence is a reference to the period during which the permit or\nlicence remains in force and a reference to the date of expiration of\nan exploration permit or licence is a reference to the day on the\nexpiration of which the permit or licence ceases to have effect.\n(3) In this Act, a reference to a year of the term of an exploration permit\nor licence is a reference to a period of one year commencing on the\ndate from and including which the permit or licence has effect or on\nany anniversary of that date.\n(4) In this Act, a reference to the renewal of an exploration permit is a\nreference to the renewal, under section 25, of the permit in relation\nto some of the blocks specified in the first-mentioned permit to\ncommence on the day after the date of expiration of the first-\nmentioned permit or on the day after the date of expiration of the\npermit upon a previous renewal of the first-mentioned permit.\n(5) In this Act, a reference to the renewal of a licence in respect of the\nblocks specified in the licence is a reference to the renewal:\n(a) in the case of a retention licence, under section 38; and\n(b) in the case of a production licence, under section 52,\nof the licence in respect of some or all of those blocks to commence\non the day after the date of expiration of the first-mentioned licence\nor on the day after the date of expiration of the licence upon a\nprevious renewal of the first-mentioned licence.\n(6) In this Act, a reference to an exploration permit or licence is a\nreference to the permit or licence as varied from time to time under\n(7) For the avoidance of doubt, an exploration permit, licence or other\ndocument or instrument granted or issued under this Act is an\ninstrument of a legislative or administrative character for the\npurposes of the Interpretation Act 1978.\n\nPetroleum Act 1984 12\n(8) For this Act, environmental harm means direct or indirect\nalteration of the environment to its detriment or degradation, of any\ndegree or duration, whether temporary or permanent.\n(9) The regulations may specify alterations of the environment to which\nthe definition of environmental harm applies.\n(10) Without limiting subsection (8) or (9), for this Act, environmental\nharm may be caused by pollution whether the harm:\n(a) is a direct or indirect result of the pollution; or\n(b) results from the pollution alone or from the combined effects of\nthe pollution or other factors.\n(11) For this Act, a discovery of petroleum is taken to have occurred\nwhere:\n(a) the presence of petroleum within a reservoir is indicated\nduring drilling; and\n(b) the petroleum is shown to be producible after taking into\naccount any guidelines published or adopted by the Minister\nfor the purposes of this subsection.\n(12) For this Act, petroleum is recovered or produced on an appraisal\nbasis if it is recovered or produced under a process intended to\nestablish the extent and nature of a discovery of petroleum.\nNote for section 5\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":7},{"sectionNumber":"5A","sectionType":"section","heading":"Meaning of reporting period","content":"5A Meaning of reporting period\n(1) A reporting period, in relation to a petroleum interest, is each\nperiod of 12 months ending on the anniversary of the day on which\nthe petroleum interest was granted.\n(2) If the petroleum interest comes to an end during one of the periods\nunder subsection (1) then the last reporting period is the period\nfrom the last anniversary of the day on which the petroleum interest\nwas granted to the day on which the petroleum interest ceases to\nexist.\n","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Petroleum property of Crown","content":"6 Petroleum property of Crown\n(1) Notwithstanding anything to the contrary contained in an Act or in\nany grant, lease or other instrument of title, whether made or issued\nbefore or after the commencement of this Act, but subject to\n\nPart IA Principles of ecologically sustainable development\nPetroleum Act 1984 13\nsubsection (2), all petroleum on or below the surface of land within\nthe Territory, whether that land is alienated in fee simple or not so\nalienated from the Crown, is and shall be deemed always to have\nbeen the property of the Crown.\n(2) The property in petroleum produced from a well on an area to which\na petroleum interest relates passes to the interest holder at the\nwellhead.\n6AA Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 6AA\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart IA Principles of ecologically sustainable\ndevelopment\n","sortOrder":9},{"sectionNumber":"6A","sectionType":"section","heading":"Principles of ecologically sustainable development","content":"6A Principles of ecologically sustainable development\n(1) The Minister must consider and apply the principles of ecologically\nsustainable development in making the following decisions under\nthis Act:\n(a) the decisions specified in Schedule 1;\n(b) a decision made under a direction given by the Minister under\nsection 71(1);\n(c) any other prescribed decision.\n(2) Unless otherwise expressly provided, in making a decision under\nthis Act and stating the reasons for that decision, the Minister is not\nrequired to specify how the Minister considered or applied these\nprinciples.\n\nPetroleum Act 1984 14\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Graticulation of earth's surface","content":"8 Graticulation of earth's surface\n(1) For the purposes of this Act, the surface of the Earth shall be\ndeemed to be divided:\n(a) by the meridian of Greenwich and by meridians that are at a\ndistance from that meridian of 5 minutes, or a multiple of\n5 minutes, of longitude; and\n(b) by the equator and by parallels of latitude that are at a\ndistance from the equator of 5 minutes, or a multiple of\n5 minutes, of latitude,\ninto sections, each of which is bounded:\n(c) by portions of 2 of those meridians that are at a distance from\neach other of 5 minutes of longitude; and\n(d) by portions of 2 of those parallels of latitude that are at a\ndistance from each other of 5 minutes of latitude.\n(2) The Minister shall assign to each graticular section all or part of\nwhich is within the jurisdiction of the Territory an identifying number\nfor the purposes of this Act and the number so assigned shall also\nidentify the block which, or part of which, constitutes the graticular\nsection.\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Reservation of blocks","content":"9 Reservation of blocks\n(1) The Minister may, by notice in the Gazette, declare that a block\nspecified in the notice (not being a block in relation to which an\nexploration permit or licence is in force) shall not be the subject of a\ngrant of an exploration permit or licence.\n(2) Subject to section 10, while a declaration under subsection (1)\nremains in force in relation to a block, the Minister may not grant an\nexploration permit or licence in relation to the block.\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Dealings in reserved blocks","content":"10 Dealings in reserved blocks\n(1) The Minister may, by notice in the Gazette, indicate his willingness\nto revoke or vary a notice under section 9(1) so that an exploration\npermit or licence may be granted in respect of the block to which\nthe notice under section 9(1) relates.\n\nPetroleum Act 1984 15\n(2) A notice under subsection (1) in relation to a block must specify:\n(a) the class of persons who may apply for the grant of an\nexploration permit or licence in relation to the block;\n(b) the conditions on which applications may be made; and\n(c) the time within which applications may be made.\n(3) An exploration permit or licence in relation to a block to which a\nnotice under subsection (1) relates may be granted only to a person\nwho has complied with the conditions specified in the notice.\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Land subject of exploration permit or licence","content":"11 Land subject of exploration permit or licence\nSubject to this Act, an exploration permit or licence may be granted\nin relation to any land within the Territory.\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Grant of mining interest","content":"12 Grant of mining interest\nSubject to this Act and the Land Rights Act, a corporation or a\nperson who has attained the age of 15 years, may apply for and be\ngranted an exploration permit or licence, being a mining interest as\ndefined in the Land Rights Act, in relation to Aboriginal land.\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"No negotiations without Minister's consent","content":"13 No negotiations without Minister's consent\n(1) A person must not enter into negotiations with a Land Council for\nthe consent of the Council to the grant of an exploration permit over\nAboriginal land without the Minister's consent.\n(2) The Minister's consent to negotiations may only be given to a\nperson who has lodged an application for an exploration permit\nover Aboriginal land with the Minister.\n(3) When the Minister receives an application for an exploration permit\nover Aboriginal land, the Minister must give written notice to the\nrelevant Land Council that the application has been received.\n(4) The Minister may give or refuse consent to negotiations between\nthe applicant and the relevant Land Council for the Council's\nconsent to the grant of the exploration permit to the applicant.\n(5) However, if the Minister has previously consented to negotiations\nbetween another applicant and the Land Council for the Council's\nconsent to the grant of an exploration permit over the same land,\nthe Minister must not give a further consent until the antecedent\nnegotiations are concluded.\n\nPetroleum Act 1984 16\n(6) The Minister's consent to negotiations may be given conditionally or\nunconditionally.\n(7) Although the Minister has consented to negotiations between an\napplicant and a Land Council, the Minister may exercise either or\nboth the following powers:\n(a) the Minister may withdraw the consent at any time before the\nnegotiations are concluded;\n(b) the Minister may refuse the application for an exploration\npermit (in which case the consent, if not explicitly withdrawn, is\ntaken to be withdrawn).\n(8) If the Minister refuses or withdraws consent to negotiations\nbetween an applicant and a Land Council (without\ncontemporaneously refusing the application for an exploration\npermit):\n(a) the refusal or withdrawal of consent is not to be taken to be a\nrefusal of the application for an exploration permit; and\n(b) the Minister may later give (or again give) consent.\n(9) In this section:\nALRA means the Aboriginal Land Rights (Northern Territory)\nAct 1976 (Cth).\nconcluded – negotiations with a Land Council are concluded\nbetween an applicant for an exploration permit and the Council:\n(a) if the applicant withdraws its application – on the day the\napplication is withdrawn; or\n(b) if the Minister withdraws consent to negotiate – on the day the\nconsent is withdrawn; or\n(c) on the day the Council notifies the applicant, in writing, of its\ndecision to consent or refuse to consent to the grant of the\nconsent to negotiations means the Minister's consent to an\napplicant for an exploration permit entering into (and proceeding\nwith) negotiations with a Land Council for the Council's consent to\nthe grant of the exploration permit.\n\nPetroleum Act 1984 17\nMinister means the Northern Territory Mining Minister as defined in\nALRA.\nNote\nThis section should be read in conjunction with Part IV of ALRA which governs\nnegotiations between the applicant for the exploration permit and the Land\nCouncil. This vests certain powers in relation to the negotiations in the\nCommonwealth Minister but it should be noted that some of these may be\ndelegated to the NT Minister under section 76 of ALRA.\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Applicant for licence to hold exploration permit","content":"14 Applicant for licence to hold exploration permit\n(1) Subject to subsection (2), a person shall not apply for or be granted\na licence in relation to Aboriginal land unless, at the time of the\napplication for that licence, he was the holder of an exploration\npermit in relation to that land.\n(2) Subsection (1) shall not apply to or in relation to a person who:\n(a) is, in relation to that land, a traditional Aboriginal owner within\nthe meaning of the Land Rights Act;\n(b) had made an application for a licence over the land before it\nbecame Aboriginal land; or\n(c) made an application under the repealed Act for a lease in\nrespect of Aboriginal land which application, by virtue of\nsection 119, is deemed to be an application for a licence\nunder this Act.\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Environmental consideration relating to certain parks and","content":"15 Environmental consideration relating to certain parks and\nreserves\n(1) In respect of land comprising the whole or a part of a park or\nreserve, the Minister shall not grant:\n(a) subject to subsection (2), an exploration permit or retention\nlicence, unless he has considered the opinions of the minister\nadministering the Territory Parks and Wildlife Conservation\nAct 1976 in relation to the proposed grant; or\n(b) a production licence, except in accordance with the conditions,\nif any, specified by the minister administering the Territory\nParks and Wildlife Conservation Act 1976.\n(2) Notwithstanding subsection (1)(a), the Minister shall not grant an\nexploration permit or retention licence in respect of land comprising\nthe whole or part of a wilderness zone except in accordance with\nthe conditions, if any, specified by the minister administering the\nTerritory Parks and Wildlife Conservation Act 1976.\n\nPetroleum Act 1984 18\n(3) A permittee or retention licensee shall not carry out his technical\nworks programme, or any other exploration, which may cause\nsubstantial disturbance to the surface of land comprising the whole\nor a part of a park or reserve unless he has advised the Minister, in\nwriting, of his intention to carry out the activity and he carries it out\nin accordance with such directions, if any, as the Minister thinks fit,\nor which are required under subsection (4) to be given, to protect\nthe environment in or in the vicinity of the park or reserve.\n(4) The minister administering the Territory Parks and Wildlife\nConservation Act 1976 may require the Minister to give as\ndirections under subsection (3) such directions in relation to the\nprotection of the environment in the park or reserve as the minister\nthinks fit, and the Minister shall give those directions accordingly.\n","sortOrder":18},{"sectionNumber":"15A","sectionType":"section","heading":"Appropriate person to hold permit or licence","content":"15A Appropriate person to hold permit or licence\n(1) In determining whether to grant or renew a permit or licence, the\nMinister must be satisfied that the applicant, and any associated\nentity of the applicant, is an appropriate person to hold a permit or\nlicence under this Act, having regard to the following matters:\n(a) the applicant or entity's record of compliance with the\nprescribed legislation, including:\n(i) whether the applicant or entity has contravened any of\nthe prescribed legislation; and\n(ii) the seriousness of any contraventions; and\n(iii) the length of time since the contraventions (if any)\noccurred; and\n(iv) any other matter the Minister considers relevant;\n(b) whether the applicant or entity has held a licence or other\nauthority under the prescribed legislation where that licence or\nauthority has been suspended or revoked;\n(c) whether in the opinion of the Minister, the action or thing to be\nauthorised by the permit or licence is or will be under the\ncontrol of a technically competent person;\n(d) whether in the opinion of the Minister, the applicant or entity is\nof good repute, having regard to character, honesty and\nintegrity;\n(e) whether the applicant or entity has, within the previous\n10 years, been convicted in the Territory or elsewhere of an\noffence involving fraud or dishonesty;\n\nPetroleum Act 1984 19\n(f) whether the applicant or entity, within the previous 3 years:\n(i) was an undischarged bankrupt; or\n(ii) applied to take the benefit of any law for the relief of\nbankrupt or insolvent debtors; or\n(iii) entered into an arrangement with the applicant or entity's\ncreditors or made an assignment of the applicant or\nentity's remuneration for their benefit;\n(g) whether the applicant or entity is or was a director of a body\ncorporate that is the subject of a winding-up order or for which\na controller or administrator has been appointed within the\nprevious 3 years;\n(h) whether the applicant has demonstrated to the Minister the\nfinancial capacity to comply with the applicant's obligations\nunder the permit or licence;\n(i) whether the applicant or entity is in partnership, in connection\nwith the action that is the subject of the permit or licence, with\na person whom the Minister does not consider to be an\nappropriate person having regard to the matters listed in this\nsubsection and subsection (2);\n(j) any other matters the Minister considers relevant in\ndetermining whether a person is an appropriate person to hold a\npermit or licence.\n(2) If the applicant or entity is a body corporate, the Minister must\nconsider the following additional matters:\n(a) whether a director of the body corporate:\n(i) has contravened the prescribed legislation or has held a\nlicence or other authority under the prescribed legislation\nthat has been suspended or revoked; or\n(ii) is or has been the director of another body corporate\nthat has contravened the prescribed legislation or has\nheld a licence or other authority under the prescribed\nlegislation that has been suspended or revoked;\n\nPetroleum Act 1984 20\n(b) in the case of a body corporate that is the subsidiary of\nanother body or company (the parent company) – whether:\n(i) the parent company or a director of the parent company\nhas contravened the prescribed legislation or has held a\nlicence or other authority under the prescribed legislation\nthat has been suspended or revoked; or\n(ii) a director of the parent company is or has been the\ndirector of another body corporate that has contravened\nthe prescribed legislation or has held a licence or other\nauthority under the prescribed legislation that has been\nsuspended or revoked;\n(c) the record of compliance with the prescribed environmental\nlegislation of any director of the body corporate;\n(d) whether in the opinion of the Minister, a director of the body\ncorporate is of good repute, having regard to character,\nhonesty and integrity;\n(e) whether a director of the body corporate has, within the\nprevious 10 years, been convicted in the Territory or\nelsewhere of an offence involving fraud or dishonesty;\n(f) whether the body corporate is the subject of a winding up\norder or has had a controller or administrator appointed within\nthe previous 3 years.\n(3) In this section, a reference to a director of a body corporate\nincludes a reference to a person concerned in the management of\nthe body corporate.\n(4) The Minister may require an applicant or associated entity to\nprovide more information in relation to any matter in order for the\nMinister to determine whether the applicant or entity is an\nappropriate person to hold a permit or licence under this Act.\n(5) The Minister must publish, on the Agency's website, the reasons\nwhy the Minister has determined that an applicant, and any\nassociated entity of the applicant, is or is not an appropriate person\nto hold a licence or permit under this Act.\n(6) In this section:\nprescribed environmental legislation means the following:\n(a) the Environment Protection Act 2019;\n(b) the Waste Management and Pollution Control Act 1998;\n\nPetroleum Act 1984 21\n(c) the Water Act 1992;\n(d) the Environment Protection and Biodiversity Conservation\nAct 1999 (Cth);\n(e) the Environment Protection Act 1997 (ACT);\n(f) the Protection of the Environment Operations Act 1997\n(NSW);\n(g) the Environmental Protection Act 1994 (Qld);\n(h) the Environment Protection Act 1993 (SA);\n(i) the Environmental Management and Pollution Control\nAct 1994 (Tas);\n(j) the Environment Protection Act 2017 (Vic);\n(k) the Environmental Protection Act 1986 (WA);\n(l) an Act of another jurisdiction that is similar in nature and\npurpose to an Act listed above.\nprescribed legislation means the following:\n(a) prescribed environmental legislation;\n(b) the Northern Territory Aboriginal Sacred Sites Act 1989;\n(ba) the Petroleum Royalty Act 2023;\n(c) the Taxation Administration Act 2007;\n(d) the Territory Parks and Wildlife Conservation Act 1976;\n(e) the Work Health and Safety (National Uniform Legislation)\nAct 2011;\n(f) the Work Health and Safety Act 2011 (Cth);\n(g) the Work Health and Safety Act 2011 (ACT);\n(h) the Work Health and Safety Act 2011 (NSW);\n(i) the Work Health and Safety Act 2011 (Qld);\n(j) the Work Health and Safety Act 2012 (SA);\n(k) the Work Health and Safety Act 2012 (Tas);\n\nPetroleum Act 1984 22\n(l) the Occupational Health and Safety Act 2004 (Vic);\n(m) the Occupational Safety and Health Act 1984 (WA);\n(n) the Petroleum Act 1984;\n(o) the Offshore Petroleum and Greenhouse Storage Amendment\nAct 2013 (Cth);\n(p) the Petroleum Act 1998 (VIC);\n(q) the Petroleum (Onshore) Act 1991 (NSW);\n(r) the Petroleum and Gas (Production and Safety) Act 2004\n(QLD);\n(s) the Petroleum and Geothermal Energy Resources Act 1967\n(WA);\n(t) the Petroleum and Geothermal Energy Act 2000 (SA);\n(u) the Mineral Resources Development Act 1995 (TAS);\n(v) the Corporations Act 2001 (Cth);\n(w) the Australian Securities and Commission Act 2001 (Cth);\n(x) an Act of another jurisdiction that is similar in nature and\npurpose to an Act listed above.\n","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Release of blocks and application for exploration permit","content":"16 Release of blocks and application for exploration permit\n(1AA) This section applies if the Minister intends to release, under\nsection 16A, specified blocks for exploration under an exploration\npermit.\n(1) The Minister must, by notice published in a newspaper circulating\nthroughout the Territory and on the Agency's website, invite\napplications for the grant of an exploration permit for any of the\nblocks specified in the notice.\n(2) The notice must include the following information:\n(a) the period during which applications may be made (the\napplication period);\n(b) the designated number of each block specified in the notice;\n\nPetroleum Act 1984 23\n(d) the place at which copies of any guidelines in relation to the\nmaking of an application are available for inspection;\n(da) the reasons why the specified blocks are intended to be\nreleased for exploration;\n(db) an invitation to give submissions on the release of the\nspecified blocks for exploration;\n(dc) the period during which submissions may be made is the\nsame as the application period;\n(e) any other information the Minister considers appropriate.\n(2A) A submission under subsection (2)(db) is limited to the following:\n(a) if there are other existing or proposed industries for a specified\nblock – whether exploration of the specified block is possible\nat the same time;\n(b) whether the land of a specified block is suitable for\nexploration.\nNote for subsection (2A)(b)\nThe submission may submit that the land is not suitable for exploration because\nthe land is:\n(a) subject to intensive agriculture; or\n(b) of high ecological value; or\n(c) of high scenic value; or\n(d) culturally significant; or\n(e) of strategic importance to nearby residential areas.\n(3) An application for the grant of an exploration permit must contain:\n(a) the name and address of the applicant; and\n(b) the designated number of each block the subject of the\napplication; and\n(c) a map clearly delineating:\n(i) the application area, which must not exceed 200\nadjoining blocks; and\n(ii) the boundaries of existing exploration permit or licence\nareas in the immediate vicinity of the application area;\nand\n\nPetroleum Act 1984 24\n(d) a proposed technical works programme for exploration of the\nblocks during each year of the term of the proposed\n(e) evidence of the technical and financial capacity of the\nprogramme and to comply with this Act; and\n(ea) evidence that the applicant or associated entity of the\napplicant, is an appropriate person or body to be granted an\n(eb) details of any matter relevant to the matters listed in\nsection 15A(1) and (2) to which the Minister must have regard\nin determining whether a person is an appropriate person to hold\nan exploration permit; and\n(f) if the application is made by 2 or more persons, the proposed\nsharing arrangements between the applicants; and\n(g) the name of the designated operator and evidence of the\ntechnical capacity of the operator to carry out the proposed\ntechnical works programme; and\n(h) the prescribed application fee; and\n(i) other relevant information in support of the application.\n(4) A person may apply for the grant of one or more exploration\npermits.\n(5) The Minister may, by written notice to an applicant, request:\n(a) further information relevant to the applicant or application; or\n(b) an amendment or variation of the application.\n","sortOrder":20},{"sectionNumber":"16A","sectionType":"section","heading":"Determination of release of blocks","content":"16A Determination of release of blocks\nAfter the end of the application period specified in a notice given\nunder section 16, the Minister must:\n(a) consider any applications and submissions received in relation\nto the notice; and\n(b) if an application has been received in relation to a block\nspecified in the notice, determine:\n(i) to release the block for exploration; or\n\nPetroleum Act 1984 25\n(ii) not to release the block for exploration; and\n(c) release for exploration any blocks determined under\nparagraph (b)(i); and\n(d) publish on the Agency's website:\n(i) notice of the determination under paragraph (b); and\n(ii) for a block that is released for exploration – the reasons\nwhy the block is appropriate for exploration.\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"More than one application for same block or blocks","content":"17 More than one application for same block or blocks\n(1) This section applies in relation to 2 or more applications for the\ngrant of an exploration permit if:\n(a) the application period has ended; and\n(b) the Minister has completed the procedures relevant to any\nrequests under section 16(5); and\n(c) the application areas cover all or some of the same blocks.\n(2) The Minister must decide, in accordance with any guidelines\npublished by the Minister, which application has the greatest merit\nto be given consideration for the grant of an exploration permit.\n(3) The Minister must, as soon as practicable after making the\ndecision, give each applicant whose application was unsuccessful a\nnotice stating the reasons for the decision.\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Notice of application for exploration permit","content":"18 Notice of application for exploration permit\n(1AA) This section applies in relation to an application for the grant of an\nexploration permit as soon as practicable:\n(a) after the end of the application period; or\n(b) if the Minister has made a request under section 16(5)(a) –\nafter the Minister has received all relevant information; or\n(c) if the Minister has made a request under section 16(5)(b) –\nafter all matters relevant to the amendment or variation have\nbeen completed; or\n(d) if the Minister has made a decision under section 17(2) – after\ngiving notice under section 17(3).\n\nPetroleum Act 1984 26\n(1) The Minister must cause to be published, at the expense of the\napplicant, in a newspaper circulating in the part of the Territory in\nwhich the application area is situated, or in any other publication\nthat the Minister thinks fit, a notice containing:\n(c) the name of the applicant; and\n(d) a description of the application area sufficient to enable it\nreasonably to be identified or a map upon which the proposed\nboundaries of the application area are indicated by reference\nto named geographical features; and\n(e) a statement to the effect that a person may, within 2 months\nafter the notice is published in the newspaper or other\npublication, lodge in writing with the Minister an objection to\nthe grant.\n(2) The Minister may direct an applicant to serve a copy of a notice\nunder subsection (1) on a person named in the direction.\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Objections","content":"19 Objections\n(1) Objections to the grant of an exploration permit may be lodged in\nresponse to a notice published under section 18(1) in accordance\nwith the statement referred to in section 18(1)(e).\n(2) The Minister must give to the applicant copies of the objections (if\nany) lodged under subsection (1), together with a notice to the\neffect that, within 30 days after the date of the notice, the applicant\nmay lodge with the Minister replies to or other comments about the\nobjections.\n(2A) The Minister must, as soon as practicable after receiving the\nobjections, publish the objections on the Agency's website.\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Determination of application for exploration permit","content":"20 Determination of application for exploration permit\n(2) After the date specified in the notice given under section 19(2), the\nMinister must consider the following:\n(a) the application;\n(b) any objections to the grant of the exploration permit;\n(c) any replies or other comments of the applicant;\n(d) any other information supplied to the Minister as requested\nunder section 16(5)(a);\n\nPetroleum Act 1984 27\n(e) any other matter the Minister considers relevant to the\n(3) The Minister must then determine whether to grant the exploration\npermit in respect of some or all of the blocks (including part or parts\nof a block) to which the application relates or refuse to grant the\n(4) If the Minister determines to grant the exploration permit, the\nMinister must give the applicant a notice stating the following:\n(a) the conditions subject to which the Minister is prepared to\ngrant the exploration permit;\n(b) the date, which must be at least 28 days after the date of the\nnotice, when the application will lapse if the Minister has not\nreceived the applicant's written acceptance of those\nconditions.\n(5) If the Minister receives the applicant's written acceptance of the\nconditions within the specified time, the Minister must grant the\napplicant the exploration permit subject to those conditions.\n(6) If the Minister grants an exploration permit in respect of part only of\nMinister expressly states otherwise when granting the exploration\npermit, remains in force in respect of the remainder of the land to\n(7) If the Minister determines to refuse to grant the exploration permit,\nthe Minister must, as soon as practicable, give the applicant a\nnotice of the determination stating the reasons for the\ndetermination.\n","sortOrder":25},{"sectionNumber":"21C","sectionType":"section","heading":"No grant of exploration permit for area if permit etc. already","content":"21C No grant of exploration permit for area if permit etc. already\ngranted\nThe Minister must not grant an exploration permit in relation to an\narea that is the subject of another exploration permit or a licence.\n","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Term of exploration permit","content":"22 Term of exploration permit\n(1) Subject to sections 28(3), 30(3), 73 and 74, an exploration permit\nremains in force for 5 years commencing on the day on which it\nwas granted or last renewed.\n(2) The Minister may not renew an exploration permit more than twice.\n\nPetroleum Act 1984 28\n","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Application for renewal of exploration permit","content":"23 Application for renewal of exploration permit\n(1) A permittee may apply to the Minister to renew the permittee's\nexploration permit in relation to the blocks specified in the\nan exploration permit shall be:\n(b) made in an approved manner;\n(c) accompanied by the prescribed fee; and\n(d) accompanied by a report of the action taken by the permittee\nto restore and rehabilitate the land comprising the blocks that\nare part of the permittee's exploration permit area, but are not\nspecified in the application, and the areas adjacent to that land\nwhich are or may be affected by the permittee's operations on\nthose blocks.\n(3) In relation to an application for a renewal of an exploration permit,\n(a) shall, where the application is received not earlier than\n6 months before, but not later than 3 months before, the\nexpiration of the exploration permit;\nbefore the expiration of the exploration permit; and\nof the exploration permit,\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Grant or refusal of renewal of exploration permit","content":"25 Grant or refusal of renewal of exploration permit\n(1) Where a permittee makes an application for the renewal of the\npermittee's exploration permit and the Minister accepts the\napplication, the Minister:\n(a) shall, where the permittee has complied with the conditions to\nwhich the exploration permit is subject, the directions, if any,\nlawfully given to the permittee by the Minister and with this\nAct; or\n\nPetroleum Act 1984 29\n(b) may, where the permittee has not so complied and the\nMinister is satisfied that, although the permittee has not so\nexploration permit,\nby notice, inform the permittee that:\n(c) the Minister is prepared to renew the exploration permit on the\npermittee agreeing to provide appropriate security or\nsecurities as required under this Act.\n(2) Where a permittee has not complied with the conditions to which\nthe permittee's exploration permit is subject, the directions, if any,\nlawfully given to the permittee by the Minister or with this Act and\nthe Minister is not satisfied that circumstances exist that justify the\ngranting of the renewal of the permit, the Minister shall, subject to\nsubsection (3), by notice served on the permittee, refuse to renew\nthe permit.\n(2A) A notice of the Minister's refusal to renew an exploration permit\nmust include the reasons for the refusal.\n(3) The Minister shall not refuse to renew an exploration permit unless\nthe Minister has:\n(a) by notice served on the permittee, given not less than 28 days\nnotice of the Minister's intention to refuse to renew the\nexploration permit;\n(b) in the notice:\n(i) given particulars of the reasons for the intention; and\n(ii) specified a date on or before which the permittee may,\nby notice served on the Minister, submit any matters that\nthe permittee wishes the Minister to consider; and\n(c) considered any matter so submitted by the permittee to the\nMinister on or before the specified date.\n(4) A notice under subsection (1) shall contain:\n(a) a statement of the conditions to which the exploration permit\non its renewal is to be subject; and\npermittee does not make a request under subsection (5) and\nlodge with the Minister the security referred to in the notice.\n\nPetroleum Act 1984 30\n(5) A permittee served with a notice under subsection (1) may, within\n28 days after service of the notice or a longer period agreed by the\nMinister, by written notice served on the Minister, request the\nMinister to renew the exploration permit.\n(6) If a permittee makes a request under subsection (5) within the time\nreferred to in that subsection, the Minister must renew the\n(10) Where a permittee has been served with a notice under\nsubsection (1) and has not, within the period referred to in\nsubsection (5), made the request referred to in that subsection, the\n(11) Where:\n(a) an application for the renewal of an exploration permit has\nbeen accepted; and\n(b) the exploration permit expires before:\n(i) the Minister renews, or refuses to renew, the permit; or\n(ii) the application lapses as provided by subsection (10),\nthe permit shall be deemed to continue in force in all respects until:\n(c) the Minister renews or refuses to renew the permit; or\n(d) the application so lapses,\n(12) This section operates subject to section 25A.\n","sortOrder":29},{"sectionNumber":"25A","sectionType":"section","heading":"Requirement to reduce exploration permit area","content":"25A Requirement to reduce exploration permit area\n(1) The Minister may, as part of the Minister's decision to renew an\nexploration permit, reduce the number of blocks in respect of which\nthe permit is in force to a number specified by the Minister.\n(2) For subsection (1), the Minister must take into account:\n(a) the extent to which the permittee is:\n(i) actively undertaking exploration activities in the\nexploration permit area; and\n(ii) complying with the conditions of the exploration permit;\nand\n\nPetroleum Act 1984 31\n(b) the views of the permittee about the proposed reduction.\n(3) The Minister must:\n(a) include information about a proposal to act under this section\nin the notice given to the permittee under section 25; and\n(b) if the Minister is proposing to act under this section, include in\nthe notice an invitation to the permittee to make a submission\nwithin a period specified in the notice.\n(4) The Minister may, on the basis of a request made by the permittee\nwithin the period specified under subsection (3)(b), defer a\nreduction for a period determined or approved by the Minister.\n(5) If the permittee will not accept a reduction in the number of blocks\nin respect of which the permit is in force as provided by this section,\nthe Minister may cancel the renewal of the exploration permit.\n","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Annual fee","content":"26 Annual fee\n(1) The annual fee payable in relation to an exploration permit is the\n(2) Subject to section 63, the annual fee for an exploration permit is\npayable by the permittee in advance on:\n(a) the commencement of the exploration permit; and\n(b) each anniversary of the commencement of the permit or its\nlast renewal.\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Conditions of exploration permit","content":"27 Conditions of exploration permit\nSubject to this Part, an exploration permit may be granted or\nrenewed subject to such conditions as the Minister thinks fit and\nspecifies in the permit document.\n","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Variation of condition of exploration permit","content":"28 Variation of condition of exploration permit\n(1) A permittee may apply to the Minister to vary a condition of the\npermittee's exploration permit.\n(1A) An application under subsection (1) must be accompanied by the\n(2) On receiving an application under subsection (1), the Minister may,\nby notice served on the permittee, vary a condition of the\nexploration permit in accordance with the application.\n\nPetroleum Act 1984 32\n(3) If a condition of an exploration permit which places an obligation on\nthe permittee is suspended by a variation under subsection (2), the\nMinister may, in the notice or by a later notice served on the\npermittee, extend the term of the permit by a period not exceeding\nthe period of the suspension.\n(4) Where an extension under subsection (3) of the term of an\nexploration permit is expressed to have effect from a date earlier\nthan the date on which the notice by which it is extended is signed,\nit shall have and be deemed to have had effect as if the notice had\nbeen signed on that earlier date.\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Rights conferred by exploration permit","content":"29 Rights conferred by exploration permit\n(1) An exploration permit, while it remains in force, gives the permittee,\nsubject to this Act and in accordance with the conditions to which\nthe permit is subject and the directions, if any, lawfully given by the\nMinister, the exclusive right to explore for petroleum, and to carry\non such operations and execute such works as are necessary for\nthat purpose, in the exploration permit area.\n(2) Without limiting the generality of subsection (1) but subject to this\nAct and any condition or direction referred to in that subsection, a\npermittee or, if there is more than one, the permittees jointly and\ntheir agents and employees may:\n(a) at any time, enter and remain in the exploration permit area\nwith such vehicles, vessels, machinery and equipment as are\nnecessary or convenient for carrying out the technical works\nprogramme or other exploration of the permit area; and\n(b) carry out the technical works programme and other\nexploration for petroleum in the exploration permit area; and\n(c) extract, remove or allow the release from the exploration\npermit area for sampling and testing, an amount of material\nreasonably necessary for the purpose of establishing the\npresence of petroleum, or such greater amount as is\napproved; and\n(ca) if approved by the Minister – recover petroleum on an\nappraisal basis from the permit area; and\n(d) subject to the Water Act 1992, any prior lawful activity and to\nthe directions, if any, of the Minister, use the water resources\nof the exploration permit area for the permittee's domestic use\nand for any purpose in connection with the permittee's\napproved technical works programme and other exploration.\n\nPetroleum Act 1984 33\n(3) The Minister must, subject to Division 4 and to the conditions the\nMinister thinks fit, grant a production licence to a permittee if the\npermittee has:\n(a) complied with the conditions to which the permittee's\nexploration permit is subject, the directions, if any, given to the\npermittee by the Minister and with this Act; and\n(b) discovered a commercially exploitable accumulation of\npetroleum within the permittee's exploration permit area; and\n(c) applied under section 45 for a production licence in relation to\nthe blocks where the accumulation occurs.\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Notice to apply for production licence","content":"30 Notice to apply for production licence\n(1) Subject to subsection (6), where the Minister is satisfied that a\ncommercially exploitable accumulation of petroleum may occur in\nan exploration permit area, the Minister may, by notice served on\nthe permittee, require the permittee to show cause why the\npermittee should not apply for a production licence in relation to the\nblocks where the accumulation may occur and specify a date, being\nnot earlier than 6 months after the date of the notice, before which\nthe permittee should show cause.\n(2) Subject to subsection (5), where a permittee has been served with\na notice under subsection (1) and he fails to show cause to the\nsatisfaction of the Minister, before the date specified in the notice,\nthe Minister may, by notice served on the permittee, direct him to\napply for a production licence and specify a date, being not earlier\nthan 6 months after the date of the notice under this subsection,\nbefore which he shall apply for the production licence.\n(3) Subject to subsection (5), where, under subsection (2), a permittee\nhas been directed to apply for a production licence before the date\nspecified in the notice and he has failed to so apply, the Minister\nmay, by notice served on the permittee, cancel the exploration\npermit in relation to the blocks specified in the notice under\n(4) The Minister may, by notice served on the permittee, vary the date\nin a notice under subsection (1) or (2) so as to allow a longer period\nfor the permittee to show cause or apply for the production licence\nas required by the notice under subsection (1) or (2), as the case\nmay be.\n(5) Where a notice under subsection (1) or (2) has been served on a\npermittee and he has made an application to the Minister for a\nretention licence in relation to the blocks to which such a notice\nrelates, the Minister may not exercise his powers under this section\n\nPetroleum Act 1984 34\nuntil the application for a retention licence has been determined.\n(6) The Minister may not exercise his powers under this section:\n(a) during the first term of the exploration permit; or\n(b) if the blocks where the commercially exploitable accumulation\nof petroleum may occur are, in whole or part, Aboriginal land\nand no agreement has been reached under the Land Rights\nAct either between the permittee and the Land Council or as\notherwise permitted under that Act, in relation to the\nproduction of petroleum in that area.\n","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Entitlement to apply for retention licence","content":"31 Entitlement to apply for retention licence\nWhere a permittee has:\n(a) by drilling operations in the permittee's exploration permit\narea, established the presence of petroleum;\n(b) given notice, under section 64, to the Minister of the presence\nof the petroleum in the permittee's exploration permit area;\nand\n(c) satisfied the Minister that the petroleum present in the\npermittee's exploration permit area is potentially of a\ncommercial quality and quantity,\nthe permittee may apply for one or more retention licences in\nrelation to the whole or part of the permit area.