{"id":"petroleum-regulations-2020","name":"PETROLEUM REGULATIONS 2020","slug":"petroleum-regulations-2020","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177104,"registerId":"nt-petroleum-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 3","sectionType":"division","heading":"Common provisions","content":"Division 3 Common provisions\n66AAH Common provisions ....................................................................... 44\n66AAJ Activities requiring 21 days notice ................................................. 44\n66AAK Related information ....................................................................... 45\n66AAL Common provisions ....................................................................... 46\n66AAM Offences relating to notification ..................................................... 47\n66AAN Annual reports ............................................................................... 48\n66AAP Survey reports ............................................................................... 48\n66AAQ Geoscientific study and reprocessing reports ................................ 48\n66AAR Well barrier integrity validation reports .......................................... 48\n66AAS Daily well activity reports ............................................................... 49\n66AAT Monthly production reports ............................................................ 49\n66AAU Production test results ................................................................... 50\n66AAV Final well activity reports ............................................................... 50\n66AAW Well completion reports ................................................................. 51\n66AAX Discovery evaluation and revised estimates reports...................... 51\n66A Late lodgement fee ........................................................................ 52\n66B Liability for levy .............................................................................. 53\n66C Amount of levy ............................................................................... 53\n\nPetroleum Regulations 2020 v\n66D Payment of levy ............................................................................. 53\nPart 5C Orphan well levy\n66E Increase in rate of levy .................................................................. 54\n66F Definitions ...................................................................................... 54\n66G Application of Part ......................................................................... 54\n66H Imposition of interest ..................................................................... 55\n66J Related provisions ......................................................................... 55\n66K Reporting of serious incidents ....................................................... 55\n66L Reportable incidents ...................................................................... 56\n66M Common provisions ....................................................................... 56\n66N Offences relating to reporting and record retention ....................... 57\n66P Definition........................................................................................ 57\n66Q Records to be kept ........................................................................ 58\n66R Making records available ............................................................... 58\n66S Application of Part ......................................................................... 59\n66T Right of access .............................................................................. 59\n66U Right may be exercised by employee, agent or contractor ............ 60\n66V CEO to be given copy of notice ..................................................... 61\n66W Compensation ............................................................................... 61\n66X Entry with consent ......................................................................... 61\n66Y Release of samples by Minister ..................................................... 62\n66Z Release of information by Minister ................................................ 62\n66ZA Surrender....................................................................................... 62\n66ZB Electronic processes ..................................................................... 63\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"Repeals","content":"Division 1 Repeals\n67 Regulations repealed ..................................................................... 63\n\nPetroleum Regulations 2020 vi\nDivision 2 Transitional matters for Petroleum\nRegulations 2020\n68 Definition........................................................................................ 63\n69 Transition period – access agreements ......................................... 63\n70 Negotiations................................................................................... 64\n71 Processes relating to datums ........................................................ 65\nDivision 3 Application of Act to leases granted under\nrepealed Act\n72 Application of provisions of Act ...................................................... 65\n73 Application of regulations .............................................................. 66\nSchedule 1A Fees for resource management, activity\nand infrastructure plans\nSchedule 3 Reviewable decisions and affected\npersons\nSchedule 4 Infringement notice offences and\nprescribed amounts\nSchedule 4G Geoscientific study and reprocessing\nreports\n\nPetroleum Regulations 2020 vii\n\n____________________\nAs in force at 10 February 2026\n____________________\nPETROLEUM REGULATIONS 2020\nRegulations under the Petroleum Act 1984\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Title","content":"1 Title\nThese Regulations may be cited as the Petroleum\nRegulations 2020.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThese Regulations commence on 1 January 2021.\n","sortOrder":3},{"sectionNumber":"2A","sectionType":"section","heading":"Objects","content":"2A Objects\nThe objects of these Regulations are:\n(a) to provide for land access agreements between interest\nholders and the owners or occupiers of land covered by\npetroleum interests, whether negotiated or determined by the\nTribunal; and\n(b) to support and enhance the integrity of onshore petroleum\nwells by ensuring that risks to well integrity are reduced to as\nlow as is reasonably practicable; and\n(c) to support and enhance the integrity of petroleum surface\ninfrastructure by ensuring that risks to surface infrastructure\nintegrity are reduced to as low as is reasonably practicable;\nand\n(d) to support and enhance the strategic management of\npetroleum production consistent with achieving optimum long-\nterm recovery of the resource.\n\nPetroleum Regulations 2020 2\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In these Regulations:\naccess agreement, see regulation 3(2).\nADR convenor, for Part 4, Division 4, Subdivision 2, see\nregulation 25(2).\naffected person, see regulation 41(2).\nairborne operations means:\n(a) flying over any part of a permit area or licence area by an\naircraft (including a helicopter); or\n(b) causing a drone to fly over any part of a permit area or licence\narea.\nannual fee, for Part 5D, see regulation 66F.\napproved access agreement means an access agreement that\nhas been approved, or that is taken to be approved, under Part 4\nor 6.\nAustralian Mediator and Dispute Resolution Accreditation\nStandards means the Australian Mediator and Dispute Resolution\nAccreditation Standards published by the Australian Mediator and\nDispute Resolution Accreditation Standards Board, as in force from\ntime to time.\ndesignated person, in relation to land, means:\n(a) unless paragraph (b) applies – the owner of the land; or\n(b) if there is a separate occupier of the land and that occupier\nhas, in the land, an interest registered on the land register –\nthe occupier of the land.\ndrilling rig means the equipment used in connection with rotary or\nother drilling, including a workover or well service rig, but does not\ninclude a seismic shot hole drilling rig.\nfield, in relation to a field management plan, means an area within\na production licence area, or contiguous production licence areas,\nthat are subject to the plan.\n\nPetroleum Regulations 2020 3\nhydraulic fracturing means the underground gas and oil extraction\nprocess that involves the injection of fluids at high pressure into a\ngeological formation to induce fractures that conduct hydrocarbons\nfor extraction.\nindependent competent person, in relation to a statement or plan\nto be provided by an interest holder relating to a sub-surface well\nbarrier or petroleum surface infrastructure, means a person:\n(a) who:\n(i) is not an employee of the interest holder; and\n(ii) is not an employee of a contractor engaged by the\ninterest holder for the design, construction, operation or\nmanagement of the well or petroleum surface\ninfrastructure (as the case may be); and\n(iii) has not been involved in the design, construction,\noperation or management of the well or petroleum\nsurface infrastructure (as the case may be); and\n(b) who is, on account of training and experience, suitably\nqualified to verify (as the case requires):\n(i) a well barrier integrity validation report; or\n(ii) works executed during the design, construction,\noperation or decommissioning phases of the petroleum\nsurface infrastructure.\ninduced seismicity management plan means a plan that:\n(a) is designed to mitigate against any risk of damage from\ninduced seismicity that may occur as a result of hydraulic\nfracturing by:\n(i) avoiding geohazards and faults; and\n(ii) monitoring for changes in peak ground acceleration\nduring and following hydraulic fracturing activities; and\n(b) sets out management strategies if peak ground acceleration\nthresholds are triggered.\ninfringement notice, see regulation 62.\ninfringement notice offence, see regulation 61(1).\ninterest holder means the holder of a petroleum interest.\n\nPetroleum Regulations 2020 4\nkey records, for Part 5F, see regulation 66P.\nland register means the land register as defined in section 4 of the\nLand Title Act 2000.\nlate lodgement fee, see regulation 66A(2).\nlate lodgement notice, see regulation 66A(3).\nlevy, for Part 5D, see regulation 66F.\nlow impact activities means any of the following:\n(a) preliminary activities;\n(b) carrying out surveys including aerial surveys but not including\nsurveys that involve:\n(i) the clearing of any vegetation; or\n(ii) the permanent installation of any infrastructure on land;\n(c) other activities that have no impact, or only a low impact, on\nland that comprise, or are directly related to, testing,\nmonitoring or maintaining infrastructure without the use of\nheavy equipment;\n(d) airborne operations;\n(e) any of the following that is carried out in connection with an\nactivity referred to in paragraphs (a) to (d):\n(i) taking workers to or from a location on a permit area or a\nlicence area;\n(ii) driving a vehicle, other than a heavy vehicle, on any part\nof a permit area or a licence area;\n(iii) landing a helicopter on any part of a permit area or a\nlicence area.\nMediators Panel means the Mediators Panel established by\nregulation 20.\nminimum protection requirements means the requirements\nmentioned in regulation 14(1) and (2).\nnegotiation notice means a notice under regulation 15.\nowner, in relation to land, includes a mortgagee in possession.\n\nPetroleum Regulations 2020 5\nparties, for Part 4, Division 4, Subdivision 2, see regulation 25(3).\npreliminary activities means preliminary or preparatory activities\nassociated with the commencement of regulated operations and\nhave no impact, or only a low impact, on land and include any of\n(a) taking water samples;\n(b) taking rock samples without the use of heavy equipment;\n(c) taking soil samples to a depth that does not exceed 4 metres.\nprescribed amount, see regulation 61(2).\nprescribed fee means a fee prescribed in Schedule 1.\nproduction test means an operation, other than formation fluid\nsampling into a container positioned by a wireline operation, carried\nout on a well to recover reservoir fluids for or in connection with\nestimating well productivity.\nregister means the Access Agreement Register established by the\nMinister under regulation 32.\nregulated activity, see regulation 5 of the Petroleum\n(Environment) Regulations 2016.\nregulated operations means any operations for which an\nexploration permit, retention licence or production licence is\nrequired under the Act, other than low impact activities.