{"id":"petroleum-and-geothermal-energy-resources-registration-fees-act-1967","name":"Petroleum and Geothermal Energy Resources (Registration Fees) Act 1967","slug":"petroleum-and-geothermal-energy-resources-registration-fees-act-1967","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106094,"registerId":"wa-petroleum-and-geothermal-energy-resources-registration-fees-act-1967-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Petroleum and Geothermal Energy Resources (Registration Fees) Act 1967","content":"![Crest]()Western Australia\n\nPetroleum and Geothermal Energy Resources (Registration Fees) Act 1967\n\nWestern Australia\n\nPetroleum and Geothermal Energy Resources (Registration Fees) Act 1967\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Act read with *Petroleum and Geothermal Energy Resources Act 1967* 1\n\n4. Imposition of registration fees 1\n\n5. Regulations 5\n\nNotes\n\nCompilation table 6\n\nUncommenced provisions table 7\n\nOther notes 7\n\nDefined terms\n\n  \n\nWestern Australia\n\nPetroleum  and Geothermal Energy Resources (Registration Fees) Act 1967\n\nAn Act to provide for the payment of fees in respect of the registration of certain instruments under the *Petroleum and Geothermal Energy Resources Act 1967*.\n\n[Long title amended: No. 35 of 2007 s. 103(2).]\n\n##### 1. Short title\n\nThis Act may be cited as the *Petroleum and Geothermal Energy Resources (Registration Fees) Act 1967*.\n\n[Section 1 amended: No. 35 of 2007 s. 103(3).]\n\n##### 2. Commencement\n\nThis Act shall come into operation on a date to be fixed by proclamation.\n\n##### 3. Act read with *Petroleum and Geothermal Energy Resources Act 1967*\n\nThe *Petroleum and Geothermal Energy Resources Act 1967* is incorporated and shall be read as one with this Act.\n\n[Section 3 amended: No. 35 of 2007 s. 103(4).]\n\n##### 4. Imposition of registration fees\n\n(1) In this section, title means a permit, drilling reservation, lease, licence or access authority.\n\n(2) Subject to this section, there is payable to the Minister in respect of an entry in the Register of a memorandum of the transfer of a title under section 72 of the *Petroleum and Geothermal Energy Resources Act 1967* a fee at the rate of 1.5% of —\n\n(a) the value of the consideration for the transfer; or\n\n(b) the value of the title transferred,\n\nwhichever is the greater or, if the amount of that fee is less than the prescribed amount, a fee of the prescribed amount.\n\n(3) Where —\n\n(a) a fee imposed by this Act, as in force at any time, in respect of an entry of approval of an instrument or dealing, being a dealing or instrument pursuant to which the transfer of a title is agreed to, has been paid; and\n\n(b) but for this subsection, the amount of the fee imposed by subsection (2) in respect of the entry of a memorandum of the transfer of the title, being a transfer executed for the purpose of giving effect to the dealing or instrument referred to in paragraph (a), would be greater than the prescribed amount,\n\nthe amount of the fee imposed by subsection (2) in respect of the entry of the memorandum of the transfer is the prescribed amount.\n\n(4) Where —\n\n(a) the parties to a transfer of a title lodged for approval under section 72 of the *Petroleum and Geothermal Energy Resources Act 1967* satisfy the Minister that —\n\n(i) they are related bodies corporate within the meaning of the *Corporations Act 2001* of the Commonwealth;\n\n(ii) the transfer was executed solely for the purpose of a reorganization of the corporations concerned or any of them or solely for the purpose of securing the better administration of the corporations concerned or any of them; and\n\n(iii) the transfer was not executed substantially for the purpose of avoiding or reducing the registration fees that would, but for this subsection, be payable under subsection (2) in respect of the entry of a memorandum of the transfer;\n\nand\n\n(b) but for this subsection, the amount of the fee imposed by subsection (2) in respect of the entry of the memorandum of the transfer of the title would be more than the prescribed amount,\n\nthe amount of the fee imposed by subsection (2) in respect of the entry of the memorandum of the transfer is the prescribed amount.