\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Application for retention licence","content":"32 Application for retention licence\n(1) Subject to this Act, a permittee may apply for a retention licence by\nlodging with the Minister the following:\n(a) a statement containing the name and address of the applicant;\n(ba) a statement justifying the number of blocks subject to the\n(c) a map clearly delineating the application area and the\nboundaries of the existing exploration permit area from which\nthe application area is to be excised;\n\nPetroleum Act 1984 35\n(d) evidence, satisfactory to the Minister, that:\n(i) the applicant is the permittee of the application area;\n(ii) the applicant has established the presence of petroleum\nwithin the application area and notified, under\nsection 64, the Minister of the presence of petroleum;\nand\n(iii) although the petroleum present is potentially of a\ncommercial quality and quantity, production from the\napplication area is not, at the present time, commercially\nviable;\n(e) a proposed technical works programme for the exploration,\nappraisal and development of petroleum within the application\narea, including an economic appraisal in relation to the\npresence of petroleum, during the period of the proposed\nlicence;\n(f) evidence of the technical and financial capacity of the\nprogramme and to comply with this Act;\n(g) where the application is made by 2 or more persons, the\nproposed sharing arrangements between the applicants;\n(j) the prescribed application fee;\n(k) a statement of the reasons why the applicant:\n(i) believes that an appraisal of the application area cannot\nbe carried out during the unexpired term of the\n(ii) has not applied for a production licence in relation to the\napplication area;\n(m) such other information in support of the application as the\napplicant thinks fit.\n(2) Where the Minister has received an application for a retention\nlicence, the Minister may, by notice served on the applicant,\nrequest further information in relation to the applicant or the\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Size of retention licence area","content":"33 Size of retention licence area\n(1) A permittee must not apply for a retention licence in respect of an\narea which is constituted by more than 200 blocks.\n\nPetroleum Act 1984 36\n(2) A permittee must not apply for a retention licence in respect of an\narea which is constituted by more than one block unless the blocks\nform a discrete area which conforms to an approved shape.\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Grant or refusal of retention licence","content":"34 Grant or refusal of retention licence\n(1) The Minister may determine to grant a retention licence in respect\nof all, or part, of the land to which an application under section 32\nrelates, subject to the conditions the Minister thinks appropriate, if\nsatisfied that:\n(a) the applicant complied with the requirements of this Act\nrelating to an application for a retention licence; and\n(b) the applicant, as a permittee, complied with the provisions of\nthis Act relating to the exploration permit and the exploration\npermit area and the directions, if any, given to the applicant by\nthe Minister.\n(2) Where the Minister determines under subsection (1) to grant a\nretention licence, he shall give notice to the applicant of:\n(a) the conditions subject to which he is prepared to grant it; and\nnotice, upon which the application shall lapse unless the\nMinister has received from him an acceptance of the\nconditions specified in the notice.\n(3) Where the Minister receives from an applicant, within the time\nspecified, a written acceptance of the conditions specified in a\nnotice under subsection (2), he shall grant to the applicant a\nretention licence, subject to those conditions.\n(3A) If the Minister grants a retention licence in respect of part only of\nMinister expressly states otherwise when granting the retention\nlicence, remains in force in respect of the remainder of the land to\n(4) Where the Minister determines not to grant a retention licence he\nshall, as soon as practicable after he has so determined, serve\nnotice of his refusal on the applicant.\n(5) A notice of the Minister's refusal to grant a retention licence must\n\nPetroleum Act 1984 37\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Exploration permit not affected","content":"35 Exploration permit not affected\nThe term and area of an exploration permit are not affected by:\n(a) an application for a retention licence; or\n(b) the determination of the Minister not to grant a retention\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Term of retention licence","content":"36 Term of retention licence\nSubject to sections 43(3), 73 and 74, a retention licence remains in\nforce for a period of 5 years commencing on the date on which it\nwas granted or last renewed.\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Application for renewal of retention licence","content":"37 Application for renewal of retention licence\n(1) A retention licensee may apply to the Minister for the renewal of the\na retention licence shall be:\n(b) made in an approved manner; and\n(c) accompanied by the prescribed fee.\n(3) In relation to an application for a renewal of a retention licence, the\nMinister:\n(a) shall, where an application for the renewal of a retention\nlicence is received not earlier than 6 months, but not later than\n3 months, before the expiration of the licence;\nbefore the expiration of the licence; and\nof the licence,\n\nPetroleum Act 1984 38\n","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Grant or refusal of renewal of retention licence","content":"38 Grant or refusal of renewal of retention licence\n(1) Where, under section 37, the Minister accepts an application by a\nretention licensee for the first renewal of the licensee's retention\nlicence, the Minister:\n(a) shall, where the retention licensee has complied with the\nconditions to which the licence is subject, the lawful directions,\nif any, given to the licensee by the Minister and with this Act;\nor\n(b) may, where the retention licensee has not so complied and\nthe Minister is satisfied that, although the licensee has not so\nlicence,\nby notice in writing, inform the licensee that the Minister is prepared\nto renew the licence.\n(2) Where, under section 37, the Minister accepts an application by a\nretention licensee for the renewal of the licensee's retention licence,\nother than the first renewal of the retention licence, the Minister\nmay inform the licensee, by notice served on the licensee, that the\nMinister is prepared to renew the retention licence and, if the\nretention licence is so renewed, it is renewed for a term of 5 years.\n(3) Where, under section 37, the Minister accepts an application by a\nretention licensee for the renewal of the licensee's retention licence\nbut the retention licensee has not complied with the conditions to\nwhich the licence is subject, the lawful directions, if any, given to\nthe licensee by the Minister and this Act and, in the case of an\napplication for the first renewal of the retention licence, the Minister\nis not satisfied that circumstances exist that justify the renewal of\nthe licence, the Minister shall, subject to subsection (5), by notice\nserved on the retention licensee, refuse to renew the licence.\n(3A) A notice of the Minister's refusal to renew a retention licence must\n(4) Before exercising his or her powers under subsection (1), (2) or (3),\nthe Minister may, by notice served on the applicant, require the\napplicant to lodge with the Minister, before the date specified in the\nnotice:\n(a) an analysis of the work undertaken and expenditure incurred\nduring the term of the licence and details of the results of the\nwork;\n(b) a statement of the reasons why the applicant has not applied\nfor a production licence in relation to the licence area;\n\nPetroleum Act 1984 39\n(c) a technical works programme for the term of the proposed\nrenewal; and\n(d) such other information as the Minister thinks fit.\n(5) The Minister shall not refuse to renew a retention licence unless the\nMinister has:\n(a) by notice served on the retention licensee, given not less than\n28 days notice of the Minister's intention to refuse to renew\nthe licence;\n(b) in the notice:\n(i) given particulars of the reasons for the Minister's\nintention to refuse to renew the licence; and\n(ii) specified a date on or before which the retention\nlicensee may, by notice served on the Minister, submit\nany matters that the licensee wishes the Minister to\nconsider; and\n(c) taken into account any matters so submitted to the Minister on\nor before the specified date by the retention licensee.\n(6) Notices under subsections (1) and (2) shall contain:\n(a) a statement of the conditions to which the retention licence on\nits renewal is to be subject; and\nretention licensee does not make a request under\nsubsection (7).\n(7) A retention licensee served with a notice under subsection (1) or (2)\nmay, within 28 days after service of the notice or a longer period\nagreed by the Minister, by notice served on the Minister, request\nthe Minister to renew the retention licence.\n(8) If a retention licensee makes a request under subsection (7) within\nthe time referred to in that subsection, the Minister must renew the\nretention licence.\n(12) Where a retention licensee has been served with a notice under\nsubsection (1) or (2) but has not made the request referred to in\nsubsection (7) within the period referred to in that subsection, the\n\nPetroleum Act 1984 40\n(13) Where:\n(a) an application for the renewal of a retention licence has been\naccepted; and\n(b) the retention licence would, but for this subsection, expire\nbefore:\n(i) the Minister renews, or refuses to renew, the retention\n(ii) the application lapses as provided by subsection (12),\nthe retention licence shall be deemed to continue in force in all\nrespects until:\n(c) the Minister renews, or refuses to renew, the retention licence;\nor\n(d) the application so lapses,\n","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Annual fee","content":"39 Annual fee\n(1) The annual fee payable in relation to a retention licence is the\n(2) Subject to section 63, the annual fee for a retention licence is\npayable by the retention licensee in advance on:\n(a) the commencement of the retention licence; and\n(b) each anniversary of the commencement of the retention\nlicence or its last renewal.\n","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Conditions of retention licence","content":"40 Conditions of retention licence\nSubject to this Part, a retention licence may be granted subject to\nsuch conditions as the Minister thinks fit and specifies in the licence\ndocument.\n","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Variation of condition of retention licence","content":"41 Variation of condition of retention licence\n(1) A retention licensee may apply to the Minister to vary a condition of\nthe licence.\n(2) An application under subsection (1) must be accompanied by the\n\nPetroleum Act 1984 41\n(3) On receiving an application under subsection (1), the Minister may,\nby notice served on the licensee, vary a condition of the licence.\n(4) If a retention licensee applies under subsection (1) to vary a\ncondition of the licence which relates to the technical works\nprogram, the Minister may, after consultation with the retention\nlicensee, appoint a person to evaluate the proposed variation and\nreport their findings to the Minister.\n(5) If the Minister appoints a person under subsection (4), the cost of\nthe person's services is a debt due and payable to the Territory by\nthe retention licensee and may be recovered in a court of\ncompetent jurisdiction.\n","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Rights conferred by retention licence","content":"42 Rights conferred by retention licence\n(1) A retention licence, while it remains in force, gives the retention\nlicensee or, if there is more than one, the retention licensees jointly,\nsubject to this Act and in accordance with the conditions to which\nthe licence is subject and the directions, if any, lawfully given by the\nMinister, the exclusive right to carry on in the licence area such\ngeological, geophysical and geochemical programmes and other\noperations and works, including appraisal drilling, as are reasonably\nnecessary to evaluate the development potential of the petroleum\nbelieved to be present in the licence area.\n(1A) A retention licence allows the recovery of petroleum on an appraisal\nbasis if approved by the Minister.\n(2) Where a retention licensee has:\n(a) complied with the conditions of the retention licensee's\nlicence, the lawful directions (if any) of the Minister and this\nAct;\n(b) applied, in accordance with Division 4, for a production licence\nin relation to the whole or part of the licensee's retention\nlicence area; and\n(c) discovered a commercially exploitable accumulation of\npetroleum within the licensee's retention licence area,\nthe Minister shall, subject to Division 4 and to such conditions as\nthe Minister thinks fit, grant to the licensee a production licence.\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Notice to apply for production licence","content":"43 Notice to apply for production licence\n(1) Subject to subsection (5), where the Minister is satisfied that\ncommercial production of petroleum should commence in a\nretention licence area, he may, by notice served on the retention\n\nPetroleum Act 1984 42\nlicensee, require him to show cause why he should not apply for a\nproduction licence in relation to the blocks where the commercially\nexploitable accumulation of petroleum occurs and specify a date,\nbeing not earlier than 6 months after the date of the notice, by\nwhich the licensee should show cause.\n(2) Where a retention licensee has been served with a notice under\nsubsection (1) and he fails to show cause to the satisfaction of the\nMinister, within the time specified in the notice, the Minister may, by\nnotice served on the retention licensee, direct him to apply for a\nproduction licence and specify a date, being not earlier than\n3 months after the date of the notice, by which the licensee should\napply for the production licence.\n(3) Where, under subsection (2), a retention licensee has been\ndirected to apply for a production licence before a date specified in\nthe direction and the licensee has failed to so apply, the Minister\nmay, by notice served on the licensee, cancel his licence.\n(4) The Minister may, by notice served on a retention licensee, vary the\ndate in a notice under subsection (1) or (2) so as to allow a longer\nperiod for the retention licensee to show cause or apply for a\nproduction licence.\n(5) The Minister may not exercise his powers under this section if the\nblocks where the commercially exploitable accumulation of\npetroleum occurs are, in whole or part, Aboriginal land and no\nagreement in relation to the production of petroleum in that area\nhas been reached under the Land Rights Act between the retention\nlicensee and the Land Council or as otherwise permitted under that\nAct.\n","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Applicant","content":"44 Applicant\nA person who is:\n(a) a permittee; or\n(b) a retention licensee,\nmay apply for a production licence in relation to the whole or part of\nhis or her exploration permit or licence area.\n\nPetroleum Act 1984 43\n","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Application for production licence","content":"45 Application for production licence\n(1) Subject to this Act, a permittee or licensee may apply for a\nproduction licence by lodging the following with the Minister:\n(a) a statement containing the name and address of the applicant;\n(ba) a statement justifying the number of blocks subject to the\n(c) a map clearly delineating the application area and the\nboundaries of the existing exploration permit or retention\nlicence area in which the application is comprised;\n(d) a proposed technical works programme specifying the\nproposals for exploration, appraisal and production of\npetroleum from within the proposed licence area;\n(e) evidence of the technical and financial capacity of the\nprogramme and to comply with this Act;\n(ea) evidence that the applicant or associated entity of the\napplicant, is an appropriate person or body to be granted a\nproduction licence;\n(eb) details of any matter relevant to the matters listed in\nsection 15A(1) and (2) to which the Minister must have regard\nin determining whether a person is an appropriate person to hold a\nproduction licence;\n(f) proposals for the protection of the environment, including\nproposed measures to be undertaken by the applicant for the\nrehabilitation of the licence area or other affected areas;\n(g) where the application is made by 2 or more persons, the\nproposed sharing arrangements between the applicants;\n(j) the prescribed application fee;\n(k) such other information in support of the application as the\napplicant thinks fit.\n(2) Where the Minister has received an application for a production\nlicence, the Minister may, by notice served on the applicant,\nrequest further information in relation to the applicant or the\n\nPetroleum Act 1984 44\n(3) A permittee or licensee may apply for one or more production\nlicences.\n","sortOrder":50},{"sectionNumber":"46","sectionType":"section","heading":"Size of production licence","content":"46 Size of production licence\n(1) A person must not apply for a production licence in respect of an\narea which is constituted by more than 200 blocks.\n(2) A person must not apply for a production licence in respect of an\narea which is constituted by more than one block unless the blocks\nform a discrete area which conforms to an approved shape.\n(3) The Minister may grant a production licence in respect of:\n(a) an area of less than one block; or\n(b) blocks which form more than one discrete area,\nwhere he is of the opinion that circumstances justify his doing so or\nit is in the public interest to do so.\n","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Grant of production licence","content":"47 Grant of production licence\n(1) Where the Minister:\n(a) has received an application under section 45;\n(b) is satisfied that the applicant has complied with the\nrequirements of this Act relating to an application for a\nproduction licence; and\n(c) is satisfied that he or she is required under section 29(3)\nor 42(2) to grant to the applicant a production licence in\nrelation to specific blocks,\nthe Minister must determine to grant to the applicant the production\nlicence subject to conditions.\n(2) Where the Minister:\n(a) has received an application under section 45; and\n(b) is satisfied that, although the applicant has not complied with\nthe conditions under which the applicant's exploration permit\nor licence was granted, the lawful directions, if any, given to\nthe applicant by the Minister or this Act, circumstances exist\nthat justify the granting of the production licence,\nthe Minister may determine to grant to the applicant the production\nlicence in respect of all, or part, of the land to which the application\nrelates subject to conditions or refuse to grant it.\n\nPetroleum Act 1984 45\n(3) Where the Minister exercises his or her power under subsection (1)\nor (2) and determines to grant to an applicant a licence, the Minister\nshall grant a licence only in relation to the minimum number of\nblocks which, in his or her opinion, is reasonably necessary for the\napplicant to fully exploit the commercially exploitable accumulation\nof petroleum which occurs in the application area.\n(4) Where the Minister determines under subsection (1) or (2) to grant\na production licence, he or she shall give notice to the applicant of:\n(a) the conditions subject to which he or she is prepared to grant\nit; and\nnotice, after which the application is to lapse unless the\nMinister has received from the applicant a written acceptance\nof the conditions specified in the notice.\n(5) If the Minister receives from an applicant within the time specified in\nsubsection (4)(b) a written acceptance of the conditions specified in\nthe notice referred to in subsection (4), the Minister must grant to\nthe applicant the production licence subject to those conditions.\n(6) If the Minister does not receive a written acceptance of the\nconditions specified in the notice referred to in subsection (4) from\nan applicant within the time specified in subsection (4)(b):\n(a) the Minister must not grant the applicant the production\nlicence; and\n(b) the applicant's application lapses on the expiry of the time\nspecified in subsection (4)(b).\n(7) If the Minister grants a production licence in respect of part only of\nMinister expressly states otherwise when granting the production\nlicence and subject to subsection (3), remains in force in respect of\nthe remainder of the land to which the application relates until the\napplication is further dealt with under this Act.\n","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"Refusal to grant production licence","content":"48 Refusal to grant production licence\n(1) Where the Minister determines to refuse to grant a production\nlicence he shall, as soon as practicable after he has so determined,\nserve notice of his determination on the applicant.\n(1A) The notice of determination must include the reasons for the refusal\nto grant a production licence.\n\nPetroleum Act 1984 46\n(2) The Minister may not determine to refuse to grant a licence, unless\nhe has:\n(a) by notice served on the applicant, given not less than 28 days\nnotice of his intention to refuse to grant the licence;\n(b) in the notice, specified:\n(i) the reasons for his intended refusal; and\n(ii) a date on or before which the applicant may, by notice\nserved on the Minister, submit any matters he wishes\nthe Minister to consider; and\n(c) taken into account any matters so submitted to him on or\nbefore the specified date by the applicant.\n","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"Exploration permit or licence not affected","content":"49 Exploration permit or licence not affected\nThe term and area of an exploration permit or retention licence are\nnot affected by:\n(a) an application for a production licence; or\n(b) the determination of the Minister not to grant a production\n","sortOrder":54},{"sectionNumber":"50","sectionType":"section","heading":"Term of production licence","content":"50 Term of production licence\nSubject to sections 73 and 74, a production licence remains in force\nfor either 21 or 25 years as determined by the Minister commencing\non the date on which it was granted or, in respect of the renewal of\na production licence, the date on which it was last renewed,\nnotwithstanding that it is renewed before the date on which it would\notherwise have expired.\n","sortOrder":55},{"sectionNumber":"51","sectionType":"section","heading":"Application for renewal of production licence","content":"51 Application for renewal of production licence\n(1) A production licensee may apply to the Minister for the renewal of\nthe licence.\na production licence shall be:\n(b) made in an approved manner; and\n(c) accompanied by the prescribed fee.\n\nPetroleum Act 1984 47\n(3) In relation to an application for the renewal of a production licence,\n(a) shall, where an application is received not earlier than\n6 months before, but not later than 3 months before, the\nexpiration of the production licence;\nbefore the expiration of the licence; and\nof the licence,\n(4) In addition to subsection (3), the Minister may, if satisfied that there\nare commercial reasons that justify an application for the renewal of\na production licence being made, accept the application being\nmade at a time earlier than that specified in subsection (3)(a).\n","sortOrder":56},{"sectionNumber":"52","sectionType":"section","heading":"Grant or refusal of renewal of production licence","content":"52 Grant or refusal of renewal of production licence\n(1) Where, under section 51, the Minister accepts an application by a\nproduction licensee for the first renewal of his production licence,\n(a) shall, where the production licensee has complied with the\nconditions to which the licence is subject, the lawful directions,\nif any, given to him by the Minister and this Act; or\n(b) may, where the production licensee has not so complied and\nthe Minister is satisfied that, although the licensee has not so\nlicence,\nby notice in writing, inform the licensee that the Minister is prepared\nto renew the licence.\n(2) Where, under section 51, the Minister accepts an application by a\nproduction licensee for the renewal of his production licence, other\nthan the first renewal of the licence, the Minister may, by notice\nserved on him, inform the production licensee that he is prepared to\nrenew the production licence and, if the production licence is so\nrenewed, it is renewed for such term, not exceeding 25 years, as is\nspecified in the notice.\n(3) Where, under section 51, the Minister accepts an application by a\nproduction licensee for the renewal of his production licence but the\nproduction licensee has not complied with the conditions to which\nhis licence is subject, the lawful directions, if any, of the Minister\n\nPetroleum Act 1984 48\nand this Act and, in the case of an application for the first renewal of\nthe production licence, the Minister is not satisfied that\ncircumstances exist that justify the renewal of the licence, the\nMinister shall, subject to subsection (4), by notice served on the\nproduction licensee, refuse to renew the licence.\n(3A) A notice of the Minister's refusal to renew a production licence must\n(4) The Minister shall not refuse to renew a production licence unless\nhe has:\n(a) by notice served on the production licensee, given not less\nthan 28 days notice of his intention to refuse to renew the\nlicence;\n(b) served a copy of the notice on such other persons, if any, as\nhe thinks fit;\n(c) in the notice:\n(i) given particulars of the reasons for his intention to refuse\nto renew the licence; and\n(ii) specified a date on or before which the production\nlicensee may, by notice served on the Minister, submit\nany matters that he wishes the Minister to consider; and\n(d) taken into account any matters so submitted to him on or\nbefore the specified date by the production licensee or by a\nperson on whom a copy of the notice has been served under\nparagraph (b).\n(5) Notices under subsections (1) and (2) shall contain:\n(a) a statement of the conditions to which the production licence,\non its renewal is to be subject; and\nproduction licensee does not make a request under\nsubsection (6).\n(6) Where a production licensee has been served with a notice under\nsubsection (1) or (2), he may, within 28 days after the date of\nservice of the notice on him, by notice served on the Minister,\nrequest the Minister to:\n(a) renew the production licence; or\n\nPetroleum Act 1984 49\n(b) vary the conditions contained in the notice under that\nsubsection.\n(7) Where a production licensee has been served with a notice under\nsubsection (1) or (2) and has made a request under\nsubsection (6)(a), within the period referred to in subsection (6), the\nMinister shall renew the production licence subject to the conditions\nspecified in the notice under subsection (1) or (2), as the case may\nbe.\n(8) Where a production licensee has been served with a notice under\nsubsection (1) or (2) and has made a request under\nsubsection (6)(b), the Minister shall:\n(a) consider the request; and\n(b) by notice served on the licensee, inform him of the conditions\nto which the licence, on its renewal, is to be subject.\n(9) Where a production licensee has been served with a notice under\nsubsection (8)(b), he may, within 28 days after the date of service\nof the notice on him, by notice served on the Minister, request the\nMinister to renew the licence subject to the conditions specified in\nthe notice under subsection (8)(b).\n(10) Where a production licensee has served a notice under\nsubsection (9), within the period referred to in that subsection, the\nMinister shall renew the licence.\n(11) Where a production licensee has been served with a notice under\nsubsection (1) or (2) but has not made a request under\nsubsection (6), within the period referred to in subsection (6), the\n(12) Where:\n(a) an application for the renewal of a production licence has\nbeen accepted; and\n(b) the production licence would, but for this subsection, expire\nbefore:\n(i) the Minister renews, or refuses to renew, the production\n(ii) the application lapses as provided by subsection (11),\n\nPetroleum Act 1984 50\nthe production licence shall be deemed to continue in force in all\nrespects until:\n(c) the Minister renews, or refuses to renew, the production\n(d) the application lapses,\n","sortOrder":57},{"sectionNumber":"53","sectionType":"section","heading":"Annual fee","content":"53 Annual fee\n(1) The annual fee payable in relation to a production licence is the\n(2) Subject to section 63, the annual fee for a production licence is\npayable by the production licensee in advance on:\n(a) the commencement of the production licence; and\n(b) each anniversary of the commencement of the production\nlicence or its last renewal.\n","sortOrder":58},{"sectionNumber":"54","sectionType":"section","heading":"Conditions of production licence","content":"54 Conditions of production licence\n(1) Subject to this Part, a production licence may be granted subject to\nsuch conditions as the Minister thinks fit and specifies in the licence\ndocument.\n(2) Without limiting the generality of subsection (1), but subject to\nsection 55, each production licence is subject to the condition that\nthe production licensee:\n(a) shall use the licence area continuously and exclusively for the\npurposes for which it is granted;\n(b) shall not produce petroleum obtained from the licence area\nuntil the Minister authorises the commencement of production\noperations;\n","sortOrder":59},{"sectionNumber":"55","sectionType":"section","heading":"Variation of condition of production licence","content":"55 Variation of condition of production licence\n(1) A production licensee may apply to the Minister to vary a condition\nof the licence.\n(2) An application under subsection (1) must be accompanied by the\n(3) On receiving an application under subsection (1), the Minister may,\nby notice served on the licensee, vary a condition of the licence.\n\nPetroleum Act 1984 51\n(4) If a production licensee applies under subsection (1) to vary a\ncondition of the licence which relates to the technical works\nprogram, the Minister may, after consultation with the production\nlicensee, appoint a person to evaluate the proposed variation and\nreport their findings to the Minister.\n(5) If the Minister appoints a person under subsection (4), the cost of\nthe person's services is a debt due and payable to the Territory by\nthe production licensee and may be recovered in a court of\ncompetent jurisdiction.\n","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Rights conferred by production licence","content":"56 Rights conferred by production licence\nA production licence, while it remains in force, gives the production\nlicensee or, if there is more than one, the production licensees\njointly, subject to this Act and in accordance with the conditions to\nwhich the licence is subject and the directions, if any, lawfully given\nby the Minister, the exclusive right:\n(a) to explore for petroleum and recover it from the licence area;\nand\n(b) to carry out such operations and execute such works in the\nlicence area as are necessary for the exploration for and\nrecovery of petroleum.\n","sortOrder":61},{"sectionNumber":"57","sectionType":"section","heading":"Declaration of restricted area","content":"57 Declaration of restricted area\n(1) A production licensee may, by notice in the Gazette and a\nnewspaper circulating in that part of the Territory in which his\nproduction licence area is situated, declare his production licence\narea or part of that area to be a restricted area.\n(2) Where a production licensee has, under subsection (1), declared a\nrestricted area, he shall, within 3 months of the date of the notice in\nthe Gazette fence the area.\n(3) Where a production licensee fails to fence a restricted area within\n3 months after the date of the notice in the Gazette, the declaration\nhas no force or effect after the expiration of the 3 month period.\n(4) The Minister may, by notice in the Gazette, repeal or vary a\ndeclaration under subsection (1).\n(5) The production licensee has all the powers, in relation to the\nrestricted area, of a person in lawful occupation of that area.\n\nPetroleum Act 1984 52\n","sortOrder":62},{"sectionNumber":"57A","sectionType":"section","heading":"Access authorities","content":"57A Access authorities\n(1) In this section, petroleum title means an authority, however\ndescribed, under the Petroleum (Submerged Lands) Act 1981 or a\nlaw of a State to explore for or to recover petroleum.\n(2) A permittee, licensee or the lessee of a lease granted under the\nrepealed Act, or the holder of a petroleum title granted outside the\nTerritory, may apply for the grant of an access authority by lodging\nwith the Minister:\n(a) an application in the approved form and approved manner;\n(c) a statement specifying the operations that the applicant\nproposes to carry on under the access authority; and\n(d) a statement setting out any other matters that the applicant\nwishes the Minister to consider.\n(2A) An application under subsection (2) must be accompanied by the\n(3) Subject to this section, on receiving an application under\nsubsection (2), the Minister may grant or refuse to grant the access\nauthority.\n(3A) An access authority may be granted in respect of all, or part, of the\nland to which the application under subsection (2) relates.\n(3B) If the Minister grants an access authority in respect of part only of\nMinister expressly states otherwise when granting the access\nauthority, remains in force in respect of the remainder of the land to\n(4) An access authority is subject to the conditions that the Minister\ndetermines (whether in accordance with a recommendation of the\nTribunal or otherwise) and specifies in the authority.\n(5) The Minister may, at any time by written notice served on the holder\nof an access authority, vary the access authority area to which the\naccess authority is subject.\n\nPetroleum Act 1984 53\n(6) The Minister shall not grant an access authority, or vary an access\nauthority, in respect of an area that is the subject of an exploration\npermit, licence or lease of which the applicant or holder is not the\npermittee, licensee or lessee, as the case may be, unless the\nMinister has served:\n(a) a notice in accordance with subsection (7) on the permittee,\nlicensee or lessee; and\n(b) a copy of the notice on such other persons, if any, as the\nMinister thinks fit.\n(7) A notice under subsection (6) shall:\n(a) give particulars of the access authority proposed to be granted\nor of the variation proposed to be made; and\n(b) specify a date, not being earlier than 28 days after the date of\nthe notice, on or before which a person on whom the notice or\na copy is served may submit any matters that the person\nwishes the Minister to consider.\n(8) In considering an application under this section, the Minister shall\ntake into account any matters submitted on or before the date\nspecified in the notice under subsection (7).\n(9) An access authority authorises the holder, subject to this Act and\nthe conditions to which it is subject, to carry on in the access\nauthority area exploration for petroleum or operations relating to the\nrecovery of petroleum in or from the exploration permit, licence,\nlease or petroleum title in respect of which the application under\nsubsection (2) was made and any other operations specified in the\naccess authority.\n(10) An access authority remains in force for such period as is specified\nby the Minister but may be renewed by the Minister for a further\nspecified period.\n(11) An access authority may be:\n(a) surrendered by the holder by written notice served on the\nMinister; or\n(b) cancelled by the Minister by written notice served on the\nholder and a person in whose exploration permit area, licence\narea or lease area operations may be carried on in pursuance\nof the access authority.\n\nPetroleum Act 1984 54\n(12) Where an access authority has been cancelled or surrendered, or\nhas expired, the Minister may direct the person who was the holder\nof the access authority to do one or more of the following things:\n(a) remove or cause to be removed from the area to which the\naccess authority applied anything brought into the area by any\nperson engaged or concerned in the operations authorised by\nthe access authority or to make arrangements that are\nsatisfactory to the Minister with respect to those things;\n(b) subject to this Act, make good, to the satisfaction of the\nMinister, the rehabilitation of the environment in the area to\nwhich the access authority applied and any other area that\nhas been damaged by any person engaged or concerned in\nthe operations authorised by the access authority.\n(13) A person must comply with a direction under subsection (12).\n(14) A person commits an offence if:\n(a) the person is given a direction under subsection (12); and\n(c) the conduct results in a contravention of the direction and the\n(15) Strict liability applies to subsection (14)(a).\n(16) A person commits an offence if:\n(a) the person is given a direction under subsection (12); and\n(b) the person contravenes the direction.\n(17) An offence against subsection (16) is an offence of strict liability.\n(18) It is a defence to a prosecution for an offence against\nsubsection (14) or (16) if the defendant took reasonable steps and\n(19) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (18).\n\nPetroleum Act 1984 55\n57AA Report on operations under access authority\n(1) A person must comply with subsection (2) if:\n(a) the person is the holder of an access authority; and\n(b) the access authority is in force in respect of an area that\nconsists of, or includes, an exploration permit area, licence\narea, lease area or the area over which a petroleum title is\ngranted; and\n(c) the person is not the permittee, licensee, lessee or the holder\nof the petroleum title.\n(2) The person must, not later than 28 days after the end of each\nmonth during which the access authority is in force, provide the\npermittee, licensee, lessee or holder of the petroleum title with a\nreport, in writing, of:\n(a) the operations carried on in the permit area, licence area,\nlease area or the area over which a petroleum title is granted\nduring that month; and\n(b) a summary of the facts ascertained from those operations.\n(3) A person commits an offence if the person is required to provide a\nreport under subsection (2) and the person contravenes that\nrequirement.\nMaximum penalty: 100 penalty units.\n57AAA Recovery of petroleum on appraisal basis\n(1) This section applies to a person who is:\n(a) a permittee; or\n(b) a retention licensee.\n(2) The person may apply to the Minister for approval to recover\npetroleum on an appraisal basis under the relevant petroleum\ninterest.\n(3) An application for the approval of the Minister must:\n\nPetroleum Act 1984 56\n(b) be accompanied by the information required by the Minister;\nand\n(c) be accompanied by a proposal for the petroleum infrastructure\ndecommissioning security relating to any appraisal production\ninfrastructure proposed to be used in connection with the\nrecovery of petroleum on an appraisal basis; and\n(e) comply with any guidelines published by the Minister.\n(4) The Minister may give the person a written notice requesting further\ninformation to assist the Minister to determine the application.\n(5) The Minister must not approve the application unless satisfied:\n(a) that a discovery of petroleum has occurred on the permit area\nor retention licence area; and\n(b) that extended well testing is required to determine whether the\nreservoir is commercially exploitable; and\n(c) that petroleum recovered during extended well testing would\nbe flared or vented if the approval were not to be granted; and\n(d) that the applicant has obtained approval, consent or\nagreement under the Land Rights Act or the Native Title Act in\nrelation to the sale or other beneficial use of petroleum\nrecovered on an appraisal basis.\n(6) An approval under this section is subject to conditions specified by\nthe Minister on the grant of the approval.\n(7) An approval under this section is for a period determined by the\n(8) The Minister may, on the Minister's own initiative, vary a condition\nof an approval under this section.\n(9) The Minister may, on the application of a permittee or retention\nlicensee, vary a condition of an approval under this section.\n(10) The Minister may, on the application of a permittee or retention\nlicensee, extend the period of an approval under this section.\n\nPetroleum Act 1984 57\n(11) The Minister may, by written notice to a permittee or retention\nlicensee, cancel an approval under this section if the permittee or\nlicensee:\n(a) did not comply with a condition of the approval; or\n(b) has been issued with a notice under section 30 or 43.\n57AAB Transfer of interest in application for petroleum interest\n(1) This section applies to a person who:\n(a) has applied for a petroleum interest; and\n(b) is seeking to transfer the person's interest in the application to\nanother person.\n(2) The transfer has no effect unless it is approved by the Minister.\n(3) An application for the approval of the Minister must:\n(b) be accompanied by an instrument of transfer that is signed or\nexecuted in the manner specified in the approved form; and\n(c) in the case of an application for a permit or licence – be\naccompanied by the information required by the Minister\nincluding information to establish that the proposed transferee,\nand any associated entity of the proposed transferee, is an\nappropriate person to hold the permit or licence; and\n(4) The Minister may, before determining an application under this\nsection, request from the applicant or proposed transferee further\ninformation relating to the transfer to assist the Minister to\ndetermine the application.\n(5) In determining an application under this section in relation to a\npermit or licence, the Minister must be satisfied that the proposed\ntransferee, and any associated entity of the proposed transferee, is\nan appropriate person to hold the permit or licence as required by\nsection 15A (and may take into account any other matter\ndetermined to be relevant by the Minister).\n\nPetroleum Act 1984 58\n(6) If the Minister approves a transfer under this section, the Minister\nmay:\n(a) cause the transfer to be noted or given effect to in such\nmanner as the Minister thinks appropriate; and\n(b) require that any step taken in relation to the application to be\nrepeated or varied in such manner as the Minister thinks\nappropriate.\n(7) An approval under this section may be subject to any other\ncondition or requirement determined by the Minister and recorded\nas part of the Minister's approval.\n57AAC Grant relating to Aboriginal land or native title land\n(1) If any of the affected land to which an application for a petroleum\ninterest comprises Aboriginal land, the Minister may grant a\npetroleum interest for that land only if the applicant has obtained\nany permit, consent or agreement required under the Land Rights\nAct.\n(2) If the Minister is satisfied that a grant of a petroleum interest will be\na future act in relation to any of the land to be comprised in the\npetroleum interest, the Minister may grant the petroleum interest\nonly if satisfied that all procedures under the Native Title Act\nrelevant to the future act have been followed.\n57AAD Ability of Minister to vary conditions of petroleum interest\n(1) The Minister may, on the Minister's own initiative, vary a condition\nof a petroleum interest.\n(2) The Minister may take action under subsection (1) if the Minister\nbelieves on reasonable grounds that:\n(a) the interest holder has contravened a provision of this Act or a\ndirection or notice under this Act; or\n(b) without limiting paragraph (a), the interest holder has failed to\ncomply with a condition of the petroleum interest; or\n(c) the action is reasonably necessary to protect:\n(i) any aspect of the environment; or\n(ii) any person, property or infrastructure.\n\nPetroleum Act 1984 59\n(3) Before taking action under subsection (1), the Minister must:\n(a) by written notice, inform the interest holder of the proposed\naction and the reasons for it; and\n(b) allow the interest holder an opportunity to make\nrepresentations about the proposed action within a period\n(being at least 28 days) specified in the notice.\n(4) As soon as practicable after making a decision to take action under\nsubsection (1), the Minister must give notice to the interest holder\nsetting out details of the action that has been taken.