\nrelevant charge, for Part 5D, see regulation 66F.\nreportable incident means an incident arising from activities\nconducted under a permit or licence as a result of which:\n(a) immediate action is required to prevent a serious incident; or\n(b) a single barrier or control remains intact so as to prevent loss\nof integrity in a well or petroleum surface infrastructure but no\nother barrier or control exists; or\n(c) equipment or systems designed to reduce the consequences\nof a serious incident:\n(i) fail; or\n(ii) are compromised; or\n(d) a designed operating envelope is exceeded.\n\nPetroleum Regulations 2020 6\nreviewable decision, see regulation 41(1).\nserious incident means an incident arising from activities\nconducted under a permit or licence as a result of which:\n(a) a person suffers a serious injury or illness or is killed; or\n(b) an uncontrolled fire or explosion occurs; or\n(c) an uncontrolled flow of formation fluids or well fluids into the\nenvironment, or into a separate underground formation,\noccurs; or\n(d) there is a failure of, or damage to, barriers, infrastructure or\nsystems that leads to, or could lead to, a loss of integrity in a\nwell or petroleum surface infrastructure that requires\nemergency intervention; or\n(e) a blowout preventer, pressure control equipment or\nemergency shutdown systems are activated; or\n(f) both primary and secondary well barriers are no longer intact;\nor\n(g) the security of natural gas supply is prejudiced or an imminent\nrisk of prejudice to the security of natural gas supply arises.\nserious injury or illness, see section 36 of the Work Health and\nSafety (National Uniform Legislation) Act 2011.\nstatutory interest rate, for Part 5D, see regulation 66F.\ntitle area, in relation to a petroleum interest, means the area over\nwhich the petroleum interest is granted.`\nvacant Crown land means land in relation to which no person is\nrecorded in the land register as a registered owner or registered\nproprietor.\n(2) A reference in these Regulations to an access agreement is a\nreference to a land access agreement as mentioned in\nsection 118(2)(pa) of the Act.\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed fees and amounts","content":"4 Prescribed fees and amounts\n(1) Schedule 1 prescribes the fees and amounts payable under those\nsections of the Act or these Regulations that are specified in that\nSchedule.\n\nPetroleum Regulations 2020 7\n(2) Schedule 1A prescribes the fees payable under Part III, Division 1,\n","sortOrder":6},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"of the Act in relation to well operation management","content":"Subdivision 2 of the Act in relation to well operation management\nplans, field management plans and petroleum surface infrastructure\nplans.\n(3) Schedule 1B prescribes the fees payable under the Petroleum\n(Environment) Regulations 2016 in relation to environment\nmanagement plans.\n","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Current datum","content":"5 Current datum\n(1) For section 117AG(b) of the Act, it is declared that the datum\nsurface approximating the shape of the earth's surface defined by\nthe reference frame designated under the National Measurement\n(Recognized-Value Standard of Measurement of Position)\nDetermination 2017 (Cth) replaces the previous datum.\nNote for subregulation (1)\nThe reference frame designated under the National Measurement (Recognized-\nValue Standard of Measurement of Position) Determination 2017 (Cth) is\nGeocentric Datum of Australia 2020 (GDA2020) at the Reference Epoch\nof 2020.0.\nNational Measurement (Recognized-Value Standard of\nMeasurement of Position) Determination 2017 (Cth) means the\nstandard of measurement of that name maintained by the Chief\nMetrologist under section 8(1) of the National Measurement\nAct 1960 (Cth).\n","sortOrder":8},{"sectionNumber":"5A","sectionType":"section","heading":"Variation of petroleum interests and other instruments","content":"5A Variation of petroleum interests and other instruments\nFor section 117AJ of the Act, the Minister is authorised to issue an\ninstrument referred to in that section for a purpose referred to in\nthat section.\n","sortOrder":9},{"sectionNumber":"5B","sectionType":"section","heading":"Variation of applications for petroleum interests","content":"5B Variation of applications for petroleum interests\nFor section 117AK of the Act, the Minister is authorised to issue an\ninstrument varying an application for a petroleum interest under the\nAct for the sole purpose of relabelling a point, line or area by\nreference to geographic co-ordinates based on the current datum.\n\nPetroleum Regulations 2020 8\n","sortOrder":10},{"sectionNumber":"5C","sectionType":"section","heading":"Transitional provision","content":"5C Transitional provision\n(1) An authorised person may:\n(a) require that a person who submits, or who has submitted, a\ndocument under the Act confirm that information contained in\nthe document is based on the current datum; and\n(b) determine that no further step will be taken under the Act until\nthat confirmation is provided.\nauthorised person means:\n(a) the Minister; or\n(b) the CEO; or\n(c) an inspector; or\n(d) a person authorised by the Minister to act under this\nregulation.\n","sortOrder":11},{"sectionNumber":"6","sectionType":"section","heading":"Compensation to owners","content":"6 Compensation to owners\n(1) For section 81(1)(c) of the Act, the following circumstances are\nprescribed:\n(a) the drilling of a well on the land by the interest holder;\n(b) to the extent of an owner's or occupier's respective interests in\nthe land – any decrease in the market value of the land\ncaused by regulated operations carried out on the land by the\ninterest holder.\n(2) For section 81(7A) of the Act:\n(a) the compensation payable under subregulation (1)(a) may be:\n(i) an amount for each well; or\n(ii) an amount represented by improvements or work on the\nland provided or carried out by the interest holder; and\n\nPetroleum Regulations 2020 9\n(b) the compensation payable under subregulation (1)(b) may be:\n(i) an amount equal to the decrease in market value of the\nowner's or occupier's interest in the land (as the case\nmay be); or\n(ii) an amount represented by improvements or work on the\nland provided or carried out by the interest holder.\n(3) The method of compensation under subregulation (2)(a) or (b) will\nbe determined by agreement between the parties or, if they are\nunable to agree, by the Tribunal.\n","sortOrder":12},{"sectionNumber":"7","sectionType":"section","heading":"Underground operations","content":"7 Underground operations\nFor this Part, any underground operations are taken to be carried\nout on the land under which they are carried out.\n","sortOrder":13},{"sectionNumber":"8","sectionType":"section","heading":"Exempt activities","content":"8 Exempt activities\nNothing in this Part requires an approved access agreement to be\nin place, or for notice to be given, in order for an interest holder to\nenter any land, or to carry out any operations or low impact\nactivities:\n(a) for the purpose of preserving life or property, or addressing a\nthreat or risk to life or property; or\n(b) in any emergency situation, or threatened emergency\nsituation; or\n(c) in order to comply with:\n(i) any Act or law; or\n(ii) any order or direction of a court or tribunal constituted by\nlaw; or\n(iii) any order or direction of an official acting under a law of\nthe Territory or the Commonwealth.\n\nPetroleum Regulations 2020 10\n","sortOrder":14},{"sectionNumber":"9","sectionType":"section","heading":"Native title holders and claimants","content":"9 Native title holders and claimants\n(1) Nothing in this Part requires an access agreement to be entered\ninto with a native title holder or registered native title claimant in\nrelation to any land.\n(2) A reference in this Part to an owner or occupier of land is taken not\nto include a reference to a native title holder or registered native\ntitle claimant.\n","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Requirement to negotiate in good faith","content":"10 Requirement to negotiate in good faith\n(1) For the purpose of obtaining an approved access agreement, an\ninterest holder and a designated person must negotiate on the\nagreement, and participate in any other process under this Part, in\ngood faith.\n(2) Without limiting subregulation (1), if an interest holder or a\ndesignated person provides a report or advice about a particular\nmatter as part of the negotiations, the interest holder or designated\nperson (as the case may be) must take reasonable steps to ensure\nthat the report or advice is in a finalised form.\n","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Processes involving 2 or more designated persons","content":"11 Processes involving 2 or more designated persons\n(a) there are 2 or more designated persons in relation to a\nparticular area of land; and\n(b) at least one of the designated persons has not agreed to an\naccess agreement in relation to the land.\n(2) Subject to subregulation (3), the ADR processes under Division 4\nand the Tribunal proceedings under Division 5 only apply in relation\nto a designated person who has not agreed to an access\n(3) A facilitator or mediator, or the Tribunal, may allow or request a\ndesignated person who has agreed to an access agreement to\nparticipate in any process or proceedings in order to ensure\nconsistency with access arrangements over the same land and, for\nthat purpose, the parties may agree to a variation to an access\nagreement that already exists.\n\nPetroleum Regulations 2020 11\n","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Access agreement required before commencement of","content":"12 Access agreement required before commencement of\noperations\n(1) Subject to subregulations (2) and (3), an interest holder must not\ncommence regulated operations on any particular area of land\nexcept in accordance with an approved access agreement.\nNote for subregulation (1)\nRegulation 47 provides that it is an offence for an interest holder to commence\nregulated operations on land without the land being the subject of an approved\n(2) An approved access agreement is not required:\n(a) if the land where the regulated operations are to be carried out\nis:\n(i) Aboriginal land; or\n(ii) vacant Crown land; or\n(b) to carry out an airborne survey that does not involve any\nphysical contact with the relevant land.\n(3) This regulation does not apply to an interest holder who is acting in\naccordance with Part 5G.\n","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Parties","content":"13 Parties\n(1) The parties to an approved access agreement are:\n(a) the interest holder of the relevant petroleum interest; and\n(b) the designated person of the relevant land.\n(2) If an interest holder or designated person under an access\nagreement changes, the person who becomes an interest holder or\ndesignated person (as the case may be):\n(a) is taken to be a party to the agreement; and\n(b) assumes the rights, duties and obligations of the relevant\nparty under the agreement.\n(3) Subregulation (2) has effect without the need for the parties to vary\nthe access agreement.\n\nPetroleum Regulations 2020 12\n(4) Despite subregulations (2) and (3), in the case of a change in the\ndesignated person, the person who becomes a designated person:\n(a) is only required to comply with the relevant access agreement\nafter the interest holder has provided the person with a copy of\nthe agreement; and\n(b) is required to give notice of the change to the CEO in\naccordance with subregulation (5).\n(5) A notice under subregulation (4)(b) must:\n(b) be given within 14 days after the person is provided with a\ncopy of the agreement under subregulation (4)(a).\n(6) The parties to an approved access agreement must comply with the\n","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Standard minimum protections","content":"14 Standard minimum protections\n(1) An access agreement must at least contain provisions that address\neach of the matters specified in Schedule 2.\n(2) In making provision in relation to these matters, an access\nagreement must, subject to subregulation (3), adopt the standard\nminimum protections specified in Schedule 2.\n(3) A provision included in an access agreement may be:\n(a) a provision expressed in the same, or substantially the same,\nterms as a provision specified in Schedule 2; or\n(b) a provision that reflects or satisfies a requirement specified in\nSchedule 2; or\n(c) a provision that reflects a standard that is greater than a\nstandard specified in Schedule 2.