{"id":"C1926L00045","name":"Petroleum Prospecting Regulations 1926","slug":"petroleum-prospecting-regulations-1926","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"45 of 1926","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":21168,"registerId":"commonwealth-C1926L00045-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Petroleum Prospecting Regulations 1926","content":"STATUTORY RULES.\n\n1926\\. No. 45.\n\nREGULATIONS UNDER THE PETROLEUM PROSPECTING ACT 1926.\n\nI, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Petroleum Prospecting Act 1926, to come into operation forthwith.\n\nDated the sixteenth day of April, 1926.\n\nSTONEHAVEN,\n\nGovernor-General.\n\nBy His Excellency’s Command,\n\nG. F. PEARCE,\n\nMinister of State for Home and Territories.\n\nPETROLEUM PROSPECTING REGULATIONS.\n\nPart I.—Preliminary.\n\nShort title.\n\n1\\. These Regulations may be cited as the Petroleum Prospecting Regulations 1926.\n\nParts.\n\n2\\. These Regulations are divided into Parts as follows:—\n\nPart I.—Preliminary.\n\nPart II.—Advances for the purpose of testing holdings.\n\nPart III.—Advances in connexion with geological surveys.\n\nDefinition.\n\n3\\. In these Regulations, unless the contrary intention appears, “the Act” means the Petroleum Prospecting Act 1926.\n\nPart II.—Advances for the Purpose of Testing Holdings.\n\nDefinitions.\n\n4\\. In this Part, unless the contrary intention appears—\n\n“advance” means an advance under paragraph (a) of sub-section (1.) of section 4 of the Act;\n\n“applicant” means an applicant for an advance;\n\n“approved area” means an area approved by the Minister;\n\n“approved site” means a site selected or approved by a person thereto authorized in writing by the Minister;\n\n“bore” means a bore for the purpose of obtaining oil.\n\nApplication for advances.\n\n5\\. (1) An application for an advance shall be in accordance with Form 1 or Form 2 in the Schedule to these Regulations, as the case requires, and shall be supported by statutory declaration.\n\n(2) Where an application is made by a company, the application shall be made in the name of the company and signed by the Secretary or other proper officer of the company, and the statutory declaration shall be made by the Secretary or other proper officer of the company.\n\n \n\n(3) An application by a company shall be accompanied by a copy of its latest balance-sheet, certified by the auditor of the company, together with a statement, certified correct by the auditor of the company, of the financial position of the company at the date of the application.\n\n(4) Where the applicant is a person, he shall furnish to the Minister such information as regards his financial position as the Minister requires.\n\nPowers of Minister with respect to applications.\n\n6\\. The Minister may grant or refuse any application or require the applicant to furnish such further information as the Minister thinks fit, and, on receipt of that further information, may grant or refuse the application.\n\nAdvance payable in accordance with agreement.\n\n7. (1) Where the Minister grants an application, the advance shall not be payable to the applicant and the applicant shall not be entitled to receive the advance unless and until he enters into an agreement with the Minister in respect of the payment of the advance to which the application relates.\n\n(2) The agreement shall include provisions to the following effect:—\n\n(a) That the total amount of the advance payable to the applicant shall not exceed the amount specified in the agreement;\n\n(b) That the amount of the advance payable in respect of any particular item of expenditure shall not exceed the amount specified in the agreement as payable in respect of that item unless the Minister otherwise approves;\n\n(c) That the books of the applicant shall be made available for examination, if and when required, by a person thereto authorized in writing by the Minister;\n\n(d) That the applicant shall submit to the Minister once in every month a report, together with weekly well logs, in accordance with Form 3 in the Schedule to these Regulations, showing the progress made with the sinking of the bore, the nature of the strata passed through and such other particulars as the Minister requires, together with samples of the rock taken from the bore, as required from time to time;\n\n(e) That provision to the satisfaction of the Minister shall be made for the shutting off of water from the bore where necessary;\n\n(f) That the advance shall be repayable with interest, upon the receipt by the applicant of any profits from his holding, the repayment and interest to be a first charge on all such profits until the advance and interest are repaid; and\n\n(g) That the payment of the advance shall be discontinued if oil is struck in such quantities as will, in the opinion of the Minister, enable the applicant to make a profit from his holding, or if the applicant fails to comply, to the satisfaction of the Minister, with any provision of the agreement or of the Act or these Regulations or of the laws (if any) relating to boring for oil in force in the State in which the bore is being sunk, or if the Minister considers that the applicant is not satisfactorily pursuing boring operations,\n\nand such other provisions as the Minister considers necessary or desirable.