\n57AAE Insurance\n(1) It is a condition of a petroleum interest that the interest holder will\nmaintain an insurance policy as required by the Minister during any\nperiod determined or directed by the Minister.\n(2) The Minister may, from time to time, require that an insurance\npolicy under subsection (1) be varied or substituted.\nSubdivision 1 Judicial review\n57ABA Judicial review of decision or determination\nAny person may seek judicial review by the Supreme Court of a\ndecision or determination specified in Schedule 2, whether or not\nany right of the person has been affected by, or as a consequence\nof, the decision or determination.\nNote for section 57ABA\nOrder 56 of the Supreme Court Rules 1987 applies in relation to judicial review.\n57AB Review by Tribunal\n(1) The Tribunal has jurisdiction to review a decision or determination\n(a reviewable decision) specified in Schedule 3.\n(2) An interested person, for a reviewable decision, is a person\nspecified in Schedule 3 for the decision.\n\nPetroleum Act 1984 60\n(3) An interested person for a reviewable decision may apply to the\nTribunal for review of the reviewable decision.\nNote for subsection (3)\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to the Tribunal for review and other relevant matters in\nrelation to reviews.\n(5) Unless the Tribunal orders otherwise, an application for review by\nthe Tribunal does not affect the operation or implementation of the\ndecision or determination under review.\nPart III General provisions relating to petroleum\ninterests\n","sortOrder":63},{"sectionNumber":"58","sectionType":"section","heading":"General conditions","content":"58 General conditions\nAn exploration permit or licence granted under this Act is subject to\nthe conditions that the permittee or licensee shall:\n(aa) pay royalties in accordance with the Petroleum Royalty\nAct 2023.\n(a) comply with such provisions of this Act as are in force from\ntime to time relating to the payment of annual fees, levies; and\n(b) conduct all operations in relation to the exploration permit or\nlicence area, with reasonable diligence, in particular in\naccordance with:\n(i) good oilfield practice; and\n(ii) the approved technical works programme; and\n(c) carry out the technical works programme and other activities\nin relation to the exploration permit or licence area in such a\nway as to cause as little disturbance as practicable to the\nenvironment and comply with such directions, if any, as the\nMinister, from time to time, gives for minimizing that\ndisturbance, or restoring or rehabilitating the disturbed surface\narea, of the land; and\n(d) not allow the escape or release from the exploration permit or\nlicence area of any petroleum except in the interest of safety\n\nPetroleum Act 1984 61\nor in accordance with good oilfield practice or the provisions of\nthe relevant technical works programme, without the approval\nof the Minister but may allow the release or removal of such\nquantities of petroleum as is reasonably required for the\npurpose of sampling and testing; and\n(e) conduct the technical works programme and other activities in\nrelation to the exploration permit or licence area in such a way\nas to not interfere with existing roads, railways, telephone or\ntelegraph lines, power lines and cables, water pipelines or\ndams or reservoirs or energy pipelines or tailing pipelines or\nstorage containers situated within the permit or licence area\nexcept in accordance with the approval of the Minister; and\n(f) comply with lawful directions, if any, of the Minister in relation\nto the protection of the environment in or upon the exploration\npermit or licence area or adjacent areas which are or may be\naffected by his operations; and\n(g) not erect a permanent structure or facility within the\nexploration permit or licence area unless the erection of the\nstructure or facility has been approved; and\n(ga) ensure, in relation to a well capable of producing or recovering\npetroleum, that a measuring device approved by the CEO is\ninstalled on the exploration permit or licence area at a location\nrequired or approved by the CEO before commencing any\nproduction or recovery operations at that well; and\n(h) where his or her exploration permit or licence area is wholly or\npartly comprised of Aboriginal land, inform his employees,\nagents and contractors working within the permit or licence\narea of:\n(i) the relevant provisions of the Land Rights Act and other\nActs relating to conduct upon Aboriginal land; and\n(ii) the principal provisions of any agreement relevant to the\nactivities of his agents, contractors and employees he\nhas reached with the relevant Land Council in relation to\nthe permit or licence area; and\n(j) conduct his operations and activities in relation to the\nexploration permit or licence area in such a way as to not\ninterfere with the lawful rights or activities of any other person.\n\nPetroleum Act 1984 62\n","sortOrder":64},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Resource management, activity and infrastructure","content":"Subdivision 2 Resource management, activity and infrastructure\nplans\n","sortOrder":65},{"sectionNumber":"59","sectionType":"section","heading":"Definitions","content":"59 Definitions\nIn this Subdivision:\nlicensee includes a person who has applied for a licence.\npermittee includes a person who has applied for a permit.\n","sortOrder":66},{"sectionNumber":"60","sectionType":"section","heading":"Types of plans","content":"60 Types of plans\n(1) A well operations management plan is a plan, prepared by a\npermittee or licensee, that demonstrates to the Minister that well\nactivities will be appropriately managed over the entire life cycle of\nthe well, including in relation to drilling, well construction, operation,\nre-entry, modification, decommissioning and the post-\ndecommissioning period, to ensure that the risks to the integrity of\nthe well are reduced to as low as is reasonably practicable.\n(2) A field management plan is a plan, prepared by a licensee for a\nproduction licence, that demonstrates to the Minister that the\nlicensee has a strategic plan for the life cycle of the field that will\nprovide for the maximum economic recovery of petroleum, and will\nreturn the optimal value of the resource, including the optimal value\nto the Territory, after taking into account good oilfield practice and\nany other relevant factor under this Act.\n(3) A petroleum surface infrastructure plan is a plan, prepared by a\nlicensee for a production licence, that demonstrates to the Minister\nthat petroleum surface infrastructure on the licence area will be\nappropriately designed, built, operated and decommissioned to\nensure that petroleum recovered under the licence will be\nappropriately managed from the point of extraction at the wellhead\nto the point of removal from the licence area in order to secure\nsupply and to return the optimal value of the resource, including the\noptimal value to the Territory, after taking into account good oilfield\npractice and any other relevant factor under this Act.\n","sortOrder":67},{"sectionNumber":"61","sectionType":"section","heading":"Application for approval","content":"61 Application for approval\n(1) A permittee or licensee who proposes to commence any\nwell-related operations under the permit or licence, or the\nproduction of petroleum under a licence, must first submit to the\nMinister, for approval:\n(a) a well operations management plan; and\n\nPetroleum Act 1984 63\n(b) in the case of a production licence:\n(i) a field management plan; and\n(ii) a petroleum surface infrastructure plan.\n(2) A plan submitted under subsection (1) must be:\n(a) in the approved form; and\n(b) accompanied by the prescribed fee.\n(3) A plan submitted under subsection (1) must include the prescribed\ninformation and comply with any guidelines published by the\n(4) The Minister may give the permittee or licensee a written notice\nrequiring further information about any matter required by regulation\nor guidelines to be included in the plan.\n(5) A permittee or licensee must comply with a notice under\nsubsection (4) within 14 days after the notice is given or within a\nlonger period allowed by the Minister.\n(6) A well operations management plan or petroleum surface\ninfrastructure plan submitted under this section must be\naccompanied by a proposal for the petroleum infrastructure\ndecommissioning security to be provided in connection with the\nplan.\n(7) A field management plan submitted under this section must be\naccompanied by an application for the approval of a rate of\nrecovery.\n(8) A proposal or application under subsection (6) or (7) must be in the\napproved form.\n","sortOrder":68},{"sectionNumber":"61A","sectionType":"section","heading":"Approval","content":"61A Approval\n(1) The Minister must not approve a plan under this Subdivision unless\nsatisfied:\n(a) that the plan has been prepared in accordance with the\nrequirements of this Act, including any relevant approved code\nof practice; and\n(b) that the plan demonstrates that the permittee or licensee has\nadequately considered and addressed all the factors and risks\nrelevant to ensuring that the plan meets its objectives under\n\nPetroleum Act 1984 64\n(2) The Minister may on the receipt of a plan and any additional\ninformation provided by a permittee or licensee under this\nSubdivision:\n(a) approve the plan; or\n(b) not approve the plan on the basis that the Minister cannot\napprove the plan under subsection (1).\n(3) The Minister must make a decision under subsection (2) within the\ndesignated period together with any period that the permittee or\nlicensee takes to comply with a notice under section 61(4) if a\nnotice is given under that section.\n(4) A plan approved by the Minister under this section is subject to any\nconditions specified by the Minister on the approval of the plan.\n(5) The rate of recovery may be approved by the Minister if the Minister\nis satisfied that the rate at which petroleum will be extracted under\nthe field management plan is consistent with good oil field practice\nand seeks to maximise the economic development potential of the\nfield and the return of the optimal value of the resource.\n(6) In this section:\ndesignated period means:\n(a) in the case of a well operations management plan – 45 days\nfrom when the plan is submitted for approval; and\n(b) in the case of a field management plan – 120 days from when\nthe plan is submitted for approval; and\n(c) in the case of a petroleum surface infrastructure plan –\n90 days from when the plan is submitted for approval.\n","sortOrder":69},{"sectionNumber":"61B","sectionType":"section","heading":"Review of plan","content":"61B Review of plan\n(1) An approved plan may be reviewed at any time by the permittee or\nlicensee (but a revised plan does not have effect unless approved\nby the Minister).\n(2) An approved plan must be reviewed:\n(a) in the case of a well operations management plan:\n(i) before the permittee or licensee commences an activity\nnot covered by the plan or inconsistent with the plan; or\n\nPetroleum Act 1984 65\n(ii) before the permittee or licensee makes a significant\nchange to the manner in which risks to the integrity of a\nwell covered by the plan are managed so as to be as low\nas is reasonably practicable; or\n(iii) as soon as practicable after the integrity of a well\ncovered by the plan becomes subject to a significant\nnew risk or a significantly increased level of risk; or\n(b) in the case of a field management plan:\n(i) before the licensee makes a significant change to the\ndevelopment strategy or management strategy of the\nfield covered by the plan; or\n(ii) before the licensee makes a significant change to the\nequipment or procedures used to determine the quantity\nor composition of petroleum or water produced during\noperations; or\n(iii) before ceasing production for a material period of time;\nor\n(c) in the case of a petroleum surface infrastructure plan:\n(i) before the licensee commences an activity not covered\nby the plan or inconsistent with the plan; or\n(ii) before the licensee makes a significant change to the\nmanner in which risks to the integrity of any surface\ninfrastructure covered by the plan are managed so as to\nbe as low as is reasonably practicable; or\n(iii) as soon as practicable after the integrity of any surface\ninfrastructure covered by the plan becomes subject to a\nsignificant new risk or a significantly increased level of\nrisk; or\n(d) if the plan has been in operation for 5 years since it was\napproved without review, or since it was last reviewed; or\n(e) if the Minister directs that the plan must be reviewed; or\n(f) if a review is required in prescribed circumstances.\n(3) A review must be conducted:\n(a) in accordance with prescribed requirements; and\n(b) within a prescribed period.\n\nPetroleum Act 1984 66\n(4) A copy of a plan revised after being reviewed under this section\nmust be given to the Minister in accordance with any prescribed\nrequirements.\n(5) A revised plan given to the Minister under subsection (4) must be\naccompanied by the prescribed fee.\n(6) The Minister may on the receipt of a revised plan:\n(a) approve the revised plan; or\n(b) not approve the revised plan on the basis that the revisions\nare inappropriate or would not allow the plan to be approved\nas an original plan under this Act.\n","sortOrder":70},{"sectionNumber":"61C","sectionType":"section","heading":"Variation of conditions","content":"61C Variation of conditions\n(1) The Minister may, if the Minister considers it appropriate after\nconsultation with a permittee or licensee, by written notice served\non the permittee or licensee, vary a condition of an approved plan.\n(2) A permittee or licensee may apply to the Minister to vary a condition\nof an approved plan.\n(3) An application under subsection (2) must be:\n(a) in the approved form; and\n(b) accompanied by the prescribed fee.\n(4) On receiving an application under subsection (2), the Minister may,\nby notice served on the permittee or licensee, vary a condition of an\napproved plan in accordance with the application.\n","sortOrder":71},{"sectionNumber":"61D","sectionType":"section","heading":"Transfer of permit or licence","content":"61D Transfer of permit or licence\n(1) An approved plan continues to apply in relation to a permit or\nlicence if an interest in the permit or licence is transferred to\nanother person.\n(2) Subsection (1) does not prevent a revised plan being approved\nunder section 61B.\n","sortOrder":72},{"sectionNumber":"61E","sectionType":"section","heading":"Offences relating to plans","content":"61E Offences relating to plans\n(1) A permittee or licensee commits an offence if:\n(a) the permittee or licensee intentionally engages in conduct; and\n\nPetroleum Act 1984 67\nrequired under this Subdivision and the permittee or licensee\nis reckless in relation to that circumstance; and\n(c) the activity is not covered by the plan.\nMaximum penalty: 2 000 penalty units.\n(2) Strict liability applies to subsection (1)(c).\n(3) A permittee or licensee commits an offence if:\n(a) the permittee or licensee engages in conduct; and\nrequired under this Subdivision; and\n(c) the activity is not covered by the plan.\n(5) A permittee or licensee commits an offence if:\n(a) the permittee or licensee intentionally engages in conduct; and\nrequired under this Subdivision and the permittee or licensee\nis reckless in relation to that circumstance; and\n(c) the permittee or licensee is the holder of the plan for the\nactivity; and\n(d) the conduct results in a contravention of the plan and the\npermittee or licensee is reckless in relation to that result.\nMaximum penalty: 2 000 penalty units.\n(6) Strict liability applies to subsection (5)(c).\n(7) A permittee or licensee commits an offence if:\n(a) the permittee or licensee engages in conduct; and\nrequired under this Subdivision; and\n(c) the permittee or licensee is the holder of the plan for the\nactivity; and\n\nPetroleum Act 1984 68\n(d) the conduct results in a contravention of the plan.\nsubsection (1), (3), (5) or (7) if the defendant took reasonable steps\nNote for subsection (10)\nThe defendant has an evidential burden in relation to these defences (see\nsection 43BU of the Criminal Code).\n(11) A permittee or licensee is exempt from an offence against this\nsection if acting in an emergency in which there is a likelihood of\nany of the following:\n(a) injury;\n(b) significant discharge of fluids from a well;\n(c) damage to:\n(i) an underground formation that contains petroleum; or\n(ii) an aquifer; or\n(iii) any other part of the environment;\n(d) significant damage to a well or surface infrastructure.\nNote for subsection (11)\nThe permittee or licensee has an evidential burden in relation to this exemption\n(see section 43BU of the Criminal Code).\n","sortOrder":73},{"sectionNumber":"61F","sectionType":"section","heading":"Specific duty relating to well and surface infrastructure","content":"61F Specific duty relating to well and surface infrastructure\nintegrity\n(1) A permittee or licensee must take reasonable steps to:\n(a) identify and assess any hazard or risk that might compromise\nthe integrity of a well or surface infrastructure; and\n(b) implement and maintain measures to eliminate or, if that is not\nreasonably practicable, control, any hazard or risk that might\ncompromise the integrity of a well or surface infrastructure.\n\nPetroleum Act 1984 69\nlicensee fails to take reasonable steps to control any hazard or risk\nthat might compromise the integrity of a well or surface\ninfrastructure.\n","sortOrder":74},{"sectionNumber":"61G","sectionType":"section","heading":"Specific provision for rate of recovery","content":"61G Specific provision for rate of recovery\n(1) The Minister may, at any time during the term of the licence, direct\na petroleum licensee to:\n(a) provide information necessary to ensure that an appropriate\nrate of recovery is being achieved under the licence; or\n(b) increase or decrease the rate of recovery under the licence to\na rate acceptable to the Minister; or\n(c) cease operations at a well or wells specified by the Minister; or\n(d) review the relevant field management plan and submit a new\nrate of recovery proposal for approval.\n(2) A review under subsection (1)(d) must be conducted:\n(a) in accordance with the Minister's direction; and\n(b) within a period specified by the Minister.\n(3) The Minister may, when satisfied that an appropriate rate of\nrecovery has been established following a review under\nsubsection (1)(d), approve a new rate of recovery.\n(4) A person commits an offence if the person is subject to a direction\nunder subsection (1) and the person contravenes the direction.\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant took reasonable steps and exercised\n(7) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (6).\n\nPetroleum Act 1984 70\n","sortOrder":75},{"sectionNumber":"61H","sectionType":"section","heading":"Annual reports","content":"61H Annual reports\n(1) An interest holder must, within 1 month after the end of each\nreporting period, give to the Minister a report for that reporting\nperiod that relates to the interest holder's petroleum interest (an\nannual report).\n(2) The annual report must be in the approved form.\n(3) The annual report must be provided even if work under the\npetroleum interest is suspended.\n(4) The annual report must include the prescribed information.\n(5) The Minister may, by written notice, direct the interest holder to\nprovide any information that should have been included in an\nannual report under this section.\n(6) A direction under subsection (5) must be given within 1 month after\nthe annual report is given to the Minister under subsection (1).\n(7) The interest holder must comply with a direction under\nsubsection (5) within 14 days after the direction is given or within a\nlonger period allowed by the Minister.\n(8) An interest holder commits an offence if the interest holder\ncontravenes a requirement under subsection (1) or (7).\n(9) An offence against subsection (8) is an offence of strict liability.\n(10) If an interest holder fails to comply with a requirement to give a\nreport or information to the Minister under this section within the\nperiod required under this section, the prescribed late lodgement\nfee is payable by the interest holder for each week or part of a week\nwhile the interest holder is in default.\n(11) The Minister may remit an amount payable under subsection (10) in\n(12) The Minister may recover an amount payable under subsection (10)\n(13) A reference in this section to an interest holder includes a reference\nto a former interest holder in relation to the last reporting period for\nthe relevant petroleum interest.\n\nPetroleum Act 1984 71\n","sortOrder":76},{"sectionNumber":"61J","sectionType":"section","heading":"Survey and other reports","content":"61J Survey and other reports\n(1) An interest holder must give the Minister the following reports with\nrespect to surveys conducted in relation to a petroleum interest:\n(a) a weekly survey report;\n(b) for a downhole survey – a downhole survey report;\n(c) for a geophysical or geological survey:\n(i) an acquisition report; and\n(ii) a processing report; and\n(iii) a final survey report in the form of an interpretation\nreport.\n(2) A report under subsection (1) must be provided to the Minister as\nfollows:\n(a) a weekly survey report must be provided at the end of each\nweek while the survey is being conducted;\n(b) a downhole survey report must be provided by the end of the\nmonth after the month during which the survey was\ncompleted, or within a longer period allowed by the Minister in\na particular case;\n(c) an acquisition report, a processing report or a final survey\nreport must be provided within 12 months after the completion\nof the acquisition of the data associated with the survey, or\nwithin a longer period allowed by the Minister in a particular\ncase.\n(3) An interest holder must give to the Minister a prescribed report if\nthe interest holder undertakes a geoscientific study or the\nreprocessing of pre-existing data acquired in a geophysical or\ngeological survey.\n(4) A report under subsection (3) must be provided to the Minister\nwithin 12 months after the study is undertaken or reprocessing of\nthe data is completed.\n(5) A report under this section must be provided in the approved form.\n(6) A report under this section must:\n(a) include the prescribed information; and\n\nPetroleum Act 1984 72\n(b) comply with, and be accompanied by any information required\nby, reporting guidelines published by the Minister for the\npurposes of this section.\n(7) A person commits an offence if the person is required to give a\n(9) If an interest holder fails to comply with a requirement to give a\nreport to the Minister under this section within the period required\nunder this section, the prescribed late lodgement fee is payable by\nthe interest holder for each week or part of a week while the interest\nholder is in default.\n(10) The Minister may remit an amount payable under subsection (9) in\n(11) The Minister may recover an amount payable under subsection (9)\n","sortOrder":77},{"sectionNumber":"61K","sectionType":"section","heading":"Well completion reports","content":"61K Well completion reports\n(1) A permittee or licensee must give reports under this section if the\ndrilling or boring of a well on a permit or licence area ceases or is\ncompleted.\n(2) The permittee or licensee must give to the Minister:\n(a) within 3 months after rig release – an initial well completion\nreport in the approved form; and\n(b) within 12 months after rig release, or within a longer period\nallowed by the Minister – a final well completion report in the\napproved form.\n(3) A report under this section must include the prescribed information\nand comply with any guidelines published by the Minister for the\npurposes of this section.\n(4) A person commits an offence if the person is required to give a\n\nPetroleum Act 1984 73\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) If a permittee or licensee fails to comply with a requirement to give\na report to the Minister under this section within the period required\nunder this section, the prescribed late lodgement fee is payable by\nthe permittee or licensee for each week or part of a week while the\ninterest holder is in default.\n(7) The Minister may remit an amount payable under subsection (6) in\n(8) The Minister may recover an amount payable under subsection (6)\n(9) A report given to the Minister under this section remains\nconfidential until the earliest of the following (and then may be\nreleased by the Minister):\n(a) 2 years from rig release;\n(b) the date on which the permit or licence comes to an end\n(without a licence or new licence being granted to the\npermittee or licensee);\n(c) the relinquishment of the block where the well was located.\n","sortOrder":78},{"sectionNumber":"61L","sectionType":"section","heading":"Samples","content":"61L Samples\n(1) A permittee or licensee must offer to the Minister:\n(a) all cuttings collected and core obtained from a well within\n6 months after rig release; and\n(b) all fluid and gas samples obtained from a well as soon as\npracticable after they are collected.\n(2) A sample must be collected, prepared, identified and provided to\nthe Minister in accordance with any guidelines published by the\nMinister for the purposes of this section.\n(3) A sample, or a portion of a sample, provided to the Minister must be\naccompanied by the approved form.\n(4) The Minister may:\n(a) determine that a sample, or a class of sample, is not required\nto be submitted to the Minister; or\n\nPetroleum Act 1984 74\n(b) determine that a portion of a sample may be retained by the\npermittee or licensee.\n(5) The Minister may require that a sample, or a portion of a sample,\nretained by a permittee or licensee under subsection (4), be\nsubmitted to the Minister at a later time.\n(6) A sample, or a portion of a sample, must not be:\n(a) sent overseas by a permittee or licensee without the approval\nof the Minister; or\n(b) disposed of or destroyed by a permittee or licensee without\nthe approval of the Minister.\n(7) An approval under subsection (6) may be granted subject to\nconditions determined by the Minister.\n(8) The Minister may store, retain or dispose of a sample, or a portion\nof a sample, provided under this section as the Minister considers\nappropriate.\n(9) The Minister may release a sample, or a portion of a sample, as\nprovided by regulation.\n(10) A permittee or licensee commits an offence if the permittee or\nlicensee is required to comply with a provision of this section and\nthe permittee or licensee contravenes that requirement.\n(11) A permittee or licensee commits an offence if the permittee or\nlicensee is subject to a condition imposed by the Minister under this\nsection and the permittee or licensee contravenes that condition.\n(12) An offence against subsection (10) or (11) is an offence of strict\n(13) It is a defence to a prosecution for an offence against\nsubsection (10) or (11) if the defendant took reasonable steps and\nNote for subsection (13)\nsubsection (13) (see section 43BU of the Criminal Code).\n(14) The defendant has the legal burden of proof in relation to a matter\nmentioned in subsection (13).\n\nPetroleum Act 1984 75\n(15) In this section:\nsample means:\n(a) cuttings and cores; and\n(b) fluid and gas acquired as samples.\n","sortOrder":79},{"sectionNumber":"62","sectionType":"section","heading":"Project reports","content":"62 Project reports\n(1) The Minister may direct that a retention licensee provide a report on\na specified project or activity or all projects and activities within his\nlicence area.\n(2) Where, under subsection (1), the Minister directs a retention\nlicensee to provide a report, he may waive the requirements for an\nannual report to be lodged by the licensee in relation to the licence\narea.\n","sortOrder":80},{"sectionNumber":"62A","sectionType":"section","heading":"Release of information by Minister","content":"62A Release of information by Minister\n(1) The Minister may, at any time, release or publish statistical or\nindustry information, collected or acquired under this Act, that does\nnot identify a particular person or body.\n(2) The Minister may, at any time, release information, collected or\nacquired under this Act to another Minister if the release:\n(a) is for the purposes of the calculation, collection or recovery of:\n(i) a fee or charge payable to the Territory under this Act; or\n(ii) royalty payable on petroleum; or\n(iii) a levy payable to the Territory under this Act; or\n(b) relates to the exercise of a power or the performance of a\nfunction by the other Minister under this Act.\n(3) The Minister may release or publish basic information, collected or\nacquired under this Act, at any time after 2 years from the date on\nwhich the information was required to be given to the Minister under\nthis Act (even if the information was not given to the Minister on\ntime).\n(4) The Minister may release or publish interpretative information,\ncollected or acquired under this Act, at any time after 4 years from\nthe date on which information forming part of the interpretative\n\nPetroleum Act 1984 76\ninformation was required to be given to the Minister under this Act\n(even if the information was not given to the Minister on time).\n(5) The Minister may release or publish any other information relating\nto a petroleum interest of a kind prescribed for this subsection at\nany time after 5 years from the date on which it was given or\nacquired by the Minister.\n(6) A time limit under subsection (3), (4) or (5) ceases to apply to the\nrelease of the information if:\n(a) the petroleum interest to which the information relates comes\nto an end, other than in the case of a permit or licence if a\nlicence or new licence is granted to the permittee or licensee;\nor\n(b) the information relates exclusively to a particular block and the\nblock is relinquished.\n(7) The Minister must not release or publish the following information\nunder subsections (1) to (6):\n(a) information concerning a trade secret;\n(b) other information the disclosure of which would, or could\nreasonably be expected to, adversely affect the lawful\nbusiness, commercial or financial affairs of a person;\n(c) information:\n(i) outlining the technical qualifications of a person; or\n(ii) comprising personal information; or\n(iii) outlining or comprising technical advice that has been\nprovided to an applicant for a petroleum interest or to the\nholder of a petroleum interest; or\n(iv) outlining the financial resources available to an applicant\nfor a petroleum interest or to the holder of a petroleum\ninterest;\n(d) an annual report;\n(e) information of a kind prescribed for this subsection.\n(8) This section does not limit the power of the Minister to release\ninformation:\n(a) under another provision of this Act; or\n\nPetroleum Act 1984 77\n(b) if the Minister is required to release the information by a court\nor the Tribunal; or\n(c) if the information is required for compliance or enforcement\nproceedings (including a prosecution or proceedings for a civil\norder) under this Act or being considered under this Act; or\n(d) if the Minister is authorised to release the information by\nregulation for this subsection.\n(9) Information that the Minister must not release under this section is\nexempt from the operation of the Information Act 2002.\n(10) Subsection (9) does not extend to Part 9 of the Information\nAct 2002.\n(11) In this section:\nbasic information is any information or data acquired or observed\nin the field or a laboratory and includes physical and chemical\nmeasurements conducted as part of the analysis of fluid or core or\ncutting samples.\ninterpretative information is a conclusion or opinion based wholly\nor partly on basic information analysis or other documentary\ninformation.\n","sortOrder":81},{"sectionNumber":"63","sectionType":"section","heading":"Payment of first year's annual fee in respect of exploration","content":"63 Payment of first year's annual fee in respect of exploration\nIf:\n(a) the Minister determines to grant or renew an exploration\npermit or a licence and gives notice to the applicant of the\nconditions on which the Minister is prepared to grant or renew\nthe permit or licence; and\n(b) the applicant gives to the Minister the applicant's written\nacceptance of the conditions specified in the notice within the\ntime specified under this Act in respect of the exploration\npermit or licence concerned for accepting the conditions,\nthe applicant must, at the same time as accepting the conditions,\npay to the Minister the annual fee for the first year in respect of\nwhich the permit or licence is or will be granted or renewed.\n\nPetroleum Act 1984 78\n","sortOrder":82},{"sectionNumber":"64","sectionType":"section","heading":"Discovery to be notified","content":"64 Discovery to be notified\n(1) If petroleum is discovered within an exploration permit or licence\narea, the permittee or licensee must:\n(a) notify the Minister of the discovery by using the approved form\nwithin 3 days after the discovery and in any case before any\nannouncement is made about the discovery to the Australian\nSecurities Exchange or to the general public; and\n(b) provide the Minister with a report on the evaluation of the\ndiscovery by using the approved form within 3 months after\nthe date of the discovery.\nlicensee is subject to a requirement under subsection (1) and the\npermittee or licensee fails to comply with that requirement.\nMaximum penalty: 400 penalty units.\n(4) The Minister may, by written notice, direct a permittee or licensee to\nprovide further particulars of a discovery notified under\n(5) A notice under subsection (4) may direct the permittee or licensee\nto provide the particulars:\n(a) in a manner and form specified in the notice; and\n(b) within a period specified in the notice.\n(6) A permittee or licensee commits an offence if the permittee or\nlicensee is given a direction under subsection (4) and the permittee\nor licensee contravenes the direction.\n(7) An offence against subsection (6) is an offence of strict liability.\n(8) It is a defence to a prosecution for an offence against\nsubsection (2) or (6) if the defendant took reasonable steps and\n(9) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (8).\n\nPetroleum Act 1984 79\n","sortOrder":83},{"sectionNumber":"65","sectionType":"section","heading":"Access","content":"65 Access\n(1) Subject to section 82, where a person is given the right to occupy\nland as a permittee or licensee, he shall have, for himself, his\nemployees, agents and contractors, a right to construct a road or\ncarry out other work to ensure access to the exploration permit or\nlicence area by the shortest practicable route to a road, within the\nmeaning of the Control of Roads Act 1953, a railway line, the sea or\na waterway.\n(2) For the purpose of constructing a road or carrying out work to\nensure access to an exploration permit or licence area, the\npermittee or licensee as the case may be may enter land with such\nmachinery, equipment and workmen as is or are necessary to mark\nout and construct the road or carry out the work.\n","sortOrder":84},{"sectionNumber":"66","sectionType":"section","heading":"Exploration permit held by 2 or more persons","content":"66 Exploration permit held by 2 or more persons\n(1) Where an exploration permit is granted to 2 or more persons, it is\nheld by them:\n(a) in the shares specified in the permit document; or\n(b) where the permit document does not specify such shares, in\nequal shares.\n(2) Where a retention licence is granted, it is to be granted in the name\nor names of the holder or holders of the exploration permit from\nwhich the licence derives, but where the retention licence is granted\nto 2 or more persons, the retention licence may at the request of\nthe applicants be granted in shares different from those in which the\npermit was held.\n(3) Where a production licence is granted, it is to be granted in the\nname or names of the holders of the exploration permit or, where a\nretention licence was held, the retention licence from which the\nproduction licence derives, but when the production licence is\ngranted to 2 or more persons, it may at the request of the\napplicants be granted in shares different from those in which the\npermit or retention licence was held.\n","sortOrder":85},{"sectionNumber":"68","sectionType":"section","heading":"Fencing","content":"68 Fencing\nThe Minister may, by notice to a permittee or licensee, require the\npermittee or licensee to fence his or her exploration permit or\nlicence area in accordance with the notice.\n\nPetroleum Act 1984 80\n","sortOrder":86},{"sectionNumber":"69","sectionType":"section","heading":"Unit development","content":"69 Unit development\n(1) If, except in relation to Aboriginal land, the Minister is satisfied that\na petroleum pool extends beyond a licence area and it is desirable,\nfor the purpose of securing economy and efficiency and of avoiding\nwasteful and harmful development and practices, that the\npetroleum pool should be worked as one unit, the Minister may:\n(a) vary the area of the licence by including in it any block, not\ncomprising land to which paragraph (b) applies, to which the\npetroleum pool extends; or\n(b) where the petroleum pool extends into an adjacent exploration\npermit or licence area held by another person, require the\nlicensee and each permittee and licensee of the adjacent\nareas, by notice served on each of them, to prepare and\nfurnish to him a scheme for registration under section 96 for\nthe working and development of the petroleum pool as one\nunit.\n(1A) The Minister may only vary the area of a licence under\nsubsection (1)(a) on the application of the licensee.\n(2) Additional land included in a licence under subsection (1) shall be:\n(a) compact and limited by well-marked permanent physical\nboundaries; or\n(b) substantially in the form of a rectangle.\n(3) A notice under subsection (1)(b) shall specify the land in relation to\nwhich, and the time within which, the Minister requires the scheme\nto be furnished.\n(4) Where a scheme is not furnished within the time specified in a\nnotice under subsection (1), or where the Minister does not approve\nthe scheme furnished to him, the Minister shall prepare a scheme\nand supply particulars of it to each permittee and licensee to whom\nnotice was served under subsection (1).\n(5) A permittee and licensee to whom the Minister has supplied\nparticulars of a scheme under subsection (4) shall perform and\nobserve all the conditions of that scheme.\n(6) A licensee may enter into an agreement in writing for and in relation\nto the development of a petroleum pool as a unit but such an\nagreement does not have any force until it is registered under\nsection 96.\n\nPetroleum Act 1984 81\n(7) For the purposes of subsection (6), an agreement includes a\nvariation of a scheme prepared under subsection (1) or (4).\n","sortOrder":87},{"sectionNumber":"69A","sectionType":"section","heading":"Ability to waive, suspend or reduce annual fee or levy","content":"69A Ability to waive, suspend or reduce annual fee or levy\n(1) A permittee or licensee may apply to the Minister to waive, suspend\nor reduce an annual fee or levy payable in relation to a permit or\n(2) The Minister may, on receipt of an application under subsection (1),\nby written notice to the applicant, waive, suspend or reduce an\nannual fee or levy if satisfied that it is appropriate to do so.\n(3) The Minister must consult with the Environment Minister before\nwaiving, suspending or reducing a monitoring and compliance levy\nunder this section.\n","sortOrder":88},{"sectionNumber":"70","sectionType":"section","heading":"Gazettal of instruments","content":"70 Gazettal of instruments\nThe Minister shall cause to be published in the Gazette, with such\nparticulars as he thinks fit, notice of:\n(a) an application for an exploration permit or licence;\n(b) the granting of an exploration permit or licence;\n(c) a surrender or cancellation of an exploration permit or licence\nin whole or in part;\n(d) the expiration of an exploration permit or licence; and\n(e) the renewal of an exploration permit or licence.\n","sortOrder":89},{"sectionNumber":"71","sectionType":"section","heading":"Directions by Minister","content":"71 Directions by Minister\n(1) The Minister may, by notice served on a permittee or licensee, give\nto the permittee or licensee directions as to any matter in relation to\nwhich regulations may be made under this Act.\n(1A) A direction under subsection (1) may apply, adopt or incorporate a\nstandard, code or other document as in force or existing at a\nparticular time or as in force from time to time.\n(2) Despite anything to the contrary in the Regulations, a permittee or\nlicensee must comply with a direction under subsection (1) and, to\nthe extent to which the Regulations are inconsistent with the\ndirection, the permittee or licensee to whom the direction is given is\nnot obliged to comply with the Regulations.\n\nPetroleum Act 1984 82\n(a) the person is a permittee or licensee; and\n(b) the permittee or licensee is given a direction under\nsubsection (1); and\n(c) the permittee or licensee intentionally engages in conduct; and\npermittee or licensee is reckless in relation to that result.\nMaximum penalty: 3 000 penalty units.\n(4) Strict liability applies to subsection (3)(a) and (b).\n(5) A permittee or licensee commits an offence if the permittee or\nlicensee is given a direction under subsection (1) and the permittee\nor licensee contravenes the direction.\n(6) An offence against subsection (5) is an offence of strict liability.\n(7) It is a defence to a prosecution for an offence against\nsubsection (3) or (5) if the defendant took reasonable steps and\n(8) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (7).\n","sortOrder":90},{"sectionNumber":"72","sectionType":"section","heading":"Compliance with direction","content":"72 Compliance with direction\nIf an action required by a direction given by the Minister under this\nAct is not taken, the CEO may:\n(a) cause that action to be taken; and\n(b) recover the cost of taking that action from any person subject\nto the direction in a court of competent jurisdiction as a debt\ndue and payable to the Territory.\n","sortOrder":91},{"sectionNumber":"73","sectionType":"section","heading":"Surrender","content":"73 Surrender\n(1) An interest holder may apply to the Minister to surrender all or part\nof the area to which the petroleum interest relates (the proposed\nsurrender area).\n\nPetroleum Act 1984 83\n(2) An application may not be made under subsection (1) unless:\n(a) all operations carried on in the proposed surrender area have\nceased; and\n(b) all of the environmental outcomes required under this or\nanother Act, including remediation and rehabilitation of land,\nhave been met; and\n(c) any approved environment management plan that applied in\nrelation to the proposed surrender area ceases to be in force\nin relation to the proposed surrender area.\n(3) Subsection (2)(b) applies in relation to:\n(a) the land comprising the proposed surrender area; and\n(b) any adjacent land that is or may be affected by operations\ncarried on in the proposed surrender area.\n(4) An application under this section must be in the approved form.\n(5) The application must be accompanied by:\n(a) a statement confirming that:\n(i) all operations referred to in subsection (2)(a) have\nceased; and\n(ii) all environmental outcomes referred to in\nsubsection (2)(b) have been met; and\n(b) for subsection (2)(c) – a copy of a notice issued by the\nEnvironment Minister that provides for the approved\nenvironment management plan to no longer be in force; and\n(c) any other prescribed document or information; and\n(d) the prescribed fee.\n(6) The Minister may, by written notice, require an applicant to give a\nreport or other information to the Minister.\n(7) The Minister is not required to make a decision on an application\nuntil the applicant complies with any requirement under\nsubsection (6).\n(8) In the case of a partial surrender, the Minister may refuse to accept\nthe surrender if the Minister is not satisfied that:\n(a) the requirements under subsection (2) are satisfied; and\n\nPetroleum Act 1984 84\n(b) the interest holder, in relation to the area to which the\npetroleum interest relates, complied with:\n(i) the conditions of the petroleum interest; and\n(ii) the provisions of this Act; and\n(iii) any direction under this Act that is still relevant; and\n(c) the retained area will:\n(i) form one or more discrete areas comprising not less\nthan the minimum number of blocks allowed under this\nAct; and\n(ii) be a shape and size that complies with the other\nrequirements of this Act; and\n(d) the surrender is appropriate taking into account the relevant\nwell operations management plan and petroleum surface\ninfrastructure plan, and any other relevant matter.