\n(4) Subject to subregulations (2) and (3), the parties to an access\nagreement may include such provisions in the agreement as the\nparties consider appropriate.\n\nPetroleum Regulations 2020 13\nDivision 3 Initiation of processes to obtain an access\n","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Interest holder to seek access agreement","content":"15 Interest holder to seek access agreement\n(1) An interest holder may give notice of the interest holder's intention\nto obtain an access agreement to each designated person for the\narea of land in relation to which an access agreement is sought (a\nnegotiation notice).\n(2) A negotiation notice must be in an approved form.\n(3) A negotiation notice must include:\n(a) a plan and description of the area of land over which access is\nsought sufficient to enable the ready identification of the\narea; and\nholder; and\n(c) a description of the regulated operations proposed to be\ncarried out on the area of land; and\n(d) information about the maximum period of access sought under\nthe access agreement (which must not exceed the balance of\nthe term of the petroleum interest); and\n(e) the contact details for the interest holder; and\n(f) a request for the designated person to enter into negotiations\nto enter into an access agreement; and\n(g) a statement to the effect that the designated person's\nreasonable costs, including reasonable legal or accounting\ncosts, and reasonable costs for gaining any advice or report,\nnecessarily incurred in connection with the negotiation\nbetween the parties, will be covered by the interest holder.\n(4) An interest holder may provide a draft access agreement when the\ninterest holder gives the designated person a negotiation notice.\n(5) If the designated person is not the owner of the land, a copy of the\nnegotiation notice must also be given to the owner of the land (in\naddition to an explanation that an access agreement with the\ndesignated person is being sought under this Part).\n(6) A copy of a notice under subregulation (5) must be given to the\nowner of the land within 14 days after the notice is given to the\ndesignated person.\n\nPetroleum Regulations 2020 14\n","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Negotiation","content":"16 Negotiation\n(1) On giving a negotiation notice, the interest holder and the\ndesignated person must take reasonable steps to negotiate an\n(2) The period for the negotiation:\n(a) must be for a period of at least 60 days from the receipt of the\nnegotiation notice by the designated person; and\n(b) may be for a longer period agreed between the interest holder\nand the designated person.\n(3) However, an agreement may be reached before the expiration of\nthe period for the negotiation under subregulation (2).\n(4) An access agreement between the interest holder and the\ndesignated person must be in writing.\n","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Payment of costs","content":"17 Payment of costs\n(1) The interest holder must pay the reasonable costs of the\ndesignated person in participating in a negotiation for an access\nagreement, including:\n(a) reasonable legal or accounting costs necessarily incurred by\nthe designated person in connection with participating in the\nnegotiation; and\n(b) reasonable costs necessarily incurred by the designated\nperson in connection with engaging a suitably qualified person\nto provide advice or reports on any relevant matter.\nExamples for subregulation (1)(b)\nAdvice or reports as to land valuation, agronomy or land capability or suitability.\n(2) Costs under subregulation (1) must be paid within 30 days after a\nrequest for payment is made.\n(3) A request under subregulation (2) must:\n(a) be in writing; and\n(b) provide reasonable details and evidence of the costs that are\nbeing claimed.\n\nPetroleum Regulations 2020 15\n(4) Subregulations (2) and (3) apply:\n(a) subject to any agreement between the parties about the\npayment of costs; and\n(b) subject to the commencement of any proceedings before the\nTribunal because of a dispute about the costs (and in this\ncase the period for payment will be suspended pending the\noutcome of the proceedings).\n","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Interest holder may seek alternative dispute resolution by","content":"18 Interest holder may seek alternative dispute resolution by\nagreement with designated person\n(1) This regulation applies if an interest holder and a designated\nperson cannot agree on an access agreement within the period for\nnegotiation under regulation 16.\n(2) The interest holder may, by notice in an approved form given to the\ndesignated person, ask the designated person to agree to an ADR\nprocess under Division 4, Subdivision 2, using a facilitator or\nmediator to achieve a negotiated outcome for entering into an\n(3) The notice must include:\n(a) information about the type of ADR process proposed by the\ninterest holder; and\n(b) the name of the facilitator or mediator proposed to conduct the\nADR process; and\n(c) a statement that the interest holder agrees to bear the cost of\nthe ADR process; and\n(d) a request that the designated person agree to participate in\nthe ADR process within a period (at least 14 days) nominated\nby the interest holder.\n","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Inability to reach an agreement on alternative dispute","content":"19 Inability to reach an agreement on alternative dispute\nresolution\n(a) an agreement has not been reached on an ADR process and\nthe facilitator or mediator to be used to achieve a negotiated\noutcome by the end of the period nominated under\nregulation 18(3)(d); or\n\nPetroleum Regulations 2020 16\n(b) the designated person has not responded to a notice given\nunder regulation 18(2) by the end of the period nominated\nunder regulation 18(3)(d).\n(2) The interest holder or the designated person may apply to the CEO\nfor the appointment of a member of the Mediators Panel under\nDivision 4, Subdivision 1, to conduct a mediation under Division 4,\nSubdivision 2.\n(3) An application under subregulation (2) must be in an approved\nform.\n","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Mediators Panel","content":"20 Mediators Panel\n(1) There is a Mediators Panel.\n(2) A person may be appointed as a member of the Mediators Panel by\nthe Minister.\n","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Appointment to Mediators Panel and term of appointment","content":"21 Appointment to Mediators Panel and term of appointment\n(1) A person is qualified to be appointed as a member of the Mediators\nPanel if:\n(a) the person is accredited to act as a mediator under the\nAustralian Mediator and Dispute Resolution Accreditation\nStandards; and\n(b) the person:\n(i) is a legal practitioner with at least 7 years experience as\na legal practitioner; or\n(ii) has, in the opinion of the Minister, significant experience\nin primary industry or the resources industry.\n(2) A person is appointed as a member of the Mediators Panel for a\nterm, not exceeding 5 years, specified in the appointment and is\neligible for reappointment.\n","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Register for Mediators Panel","content":"22 Register for Mediators Panel\n(1) The CEO must keep and maintain a register of the following:\n(a) the name of and contact details for each member of the\nMediators Panel;\n\nPetroleum Regulations 2020 17\n(b) the qualifications and experience of each member (as at the\ntime of the member's most recent appointment).\n(2) The CEO must publish the register on the Agency's website.\n","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Appointment of member for mediation","content":"23 Appointment of member for mediation\n(1) The CEO may, on application to the CEO under regulation 19\nor 38(2), appoint a member of the Mediators Panel to conduct a\nmediation.\n(2) The member of the Mediators Panel appointed by the CEO is the\nnext member of the panel available for appointment on a rotational\nbasis (after taking into account any actual or potential conflicts of\ninterest and such other matters as the CEO considers appropriate).\n","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Definitions","content":"24 Definitions\nIn this Subdivision:\nADR convenor, see regulation 25(2).\nparties, see regulation 25(3).\n","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"ADR process","content":"25 ADR process\n(1) An ADR process may be a dispute resolution process of any type,\nother than an arbitration.\nExamples for subregulation (1)\nConciliation, facilitated negotiation, case appraisal or mediation.\n(2) Depending on any agreement between the interest holder and the\ndesignated person under regulation 18(2), or on whether the CEO\nhas appointed a mediator under regulation 23(1), an ADR process\nwill be conducted by a facilitator or a mediator (an ADR convenor).\n(3) The ADR convenor must, at the earliest opportunity, fix a day and\ntime, and determine the manner and process, for conducting the\nADR process and give notice of these details to the interest holder\nand the designated person (the parties).\n(4) The ADR convenor may, by further notice to the parties, vary the\nday and time fixed for conducting the ADR process.\n\nPetroleum Regulations 2020 18\n(5) The manner and process for conducting the ADR process may\ninclude a meeting in person, or a meeting conducted by telephone,\nvideo or other electronic means, or a combination of meetings using\nany meeting facilities or processes.\n(6) The ADR convenor conducting an ADR process:\n(a) must use the ADR convenor's best endeavours to bring the\nparties to a negotiated outcome for an access agreement\nacceptable to all of them; and\n(b) must give the parties a reasonable opportunity to be heard but\notherwise may use any process the ADR convenor considers\nappropriate in the circumstances, including by communicating\nwith the parties collectively or separately; and\n(c) must allow a party to be represented by a legal practitioner, or\nmay allow a party to be assisted by another person if the ADR\nconvenor considers that this is reasonable and that the person\nis a suitable person in the circumstances; and\n(d) must treat information obtained by the ADR convenor from a\nparty with whom the ADR convenor communicates separately\nas confidential, unless the party otherwise agrees.\n(7) For the purposes of an ADR process:\n(a) the interest holder must provide a draft access\nagreement; and\n(b) the designated person may provide a draft access agreement\nas well (if the designated person considers it appropriate).\n","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Termination of ADR process","content":"26 Termination of ADR process\n(1) An ADR process is terminated if:\n(a) it fails to achieve a negotiated outcome for an access\nagreement after a period of at least 30 days from the date\nfixed by the ADR convenor for conducting the process and:\n(i) the interest holder requests that the ADR process be\nbrought to an end; or\n(ii) the ADR convenor decides, after consultation with the\nparties, to bring the ADR process to an end because the\nADR convenor considers that there is no reasonable\nprospect that the matter will be settled through the ADR\nprocess within a reasonable time; or\n\nPetroleum Regulations 2020 19\n(b) the parties request that the ADR process be brought to an\nend; or\n(c) the parties agree on an access agreement.\n(2) An agreement under subregulation (1)(c) must be in writing.\n","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Evidence in ADR process inadmissible","content":"27 Evidence in ADR process inadmissible\nEvidence of anything said or done in the course of an ADR process\nis inadmissible in a proceeding before the Tribunal except with the\nconsent of all parties to the ADR process.\n","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Payment of costs","content":"28 Payment of costs\n(1) The interest holder must pay:\n(a) the reasonable costs of the designated person in participating\nin an ADR process under this Division, including reasonable\nlegal or accounting costs necessarily incurred by the\ndesignated person in connection with participating in the ADR\nprocess; and\n(b) any reasonable costs necessarily incurred in connection with\nusing a suitably qualified person providing advice or reports on\nany relevant matter for the purposes of an ADR process under\nthis Division; and\n(c) the costs of the ADR convenor in conducting an ADR process\nunder this Division or otherwise associated with an ADR\nprocess.\nExamples for subregulation (1)(b)\nAdvice or reports as to land valuation, agronomy or land capability or suitability.\n(2) Costs under subregulation (1) must be paid within 30 days after a\nrequest for payment is made.