\n\n \n\nTerms of payment of advance.\n\n8\\. (1) Subject to the next succeeding regulation, the advance shall be payable at the rate of One pound for every Two pounds expended by the applicant (whether before or after the coming into force of the agreement referred to in regulation 7 of these Regulations) in connexion with the sinking of a bore in an approved area at a site selected or approved by a person thereto authorized by the Minister, and within the limits specified in the agreement in respect of the following matters;—\n\n(a) The cost of erection, at the approved site, of plant machinery and buildings (excluding the cost of materials);\n\n(b) The cost of repairs to any such plant, machinery or buildings; which the Minister is satisfied are necessary, during the period in which operations in connexion with the sinking of the bore are in progress, including depreciation, at a rate approved by the Minister, of any such plant, machinery or buildings;\n\n(c) The cost of casing actually fixed in the bore, and of any reserve stock of casing approved by the Minister;\n\n(d) The cost of transportation, within the State in which the bore is being or to be sunk, to the approved site, of any such plant, or machinery, or materials for the, erection of any such building, or any such casing;\n\n(e) The cost of procuring supplies of fuel and water;\n\n(f) The cost of stores consumed on the holding; and\n\n(g) The salaries and wages of the manager and his staff.\n\n(2) The advance shall not be payable in respect of any expenditure by the applicant in connexion with the maintenance of any administrative organization.\n\n(3) Instalments of the advance shall be payable from time to time according to the expenditure incurred by the applicant and only on the receipt by the Minister from the applicant of receipted vouchers in respect of that expenditure.\n\nWhere expenditure has been incurred before commencement of regulations.\n\n9\\. (1) Where, prior to the commencement of these Regulations, any person or company has incurred expenditure on boring operations at a site which is subsequently selected as an approved site in an approved area, the Minister may, for the purpose of enabling the person or company to proceed with boring operations, make an advance, by such instalments as he thinks fit, of an amount not greater than the amount of expenditure incurred prior to the commencement of these Regulations in respect of the matters specified in the last preceding regulation.\n\n(2) For the purposes of this regulation Forms 1 and 2 in the Schedule to these Regulations may be altered in such manner as circumstances require.\n\nPart III.—Advances in Connexion with Geological Surveys.\n\nDefinition.\n\n10\\. In this Part, unless the contrary intention appears—\n\n“advance” means an advance under paragraph (b) of sub-section (1.) of section 4 of the Act.\n\nAdvances to State Governments.\n\n11\\. Any advance made to a State Government shall be at the rate of One pound for every One pound provided by the State Government for the purpose of making geological surveys.\n\n \n\nTHE SCHEDULE.\n\n———\n\nForm 1.\n\nCommonwealth of Australia.\n\nSTATUTORY DECLARATION.\n\n(a) Insert full name of applicant.\n\n(b) Insert address.\n\n(c) Insert occupation.\n\n(d) Specify area in which search is being carried out.\n\nI(a) of (b)\n\nin the State of\n\n(c)\n\ndo solemnly and sincerely declare as follows:—\n\n1\\. I am engaged in the search for oil in (d)\n\nin the State of\n\n2\\. My holding is situated at\n\nin the said State, and I propose to sink a bore in the locality known as ,\n\nat the spot indicated on the attached map.\n\nI hereby apply for the payment to me of an advance of £\n\nunder section 4 (1.) (a) of the Petroleum Prospecting Act 1926 for the purpose of testing my holding:\n\nAnd I do further solemnly and sincerely declare as follows:—\n\n3\\. The total estimated amount of expenditure in connexion with the sinking of a bore on my holding is £ , which is made up as follows:—\n\n£ s. d.\n\n(a) Cost of erection of plant, machinery and buildings,.......................\n\n(b) Cost of repairs to plant, machinery and buildings (including depreciation),......\n\n(c) Cost of casing to be actually fixed in bore,..............................\n\n(d) Cost of reserve stock of easing,.....................................\n\n(e) Cost of transportation, within State in which bore is situated, to site of bore, of plant, machinery, materials for buildings and casing,\n\n(f) Cost of procuring fuel and water,.....................................\n\n(g) Cost of stores consumed on field,....................................