\n(9) The Minister may, if satisfied that circumstances justify the\nacceptance of a surrender, accept a partial surrender if the retained\narea does not comply with subsection (8)(c).\n(10) In the case of a complete surrender, the Minister may refuse to\naccept the surrender if the Minister is not satisfied that:\n(a) the requirements under subsection (2) are satisfied; and\n(b) the interest holder, in relation to the area to which the\npetroleum interest relates, complied with:\n(i) the conditions of the petroleum interest; and\n(ii) the provisions of this Act; and\n(iii) any direction under this Act that is still relevant; and\n(c) the surrender is appropriate taking into account the relevant\nwell operations management plan and petroleum surface\ninfrastructure plan, and any other relevant matter.\n(11) An interest holder is not entitled to a refund of part of an annual fee\nfor an unexpired period after the acceptance of the surrender.\n\nPetroleum Act 1984 85\n","sortOrder":92},{"sectionNumber":"74","sectionType":"section","heading":"Cancellation","content":"74 Cancellation\n(1) Subject to this section, the Minister may cancel an exploration\npermit or licence in relation to all or any of the blocks to which the\npermit or licence relates if the permittee or licensee:\n(a) did not comply with a condition of the permit or licence; or\n(b) did not comply with a provision of this Act; or\n(c) did not comply with a direction given by the Minister; or\n(d) did not pay, within 3 months after the date on which it became\ndue, an amount payable by the permittee or licensee under\n(e) was found guilty of an offence under this Act.\n(2) Where the Minister determines to cancel an exploration permit or\nlicence, he shall, by notice served on the permittee or licensee,\ninform the permittee or licensee of his intention to cancel the permit\n(3) A notice under subsection (2) shall specify:\n(a) the reason for the Minister determining to cancel the\nexploration permit or licence; and\n(b) a date, being not earlier than 28 days after the date of the\nnotice, by which the permittee or licensee may submit reasons\nas to why the Minister should not cancel the exploration permit\n(4) After the date referred to in subsection (3)(b), the Minister shall\nconsider the submissions, if any, of the permittee or licensee and in\nhis discretion cancel the exploration permit or licence or repeal his\nnotice.\n(4A) Nothing in this section limits:\n(a) the ability to commence proceedings for an offence against\n(b) the ability to commence proceedings for a debt due and\npayable under this Act; or\n(c) any other action that may be taken under another provision of\nthis Act in relation to a matter referred to in subsection (1); or\n\nPetroleum Act 1984 86\n(d) any other provision of this Act that allows for a permit or\nlicence to be cancelled.\n(5) Where an exploration permit or licence is cancelled in relation to the\nwhole or part of an exploration permit or licence area, the permittee\nor licensee, may not apply for an exploration permit or licence in\nrelation to that area within 2 years after the date of the cancellation.\n","sortOrder":93},{"sectionNumber":"75","sectionType":"section","heading":"Report on ceasing to hold exploration permit or licence area","content":"75 Report on ceasing to hold exploration permit or licence area\n(1) This section applies to:\n(a) a person who has been a permittee or licensee and who\nceases to hold the relevant exploration permit or licence; or\n(b) a person who is a permittee or licensee if:\n(i) the relevant exploration permit or licence area is\nreduced; or\n(ii) part of the relevant exploration permit or licence area is\nsurrendered.\n(2) A person mentioned in subsection (1)(a) must, within the\ndesignated period after the person ceases to hold the exploration\npermit or licence, give to the Minister a report, on the exploration\nand other activities carried out on the exploration permit or licence\narea, as comprised from time to time, during the period of the\nexploration permit or licence.\n(3) A person mentioned in subsection (1)(b)(i) must, within the\ndesignated period after the exploration permit or licence area has\nbeen reduced, give to the Minister a report on the exploration and\nother activities carried out on the exploration permit or licence area\nwhich has not been retained.\n(4) A person mentioned in subsection (1)(b)(ii) must, within the\ndesignated period after part of the exploration permit or licence\narea has been surrendered, give to the Minister a report on the\nexploration and other activities carried out on the exploration permit\nor licence area which has been surrendered.\n(5) A report under subsection (2), (3) or (4) must be in the approved\nform.\n(6) A person commits an offence if the person is required to give a\n\nPetroleum Act 1984 87\n(7) An offence against subsection (6) is an offence of strict liability.\n(8) In this section:\ndesignated period means 3 months or any longer period allowed\nby the Minister in a particular case.\n","sortOrder":94},{"sectionNumber":"77","sectionType":"section","heading":"Removal of property on surrender, expiry or cancellation","content":"77 Removal of property on surrender, expiry or cancellation\n(1) Where an exploration permit or licence has been surrendered or\ncancelled, in whole or in part, or has expired, the Minister may\ndirect the person who is, or was, the permittee or licensee:\n(a) to remove or cause to be removed from the former exploration\npermit or licence area, property brought into that area by any\nperson engaged or concerned in operations authorised by the\nexploration permit or licence, or to make other arrangements\nin relation to the property satisfactory to the Minister;\n(b) to decommission all wells drilled or bored in the former\nexploration permit or licence area; and\n(c) to restore the surface of the former exploration permit or\nlicence area, where disturbed, and take measures to\nrehabilitate the area, to the satisfaction of the Minister.\n(a) the person is or was a permittee or licensee; and\n(b) the person is given a direction under subsection (1); and\n(c) the person intentionally engages in conduct; and\nperson is reckless in relation to that result; and\n(e) the conduct results in significant environmental harm and the\nMaximum penalty: 6 500 penalty units or imprisonment for\n5 years.\nMinimum penalty: 650 penalty units.\n(3) An offence against subsection (2) is a summary offence.\n(4) A person commits an offence if:\n(a) the person is or was a permittee or licensee; and\n\nPetroleum Act 1984 88\n(b) the person is given a direction under subsection (1); and\n(c) the person intentionally engages in conduct; and\nperson is reckless in relation to that result; and\n(e) the conduct results in material environmental harm and the\n(5) Strict liability applies to subsections (2)(a) and (b) and (4)(a)\nand (b).\n(6) A person commits an offence if:\n(a) the person is given a direction under subsection (1); and\n(b) the person engages in conduct; and\n(c) the conduct results in significant environmental harm.\n(7) A person who is or was a permittee or licensee commits an offence\nif the person is given a direction under subsection (1) and the\nperson contravenes the direction.\nMinimum penalty: 130 penalty units.\n(8) An offence against subsection (6) or (7) is an offence of strict\nsubsection (2), (4), (6) or (7) if the defendant took reasonable steps\n(10) The defendant has a legal burden of proof in relation to a matter\n\nPetroleum Act 1984 89\n","sortOrder":95},{"sectionNumber":"78","sectionType":"section","heading":"Sale of property","content":"78 Sale of property\n(1) Where a person fails to comply with a direction under section 77,\nthe Minister may remove and dispose of property on the former\nexploration permit or licence area, in such manner as he thinks fit.\n(2) Where under subsection (1) the Minister disposes of property by\nsale, he may deduct from the proceeds of the sale any costs and\nexpenses incurred by him in relation to the direction and any fees\nand amounts due under the Act.\n(3) No action shall lie against the Minister by a person who fails to\ncomply with a direction under section 77, or a person claiming\nthrough him, in relation to the removal, disposal or sale of property\nunder subsection (1).\n","sortOrder":96},{"sectionNumber":"81","sectionType":"section","heading":"Compensation to owners","content":"81 Compensation to owners\n(1) The holder of a petroleum interest must pay to:\n(aa) the owner of land comprised in the petroleum interest; and\n(ab) any occupier of land comprised in the petroleum interest who\nhas a registered interest in the land,\nin respect of the owner's and occupier's respective interests in the\nland, compensation for:\n(a) deprivation of use or enjoyment of the land, including\nimprovements on the land; and\n(b) damage, caused by the permittee or licensee, to the land or\nimprovements on the land; and\n(c) any other prescribed reason or circumstance.\nIf a permittee or licensee and a person entitled to compensation are unable to\nagree on an amount or other benefit, by way of compensation, to which the\nperson is entitled, either party may refer the dispute to the Tribunal under\nsection 82A.\n(6) No person is entitled under this section to compensation based on\nthe known or potential occurrence of petroleum in or on the land.\n\nPetroleum Act 1984 90\n(7) An agreement in relation to compensation may include\ncompensation for work undertaken under an exploration permit,\nretention licence or production licence or under all exploration\npermits and licences held by the permittee or licensee in relation to\nthat land.\n(7A) The Regulations may provide for a method and manner of\ncalculating compensation payable under this section.\n(8) In this section and section 82, registered interest, in relation to\nland, means an interest registered on the Register kept by the\nRegistrar-General under Part 3 of the Land Title Act 2000.\n","sortOrder":97},{"sectionNumber":"82","sectionType":"section","heading":"Compensation for right of access","content":"82 Compensation for right of access\n(1) Where any land over which a right to construct a road or carry out\nother work to ensure access to an exploration permit or licence\narea is injured or diminished in value as a result of the exercise of\nthat right, the owner of the land and any occupier of the land who\nhas a registered interest in that land are entitled to compensation\nfrom the permittee or licensee for the loss or damage in respect of\nthe owner's and occupier's respective interests in the land.\n(2) Compensation for the effect of the construction of a road or other\nwork carried out to ensure access to an exploration permit or\nlicence area on native title is payable to the native title holder by the\npermittee or licensee.\nNote for subsections (1) and (2)\nIf a permittee or licensee and a person entitled to compensation are unable to\nagree on an amount, by way of compensation, to which the person is entitled,\neither party may refer the dispute to the Tribunal under section 82A.\n(3) A person who intends to claim compensation under this section\nmust lodge the claim in writing with the holder of the relevant\npetroleum interest within 3 years after the act giving rise to the\nclaim is done or within the further time the Tribunal allows.\n(4) The Tribunal has the jurisdiction to extend the time for making a\nclaim referred to in subsection (3) as if the claim were an action to\nwhich section 44 of the Limitation Act 1981 applies and the Tribunal\nwere a court for the purposes of that section.\n(5) The Regulations may provide for a method and manner of\ncalculating compensation payable under this section.\n\nPetroleum Act 1984 91\n","sortOrder":98},{"sectionNumber":"82A","sectionType":"section","heading":"Jurisdiction of Tribunal for disputes","content":"82A Jurisdiction of Tribunal for disputes\n(1) The Tribunal has jurisdiction to deal with the following disputes:\n(a) if a permittee or licensee and a person entitled to\ncompensation under section 81(1) are unable to agree on an\namount or other benefit, by way of compensation, to which the\nperson is entitled;\n(b) if a permittee or licensee and a person entitled to\ncompensation under section 82(1) or (2) are unable to agree\non an amount, by way of compensation, to which the person is\nentitled;\n(c) any other kind of dispute prescribed by regulation.\n(2) A dispute mentioned in subsection (1)(a) or (b) may be referred to\nthe Tribunal by either party.\n(3) The compensation that may be payable to a native title holder\nunder section 82 is not determinable by the Tribunal until there is\nan approved determination of native title that the holder holds\nnative title in the affected land.\n(4) A person entitled to compensation under section 82(1) or (2)\nincludes a registered native title body corporate.\n","sortOrder":99},{"sectionNumber":"82B","sectionType":"section","heading":"Tribunal not to review decision","content":"82B Tribunal not to review decision\nSection 140 of the Northern Territory Civil and Administrative\nTribunal Act 2014 does not apply in relation to any arbitration,\ndecision or determination of the Tribunal made under section 82A\nor 118(6A)(k).\nNote for section 82B\nThis section also provides that section 140 of the Northern Territory Civil and\nAdministrative Tribunal Act 2014 does not apply to a decision made by the\nTribunal arising from a dispute of a kind prescribed by regulation.\n","sortOrder":100},{"sectionNumber":"87","sectionType":"section","heading":"Appointment","content":"87 Appointment\n(1) The CEO or the Environment CEO may appoint a person to be an\ninspector for the purposes of this Act.\n(2) An appointment may be made subject to such conditions or\nlimitations as the CEO or the Environment CEO thinks appropriate.\n\nPetroleum Act 1984 92\n","sortOrder":101},{"sectionNumber":"88","sectionType":"section","heading":"Identity card","content":"88 Identity card\n(1) The CEO or the Environment CEO must give an inspector an\nidentity card stating the inspector's name and that the person is an\ninspector.\n(2) The identity card must:\n(a) display a recent photograph of the inspector; and\n(b) state the card’s date of issue; and\n(c) be signed by the inspector.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n(4) An inspector must, on request, produce the inspector's identity card\nbefore exercising the powers of an inspector under this Act in\nrelation to a person or entering land or premises on a particular\noccasion.\n","sortOrder":102},{"sectionNumber":"89","sectionType":"section","heading":"Return of identity card","content":"89 Return of identity card\n(1) A person who ceases to be an inspector must return the person's\nidentity card to the CEO or the Environment CEO (as the case\nrequires) within 15 business days after the cessation.\n(2) A person commits an offence if the person ceases to be an\ninspector and fails to return the person's identity card to the CEO or\nthe Environment CEO within 15 business days after the cessation.\nMaximum penalty: 20 penalty units.\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant has a reasonable excuse.\n","sortOrder":103},{"sectionNumber":"89A","sectionType":"section","heading":"Functions","content":"89A Functions\n(1) An inspector has the following functions under this Act:\n(a) to provide information and advice about compliance with this\nAct;\n\nPetroleum Act 1984 93\n(b) to monitor compliance with this Act and to take action to\nrequire or secure compliance with this Act through the\nexercise of powers under this Act;\n(c) to investigate contraventions of this Act and assist in the\nprosecution of offences;\n(d) to do anything else necessary or required for the\nadministration, operation or enforcement of this Act, including\ngathering information.\n(2) An inspector has the powers necessary to perform the inspector's\nfunctions under this Act.\n(3) This section does not limit a function or power of an inspector under\nanother provision of this Act.\n","sortOrder":104},{"sectionNumber":"89B","sectionType":"section","heading":"General powers of inspectors","content":"89B General powers of inspectors\n(1) An inspector may enter the following land and premises:\n(a) any land comprised in, proposed to be comprised in, or\npreviously comprised in, a petroleum interest;\n(b) any land affected, or apparently or potentially affected, by\noperations or activities for which a permit or licence is, or was,\nrequired under this Act;\n(c) any premises used for or in connection with any operations or\nactivities for which a permit or licence is, or was, required\nunder this Act;\n(d) any land or premises if the entry is authorised by a search\nwarrant.\n(2) On entering land or premises under this Act an inspector may do\nany of the following:\n(a) inspect or examine the land or premises and anything on the\nland or premises;\n(b) make inquiries of a person present on the land or premises;\n(c) search the land or premises and anything found there;\n(d) inspect any operations or activities conducted on the land or\npremises;\n(e) take photographs and make sketches or other records;\n\nPetroleum Act 1984 94\n(f) make recordings in any medium, including audio, visual and\naudio-visual recordings;\n(g) dig up land;\n(h) operate or test any equipment;\n(i) examine or test any infrastructure or other thing;\n(j) measure anything, or take and remove for analysis a sample\nof any substance or thing;\n(k) bring equipment or materials on to the land or premises and\nuse, install and maintain equipment or materials.\n(3) An inspector may do any of the following:\n(a) require a person on land or premises entered under\nsubsection (1) to give the inspector reasonable assistance to\nperform or exercise the inspector's functions or powers\nincluding:\n(i) to operate any computer or other equipment; and\n(ii) to provide any access or assistance to access any\ncomputer or other equipment or any service;\n(b) require a person to produce any document that may be\nrelevant to operations or activities for which a permit or licence\nis required under this Act, or a copy of such a document, for\ninspection;\n(c) inspect and take copies of a document;\n(d) seize any documents and any equipment required to access\nany documents;\n(e) require a person to provide the person's name, address and\ndate of birth and evidence of these if:\n(i) the person is on, or in the vicinity of, land or premises\nthat may be inspected under this section; or\n(ii) the inspector reasonably suspects the person is\ntravelling to or from land or premises that may be\ninspected under this section; or\n(iii) the inspector reasonably suspects the person is the\nowner or occupier of any land or premises; or\n\nPetroleum Act 1984 95\n(iv) the inspector reasonably suspects the person is under\ninvestigation for a suspected contravention of this Act;\n(f) require a person at the land or premises to answer reasonable\nquestions related to an inspection of the land or premises;\n(g) authorise a person to provide assistance to an inspector in the\nperformance or exercise of the inspector's functions or\npowers;\n(h) operate a drone or other device over any land comprised in,\nproposed to be comprised in, or previously comprised in, a\npetroleum interest;\n(i) do any other act or thing necessary for, or incidental to, the\nexercise of a power mentioned in this section.\n(4) An inspector may, with the approval of the CEO:\n(a) by notice signed by the inspector, require the attendance of a\nperson at a time and place specified in the notice; and\n(b) require a person who appears as the result of the notice to\nproduce any document and to answer any questions that may\nbe relevant to the administration, operation or enforcement of\n(5) Without limiting any other power, if an inspector is satisfied that\nthere are reasonable grounds for suspecting that an offence against\nthis Act was, is being or is about to be committed, the inspector\nmay (without warrant), and with such assistance as the inspector\nthinks necessary:\n(a) seize or secure any thing that the inspector believes, on\nreasonable grounds, was, is being or is about to be used in\nconnection with the commission of that offence or proposed\noffence; and\n(b) take such other action as is reasonably necessary to prevent\nthe commission of an offence against this Act.\n(6) An entry may be made under subsection (1) with, or without, the\nconsent of the owner or occupier of the land or premises.\n(7) An inspector may use reasonable force in exercising a power under\nsubsection (1) or (2).\n\nPetroleum Act 1984 96\n(8) Despite anything to the contrary in this Division, an inspector must\nnot enter or exercise inspection or search powers in relation to any\npart of premises that are used for residential purposes except in the\nfollowing circumstances:\n(a) the owner or occupier consents to the entry, inspection or\nsearch;\n(b) the entry is authorised by a search warrant under\nSubdivision 3.\n","sortOrder":105},{"sectionNumber":"89C","sectionType":"section","heading":"Duty of inspector in relation to seized thing","content":"89C Duty of inspector in relation to seized thing\n(1) As soon as practicable but within 5 business days after an inspector\nseizes a thing under section 89B, the inspector must give a receipt\nfor it to the person from whom it was seized.\n(2) The receipt must describe generally each thing seized and its\ncondition.\n(3) If for any reason it is not practicable to comply with subsection (1),\nthe inspector must:\n(a) leave the receipt at the place of seizure; and\n(b) ensure the receipt is left in a reasonably secure way and in a\nconspicuous position.\n(4) The inspector must allow a person who would be entitled to the\nseized thing if it were not in the inspector's possession to inspect it\nand, if it is a document, to take extracts from it or make copies of it.\n(5) The inspector must return the seized thing to its owner at the end of\nthe later of:\n(a) 3 years from the date it was seized; or\n(b) if a prosecution for an offence involving the seized thing is\nstarted within the 3 years from the date it was seized –\n12 months after the end of the prosecution for the offence and\nany appeal from the prosecution.\n(6) Despite subsection (5), the inspector must return the seized thing to\nthe person from whom it was seized if the inspector no longer\nconsiders its retention as evidence is necessary.\n(7) Despite subsections (5) and (6), the inspector may keep the seized\nthing if the inspector believes on reasonable grounds that it is\nnecessary to continue to keep it to prevent its use in committing an\n\nPetroleum Act 1984 97\n(8) An inspector must give written notice to the owner of a seized thing\nas soon as practicable if the inspector decides under subsection (7)\nto keep the thing.\n","sortOrder":106},{"sectionNumber":"89D","sectionType":"section","heading":"Forfeiture of seized thing","content":"89D Forfeiture of seized thing\n(1) Despite section 89C, the court may order the forfeiture of a seized\nthing to the Territory if:\n(a) the owner of the seized thing is found guilty of an offence for\nwhich the thing was retained as evidence; or\n(b) the court makes an order against the owner of a seized thing\nunder Part VA.\n(2) The forfeited thing becomes the property of the Territory and may\nbe destroyed or disposed of as directed by the CEO.\n(3) This section does not limit a court's powers under any other law.\n","sortOrder":107},{"sectionNumber":"89E","sectionType":"section","heading":"Offence to contravene requirement","content":"89E Offence to contravene requirement\n(1) A person commits an offence if the person is required to do\nsomething under section 89B and the person contravenes the\nrequirement.\n","sortOrder":108},{"sectionNumber":"89F","sectionType":"section","heading":"Obstruction of inspector","content":"89F Obstruction of inspector\n(a) the person intentionally obstructs another person; and\n(b) the other person is an inspector; and\n(c) the inspector is acting in an official capacity and the person\nhas knowledge of that circumstance.\n\nPetroleum Act 1984 98\n(2) Strict liability applies to subsection (1)(b).\nacting in an official capacity, in relation to an inspector, means\nthe inspector is exercising powers or performing functions under, or\notherwise related to the administration of, this Act.\nobstruct includes hinder or resist.\n","sortOrder":109},{"sectionNumber":"89G","sectionType":"section","heading":"Self-incrimination","content":"89G Self-incrimination\n(1) A person required to answer a question, give information or\nproduce a document under this Subdivision is not excused from\ndoing so on the ground that the answer, information or document\nmight tend to incriminate the person or make the person liable to a\npenalty.\n(2) Despite subsection (1), any answer, information or document given\nis not admissible in evidence against the person in a civil or criminal\nproceeding except a proceeding for an offence in which the falsity\nor misleading nature of the answer, information or document is\nrelevant.\n","sortOrder":110},{"sectionNumber":"89H","sectionType":"section","heading":"Entry on Aboriginal land","content":"89H Entry on Aboriginal land\nThe power of an inspector to enter land or premises may be\nexercised under this Act despite:\n(a) the land or premises being Aboriginal land; or\n(b) the inspector not holding a permit under the Aboriginal Land\nAct 1978 to enter or remain on Aboriginal land.\n","sortOrder":111},{"sectionNumber":"89J","sectionType":"section","heading":"Search warrants","content":"89J Search warrants\n(1) An inspector may apply to a Local Court Judge for a search warrant\nfor a place.\n(2) The application must be made on oath and state the grounds on\nwhich the warrant is sought.\n\nPetroleum Act 1984 99\n(3) The Judge may refuse to consider the application until the inspector\ngives the Judge all the information the Judge requires about the\napplication in the form the Judge requires.\nExample for subsection (3)\nThe Judge may require additional information supporting the application to be\ngiven by statutory declaration.\n(4) The Judge may issue a search warrant for a place only if the Judge\nis satisfied there are reasonable grounds for suspecting that there\nis evidence of an offence against this Act at the place.\n(5) The search warrant must state:\n(a) that an inspector named in the warrant may, with necessary\nand reasonable assistance and force, enter the place and\nexercise the inspector's investigation powers; and\n(b) the suspected offence for which the search warrant is sought;\nand\n(c) the evidence that may be seized under the search warrant;\nand\n(d) the hours of the day or night when the place may be entered;\nand\n(e) that the warrant remains in force for 5 business days after the\ndate of its issue.\n","sortOrder":112},{"sectionNumber":"89K","sectionType":"section","heading":"Announcement before entry and provision of authority","content":"89K Announcement before entry and provision of authority\n(1) Before executing a search warrant, the inspector named in the\nwarrant or a person assisting the inspector must:\n(a) announce that entry to the place is authorised by the warrant;\nand\n(b) give any person at the place an opportunity to allow that entry.\n(2) The announcement is not required if the inspector or person\nassisting the inspector believes on reasonable grounds that\nimmediate entry to the place is needed to avoid frustration of the\nwarrant.\n\nPetroleum Act 1984 100\n(3) If asked by a person who appears to have management or control\nof a place where a search warrant is being executed, the inspector\nmust:\n(a) produce the inspector's identity card for inspection by the\nperson; and\n(b) give the person a copy of the warrant.\n","sortOrder":113},{"sectionNumber":"89L","sectionType":"section","heading":"Directions by inspectors","content":"89L Directions by inspectors\n(1) An inspector may issue a direction to an interest holder to do any of\nthe following:\n(a) take action to prevent, minimise, manage or remediate:\n(i) environmental harm including by rehabilitating any\naspect of the environment; or\n(ii) harm to a person, property or infrastructure, or any\npotential harm (including the risk of harm and future\nharm) to or potential adverse effect on a person,\nproperty or infrastructure; or\n(iii) a situation that is compromising, or may compromise,\nthe integrity of any infrastructure or operating system;\n(b) take action that is in accordance with good oilfield practice;\n(c) take action for a purpose that is connected with, or ancillary to,\naction directed under paragraph (a) or (b).\n(2) A direction under this section must specify the grounds on which it\nis issued.\n(3) A direction under this section must state that the interest holder\nmay apply to the Tribunal for review of the decision to issue the\n(4) A direction under this section may impose any requirement\nreasonably required for the purpose for which the direction is\nissued, including one or more of the following requirements:\n(a) a requirement that the interest holder discontinue, or not\ncommence, a specified activity indefinitely or for a specified\nperiod or until further notice from an inspector or the CEO;\n\nPetroleum Act 1984 101\n(b) a requirement that the interest holder not carry on a specified\nactivity except subject to specified conditions;\n(c) a requirement that the interest holder take specified action in a\nspecified way, and within a specified period or at specified\ntimes, or in specified circumstances (including a requirement\nthat a specified work practice be altered or discontinued).\n(5) A direction must allow a reasonable time for compliance with the\n(6) A direction may be given orally but must be confirmed by written\nnotice to the person as soon as practicable.\n(7) An inspector may, by written notice given to the interest holder to\nwhom a direction under this section is issued, vary or revoke the\n(8) A direction given under this section:\n(a) applies to the interest holder and may also be expressed to\napply to an employee, agent or contractor of the interest\nholder; and\n(b) may be given to an interest holder by giving it to an employee,\nagent or contractor of the interest holder.\n(9) If a direction is expressed to apply to an employee, agent or\ncontractor of the interest holder, a reference in subsection (1) or (4)\nto an interest holder extends to the other person or persons to\nwhom the direction applies.\n","sortOrder":114},{"sectionNumber":"89M","sectionType":"section","heading":"Offence to contravene direction","content":"89M Offence to contravene direction\n(1) A person commits an offence if the person is subject to a direction\nunder section 89L and the person contravenes the direction.\n\nPetroleum Act 1984 102\n","sortOrder":115},{"sectionNumber":"89N","sectionType":"section","heading":"Compliance directions","content":"89N Compliance directions\n(1) The CEO may issue a compliance direction to an interest holder for\nthe purpose of securing compliance with:\n(a) a condition of a petroleum interest; or\n(b) an environment management plan; or\n(c) any authorisation or direction that relates to an activity\nconducted under a petroleum interest; or\n(d) any requirement or obligation imposed by or under this Act.\n(2) A compliance direction must:\n(a) be in writing; and\n(b) specify the grounds on which it is issued.\n(3) A compliance direction must state that the interest holder may apply\nto the Tribunal for review of the decision to issue the direction.\n(4) A compliance direction may impose any requirement reasonably\nrequired for the purpose for which the direction is issued including\none or more of the following:\n(a) a requirement that the interest holder discontinue, or not\ncommence, a specified activity indefinitely or for a specified\nperiod or until further notice from an inspector or the CEO;\n(b) a requirement that the interest holder not carry on a specified\nactivity except at specified times or subject to specified\nconditions;\n(c) a requirement that the interest holder take specified action in a\nspecified way, and within a specified period or at specified\ntimes, or in specified circumstances (including a requirement\nthat a specified work practice be altered or discontinued);\n(d) a requirement that the interest holder comply with any\nspecified code or standard prepared or published by a body or\nauthority referred to in the direction;\n(e) a requirement that the interest holder undertake specified\ntests or monitoring;\n(f) a requirement that the interest holder give to the CEO\nspecified results or reports;\n\nPetroleum Act 1984 103\n(g) a requirement that the interest holder appoint or engage a\nperson with specified qualifications to prepare a plan or report\nor to undertake tests or monitoring required by the direction.\n(5) The CEO may include in a compliance direction a requirement for\nan act or omission that might otherwise constitute a contravention\nof this Act if:\n(a) the CEO considers that it is reasonably necessary in the\ncircumstances to do so; and\n(b) the CEO is acting with the approval of the Minister.\n(6) A person incurs no liability to a penalty under this Act for an act or\nomission made in compliance with a requirement mentioned in\nsubsection (5).\n(7) The CEO may, by written notice given to the interest holder to\nwhom a compliance direction is issued, vary or revoke the direction.\n(8) A compliance direction given under this section:\n(a) applies to the interest holder and may also be expressed to\napply to an employee, agent or contractor of the interest\nholder; and\n(b) may be given to an interest holder by giving it to an employee,\nagent or contractor of the interest holder.\n(9) If a compliance direction is expressed to apply to an employee,\nagent or contractor of the interest holder, a reference in\nsubsection (1) or (4) to an interest holder extends to the other\nperson or persons to whom the direction applies.\n","sortOrder":116},{"sectionNumber":"89P","sectionType":"section","heading":"Effect of compliance direction on need for further","content":"89P Effect of compliance direction on need for further\nauthorisation\n(1) This section applies to a person who is required by a compliance\ndirection to carry out an action and an authorisation of a kind\nprescribed is required for that action under this Act.\n(2) The person may carry out the action without obtaining the\nauthorisation.\n(3) A person incurs no liability to a penalty under this Act in acting\nunder subsection (2).\n\nPetroleum Act 1984 104\n","sortOrder":117},{"sectionNumber":"89Q","sectionType":"section","heading":"Offence to contravene direction","content":"89Q Offence to contravene direction\n(a) the person is subject to a compliance direction; and\n(c) the conduct results in a contravention of the compliance\ndirection and the person is reckless in relation to that result.\n(2) Strict liability applies to subsection (1)(a).\n(3) A person commits an offence if the person is subject to a\ncompliance direction and the person contravenes the direction.\n(5) It is a defence to a prosecution for an offence against\nsubsection (1) or (3) if the defendant took reasonable steps and\n(6) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (5).\n","sortOrder":118},{"sectionNumber":"89R","sectionType":"section","heading":"Stop work notices","content":"89R Stop work notices\n(1) The CEO may issue a stop work notice if:\n(a) the CEO believes on reasonable grounds that circumstances\nexist that would allow the cancellation or revocation of:\n(i) a petroleum interest; or\n(ii) an environment management plan; or\n(iii) any other authorisation that relates to an activity\nconducted under a petroleum interest; and\n(b) the CEO considers that action should be taken to prevent or\nminimise environmental harm, or harm to any person,\ninfrastructure or other property while:\n(i) an investigation is carried out or concluded; or\n\nPetroleum Act 1984 105\n(ii) a decision is made about the steps that should be taken\nin the circumstances; or\n(iii) action is taken to address the circumstances or any\nrelated matter.\n(2) A stop work notice must:\n(a) be in writing given to the holder of the relevant petroleum\ninterest; and\n(b) specify the grounds on which it is issued.\n(3) A stop work notice may direct the holder of the petroleum interest to\ndo one or more of the following:\n(a) to discontinue, or not commence, a specified activity\nindefinitely or for a specified period or until further notice from\nthe CEO;\n(b) to not carry on a specified activity except in accordance with\nany conditions specified in the notice;\n(c) to take action to prevent, minimise, manage or remediate any:\n(i) environmental harm including by rehabilitating any\naspect of the environment; or\n(ii) harm to a person, infrastructure or property, or any\npotential harm (including the risk of harm and future\nharm) to or potential adverse effect on a person,\ninfrastructure or property;\n(d) without limiting paragraph (c), to take action to address any\nmatter that the CEO considers to be a significant threat to:\n(i) the environment; or\n(ii) any person, infrastructure or property;\n(e) to take action for a purpose that is connected with, or ancillary\nto, action directed under a preceding paragraph or to deal with\nany other matter that may be relevant in the circumstances.\n(4) The CEO may, by written notice given to the person to whom a stop\nwork notice is issued, vary or revoke the notice.\n\nPetroleum Act 1984 106\n(5) A stop work notice:\n(a) applies to the holder of the petroleum interest and may also be\nexpressed to apply to an employee, agent or contractor of the\nholder of the petroleum interest; and\n(b) may be given to a holder of a petroleum interest by giving it to\nan employee, agent or contractor of the holder of the\npetroleum interest.\n(6) If a stop work notice is expressed to apply to an employee, agent or\ncontractor of the holder of a petroleum interest, a reference in\nsubsection (3) to the holder of a petroleum interest extends to the\nother person or persons to whom the stop work notice applies.\n","sortOrder":119},{"sectionNumber":"89S","sectionType":"section","heading":"Offence to contravene stop work notice","content":"89S Offence to contravene stop work notice\n(a) the person is subject to a stop work notice; and\n(b) the person contravenes the notice.\n","sortOrder":120},{"sectionNumber":"89T","sectionType":"section","heading":"Preliminary matters","content":"89T Preliminary matters\nThis Division does not affect any other provision of this Act or the\nregulations that:\n(a) enables a petroleum interest to be subject to a condition\nrequiring monitoring or reporting; or\n(b) relates to conducting audits or undertaking investigations or\ninquiries; or\n(c) provides for a longer period with respect to the keeping of\nrecords.\n\nPetroleum Act 1984 107\n","sortOrder":121},{"sectionNumber":"89U","sectionType":"section","heading":"Nature of audit","content":"89U Nature of audit\nAn audit under this Division is a periodic or particular documented\nevaluation of operations or activities conducted under a petroleum\ninterest (including management practices, systems and\ninfrastructure) for any one or more of the following purposes:\n(a) to provide information on compliance or otherwise with\nobligations under the petroleum interest or other related legal\nrequirements under this or any other law (including in relation\nto the protection of the environment from the impacts of\nactivities under a petroleum interest and remediation and\nrehabilitation work on account of action taken by the holder of\nthe petroleum interest);\n(b) to provide information on compliance or otherwise with codes\nof practice or policies relevant to the petroleum interest;\n(c) to enable a determination of whether the way activities are\nbeing carried out under the petroleum interest can be\nimproved to achieve better compliance with this Act or to\nprovide greater consistency with the objects of this Act.\n","sortOrder":122},{"sectionNumber":"89V","sectionType":"section","heading":"Accreditation and regulation of auditors","content":"89V Accreditation and regulation of auditors\nThe regulations may make provision for or with respect to:\n(a) the accreditation of auditors for this Division;\n(b) the carrying out of audits by auditors.\n","sortOrder":123},{"sectionNumber":"89W","sectionType":"section","heading":"Audit directions","content":"89W Audit directions\n(1) The CEO may issue an audit direction to an interest holder\nrequiring that one or more audits be undertaken, to the satisfaction\nof the CEO, for any one or more of the purposes referred to in\nsection 89U.\n(2) An audit direction must:\n(a) be in writing given to the interest holder; and\n(b) specify the purpose or purposes of the audit.\n(3) An audit direction may require one or more of the following:\n(a) that the auditor appointed to undertake the audit holds an\naccreditation or qualification specified by the CEO;\n(b) approval by the CEO of the auditor before being appointed;\n\nPetroleum Act 1984 108\n(c) preparation of specified written documentation during the\ncourse of the audit;\n(d) preparation of an audit report;\n(e) giving the audit report to the CEO.\n(4) An audit direction may also:\n(a) specify the format and level of detail required for the audit; or\n(b) require the auditor to submit the proposed format and level of\ndetail to the CEO for approval.\n(5) The CEO may, by written notice given to the person to whom an\naudit direction is issued, vary or revoke the direction.\n","sortOrder":124},{"sectionNumber":"89X","sectionType":"section","heading":"Declarations","content":"89X Declarations\n(1) An audit report must be accompanied by:\n(a) a declaration signed by the holder of the petroleum interest\ncertifying that the holder has not knowingly provided any\ninformation to the auditor that is misleading in a material\nparticular and has provided all relevant information to the\nauditor; and\n(b) a declaration signed by the auditor:\n(i) setting out the auditor's qualifications; and\n(ii) certifying that the audit was undertaken in accordance\nwith the requirements of the CEO's audit direction; and\n(iii) certifying that the report is accurate and that the auditor\nhas not knowingly included any information in it that is\nmisleading in a material particular or failed to include any\nrelevant information in it.\n(2) A statement under subsection (1) may be qualified in relation to the\nprovision of misleading information if the person, as part of the\ndeclaration:\n(a) identifies the information; and\n(b) explains the reason why it is misleading.\n\nPetroleum Act 1984 109\n","sortOrder":125},{"sectionNumber":"89Y","sectionType":"section","heading":"Self-incriminatory information","content":"89Y Self-incriminatory information\n(1) A person required to give information in connection with an audit\nunder this Division must do so whether or not the information might\ntend to incriminate the person or make the person liable to a\npenalty.\n(2) If the giving of information might tend to incriminate a person or\nmake the person liable to a penalty, the fact of giving the\ninformation (as distinct from the contents of the information) is not\nadmissible in evidence against the person in proceedings for an\noffence or for the imposition of a penalty (other than proceedings in\nrespect of giving misleading information).\n","sortOrder":126},{"sectionNumber":"89Z","sectionType":"section","heading":"Offences relating to audits","content":"89Z Offences relating to audits\n(1) An interest holder commits an offence if:\n(a) the interest holder is issued with an audit direction; and\n(b) the interest holder intentionally engages in conduct; and\n(c) the conduct results in a contravention of the audit direction\nand the interest holder is reckless in relation to that result.\n(2) Strict liability applies to subsection (1)(a).\n(3) An interest holder commits an offence if the interest holder is issued\nwith an audit direction and the interest holder contravenes the audit\n(5) It is a defence to a prosecution for an offence against\nsubsection (1) or (3) if the defendant took reasonable steps and\n(6) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (5).\n\nPetroleum Act 1984 110\n89ZA Retention and production of information\n(1) An interest holder must retain any written documentation required\nto be prepared by the interest holder in connection with the audit for\na period of at least 5 years after the audit report is given to the CEO\n(or for such other period as may be agreed or determined by the\nCEO).\n(2) The CEO may direct an interest holder to produce any\ndocumentation that is required to be retained under subsection (1).\n(a) the person is an interest holder; and\n(b) the interest holder is given a direction under subsection (2);\nand\n(c) the interest holder intentionally engages in conduct; and\ninterest holder is reckless in relation to that result.\n(4) Strict liability applies to subsection (3)(a) and (b).\n(5) An interest holder commits an offence if the interest holder is given\na direction under subsection (2) and the interest holder contravenes\nthat direction.\n(6) An offence against subsection (5) is an offence of strict liability.