\n(3) A request under subregulation (2) must:\n(a) be in writing; and\n(b) provide reasonable details and evidence of the costs that are\nbeing claimed.\n(4) Subregulations (2) and (3) apply:\n(a) subject to any agreement between the parties about the\npayment of costs; and\n\nPetroleum Regulations 2020 20\n(b) in the case of costs under subregulation (1)(a) or (b) – subject\nto the commencement of any proceedings before the Tribunal\nbecause of a dispute about those costs (and in this case the\nperiod for payment will be suspended pending the outcome of\nthe proceedings).\n","sortOrder":34},{"sectionNumber":"Div 5","sectionType":"division","heading":"Access determination by Tribunal","content":"Division 5 Access determination by Tribunal\n","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Application to Tribunal – determination of access agreement","content":"29 Application to Tribunal – determination of access agreement\n(1) If an ADR process is terminated under regulation 26(1)(a) or (b),\nthe interest holder may apply to the Tribunal for a determination as\nto the provisions that should form the contents of an access\nagreement so as to allow the interest holder to gain access to the\nrelevant land.\n(2) The Tribunal may, on an application under subregulation (1),\ndetermine the provisions.\n(3) The Tribunal must, in exercising its jurisdiction under this\nregulation, take into account (and apply) the requirements of\nregulation 14.\n(4) The provisions determined by the Tribunal under this regulation\nhave effect as if those provisions were embodied in an access\nagreement that has been signed by each of the parties.\n","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Access agreements to be approved","content":"30 Access agreements to be approved\n(1) An access agreement between an interest holder and a designated\nperson does not allow the interest holder to gain access to the\nrelevant land until it is approved by the Minister.\n(2) An access agreement that applies on account of a determination of\nthe Tribunal under Division 5 is taken to be an approved access\nagreement (and does not require the approval of the Minister).\n","sortOrder":37},{"sectionNumber":"31","sectionType":"section","heading":"Approval process","content":"31 Approval process\n(1) An interest holder may apply to the Minister for the approval of an\naccess agreement that has been entered into between the interest\nholder and a designated person under this Part.\n(2) The application must:\n\nPetroleum Regulations 2020 21\n(b) be accompanied by a copy of the access agreement that is\nverified as being a true copy of the agreement in a manner\nacceptable to the Minister; and\n(3) On receipt of an application for the approval of an access\nagreement, the Minister must:\n(a) if reasonably satisfied that the access agreement meets the\nminimum protection requirements – approve the agreement\nand give the parties to the agreement a notice of approval; or\n(b) if not reasonably satisfied that the access agreement at least\nmeets the minimum protection requirements – give the parties\nto the agreement a notice specifying:\n(i) that the Minister is not reasonably satisfied that the\naccess agreement meets the minimum protection\nrequirements; and\n(ii) the reasons why the Minister is not satisfied; and\n(iii) a reasonable period within which the parties may vary\nthe access agreement and provide for the agreement to\nbe resubmitted for approval.\n(4) The Minister must make a decision under subregulation (3) within\n28 days after receiving the agreement or within such longer period\nas the Minister may reasonably require.\n(5) An access agreement resubmitted under subregulation (3) must be\naccompanied by a report (approved by the parties of the\nagreement) on the variations that have been made to the\n(6) On the resubmission of an access agreement, the Minister must:\n(a) if reasonably satisfied that the access agreement now meets\nthe minimum protection requirements – approve the\nagreement and give the parties to the agreement a notice of\napproval; or\n\nPetroleum Regulations 2020 22\n(b) if still not reasonably satisfied that the access agreement\nmeets the minimum protection requirements – determine to\nrefuse to approve the agreement and give the parties to the\nagreement a notice specifying:\n(i) that the Minister still is not reasonably satisfied that the\naccess agreement meets the minimum protection\nrequirements; and\n(ii) the reasons why the Minister is not satisfied; and\n(iii) that the approval of the access agreement is refused.\n","sortOrder":38},{"sectionNumber":"32","sectionType":"section","heading":"Register","content":"32 Register\n(1) The Minister must establish and maintain a register of approved\naccess agreements.\n(2) The register is called the Access Agreement Register.\n(3) The register may be in any form (including an electronic form) the\nMinister considers appropriate.\n","sortOrder":39},{"sectionNumber":"33","sectionType":"section","heading":"Application for registration","content":"33 Application for registration\n(1) An interest holder who is a party to an access agreement that\napplies on account of a determination of the Tribunal under\nDivision 5 must apply to the Minister for the registration of the\n(2) The interest holder must make the application within 28 days after\nthe Tribunal’s determination.\n(3) The application must:\n(b) be accompanied by a copy of the agreement that is verified as\nbeing a true copy of the approved access agreement in a\nmanner acceptable to the Minister; and\n","sortOrder":40},{"sectionNumber":"34","sectionType":"section","heading":"Registration of approved access agreement","content":"34 Registration of approved access agreement\n(1) In the case of an access agreement that has been approved by the\nMinister, the Minister must take steps to have the agreement\nregistered within a reasonable time.\n\nPetroleum Regulations 2020 23\n(2) The Minister may register an access agreement in such manner as\nthe Minister considers appropriate but in doing so must ensure that\nthe register includes:\n(a) details of the parties to the agreement; and\nholder; and\n(c) a description of the land to which the agreement applies; and\n(d) information about the term of the agreement; and\n(e) the date:\n(i) on which the agreement was approved by the\nMinister; or\n(ii) on which the Tribunal made its determination under\nDivision 5.\n(3) The Minister may record or include any other information on the\nregister as the Minister considers appropriate.\n","sortOrder":41},{"sectionNumber":"35","sectionType":"section","heading":"Inspection of register","content":"35 Inspection of register\n(1) Subject to subregulation (2), a person is entitled to inspect the\nregister in a manner approved by the Minister.\n(2) Subregulation (1) does not extend to the inspection of:\n(a) an access agreement that is registered on the register; or\n(b) any other document, instrument or information that the\nMinister considers should be kept confidential.\n(3) An application under subregulation (1) must:\n(b) be accompanied by the prescribed fee.\n","sortOrder":42},{"sectionNumber":"36","sectionType":"section","heading":"Certification of matters recorded on register","content":"36 Certification of matters recorded on register\n(1) On application by a person, the Minister may produce:\n(a) a certified copy of any document or instrument that has been\nregistered on the register; or\n(b) a certificate recording information that has been recorded or\nincluded on the register.\n\nPetroleum Regulations 2020 24\n(2) Subregulation (1) does not extend to the provision of:\n(a) an access agreement that is registered on the register; or\n(b) any other document, instrument or information that the\nMinister considers should be kept confidential.\n(3) An application under subregulation (1) must:\n(b) be accompanied by the prescribed fee.\n","sortOrder":43},{"sectionNumber":"37","sectionType":"section","heading":"Ability to vary","content":"37 Ability to vary\n(1) An approved access agreement may be varied:\n(a) in accordance with the terms of the access agreement relating\nto its variation; or\n(b) by an agreement between the parties to the access\nagreement; or\n(c) by further processes and proceedings under this Part.\n(2) For subregulation (1)(c), a party to an access agreement may, by\nnotice in an approved form given to each other party, request the\nparties to agree to an ADR process, consistent with the scheme set\nout in Division 4, using a facilitator or mediator to achieve a\nnegotiated outcome for varying the access agreement.\n(3) A notice under subregulation (2) must include:\n(a) information about the type of ADR process proposed by the\nparty giving the notice; and\n(b) the name of the facilitator or mediator proposed to conduct the\nADR process; and\n(c) a statement that the party agrees to bear the cost of the ADR\nprocess; and\n(d) a request that the other party or parties agree to participate in\nthe ADR process within a period (at least 14 days) nominated\nby the party giving the notice.\n\nPetroleum Regulations 2020 25\n","sortOrder":44},{"sectionNumber":"38","sectionType":"section","heading":"Appointment of member of Mediators Panel and ADR process","content":"38 Appointment of member of Mediators Panel and ADR process\nif agreement not reached\n(a) an agreement has not been reached on an ADR process and\nthe facilitator or mediator to be used to achieve a negotiated\noutcome by the end of the period nominated under\nregulation 37(3)(d); or\n(b) a party has not responded to a notice given under\nregulation 37(2) by the end of the period nominated under\nregulation 37(3)(d).\n(2) The party who gave the notice may apply to the CEO for the\nappointment of a member of the Mediators Panel under Division 4,\nSubdivision 1, to conduct a mediation under Division 4,\nSubdivision 2.\n(3) If an ADR process is to be conducted, Division 4 applies with the\nfollowing modifications:\n(a) the party seeking the variation must provide a draft of the\nvariation, or of the access agreement as varied, for the\npurposes of the ADR process;\n(b) the reference in regulation 26(1)(a)(i) to the interest holder will\nbe taken to be a reference to the party seeking the variation;\n(c) the party seeking the variation will be responsible for any\ncosts referred to in regulation 28(1) (and a reference to the\ndesignated person will be taken to be a reference to the other\nparty or parties to the access agreement).\n(4) If an ADR process terminates under Division 4 without the parties\nagreeing on a variation, the party who proposed the variation may\napply to the Tribunal under Division 8 for the resolution of the\nmatter.\n","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"Approval and registration of variation","content":"39 Approval and registration of variation\n(1) If an access agreement is varied, the party who proposed the\nvariation must apply to the Minister for the approval and registration\nof the variation on the register.\n(2) The party must make the application within 28 days after the\nvariation is made (including by order of the Tribunal under\nDivision 8).\n\nPetroleum Regulations 2020 26\n(3) The application must:\n(b) be accompanied by a copy of the agreement between the\nparties that varies the approved access agreement that is\nverified in a manner acceptable to the Minister; and\n(4) A variation does not have effect until it is approved by the Minister.\n(5) The Minister is not required to approve a variation of an access\nagreement if the access agreement, as varied, would not be able to\nbe approved by the Minister if it were an original access agreement\nunder this Part.\n(5A) Subregulation (5) does not apply in relation to an agreement\nregistered under regulation 69.\n(6) A variation that is made by order of the Tribunal does not require\nthe approval of the Minister.\n(6A) The Minister must make a decision under subregulation (4) within\n28 days after receiving the application for approval or within such\nlonger period as the Minister may reasonably require.\n(6B) The Minister must give the parties notice of the Minister's decision\non an application under this regulation within a reasonable period\nafter the Minister has made the decision.\n(7) The Minister must take steps to have a variation registered within a\nreasonable time.\n(8) The Minister may register a variation in such manner as the\nMinister considers appropriate.