\n\n(h) Salaries and wages of manager and staff (details to be attached)..............\n\n4\\. I hold from the State of the exclusive right to prospect for oil in the area to which the above application relates.\n\n5\\. I have in my employ a manager and a staff of drillers capable of efficiently carrying on the work of boring and of coping with the difficulties usually associated therewith.\n\n(e) In the case of applications under regulation 9, this paragraph should be omitted.\n\n6\\. (e) I have in my possession funds which, together with the amount of the advance applied for above, are estimated as sufficient to enable me to sink the bore to a minimum depth of feet.\n\nAnd I make this solemn declaration by virtue of the Statutory Declarations Act 1911—1922 conscientiously believing the statements contained therein to be true in every particular.\n\n(f) Signature of person making declaration.\n\n![](image.001.png)(f) Declared at\n\non the day of One\n\nthousand nine hundred and\n\nBefore me—\n\n(g) Signature of person before whom declaration is made.\n\n(g)\n\n(h) Here insert title of person before whom declaration is made. That person must be a Police, Stipendiary, or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, a Commissioner for Declarations, or a Notary Public.\n\n(g)\n\n(h)\n\nNote.—Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.\n\n \n\nForm 2.\n\nCommonwealth of Australia.\n\nPetroleum Prospecting Act 1926.\n\nAPPLICATION BY COMPANY FOR ADVANCE UNDER SECTION 4 (1.) (a).\n\n(a) Insert name of company.\n\n(b) Insert address of head office of company.\n\nThe (a)\n\nof (b)\n\nin the State of hereby applies for the payment to the said company of an advance of £ under section 4 (1.) (a) of the Petroleum Prospecting Act 1926 for the purpose of testing the holding of the said company.\n\nDated this day of 19\n\n(c) Signature of Secretary or other proper officer.\n\n(d) Title of person signing.\n\n(c)\n\n(d)\n\n——\n\nStatutory Declaration.\n\n(a) Insert full name of declarant.\n\n(b) Insert adress.\n\n(c) Insert “Secretary” or title of other proper officer making declaration.\n\n(d) Insert name of company.\n\n(e) Insert address of head office of company.\n\n(f) Specify area in which search is being carried out.\n\nI (a)\n\nof (b)\n\nin the State of do solemnly and sincerely declare as follows:—\n\n1\\. I am the (c)\n\nof the (d)\n\nof (e)\n\nhereinafter referred to as “the Company.”\n\n2\\. The Company is engaged in the search for oil in (f)\n\nin the State of\n\n3\\. The Company proposes to sink a bore in the locality known as at the spot indicated on the attached map.\n\n4\\. The total estimated amount of expenditure in connexion with the sinking of a bore on the holding of the Company is £ which is made up as follows:—\n\n£ s. d.\n\n(a) Cost of erection of plant, machinery and buildings........................\n\n(b) Cost of repairs to plant, machinery and buildings (including depreciation).......\n\n(c) Cost of casing to be actually fixed in bore..............................\n\n(d) Cost of reserve stock of casing......................................\n\n(c) Cost of transportation, within State in which bore is situated, to site of bore, of plant, machinery, materials for building and casing\n\n(f) Cost of procuring fuel and water.....................................\n\n(g) Cost of stores consumed on field....................................\n\n(h) Salaries and wages of manager and staff (details to be attached)..............\n\n5\\. The Company holds from the State of the exclusive right to prospect for oil in the area to which the above application relates.\n\n6\\. The Company has in its employ a manager and a staff of drillers capable of efficiently carrying on the work of boring and of coping with the difficulties usually associated therewith.\n\n(g) In the case of applications under regulation 9, this paragraph should be omitted.\n\n7\\. (g) The Company has in its possession funds which, together with the amount of the advance applied for above, are estimated as sufficient to enable the Company to sink the bore to a minimum depth of feet.\n\nAnd I make this solemn declaration by virtue of the Statutory Declarations Act 1911—1922 conscientiously believing the statements contained therein to be true in every particular.\n\n(h) Signature of person making declaration.\n\n![](image.001.png)(f) Declared at\n\non the day of One\n\nthousand nine hundred and\n\nBefore me\n\n(i) Signature of person before whom declaration is made.\n\n(j) Here insert title of person before whom declaration is made. That person must be a Police, Stipendiary, or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, a Commissioner for Declarations, or a Notary Public.\n\n(i)\n\n(j)\n\nNote.—Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.\n\n \n\nForm 3.\n\nCommonwealth of Australia.\n\nPetroleum Prospecting Act 1926.\n\nBORING LOG OF WELL.\n\nName of Person or Company...................................................................................................................\n\nLocation of Area......................................................................................................................................\n\nWell No.................................................Situated at..................................................................................\n\nWeek ended.............................................................................................................................................\n\n```html\n