\n(7) It is a defence to a prosecution for an offence against\nsubsection (3) or (5) if the defendant took reasonable steps and\n(8) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (7).\n","sortOrder":127},{"sectionNumber":"90","sectionType":"section","heading":"Registrar and Register of instruments","content":"90 Registrar and Register of instruments\n(1) The Minister may appoint a person to be the Registrar for the\npurposes of this Act.\n\nPetroleum Act 1984 111\n(2) The Registrar shall establish and maintain a Register of exploration\npermits and licences granted under this Act.\n(3) The Register may be established and maintained:\n(a) in such form or combination of forms;\n(b) on such medium or combination of mediums; and\n(c) in such manner,\nas the Minister thinks fit, and for the purposes of paragraph (b), a\nreference to a medium includes, but is not limited to:\n(d) a computer;\n(e) micro film; or\n(f) paper.\n","sortOrder":128},{"sectionNumber":"91","sectionType":"section","heading":"Particulars to be entered in Register","content":"91 Particulars to be entered in Register\n(1) The Registrar shall enter in the Register a memorial in relation to\neach exploration permit and licence:\n(a) specifying the name of each permittee or licensee;\n(b) containing an accurate description, including designated\nnumbers, of the exploration permit or licence area;\n(c) specifying the term of the exploration permit or licence;\n(d) containing, where the area has previously been the subject of\nan exploration permit or licence, details of the previous\nexploration permit or licence;\n(e) specifying the conditions subject to which the exploration\npermit or licence is granted;\n(f) setting out such other matters and things as are required by\nthis Part to be entered in the Register; and\n(g) setting out such further matters relating to each permittee or\nlicensee and to the conditions of the exploration permit or\nlicence as the Minister thinks fit.\n(2) The Registrar shall enter in the Register a memorial of:\n(a) any notice varying, cancelling, surrendering or otherwise\naffecting an exploration permit or licence;\n\nPetroleum Act 1984 112\n(b) a direction to each permittee or licensee by the Minister; and\n(c) any notice or instrument varying or revoking a notice or\ninstrument referred to in paragraph (a).\n(3) It is sufficient compliance with the requirements of subsection (1)\nor (2) where the Registrar enters a copy of the exploration permit,\nlicence, notice, direction or instrument in the Register.\n(4) An exploration permit or licence shall be deemed to be registered\nas soon as a memorial complying with subsection (1) or a copy of\nthe permit or licence, has been entered in the Register.\n(5) A person to whom an exploration permit or licence has been\ngranted shall not exercise any powers under this Act or the person's\npermit or licence, except under this Part, until the permit or licence,\nas the case may be, is registered.\n(6) The Registrar shall endorse on the memorial or copy of the\nexploration permit or licence a memorandum of the date upon\nwhich the memorial or copy was entered in the Register.\n","sortOrder":129},{"sectionNumber":"91A","sectionType":"section","heading":"Application of Law of Property Act 2000","content":"91A Application of Law of Property Act 2000\nOn the commencement of the Law of Property Act 2000:\n(a) that Act applies to estates, interests and any other rights in or\nin respect of land, granted, created or taking effect under this\nAct, but if there is an inconsistency between the provisions of\nthat Act and a specific provision of this Act, this Act prevails;\n(b) Part 7 of that Act applies to or in respect of an interest\ngranted, created or taking effect under this Act, subject that a\nreference to the Registrar-General is to be construed as a\nreference to the Registrar under Part IV of this Act; and\n(c) in registering the creation or transfer of an interest under this\nAct, the Registrar is to record co-owners (if any) of the interest\nas tenants in common unless satisfied that the intention was\nfor the interest to be held as joint tenants.\n","sortOrder":130},{"sectionNumber":"92","sectionType":"section","heading":"Memorials to be entered of exploration permits etc. cancelled","content":"92 Memorials to be entered of exploration permits etc. cancelled\netc.\nWhere:\n(a) an exploration permit or licence ceases to be in force in\nrelation to a block;\n(b) an exploration permit has been wholly or partly cancelled; or\n\nPetroleum Act 1984 113\n(c) an exploration permit or licence has expired,\nthe Registrar shall enter in the Register a memorial of the\ncessation, cancellation or expiration, as the case may be.\n","sortOrder":131},{"sectionNumber":"93","sectionType":"section","heading":"Approval of transfers","content":"93 Approval of transfers\n(1) This section applies to a person who:\n(a) has an interest in an exploration permit or licence as a\npermittee or licensee; and\n(b) is seeking to transfer the person's interest to another person.\n(2) The transfer has no effect unless it is approved by the Minister and\nany transfer takes effect subject to the operation of section 93A.\n(2A) An application for approval of the transfer by the Minister must:\n(b) be accompanied by an instrument of transfer that:\n(i) is signed or executed in the manner specified in the\napproved form; and\n(ii) complies with any other prescribed requirement; and\n(c) be accompanied by any information required by the Minister\nincluding information to establish that the proposed transferee,\nand any associated entity of the proposed transferee, is an\nappropriate person to hold the permit or licence; and\n(2B) If there are one or more permittees or licensees other than the\ntransferor registered against the exploration permit or licence, the\napplication must also be accompanied by:\n(a) the written consent of each of the other permittees or\nlicensees; or\n(b) if consent was not obtained – a copy of each notice of\nintention served on those permittees or licensees under\nsubsection (5).\n(3) The Minister must not accept an application under this section\nunless the application is made within 3 months after the date on\n\nPetroleum Act 1984 114\nwhich the party who last executed the instrument of transfer to\nwhich the application relates so executed it or within such extended\nperiod as the Minister, in special circumstances, allows.\n(4) If the Minister accepts an application under this section, the Minister\nmust direct the Registrar to enter a memorial in the Register of the\ndate on which the application was accepted and to make such other\nnotation in the Register as the Minister thinks fit.\n(5) Where the written consent of other permittees or licensees\nregistered against an exploration permit or licence has not been\nobtained by the transferor, the transferor shall, before making an\napplication under this section, serve on each permittee or licensee\nwho has not consented, a notice of his intention to apply to the\nMinister for approval to the proposed transfer and, in the notice:\n(a) specify the identity of the transferee and the interest to be\ntransferred; and\n(b) specify a date, being not earlier than 30 days after the day on\nwhich the application will be lodged with the Minister, by which\nthe person on whom the notice is served may, to the Minister\nin writing, object to the proposed transfer or make\nsubmissions in relation to it.\n(6) Where the Minister accepts an application under this section, the\nMinister shall:\n(a) if all consents are given or no consents are needed, as soon\nas practicable after accepting the application, determine the\n(b) if all consents are given before the date specified under\nsubsection (5)(b), determine the application as soon as\npracticable after the last consent has been given; or\n(c) if no objection or submission in relation to the transfer has\nbeen received by the Minister before the date specified under\nsubsection (5)(b), determine the application as soon as\npracticable after that date.\n(7) The Minister may, if a submission in relation to a transfer is\nreceived, or shall, if an objection to the transfer is received (in each\ncase before the date specified under subsection (5)(b)), give the\napplicant a copy of the submission or objection and specify a date\n(being not earlier than 30 days after the date of the notice) by which\nthe applicant may respond in writing to the Minister in relation to the\nsubmission or objection, and shall, as soon as practicable after that\ndue date, determine the application.\n\nPetroleum Act 1984 115\n(8) The Minister may, before determining an application under this\nsection, request from any person, being a party to a proposed\ntransfer or a permittee or licensee registered against an exploration\npermit or licence in which an interest is proposed to be transferred,\nand that person shall provide, such information relating to the\ntransfer as the Minister thinks necessary or expedient to assist him\nin determining the application.\n(9) In determining an application under this section, the Minister shall\ntake into account:\n(a) any objection or submission received from a permittee or\nlicensee before the date specified under subsection (5)(b);\nand\n(b) any response to an objection or submission received from a\ntransferor or transferee before the date specified under\nsubsection (7); and\n(c) if the transferee is not already a registered holder of an\ninterest in the exploration permit or licence, the technical\ncapacity and financial resources and standing of the\ntransferee; and\n(d) the terms and conditions of any relevant instrument to which\nsection 96 applies; and\n(e) the public interest.\n(9A) If the transferee is not already a registered holder of an interest in\nthe exploration permit or licence, the Minister must be satisfied that\nthe transferee and any associated entity is an appropriate person to\nhold the permit or licence.\n(10) To determine an application under this section the Minister shall\neither:\n(a) subject to subsection (11), approve it; or\n(b) refuse to approve it.\n(11) The Minister may, before approving an application under this\nsection, require the proposed transferee to:\n(a) adopt or review an approved plan, or an approved\nenvironment management plan and, in the case of a review, to\nsubmit a revised or new plan for the approval of the Minister or\nthe Environment Minister; and\n\nPetroleum Act 1984 116\n(b) provide a new or additional environmental security or\npetroleum infrastructure decommissioning security.\n(12) The Minister is not required to approve a transfer until the proposed\ntransferee:\n(a) complies with a requirement under subsection (11); and\n(b) obtains any approvals required from the Minister and the\nEnvironment Minister.\n(13) An approval under this section may be subject to any other\ncondition determined by the Minister and recorded as part of the\nMinister's approval.\n","sortOrder":132},{"sectionNumber":"93A","sectionType":"section","heading":"Registration of transfers","content":"93A Registration of transfers\n(1) If the Minister approves a transfer under section 93, the Minister\nmust:\n(a) record the approval by endorsing a memorial of approval on\nthe instrument electronically or in such other manner as the\nMinister thinks appropriate; and\n(b) request the Registrar to enter in the Register a memorial of\nthe transfer and the name of the transferee.\n(2) A transfer is registered as soon as a memorial of the transfer and\nthe name of the transferee has, under subsection (1), been entered\nin the Register and, upon that memorial being entered, the\ntransferee becomes the registered holder of the interest in the\nexploration permit or licence to which the instrument of transfer\nrelates.\n(3) A copy of an instrument of transfer endorsed with the memorial of\napproval shall be retained by the Registrar and is subject to\ninspection in accordance with this Part, and the instrument of\ntransfer endorsed with the memorial of approval shall be returned to\nthe person who lodged the application for the transfer.\n(4) An instrument of transfer of an interest in an exploration permit or\nlicence does not convey a legal or equitable interest in the permit or\nlicence until the transfer is approved by the Minister and entered in\nthe Register under this section.\n\nPetroleum Act 1984 117\n(4A) When a transfer is approved and entered in the Register:\n(a) the transferee and all other registered holders of an interest in\nthe permit or licence are jointly liable to comply with this Act,\nincluding the conditions to which the permit or licence is, from\ntime to time, subject; and\n(b) the transferee is responsible for any liability or requirement\napplying in relation to the transferor with respect to the permit\nor licence immediately before the transfer takes effect.\n","sortOrder":133},{"sectionNumber":"94","sectionType":"section","heading":"Entries in Register on devolution of title","content":"94 Entries in Register on devolution of title\n(1) A person upon whom the rights of a permittee or licensee have\ndevolved by operation of law may apply in writing to the Registrar to\nhave his name entered in the Register as the permittee or licensee.\n(2) The Registrar shall, where he is satisfied that the rights of a\npermittee or licensee have devolved upon an applicant by operation\nof law, and on payment of the prescribed fee, enter the name of the\napplicant in the Register as the permittee or licensee and, upon that\nentry being so made, the applicant becomes the permittee or\nlicensee and is subject to the same rights and obligations under this\nAct as if he were the person to whom the exploration permit or\nlicence was granted.\n","sortOrder":134},{"sectionNumber":"95","sectionType":"section","heading":"Interests not to be created, &c., except by instruments in","content":"95 Interests not to be created, &c., except by instruments in\nwriting\nA legal or equitable interest in or affecting an existing or future\nexploration permit or licence is not capable of being created,\nassigned, affected or dealt with, whether directly or indirectly,\nexcept by an instrument in writing.\n","sortOrder":135},{"sectionNumber":"96","sectionType":"section","heading":"Approval of instruments relating to interests","content":"96 Approval of instruments relating to interests\n(1) This section applies to an instrument by which a legal or equitable\ninterest in or affecting an existing or future exploration permit or\nlicence is or may be created, assigned, affected or dealt with,\nwhether directly or indirectly, not being an instrument of transfer to\nwhich section 93 applies.\n(2) An instrument to which this section applies does not create, assign\nor deal with, whether directly or indirectly, a legal or equitable\ninterest in an existing or future exploration permit or licence until:\n(a) it has been approved by the Minister; and\n(b) an entry has been made in the Register by the Registrar in\naccordance with subsection (7).\n\nPetroleum Act 1984 118\n(3) A party to an instrument to which this section applies or a person\nhaving an interest in or in relation to an exploration permit or licence\nby reason of such an instrument may apply to the Minister for its\napproval.\n(4) An application for the approval of the Minister must:\n(b) be accompanied by the instrument; and\n(c) be accompanied by any information required by the Minister;\nand\n(5) On receipt of an application under this section, the Minister shall\ndirect the Registrar to enter a memorial in the Register of the date\non which the application was received by the Minister and to make\nsuch other notation in the Register as the Minister thinks fit.\n(6) The Minister may approve or refuse to approve an instrument\nlodged with him for approval.\n(7) If the Minister approves an instrument lodged with the Minister\nunder this section, the Minister must:\n(a) record the approval by endorsing a memorial of approval on\nthe instrument electronically or in such other manner as the\nMinister thinks appropriate; and\n(b) request the Registrar to enter in the Register a memorial\nrelating to the approval.\n(8) A copy of an instrument endorsed with the memorial of approval\nshall be retained by the Registrar and is subject to inspection in\naccordance with this Part.\n(9) The instrument endorsed with the memorial of approval must be\nreturned to the person who lodged the application for approval.\n(10) If the Minister refuses an application, the Minister must direct the\nRegistrar to make a notation of the refusal in the Register.\n\nPetroleum Act 1984 119\n","sortOrder":136},{"sectionNumber":"97","sectionType":"section","heading":"Minister not concerned with certain matters","content":"97 Minister not concerned with certain matters\nNeither the Minister nor a person acting under his direction or\nauthority is concerned with the effect in law of an instrument lodged\nwith him in pursuance of this Part nor does the approval of such an\ninstrument give to it any force, effect or validity that it would not\nhave had if this Part had not been enacted.\n","sortOrder":137},{"sectionNumber":"98","sectionType":"section","heading":"Power of Minister to require information as to proposed","content":"98 Power of Minister to require information as to proposed\ndealings\n(1) The Minister may, by notice served on the person lodging an\ninstrument for approval under this Part, require the person to\nfurnish to the Minister such information concerning the instrument,\nor the transaction to which the instrument relates, as the Minister\nthinks fit.\n(2) The Minister may determine not to deal with the instrument until the\nperson complies with a requirement under subsection (1).\n","sortOrder":138},{"sectionNumber":"99","sectionType":"section","heading":"Production and inspection of documents","content":"99 Production and inspection of documents\n(1) The Minister may require any person to produce to him or her or to\nmake available for inspection by him or her any documents in the\npossession or under the control of that person and relating to an\ninstrument lodged with the Minister for approval under this Part or\nto the transaction to which such an instrument relates.\n(2) The Minister may determine not to deal with the matter until the\nperson complies with a requirement under subsection (1).\n","sortOrder":139},{"sectionNumber":"100","sectionType":"section","heading":"Inspection of Register and documents","content":"100 Inspection of Register and documents\nThe Register and all instruments registered, or subject to\ninspection, under this Part shall, at all convenient times, be open for\ninspection by any person upon payment of the prescribed fee.\n","sortOrder":140},{"sectionNumber":"101","sectionType":"section","heading":"Rectification of Register","content":"101 Rectification of Register\nSubject to section 103, the Registrar may, at any time, rectify an\nentry in the Register where he is satisfied that the entry does not\naccurately reflect the true position in relation to an exploration,\nlicence or other matter required or permitted by or under this Act to\nbe entered in the Register.\n","sortOrder":141},{"sectionNumber":"102","sectionType":"section","heading":"Evidentiary provisions","content":"102 Evidentiary provisions\n(1) The Register shall be received by all courts as prima facie evidence\nof all matters required or authorised by this Part to be entered in the\nRegister.\n\nPetroleum Act 1984 120\n(2) The Registrar may, on payment of a fee calculated at a prescribed\nrate per page, supply copies of or extracts from the Register or of or\nfrom any instrument lodged with him under this Part certified by\nwriting under his hand, and such a copy or extract so certified is\nadmissible in evidence in all courts and proceedings without further\nproof or production of the original.\n(3) The Registrar may, on payment of a prescribed fee, by instrument\nin writing under his hand, certify that an entry, matter or thing\nrequired or permitted by or under this Part to be made or done or\nnot to be made or done has or has not, as the case may be, been\nmade or done and such a certificate is prima facie evidence in all\ncourts and proceedings of the statements contained in the\ncertificate.\n","sortOrder":142},{"sectionNumber":"103","sectionType":"section","heading":"Applications in relation to Register","content":"103 Applications in relation to Register\n(1) The Tribunal may, on the application of a person aggrieved by:\n(a) the omission of an entry from the Register;\n(b) an entry made in the Register without sufficient cause;\n(c) an entry wrongly existing in the Register; or\n(d) an error or defect in an entry in the Register,\nmake such order as it thinks fit directing the rectification of the\nRegister.\n(2) The Tribunal may, in proceedings under this section, decide any\nquestion that it is necessary or expedient to decide in connection\nwith the rectification of the Register.\n(3) Notice of an application under this section shall be given to the\nRegistrar, who may appear and be heard and shall appear if so\ndirected by the Tribunal.\n(4) An office copy of an order made under subsection (1) by the\nTribunal may be served on the Registrar and the Registrar shall,\nupon receipt of the order, rectify the Register accordingly.\n(5) A person may not apply under subsection (1), unless he has first\nrequested the Registrar to rectify the Register.\n","sortOrder":143},{"sectionNumber":"104","sectionType":"section","heading":"Registrar not liable to certain actions","content":"104 Registrar not liable to certain actions\nSubject to section 103, neither the Registrar nor a person acting\nunder his direction or authority is liable to an action, suit or\nproceeding for or in respect of an act or matter bona fide done or\n\nPetroleum Act 1984 121\nomitted to be done in exercise or purported exercise of a power or\nauthority conferred by this Part.\nPart IVA Change in control of corporation holding\n","sortOrder":144},{"sectionNumber":"104A","sectionType":"section","heading":"Definitions","content":"104A Definitions\nchange in control, see section 104B.\ncorporation means a corporation as defined in section 57A of the\nCorporations Act 2001 (Cth).\nfamily means 2 or more persons connected with each other by\nfamily relationships.\nfamily relationship means any of the following:\n(a) the relationship between a person and the person's spouse;\n(b) the relationship between a person and the person's child or\nremoter lineal descendant;\n(c) the relationship between a person and the child or remoter\nlineal descendant of the person's spouse;\n(d) the relationship between a person and the person's brother or\nsister;\n(e) the relationship between a person and the child or remoter\nlineal descendant of the person's brother or sister;\n(f) the relationship between a person and the spouse of a person\nwith whom a relationship exists under paragraph (b), (c), (d)\nor (e).\ninvestor, in relation to a corporation holding a permit or licence,\nmeans a person who has or acquires an interest in shares in the\ncorporation.\nrelated, see section 104C.\nrelated corporations means related corporations under section 50\nof the Corporations Act 2001 (Cth).\nshare means a share in the share capital of a corporation holding a\npermit or licence.\n\nPetroleum Act 1984 122\n","sortOrder":145},{"sectionNumber":"104B","sectionType":"section","heading":"Meaning of change in control","content":"104B Meaning of change in control\nFor this Part, a change in control of a corporation occurs when a\nperson, or a group of related persons, becomes able to exercise, or\nto control (directly or indirectly) the exercise of, a majority of the\nvotes exercisable at meetings of the directors or shareholders of\nthe corporation.\n","sortOrder":146},{"sectionNumber":"104C","sectionType":"section","heading":"Meaning of related","content":"104C Meaning of related\n(1) For this Part, 2 persons are related to each other if:\n(a) they are members of the same family; or\n(b) they are related corporations; or\n(c) one is a corporation and the other is a director of, or a\nshareholder in, the corporation; or\n(d) they are both trustees of the same trust, or of different trusts\nwith a common beneficiary, or one is a trustee and the other is\na beneficiary of the same trust; or\n(e) a chain of relationships can be traced between them under\none or more of the above paragraphs.\n(2) A person is taken not to be related to another if the Minister is\nsatisfied that they are not, and have not been, acting in concert in\nrelation to the acquisition of an interest in shares in a corporation\nholding a permit or licence.\n","sortOrder":147},{"sectionNumber":"104D","sectionType":"section","heading":"Acquisition of interest in shares","content":"104D Acquisition of interest in shares\n(1) For this Part, the acquisition of an interest in shares in a corporation\nholding a permit or licence includes:\n(a) the allotment or issue of a share, not being the issue of a\nshare to a member on registration of the corporation as a\ncorporation; and\n(b) the acquisition of the legal title in a share by purchase or\ntransfer; and\n(c) the redemption, surrender or cancellation of a share; and\n(d) the variation, abrogation or alteration of a right pertaining to a\nshare; and\n(e) a declaration of trust over shares; and\n\nPetroleum Act 1984 123\n(f) if shares are held subject to a discretionary trust – the addition\nof a beneficiary or class of beneficiaries to the existing\nbeneficiaries under the trust; and\n(g) if shares are held subject to a discretionary trust – a change in\ncontrol of a corporate beneficiary under the trust and a change\nin control of the trust if both changes:\n(i) occur within a 12 month period; and\n(ii) arise from (or substantially from) one transaction or one\nseries of transactions; and\n(h) a statutory vesting of shares; and\n(i) a vesting of shares through a merger.\n(2) Despite subsection (1), an acquisition of an interest in shares in a\ncorporation holding a permit or licence does not include an\nacquisition:\n(a) that occurs as the result of the appointment of:\n(i) a receiver or trustee in bankruptcy; or\n(ii) a liquidator; or\n(b) that is declared not to constitute an acquisition by the\n","sortOrder":148},{"sectionNumber":"104E","sectionType":"section","heading":"Approval of change in control","content":"104E Approval of change in control\n(1) This section applies in relation to a change in control of a\ncorporation holding a permit or licence.\n(2) An application for the approval of the Minister must be made before\nthe change in control occurs.\n(3) An application under this section must be made by an investor who\nis a person who is, or who is a member of a group of persons who\nare, to become able to exercise, or to control (directly or indirectly)\nthe exercise of, a majority of the votes exercisable at meetings of\nthe directors or shareholders of the corporation holding the permit\n(4) An application for the approval of the Minister must:\n(b) be accompanied by any information required by the Minister;\nand\n\nPetroleum Act 1984 124\n(c) be accompanied by the prescribed fee; and\n(d) comply with any other requirement determined by the Minister\n(5) The Minister may, before determining an application under this\nsection, request an investor to provide to the Minister further\ninformation to assist the Minister to determine the application.\n(6) The Minister may determine not to deal with the application until the\ninvestor complies with a request under subsection (5).\n(7) In determining an application under this section, the Minister must\nbe satisfied that any investor, and any associated entity of any\ninvestor, who is, or forms part of a group of related persons who\nare, to become able to exercise, or to control (directly or indirectly)\nthe exercise of, a majority of the votes exercisable at meetings of\nthe directors or shareholders of the corporation holding a permit or\nlicence are appropriate persons to hold the permit or licence.\n(8) The Minister may cancel the permit or licence if:\n(a) the Minister is unwilling to approve an application under this\nsection; and\n(b) the change in the control of the corporation proceeds in any\nevent.\n","sortOrder":149},{"sectionNumber":"104F","sectionType":"section","heading":"Offence to fail to apply for approval","content":"104F Offence to fail to apply for approval\n(a) the person is a person who has or acquires an interest in\nshares in a corporation holding a permit or licence; and\n(b) the person is a person who is, or who is a member of a group\nof persons who are, to become able to exercise, or to control\n(directly or indirectly) the exercise of, a majority of the votes\nexercisable at meetings of the directors or shareholders of a\ncorporation holding a permit or licence; and\n(c) an application is not made in accordance with\nsection 104E(2).\n\nPetroleum Act 1984 125\n","sortOrder":150},{"sectionNumber":"105","sectionType":"section","heading":"Permit and licences required to explore and recover petroleum","content":"105 Permit and licences required to explore and recover petroleum\n(b) the conduct is part of carrying out an activity for which an\nexploration permit, retention licence or production licence is\nrequired and the person is reckless in relation to that\ncircumstance; and\n(c) the activity is not authorised by an exploration permit,\nretention licence or production licence.\nMaximum penalty: 5 000 penalty units.\n(2) Strict liability applies to subsection (1)(c).\n(b) the conduct is part of carrying out activity for which an\nexploration permit, retention licence or production licence is\nrequired; and\n(c) the activity is not authorised by an exploration permit,\nretention licence or production licence.\nMaximum penalty: 1 000 penalty units.\n(5) A person commits an offence if:\n(a) the person is the holder of an exploration permit, retention\nlicence or production licence; and\n\nPetroleum Act 1984 126\n(c) the conduct results in a contravention of the exploration\npermit, retention licence or production licence and the person\nis reckless in relation to that result.\nMaximum penalty: 5 000 penalty units.\n(6) Strict liability applies to subsection (5)(a).\n(7) A person commits an offence if:\n(a) the person is the holder of an exploration permit, retention\nlicence or production licence; and\n(b) the person engages in conduct; and\n(c) the conduct results in a contravention of the exploration\npermit, retention licence or production licence.\nMaximum penalty: 1 000 penalty units.\nsubsection (1), (3), (5) or (7) if the defendant took reasonable steps\n","sortOrder":151},{"sectionNumber":"106","sectionType":"section","heading":"Interference with activities or work","content":"106 Interference with activities or work\n(a) the person intentionally interferes with an activity; and\n(b) the activity is being conducted in accordance with an\nexploration permit, retention licence or production licence\nunder this Act and the person is reckless in relation to that\n(a) the person intentionally interferes with the construction of a\nroad, or other work or operations; and\n\nPetroleum Act 1984 127\n(b) the construction of the road, or the other work or operations, is\nbeing conducted in accordance with section 57A(9) or 65 and\nthe person is reckless in relation to that circumstance.\n","sortOrder":152},{"sectionNumber":"107","sectionType":"section","heading":"Misleading information","content":"107 Misleading information\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is an authorised person; and\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the authorised person is acting in an official capacity and the\nperson has knowledge of that circumstance.\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is an authorised person; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the authorised person is acting in an official capacity and the\nperson has knowledge of that circumstance.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant, when giving the information or\ndocument:\n(a) draws the misleading aspect of the information or document to\nthe authorised person; and\n\nPetroleum Act 1984 128\n(b) to the extent to which the defendant can reasonably do so –\ngives the authorised person the information necessary to\nremedy the misleading aspect of the information or document.\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\nacting in an official capacity, in relation to an authorised person,\nmeans the authorised person is exercising powers or performing\nfunctions under, or otherwise related to the administration of, this\nAct.\nauthorised person means:\n(a) the Minister; or\n(b) the Environment Minister; or\n(c) the CEO; or\n(d) the Environment CEO; or\n(e) the Registrar; or\n(f) an inspector; or\n(g) an auditor.\n","sortOrder":153},{"sectionNumber":"108","sectionType":"section","heading":"False representations","content":"108 False representations\n(a) the person (the first person) intentionally represents to\nanother person that the first person is a person named in a\ncertificate or other document; and\n(b) the certificate or other document is issued under this Act; and\n(c) the first person is not a person named in the certificate or\nother document and the first person has knowledge of that\n12 months.\n(2) Strict liability applies to subsection (1)(b).\n\nPetroleum Act 1984 129\n(a) the person intentionally produces or tenders in evidence a\ndocument in any proceedings before a court or tribunal; and\n(b) the document purports to be:\n(i) a copy of or extract from an entry in the Register; or\n(ii) a copy of an instrument lodged with the Minister under\n(c) the person has knowledge of the circumstance referred to in\nparagraph (b); and\n(d) the document is false and the person has knowledge of that\n","sortOrder":154},{"sectionNumber":"109","sectionType":"section","heading":"Operations near residence or other area","content":"109 Operations near residence or other area\n(1) Subject to subsection (4), a permittee or licensee must not carry out\nan operation on land that is:\n(a) used as, or within 50 m of land being used as, a residence,\nyard, garden, orchard or cultivated field; or\n(b) within a distance of 200 m of any artificial accumulation of\nwater or any outlet from which water may be obtained.\nlicensee carries out an operation in contravention of subsection (1).\nwritten approval to carry out the operations by:\n(a) the owner of the land or, if the occupier of the land has, in the\nland, an interest registered on the Register kept by the\nRegistrar-General under Part 3 of the Land Title Act 2000, the\noccupier; and\n\nPetroleum Act 1984 130\n(b) any registered native title bodies corporate, or registered\nnative title claimants, in relation to the land.\n","sortOrder":155},{"sectionNumber":"110","sectionType":"section","heading":"Operations near cemetery","content":"110 Operations near cemetery\n(1) Subject to subsection (4), a permittee or licensee must not carry out\nan operation on land that is used as, or within 200 m of land being\nused as, a cemetery.\nlicensee carries out an operation in contravention of subsection (1).\nwritten approval to carry out the operations by the responsible entity\nfor the cemetery.\ncemetery, see section 7 of the Burial and Cremation Act 2022.\n","sortOrder":156},{"sectionNumber":"111","sectionType":"section","heading":"Construction near habitable building","content":"111 Construction near habitable building\n(1) A permittee or licensee must not construct a well, wellhead, pipeline\nor petroleum processing facility on land that is used as, or within\n2 km of land being used as, a habitable building.\nlicensee undertakes construction in contravention of subsection (1).\n(4) In this section:\nhabitable building means:\n(a) a building in which people reside or work; or\n\nPetroleum Act 1984 131\n(b) a school, including a playground associated with a school; or\n(c) a permanent sporting facility; or\n(d) a hospital or other type of community medical facility;\npetroleum processing facility means a temporary or permanent\nfacility for the processing or storage of petroleum.\npipeline means a pipeline constructed or to be constructed for a\npurpose mentioned in section 4(1)(e)(i) to (iv) of the Energy\nPipelines Act 1981.\n","sortOrder":157},{"sectionNumber":"112","sectionType":"section","heading":"Construction of well or well pad near designated bore","content":"112 Construction of well or well pad near designated bore\n(1) Subject to subsection (4), a permittee or licensee must not\nconstruct a well or well pad within 1 km of a designated bore.\nlicensee undertakes construction in contravention of subsection (1).\nwritten approval to undertake the construction by:\n(a) the owner of the land or, if the occupier of the land has, in the\nland, an interest registered on the Register kept by the\nRegistrar-General under Part 3 of the Land Title Act 2000, the\noccupier; and\n(b) any registered native title bodies corporate, or registered\nnative title claimants, in relation to the land; and\n(c) the owner of the designated bore.\ndesignated bore, see section 60A(3) of the Water Act 1992.\nowner, of a designated bore, see section 60A(3) of the Water\nAct 1992.\n\nPetroleum Act 1984 132\n","sortOrder":158},{"sectionNumber":"113","sectionType":"section","heading":"Continuing offences","content":"113 Continuing offences\n(1) If a court finds a person guilty of an offence against this Act, the\ncourt may, in addition to any penalty imposed for the offence,\nimpose a penalty not more than one-tenth of the maximum penalty\nprescribed for that offence for each day during which the offence\ncontinues after the day the offence is charged.\n(2) If an offence continues after the person is found guilty of the\noffence, the court may:\n(a) find the person guilty of a further offence; and\n(b) in addition to any penalty imposed for the further offence,\nimpose a penalty of not more than one-tenth of the maximum\npenalty prescribed for that offence for each day during which\nthe offence continues after the day the person was first found\nguilty.\n(3) If an offence consists of an omission to do something that is\nrequired to be done, the omission is taken to continue for as long as\nthe thing required to be done remains to be done after the end of\nthe period for compliance with the requirement.\n","sortOrder":159},{"sectionNumber":"114","sectionType":"section","heading":"Conduct of employee or agent","content":"114 Conduct of employee or agent\n(1) This section applies to a prosecution for an offence against this Act.\nThis section deals with prosecutions of individuals. Part IIAA, Division 5, of the\nCriminal Code contains provisions about corporate criminal responsibility.\n(2) Conduct engaged in by an employee or agent of an individual within\nthe scope of the employee or agent's actual or apparent authority is\ntaken to have been also engaged in by the individual.\n(3) It is a defence to a prosecution for the offence if the individual took\nreasonable steps to prevent the conduct.\n(4) In deciding whether the individual took reasonable steps to prevent\nthe conduct, a court must consider:\n(a) any action the individual took to ensure the employee or agent\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the contravened provision; and\n(b) the level of management, control or supervision that was\nappropriate for the individual to exercise over the\nrepresentative.\n\nPetroleum Act 1984 133\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) If it is relevant to prove an individual had a fault element in relation\nto a physical element of an offence, it is enough to show:\n(a) the conduct relevant to the physical element was engaged in\nby an employee or agent of the individual within the scope of\nthe employee or agent's actual or apparent authority; and\n(b) the employee or agent had the fault element in relation to the\nphysical element.\n(7) An individual may rely on section 43AX of the Criminal Code in\nrelation to conduct by an employee or agent that would be an\noffence by the individual only if:\n(a) the employee or agent was under a mistaken but reasonable\nbelief about the facts that, had they existed, would have meant\nthat the conduct would not have constituted an offence; and\n(b) the individual proves the individual exercised due diligence to\nprevent the conduct.\nNote for subsection (7)\nSection 43AX of the Criminal Code provides a person is not criminally\nresponsible if the person engaged in conduct under a mistake of fact in relation to\nan offence of strict liability.\n(8) An individual (the defendant) may not rely on section 43BA of the\nCriminal Code in relation to a physical element of an offence\ncaused by another individual if the other individual is an employee\nor agent of the defendant.\nNote for subsection (8)\nSection 43BA of the Criminal Code provides a person is not criminally\nresponsible in circumstances of an intervening conduct or event.\n(9) An individual who is convicted of an offence cannot be punished by\nimprisonment for the offence if the individual would not have been\nconvicted of the offence without subsection (2) or (6).\n(10) In this section:\nfault element means intention, knowledge or recklessness.\n\nPetroleum Act 1984 134\n","sortOrder":160},{"sectionNumber":"115","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"115 Criminal liability of executive officer of body corporate\n(1) This section applies in relation to the following offences:\n(a) an offence against section 77(2), (4), (6) or (7), 89M(1),\n89Q(1) or (3), 89S(1), 89Z(1) or (3), 89ZA(3) or (5), 105(1),\n(3), (5) or (7) or 117AAB(1), (3), (5), (6) or (7);\n(b) a prescribed offence against a provision of the regulations.\n(2) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits the offence and the officer was\nreckless about whether the offence would be committed; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the commission of the offence;\nand\n(c) the officer recklessly failed to take reasonable steps to prevent\nthe commission of the offence.\nMaximum penalty: The maximum penalty that may be imposed\nfor the commission of the relevant offence\nby an individual.\n(3) Strict liability applies to subsection (2)(b).\n(4) In deciding whether the executive officer took reasonable steps to\nprevent the commission of the offence, a court must consider the\nfollowing to the extent relevant:\n(a) any action the officer took directed towards ensuring that:\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe provision to which the offence relates; and\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment referred to\nin subparagraph (i); and\n(iii) the body corporate's employees, agents and contractors\nhad reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\noffence relates;\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or could be, or was about to be,\ncommitted.\n\nPetroleum Act 1984 135\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the offence with which the\nexecutive officer was charged.\n(8) Without limiting any other defence available to the officer, an\nexecutive officer may rely on a defence that would be available to\nthe body corporate if it were charged with the offence with which\nthe executive officer is charged and, in so doing, the officer bears\nthe same burden of proof that the body corporate would bear.\nNote for subsection (8)\nsubsection (8) (see section 43BU of the Criminal Code).\n(9) In this section:\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in the management of,\nthe body corporate.\n","sortOrder":161},{"sectionNumber":"116","sectionType":"section","heading":"Commencement of criminal proceedings","content":"116 Commencement of criminal proceedings\n(1) Despite any other law, proceedings for an offence under this Act\nmay be brought at any time.\n(2) Proceedings for an offence against this Act may only be\ncommenced by:\n(a) the CEO; or\n(b) an inspector or other person authorised by the CEO.\n117AAA Application\nThis Division does not apply in relation to a substance that is\nprescribed under the Waste Management and Pollution Control\nAct 1998 to be an ozone-depleting substance.\n117AAB Environmental offences\n\nPetroleum Act 1984 136\n(d) the conduct results in significant environmental harm and the\nMaximum penalty: 6 500 penalty units or imprisonment for\n5 years.\nMinimum penalty: 650 penalty units.\n(2) An offence against subsection (1) is a summary offence.\n(d) the conduct results in material environmental harm and the\n(4) Strict liability applies to subsections (1)(b) and (c) and (3)(b)\nand (c).\n(5) A person commits an offence if:\n(d) the conduct results in significant environmental harm.\n(6) A person commits an offence if:\n\nPetroleum Act 1984 137\n(d) the conduct results in material environmental harm.\nMinimum penalty: 130 penalty units.\n(7) A person commits an offence if:\n(d) the conduct results in environmental harm.\nMaximum penalty: 130 penalty units.\n(8) An offence against subsection (5), (6) or (7) is an offence of strict\nsubsection (1), (3), (5), (6) or (7) if the defendant took reasonable\nsteps and exercised due diligence to prevent the commission of the\n117AAC Additional defences for environmental offences\n(1) It is a defence to a prosecution of an offence against\nsection 117AAB if the conduct was authorised under another\nprovision of this Act or another Act.