\n\nDivision 8 Resolution of disputes and review of decisions by Tribunal\nPetroleum Regulations 2020 27\nDivision 8 Resolution of disputes and review of decisions by\nTribunal\n40 Applications to Tribunal – general\n(1) The following matters may be dealt with by the Tribunal:\n(a) an application to the Tribunal by a party to an approved\naccess agreement to determine a dispute between the parties\nabout the operation or effect of the agreement, including a\ndispute as to any amount payable under the agreement;\n(b) an application to the Tribunal by a party to an approved\naccess agreement to address an alleged breach of the\nagreement;\n(c) an application to the Tribunal by a designated person for the\npayment of costs under this Part;\n(d) an application to the Tribunal by an interest holder as to\nwhether any costs claimed by a designated person under this\nPart are reasonable costs or were necessarily incurred;\n(e) an application to the Tribunal by a party to an approved\naccess agreement to vary the agreement after complying with\nthe processes under Division 7.\n(2) The Tribunal may, on an application under this regulation, do one or\nmore of the following:\n(a) make any determination as to the operation or effect of an\napproved access agreement;\n(b) order or direct a party to an approved access agreement to\ntake such action as the Tribunal considers appropriate, or to\nrefrain (temporarily or permanently) from any action or activity\nas the Tribunal considers appropriate, including an order to\npay an amount that, according to a determination of the\nTribunal, is payable under the agreement;\n(c) if the Tribunal finds that there has been a material breach of\nan approved access agreement and that in the circumstances\nthe agreement should be brought to an end – determine that\nthe agreement be terminated;\n\nPetroleum Regulations 2020 28\n(d) without limiting paragraph (b) or (c), make an order for the\npayment of compensation under the provisions of an approved\naccess agreement or for the payment of damages on account\nof a breach of an approved access agreement;\n(e) make a determination as to whether any costs are reasonable\ncosts or were necessarily incurred;\n(f) make an order for the payment of costs to which a person is\nentitled under this Part (other than costs under\nregulation 28(1)(c));\n(g) make an order for the variation of an approved access\nagreement;\n(h) make any consequential or ancillary order or direction that the\nTribunal considers necessary or expedient.\n(3) A reference in subregulation (1)(c) or (d) to a designated person or\nan interest holder will be taken to include a reference to a party to\nan access agreement who has a right to the payment of costs, or\nwho is responsible for the payment of costs (as the case requires)\nunder Division 7.\nSubdivision 2 Review of decisions\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Review by Tribunal","content":"41 Review by Tribunal\n(1) The Tribunal has jurisdiction to review a decision (a reviewable\ndecision) specified in Schedule 3.\n(2) The affected person, for a reviewable decision, is the person\nspecified in Schedule 3 for the decision.\n(3) The affected person for a reviewable decision may apply to the\nTribunal for review of the decision.\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Appointment of authorised officers","content":"42 Appointment of authorised officers\n(1) The Minister may appoint a person to be an authorised officer for\nthe purposes of this Part.\n(2) The Minister must give to an authorised officer a certificate stating\nthat the person is an authorised officer for the purposes of this Part.\n\nPetroleum Regulations 2020 29\n(3) A person who ceases to be an authorised officer must return the\ncertificate under subregulation (2) to the Minister within 15 business\ndays after the cessation.\n(4) A person commits an offence if the person ceases to be an\nauthorised officer and fails to return the person's certificate to the\nMinister within 15 business days after the cessation.\nMaximum penalty: 20 penalty units.\n","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Functions of authorised officers","content":"43 Functions of authorised officers\nAn authorised officer may, at the request of a party or parties to an\napproved access agreement:\n(a) conduct an inspection on the land where regulated operations\nhave been, or are being, carried out in order to assess\ncompliance with the provisions of the agreement; or\n(b) conduct a conference to assist in the resolution of a dispute\nbetween 2 or more parties to the agreement.\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Inspections conducted by authorised officers","content":"44 Inspections conducted by authorised officers\n(1) This regulation applies in relation to a request that an authorised\nofficer conduct an inspection on land where regulated operations\nhave been, or are being, carried out under an approved access\n(2) The request must be made to the CEO in an approved form.\n(3) The CEO may, on a request being made under subregulation (2),\nappoint an authorised officer to conduct an inspection of the land.\n(4) The authorised officer may, after taking reasonable steps to consult\nwith the interest holder and the designated person, enter the\nrelevant land and carry out an inspection (and, if reasonably\nnecessary, may enter and inspect the land on more than one\noccasion).\n(5) The purpose of an inspection is to assess the extent to which the\nparties to the access agreement have complied with the provisions\nof the agreement after taking into account the matters raised in the\nrequest made to the CEO under subregulation (2) (and any other\nmatter considered relevant by the authorised officer).\n\nPetroleum Regulations 2020 30\n(6) The authorised officer must prepare a report on the outcome of the\ninspection that has, or inspections that have, been conducted by\nthe authorised officer.\n(7) The report may include recommendations about securing or\nensuring compliance with the provisions of the access agreement.\n(8) The authorised officer must give a copy of the report to:\n(a) each party to the access agreement; and\n(b) the CEO.\n(9) The report is not binding.\n","sortOrder":50},{"sectionNumber":"45","sectionType":"section","heading":"Conferences conducted by authorised officers","content":"45 Conferences conducted by authorised officers\n(1) This regulation applies in relation to a request that an authorised\nofficer conduct a conference to assist in the resolution of a dispute\nbetween 2 or more parties to an approved access agreement.\n(2) The request must not be made if:\n(a) an ADR process is being undertaken under Division 7 in\nrelation to a proposed variation of the access agreement; or\n(b) proceedings are before the Tribunal under Division 8,\n","sortOrder":51},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"in relation to the access agreement.","content":"Subdivision 1 in relation to the access agreement.\n(3) The request must be made to the CEO in an approved form.\n(4) The CEO may, on a request being made under subregulation (3),\nappoint an authorised officer to conduct a conference between the\nrelevant parties.\n(5) The authorised officer appointed to conduct the conference must\ntake reasonable steps to convene the conference as quickly as\npossible.\n","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Conference procedures","content":"46 Conference procedures\n(1) Subject to subregulation (2), the authorised officer may adopt such\nprocesses for the purposes of the conference as the authorised\nofficer considers appropriate.\n(2) The authorised officer:\n(a) must use the authorised officer's best endeavours to bring the\nparties to a resolution acceptable to all of them; and\n(b) must give the parties a reasonable opportunity to be heard.\n\nPetroleum Regulations 2020 31\n(3) A party is not entitled to be represented by a legal practitioner in the\nconduct of a conference unless:\n(a) the other party agrees; or\n(b) the authorised officer is satisfied there is no disadvantage to\nthe other party.\n(4) The authorised officer may adjourn a conference from time to time.\n(5) The authorised officer may bring a conference to an end at any time\nif the authorised officer considers that there is no reasonable\nprospect that the matter or matters in dispute will be resolved\nthrough the conference process.\n(6) The authorised officer may, at the conclusion of the conference\n(including where the authorised officer has acted under\nsubregulation (5)), prepare a report on the outcome of the\nconference.\n(7) The report may include such recommendations as the authorised\nofficer considers appropriate.\n(8) The authorised officer must give a copy of the report to:\n(a) each party to the conference; and\n(b) the CEO.\n(9) The report is not binding.\n","sortOrder":53},{"sectionNumber":"47","sectionType":"section","heading":"Requirement for access agreement","content":"47 Requirement for access agreement\n(1) An interest holder commits an offence if the interest holder\ncommences regulated operations on land and the land is not the\nsubject of an approved access agreement.\n(3) An interest holder is exempt from subregulation (1) if the operations\nare carried out under Part 5G.\n\nPetroleum Regulations 2020 32\n","sortOrder":54},{"sectionNumber":"48","sectionType":"section","heading":"Compliance with access agreement","content":"48 Compliance with access agreement\n(1) A party to an approved access agreement commits an offence if the\nparty contravenes one of the following provisions set out in\nSchedule 2:\n(a) item 1 (Minimum notice provisions);\n(b) item 6 (Gates);\n(c) item 10 (Notification of damage).\n","sortOrder":55},{"sectionNumber":"49","sectionType":"section","heading":"Other or additional operations","content":"49 Other or additional operations\n(1) An interest holder commits an offence if:\n(a) the interest holder commences any regulated operations; and\n(b) the regulated operations are not within the ambit of an\napproved access agreement or a variation of an approved\nMaximum penalty: 200 penalty units\n","sortOrder":56},{"sectionNumber":"50","sectionType":"section","heading":"CEO to be notified of certain steps and occurrences","content":"50 CEO to be notified of certain steps and occurrences\n(1) A person must give notice to the CEO, in accordance with\nsubregulation (2), when the person:\n(a) gives a negotiation notice under regulation 15; or\n(b) gives a notice seeking an ADR process under regulation 18\nor 37; or\n(c) makes an application to the Tribunal under regulation 29\nor 40; or\n(d) gives a notice under regulation 52(1) or 54(1).\n(2) The notice must be given by providing the CEO with a copy of the\nrelevant notice or application within 7 days after the notice is given\nor the application is made (as the case may be).\n\nPetroleum Regulations 2020 33\n(3) A person commits an offence if the person does not give notice in\naccordance with this regulation.\n(4) An offence against subregulation (3) is an offence of strict liability.\n","sortOrder":57},{"sectionNumber":"51","sectionType":"section","heading":"Owner to be notified of determination, approval or variation of","content":"51 Owner to be notified of determination, approval or variation of\n(1) This regulation applies if the designated person under an access\nagreement is not the owner of the land to which the agreement\nrelates.\n(2) The interest holder must, in accordance with subregulation (3),\nnotify the owner of the land of any notifiable occurrence.\n(3) The notification must be:\n(a) by a notice in an approved form; and\n(b) given within 7 days after the notifiable occurrence occurs.\n(4) The interest holder commits an offence if the interest holder does\nnot notify the owner of the land in accordance with this regulation.\n(6) In this regulation:\nnotifiable occurrence means any of the following:\n(a) when the Tribunal makes a determination under Division 5;\n(b) when the Minister approves an access agreement under\nDivision 6;\n(c) when the Minister approves the variation of an access\nagreement under Division 7;\n(d) when the Tribunal makes an order for the variation of an\naccess agreement under Division 8.\n\nPetroleum Regulations 2020 34\n","sortOrder":58},{"sectionNumber":"52","sectionType":"section","heading":"Low impact activities – notification","content":"52 Low impact activities – notification\n(1) An interest holder who is intending to carry out low impact activities\nin relation to land must, in accordance with subregulation (2), notify\neach designated person for the area of land in relation to which the\nlow impact activities are to be carried out of the interest holder’s\nintention to carry out the low impact activities.\n(2) The notification must be:\n(a) by a notice in an approved form; and\n(b) include the information specified in subregulation (3); and\n(c) given at least 14 days before the low impact activities are due\nto be carried out.