\n\n(5) Subject to this section, there is payable to the Minister in respect of an entry in the Register of the approval of a dealing under section 75 of the *Petroleum and Geothermal Energy Resources Act 1967* a fee at the rate of 1.5% of —\n\n(a) the value of the consideration for the dealing or, if the Minister approves the dealing in relation to another title or titles, an amount equal to the value of the consideration for the dealing divided by the number of titles in relation to which the dealing is approved; or\n\n(b) in a case where —\n\n(i) the value of the interest in a title is greater than the amount applicable under paragraph (a);\n\n(ii) the dealing has an effect of the kind referred to in section 75(1)(a), (b) or (d) of the *Petroleum and Geothermal Energy Resources Act 1967*; and\n\n(iii) the Minister is satisfied that the dealing was not made pursuant to another dealing or an instrument, being a dealing or instrument that relates to that title and in respect of an entry of approval of which a fee has been paid under this Act, as in force at any time,\n\nthe value of the interest.\n\n(6) Where —\n\n(a) but for this subsection, the amount of the fee imposed by subsection (5) in relation to an entry of approval of a dealing would be less than the prescribed amount; or\n\n(b) an approval under section 75 of the *Petroleum and Geothermal Energy Resources Act 1967* is given in respect of a dealing that is a dealing to which that section of that Act applies by reason only that the dealing creates, varies or terminates a charge over some or all of the assets of a body corporate,\n\nthe amount of the fee imposed by subsection (5) in respect of the entry of that approval is the prescribed amount.\n\n(7) Where —\n\n(a) the parties to a dealing lodged for approval under section 75 of the *Petroleum and Geothermal Energy Resources Act 1967* satisfy the Minister that —\n\n(i) they are related bodies corporate within the meaning of the *Corporations Act 2001* of the Commonwealth;\n\n(ii) the dealing was entered into solely for the purpose of a reorganization of the corporations concerned or any of them or solely for the purpose of securing the better administration of the corporations concerned or any of them;\n\nand\n\n(iii) the dealing was not entered into substantially for the purpose of avoiding or reducing the registration fees that would, but for this subsection, be payable under subsection (5) in respect of the entry of approval of the dealing;\n\nand\n\n(b) but for this subsection, the amount of the fee imposed by subsection (5) in relation to the entry of approval of the dealing would be more than the prescribed amount,\n\nthe amount of the fee imposed by subsection (5) in respect of the entry of approval of that dealing is the prescribed amount.\n\n(8) For the purposes of calculating the amount of the fee imposed by subsection (5) in respect of an entry of approval of a dealing, the value, as determined by the Minister, of any exploration works to be carried out pursuant to the dealing, being works that were, at the time when the application for approval of the dealing was lodged, required or permitted to be carried out by or under the relevant title, shall be deducted from the value of the consideration for the dealing or from the value of the interest in the relevant licence, as the case requires.\n\n[Section 4 inserted: No. 14 of 1990 s. 4; amended: No. 28 of 1994 s. 78; No. 20 of 2003 s. 37(2); No. 35 of 2007 s. 103(5).]\n\n##### 5. Regulations\n\nThe Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.\n\n[Section 5 inserted: No. 14 of 1990 s. 5.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Petroleum and Geothermal Energy Resources (Registration Fees) Act 1967* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Short title** | | **Number and year** | | **Assent** | | **Commencement** |\n| --- | --- | --- | --- | --- | --- | --- |\n| *Petroleum (Registration Fees) Act 1967* 2 | | 77 of 1967 | | 11 Dec 1967 | | 5 Sep 1969 (see s. 2 and *Gazette* 5 Sep 1969 p. 2540) |\n| *Acts Amendment (Mining) Act 1981* Pt. IV | | 69 of 1981 | | 30 Oct 1981 | | 30 Oct 1981 |\n| *Companies (Consequential Amendments) Act 1982* s. 28 | | 10 of 1982 | | 14 May 1982 | | 1 Jul 1982 (see s. 2(1) and *Gazette* 25 Jun 1982 p. 2079) |\n| **Reprint of the *Petroleum (Registration Fees) Act 1967* approved 3 Aug 1983** (includes amendments listed above) | | | | | | |\n| *Petroleum (Registration Fees) Amendment Act 1990* 1 | | 14 of 1990 | | 31 Jul 1990 | | 1 Oct 1990 (see s. 2 and *Gazette* 28 Sep 1990 p. 5099) |\n| **Reprint of the *Petroleum (Registration Fees) Act 1967* as at 16 Jan 1992** (includes amendments listed above) | | | | | | |\n| *Acts Amendment (Petroleum) Act 1994* Pt. 5 | | 28 of 1994 | | 29 Jun 1994 | | 22 Jul 1994 (see s. 2 and *Gazette* 22 Jul 1994 p. 3728) |\n| *Corporations (Consequential Amendments) Act (No. 2) 2003* Pt. 17 | | 20 of 2003 | | 23 Apr 2003 | | 15 Jul 2001 (see s. 2(1) and Cwlth *Gazette* 13 Jul 2001 No. S285) |\n| **Reprint 3: The *Petroleum (Registration Fees) Act 1967* as at 19 Sep 2003** (includes amendments listed above) | | | | | | |\n| *Petroleum Amendment Act 2007* s. 103 | 35 of 2007 | | 21 Dec 2007 | | 19 Jan 2008 (see s. 2(b) and *Gazette* 18 Jan 2008 p. 147) | |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website.