\nsubregulation (1) (see section 43BU of the Criminal Code).\n(2) If environmental harm is the result of the release of a contaminant\nor waste, it is a defence to a prosecution for an offence against\nsection 117AAB, in relation to a particular contaminant or waste, if\nthe defendant complied with:\n(a) a provision of an environment protection objective as defined\nin section 4(1) of the Waste Management and Pollution\nControl Act 1998 that fixed maximum allowable levels for the\nparticular contaminant or waste; or\n\nPetroleum Act 1984 138\n(b) a condition of an approval, permit, lease, licence or other\nauthorisation under this Act or another Act that fixed maximum\nallowable levels for the particular contaminant or waste.\nNote for subsection (2)\nsubregulation (2) (see section 43BU of the Criminal Code).\n117AAD Alternative verdict\nIn a proceeding against a person charged with an offence against a\nprovision specified in the following Table, column 1 (the\nprosecuted offence), the trier of fact may find the person not guilty\nof the prosecuted offence but guilty of an offence against a\nprovision specified in the Table as an alternative offence for the\nprosecuted offence (the alternative offence) if the trier of fact:\n(a) is not satisfied beyond reasonable doubt that the person\ncommitted the prosecuted offence; and\n(b) is satisfied beyond reasonable doubt that the person\ncommitted the alternative offence.\nTable Alternative offences\nProsecuted offence Alternative offence\nsection 57A(14) section 57A(16)\nsection 61E(1) section 61E(3)\nsection 61E(5) section 61E(7)\nsection 77(2) section 77(4), (6) or (7)\nsection 77(4) section 77(7)\nsection 77(6) section 77(7)\nsection 89Q(1) section 89Q(3)\nsection 89Z(1) section 89Z(3)\nsection 89ZA(3) section 89ZA(5)\nsection 105(1) section 105(3)\nsection 105(5) section 105(7)\n\nPetroleum Act 1984 139\nProsecuted offence Alternative offence\nsection 117AAB(1) section 117AAB(3), (5), (6) or (7)\nsection 117AAB(3) section 117AAB(6) or (7)\nsection 117AAB(5) section 117AAB(6) or (7)\n117AAE Adverse publicity orders\nmay make an order (an adverse publicity order) requiring the\nperson to do any of the following:\n(a) to publicise, in the manner specified in the order, the offence,\nits consequences, the penalty imposed and any other related\nmatter;\n(b) to notify a specified person or specified class of person, in the\nmanner specified in the order, of the offence, its\nconsequences, the penalty imposed and any other related\nmatter.\n(2) A person subject to an adverse order must give the CEO evidence\nof compliance with the order within 7 days after the end of the\nperiod specified in the order.\n(3) The court may make an adverse publicity order on its own motion\nor on the application of the person prosecuting the offence.\n(4) The court must, in determining whether to make an adverse\npublicity order, take into account any material before the court\nrelating to the effect of the taking of action or actions that the court\nproposes to specify in the order is likely to have on a person other\nthan the person found guilty of the offence.\n(5) If the CEO does not receive evidence in accordance with\nsubsection (2), the CEO, or a person authorised in writing by the\nCEO, may take the action or actions specified in the order.\n(6) If the CEO is not satisfied that the person complied with the order,\nthe CEO may apply to the court for an order authorising the CEO,\nor a person authorised in writing by the CEO, to take action.\n(7) The CEO is entitled to recover from the person subject to the order\nan amount equal to the reasonable costs and expenses of taking\nthe action or actions as a debt due and payable to the Territory.\n\nPetroleum Act 1984 140\n117AAF Order to remedy breach\nmay, in addition to any sanction that it may impose, make an order\nrequiring the person to take specified steps, within a specified\nperiod, to remedy any matter caused by the commission of the\noffence that appears to the court to be within the person’s power to\nremedy.\n(2) The period in which an order under this section must be complied\nwith may be extended, or further extended, by order of the court if\nan application for the extension is made before the period expires.\n(a) the person is subject to an order under this section; and\n(b) the person contravenes the order.\n117AAG Recovery of costs\nmay, in addition to any sanction that it may impose, make an order\nrequiring the person to pay to the CEO or the Environment CEO:\n(a) the costs reasonably incurred for the prosecution of the\noffence; and\n(b) the costs directly related to the investigation of the offence.\n(2) Without limiting subsection (1), the costs covered by the subsection\nmay include costs for testing, storing or disposing of evidence.\nPart VA Civil enforcement, penalties and other\nproceedings\n117AA Who may bring proceedings\n(1) Subject to this Division, an application for an injunction or other\norder under this Division may be brought by the following:\n(a) the Minister;\n\nPetroleum Act 1984 141\n(b) the CEO;\n(c) a person who is affected by an alleged act or omission that\ncontravenes or may contravene this Act;\n(d) an interested person;\n(e) a person acting on behalf of an unincorporated organisation\nthat is an interested person;\n(f) a person acting with the written consent of the Minister or the\nCEO.\ninterested person is:\n(a) an individual who:\n(i) has engaged in a series of activities for protection or\nconservation of, or research into, the environment at any\ntime in the 2 years immediately before the\ncommencement of the application; and\n(ii) resides, or ordinarily resides, in the Territory; or\n(b) an organisation that:\n(i) has objects or purposes that include the protection or\nconservation of, or research into, the environment; and\n(ii) is incorporated, or operates on a regular basis, in the\n117AB Prohibitory injunctions\n(1) If a person engaged, is engaging or is proposing to engage in\nconduct constituting a contravention of this Act, the Supreme Court\nmay grant an injunction restraining the person from engaging in the\nconduct.\n(2) If the Supreme Court grants an injunction restraining a person from\nengaging in conduct and in the opinion of the Court it is desirable to\ndo so, the Court may make an order requiring the person to do a\nspecified act or thing.\n\nPetroleum Act 1984 142\n117ABA Mandatory injunctions\nIf a person refused or failed, or is refusing or failing, or is proposing\nto refuse or fail to do an act or thing, and the refusal or failure did,\ndoes or would constitute a contravention of this Act, the Supreme\nCourt may grant an injunction requiring the person to do the act or\nthing.\n117ABB Interim injunctions\n(1) Before deciding an application for an injunction under this Division,\nthe Supreme Court may grant an interim injunction:\n(a) restraining a person from engaging in conduct; or\n(b) requiring a person to do an act or thing.\n(2) The Supreme Court must not require an applicant for an injunction\nto give an undertaking as to damages as a condition of granting an\ninterim injunction.\n117ABC Certain considerations for granting injunctions not relevant\n(1) The Supreme Court may grant an injunction restraining a person\nfrom engaging in conduct:\n(a) whether or not it appears to the Court that the person intends\nto engage again, or to continue to engage, in conduct of that\nkind; and\n(b) whether or not the person previously engaged in conduct of\nthat kind; and\n(c) whether or not there is imminent danger of environmental\nharm if the person engages, or continues to engage, in\nconduct of that kind.\n(2) The Supreme Court may grant an injunction requiring a person to\ndo a particular act or thing:\n(a) whether or not it appears to the Court that the person intends\nto refuse or fail again, or to continue to refuse or fail, to do that\nact or thing; and\n(b) whether or not the person previously refused or failed to do\nthat act or thing; and\n(c) whether or not there is an imminent danger of environmental\nharm if the person refuses or fails to do that act or thing.\n\nPetroleum Act 1984 143\n117ABD Discharge of injunctions\nOn application, the Supreme Court may discharge or vary an\ninjunction.\n117ABE Other orders\n(1) On application only by the Minister or the CEO, the Supreme Court\nmay make the following orders in relation to a contravention of this\nAct:\n(a) if the contravention of this Act resulted in environmental\nharm – an order requiring the person who committed the\ncontravention to:\n(i) do a specified act or thing to remediate any specified\nenvironmental harm or to rehabilitate any aspect of the\nenvironment; and\n(ii) if appropriate, do a specified act or thing to prevent or\nmitigate further environmental harm;\n(b) if the Minister or the CEO incurred costs or expenses in doing\nan act or thing to prevent or mitigate environmental harm\nresulting from the contravention of this Act or to remediate or\nrehabilitate the environment as a result of environmental\nharm – an order against the person who committed the\ncontravention for payment of the reasonable costs and\nexpenses incurred in doing the act or thing.\n(2) On application by a person referred to in section 117AA(1)(c) who\nsuffered loss or damage as a result of a contravention of this Act, or\nincurred costs and expenses in doing an act or thing to prevent or\nmitigate that loss or damage, the Supreme Court may make an\norder against the person who committed the contravention for\npayment of:\n(a) compensation for the loss or damage; or\n(b) the reasonable costs and expenses incurred in doing the act\nor thing.\n117ABF Supreme Court may vary or revoke order\nThe Supreme Court may, if it considers it appropriate to do so,\neither on its own initiative or on the application of a party, vary or\nrevoke an order made under section 117ABE.\n\nPetroleum Act 1984 144\n117ABG Time for commencing proceedings under this Division\n(1) A proceeding under this Division may be commenced by the\nMinister or the CEO at any time within 12 months after the date of\nthe alleged act or omission that contravenes or may contravene this\nAct.\n(2) A proceeding under this Division may be commenced by a person\nreferred to in section 117AA(1)(c), (d), (e) or (f) at any time within\n6 months after the date of the alleged act or omission that\ncontravenes or may contravene this Act.\n(3) The Supreme Court may, on application, extend the time specified\nin subsection (1) or (2).\n(4) An application under subsection (3) may be commenced before or\nafter the end of the time specified in subsection (1) or (2).\n(5) In considering an application under subsection (3), the Supreme\nCourt must consider the following if the information is available:\n(a) when the alleged contravention occurred;\n(b) whether the impact of the alleged contravention ought to have\nbeen discovered by the applicant if the applicant had\nexercised due diligence in finding the impact and whether the\napplicant exercised that due diligence;\n(c) whether extending the time would prejudice the proposed\nrespondent's ability to maintain a defence to the proceeding\non the merits;\n(d) any other criteria the Court considers relevant.\n117ABH Security and undertakings\nSubject to section 117D, the Supreme Court may order a person\nreferred to in section 117AA(1)(c), (d), (e) or (f) who is the applicant\nin a proceeding under this Division:\n(a) to provide security for the payment of costs that may be\nawarded against the applicant if the application is\nsubsequently dismissed; and\n(b) to give an undertaking as to the payment of any amount of\ndamages that may be awarded under section 117ABJ.\n\nPetroleum Act 1984 145\n117ABJ Orders as to damages on application of respondent\n(1) The Supreme Court may make an order under this section if, in a\nproceeding under this Division in relation to an alleged\ncontravention of this Act commenced by a person referred to in\nsection 117AA(1)(c), (d), (e) or (f), the Court determines:\n(a) that the respondent has not contravened this Act; and\n(b) that the respondent has suffered loss or damage as a result of\nthe commencement of the proceeding under this Division; and\n(c) that in the circumstances it is appropriate to make an order\nunder this section.\n(2) The Supreme Court may, on the application of the respondent, and\nin addition to any order as to costs, require a person referred to in\nsection 117AA(1)(c), (d), (e) or (f) who is the applicant in a\nproceeding under this Division to pay to the respondent the amount\ndetermined by the Court to compensate the respondent for the loss\nor damage suffered by the respondent.\n117ABK Orders as to costs\nSubject to section 117D, in any proceeding under this Division, the\nSupreme Court may make any order as to costs that it considers\njust and reasonable.\n117ABL Powers conferred are in addition to other powers of Supreme\nCourt\nThe powers conferred on the Supreme Court under this Division are\nin addition to the other powers of the Court.\n117ABM Enforceable undertaking\n(1) An undertaking under this Division is an enforceable promise given\nby a person who is alleged to have contravened this Act, in\nexchange for the stay of any proceedings in respect of the\n(2) An undertaking may contain any terms and conditions that the CEO\nconsiders necessary to promote the objectives of this Act or to\nensure compliance with this Act.\n(3) An undertaking must include time limits for the performance of any\nobligations and a method to monitor compliance with the\nundertaking.\n\nPetroleum Act 1984 146\n(4) The process of negotiating an undertaking is without prejudice to\nany party's position.\n(5) The CEO may accept a written undertaking given by the holder of a\npetroleum interest in connection with a contravention or alleged\ncontravention by the holder of the petroleum interest of:\n(a) this Act; or\n(b) a term or condition of the petroleum interest.\n(6) The CEO must consider the following before accepting an\nundertaking:\n(a) the nature and gravity of the conduct;\n(b) the maximum penalty provided for the alleged contravention;\n(c) the benefits of the proposed undertaking and the public\ninterest;\n(d) the interests of justice;\n(e) any other factor that the CEO considers relevant.\n(7) The CEO must give written notice to the person whether or not the\nperson's undertaking is accepted.\n(8) An enforceable undertaking may require the holder of the petroleum\ninterest to publish notice of the alleged contravention and any act or\nthing done, or to be done, by the holder of the petroleum interest.\n(9) The CEO must publish on the Agency's website, or in any other\nway determined to be appropriate by the CEO, notice of the\ndecision to accept the enforceable undertaking and of the reasons\nfor that decision.\n(10) The giving of an undertaking does not constitute an admission of\nguilt by the person giving it in relation to the alleged contravention\nor offence.\n117ABN Enforcement orders\n(1) The CEO may apply to the Supreme Court for an order under\nsubsection (2) if the CEO considers that a holder of a petroleum\ninterest contravened an enforceable undertaking accepted by the\nCEO.\n\nPetroleum Act 1984 147\n(2) The Supreme Court may make any of the following enforcement\norders if the Court is satisfied that the holder of the petroleum\ninterest has contravened an enforceable undertaking:\n(a) an order directing the holder of the petroleum interest to\ncomply with the undertaking;\n(b) an order directing the holder of the petroleum interest to do\nany specified act or thing for the purpose of complying with the\nenforceable undertaking;\n(c) an order directing the holder of the petroleum interest to do\nany specified act or thing to minimise any harm or other\nimpact resulting from the contravention of the enforceable\nundertaking;\n(d) an order that the holder of the petroleum interest pay an\namount to the CEO for any costs or expenses reasonably\nincurred by the CEO in taking action to minimise any harm or\nother impact resulting from the contravention of the\nenforceable undertaking, including any investigation, legal or\ncourt costs;\n(e) an order that the holder of the petroleum interest pay an\namount in compensation to any other person who has suffered\nloss or damage as a result of the contravention of the\nenforceable undertaking;\n(f) an order revoking the enforceable undertaking;\n(g) any other order the Court considers appropriate in the\ncircumstances.\n117ABP Power of CEO to take action\n(1) The CEO may do any act or thing specified in an enforcement order\nif the holder of the petroleum interest contravenes the order.\n(2) In doing a specified act or thing, the CEO may:\n(a) do anything that is necessary or expedient to be done for that\npurpose; and\n(b) publish notice that the holder of the petroleum interest has\ncontravened the enforcement order.\n(3) The CEO may recover the reasonable costs and expenses incurred\nin doing a specified act or thing under this section from the holder of\nthe petroleum interest in a court of competent jurisdiction as a debt\ndue and payable to the Territory.\n\nPetroleum Act 1984 148\n(4) The CEO may, in writing, authorise another person to exercise a\npower or perform a function under subsection (1) or (2) on the\nCEO's behalf.\n(5) If a person is authorised to exercise a power or perform a function\nunder subsection (4), anything done by the person in the exercise\nof the power or the performance of the function has the same effect\nas if it had been done by the CEO.\n117ABQ Variation or withdrawal of enforceable undertaking by interest\nholder\n(1) The holder of a petroleum interest may vary or withdraw an\nenforceable undertaking accepted by the CEO with the consent of\nthe CEO.\n(2) Despite subsection (1), the provisions of an enforceable\nundertaking cannot be varied to provide for a different\n(3) An enforceable undertaking is revoked on the withdrawal of the\nundertaking.\n(4) The CEO must publish on the Agency's website, or in any other\nway determined to be appropriate by the CEO, notice of the\ndecision to consent to the variation or withdrawal of an enforceable\nundertaking and of the reasons for that decision.\n117ABR No criminal proceedings while enforceable undertaking in\nforce\n(1) Subject to subsection (3), no proceedings for an alleged\ncontravention of this Act may be commenced or continued against\na person if an enforceable undertaking in relation to the\ncontravention:\n(a) is in effect; or\n(b) is completely discharged.\n(2) After accepting an enforceable undertaking from a person, the CEO\nmust take reasonable steps to have the prosecution against the\nperson discontinued as soon as possible.\n(3) Proceedings may be instituted or resumed against a person who\ngave an enforceable undertaking in respect of the alleged\ncontravention or offence if the undertaking is not complied with.\n\nPetroleum Act 1984 149\n117ABS No further proceedings if enforceable undertaking complied\nwith\nIf the CEO is satisfied that an enforceable undertaking in relation to\nan alleged contravention of this Act has been complied with, a\ncriminal proceeding for an offence that is constituted by the alleged\ncontravention may not be commenced.\n117ABT Application for civil orders\nThe CEO may apply to the Local Court for a civil order under this\nDivision if the CEO is satisfied that a person contravened a\nprovision of this Act that is:\n(a) an offence of strict liability; or\n(b) an offence under Part V, Division 2 (not being an offence of\nstrict liability) that is prescribed for this Division.\n117ABU Time for making application\nAn application under this Division may be commenced at any time\nwithin 3 years after the day of the alleged contravention.\n117ABV CEO to have regard to certain matters\nIn determining whether to make an application under this Division in\nrelation to a contravention of a provision of this Act, the CEO must\nhave regard to:\n(a) the seriousness of the contravention; and\n(b) the previous record of the offender in complying with this Act;\nand\n(c) any other relevant matter.\n117ABW Notice of proposed application to Local Court\n(1) The CEO must not apply for a civil order unless the CEO serves on\nthe person to whom the application relates a notice of the CEO's\nintention to make the application.\n(2) The notice must:\n\nPetroleum Act 1984 150\n(b) specify the maximum amount that the person may be ordered\nto pay as a civil penalty; and\n(c) include a statement advising the person that the person may\nelect to be prosecuted for the relevant contravention by written\nnotice given to the CEO within the time specified in the notice.\n(3) The time specified in the notice must not be less than 30 days.\n(4) The CEO must not apply for a civil order in relation to a\ncontravention if the person serves a written notice on the CEO,\nwithin the time specified in the notice under subsection (2), electing\nto be prosecuted for the contravention.\n117ABX Civil orders\n(1) On the application of the CEO, the Local Court may make the\nfollowing orders against a person if the Local Court is satisfied on\nthe balance of probabilities that the person contravened a provision\nof this Act that is an offence referred to in section 117ABT:\n(a) an order that the person pay to the Territory a pecuniary\namount as a civil penalty;\n(b) an order mentioned in section 117ABZ;\n(c) any other order that the Court considers appropriate.\n(2) The amount of a civil penalty ordered under this section to be paid\nin relation to a contravention of a provision that is an offence must\nnot exceed the amount specified by this Act as the maximum\npenalty for the offence.\n117ABY Local Court to have regard to certain matters\nIn determining the amount to be paid by a person as a civil penalty,\nthe Local Court must have regard to:\n(a) the nature and extent of the contravention; and\n(b) any environmental harm resulting from the contravention; and\n(c) any financial or economic saving or benefit the person stood\nto gain by committing the contravention; and\n(d) whether the person has previously been found, in a\nproceeding under this Act, to have engaged in any similar\nconduct; and\n(e) any other matter the Court considers relevant.\n\nPetroleum Act 1984 151\n117ABZ Civil orders under section 117ABX(1)(b)\nFor section 117ABX(1)(b), any of the following orders may be made\nagainst a person:\n(a) an order that the person must take specified measures within\na specified time:\n(i) to prevent the contravention occurring again; or\n(ii) to remediate any environmental harm resulting from the\ncontravention including by rehabilitating any aspect of\nthe environment; or\n(iii) to enhance the environment in an area for public benefit;\n(b) an order requiring the person to compensate the Territory for\nthe costs of the CEO or the Environment CEO in taking any\nremedial or preventive action that was made necessary as a\nresult of the act or omission that constituted the contravention;\n(c) an order directing the person to pay to the Territory an amount\nthat the Local Court estimates will not exceed the financial or\neconomic benefit that the person or a person associated with\nthe person has gained or can reasonably be expected to gain\nas a result of the contravention;\n(d) an order directing the person to pay an amount in\ncompensation to any person who has suffered loss or damage\nas a result of the contravention;\n(e) an order requiring the person to publicise the contravention\nand any impact of the contravention in a specified manner.\n117ABZA Power to take remedial measures\n(1) If a person fails to take any measures specified by an order\nmentioned in section 117ABZ(a), the CEO may take those\nmeasures.\n(2) The CEO may recover the reasonable costs of taking any\nmeasures under subsection (1) from the person in a court of\ncompetent jurisdiction as a debt due and payable to the Territory.\n(3) The CEO may, in writing, authorise another person to exercise a\npower or perform a function under subsection (1) or (2) on the\nCEO's behalf.\n\nPetroleum Act 1984 152\n(4) If a person is authorised to exercise a power or perform a function\nunder subsection (3), anything done by the person in the exercise\nof the power or the performance of the function has the same effect\nas if it had been done by the CEO.\n117ABZB Civil jurisdiction\n(1) The jurisdiction conferred by this Division is part of the civil\njurisdiction of the Local Court.\n(2) The jurisdictional limit for a civil proceeding specified under\nsection 12 of the Local Court Act 2015 does not apply to a\nproceeding under this Division.\n117ABZC Contravention of 2 or more provisions\nIf the conduct of a person constitutes a contravention of 2 or more\nprovisions of this Act that are offences referred to in\nsection 117ABT, an amount of civil penalty may be ordered to be\npaid by the person under this Division in relation to the\ncontravention of any one or more of the provisions but the person is\nnot liable to pay more than one amount as a civil penalty in relation\nto the same conduct.\n117ABZD Stay of proceeding\n(1) This section applies to a proceeding for:\n(a) a civil order in relation to a contravention of this Act; or\n(b) enforcement of a civil order mentioned in paragraph (a).\n(2) The proceeding is stayed if a criminal proceeding is commenced or\nhas already commenced against the person for an offence\nconstituted by conduct that is substantially the same as the conduct\nalleged to constitute the contravention.\n(3) The stayed proceeding may only be resumed if the criminal\nproceeding does not result in a finding of guilt being made against\nthe person.\n\nPetroleum Act 1984 153\n117ABZE Inadmissibility of evidence in criminal proceedings\n(1) Evidence of information given or evidence of the production of\ndocuments by a person is not admissible in a criminal proceeding\nagainst a person if:\n(a) the person gave the evidence or produced the documents in\nthe course of a proceeding under this Division for the recovery\nof an amount as a civil penalty in relation to a contravention of\n(b) the conduct alleged to constitute the offence is substantially\nthe same as the conduct alleged to constitute the\n(2) Subsection (1) does not prevent the use of information given or a\ndocument produced by a person to locate or identify further\nevidence that may be used in evidence against the person in a\nproceeding for an offence or the imposition of a penalty.\n(3) Subsection (1) does not apply to a criminal proceeding in relation to\nthe provision of misleading information or documents.\n117ABZF Orders as to costs\nIn a proceeding under this Division, the Local Court may make any\norder as to costs that it considers just and reasonable, including an\norder requiring the reimbursement of the costs and expenses\nincurred by the CEO or the Environment CEO in investigating the\nalleged offence.\n117ABZG Recovery of amounts ordered to be paid to Territory\nAny amount ordered by the Local Court under this Division to be\npaid to the Territory may be recovered by the Territory as a\njudgment debt.\n117ABZH Civil proceedings not to affect compliance directions\nA proceeding for a civil order against a person does not affect any\nexisting compliance direction issued to the person or the issue of a\ncompliance direction to the person during or after the end of the\nproceeding.\n\nPetroleum Act 1984 154\n117AD Object of Part\nThe main objects of this Part are:\n(a) to maintain the use of the Australian Geodetic Datum to\ndetermine the position of blocks and certain other areas; and\n(b) to enable the position of a point, line, block or other area to be\ndescribed in a petroleum interest or other instrument under\nthis Act, using another datum (but not so as to change the\nposition of a point, line, block or area).\n117AE Definitions\nAustralian Geodetic Datum means the Australian Geodetic Datum\nas defined in the Commonwealth Gazette No. 84 of\nchangeover time means the time when a declaration under\nsection 117AG takes effect.\ncurrent datum means the datum declared to be the current datum\nunder section 117AG.\ninstrument under this Act:\n(a) includes a lease referred to in section 119(1); and\n(b) does not include the Regulations.\nprevious datum means:\n(a) if a datum is the first datum declared to be the current datum\nunder section 117AG – the Australian Geodetic Datum; or\n(b) in any other case – the datum that was the current datum\nimmediately before the changeover time.\nthis Act includes the Regulations.\n117AF Australian Geodetic Datum\n(1) For the purposes of this Act, the position on the surface of the Earth\nof a graticular section or a block is to be determined by reference to\nthe Australian Geodetic Datum.\n\nPetroleum Act 1984 155\n(2) Subject to subsection (3), subsection (1) does not apply for the\npurposes of describing, in a petroleum interest or other instrument\nunder this Act, the position on the surface of the Earth of a point,\nline or area.\n(3) Until a declaration under section 117AG takes effect, the Australian\nGeodetic Datum applies for the purposes of describing, in a\npetroleum interest or other instrument under this Act, the position\non the surface of the Earth of a point, line or area.\n117AG Current datum and previous datum\nThe Regulations may declare that, for the purposes of describing\nthe position on the surface of the Earth of a point, line or area in a\npetroleum interest or other instrument under this Act, a specified\ndatum:\n(a) is the current datum; and\n(b) replaces the previous datum.\n117AH Use of current datum\nFor the purposes of this Act, the position on the surface of the Earth\nof:\n(a) an exploration permit area the subject of an exploration permit\ngranted or renewed after the changeover time;\n(b) the licence area the subject of a licence granted or renewed\nafter the changeover time;\n(c) an access authority area the subject of an access authority\ngranted or renewed after the changeover time; or\n(d) a point, line or area set out in any other instrument made,\ngranted or renewed under this Act after the changeover time,\nis to be described by reference to the current datum, and the\nexploration permit, licence, access authority or instrument may be\nannotated accordingly.\n117AI Use of previous datum\n(1) This section applies subject to section 117AJ.\n\nPetroleum Act 1984 156\n(2) For the purposes of this Act, the position on the surface of the Earth\nof:\n(a) an exploration permit area the subject of an exploration permit\nin force immediately before the changeover time;\n(b) a licence area the subject of a licence in force immediately\nbefore the changeover time;\n(c) an access authority area the subject of an access authority in\nforce immediately before the changeover time; or\n(d) a point, line or area set out in any other instrument in force\nunder this Act immediately before the changeover time,\nis to be described by reference to the previous datum.\n117AJ Variation of petroleum interests etc.\nThe Regulations may authorise the Minister to issue an instrument\nvarying:\n(a) an exploration permit in force immediately before the\nchangeover time for the sole purpose of relabelling the\nexploration permit area the subject of the exploration permit\nusing geographic co-ordinates based on the current datum;\n(b) a licence in force immediately before the changeover time for\nthe sole purpose of relabelling the licence area the subject of\nthe licence using geographic co-ordinates based on the\ncurrent datum;\n(c) an access authority in force immediately before the\nchangeover time for the sole purpose of relabelling the access\nauthority area the subject of the access authority using\ngeographic co-ordinates based on the current datum;\n(d) any other instrument under this Act that:\n(i) is in force immediately before the changeover time; and\n(ii) sets out a point, line or area,\nfor the sole purpose of relabelling the point, line or area using\ngeographic co-ordinates based on the current datum; or\n(e) any other instrument under this Act for the sole purpose of\ninserting an annotation about the applicable datum.\n\nPetroleum Act 1984 157\n117AK Variation of applications for petroleum interests\nThe Regulations may authorise the Minister to issue an instrument\nvarying an application for a petroleum interest under this Act for the\nsole purpose of relabelling a point, line or area by reference to\ngeographic co-ordinates based on the current datum.\n117AL No change to actual position of point, line or area\nThis Part does not authorise any change to the position on the\nsurface of the Earth of a point, line or area.\n117AM Transitional Regulations\nThe Regulations may make provision for matters of a transitional\nnature arising from the change from the previous datum to the\ncurrent datum.\n117AN Types of security\nThere are 2 kinds of security for the purposes of this Part:\n(a) environmental securities; and\n(b) petroleum infrastructure decommissioning securities.\n117AP Requirement for security\n(1) The Minister may determine the form of security required in a\nparticular case after taking into account any direction of the\nTreasurer about acceptable or appropriate securities under this\nPart.\nExamples for subsection (1)\nA form of security might be:\n(a) a cash bond posted to the Territory Government and held in trust; or\n(b) a bank guarantee; or\n(c) a surety bond or insurance bond.\n(2) The Minister may require that more than one security be provided in\na particular case.\n\nPetroleum Act 1984 158\n(3) Unless otherwise determined by the Minister, a security does not\nextend to an activity or work that does not require approval under\nan environment management plan, well operations management\nplan or petroleum surface infrastructure plan.\n117AQ General provisions\n(1) An environmental security is a form of security to secure costs and\nto contribute to the management of risks associated with the\nremediation and rehabilitation of environmental impacts resulting\nfrom activities to which an approved environment management plan\nrelates.\n(2) Without limiting subsection (1), an environmental security may\nprovide security for:\n(a) standardised costs to address specific costs, liabilities and\nrisks associated with environmental impacts and risk of\nenvironmental harm resulting from activities to which an\napproved environment management plan relates, including\ncosts for remediation and rehabilitation; and\n(b) standardised costs to manage residual risk of environmental\nharm, including monitoring, after remediation and rehabilitation\nhas been undertaken; and\n(c) a contingency amount to reduce the risk that the value of the\nsecurity is inadequate.\n(3) The actual amount or value to be included in or provided by a\nparticular security will be determined by applying an approach or\nmethodology determined by the Environment Minister and\npublished on the Agency's website.\n(4) The Environment Minister may vary or substitute an approach or\nmethodology from time to time.\n(5) A variation or substitution:\n(a) must be published on the Agency's website; and\n(b) may, if the Environment Minister so determines, apply in\nrelation to one or more securities for an existing petroleum\ninterest.\n\nPetroleum Act 1984 159\n(6) An approach or methodology under this section must reflect:\n(a) the requirement that the cost of remediation and rehabilitation\nreflect market conditions; and\n(b) the circumstances of the Northern Territory petroleum\nindustry.\n(7) The Environment Minister may adopt different approaches or\nmethodologies for different kinds of petroleum interests.\n117AR Assessment\n(1) The Environment Minister will determine the appropriate security or\nsecurities when the Environment Minister decides to approve an\nenvironment management plan.\n(2) An interest holder must not commence activities under an approved\nenvironment management plan without providing security in\naccordance with a determination of the Environment Minister under\n(3) The Environment Minister may allow an interest holder to provide\nan amount of security less than would otherwise apply if satisfied\nthat the level of activity or stage in the performance of work does\nnot require the full security.\n(4) The Environment Minister may act under subsection (3) on the\ncondition that the amount of the security will be increased at a later\ntime or times.\n117AS Review\n(1) An environmental security must be reviewed:\n(a) if the approved environment management plan is revised; or\n(b) if required by the Environment Minister.\n(2) An interest holder must review the environmental security in\naccordance with any requirements specified by the Environment\nMinister by written notice to the interest holder.\n(3) The Environment Minister may require that a security be varied or\nsubstituted, or that a new security be provided, after the completion\nof a review.\n\nDivision 3 Petroleum infrastructure decommissioning securities\nPetroleum Act 1984 160\n117AT Release and extension\n(1) The Environment Minister may release an interest holder from an\nenvironmental security when satisfied that:\n(a) all environmental obligations to which the security relates are\nsatisfied and that the interest holder satisfied all relevant\nregulatory requirements; or\n(b) it is appropriate to provide a release in the particular\ncircumstances.\n(2) The Environment Minister may require that an environmental\nsecurity extend beyond the period for which the approved\nenvironment management plan is in force to cover residual\nremediation or rehabilitation, provide for monitoring or address\nother relevant circumstances.\n117AU Claim on security\nThe Minister may, at the request of the Environment Minister, make\na claim on an environmental security in accordance with the terms\nand conditions of the security.\nDivision 3 Petroleum infrastructure decommissioning\nsecurities\n117AV General provisions\n(1) A petroleum infrastructure decommissioning security is a form of\nsecurity to secure costs and liabilities associated with:\n(a) well decommissioning to which an approved well operations\nmanagement plan relates; and\n(b) decommissioning petroleum surface infrastructure to which an\napproved petroleum surface infrastructure plan relates; and\n(c) decommissioning appraisal production infrastructure.\n(2) Without limiting subsection (1), a petroleum infrastructure\ndecommissioning security may provide security for:\n(a) standardised costs associated with well decommissioning; and\n(b) standardised costs associated with petroleum surface\ninfrastructure decommissioning; and\n(c) standardised costs associated with appraisal production\ninfrastructure decommissioning.\n\nDivision 3 Petroleum infrastructure decommissioning securities\nPetroleum Act 1984 161\n(3) The actual amount or value to be included in or provided by a\nparticular security will be determined by applying an approach or\nmethodology determined by the Minister and published on the\nAgency's website.\n(4) The Minister may vary or substitute an approach or methodology\nfrom time to time.\n(5) A variation or substitution:\n(a) must be published on the Agency's website; and\n(b) may, if the Minister so determines, apply in relation to one or\nmore securities for an existing petroleum interest.\n(6) An approach or methodology under this section must reflect:\n(a) the requirement that the cost of decommissioning reflect\nmarket conditions; and\n(b) the circumstances of the Northern Territory petroleum\nindustry.\n(7) The Minister may adopt different approaches or methodologies for\ndifferent kinds of petroleum interests.\n117AW Assessment\n(1) The Minister will determine the appropriate security or securities\nwhen the Minister decides to approve:\n(a) a well operations management plan or a petroleum surface\ninfrastructure plan; or\n(b) the recovery of petroleum on an appraisal basis.\n(2) An interest holder must not commence activities under an approved\nwell operations management plan or a petroleum surface\ninfrastructure plan, or to recover petroleum on an appraisal basis,\nwithout providing security in accordance with a determination of the\nMinister under subsection (1).\n(3) The Minister may allow an interest holder to provide a reduced\namount of security if satisfied that the interest holder's resources or\nreserves are large enough that a reduction is reasonable.\n\nPetroleum Act 1984 162\n117AX Review\n(1) A petroleum infrastructure decommissioning security must be\nreviewed:\n(a) if an approved plan relevant to the security is revised; or\n(b) if there is a material change in an estimate of petroleum\nreserves in a relevant field management plan or other plan or\nreport under this Act; or\n(c) if required by the Minister.\n(2) An interest holder must review the petroleum infrastructure\ndecommissioning security in accordance with any requirements\nspecified by the Minister by written notice to the interest holder.\n(3) The Minister may require that a security be varied or substituted, or\nthat a new security be provided, after the completion of a review.\n117AY Release and extension\nThe Minister may release an interest holder from a petroleum\ninfrastructure decommissioning security when satisfied:\n(a) that all obligations to which the security relates are satisfied\nand that the relevant decommissioning satisfied all relevant\nregulatory requirements; or\n(b) that it is appropriate to provide a release in the particular case.\n117AZ Claim on security\nThe Minister may make a claim on a petroleum infrastructure\ndecommissioning security in accordance with the terms and\nconditions of the security.\n117AZA Administration of securities\n(1) The Minister must hold all environmental securities and petroleum\ninfrastructure decommissioning securities.\n(2) An environmental security must be administered by the Minister\nacting on the advice of the Environment Minister.\n(3) A petroleum infrastructure decommissioning security must be\nadministered by the Minister.\n\nPetroleum Act 1984 163\n(4) The Minister must establish a fund for the purpose of holding\nmoney under a bond or other security that requires the payment of\ncash.\n117AZB Mandatory condition\nIt is a condition of a petroleum interest that the interest holder must:\n(a) provide the security or securities required under this Part; and\n(b) not commence an activity or work without providing security in\naccordance with this Part; and\n(c) review a security as required under this Part; and\n(d) comply with any requirement of the Minister or the\nEnvironment Minister to vary or substitute a security, or to\nprovide a new security, in accordance with this Part.\n117AZC Action if interest holder in default\n(1) The CEO may do any act or thing for which a security under this\nPart was obtained if the relevant interest holder fails to do that act\nor thing.\n(2) The CEO may, in writing, authorise another person to act on the\nCEO's behalf under subsection (1).\n(3) If the CEO acts under subsection (1) and the security is insufficient\nto cover the CEO's reasonable costs and expenses, the CEO may\nrecover from the interest holder the outstanding amount in a court\nof competent jurisdiction as a debt due and payable to the Territory.\n117AZD Information about securities\nThe CEO must publish on the Agency's website:\n(a) a list of all securities held under this Part with sufficient detail\nto allow members of the public to understand the securities\nheld in relation to each petroleum interest; and\n(b) the total value of securities held from time to time for all\npetroleum interests.\n\nPetroleum Act 1984 164\n117AZE Definition\nlevy means the monitoring and compliance levy under this Part.\n117AZF Monitoring and compliance levy\n(1) There is a monitoring and compliance levy.\n(2) The levy is imposed to provide funding for the following purposes:\n(a) monitoring activities to ensure that they are consistent with\napprovals, conditions attached to petroleum interests, plans\napproved under this Act, and other requirements under this\nAct;\n(b) compliance and enforcement activities undertaken by the\nCEO, the Environment CEO, public sector employees in an\nAgency involved in the administration of this Act, and\ninspectors;\n(c) recovering costs, or raising funds to cover future costs,\nconnected with obtaining information, undertaking studies,\nmaking assessments and monitoring activities, outcomes and\nimpacts associated with a petroleum interest or a proposed or\npotential petroleum interest, or in relation to an area that may\nbe affected by a petroleum interest or a proposed or potential\npetroleum interest;\n(d) other activities relating to the administration of this Act (insofar\nas those activities are not funded by fees and charges\ncollected under this Act).\n(3) The levy is an amount calculated and imposed in relation to\nactivities specified by regulation and approved to be carried on\nunder this Act during each financial year.\n(4) An additional levy may be imposed during a financial year if\nadditional activities are approved during the financial year.\n(5) The levy is imposed from the beginning of the 2023/2024 financial\nyear.