\n(3) The following information is specified:\n(a) a plan and description of the area of land in relation to which\nthe low impact activities will be carried out sufficient to enable\nthe ready identification of the area;\nholder;\n(c) a description of the low impact activities that are to be carried\nout;\n(d) information about:\n(i) any vehicle (including an aircraft) or equipment proposed\nto be used for the purposes of the low impact activities;\nand\n(ii) in the case of airborne operations – the type of aircraft or\ndrone to be used and the altitude or altitudes at which\nthe aircraft or drone will be flying; and\n(iii) if a helicopter is going to land on the permit area or\nlicence area as part of the low impact activities – where\nthe helicopter is expected to land; and\n(iv) any infrastructure in relation to which the low impact\nactivities are to be carried out; and\n(v) the number of people expected to be involved;\n(e) information about when the low impact activities are proposed\nto be carried out and their expected duration;\n\nPetroleum Regulations 2020 35\n(f) the contact details for the interest holder.\n(3A) Once an interest holder gives a notice under subregulation (2), the\ninterest holder is authorised (without the requirement to obtain any\nfurther consent):\n(a) to carry out the low impact activities described in the notice on\nthe day, and at or between the time or times, specified in the\nnotice; and\n(b) if relevant, to land a helicopter on a permit area or licence\narea at a place or places described in the notice.\n(3B) A helicopter that has landed on a permit area or licence area under\nsubregulation (3A) may remain on the ground for a period that is\nreasonable in the circumstances.\n(4) The interest holder commits an offence if the interest holder does\nnot notify a designated person in accordance with this regulation.\n(6) This regulation does not apply in relation to an airborne survey that\ndoes not involve any physical contact with the relevant land.\n","sortOrder":59},{"sectionNumber":"53","sectionType":"section","heading":"Responsibilities associated with low impact activities","content":"53 Responsibilities associated with low impact activities\n(1) Despite any other regulation:\n(a) an interest holder must ensure that a vehicle is not driven off\nan existing road or track on land where low impact activities\nare to be carried out, for the purposes of those low impact\nactivities, without the written consent of a designated person;\nand\n(b) if a hole is created as part of carrying out low impact activities,\nthe interest holder must ensure that the hole is filled with the\nsoil or other material extracted to create the hole as soon as\nreasonably practicable after the activity for which the hole was\ncreated is completed.\n(2) The interest holder commits an offence if the interest holder fails to\ncomply with subregulation (1).\nMaximum penalty: 150 penalty units.\n\nPetroleum Regulations 2020 36\n","sortOrder":60},{"sectionNumber":"55","sectionType":"section","heading":"Low impact activities to minimise disturbances to livestock","content":"55 Low impact activities to minimise disturbances to livestock\nand related activities\n(1) The interest holder must ensure that any low impact activities are\ncarried out in a way that minimises the disturbance of any livestock\nor pastoral operations associated with livestock.\n(2) The interest holder commits an offence if the interest holder does\nnot carry out low impact activities in accordance with\nsubregulation (1).\nMaximum penalty: 150 penalty units.\n(4) It is a defence to a prosecution for an offence under\nsubregulation (2) if the defendant establishes that the disturbance\ncould not reasonably have been avoided.\nNote for subregulation (4)\nThe defendant has an evidential burden in relation to the matters in\nsubregulation (4) (see section 43BU of the Criminal Code).\n","sortOrder":61},{"sectionNumber":"56","sectionType":"section","heading":"Costs of proceedings before Tribunal","content":"56 Costs of proceedings before Tribunal\n(1) The Tribunal may, in exercising its powers in relation to costs, take\ninto account the intention that an interest holder will be responsible\nfor the reasonable costs of a designated person in any proceedings\nbefore the Tribunal.\n(2) Subregulation (1) does not apply to the following circumstances:\n(a) a designated person has, in the opinion of the Tribunal, acted\nunreasonably or in a way intended to frustrate or delay\nproceedings before the Tribunal;\n(b) the Tribunal otherwise considers that it would be inappropriate\nor unfair for the Tribunal to make an order as to costs against\nthe interest holder.\n","sortOrder":62},{"sectionNumber":"57","sectionType":"section","heading":"Tribunal to balance interests","content":"57 Tribunal to balance interests\n(1) This regulation applies when the Tribunal is considering a matter\nthat relates to:\n(a) the creation or variation of an access agreement under this\nPart; or\n\nPetroleum Regulations 2020 37\n(b) a dispute between the parties about the operation or effect of\nan access agreement.\n(2) The Tribunal must seek to find a reasonable balance between the\ninterests of an interest holder and the interests of a designated\nperson.\n(3) In seeking to find the reasonable balance, the Tribunal must ensure\nthat the interest holder is not prevented from carrying out any\noperations:\n(a) authorised under the relevant petroleum interest in a manner\nthat is consistent with, or authorised by or under, the Act, any\nRegulations under the Act, or a condition of an exploration\npermit or licence; or\n(b) required by or under the Act, any Regulations under the Act,\nor a condition of an exploration permit or a licence; or\n(c) required by or under any other Act or law.\n(4) Subregulation (3) does not derogate from the requirement to have\nan access agreement in place in accordance with these\nRegulations.\n","sortOrder":63},{"sectionNumber":"58","sectionType":"section","heading":"Inconsistency with Act, regulations or conditions of permit or","content":"58 Inconsistency with Act, regulations or conditions of permit or\nlicence\n(1) This regulation applies if there is an inconsistency between:\n(a) a provision of an approved access agreement; and\n(b) a provision of the Act, any Regulations under the Act, or a\ncondition of an exploration permit or a licence.\n(2) The provision or condition referred to in subregulation (1)(b)\nprevails and the agreement is unenforceable to the extent of the\ninconsistency.\n","sortOrder":64},{"sectionNumber":"59","sectionType":"section","heading":"Giving notices and other documents","content":"59 Giving notices and other documents\n(1) If a person is required by or under these Regulations to give a\nnotice or other document to another person, the person may, in\naddition to acting under section 117B of the Act, give the notice or\ndocument:\n(a) in a manner mentioned in section 25 of the Interpretation\nAct 1978; or\n\nPetroleum Regulations 2020 38\n(b) by sending it to an email address known to be used by the\nother person.\n(2) For subregulation (1)(b), the notice or document will be taken to\nhave been given to the other person at the time of transmission.\n","sortOrder":65},{"sectionNumber":"60","sectionType":"section","heading":"Delegation","content":"60 Delegation\nThe CEO may delegate any of the CEO's powers and functions\nunder these Regulations to a person.\n","sortOrder":66},{"sectionNumber":"61","sectionType":"section","heading":"Infringement notice offence and prescribed amount payable","content":"61 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nspecified in Schedule 4.\n(2) The prescribed amount for an infringement notice offence is the\namount equal to the monetary value of the number of penalty units\nspecified for the offence in Schedule 4.\n","sortOrder":67},{"sectionNumber":"62","sectionType":"section","heading":"When infringement notice may be given","content":"62 When infringement notice may be given\nIf an inspector believes on reasonable grounds that a person has\ncommitted an infringement notice offence, the inspector may give a\nnotice (an infringement notice) to the person.\n","sortOrder":68},{"sectionNumber":"63","sectionType":"section","heading":"Contents of infringement notice","content":"63 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to whom the prescribed amount is\npayable.\n\nPetroleum Regulations 2020 39\n(2) The infringement notice must include a statement to the effect of\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001, including (but not limited to)\naction for the following:\n(i) suspending the person's licence to drive;\n(ii) seizing personal property of the person;\n(iii) deducting an amount from the person's wages or salary;\n(iv) registering a statutory charge on land owned by the\nperson;\n(v) making a community work order for the person and\nimprisonment of the person if the person breaches the\norder.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subregulation (2)(b).\n","sortOrder":69},{"sectionNumber":"64","sectionType":"section","heading":"Electronic payment and payment by cheque","content":"64 Electronic payment and payment by cheque\n(1) If the person uses electronic means to pay the prescribed amount,\npayment is not effected until the amount is credited to the bank\naccount of the enforcement agency to which the amount is payable.\n(2) If the person tenders a cheque in payment of the prescribed\namount, the amount is not effected unless the cheque is cleared on\nfirst presentation.\n","sortOrder":70},{"sectionNumber":"65","sectionType":"section","heading":"Withdrawal of infringement notice","content":"65 Withdrawal of infringement notice\n(1) The CEO may withdraw the infringement notice by notice given to\nthe person.\n\nPart 5AA Resource management, activity and infrastructure plans\nPetroleum Regulations 2020 40\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n","sortOrder":71},{"sectionNumber":"66","sectionType":"section","heading":"Application of Part","content":"66 Application of Part\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) Also, this Part does not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been\ngiven; or\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\nPart 5AA Resource management, activity and\n66AA Well operations management plans\n(1) For section 61(3) of the Act, Schedule 4B prescribes information\nthat must be included in a well operations management plan.\n(2) A well operations management plan submitted under section 61(3)\nof the Act must be accompanied by a well control manual for the\nwell or wells to be managed under the plan.\n(3) If an interest holder revises a well control manual, the interest\nholder must provide a revised version of the manual to the Minister\nas soon as is reasonably practicable after the revision is made.\n(4) For the purposes of this regulation, a well control manual is a\ndocument that outlines the measures and procedures the interest\nholder has in place for well control during well construction or\nintervention operations.\n\nPart 5AA Resource management, activity and infrastructure plans\nPetroleum Regulations 2020 41\n66AAB Field management plans\nFor section 61(3) of the Act, Schedule 4C prescribes information\nthat must be included in a field management plan.\n66AAC Rate of recovery\nAn application for the approval of a rate of recovery must include\n(a) information about the past production performance of wells\nand pools in the field (if production has previously occurred);\n(b) the proposed rate of recovery with a breakdown of forecasted\nrates for pools and wells in the form of:\n(i) monthly forecasts for the first 12 months of production\nafter approval, including high and low range scenarios;\nand\n(ii) annual forecasts for subsequent years of production,\nconsistent with the projected production profile under the\napproved field management plan until its next scheduled\nreview, including high and low range scenarios;\n(c) a justification for the proposed rate of recovery, including:\n(i) a technical discussion to demonstrate how the proposed\nrate can achieve the ultimate recovery set out in the field\nmanagement plan and is consistent with good oilfield\npractice; and\n(ii) evidence that the proposed high range scenario\ndemonstrates the maximum achievable rate of recovery\nand will not impact negatively on reservoir performance\nor the ultimate recovery of the resource; and\n(iii) an explanation of the proposed low range scenario,\nincluding a rationale for the predicted range of\nuncertainty between high and low range scenarios.