\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Petroleum Legislation Amendment Act 2024* Pt. 5 Div. 9 | 17 of 2024 | 14 May 2024 | To be proclaimed (see s. 2(b)) |\n\n\nOther notes\n\n1 The *Petroleum (Registration Fees) Amendment Act 1990* s. 6 reads as follows:\n\n“\n\n6. Application of principal Act\n\nThe principal Act continues to apply in relation to transfers to which section 72 of the *Petroleum Act 1967* continues to apply by virtue of the operation of section 56(3) of the *Acts Amendment (Petroleum) Act 1990*.\n\n”.\n\n2 Now known as the *Petroleum and Geothermal Energy Resources (Registration Fees) Act 1967*; short title changed (see note under s. 1)\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ntitle 4(1)\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act continues to do what it was originally enacted to do: impose fees for registration and approval of instruments relating to petroleum titles. Amendments over time have updated terminology (to include geothermal titles and 'access authority'), added practical rules (e.g. caps where an approval fee was paid, intra-group reorganisation caps, and a deduction for exploration works), and linked the Act to newer Commonwealth definitions (Corporations Act). Those are refinements to the original revenue-and-registration purpose rather than a material expansion of the Act’s scope beyond its foundational intent (see s.1, s.3, s.4 as amended)."},"complexity_factors":["Short Act: 5 substantive sections (including regulation power)","Only 1 defined term within the Act itself ('title' in s.4(1))","Cross-references to multiple external provisions: Petroleum and Geothermal Energy Resources Act 1967 (s.72, s.75) and Corporations Act 2001 (for related bodies corporate tests)","Several conditional and nested subsections (s.4(2) through s.4(8)) implementing caps and exceptions","Numeric formula with floors and alternatives (1.5% of consideration or value; prescribed minimum)","Ministerial discretion to determine the value of exploration works (s.4(8)), creating interpretive complexity","Dependency on an externally prescribed amount (the 'prescribed amount') set by regulations or other instruments"],"plain_english_summary":"**What this law does (mechanically)**\n\n- The Act imposes fees when certain petroleum or geothermal titles are registered or when approvals for dealings in those titles are entered in the official Register (see s.4(1), s.4(2), s.4(5)).\n\n- The basic rate for those registration fees is 1.5% of either the consideration paid for the transfer/dealing or the value of the title/interest, whichever is greater (s.4(2), s.4(5)).\n\n- No fee may be less than a minimum amount set elsewhere (the “prescribed amount”); where the calculated 1.5% is below that minimum, the minimum applies instead (s.4(2), s.4(6)(a)).\n\n- If a fee has already been paid for approval of a dealing that effectively causes a later transfer, the subsequent transfer fee is capped at the prescribed minimum (s.4(3)).\n\n- Transfers or dealings among related bodies corporate that are done solely for reorganisation or better administration (and not substantially to avoid fees) may also be capped at the prescribed minimum, provided the parties satisfy the Minister of those facts (s.4(4), s.4(7)).\n\n- When calculating the fee for approval of a dealing, the Minister may deduct the value of any exploration works that the dealing requires or permits under the title (s.4(8)). The Minister determines that value.\n\n- The Act is to be read together with the Petroleum and Geothermal Energy Resources Act 1967 (s.3). The Governor may make regulations to implement the Act (s.5).\n\n**Who this affects**\n\n- Companies and individuals who hold, transfer, lease, license, or otherwise deal with petroleum or geothermal titles (the Act defines “title” to mean permit, drilling reservation, lease, licence or access authority — s.4(1)).