\n(6) The levy is payable to the Territory.\n\nPetroleum Act 1984 165\n(7) Any unpaid levy may be recovered as a debt due and payable to\nthe Territory.\n117AZG Liability for monitoring and compliance levy\nA person is liable to pay a levy if the person is in a class of persons\nspecified by regulation to be liable to pay the levy.\n117AZH Amount and imposition of levy\n(1) The amount of levy to be paid by a person must be determined in\naccordance with the regulations.\n(2) The regulations may deal with matters relevant to the\ndetermination, payment and collection of a levy.\n(3) The regulations may provide for the amount of a levy, and the\nmethod of calculating a levy, to be different in relation to different\nclasses of actions, factors or circumstances.\n(4) The regulations may allow a particular matter under subsection (1),\n(2) or (3) about the scope or application of a particular component\nof the levy to be determined according to the discretion of the\n(5) A levy paid by a person is not refundable.\n(6) Interest accrues on unpaid levy in accordance with the regulations.\n117AZJ Returns\nA person liable to pay a levy must provide a return, in the approved\nform, to the Minister at the time of the payment of the levy.\n117AZK Definitions\nlevy means the orphan well levy under this Part.\norphan well, see section 117AZL.\n\nPetroleum Act 1984 166\n117AZL Meaning of orphan well\nAn orphan well is a well where:\n(a) the well is located on an area that has been subject to:\n(i) a petroleum interest granted under this Act; or\n(ii) a permit or lease granted under the repealed Act; or\n(iii) any other form of authority or title under a law applying in\nthe Territory with respect to petroleum exploration,\nrecovery or production; and\n(b) the authority or title under which the well was established has\nceased to exist; and\n(c) the Territory has assumed responsibility for the monitoring,\nmaintenance, management or rectification of the well.\n117AZM Orphan well levy\n(1) There is an orphan well levy.\n(2) The levy is imposed to provide funding for the following purposes:\n(a) monitoring and assessing the integrity of orphan wells;\n(b) obtaining expert reports relating to the integrity of an orphan\nwell;\n(c) performing, or engaging appropriately qualified persons to\nperform, maintenance work on orphan wells;\n(d) preparing remediation plans to rectify the loss of integrity of\norphan wells;\n(e) carrying out work to rectify the loss of integrity of an orphan\nwell;\n(f) undertaking well and infrastructure decommissioning;\n(g) undertaking other work and activities appropriate in\nconnection with the orphan wells.\n(3) The levy is payable in relation to each financial year.\n(4) The levy is imposed from the beginning of the 2023/2024 financial\nyear.\n(5) The levy is payable to the Minister.\n\nPetroleum Act 1984 167\n(6) Any unpaid levy may be recovered as a debt due and payable to\nthe Territory.\n117AZN Liability for orphan well levy\nEach interest holder is liable to pay the orphan well levy.\n117AZP Basis and calculation of levy\n(1) The levy for each financial year is calculated by reference to the\nnumber of blocks held by an interest holder at the beginning of the\nfinancial year.\n(2) The levy is imposed at the specified rate per block as at the\nbeginning of the financial year.\n(3) The specified rate is:\n(a) 84 revenue units; or\n(b) a prescribed number of revenue units.\n117AZQ Payment of levy\n(1) A levy must be paid by 31 July of the financial year to which the\nlevy relates.\n(2) A levy paid by a person is not refundable.\n(3) Interest accrues on unpaid levy in accordance with the regulations.\n117AZR Returns\nA person liable to pay a levy must provide a return, in the approved\nform, to the Minister at the time of the payment of the levy.\n117AZS Payment into Fund\nThe Minister must pay money received in payment of the orphan\nwell levy into the Orphan Well Fund.\n117AZT Establishment of Fund\n(1) The Orphan Well Fund must be established under the Financial\nManagement Act 1995.\n(2) The regulations may deal with matters relevant to the Fund.\n(3) The purpose of the Fund is to hold money in trust to be used by the\nMinister for purposes for which the orphan well levy is imposed.\n\nPetroleum Act 1984 168\n117AZU Publication of information\nThe Minister must publish on the Agency's website, within 3 months\nafter the end of each financial year, the following information:\n(a) the amount of orphan well levy collected for that financial year;\n(b) the opening and closing balances of the Orphan Well Fund for\nthat financial year;\n(c) an outline of the work and activities funded from the Orphan\nWell Fund during that financial year.\n117AZV Codes of practice\n(1) The Minister may establish a code of practice for the purposes of\nthis Act and may vary or revoke a code of practice.\n(2) The Minister and the Environment Minister must consult with each\nother before establishing, varying or revoking a code of practice\nunder subsection (1).\n(3) A code of practice may apply, adopt or incorporate any matter\ncontained in a document formulated, issued or published by a\nperson or body whether:\n(a) with or without modification; and\n(b) as in force at a particular time or from time to time.\n(4) A code of practice, or a variation or revocation of a code of practice,\ntakes effect by Gazette notice.\n(5) The Minister must ensure that notice of a code of practice, or of a\nvariation or revocation of a code of practice, is published in the\nGazette and on the Agency's website.\n(6) The CEO must ensure that a copy of each of the following is\navailable for inspection by members of the public without charge at\nthe principal office of the Agency during normal business hours:\n(a) any code of practice currently in effect;\n(b) any document applied, adopted or incorporated (to any extent)\nin a code of practice.\n\nPetroleum Act 1984 169\n117AZW Use of codes of practice in proceedings\n(1) This section applies in a proceeding for an offence against this Act.\n(2) A code of practice is admissible in the proceeding as evidence of\nwhether or not a requirement under this Act was complied with.\n(3) Without limiting subsection (2), a court may have regard to the code\nof practice as evidence of what is known about:\n(a) maintaining well or infrastructure integrity; or\n(b) managing environmental impacts and risks; or\n(c) ensuring the security of supply.\n(4) Nothing in this section:\n(a) prevents a person from introducing evidence of compliance\nwith this Act in a manner that is different from a code of\npractice but provides an outcome that satisfies the relevant\nrequirement; or\n(b) limits the operation of a code of practice to the extent to which\ncompliance with the code may be mandatory under another\nprovision of this Act.\n117AMA Licence etc. not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), each of the following is not personal property for that Act:\n(a) an access authority;\n(b) an exploration permit;\n(c) a retention licence;\n(d) a production licence;\n(e) an interest in an authority, permit or licence mentioned in\nparagraph (a), (b), (c) or (d).\nNote for section 117AMA\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the\nPersonal Property Securities Act 2009 (Cth).\n\nPetroleum Act 1984 170\n","sortOrder":162},{"sectionNumber":"117A","sectionType":"section","heading":"Compensation: time limit on claims","content":"117A Compensation: time limit on claims\nA claim for compensation payable under this Act that is not made\nwithin 3 years after the doing of the activity giving rise to the claim\nis, by virtue of this section, statute barred.\n","sortOrder":163},{"sectionNumber":"117B","sectionType":"section","heading":"Service of documents","content":"117B Service of documents\nA document required by or under this Act to be served on a person\nmay, unless the contrary intention appears, be served:\n(a) on that person personally;\n(b) by post to the person's usual or last-known place of abode or\nbusiness; or\n(c) by leaving it with a person apparently of or above the age of\n16 years at the first-mentioned person's usual or last known\nplace of abode or business.\n","sortOrder":164},{"sectionNumber":"117C","sectionType":"section","heading":"Guidelines","content":"117C Guidelines\n(1) The Minister may issue guidelines for this Act.\n(2) Any guidelines must be published on the Agency's website.\n","sortOrder":165},{"sectionNumber":"117D","sectionType":"section","heading":"Costs, undertakings and security for costs","content":"117D Costs, undertakings and security for costs\n(1) Subject to subsection (3), this section applies in relation to any\nproceedings under this Act in which a court or the Tribunal has the\nability:\n(a) to order a party to the proceedings to provide security for the\npayment of costs that may be awarded against the party if the\nparty's case is unsuccessful; or\n(b) to order a party to the proceedings to give an undertaking as\nto the payment of any amount that may be awarded as\ndamages or compensation; or\n(c) to make an order as to costs.\n(2) Without limiting any other discretion, a court or the Tribunal may, in\nany proceedings where the it considers a party to be acting in the\npublic interest, determine not to do one or more of the following:\n(a) require security for the payment costs;\n(b) require an undertaking as to the payment of any amount that\nmay be awarded as damages or compensation;\n\nPetroleum Act 1984 171\n(c) require the payment of costs.\n(3) This section does not apply in relation to criminal proceedings.\n","sortOrder":166},{"sectionNumber":"117E","sectionType":"section","heading":"Publication of decisions and provision of reasons","content":"117E Publication of decisions and provision of reasons\n(1) A failure by the Minister or other person exercising a power or\nperforming a function under this Act to publish a decision, or to give\nreasons for a decision, in accordance with a requirement under this\nAct does not affect the validity of the decision.\n(2) The Minister or other person exercising a power or performing a\nfunction under this Act may publish a decision, or give reasons for a\ndecision, even if the time specified for doing so under this Act has\nexpired.\n","sortOrder":167},{"sectionNumber":"117F","sectionType":"section","heading":"Evidentiary","content":"117F Evidentiary\n(1) In a proceeding for an offence against this Act, a statement of fact\nmay be made in a complaint or information as evidence in respect\nof the following physical elements of the offence:\n(a) that a specified person was or was not, at a specified time, the\nholder of a petroleum interest;\n(b) that a petroleum interest was or was not, at a specified time,\nsubject to a condition or limitation and the nature of the\ncondition or limitation;\n(c) that a specified notice, order, direction or requirement had\nbeen given, made, issued or imposed under this Act;\n(d) that a person was or was not authorised to exercise a power\nor perform a function under this Act;\n(e) that a specified code of practice was an approved code of\npractice at a specified time.\n(2) In a proceeding for an offence against this Act, a statement of fact\nmay be made in a complaint or information as evidence that, at a\nspecified time, a specified person was an inspector.\n","sortOrder":168},{"sectionNumber":"117G","sectionType":"section","heading":"Certificates of evidence","content":"117G Certificates of evidence\n(1) A certificate purporting to be signed by the CEO or an inspector\nspecifying a matter referred to in section 117F(1) is evidence of the\nmatter specified in the certificate.\n\nPetroleum Act 1984 172\n(2) A certificate purporting to be signed by the CEO specifying that a\nspecified person was at a specified time an inspector is evidence of\nthe matter specified in the certificate.\n(3) A certificate that purports to be signed by an authorised analyst and\nstates the analysis of a substance received from an inspector or the\nCEO is evidence of the matters specified in the certificate.\n(4) In any proceedings for the recovery of costs or expenses incurred\nby the Minister or the CEO under this Act, a certificate signed by the\nMinister or the CEO detailing the costs or expenses and the\npurpose for which they were incurred is evidence of the matters so\ncertified.\n","sortOrder":169},{"sectionNumber":"117H","sectionType":"section","heading":"Contravention of certain provisions not offence","content":"117H Contravention of certain provisions not offence\nSection 69A of the Summary Offences Act 1923 does not apply to a\nprovision of this Act to which, apart from this section, it would\notherwise apply.\n","sortOrder":170},{"sectionNumber":"117J","sectionType":"section","heading":"Approved forms","content":"117J Approved forms\n(1) The Minister may approve forms for this Act.\n(2) The Minister must publish an approved form on the Agency's\nwebsite.\n","sortOrder":171},{"sectionNumber":"117K","sectionType":"section","heading":"Electronic processes","content":"117K Electronic processes\n(1) The regulations may make provision for or in relation to:\n(a) the lodging of applications, instruments, notices and other\ndocuments electronically; and\n(b) the use of electronic instruments and other documents for any\npurpose under this Act; and\n(c) the provision of approvals, instruments, notices and other\ndocuments electronically; and\n(d) allowing the originals or copies of applications, approvals,\ninstruments, notices and other documents to be provided or\nreturned electronically; and\n(e) requirements for taking any step under this Act electronically,\nincluding requirements about the verification of identity or\nauthority, the authentication of information, documents and\nother matters, the signing or execution of documents and\ninstruments, and the endorsement of documents or approvals;\nand\n\nPetroleum Act 1984 173\n(f) requirements for the retention of documents supporting or\nauthenticating electronic documents, including periods of\nretention; and\n(g) other matters associated with allowing any step, process or\nrequirement under this Act to be undertaken electronically.\n(2) To the extent that the regulations provide for a step under this Act\nto be taken electronically, taking the step electronically in\naccordance with the regulations will be taken to be acting under\nand in compliance with the relevant provision of this Act.\n","sortOrder":172},{"sectionNumber":"117L","sectionType":"section","heading":"Acquisition of advice","content":"117L Acquisition of advice\n(1) The Minister or the CEO may engage a person to give advice in\nrelation to:\n(a) any application made, or assessment to be undertaken, under\n(b) any plan, proposal, material, information or documents given\nto the Minister or the CEO:\n(i) by an interest holder, or by a person who has applied to\nbecome an interest holder; or\n(ii) by any other person under, or for the purposes of, this\nAct.\n(2) The Minister or the CEO must consult with an applicant or other\nperson before acting under subsection (1) if the Minister or CEO\nproposes that the applicant or other person is to be required to pay\nthe costs of an engagement under that subsection.\n","sortOrder":173},{"sectionNumber":"117M","sectionType":"section","heading":"Cost recovery","content":"117M Cost recovery\n(1) The CEO may recover:\n(a) from an applicant or other person mentioned in\nsection 117L(2) the cost of the engagement by the Minister or\nthe CEO of a person under that section to give the advice\nenvisaged by that section; or\n(b) from an interest holder, or from a person who has applied to\nbecome an interest holder, any costs reasonably incurred by\nthe Minister or the CEO in connection with taking any step or\nperforming any function that directly relates to that interest\nholder or potential interest holder.\n\nPetroleum Act 1984 174\n(2) An amount is not recoverable under subsection (1)(b) to the extent\nthat it appears to the CEO that the cost of taking a step or\nperforming a function was covered by a prescribed fee or charge\nprescribed by the regulations in relation to the same matter.\n(3) The CEO may recover the costs as a debt due and payable to the\n","sortOrder":174},{"sectionNumber":"117N","sectionType":"section","heading":"Protection from liability","content":"117N Protection from liability\n(1) A person is not civilly liable for an act done or omitted to be done by\nthe person in good faith in the exercise of a power or the\nperformance of a function as any of the following:\n(a) an inspector;\n(b) a person assisting an inspector under Part III.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n","sortOrder":175},{"sectionNumber":"117P","sectionType":"section","heading":"Authorised analysts","content":"117P Authorised analysts\nThe CEO may, by Gazette notice, appoint an appropriately qualified\nperson to be an authorised analyst for the purposes of this Act.\n","sortOrder":176},{"sectionNumber":"117Q","sectionType":"section","heading":"Parallel powers and functions","content":"117Q Parallel powers and functions\n(1) The Environment Minister may exercise the powers and perform\nthe functions conferred under the following provisions if the\nEnvironment Minister considers that to do so is appropriate for\npromoting one or more of the objects and outcomes set out in\nsection 3(1)(b) and (c) and (2)(f):\n(a) section 71;\n(b) section 77\n(c) section 117AA;\n(d) section 117ABE;\n(e) section 117ABG;\n\nPetroleum Act 1984 175\n(f) section 117AP;\n(g) section 117AZV;\n(h) section 117C;\n(i) section 117G;\n(j) section 117J;\n(k) section 117L;\n(l) section 117R;\n(m) any other provision or regulation specified in an Administrative\nArrangements Order.\n(2) The Environment CEO may exercise the powers and perform the\nfunctions conferred under the following provisions if the\nEnvironment CEO considers that to do so is appropriate for\npromoting one or more of the objects and outcomes set out in\nsection 3(1)(b) and (c) and (2)(f):\n(a) section 72;\n(b) section 87;\n(c) section 88;\n(d) section 89B(4);\n(e) section 89D;\n(f) section 89L(4);\n(g) section 89N;\n(h) section 89R;\n(i) section 89W;\n(j) section 89ZA;\n(k) section 116(2);\n(l) section 117AAE;\n(m) section 117AA;\n(n) section 117ABE;\n\nPetroleum Act 1984 176\n(o) section 117ABG;\n(p) section 117ABM;\n(q) section 117ABN;\n(r) section 117ABP;\n(s) section 117ABQ;\n(t) section 117ABR;\n(u) section 117ABS\n(v) section 117ABT;\n(w) section 117ABV;\n(x) section 117ABW;\n(y) section 117ABX;\n(z) section 117ABZA;\n(za) section 117AZC;\n(zb) section 117G;\n(zc) section 117L;\n(zd) section 117M;\n(ze) section 117P;\n(zf) section 117S;\n(zg) any other provision or regulation specified by regulation.\n(3) Nothing in subsection (1) or (2) limits the power or functions of the\nMinister responsible for the administration of this Act or the CEO\nfrom acting under a provision referred to in either of those\nsubsections and the fact that the Minister or the CEO has acted\ndoes not prevent the Environment Minister or the Environment CEO\nfrom also acting.\n\nPetroleum Act 1984 177\n(4) A person with powers or functions under provisions specified in\nsubsection (1) or (2) must take reasonable steps to consult with the\nother person with the same powers or functions before exercising\nthe power or performing the function if it appears that:\n(a) both persons intend to exercise a power or perform a function\nunder the same provision in relation to the same matter; or\n(b) one person intends to exercise a power or perform a function\nunder the same provision in relation to the same matter for\nwhich the other person has already exercised the power or\nperformed the function.\n(5) In the event of a conflict between an exercise of power by the\nMinister and the Environment Minister, the CEO and the\nEnvironment CEO, or an inspector and an environment inspector,\nthe exercise of the power by the Environment Minister, the\nEnvironment CEO or an environment inspector prevails to the\nextent of the conflict.\n(6) For the purposes of subsection (5), a conflict only exists if a person\ncannot comply with the power exercised or the function performed\nby both persons.\n(7) In this section:\nenvironment inspector means an inspector appointed by the\nEnvironment CEO under section 87.\n","sortOrder":177},{"sectionNumber":"117R","sectionType":"section","heading":"Delegation by Minister","content":"117R Delegation by Minister\nThe Minister may delegate any of the Minister's powers and\nfunctions under this Act to a person.\n","sortOrder":178},{"sectionNumber":"117S","sectionType":"section","heading":"Delegation by CEO","content":"117S Delegation by CEO\nThe CEO may delegate any of the CEO's powers and functions\nunder this Act to a person.\n","sortOrder":179},{"sectionNumber":"117T","sectionType":"section","heading":"Application to Tribunal in relation to infrastructure facilities","content":"117T Application to Tribunal in relation to infrastructure facilities\n(1) A person permitted by section 24MD(6B)(d) of the Native Title Act\nto object to an act in section 24MD(6B)(b) of the Native Title Act\nmay apply to the Tribunal for a hearing and recommendation in\nrelation to the objection.\n(2) For section 24MD(6B)(f) of the Native Title Act:\n(a) the Tribunal is an independent body that may hear the\napplication; and\n\nPetroleum Act 1984 178\n(b) the application is taken to be the request for a hearing by an\nindependent body.\n","sortOrder":180},{"sectionNumber":"118","sectionType":"section","heading":"Regulations","content":"118 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting the generality of subsection (1), the Administrator\nmay in the Regulations prescribe for or in relation to:\n(a) the exploration for petroleum and the carrying on of operations\nfor that purpose; and\n(b) the production of petroleum, including the rate of production\nfrom a licence area, and the carrying on of operations and\nexecution of works for that purpose; and\n(c) the conservation and prevention of waste of natural resources\nwhether petroleum or otherwise; and\n(d) the construction, erection, maintenance, operation or use of\ninstallations or equipment within an exploration permit or\nlicence area by the permittee or licensee; and\n(e) the control of the flow or discharge, and the prevention of\nescape of, petroleum, water or drilling fluid, or a mixture of\nthem or any other matter; and\n(f) the cleaning up or other remedying of the effects of the\nescape of petroleum; and\n(g) the prevention of damage to petroleum bearing strata in an\narea in relation to which an exploration permit or licence is not\nin force; and\n(h) the separation of:\n(i) each source of petroleum discovered in an exploration\npermit or licence area; and\n(ii) each source of water discovered in an exploration permit\nor licence area; and\n\nPetroleum Act 1984 179\n(j) the prevention of water and other matter from entering a\npetroleum pool through wells; and\n(k) the maintenance in good condition and repair of all structures,\nequipment and other property used or intended to be used for\nor in connection with the exploration for, or the production of,\npetroleum in an exploration permit or licence area; and\n(m) the removal from an exploration permit or licence area of\nstructures, equipment or other property brought into an\nexploration permit or licence area; and\n(p) the protection of the environment and people who have lawful\naccess to the exploration permit or licence area; and\n(pa) land access agreements; and\n(pb) access to land to comply with a direction or notice given by the\nMinister, the Environment Minister, the CEO, the Environment\nCEO or an inspector under this Act; and\n(pc) environmental securities and petroleum infrastructure\ndecommissioning securities; and\n(pd) the giving of notice before a prescribed class of activity or\nwork is commenced; and\n(pe) the keeping and inspection of records in connection with any\nactivity or work undertaken under an approved plan or an\napproved environment management plan; and\n(pf) the reporting of incidents arising from operations or activities\ncarried out under a permit or licence; and\n(q) fees or charges that may be payable or imposed by or under\n(r) the form and manner of making applications under this Act;\nand\n(s) the creation of offences including offences of strict or absolute\nliability; and\n(t) maximum penalties for an offence against a regulation, other\nthan an offence of strict liability or absolute liability, of\n2 000 penalty units; and\n(u) maximum penalties for an offence against a regulation that is\nan offence of strict liability or absolute liability of 200 penalty\nunits; and\n\nPetroleum Act 1984 180\n(v) the imposition of interest to be payable, and the rate and\nmethod of calculating interest, on amounts due and payable\nunder this Act, but unpaid, to the Territory; and\n(w) the recovery of interest and the ability of the Minister to waive,\nin whole or in part, interest that is otherwise payable in a\nparticular case; and\n(x) circumstances where the Minister may, on conditions specified\nby the Minister:\n(i) determine that particular operations do not need to be\ncovered by an approved plan; or\n(ii) exempt an interest holder from the requirement to\ncomply with an approved plan in a particular respect; or\n(iii) agree to the modification of a requirement under an\napproved plan.\n(3) In regulations prescribing matters for the protection of the\nenvironment, as mentioned in subsection (2)(p), the Administrator\nmay provide for:\n(a) functions to be performed, and powers to be exercised, by the\nMinister; and\n(b) the way in which the Minister may perform a function or\nexercise a power, including the way in which the Minister may\nexercise a discretion.\n(4) In addition to the matters mentioned in subsection (3), regulations\nfor protection of the environment may provide for a scheme under\nwhich persons proposing to undertake certain activities under this\nAct must obtain prior Ministerial approval of an environment\nmanagement plan.\n(5) A scheme mentioned in subsection (4) may include the prescribing\nof decisions made under the regulations and who may apply for\njudicial review or merits review of those decisions.\n(6) A scheme mentioned in subsection (4) may also require that a plan\nsubmitted for approval be accompanied by other documents as the\nAdministrator considers appropriate.\n\nPetroleum Act 1984 181\n(6A) In regulations for or in relation to land access agreements under\nsubsection (2)(pa), the Administrator may provide for any of the\nfollowing:\n(a) the circumstances in which a land access agreement between\nparties is required;\n(b) the parties who are required to enter into a land access\nagreement;\n(c) the process to be undertaken by the parties to enter into a\nland access agreement;\n(d) the minimum requirements of a land access agreement;\n(e) the process to be undertaken if a land access agreement\ncannot be entered into between the parties;\n(f) the requirement to maintain a register of land access\nagreements and the manner in which a land access\nagreement is registered;\n(g) the liability of the parties to the costs associated with land\naccess agreements;\n(h) the requirement to maintain a register of persons with dispute\nresolution qualifications and the circumstances in which a\nperson in the register would be required to assist the parties;\n(i) the requirement for a party to a land access agreement to\nprovide a guarantee in favour of a third party;\n(j) the consequences of a breach of a land access agreement\nand a scheme for the enforcement of a land access\nagreement, including by providing that a breach of a land\naccess agreement is an offence against the regulations;\n(k) the conferral of jurisdiction on the Tribunal to do the following:\n(i) arbitrate between the parties required to enter into a land\naccess agreement;\n(ii) deal with a dispute between the parties required to enter\ninto a land access agreement or deal with a dispute\nbetween the parties to a land access agreement;\n(iii) determine the contents of a land access agreement for\nthe parties;\n(iv) determine that a land access agreement be terminated;\n\nPetroleum Act 1984 182\n(l) despite sections 131 and 132 of the Northern Territory Civil\nand Administrative Tribunal Act 2014 – the Tribunal making\ncosts orders in relation to an arbitration, decision or\ndetermination arising from the conferral of jurisdiction from this\nsubsection;\n(m) the functions to be performed, and powers to be exercised, by\nthe Minister;\n(n) the way in which the Minister may perform a function or\nexercise a power, including the way in which the Minister may\nexercise a discretion;\n(o) Ministerial approval of a land access agreement;\n(p) the decisions made under the regulations that are subject to\njudicial review or merits review and who may apply for judicial\nreview or merits review of those decisions.\nNote for subsection (6A)(k)\nSection 82B provides that section 140 of the Northern Territory Civil and\nAdministrative Tribunal Act 2014 does not apply to a decision made by the\nTribunal as a result of jurisdiction conferred under subsection (6A)(k).\n(7) In regulations for or in relation to access to land under\nsubsection (2)(pb), the Administrator may provide for any of the\nfollowing:\n(a) the persons who may gain access;\n(b) the requirement to give notice to an owner or occupier of land,\nand to any other specified person, before access occurs;\n(c) the action that may be taken after entering land;\n(d) the extent to which equipment, machinery and materials may\nbe brought on to land;\n(e) the right to leave monitoring and other equipment on land;\n(f) any requirement or duty in connection with being on land;\n(g) an entitlement to compensation for loss or damage incurred by\nan owner or occupier of land;\n(h) the provision of information and reports in connection with\nentry on to land or undertaking work or activities in relation to\nthe land.\n\nPetroleum Act 1984 183\n(8) A regulation may, in relation to fees or charges mentioned in\nsubsection (2)(q):\n(a) prescribe differential fees or charges; or\n(b) provide for fees or charges to be determined according to\nprescribed factors or circumstances or by applying any\nprescribed methodology.\n(9) The regulations may apply or adopt the following as in force at a\nparticular time or as in force from time to time:\n(a) an approved code of practice;\n(b) a national standard, guideline, code of practice or other similar\ninstrument;\n(c) a standard published by Standards Australia.\n","sortOrder":181},{"sectionNumber":"119","sectionType":"section","heading":"Application, savings and transitional","content":"119 Application, savings and transitional\n(1) Subject to this section, this Act does not apply to or in relation to:\n(a) a permit or lease, granted under the repealed Act before the\ncommencement of this Act;\n(b) a renewal of a permit or lease referred to in paragraph (a); or\n(c) the application for, or grant or renewal of, a lease in relation to\nan area which was previously the whole or part of the area the\nsubject of a permit referred to in paragraph (a).\n(1A) Part VB applies to and in relation to a lease referred to in\n(2) For the purposes of subsection (1), the repealed Act shall continue\nin force as though this Act had not come into force except that a\nlease granted or renewed under the repealed Act remains in force\nfor the same period as a production licence and is subject to the\nprovisions of this Act relating to the release of information and the\ngiving of directions by the Minister.\n(2AA) A lessee of a lease referred to in subsection (1) may apply for the\nrenewal of the lease under the repealed Act, as continued in force\nby subsection (2), at a time earlier than that specified in the\nrepealed Act, and, subject to Part IIA if applicable, the Minister may\ngrant the renewal, where the Minister is satisfied that there are\ncommercial reasons that justify the application being made at a\ntime earlier than that specified in the repealed Act.\n\nPetroleum Act 1984 184\n(2A) The Minister shall not under the repealed Act, as continued in force\nby subsection (2), grant a lease of land comprising the whole or a\npart of a park or reserve except in accordance with the conditions, if\nany, specified by the minister administering the Territory Parks and\nWildlife Conservation Act 1976.\n(2B) The holder of a permit continued in force by subsection (2) shall not\ncarry out work referred to in a statement under section 25 of the\nrepealed Act, or other exploration, which may cause significant\ndisturbance to the surface of land comprising the whole or a part of\na park or reserve unless he has advised the Minister, in writing, of\nthe proposed activity and he carries it out in accordance with such\ndirections, if any, as the Minister thinks fit, or which are required\nunder subsection (2C) to be given, to protect the environment of or\nin the vicinity of the park or reserve.\n(2C) The minister administering the Territory Parks and Wildlife\nConservation Act 1976 may require the Minister to give as\ndirections under subsection (2B) such directions in relation to the\nprotection of the environment of the park or reserve referred to in\nthat subsection as the minister thinks fit, and the Minister shall give\nthose directions accordingly.\n(2D) Subject to subsection (2E), a lease in respect of which a condition\nreferred to in subsection (2A) is specified is, in addition to the\nconditions prescribed for the purposes of section 46(2)(b) of the\nrepealed Act, subject to that condition so specified.\n(2E) Where a condition prescribed for the purposes of section 46(2)(b) of\nthe repealed Act is inconsistent with a condition specified under\nsubsection (2A), the first-mentioned condition, to the extent of that\ninconsistency, has no force or effect.\n(2F) The Minister has power to give a direction referred to in\nsubsection (2B).\n(3) A permittee or lessee, within the meaning of the repealed Act, may,\nby notice in writing to the Minister, apply to surrender his permit or\nlease under the repealed Act in consideration of a grant, subject to\nsubsection (4), of a permit or licence under this Act.\n(4) In an application under subsection (3), the permittee or lessee,\nwithin the meaning of the repealed Act, shall specify:\n(a) the nature;\n(b) the term, including whether it shall be deemed to be an initial\ngrant or a renewal and the date of expiration; and\n(c) the conditions,\n\nPetroleum Act 1984 185\nof the permit or licence he proposes shall be granted to him.\n(5) Before the expiration of 3 months after the date of receipt of an\napplication under subsection (3), the Minister must give notice to\nthe applicant of:\n(a) the conditions subject to which he or she is prepared to grant\nthe application; and\nnotice, after which the application lapses unless the Minister\nhas received from the applicant an acceptance of the\nconditions specified in the notice.\n(6) If the Minister receives from the applicant within the time specified\nin subsection (5)(b) a written acceptance of the conditions, the\nMinister must grant the permit or licence to the applicant subject to\nthose conditions and cause the Registrar to register it.\n(7) Upon the registration of a permit or licence granted under\nsubsection (6), the permit or lease, within the meaning of the\nrepealed Act, expires.\n(8) Subject to subsection (9), an application for a permit that had been\nmade under the repealed Act and had not been processed before\nthe commencement of this Act may, at the election of the applicant\nmade within 2 months after the commencement of this Act, be\nprocessed as an application for a permit under this Act as though it\nwere an application made under this Act on the commencement of\nthis Act, but shall otherwise lapse.\n(9) Where an application referred to in subsection (8) does not comply\nwith the requirements of section 16(1), the Minister may:\n(a) exercise his powers under section 16(2); and\n(b) as he thinks fit, amend the application so that it complies with\nthe requirements of section 16(1).\n(10) The person who, immediately before the commencement of this\nAct, held the office of Petroleum Registrar within the meaning of the\nrepealed Act shall, on that commencement, be the Registrar for the\npurposes of this Act as if he were appointed under section 90(1) by\nthe Minister on the commencement.\n(11) The Register of Permits and Register of Leases, within the meaning\nof the repealed Act shall, on the commencement of this Act form\npart of the Register for the purposes of this Act.\n\n","sortOrder":182},{"sectionNumber":"Div 1","sectionType":"division","heading":"Petroleum Amendment and Related Matters Act 2010","content":"Division 1 Petroleum Amendment and Related Matters Act 2010\nPetroleum Act 1984 186\n(12) Each record kept, registration or record made, certificate or\ninstrument issued, permit, permission, authority, notice or\ninformation given, served or lodged or return made, for any\npurpose, under the repealed Act and in force or effect immediately\nbefore the commencement of this Act, shall continue in force and\nhave effect as if kept, made, issued or given under this Act.\n(13) An interest, whether legal or equitable, created before the\ncommencement of this Act in relation to a permit or lease granted\nor issued under the repealed Act and in force immediately before\nthe commencement of this Act, shall continue to have the same\nforce and effect after the commencement of this Act as it had\nbefore the commencement.\n(14) The regulations may:\n(a) extend the application of any provision of this Act prescribed\nby regulation to and in relation to a lease referred to in\nsubsection (1); and\n(b) extend the application of any regulations under this Act to and\nin relation to a lease referred to in subsection (1).\n(15) A regulation under subsection (14) has effect according to its terms\nand despite any inconsistency between the regulation and another\nprovision of this section.\nDivision 1 Petroleum Amendment and Related Matters\nAct 2010\n","sortOrder":183},{"sectionNumber":"120","sectionType":"section","heading":"Definitions","content":"120 Definitions\namendment Act means the Petroleum Amendment and Related\nMatters Act 2010.\ncommencement day means the day on which this section\ncommences.\nrepealed, in relation to a provision mentioned in this Part, means\nthe provision of this Act as in force immediately before the\ncommencement day.\n\nPetroleum Act 1984 187\n","sortOrder":184},{"sectionNumber":"121","sectionType":"section","heading":"Determination of competing applications","content":"121 Determination of competing applications\nIf, on the commencement day, the Minister has not completed the\ndetermination of competing applications for the grant of an\nexploration permit under repealed section 21, 21A or 21B:\n(a) those repealed provisions continue to apply in relation to the\ndetermination; and\n(b) repealed section 21D of the Act applies in relation to the\ndetermination; and\n(c) Part II, Division 6 of this Act, as in force immediately before\nthe commencement day, applies to any review of the\ndetermination.\n","sortOrder":185},{"sectionNumber":"122","sectionType":"section","heading":"Minister's powers and functions","content":"122 Minister's powers and functions\nIf, on the commencement day, the Minister is exercising a power or\nperforming a function of the Authority under the Workplace Health\nand Safety Act 2007 as provided by repealed section 89A(2)(a):\n(a) the Minister may continue to exercise or perform the power or\nfunction as if the amendment Act had not commenced; or\n(b) the Authority may, as agreed with the Minister, continue to\nexercise or perform the power or function.\n","sortOrder":186},{"sectionNumber":"123","sectionType":"section","heading":"Inspector's powers and functions","content":"123 Inspector's powers and functions\n(1) This section applies if, on the commencement day, an inspector is\nexercising a power or performing a function of a workplace safety\nofficer under the Workplace Health and Safety Act 2007 as\nprovided by repealed section 89A(2)(b).\n(2) The inspector may continue to exercise or perform the power or\nfunction, or a workplace safety officer may do so, in accordance\nwith an agreement between the Minister and the Authority.\n","sortOrder":187},{"sectionNumber":"124","sectionType":"section","heading":"Existing applications for grant of exploration permit","content":"124 Existing applications for grant of exploration permit\n(1) If on the commencement day the Minister has not completed the\nconsideration and determination of an existing application, Part II,\nDivision 2, as in force immediately before the commencement day,\ncontinues to apply in relation to the application as if the Petroleum\nAmendment Act 2013 had not commenced.\n\nDivision 3 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014\nPetroleum Act 1984 188\ncommencement day means the day on which this section\ncommences.\nexisting application means an application for the grant of an\nexploration permit made before the commencement day.\nDivision 3 Northern Territory Civil and Administrative\nTribunal (Conferral of Jurisdiction Amendments)\n(No. 2) Act 2014\n","sortOrder":188},{"sectionNumber":"125","sectionType":"section","heading":"Application or referral before former Tribunal","content":"125 Application or referral before former Tribunal\n(1) This section applies if, before the commencement:\n(a) one of the following circumstances applied:\n(i) a person had made an application to the former Tribunal;\n(ii) the Minister had referred a matter to the former Tribunal;\nand\n(b) the former Tribunal had not decided the application or matter.\n(2) The former Tribunal must continue to deal with the application or\nmatter in accordance with the former legislation.\ncommencement means the commencement of Part 17 of the\nNorthern Territory Civil and Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014.\nformer legislation means the following as in force immediately\nbefore the commencement:\n(a) this Act;\n(b) the Lands, Planning and Mining Tribunal Act 1998.\nformer Tribunal means the Lands, Planning and Mining Tribunal\nas in existence under the Lands, Planning and Mining Tribunal\nAct 1998 immediately before the commencement of the Northern\nTerritory Civil and Administrative Tribunal Act 2014.\n\nDivision 4 Petroleum Legislation Miscellaneous Amendments Act 2020\nPetroleum Act 1984 189\nDivision 4 Petroleum Legislation Miscellaneous Amendments\nAct 2020\n126 Definitions\nIn this Division:\ncommencement means the commencement of Part 2 of the\nPetroleum Legislation Miscellaneous Amendments Act 2020.\n","sortOrder":189},{"sectionNumber":"127","sectionType":"section","heading":"Application made for exploration permit before","content":"127 Application made for exploration permit before\ncommencement\nPart II, Division 2, as in force before the commencement, applies to\nan application for the grant of an exemption permit for specified\nblocks under section 16(1) made before the commencement.\n","sortOrder":190},{"sectionNumber":"128","sectionType":"section","heading":"Decision in relation to renewal of exploration permit","content":"128 Decision in relation to renewal of exploration permit\nunder section 25(1)(a) or (b) or (2) or 27 in relation to an application\nunder section 25(1) made before the commencement.\n","sortOrder":191},{"sectionNumber":"129","sectionType":"section","heading":"Decision in relation to variation of condition of exploration","content":"129 Decision in relation to variation of condition of exploration\nunder section 28(2) in relation to an application under section 28(1)\n","sortOrder":192},{"sectionNumber":"130","sectionType":"section","heading":"Decision in relation to renewal of retention licence","content":"130 Decision in relation to renewal of retention licence\nunder section 38(1)(a) or (b), (2) or (3) or 40 in relation to an\napplication under section 37(1) made before the commencement.\n","sortOrder":193},{"sectionNumber":"131","sectionType":"section","heading":"Decision in relation to variation of condition of retention","content":"131 Decision in relation to variation of condition of retention\nlicence\nunder section 41(2) in relation to an application under section 41(1)\n\n","sortOrder":194},{"sectionNumber":"Div 4","sectionType":"division","heading":"Petroleum Legislation Miscellaneous Amendments Act 2020","content":"Division 4 Petroleum Legislation Miscellaneous Amendments Act 2020\nPetroleum Act 1984 190\n","sortOrder":195},{"sectionNumber":"132","sectionType":"section","heading":"Decision in relation to renewal of production licence","content":"132 Decision in relation to renewal of production licence\nunder section 52(1)(a) or (b), (2) or (3) or 54(1) in relation to an\napplication under section 51(1) made before the commencement.\n","sortOrder":196},{"sectionNumber":"133","sectionType":"section","heading":"Decision in relation to variation of condition of production","content":"133 Decision in relation to variation of condition of production\nlicence\nunder section 55(2) in relation to an application under section 55(1)\n","sortOrder":197},{"sectionNumber":"134","sectionType":"section","heading":"Application of section 108A","content":"134 Application of section 108A\n(1) Section 108A, as inserted by the Petroleum Legislation\nMiscellaneous Amendments Act 2019, applies only in relation to\noffences committed after the commencement.