{"id":"petroleum-registration-fees-act-1967","name":"Petroleum (Registration Fees) Act 1967","slug":"petroleum-registration-fees-act-1967","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106113,"registerId":"wa-petroleum-registration-fees-act-1967-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Petroleum (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":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the legislative text was not retrievable. The title suggests a narrow, specific purpose (registration fees for petroleum interests) that is unlikely to have dramatically shifted in scope, though fee structures may have been updated over time."},"complexity_factors":["Insufficient legislative text available to properly assess complexity","Registration fees acts are typically straightforward in structure — they set fees and identify who pays them","1967 vintage legislation may have been amended multiple times, potentially adding complexity","Interaction with broader petroleum licensing framework (Petroleum and Geothermal Energy Resources Act 1967) could add complexity"],"plain_english_summary":"This Act governs the payment of registration fees for petroleum-related licences and interests in Western Australia. It affects companies and individuals involved in petroleum exploration, drilling or production by setting which registrations attract fees and how those fees are determined.\n\nFor the current authoritative text, consult the WA Legislation website."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded from its original petroleum focus to explicitly cover geothermal energy resources. The long title and short title were amended (see note under s1 and long title amended: No. 35 of 2007), and the Act is to be read with the Petroleum and Geothermal Energy Resources Act 1967 (s3). Compilation notes also record later amendments and an uncommenced 2024 amendment (uncommenced provisions table)."},"complexity_factors":["Multiple alternative bases for fee calculation (1.5% of consideration or of title value; choose the greater) (s4(2),(5))","Prescribed minimum fee overrides lower calculated fees and caps higher fees in specified circumstances (s4(2),(3),(6),(7))","Special exceptions and caps where related bodies corporate reorganise or where prior fees for related approvals have been paid (s4(3),(4),(7))","Ministerial determinations and satisfactions affect valuation, deductions (exploration works) and application of exceptions — introduces administrative discretion (s4(5),(8),(4)(a)(iii),(7)(a)(iii))","Interplay with other statute provisions (entries under sections 72 and 75 of the Petroleum and Geothermal Energy Resources Act 1967) creates cross‑referencing complexity (s3, s4)","Regulations power permits prescription of amounts and procedural detail, leaving some parameters to subordinate law (s5)","Defined term scope (title) limited to listed instruments, so coverage depends on statutory definitions and amendments (s4(1))"],"plain_english_summary":"This Act requires parties transferring or entering certain dealings in petroleum and geothermal titles (permits, leases, licences, drilling reservations or access authorities) to pay registration fees to the Minister. Fees are generally 1.5% of the consideration or of the title’s value (whichever is greater), subject to a prescribed minimum and special rules for reorganisations, related corporations and deducting agreed exploration works; the Minister has valuation and approval roles and regulations may set prescribed amounts (s4–5)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"Originally enacted as the *Petroleum (Registration Fees) Act 1967* covering only petroleum resources, the legislation was significantly expanded by the *Petroleum Amendment Act 2007* to include geothermal energy resources. The short title was changed to reflect this broader scope, and references throughout were updated to include the *Petroleum and Geothermal Energy Resources Act 1967*. This represents a material expansion from the original petroleum-only focus to a dual energy resources regime."},"complexity_factors":["Multiple nested conditional subsections (e.g., section 4(4) and 4(7) each contain three-part tests with multiple limbs)","Cross-references to the *Petroleum and Geothermal Energy Resources Act 1967* (sections 72 and 75) and the Commonwealth *Corporations Act 2001*","Defined term 'title' with specific statutory meaning covering five different instruments (permit, drilling reservation, lease, licence, access authority)","Alternative calculation methods requiring comparison of values (consideration vs. title value vs. interest value)","Exception to exception structure: general fee rule → related bodies corporate exception → anti-avoidance override within that exception","Prescribed amounts delegated to regulations (not specified in primary legislation)","Ministerial discretion in determining values (particularly for exploration works deductions under s. 4(8))"],"plain_english_summary":"This Western Australian law sets out the fees payable when certain documents related to petroleum and geothermal energy resources are registered with the government.\n\n**What it does:**\n- **Charges fees for transfers:** When someone transfers ownership of a petroleum or geothermal title (like a permit, lease, or licence) to another party, they must pay a registration fee of 1.5% of the value of the deal, or a minimum \"prescribed amount\" set by regulations.\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—they also pay a 1.5% fee based on the value of the consideration or interest involved.\n\n**Special rules and exceptions:**\n- **Related companies discount:** If the parties are related corporations (like parent and subsidiary companies) and the transfer or dealing is purely for internal reorganization or better administration—not to dodge fees—they pay only the minimum prescribed amount instead of the percentage-based fee.\n- **Avoiding double-dipping:** If you already paid a fee for an initial agreement to transfer a title, you don't pay the full percentage again when the actual transfer is registered—just the minimum amount.\n- **Exploration works deduction:** When calculating fees for certain dealings, the value of required exploration work can be deducted from the fee calculation.\n- **Minimum fees:** In some cases (like charges over company assets), only the minimum prescribed amount is payable, regardless of the deal's value.\n\n**Who it affects:**\n- Companies and individuals involved in buying, selling, or restructuring interests in Western Australia's petroleum and geothermal energy sectors.\n- The Minister (government official) who approves these transactions and determines certain valuations.\n\n**Why it matters:**\nThis law ensures the state collects revenue from commercial activity in the resources sector while providing sensible exceptions for genuine corporate reorganizations. It works alongside the main *Petroleum and Geothermal Energy Resources Act 1967*, which governs the actual titles and registrations."}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-registration-fees-act-1967","history":"/api/acts/petroleum-registration-fees-act-1967/history","analysis":"/api/acts/petroleum-registration-fees-act-1967/analysis","conflicts":"/api/acts/petroleum-registration-fees-act-1967/conflicts","importantCases":"/api/acts/petroleum-registration-fees-act-1967/important-cases","documents":"/api/acts/petroleum-registration-fees-act-1967/documents"}}