\n\n- Related corporate groups that reorganise holdings of those titles and anyone lodging instruments for approval or registration under the referenced Petroleum and Geothermal Energy Resources Act provisions (see s.72 and s.75 of that Act as referenced in s.4).\n\n- The State (the fees are payable to the Minister) and the regulatory administration that must determine values and approve claims made under the Act (s.4(2), s.4(8)).\n\n**Why it matters (purpose claims and practical effects)**\n\n- The statute’s explicit purpose is revenue-raising for the State by charging for registration/approval of transfers and dealings in petroleum and geothermal titles (mechanism: a percentage fee on value; see s.4(2), s.4(5)).\n\n- The Act also contains mechanical anti-avoidance features: it limits fee reductions where a dealing approval fee has already been paid (s.4(3)), and it permits a reduced fee for intra-group reorganisations only if parties prove the reorganisation is not substantially for fee-avoidance (s.4(4), s.4(7)). Those are procedural limits — the Minister must be satisfied of the claimed purpose.\n\n**Practical costs, incentives and trade-offs**\n\n- Who pays and when: the party lodging the entry for registration or approval will bear the fee obligation; fees are payable to the Minister on entry in the Register (s.4(2), s.4(5)). This increases the transaction cost of transfers and dealings in titles.\n\n- Effect on private enterprise and contract freedom: the fee raises the nominal cost of transferring or dealing with titles, which can affect the structuring and timing of transactions (mergers, asset sales, security arrangements). Parties may alter deal structure to control fee exposure, subject to the Act’s anti-avoidance conditions (s.4(3), s.4(4), s.4(7)).\n\n- Administration and discretion risk: the Minister has a discretionary role in valuing exploration works to be deducted from consideration when computing the fee (s.4(8)). That discretion creates potential valuation uncertainty and may lead to disputes about fee calculations.\n\n- Compliance burden: claimants seeking the intra-group cap must demonstrate relatedness, reorganisation/administration purpose, and absence of fee-avoidance to the Minister’s satisfaction (s.4(4), s.4(7)). That requires documentary proof and administrative interaction.\n\n- Substitution and avoidance possibilities: the Act reduces some clear avoidance paths by capping fees only where conditions are met, but parties may still try alternative structuring that changes the taxable base (for example allocating consideration components), subject to regulator scrutiny (s.4(2), s.4(8)).\n\n- Concentrated benefits vs diffuse costs: benefits (fee revenue) accrue directly to the State; costs are spread across all parties transacting in titles. The Act centralises collection and valuation decisions with the Minister and the regulatory process.\n\n**Operational items to watch**\n\n- The prescribed minimum fee is important in practice but is set outside the text shown (s.4(2), s.4(6)).\n\n- The Minister’s method for valuing exploration works (s.4(8)) and the evidentiary threshold for demonstrating related-corporate reorganisations (s.4(4), s.4(7)) are likely to determine how frequently the minimum cap applies and how many disputes arise.\n\n**Key sections cited**: definition of title (s.4(1)); transfer fee formula and minimum (s.4(2)); cap where dealing-approval fee already paid (s.4(3)); related-corporate reorganisation cap (s.4(4), s.4(7)); dealing-approval fee formula and exploration-work deduction (s.4(5), s.4(8)); regulations (s.5); read-with provision linking to the Petroleum and Geothermal Energy Resources Act 1967 (s.3)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient information available to assess whether the scope of this Act changed from its original intent. The legislative text is inaccessible. Based on the title alone, the Act appears to have remained focused on its original administrative purpose of prescribing registration fees, though the addition of 'Geothermal Energy Resources' to the title suggests the scope was expanded at some point beyond the original petroleum-only focus."