\n(2) Section 65(3), as in force before the commencement, continues to\napply in relation to offences committed before the commencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n","sortOrder":198},{"sectionNumber":"135","sectionType":"section","heading":"Construction undertaken before commencement","content":"135 Construction undertaken before commencement\n(1) Section 111, as in force after the commencement, does not apply to\nthe following undertaken, but not completed, by a permittee or\nlicensee before the commencement:\n(a) construction of a well, wellhead, pipeline or petroleum\nprocessing facility on land that is used as, or within 2 km of\nland being used as, a habitable dwelling;\n(b) construction of a well or well pad on land that is within 1 km of\na designated bore.\nhabitable dwelling, see section 111(5).\n\nDivision 6 Petroleum, Planning and Water Legislation Amendment Act 2025\nPetroleum Act 1984 191\nDivision 5 Petroleum Legislation Amendment Act 2022\n136 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the Petroleum Legislation\nAmendment Act 2022, apply only in relation to offences committed\nafter the commencement of section 78 of that Act (the\ncommencement).\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\ncommencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n(4) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences including in relation to criminal responsibility,\ndefences and penalties.\n","sortOrder":199},{"sectionNumber":"Div 6","sectionType":"division","heading":"Petroleum, Planning and Water Legislation","content":"Division 6 Petroleum, Planning and Water Legislation\nAmendment Act 2025\n","sortOrder":200},{"sectionNumber":"138","sectionType":"section","heading":"Decisions made before commencement","content":"138 Decisions made before commencement\n(1) This Act as in force immediately before the commencement\ncontinues to apply in relation to a decision or determination made\nunder one of the following provisions before the commencement:\n(a) section 16A or 20;\n(b) regulation 11(2)(a) or (3)(a) or 17 of the Petroleum\n(Environment) Regulations 2016.\ncommencement means the commencement of Part 2 of the\nPetroleum, Planning and Water Legislation Amendment Act 2025.\n\nPetroleum Act 1984 192\n","sortOrder":201},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Decisions subject to principles of ecologically","content":"Schedule 1 Decisions subject to principles of ecologically\nsustainable development\nsection 6A\nsection 9(1) A decision to reserve blocks from exploration\nsection 10(1) A decision to revoke or vary reservation of block\nsection 15(3) or (4) A decision to give directions\nsection 16A(b) A determination to release or not release a block\nfor exploration\nsection 20(3) A determination to grant or refuse exploration\nsection 25(1)(a) A decision to renew exploration permit if satisfied\nof certain matters\nsection 25(1)(b) A decision to renew exploration permit despite\nnon-compliance\nsection 25(2) A decision to refuse to renew permit\nsection 27 A decision to grant or renew exploration permit\nsubject to conditions\nsection 28(2) A decision to vary a condition of exploration permit\nsection 29(3) A decision to grant production licence subject to\nsection 30(2) A decision directing permittee to apply for\nsection 34(1) A determination to grant or refuse retention licence\nsection 38(1)(a) A decision indicating preparedness to renew\nretention licence if satisfied of certain matters\nsection 38(1)(b) A decision indicating preparedness to renew\nretention licence despite non-compliance\nsection 38(2) A decision indicating preparedness to renew\n\nPetroleum Act 1984 193\nsection 38(3) A decision to refuse to renew retention licence\nsection 40 A decision to grant a retention licence on\nconditions\nsection 41(2) A decision to vary condition of retention licence\nsection 42(2) A decision to grant production licence subject to\nsection 43(2) A decision to direct licensee to apply for\nsection 47(1) A determination to grant production licence if\nsection 47(2) A determination to grant or refuse to grant\nsection 52(1)(a) A decision indicating preparedness to renew\nproduction licence if satisfied of certain matters\nsection 52(1)(b) A decision indicating preparedness to renew\nproduction licence despite non-compliance\nsection 52(2) A decision indicating preparedness to renew\nsection 52(3) A decision to refuse to renew production licence\nsection 54(1) A decision to impose appropriate conditions on a\nsection 55(2) A decision to vary condition of production licence\nsection 57A(3) A decision to grant or refuse to grant access\nsection 57A(4) A decision to impose conditions on access\nsection 57AAA A decision to approve an application to recover\npetroleum on an approval basis\nsection 57AAA(6) A decision to approve an application to recover\npetroleum on an approval basis subject to\nconditions\n\nPetroleum Act 1984 194\nsection 57AAA(8) or (9) A decision to vary a condition\nsection 61A(2)(a) A decision to approve a plan\nsection 61B(6) A decision relating to the review of an approved\nplan\nsection 61C(4) A decision to vary a condition of an approved plan\nsection 73(1C) A decision to accept an application for surrender if\nsection 119 A decision to renew a permit or lease\nsection 119(2B) or (2C) A decision to give directions\nsection 119(6) A decision to grant a permit or licence\n\nPetroleum Act 1984 195\nsection 57ABA\nsection 9(1) A decision to reserve blocks from exploration\nsection 10(1) A decision to revoke or vary reservation of block\nsection 13(4) A decision to give or refuse consent to\nnegotiations\nsection 13(7)(a) A decision to withdraw consent\nsection 13(7)(b) A decision to refuse application\nsection 13(8)(b) A decision to later give, or again give, consent\nsection 15A Determination that applicant or associated entity is\nappropriate person to hold permit or licence\nsection 16(1) A decision to invite applications for grant of\nexploration permit\nsection 16A(b) A determination to release or not release a block\nfor exploration\nsection 17(2) A decision on which application has greatest merit\nsection 20(3) A determination to grant or refuse exploration\nsection 23(3)(b) A decision to accept application for renewal of\nexploration permit\nsection 25(1)(b) A decision to renew exploration permit despite\nnon-compliance\nsection 25A(1) A decision to require the number of blocks to be\nreduced on renewal of exploration permit\nsection 25A(4) A decision to defer reduction for a period\ndetermined or approved by Minister\nsection 27 A decision to grant or renew exploration permit\nsubject to conditions\n\nPetroleum Act 1984 196\nsection 28(2) A decision to vary a condition of exploration permit\nsection 28(3) A decision to extend term of exploration permit\nsection 29(3) A decision to grant production licence subject to\nsection 30(1) A decision requiring permittee to show cause\nsection 30(2) A decision directing permittee to apply for\nsection 30(3) A decision to cancel exploration permit\nsection 30(4) A decision to allow longer period to show cause\nsection 34(1) A determination to grant or refuse retention licence\nsection 37(3)(b) A decision to accept application for renewal of\nsection 38(1)(b) A decision indicating preparedness to renew\nretention licence despite non-compliance\nsection 38(2) A decision indicating preparedness to renew\nsection 38(3) A decision to refuse to renew retention licence\nsection 41(3) A decision to vary a condition of retention licence\nsection 41(4) A decision to appoint person to evaluate proposed\nvariation\nsection 42(2) A decision to grant production licence subject to\nsection 43(1) A decision to require retention licensee to show\ncause\nsection 43(2) A decision to direct licensee to apply for\nsection 43(3) A decision to cancel retention licence\nsection 43(4) A decision to allow longer period to show cause or\napply for production licence\n\nPetroleum Act 1984 197\nsection 46(3) A decision to grant production licence for less than\n1 block, or more than 1 discrete area if satisfied\nsection 47(1) A determination to grant production licence if\nsection 47(2) A determination to grant or refuse to grant\nsection 51(3) A decision to accept application for renewal of\nsection 52(1)(b) A decision indicating preparedness to renew\nproduction licence despite non-compliance\nsection 52(2) A decision indicating preparedness to renew\nsection 55(3) A decision to vary a condition of production licence\nsection 55(4) A decision to appoint person to evaluate proposed\nvariation\nsection 57(4) A decision to repeal or vary a declaration by\nproduction licensee\nsection 57A(3) A decision to grant or refuse to grant access\nsection 57A(4) A decision to impose conditions on access\nsection 57A(10) A decision to renew access authority\nsection 57A(11)(b) A decision to cancel access authority\nsection 57A(12) A decision to direct removal of thing from area of\nprevious access authority, or rehabilitation of area\nsection 57AAB(6) A decision to approve a transfer of interest in\napplication for petroleum interest\nsection 57AAD(1) A decision to vary a condition of a petroleum\ninterest\nsection 61A(2)(a) A decision to approve a plan\n\nPetroleum Act 1984 198\nsection 61A(4) A decision to impose conditions on approval of\nplan\nsection 61B(6)(a) A decision to approve a revised plan\nsection 61C(1) and (4) A decision to vary a condition of approved plan\nsection 62A A decision to release information\nsection 68 A decision to require area of permit or licence to\nbe fenced\nsection 69(1)(a) A decision to add blocks to area of licence\nsection 69(1)(b) A decision to require preparation of scheme to\nwork and develop petroleum pool as one unit\nsection 71(1) A decision to give directions to permittee or\nlicensee\nsection 72(a) A decision to cause action to be taken\nsection 73(9) A decision to accept a partial surrender\nsection 74(1) A decision to cancel permit or licence\nsection 77(1) A decision to direct removal of thing from area of\nprevious permit or licence, or rehabilitation of area\nsection 78(1) A decision to remove and dispose of property\nsection 93(4) A decision to accept application to transfer interest\nsection 93(10) Determine application by approving or refusing to\napprove it\nsection 93(11) A decision to require adoption or review of plan or\nnew or additional security\nsection 96(6) A decision to approve or refuse to approve\ninstrument lodged for approval\nsection 104E Approval of change in control\nsection 117AZC Action if interest holder in default\nsection 119(2AA) A decision to renew lease granted under repealed\nAct\n\nPetroleum Act 1984 199\nsection 119(2F) A decision to give direction\n\nPetroleum Act 1984 200\nsection 57AB\nA determination of the Minister not to\nrelease a block for exploration under\nsection 16A(b)(ii)\nAn applicant for an exploration\npermit in respect of the block\nrefuse the grant of an exploration\npermit under section 20(3)\nThe applicant for the permit\nrenew an exploration permit under\nsection 25(2)\nconditions of an exploration permit on\nthe grant of the permit\nThe applicant for the permit\nconditions of an exploration permit on\nthe renewal of the permit\ncondition of an exploration permit on\nan application under section 28\nrefuse to grant a retention licence\nunder section 34(1)\nrenew a retention licence under\nsection 38(3)\nconditions of a retention licence on the\ngrant of the licence\nconditions of a retention licence on the\nrenewal of the licence\n\nPetroleum Act 1984 201\ncondition of a retention licence on an\napplication under section 41\nrefuse to grant a production licence\nunder section 47\nrenew a production licence under\nsection 52(3)\nconditions of a production licence on\nthe grant of the licence, other than a\ncondition under section 54(2)\ncondition of a production licence on an\napplication under section 55\nA decision of the Minister not to grant\nan approval under section 57AAA\nA decision of the Minister under\nsection 57AAA as to conditions of an\napproval under section 57AAA(6)\nA decision of the Minister under\nsection 57AAA(8), (9) or (10)\napprove a transfer under\nsection 57AAB\nThe applicant\nThe proposed transferee\nA decision of the Minister to vary a\ncondition of a petroleum interest under\nsection 57AAD\napprove a plan under\nsection 61A(2)(b)\nconditions of a plan under\nsection 61A(4)\n\nPetroleum Act 1984 202\nA direction of the Minister to review a\nplan under section 61B(2)(e)\napprove a revised plan under\nsection 61B(6)(b)\ncondition of a plan on an application\nunder section 61C(2)\naccept the partial surrender of a\npetroleum interest under section 73(8)\naccept the complete surrender of a\npetroleum interest under\nsection 73(10)\nA decision of an inspector to issue a\ndirection under section 89L\nThe person to whom the direction\nwas issued\nA decision of the CEO to issue a\ncompliance direction under\nsection 89N\nThe person to whom the direction\nwas issued\nA decision of the CEO to issue a stop\nwork notice under section 89R\nThe person to whom the notice was\nissued\napprove a change in control of a\ncorporation holding a permit or licence\nunder section 104E\nThe applicant\nA decision under this Act prescribed\nby the regulations\nA person prescribed in relation to\nthat decision\n\nPetroleum Act 1984 203\n1 KEY\nKey to abbreviations in list of legislation and amendments\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPetroleum Act 1984 (Act No. 50, 1984)\nAssent date 29 September 1984\nCommenced 15 October 1984 (Gaz G40, 10 October 1984, p 10)\nPetroleum Amendment Act 1985 (Act No. 65, 1985)\nAssent date 24 December 1984\nCommenced 28 January 1986 (s 2, s 2 Mining Amendment Act 1985 (Act\nNo. 63, 1985) and Gaz S3, 28 January 1986)\nPetroleum Amendment Act 1990 (Act No. 45, 1990)\nAssent date 20 September 1990\nCommenced 14 November 1990 (Gaz G45, 14 November 1990, p 4)\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nStatute Law Revision Act 1992 (Act No. 46, 1992)\nAssent date 7 September 1992\nCommenced 7 September 1992\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nNative Title (Consequential Amendments) Act 1994 (Act No. 30, 1994)\nAssent date 18 May 1994\nCommenced 29 June 1994 (Gaz G26, 29 June 1994, p 3)\n\nPetroleum Act 1984 204\nPetroleum Amendment Act 1994 (Act No. 49, 1994)\nAssent date 20 September 1994\nCommenced 30 September 1994 (Gaz S51, 30 September 1994)\nStatute Law Revision Act (No. 2) 1995 (Act No. 42, 1995)\nAssent date 13 October 1995\nCommenced 13 October 1995\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2(1), s 2 Sentencing Act 1995 (Act No. 39,\n1995) and Gaz S15, 13 June 1996)\nPetroleum Amendment Act 1998 (Act No. 53, 1998)\nAssent date 28 August 1998\nCommenced 1 October 1998 (s 2(1), (2) and (3), Gaz S37, 1 October 1998,\ns 2(4), s 2 Validation of Titles and Actions Amendment\nAct 1998 (Act No. 55, 1998) and Gaz S37, 1 October 1998)\nLands and Mining (Miscellaneous Amendments) Act 1998 (Act No. 93, 1998)\nAssent date 23 December 1998\nCommenced pt 11: 1 October 1998\nPetroleum Amendment Regulations (SL No. 44, 1998)\nNotified 1 October 1998\nCommenced 1 October 1998 (r 2, s 2 Petroleum Amendment Act 1998 (Act\nNo. 53, 1998), s 2 Validation of Titles and Actions\nAmendment Act 1998 (Act No. 55, 1998) and Gaz S37,\n1 October 1998)\nLands and Mining (Miscellaneous Amendments) Act 1998 (Act No. 93, 1998)\nAssent date 23 December 1998\nCommenced pt 10: 1 October 1998 (s 2(7) and r 2 Petroleum Amendment\nRegulations SL No. 44, 1998)\nLands and Mining (Miscellaneous Amendments) Act 1999 (Act No. 1, 1999)\nAssent date 19 February 1999\nCommenced 19 February 1999\nPetroleum Amendment Regulations (SL No. 13, 1999)\nNotified 16 April 1999\nCommenced 16 April 1999\nPetroleum Amendment Regulations (SL No. 15, 1999)\nNotified 20 April 1999\nCommenced 20 April 1999\nLands and Mining (Miscellaneous Amendments) Act (No. 2) 1999 (Act No. 26, 1999)\nAssent date 17 June 1999\nCommenced 17 June 1999\n\nPetroleum Act 1984 205\nPetroleum Amendment Act 2000 (Act No. 31, 2000)\nAssent date 27 June 2000\nCommenced s 8: 16 April 1999; rem: 27 June 2000 (s 2)\nFinancial Relations Agreement (Consequential Provisions) Act 2000 (Act No. 32, 2000)\nAssent date 27 June 2000\nCommenced 1 July 2000 (s 2(2))\nPetroleum Amendment Act (No. 2) 2000 (Act No. 42, 2000)\nAssent date 31 August 2000\nCommenced 11 July 2001 (Gaz G27, 11 July 2001, p 2)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 1 December 2000, p 2)\nLaw of Property (Consequential Amendments) Act 2000 (Act No. 46, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Law of Property Act 2000 (Act\nNo. 1, 2000) and Gaz G38, 1 December 2000, p 2)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001 (s 2(4))\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\nPetroleum Amendment Act 2003 (Act No. 14, 2003)\nAssent date 18 March 2003\nCommenced 2 July 2003 (Gaz G26, 2 July 2003, p 2)\nPetroleum Amendment Act 2004 (Act No. 50, 2004)\nAssent date 13 September 2004\nCommenced 13 September 2004\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nMining and Petroleum (Aboriginal Land Rights) Amendment Act 2007 (Act No. 18, 2007)\nAssent date 18 September 2007\nCommenced 18 September 2007\n\nPetroleum Act 1984 206\nLaw Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz S29, 25 June 2008)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nPetroleum Amendment and Related Matters Act 2010 (Act No. 13, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G26, 30 June 2010, p 3)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz S2, 24 January 2012);\nrem: 25 November 2011 (Gaz S68, 25 November 2011)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nPetroleum Amendment Act 2013 (Act No. 41, 2013)\nAssent date 19 December 2013\nCommenced 1 January 2014 (s 2)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,\np 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nPetroleum Amendment Act 2016 (Act No. 19, 2016)\nAssent date 8 June 2016\nCommenced 8 June 2016\nWater Legislation Amendment Act 2018 (Act No. 29, 2018)\nAssent date 4 December 2018\nCommenced 31 December 2018 (Gaz S107, 17 December 2018)\nPetroleum Legislation Amendment Act 2019 (Act No. 12, 2019)\nAssent date 9 April 2019\nCommenced 15 May 2019 (Gaz G20, 15 May 2019, p 9)\n\nPetroleum Act 1984 207\nEnvironment Protection Act 2019 (Act No. 31, 2019)\nAssent date 9 October 2019\nCommenced 28 June 2020 (Gaz G17, 29 April 2020, p 2)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019\nPetroleum Legislation Miscellaneous Amendments Act 2020 (Act No. 12, 2020)\nAssent date 30 March 2020\nCommenced 28 June 2020 (Gaz G25, 24 June 2020, p 2)\nPetroleum Legislation Amendment Act 2022 (Act No. 33, 2022)\nAssent date 16 December 2022\nCommenced 22 June 2023 (Gaz S42, 13 June 2023)\nPetroleum Royalty Act 2023 (Act No. 6, 2023)\nAssent date 6 April 2023\nCommenced 1 July 2023 (s 2)\nPetroleum, Planning and Water Legislation Amendment Act 2025 (Act No. 7, 2025)\nAssent date 7 April 2025\nCommenced 8 April 2025 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 22(2) Petroleum Amendment Act 1994 (Act No. 49, 1994)\ns 13 (amd SL No. 13, 1999, r 19; sub SL No. 15, 1999, r 4) and s 14\nPetroleum Amendment Act 1998 (Act No. 53, 1998)\nrr 16 and 17 Petroleum Amendment Regulations (SL No. 13, 1999)\ns 57 Petroleum Amendment Act 2003 (Act No. 14, 2003)\nsch Petroleum Amendment Act 2004 (Act No. 50, 2004)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 15, 29, 57A, 57P, 57V,\n65, 81, 82, 91A, 111, 117, 117AAA, 117AAD, 117AAG, 117AAH, 117AA,\n117C, 119, 122, 123 and 125.\n5 LIST OF AMENDMENTS\ns 3 sub No. 50, 2004, s 3\namd No. 13, 2010, s 14; No. 33, 2022, s 4; No. 6, 2023, s 30\ns 5 amd No. 65, 1985, s 4; No. 45, 1990, s 4; No. 28, 1993, s 3; No. 30, 1994,\ns 3; No. 49, 1994, s 4; No. 53, 1998, s 4; SL No. 44, 1998; No. 93, 1998,\ns 204; SL No. 13, 1999; No. 45, 2000, s 11; No. 14, 2003, s 4; No. 4, 2007,\ns 7; No. 13, 2010, s 4; No. 37, 2010, s 13; No. 41, 2013, s 4; No. 35, 2014,\ns 107; No. 29, 2018, s 60; No. 12, 2019, s 4; No. 12, 2020, s 4; No. 33, 2022,\ns 5\n\nPetroleum Act 1984 208\ns 5A ins No. 33, 2022, s 6\ns 6 amd No. 33, 2022, s 7\ns 6AA ins No. 33, 2022, s 8\npt IA ins No. 12, 2020, s 5\ns 6A ins No. 12, 2020, s 5\ns 7 rep No. 33, 2022, s 9\nss 8 – 9 amd No. 14, 2003, s 56\ns 10 amd No. 14, 2003, s 56; No. 50, 2004, s 4\nss 11 – 12 amd No. 14, 2003, s 56\ns 13 amd No. 45, 1990, s 5; No. 14, 2003, s 56\nsub No. 18, 2007, s 5\ns 14 amd No. 14, 2003, s 56\ns 15 sub No. 65, 1985, s 5\ndiv 2 hdg amd No. 14, 2003, s 56\ns 15A ins No. 50, 2004, s 5\nrep No. 13, 2010, s 5\nins No. 12, 2019, s 5\namd No. 31, 2019, s 317; No. 12, 2020, s 6; No. 6, 2023, s 31\ns 16 amd No. 49, 1994, ss 5 and 22; No. 93, 1998, s 205; No. 14, 2003, s 5;\nNo. 13, 2010, s 6; No. 12, 2019, s 6\nsub No. 41, 2013, s 5\namd No. 12, 2020, s 7; No. 33, 2022, s 10\ns 16A ins No. 12, 2020, s 8\nsub No. 7, 2025, s 4\ns 17 amd No. 14, 2003, s 56\nsub No. 41, 2013, s 5\namd No. 33, 2022, s 11\ns 18 amd No. 49, 1994, s 6; SL No. 44, 1998; No. 93, 1998, s 206; No. 1, 1999,\ns 26; SL No. 13, 1999; No. 31, 2000, s 3; No. 14, 2003, s 6; No. 13, 2010,\ns 7; No. 41, 2013, s 6; No. 12, 2020, s 9; No. 33, 2022, s 12\ns 19 sub SL No. 44, 1998\namd No. 93, 1998, s 207; No. 14, 2003, s 56; No. 12, 2020, s 10; No. 33,\n2022, s 13\ns 20 amd No. 93, 1998, s 208; No. 14, 2003, s 56\nsub No. 50, 2004, s 6\namd No. 13, 2010, s 8; No. 33, 2022, s 14\ns 21 amd No. 14, 2003, s 56\nsub No. 50, 2004, s 6\nss 21A – 21B ins No. 50, 2004, s 6\ns 21C ins No. 50, 2004, s 6\ns 21D ins No. 50, 2004, s 6\ns 21E ins No. 50, 2004, s 6\namd No. 13, 2010, s 10\nrep No. 33, 2022, s 15\ns 22 amd No. 49, 1994, s 7; No. 14, 2003, s 7\ns 23 amd No. 49, 1994, s 22; No. 93, 1998, s 209; No. 14, 2003, s 8; No. 13,\n2010, s 14; No. 33, 2022, s 16\ns 24 amd No. 49, 1994, s 8; No. 14, 2003, s 56; No. 13, 2010, s 14\nrep No. 33, 2022, s 17\ns 24A ins No. 13, 2010, s 11\nrep No. 33, 2022, s 17\ns 25 amd No. 49, 1994, s 22; No. 93, 1998, s 210; No. 14, 2003, s 9; No. 50,\n2004, s 7; No. 13, 2010, s 14; No. 33, 2022, s 18\n\nPetroleum Act 1984 209\ns 25A ins No. 33, 2022, s 19\ns 26 amd No. 49, 1994, s 22; No. 14, 2003, s 10\nsub No. 33, 2022, s 20\ns 27 amd No. 93, 1998, s 211; No. 14, 2003, s 11; No. 33, 2022, s 21\ns 28 amd No. 93, 1998, s 212; No. 14, 2003, s 12; No. 12, 2020, s 11; No. 33,\n2022, s 22\ns 29 amd No. 65, 1985, s 6; No. 45, 1990, s 6; No. 93, 1998, s 213; No. 14, 2003,\ns 56; No. 29, 2018, s 61; No. 33, 2022, s 23\nss 30 – 31 amd No. 14, 2003, s 56\ns 32 amd No. 49, 1994, s 22; No. 93, 1998, s 214; No. 14, 2003, s 13; No. 33,\n2022, s 24\ns 33 amd No. 33, 2022, s 25\ns 34 amd No. 93, 1998, s 215; No. 14, 2003, s 56; No. 50, 2004, s 8; No. 33,\n2022, s 26\ns 35 amd No. 14, 2003, s 56\ns 37 amd No. 49, 1994, s 22; No. 93, 1998, s 216; No. 33, 2022, s 27\ns 38 amd No. 93, 1998, s 217; No. 14, 2003, s 14; No. 50, 2004, s 9; No. 33,\n2022, s 28\ns 39 amd No. 49, 1994, s 22; No. 14, 2003, s 56\nsub No. 33, 2022, s 29\ns 40 amd No. 49, 1994, s 9; No. 93, 1998, s 218; No. 14, 2003, s 15; No. 33,\n2022, s 30\ns 41 amd No. 93, 1998, s 219; No. 12, 2020, s 12\nsub No. 33, 2022, s 31\ns 42 amd No. 45, 1990, s 7; No. 93, 1998, s 220; No. 14, 2003, s 16; No. 33,\n2022, s 32\ns 44 amd No. 14, 2003, s 56\ns 45 amd No. 49, 1994, s 22; No. 93, 1998, s 221; No. 14, 2003, s 17; No. 12,\n2019, s 7; No. 33, 2022, s 33\ns 46 amd No. 33, 2022, s 34\ns 47 amd No. 93, 1998, s 222; No. 14, 2003, s 18; No. 33, 2022, s 35\ns 48 amd No. 50, 2004, s 10; No. 33, 2022, s 36\ns 49 amd No. 14, 2003, s 56\ns 50 amd No. 49, 1994, s 10; No. 53, 1998, s 5\ns 51 amd No. 49, 1994, ss 11 and 22; No. 93, 1998, s 223; No. 33, 2022, s 37\ns 52 amd No. 49, 1994, s 22; No. 93, 1998, s 224; No. 50, 2004, s 11; No. 33,\n2022, s 38\ns 53 amd No. 49, 1994, s 22; No. 14, 2003, s 56\nsub No. 33, 2022, s 39\ns 54 amd No. 93, 1998, s 225; No. 42, 2000, s 7; No. 14, 2003, s 19; No. 33,\n2022, s 40; No. 6, 2023, s 32\ns 55 amd No. 93, 1998, s 226; No. 12, 2020, s 13\nsub No. 33, 2022, s 41\ns 56 amd No. 45, 1990, s 8\ndiv 5 hdg ins No. 49, 1994, s 12\ns 57A ins No. 49, 1994, s 12\namd No. 93, 1998, s 227; No. 14, 2003, s 20; No. 23, 2013, s 13; No. 12,\n2020, s 14; No. 33, 2022, s 42\ns 57AA ins No. 50, 2004, s 12\nrep No. 13, 2010, s 14\nins No. 33, 2022, s 43\ndiv 5A hdg ins No. 33, 2022, s 43\nss 57AAA –\n57AAE ins No. 33, 2022, s 43\ndiv 6 hdg ins No. 50, 2004, s 12\n\nPetroleum Act 1984 210\nsdiv 1 hdg ins No. 12, 2019, s 8\ns 57ABA ins No. 12, 2019, s 8\namd No. 12, 2020, s 15\nsdiv 2 hdg ins No. 12, 2019, s 8\nsub No. 33, 2022, s 44\ns 57AB ins No. 50, 2004, s 12\namd No. 41, 2013, s 7\nsub No. 33, 2022, s 44\namd No. 7, 2025, s 5\ns 57AC ins No. 50, 2004, s 12\nss 57AD –\n57AE ins No. 50, 2004, s 12\namd No. 13, 2010, s 14\npt IIA hdg ins No. 53, 1998, s 6\nsub SL No. 44, 1998\ns 57B ins No. 53, 1998, s 6\namd SL No. 44, 1998; No. 93, 1998, s 228; No. 14, 2003, s 56\ns 57C ins No. 53, 1998, s 6\namd SL No. 44, 1998; No. 93, 1998, s 229; No. 1, 1999, s 27\ns 57D ins No. 53, 1998, s 6\nsub No. 93, 1998, s 230\ns 57DA ins SL No. 44, 1998\namd No. 93, 1998, s 231\ns 57E ins No. 53, 1998, s 6\namd SL No. 44, 1998; No. 93, 1998, s 232\ns 57F ins No. 53, 1998, s 6\namd SL No. 44, 1998; No. 93, 1998, s 233; SL No. 13, 1999; No. 26, 1999,\ns 40\ns 57G ins No. 53, 1998, s 6\namd SL No. 44, 1998; No. 93, 1998, s 234\ns 57GA ins No. 26, 1999, s 41\ns 57H ins No. 53, 1998, s 6\namd No. 93, 1998, s 235; No. 1, 1999, s 28; SL No. 13, 1999; No. 26, 1999,\ns 42; No. 4, 2007, s 7; No. 35, 2014, s 108\ns 57J ins No. 53, 1998, s 6\namd No. 93, 1998, s 236; No. 26, 1999, s 43; No. 35, 2014, s 109\ns 57K ins No. 53, 1998, s 6\nsub No. 93, 1998, s 237\ns 57KA ins No. 93, 1998, s 237\n\nPetroleum Act 1984 211\ns 57KB ins SL No. 13, 1999\namd No. 26, 1999, s 44\ns 57L ins No. 53, 1998, s 6\namd SL No. 44, 1998; No. 93, 1998, s 238; SL No. 13, 1999; No. 26, 1999,\ns 45; No. 62, 2001, s 15\ns 57M ins No. 53, 1998, s 6\namd SL No. 44, 1998; No. 93, 1998, s 239; SL No. 13, 1999\ns 57N ins No. 53, 1998, s 6\nsub No. 93, 1998, s 240\namd No. 1, 1999, s 29; SL No. 13, 1999; No. 26, 1999, s 46\ns 57NA ins SL No. 13, 1999\ns 57P ins No. 53, 1998, s 6\namd SL No. 44, 1998; No. 93, 1998, s 241; No. 1, 1999, s 30\ns 57Q ins No. 53, 1998, s 6\nrep No. 93, 1998, s 242\npt IIB hdg ins SL No. 44, 1998\nsub No. 93, 1998, s 243\ns 57R ins SL No. 44, 1998\nsub No. 93, 1998, s 244\ns 57S ins SL No. 44, 1998\nsub No. 93, 1998, s 245\ns 57T ins SL No. 44, 1998\namd No. 93, 1998, s 246; No. 14, 2003, s. 56\ns 57U ins SL No. 44, 1998\nsub No. 93, 1998, s 247\ns 57V ins SL No. 44, 1998\nsub No. 93, 1998, s 248\npt III hdg amd No. 14, 2003, s 56\nsub No. 33, 2022, s 46\nsdiv 1 hdg ins No. 33, 2022, s 47\ns 58 amd No. 14, 2003, s 56; No. 12, 2019, s 9; No. 33, 2022, s 48; No. 6, 2023,\ns 33\ns 58A ins No. 93, 1998, s 249\nrep No. 33, 2022, s 49\nsdiv 2 hdg ins No. 33, 2022, s 49\n\nPetroleum Act 1984 212\ns 59 amd No. 49, 1994, s 13; No. 14, 2003, s 21; No. 23, 2013, s 13\ns 60 amd No. 49, 1994, s 22; No. 14, 2003, s 56\ns 61 sub No. 49, 1994, s 14\namd No. 42, 1995, s 5; No. 14, 2003, s 56; No. 44, 2005, s 35\nss 61A – 61G ins No. 33, 2022, s 49\nsdiv 3 hdg ins No. 33, 2022, s 49\nss 61H – 61L ins No. 33, 2022, s 49\ns 62 amd No. 33, 2022, s 50\nsdiv 4 hdg ins No. 33, 2022, s 51\ns 62A ins No. 33, 2022, s 51\nsdiv 5 hdg ins No. 33, 2022, s 51\ns 63 sub No. 14, 2003, s 22\namd No. 33, 2022, s 52\ns 64 amd No. 49, 1994, s 22; No. 14, 2003, s 23; No. 23, 2013, s 13\nsub No. 33, 2022, s 53\ns 65 amd No. 49, 1994, s 22; No. 93, 1998, s 250; No. 14, 2003, s 24; No. 23,\n2013, s 13; No. 12, 2020, s 16\ns 66 amd No. 45, 1990, s 9; No. 14, 2003, s 56\ns 67 sub No. 49, 1994, s 15\nrep No. 33, 2022, s 54\ns 68 amd No. 14, 2003, s 56\ns 69 amd No. 53, 1998, s 7; No. 93, 1998, s 251; No. 14, 2003, s 56; No. 33,\n2022, s 55\ns 69A ins No. 33, 2022, s 56\ns 70 amd No. 14, 2003, s 56\ns 70A ins No. 1, 1999, s 31\namd SL No. 13, 1999; No. 26, 1999, s 47; No. 31, 2000, s 4\nrep No. 33, 2022, s 57\ns 71 amd No. 49, 1994, ss 16 and 22; No. 14, 2003, s 25; No. 23, 2013, s 13;\nNo. 33, 2022, s 58\ns 72 sub No. 33, 2022, s 59\ns 73 amd No. 49, 1994, s 17; No. 14, 2003, s 26; No. 12, 2020, s 17\nsub No. 33, 2022, s 60\ns 74 amd No. 17, 1996, s 6; No. 14, 2003, s 56; No. 33, 2022, s 61\ns 75 amd No. 49, 1994, s 22; No. 14, 2003, s 27; No. 23, 2013, s 13\nsub No. 33, 2022, s 62\ns 76 amd No. 42, 1995, s 5; No. 14, 2003, s 56\nrep No. 33, 2022, s 62\ns 77 amd No. 42, 2000, s 7; No. 14, 2003, s 28; No. 23, 2013, s 13; No. 33, 2022,\ns 63\ns 78 amd No. 14, 2003, s 56\ndiv 4 hdg sub No. 33, 2022, s 64\ns 79 amd No. 65, 1985, s 7; No. 49, 1994, s 18; No. 53, 1998, s 8\nsub No. 93, 1998, s 252\namd No. 14, 2003, s 29\nrep No. 33, 2022, s 65\ns 80 sub No. 93, 1998, s 252\nrep No. 33, 2022, s 65\n\nPetroleum Act 1984 213\ns 81 amd No. 30, 1994, s 3; No. 49, 1994, s 22; No. 53, 1998, s 9; SL No. 44,\n1998; No. 93, 1998, s 253; No. 45, 2000, s 11; No. 14, 2003, s 30; No. 23,\n2013, s 13; No. 12, 2020, s 18; No. 33, 2022, s 66\ns 82 amd No. 30, 1994, s 3; No. 53, 1998, s 10; No. 93, 1998, s 254; No. 14,\n2003, s 56; No. 12, 2020, s 19\ns 82A ins No. 30, 1994, s 3\nrep No. 53, 1998, s 11\nins No. 12, 2020, s 20\ns 82B ins No. 12, 2020, s 20\ns 83 amd No. 30, 1994, s 3\nrep No. 53, 1998, s 11\nins No. 31, 2000, s 5\nrep No. 33, 2022, s 67\ndiv 5 hdg rep No. 6, 2023, s 34\ns 84 amd No. 45, 1990, s 10; No. 49, 1994, s 19; No. 32, 2000, s 48; No. 14,\n2003, s 56; No. 33, 2022, s 68\nrep No. 6, 2023, s 34\ns 85 rep No. 6, 2023, s 34\ns 86 amd No. 14, 2003, s 56; No. 33, 2022, s 69\nrep No. 6, 2023, s 34\ndiv 6 hdg sub No. 33, 2022, s 70\nsdiv 1 hdg sub No. 33, 2022, s 70\ns 87 amd No. 49, 1994, s 22; No. 14, 2003, s 31; No. 23, 2013, s 13\nsub No. 33, 2022, s 70\ns 88 amd No. 49, 1994, s 22; No. 14, 2003, s 32; No. 23, 2013, s 13\nsub No. 33, 2022, s 70\ns 89 sub No. 33, 2022, s 70\npt IIIA hdg ins No. 42, 2000, s 4\nsub No. 30, 2007, s 12\nrep No. 13, 2010, s 12\ndiv 1 hdg ins No. 42, 2000, s 4\nsdiv 2 hdg ins No. 33, 2022, s 70\ns 89A ins No. 42, 2000, s 4\nsub No. 30, 2007, s 12; No. 33, 2022, s 70\ns 89B ins No. 42, 2000, s 4\namd No. 14, 2003, s 33\ns 89C ins No. 42, 2000, s 4\namd No. 14, 2003, s 34\ns 89D ins No. 42, 2000, s 4\namd No. 14, 2003, s 35\ns 89E ins No. 42, 2000, s 4\namd No. 14, 2003, s 36\n\nPetroleum Act 1984 214\ns 89F ins No. 42, 2000, s 4\namd No. 14, 2003, s 37\ns 89G ins No. 42, 2000, s 4\namd No. 14, 2003, s 38\ns 89H ins No. 42, 2000, s 4\nsdiv 3 hdg ins No. 33, 2022, s 70\nss 89J – 89K ins No. 42, 2000, s 4\ndiv 2 hdg ins No. 42, 2000, s 4\nsdiv 4 hdg ins No. 33, 2022, s 70\nss 89L – 89M ins No. 42, 2000, s 4\ndiv 7 hdg ins No. 33, 2022, s 70\ns 89N ins No. 42, 2000, s 4\ns 89P ins No. 42, 2000, s 4\namd No. 14, 2003, s 39\ndiv 3 hdg ins No. 42, 2000, s 4\ns 89Q ins No. 42, 2000, s 4\namd No. 14, 2003, s 40\ndiv 8 hdg ins No. 33, 2022, s 70\ns 89R ins No. 42, 2000, s 4\namd No. 14, 2003, s 41\ns 89S ins No. 42, 2000, s 4\namd No. 18, 2002, s 6\ndiv 9 hdg ins No. 33, 2022, s 70\nss 89T – 89V ins No. 42, 2000, s 4\n\nPetroleum Act 1984 215\ndiv 4 hdg ins No. 42, 2000, s 4\nss 89W –\n89ZA ins No. 42, 2000, s 4\nss 89ZB –\n89ZC ins No. 42, 2000, s 4\ndiv 5 hdg ins No. 42, 2000, s 4\ns 89ZD ins No. 42, 2000, s 4\namd No. 14, 2003, s 42\ns 89ZE ins No. 42, 2000, s 4\ns 89ZF ins No. 42, 2000, s 4\namd No. 14, 2003, s 43\ns 90 amd No. 49, 1994, s 20; No. 14, 2003, s 56\ns 91 amd No. 45, 1990, s 11; No. 14, 2003, s 56\ns 91A ins No. 46, 2000, s 7\ns 92 amd No. 14, 2003, s 56\ns 93 sub No. 45, 1990, s 12\namd No. 14, 2003, s 56; No. 12, 2019, s 10; No. 12, 2020, s 21; No. 33,\n2022, s 71\ns 93A ins No. 45, 1990, s 12\namd No. 49, 1994, s 22; No. 14, 2003, s 56; No. 33, 2022, s 72\nss 94 – 95 amd No. 14, 2003, s 56\ns 96 amd No. 45, 1990, s 13; No. 49, 1994, s 22; No. 14, 2003, s 56; No. 25,\n2009, s 10; No. 33, 2022, s 73\ns 96A ins No. 45, 1990, s 14\namd No. 59, 1990, s 4; No. 46, 1992, s 13\nrep No. 17, 2001, s 21\ns 98 amd No. 49, 1994, s 22; No. 14, 2003, s 44; No. 23, 2013, s 13; No. 33,\n2022, s 74\ns 99 amd No. 49, 1994, s 22; No. 14, 2003, s 45; No. 23, 2013, s 13; No. 33,\n2022, s 75\ns 101 amd No. 14, 2003, s 56\ns 102 amd No. 42, 2000, s 7\ns 103 amd No. 35, 2014, s 110\npt IVA hdg ins No. 33, 2022, s 76\nss 104A –\n104F ins No. 33, 2022, s 76\npt V hdg sub No. 33, 2022, s 77\npt V\ndiv 1 hdg ins No. 14, 2003, s 46\ns 105 amd No. 14, 2003, s 47; No. 23, 2013, s 13\ns 106 amd No. 49, 1994, s 22; No. 17, 1996, s 6; No. 14, 2003, s 48; No. 23, 2013,\ns 13\ns 107 amd No. 49, 1994, s 22; No. 17, 1996, s 6; No. 42, 2000, s 5; No. 14, 2003,\ns 49; No. 23, 2013, s 13\ns 108 sub No. 33, 2022, s 78\n\nPetroleum Act 1984 216\ns 108A ins No. 12, 2020, s 22\nrep No. 33, 2022, s 78\ns 109 amd No. 49, 1994, s 22; No. 14, 2003, s 50; No. 23, 2013, s 13\ns 110 amd No. 49, 1994, s 22; No. 14, 2003, s 51; No. 23, 2013, s 13\ns 111 amd No. 93, 1998, s 255; No. 45, 2000, s 11\nsub No. 12, 2020, s 23; No. 33, 2022, s 78\ns 112 sub No. 33, 2022, s 78\ns 113 amd No. 17, 1996, s 6\ns 114 amd No. 42, 2000, s 7\nss 115 – 116 sub No. 33, 2022, s 78\ns 117 amd No. 8, 2016, s 45\nrep No. 33, 2022, s 78\npt V\ndiv 2 hdg ins No. 14, 2003, s 52\ns 117AAA ins No. 14, 2003, s 52\ns 117AAB ins No. 14, 2003, s 52\namd No. 12, 2020, s 24\ns 117AAC ins No. 14, 2003, s 52\npt V\ndiv 3 hdg ins No. 14, 2003, s 52\ns 117AAD ins No. 14, 2003, s 52\npt V\ndiv 4 hdg ins No. 14, 2003, s 52\nss 117AAE – ins No. 14, 2003, s 52\n117AG sub No. 33, 2022, s 79\ns117AAH ins No. 14, 2003, s 52\nrep No. 33, 2022, s 79\npt VA hdg ins No. 93, 1998, s 256\ndiv 1 hdg ins No. 33, 2022, s 79\nss 117AA –\n117AB ins No. 93, 1998, s 256\nss 117ABA –\n117ABL ins No. 33, 2022, s 79\ndiv 2 hdg ins No. 33, 2022, s 79\nss 117ABM –\n117ABS ins No. 33, 2022, s 79\ndiv 3 hdg ins No. 33, 2022, s 79\nss 117ABT –\n117ABZH ins No. 33, 2022, s 79\ns 117AC ins No. 93, 1998, s 256\namd No. 26, 1999, s 48\nrep No. 33, 2022, s 79\npt VB hdg ins No. 14, 2003, s 53\nss 117AD –\n117AM ins No. 14, 2003, s 53\n\nPetroleum Act 1984 217\npt VC hdg ins No. 33, 2022, s 80\ndiv 1 hdg ins No. 33, 2022, s 80\nss 117AN –\n117AP ins No. 33, 2022, s 80\ndiv 2 hdg ins No. 33, 2022, s 80\nss 117AQ –\n117AU ins No. 33, 2022, s 80\ndiv 3 hdg ins No. 33, 2022, s 80\nss 117AV –\n117AZ ins No. 33, 2022, s 80\ndiv 4 hdg ins No. 33, 2022, s 80\nss 117AZA –\n117AZD ins No. 33, 2022, s 80\npt VD hdg ins No. 33, 2022, s 80\nss 117AZE –\n117AZJ ins No. 33, 2022, s 80\npt VE hdg ins No. 33, 2022, s 80\nss 117AZK –\n117AZU ins No. 33, 2022, s 80\npt VF hdg ins No. 33, 2022, s 80\nss 117AZV –\n117AZW ins No. 33, 2022, s 80\ns 117AMA ins No. 30, 2010, s 41\ns 117A ins No. 53, 1998, s 12\ns 117B ins No. 53, 1998, s 12\nrep No. 93, 1998, s 257\nins No. 1, 1999, s 32\ns 117C ins No. 53, 1998, s 12\nrep No. 93, 1998, s 257\nins No. 26, 1999, s 49\nsub No. 33, 2022, s 81\nss 117D –\n117T ins No. 33, 2022, s 81\ns 118 amd No. 42, 2000, s 6; No. 14, 2003, s 54; No. 13, 2010, s 14; No. 23, 2013,\ns 13; No. 19, 2016, s 3; No. 12, 2019, s 11; No. 12, 2020, s 25; No. 33, 2022,\ns 82\ns 119 amd No. 65, 1985, s 8; No. 45, 1990, s 15; No. 49, 1994, s 21; No. 42, 1995,\ns 5; No. 93, 1998, s 258; No. 14, 2003, s 55; No. 13, 2010, s 14; No. 33,\n2022, s 83; No. 6, 2023, s 35\npt VII hdg ins No. 13, 2010, s 13\nsub No. 35, 2014, s 111\ndiv 1 hdg ins No. 35, 2014, s 111\nss 120 – 123 ins No. 13, 2010, s 13\npt VIII hdg ins No. 41, 2013, s 8\nsub No. 35, 2014, s 112\ns 124 ins No. 41, 2013, s 8\ndiv 3 hdg ins No. 35, 2014, s 113\ns 125 ins No. 35, 2014, s 113\ndiv 4 hdg ins No. 12, 2020, s 26\nss 126 – 135 ins No. 12, 2020, s 26\n\nPetroleum Act 1984 218\ndiv 5 hdg ins No. 33, 2022, s 84\ns 136 ins No. 33, 2022, s 84\ns 137 ins No. 33, 2022, s 84\nrep No. 33, 2022, s 137(5)\ndiv 6 hdg ins No. 7, 2025, s 6\ns 138 ins No. 7, 2025, s 6\nsch 1 ins No. 12, 2020, s 26\namd No. 33, 2022, s 85; No. 7, 2025, s 7\nsch 2 rep No. 50, 2004, s 13\nins No. 12, 2019, s 12\namd No. 12, 2020, s 27; No. 33, 2022, s 86; No. 7, 2025, s 8\nsch 3 ins No. 33, 2022, s 87\namd No. 7, 2025, s 9","sortOrder":202}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1984 Act focused primarily on granting exploration permits and production licences to encourage petroleum development while vesting ownership in the Crown (s.6) and providing basic environmental considerations. Its scope has grown substantially beyond this initial resource-extraction purpose through amendments: it now integrates detailed ecologically sustainable development principles (s.6A and Schedule 1), mandatory environment management plans and integrity requirements (Part III Subdivision 2), financial assurance frameworks with environmental and decommissioning securities (Part VC), monitoring/compliance and orphan well levies (Parts VD-VE), civil enforcement tools including injunctions and adverse publicity orders (Part VA), integration with native title and Aboriginal land negotiations (ss.13, 57AAC), and modern compliance mechanisms like audits, stop work notices, and Tribunal reviews (Part III Divisions 6-9). This reflects an evolution from a development-centric regime to a comprehensive regulatory framework balancing economic returns, environmental protection, community rights, and long-term resource management."},"complexity_factors":["Over 60 defined terms in the interpretation section (s.5), many cross-referencing other Acts like the Land Rights Act, Native Title Act, and Environment Protection Act 2019","Multiple layers of petroleum interests (exploration permits, retention licences, production licences, access authorities) with distinct application, renewal, and surrender processes (Parts II Divisions 2-5)","Nested conditional logic for grants, objections, reviews, and environmental approvals, including Schedule 1 decisions requiring ecologically sustainable development principles (s.6A)","Extensive cross-references to external legislation and regulations for environmental management plans, securities, levies, and native title procedures","Detailed enforcement regime spanning criminal offences (Part V), civil orders, injunctions, enforceable undertakings, audits, stop work notices, and inspector powers (Parts III, VA)","Transitional provisions across six divisions dealing with amendments from 2010 to 2025 (Part VII), plus datums, financial assurance, and codes of practice (Parts VB-VF)"],"plain_english_summary":"**The Petroleum Act 1984** regulates how petroleum (oil and gas) is explored for and produced in the Northern Territory of Australia.\n\nIt sets rules for granting permissions like exploration permits (to search for petroleum), retention licences (to hold onto discoveries that aren't ready for production yet), production licences (to extract and sell the resource), and access authorities (to enter areas for related work). The Act requires environmental protections, such as management plans to minimize harm, financial securities to cover cleanup costs, and adherence to **ecologically sustainable development** principles (development that meets today's needs without damaging the environment or future generations' opportunities).\n\nIt affects petroleum companies seeking to operate, landowners (including on Aboriginal land), environmental regulators, and the broader community. The Act matters because it aims to maximize economic benefits from the Territory's resources while preventing pollution, ensuring safe operations, protecting cultural sites, and providing mechanisms for disputes, enforcement, and rehabilitation of land after operations end."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act was originally a concise regulatory framework focused on granting petroleum interests and basic operational rules. Since 2010, amendments have dramatically expanded its scope to include: principles of ecologically sustainable development (Part IA), a mandatory requirement to consider these principles in key decisions; a comprehensive resource management plan system (Part III, Division 1, Subdivision 2) requiring three types of plans; an entire financial assurance framework (Part VC) with two types of securities; monitoring and compliance and orphan well levies (Parts VD and VE); codes of practice (Part VF); broad inspector powers, compliance directions, stop work notices, and audit powers (Part III, Divisions 6-9); a change-in-control regime for corporate holders (Part IVA); and expanded civil enforcement mechanisms (Part VA). These additions go well beyond the original purpose of merely regulating exploration and production, embedding substantial environmental, financial, and compliance regulatory functions."},"complexity_factors":["Length: over 200 sections plus 3 schedules and extensive endnotes","Over 70 defined terms in the interpretation section (s 5), including cross-references to other Acts","Multiple layers of conditional logic: eligibility for permits depends on compliance history, financial capacity, technical competence, and 'appropriate person' tests","Nested exceptions and defences in offence provisions (e.g., reasonable steps and due diligence defences, exemptions for emergencies)","Cross-references between Part II (grant of interests), Part III (plans, reports, compliance), Part VA (civil enforcement), and Part VC-VE (financial assurance, levies)","Incorporation of external standards and codes (e.g., 'good oilfield practice', approved codes of practice)","Complex transitional provisions across 6 divisions in Part VII, saving provisions from multiple amendment Acts","Two separate levy schemes (monitoring and compliance, orphan well) with their own calculation methods and reporting requirements","Parallel powers for Minister and Environment Minister, and CEO and Environment CEO, creating potential overlaps","Extensive use of regulations to prescribe detailed matters (fees, penalties, plan requirements), adding another layer of complexity"],"plain_english_summary":"The **Petroleum Act 1984** sets out the rules for exploring and producing petroleum (oil and gas) in the Northern Territory. Petroleum belongs to the Crown (the government) unless it has been produced from a well, at which point the interest holder owns it. The Act creates a system of **petroleum interests** – exploration permits, retention licences, production licences, and access authorities – that grant exclusive rights to search for and extract petroleum in defined areas.\n\n**How it works mechanically:**\n- **Exploration permits** give rights to explore for petroleum for up to 5 years, renewable twice. Permit holders must carry out a technical work program, pay annual fees, and comply with conditions. If a commercially viable discovery is made, the permittee is entitled to a production licence.\n- **Retention licences** are for areas where petroleum has been found but is not yet commercially viable. They last 5 years and can be renewed, but the holder must show why production is not yet viable.\n- **Production licences** allow recovery of petroleum. They last 21 or 25 years and are renewable. Licensees must submit field management plans, well operations management plans, and petroleum surface infrastructure plans, all requiring government approval.\n- **Access authorities** allow permittees or licensees to access land they do not hold to carry out operations.\n\n**Who it affects:** Companies and individuals in the oil and gas industry, landowners (whose land may be used for exploration and production), Aboriginal land councils and native title holders (special negotiation and consent provisions apply), and the general public through environmental protections.\n\n**Why it matters:** The Act is the legal foundation for the petroleum industry in the NT. It balances resource development with environmental protection and public interest by requiring detailed plans, environmental securities, compensation for landholders, and compliance with ecologically sustainable development principles. It also imposes levies to fund monitoring and orphan well remediation.\n\n**Key costs and trade-offs:** The Act imposes significant compliance burdens – plan approvals, annual reports, financial assurances, and strict liability offences for non-compliance. This raises barriers to entry for smaller operators, potentially reducing competition. The government retains wide discretionary powers (e.g., to grant or refuse permits, vary conditions, issue directions), which creates uncertainty for private investment. Levies and fees add direct costs to industry. On the other hand, the framework aims to prevent environmental harm and ensure the resource is developed efficiently. There is a risk that concentrated benefits (government revenue, industry profits) come with diffuse costs (compliance spread across firms, environmental risks borne by the public)."}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-act-1984","history":"/api/acts/petroleum-act-1984/history","analysis":"/api/acts/petroleum-act-1984/analysis","conflicts":"/api/acts/petroleum-act-1984/conflicts","importantCases":"/api/acts/petroleum-act-1984/important-cases","documents":"/api/acts/petroleum-act-1984/documents"}}