\n66AAD Petroleum surface infrastructure plans\n(1) A petroleum surface infrastructure plan may be submitted for one or\nboth of the following phases:\n(a) design and construction;\n(b) operation and decommissioning.\n\nPart 5AB Approved plans and rate of recovery – exemptions\nPetroleum Regulations 2020 42\n(2) For section 61(3) of the Act, Schedule 4D prescribes information\nthat must be included in a petroleum surface infrastructure plan (as\nmay be relevant to the stage to which the plan relates).\nPart 5AB Approved plans and rate of recovery –\nexemptions\n66AAE Application for exemption\n(1) An interest holder may apply to the Minister for an approval to carry\nout a particular activity:\n(a) that is not covered by an approved well operations\nmanagement plan or an approved petroleum surface\ninfrastructure plan; or\n(b) in a manner or in a way that is inconsistent with how the\nactivity should be carried out under an approved well\noperations management plan or an approved petroleum\nsurface infrastructure plan.\n(2) An application must be in the approved form and include the\nfollowing:\n(a) a description of the activity;\n(b) the reason or reasons for undertaking the activity;\n(c) the outcome that is intended to be achieved by carrying out\nthe activity;\n(d) information that demonstrates that the activity has been\nconsidered and approved under the management of change\nprocess outlined in the relevant approved plan;\n(e) information about how any risks associated with the activity\nhave been identified and evaluated and how any risks are to\nbe eliminated or controlled;\n(f) any other information required by the form.\n(3) An application must be accompanied by the prescribed fee.\n(4) An interest holder must also provide the Minister with any other\ninformation requested by the Minister within the time specified in\nthe request.\n\nPart 5AB Approved plans and rate of recovery – exemptions\nPetroleum Regulations 2020 43\n66AAF Approval\n(1) The Minister must not approve an application under this Division\nunless satisfied that:\n(a) the interest holder has followed the management of change\nprocess outlined in the relevant approved plan in relation to\nthe well or surface infrastructure to which the activity relates;\nand\n(b) any risks associated with the activity have been eliminated or\nreduced to as low as is reasonably practicable and that any\nrisk that remains is acceptable; and\n(c) the activity is expected to be a one-off occurrence or is the\nfirst time that the activity has been identified or considered;\nand\n(d) it is not feasible or warranted to require a review of the\nrelevant approved plan to incorporate or address the activity\nbefore it is undertaken.\n(2) The Minister may on receipt of an application and any additional\ninformation provided by the interest holder under this Division:\n(a) approve the application; or\n(b) if the Minister is not satisfied of the matters mentioned in\nsubregulation (1) – refuse the application.\n(3) The Minister must make a decision under subregulation (2) within\n21 days from when the application was made together with any\nperiod the interest holder takes to comply with any request under\nregulation 66AAE(4).\n66AAG Application for exemption\n(1) An interest holder may apply to the Minister for an approval to\nproduce petroleum for a limited period that is inconsistent with an\napproved rate of recovery.\n(2) An application for the approval of the Minister must be in the\napproved form and include:\n(a) the reason or reasons for seeking a change to the rate; and\n(b) the period for which the approval is being sought; and\n\nPetroleum Regulations 2020 44\n(c) any other information required by the form.\n(3) An interest holder must also provide the Minister with any other\ninformation requested by the Minister within the time specified in\nthe request.\n(4) The Minister must make a decision on an application within a\nreasonable period.\nDivision 3 Common provisions\n66AAH Common provisions\n(1) An approval under this Part is subject to any conditions specified by\nthe Minister on the approval.\n(2) An approval under this Part is for a period determined by the\nMinister.\n(3) The Minister may, on the application of the interest holder, extend\nthe period of an approval under this Part.\n(4) If the Minister determines to refuse to grant an approval under this\nPart, the Minister must, as soon as practicable, give the applicant a\nnotice of the determination stating the reasons for the\ndetermination.\n66AAJ Activities requiring 21 days notice\n(1) An interest holder must notify the Minister before commencing any\nof the following well activities:\n(a) a well activity that involves drilling formation or a new well\npathway;\n(b) a well activity that involves running tubular goods into a well or\nrecovering tubular goods from a well;\n(c) a well activity that involves the installation, replacement,\nmodification or removal of a Christmas tree, tubing spool,\ncasing spool or casing head from a well;\n(d) a well activity that involves the installation or removal of a\nChristmas tree saver for use with downhole operations or well\ntesting;\n\nPetroleum Regulations 2020 45\n(e) a well activity that involves the installation, replacement,\nmodification or removal of a sub-surface well barrier;\n(f) a well activity that involves perforating to gain access to a new\nformation;\n(g) stimulation operations intended to restore or enhance\nrecovery by improving the flow of hydrocarbons from the\ndrainage area into the well bore, including hydraulic fracturing\noperations;\n(h) production testing for exploration or appraisal purposes;\n(i) well decommissioning.\n(2) An interest holder must notify the Minister before commencing any\nof the following petroleum surface infrastructure activities:\n(a) site construction and commissioning of a new petroleum\nprocessing facility;\n(b) the installation, replacement, modification, repair or removal of\nshutdown systems;\n(c) activities which increase or decrease the producing capacity of\npetroleum surface infrastructure;\n(d) starting up the operation of a petroleum processing facility;\n(e) temporarily shutting down the operation of all or part of a\npetroleum processing facility;\n(f) decommissioning all or part of petroleum surface\ninfrastructure.\n(3) A notice under this regulation must be given to the Minister at least\n21 days before the commencement of the activity or within a shorter\nperiod allowed by the Minister.\n66AAK Related information\n(1) This regulation relates to a notice under regulation 66AAJ.\n(2) The notice must be accompanied by an overview of the work\nprogram for the activity to which the notice relates.\n\nPetroleum Regulations 2020 46\n(3) A notice that relates to the commencement of the drilling of a new\nwell must be accompanied by a well plan summary that sets out the\nplanned location and construction of the well relative to structural\ngeological elements and summarises the potential risks posed by\nknown geological hazards.\n(4) The Minister must ensure that a copy of a well plan summary\nprovided under subregulation (3) is published on the Agency's\nwebsite.\n66AAL Common provisions\n(1) A notification to the Minister under this Part must be in the\napproved form and include:\n(a) a reference that identifies the approved plan under which the\nactivity is to be carried out; and\n(b) a description of the well or petroleum surface infrastructure\nfacility, including the proposed or existing name, number and\nlocation of the well or facility; and\n(c) the name and contact details of the person in charge of the\nactivity (who may be a contractor carrying out the activity on\nbehalf of the interest holder); and\n(d) a description of the activity, including its objective, key\nelements, proposed milestones and, if relevant, programmed\ndepths; and\n(e) a list of any documents that have been prepared for the\nmanagement, control or operation of the activity; and\n(f) in the case of a well activity – an assessment of the current\nwell barrier integrity status and whether the well barrier\nintegrity status will be altered by the activity; and\n(g) a timetable for carrying out and completing the activity; and\n(h) any other information required by the form.\n(2) An interest holder must also provide the Minister with any other\ninformation requested by the Minister:\n(a) within the time specified in the request; or\n(b) before, during the time when, or after, the activity is\nundertaken, as specified in the request.\n\nPetroleum Regulations 2020 47\n66AAM Offences relating to notification\n(1) A person commits an offence if the person is required to give a\nnotification to the Minister under this Part and the person\n(3) A person is exempt from an offence against subregulation (1) if the\nperson is 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.\n(4) A person is exempt from an offence against subregulation (1) that\nrelates to a failure to give a notification about an activity in\naccordance with regulation 66AAJ(3) or 66AAK(2) if:\n(a) it was reasonable and consistent with good oilfield practice to\ncarry out the activity without notice due to circumstances\nexisting at the time; and\n(b) the person notifies the Minister as soon as reasonably\npracticable after carrying out the activity; and\n(c) the notification to the Minister is in the approved form.\n(5) A person commits an offence if the person is requested by the\nMinister to provide information under this Part and the person fails\nto provide the information in accordance with the request.\n\nPetroleum Regulations 2020 48\n66AAN Annual reports\nFor section 61H(4) of the Act, Schedule 4E prescribes the\ninformation that must be included in an annual report (to the extent\nthat is relevant to the petroleum interest).\n66AAP Survey reports\nFor section 61J(6)(a) of the Act, Schedule 4F prescribes the\ninformation that must be included in a survey report.\n66AAQ Geoscientific study and reprocessing reports\nFor section 61J(3) of the Act, Schedule 4G prescribes the\ninformation that must be included in a report under that subsection.\n66AAR Well barrier integrity validation reports\n(1) This regulation applies in relation to an interest holder if the interest\nholder:\n(a) completes a new well; or\n(b) installs, replaces, modifies, removes or revalidates a\nsub-surface well barrier in a previously completed well; or\n(c) acquires or receives evidence that a sub-surface well barrier\nhas been degraded.\n(2) The interest holder must, within 30 days after this regulation\napplies, submit to the Minister a report relating to the integrity of the\nbarrier.\n(3) The report must:\n(a) be in the approved form and include the information set out in\nSchedule 4H; and\n(b) comply with any guidelines published by the Minister for the\npurposes of this regulation; and\n(c) be accompanied by a fully labelled well barrier diagram\nsuitable for publication that contains relevant well and\nstratigraphy information; and\n\nPetroleum Regulations 2020 49\n(d) be accompanied by a statement signed by an independent\ncompetent person that confirms the processes undertaken to\ndetermine the integrity of the barrier are valid and the well\nbarrier diagram is accurate; and\n(e) be accompanied by evidence that the person who has signed\nthe statement is an independent competent person.\n(4) The Minister must ensure that a well barrier diagram provided\nunder subregulation (3) is published on the Agency's website.\n66AAS Daily well activity reports\n(1) An interest holder who carries out an activity that has been notified\nunder regulation 66AAJ(1) must submit a report to the Minister for\neach day on which the activity is carried out.\ninformation set out in Schedule 4J to the extent relevant to the\nactivity.\n(3) The report must be provided to the Minister by 12 noon on the day\nimmediately following the day to which the report relates.\n(4) A person commits an offence if the person is required to give a\n66AAT Monthly production reports\n(1) An interest holder who conducts activities under an approved field\nmanagement plan or for the recovery of petroleum on an appraisal\nbasis in any month must submit a production report to the Minister\nin relation to that month.\ninformation set out in Schedule 4K.\n\nPetroleum Regulations 2020 50\n(3) The report must be provided to the Minister before the end of the\n15th day of the month immediately following the month to which the\n(4) The Minister may release information in a report under this\nregulation at any time after 6 months after the month to which the\n66AAU Production test results\n(1) An interest holder who conducts well testing activities for\nexploration or appraisal purposes in any month without an approval\nunder section 57AAA of the Act must submit a production test\nreport to the Minister in relation to that month.