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\n```\n\nPrinted and Published for the Government of the Commonwealth of Australia by H. J, Green, Government Printer for the State of Victoria.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulations implement procedural details for advances authorised by section 4 of the Petroleum Prospecting Act 1926: Part II covers advances for testing holdings (advances under s.4(1)(a)) and Part III covers advances for geological surveys (s.4(1)(b)). They prescribe forms, rates, reporting, repayment and inspection rules (regulations 3; 4; 7–9; 10–11; Schedule) but do not expand the substantive types of power granted in the Act."},"complexity_factors":["Detailed application and disclosure requirements for individuals and companies, including statutory declarations and audited balance‑sheets (regulation 5(1)–(4); Forms 1–2).","Ministerial discretion to grant or refuse applications, require further information, and impose or discontinue advance payments (regulation 6; regulation 7(2)(g)).","Prescribed contractual terms attaching to any advance: caps by item and total, books inspection, monthly reports and weekly well logs, water‑shutoff provisions, and repayment with interest as a first charge on profits (regulation 7(1)–(2)(a)–(g); Form 3).","Specified payment mechanics and eligible expenditure categories, with exclusions (rate £1 per £2 of expenditure for private applicants; eligible items listed; administrative costs excluded) and requirement for receipted vouchers (regulation 8(1)–(3); regulation 8(2)).","Provisions for prior expenditure incurred before the Regulations commenced and flexibility to alter forms where necessary (regulation 9).","Separate, simpler matching arrangement for State Governments for geological surveys (regulation 11)."],"plain_english_summary":"These Regulations set out how the Commonwealth will make, monitor and recover financial advances for oil prospecting under the Petroleum Prospecting Act 1926. Applicants (individuals or companies) must use specified forms and give financial information; the Minister decides approvals, may inspect books and stop payments; the Regulations fix advance rates (Commonwealth pays £1 for every £2 spent by private applicants; States are matched pound‑for‑pound) and make advances repayable from future profits as a first charge."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2535},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: implementing a specific financial assistance scheme under the Petroleum Prospecting Act 1926. Part II covers advances for drilling operations by private holders, while Part III covers geological survey advances to State governments. No evidence of scope creep beyond these two clearly defined funding mechanisms."},"complexity_factors":["Bipartite structure with different matching ratios for private drilling (1:2) versus state surveys (1:1)","Seven distinct categories of eligible expenditure plus explicit exclusions (administrative costs)","Multiple ministerial discretion points (approval of applications, approval of sites, approval of depreciation rates)","Conditional repayment triggers linked to profitability and operational compliance","Detailed documentary requirements including statutory declarations, audited financials, and weekly boring logs"],"plain_english_summary":"These regulations create a Commonwealth subsidy scheme to share the cost of oil exploration in Australia, aiding state geological surveys and private prospectors. The Crown matches drilling outlays at £1 for every £2 spent and matches state survey spending 1:1.\n\nApplicants use prescribed forms, supply audited or demonstrative finances, and, if approved by the Minister, enter an agreement with reporting, inspection rights, and repayment terms: advances are loans repaid from future field profits (with the government taking first claim) and cease if profitable oil is found or conditions are breached."}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-prospecting-regulations-1926","history":"/api/acts/petroleum-prospecting-regulations-1926/history","analysis":"/api/acts/petroleum-prospecting-regulations-1926/analysis","conflicts":"/api/acts/petroleum-prospecting-regulations-1926/conflicts","importantCases":"/api/acts/petroleum-prospecting-regulations-1926/important-cases","documents":"/api/acts/petroleum-prospecting-regulations-1926/documents"}}