},"complexity_factors":["Registration fees Acts are typically among the simplest legislative instruments — they usually contain short schedules of prescribed fees","The subject matter (resource registration fees) is administratively straightforward","However, the underlying resource licensing framework (petroleum and geothermal) can add contextual complexity for those unfamiliar with the sector","Complexity cannot be fully assessed due to unavailability of the actual legislative text — score may be understated"],"plain_english_summary":"This Act governs the registration fees charged for petroleum and geothermal resource titles in Western Australia — effectively setting the costs for registering licences, permits or leases and so affecting companies and individuals involved in oil, gas and geothermal exploration or production.\n\nThe statute’s text is currently unavailable online, so specific fee amounts and details should be confirmed from the WA Parliamentary Counsel or the official legislation website."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted as the Petroleum (Registration Fees) Act 1967, the legislation was expanded by the Petroleum Amendment Act 2007 to cover geothermal energy resources in addition to petroleum. This significantly broadened the scope beyond the original petroleum-only focus to capture an entirely different class of energy resources (geothermal), reflecting evolving energy policy but extending the Act's reach well beyond its 1967 origins."},"complexity_factors":["Nested conditional logic in fee calculations (subsections 4(2)-4(8) contain multiple layers of 'if/then' conditions)","Cross-references to the Petroleum and Geothermal Energy Resources Act 1967 (sections 72 and 75) and the Commonwealth Corporations Act 2001","Dual calculation bases for fees (percentage of consideration vs. value of title/interest, with 'greater of' comparisons)","Multiple exception provisions for related body corporate transfers (subsections 4(4) and 4(7)) requiring three-part tests","Anti-avoidance provisions requiring Ministerial satisfaction about purpose of transactions","Only 1 defined term ('title' in section 4(1)), but conceptually relies on undefined terms from companion legislation","Regulation-making power (section 5) leaves key monetary thresholds ('prescribed amount') to subordinate legislation"],"plain_english_summary":"This Western Australian law sets out the fees payable when certain documents are registered under the Petroleum and Geothermal Energy Resources Act 1967.\n\n**What it does:**\n- **Charges fees for transfers:** When someone transfers ownership of a petroleum or geothermal title (such as a permit, lease, or licence) to another party, a fee of 1.5% of the transaction value must be paid to the Minister. If 1.5% is less than a minimum amount set by regulations, the minimum amount applies instead.\n- **Charges fees for dealings:** When companies enter into certain agreements or arrangements (\"dealings\") affecting these titles—such as creating interests or charges over them—a similar 1.5% fee applies, again subject to a minimum fee.\n\n**Who it affects:**\n- Companies and individuals involved in buying, selling, or restructuring interests in Western Australian petroleum or geothermal energy projects.\n- Related companies (corporate groups) that transfer titles between themselves as part of reorganizations.\n\n**Key concessions:**\n- **Related companies:** If related companies transfer titles or enter dealings purely for internal reorganization or better administration—and not mainly to avoid fees—they pay only the minimum prescribed fee rather than 1.5% of the value.\n- **Exploration works:** When calculating fees for dealings, the value of required exploration work can be deducted from the transaction value.\n- **Avoiding double-dipping:** If a fee was already paid on an earlier agreement that led to the current transfer, the fee is capped at the minimum prescribed amount.\n\n**Why it matters:**\nThis law ensures the State receives revenue from commercial transactions involving valuable energy resources, while providing sensible exceptions for genuine corporate reorganizations and preventing double taxation on sequential transactions."}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-and-geothermal-energy-resources-registration-fees-act-1967","history":"/api/acts/petroleum-and-geothermal-energy-resources-registration-fees-act-1967/history","analysis":"/api/acts/petroleum-and-geothermal-energy-resources-registration-fees-act-1967/analysis","conflicts":"/api/acts/petroleum-and-geothermal-energy-resources-registration-fees-act-1967/conflicts","importantCases":"/api/acts/petroleum-and-geothermal-energy-resources-registration-fees-act-1967/important-cases","documents":"/api/acts/petroleum-and-geothermal-energy-resources-registration-fees-act-1967/documents"}}