\ninformation set out in Schedule 4L.\n(3) The report must be provided to the Minister before the end of the\n15th day of the month immediately following the month to which the\n(4) The Minister must not release information provided to the Minister\nin a report under this regulation unless the interest holder has\npublished or released the information to the general public,\nincluding the Australian Securities Exchange.\n66AAV Final well activity reports\n(1) An interest holder who completes an activity that has been notified\nunder regulation 66AAJ(1) (other than a well activity that involves\ndrilling formation or a new well pathway) must submit a final well\nactivity report to the Minister in relation to that activity.\n\nPetroleum Regulations 2020 51\ninformation set out in Schedule 4M (to the extent relevant to the\nactivity).\n(3) The report must be provided to the Minister within 3 months from\nthe date on which the activity is completed.\n(4) A person commits an offence if the person is required to give a\n(6) A report is not required under this regulation to the extent that it\nrelates to a matter that is to be covered by a well completion report\nunder regulation 66AAW.\n66AAW Well completion reports\nFor section 61K(3) of the Act:\n(a) Schedule 4N prescribes the information that must be included\nin an initial well completion report; and\n(b) Schedule 4P prescribes the information that must be included\nin a final well completion report.\n66AAX Discovery evaluation and revised estimates reports\n(1) A report to the Minister under section 64(1)(b) of the Act must:\n(a) include the information set out in Schedule 4Q; and\n(b) be accompanied by a copy of the notification form provided to\nthe Minister under section 64(1)(a) of the Act.\n(2) If a permittee or licensee undertakes an activity or conducts a study\nthat results in a revised estimate of petroleum in a particular pool,\nthe permittee or licensee must provide the Minister with a revised\nreport.\n(3) A report under subregulation (2) must be in the approved form and\ninclude the information set out in Schedule 4R.\n(4) A report under subregulation (2) must be provided to the Minister as\nsoon as practicable after the decision is made to make the revision\nand in any case before any announcement is made to the\nAustralian Securities Exchange or to the general public.\n\nPetroleum Regulations 2020 52\nreport to the Minister under subregulation (2) and the person\n","sortOrder":72},{"sectionNumber":"66A","sectionType":"section","heading":"Late lodgement fee","content":"66A Late lodgement fee\n(1) This regulation applies in relation to a person who is liable to pay a\nlate lodgement fee under section 61H(10), 61J(9) or 61K(6) of the\nAct.\n(2) The late lodgement fee is:\n(a) for section 61H(10) – 100 revenue units for each week or part\nof a week while the person is in default; and\n(b) for sections 61J(9) and 61K(6) – 50 revenue units for each\nweek or part of a week while the person is in default.\n(3) The Minister must give the person a written notice (a late\nlodgement notice) before the Minister acts to recover a late\nlodgement fee.\n(4) A late lodgement notice must:\n(a) provide information about the default; and\n(b) state that a late lodgement fee is payable under the Act; and\n(c) specify the amount of the late lodgement fee payable by the\nperson for each week or part of a week while the person is in\ndefault; and\n(d) state that if the person does not pay the late lodgement fee,\nthe unpaid amount is a debt due and payable to the Territory.\n(5) A late lodgement notice must be given:\n(a) by registered post; or\n(b) if the contact details of the person to be given the notice\ninclude an email address – by email.\n\nPetroleum Regulations 2020 53\n","sortOrder":73},{"sectionNumber":"66B","sectionType":"section","heading":"Liability for levy","content":"66B Liability for levy\nFor section 117AZG of the Act, all permittees and licensees are\nliable to pay a monitoring and compliance levy.\n","sortOrder":74},{"sectionNumber":"66C","sectionType":"section","heading":"Amount of levy","content":"66C Amount of levy\n(1) For section 117AZH of the Act:\n(a) the amount of a monitoring and compliance levy is determined\nin accordance with Schedule 4A; and\n(b) a monitoring and compliance levy is payable in relation to\nregulated activities; and\n(c) a monitoring and compliance levy is payable in relation to\neach environment management plan.\n(2) For Schedule 4A:\n(a) the monetary value of the base fee is 14 548 revenue units;\nand\n(b) the monetary value of a unit value is 1 091 revenue units.\n","sortOrder":75},{"sectionNumber":"66D","sectionType":"section","heading":"Payment of levy","content":"66D Payment of levy\n(1) Subject to subregulation (2), a monitoring and compliance levy for a\nfinancial year must be paid by 31 July of the financial year to which\nthe levy relates.\n(2) If a permittee or licensee obtains approval for a new activity under\n","sortOrder":76},{"sectionNumber":"Part 2","sectionType":"part","heading":"of the Petroleum (Environment) Regulations 2016:","content":"Part 2 of the Petroleum (Environment) Regulations 2016:\n(a) an additional monitoring and compliance levy is payable in\nrelation to the activity; and\n(b) the monitoring and compliance levy must be paid within\n30 days after the approval is given; and\n(c) subject to the operation of Schedule 4A, those activities will be\ntaken into account for the ensuing financial year.\n\nPetroleum Regulations 2020 54\n","sortOrder":77},{"sectionNumber":"Part 5C","sectionType":"part","heading":"Orphan well levy","content":"Part 5C Orphan well levy\n","sortOrder":78},{"sectionNumber":"66E","sectionType":"section","heading":"Increase in rate of levy","content":"66E Increase in rate of levy\nFor section 117AZP(3)(b) of the Act, the number of revenue units\nis:\n(a) for the 2024/2025 financial year – the number of revenue units\nspecified in section 117AZP(3)(a) of the Act plus 15 revenue\nunits; and\n(b) for a subsequent financial year up to and including the\n2033/2034 financial year – the number of revenue units for the\nimmediately preceding financial year plus 15 revenue units;\nand\n(c) for the 2034/2035 financial year and each subsequent\nfinancial year – 234 revenue units.\n","sortOrder":79},{"sectionNumber":"66F","sectionType":"section","heading":"Definitions","content":"66F Definitions\nIn this Part:\nannual fee means an annual fee under section 26, 39 or 53 of the\nAct.\nlevy means:\n(a) a monitoring and compliance levy; or\n(b) an orphan well levy.\nrelevant charge means:\n(a) an annual fee; or\n(b) a levy.\nstatutory interest rate, see section 35 of the Taxation\nAdministration Act 2007.\n","sortOrder":80},{"sectionNumber":"66G","sectionType":"section","heading":"Application of Part","content":"66G Application of Part\nThis Part applies to:\n(a) a permittee or licensee who fails to pay an annual fee in\naccordance with the Act; or\n\nPetroleum Regulations 2020 55\n(b) a person who fails to pay a levy in accordance with the Act.\n","sortOrder":81},{"sectionNumber":"66H","sectionType":"section","heading":"Imposition of interest","content":"66H Imposition of interest\n(1) Interest is imposed if a relevant charge is not paid within 1 month\nafter it is payable.\n(2) The interest accrues:\n(a) on the last day of the month referred to in subregulation (1);\nand\n(b) subsequently – on the last day of each month while the\nrelevant charge remains unpaid.\n(3) The interest accrues at the statutory interest rate as in force from\ntime to time on a monthly basis.\n","sortOrder":82},{"sectionNumber":"66J","sectionType":"section","heading":"Related provisions","content":"66J Related provisions\n(1) The statutory interest rate applied in relation to a particular month is\nthe rate applying at the beginning of the month.\n(2) Interest is not payable if the amount of accrued interest at the time\nthe relevant charge is paid in full is less than $20.\n(3) Interest accrued under this Part must be paid at the time the\nrelevant charge is paid and, until it is paid, is a debt due to the\nTerritory.\n","sortOrder":83},{"sectionNumber":"66K","sectionType":"section","heading":"Reporting of serious incidents","content":"66K Reporting of serious incidents\n(1) A permittee or licensee must report a serious incident to the\nMinister:\n(a) by telephone as soon as practicable (and in any case within\n2 hours) after becoming aware of its occurrence; and\n(b) by providing a written notification by email within 24 hours\nafter becoming aware of its occurrence.\n(2) A notification under subregulation (1)(b) must comply with the\nrequirements of regulation 66M.\n(3) If a serious incident relates to the integrity of a well or surface\ninfrastructure, the permittee or licensee must provide a report to the\nMinister within 1 month after its occurrence (or within a longer\nperiod allowed by the Minister).\n\nPetroleum Regulations 2020 56\n(4) A report under subregulation (3) must be a report of an\ninvestigation carried out in relation to the serious incident and must\ninclude:\n(a) an analysis to determine the cause of the incident; and\n(b) information on the actions taken to restore the integrity of the\nwell or surface infrastructure; and\n(c) details of the action taken to prevent a recurrence of the\nincident.\n(5) A report under subregulation (3) must be accompanied by a copy of\nall documents relevant to the investigation.\n","sortOrder":84},{"sectionNumber":"66L","sectionType":"section","heading":"Reportable incidents","content":"66L Reportable incidents\n(1) A permittee or licensee must report a reportable incident to the\nMinister by providing a written notification by email within 72 hours\nafter becoming aware of its occurrence.\n(2) A notification under subregulation (1) must comply with the\nrequirements of regulation 66M.\n","sortOrder":85},{"sectionNumber":"66M","sectionType":"section","heading":"Common provisions","content":"66M Common provisions\n(1) A written notification of a serious incident or a reportable incident\nmust be in the approved form and include the following information:\n(a) the name and business address of the permittee or licensee;\n(b) the name and telephone number of a person who can be\ncontacted about the incident;\n(c) the time and date of the occurrence of the incident;\n(d) the place where the incident occurred, using appropriate\ncoordinates or distances from significant topographical\nfeatures;\n(e) in a case involving spillage or petroleum release – the\napproximate quantity of the spillage or petroleum released;\n(f) the approximate size of any area affected by the incident, if\nrelevant;\n(g) the nature and extent of any injury to a person and, if death\nhas occurred, the cause and place of death;\n(h) the steps that have been taken to prevent, control, minimise or\naddress any damage to any area affected by the incident;\n\nPetroleum Regulations 2020 57\n(i) any other information required by the form.\n(2) A permittee or licensee must also provide the Minister with any\nother information requested by the Minister within the time specified\nin the request.\n(3) A permittee or licensee who is required to give a report or\nnotification about an incident to the Minister under this Part must\nkeep a record of the incident, and a copy of any report provided to\nthe Minister, for at least 5 years after the occurrence of the incident.\n","sortOrder":86},{"sectionNumber":"66N","sectionType":"section","heading":"Offences relating to reporting and record retention","content":"66N Offences relating to reporting and record retention\n(1) A person commits an offence if the person is required to give a\nreport or notification, or any other information, to the Minister under\nthis Part and the person contravenes that requirement.\n(2) A person commits an offence if the person is required to keep a\nrecord or report under regulation 66M(3) and the person\n(3) An offence against subregulation (1) or (2) is an offence of strict\nliability.\n","sortOrder":87},{"sectionNumber":"66P","sectionType":"section","heading":"Definition","content":"66P Definition\nIn this Part:\nkey records means records created by an interest holder in\nconnection with any inspection, survey, testing, assessment or\nother activity that the interest holder has indicated will be\nundertaken:\n(a) under or for the purposes of an approved well operations\nmanagement plan, field management plan or petroleum\nsurface infrastructure plan; or\n(b) under or as a result of an approval under Part 5AB; or\n(c) under an approval to recover petroleum on an appraisal basis\nunder the Act.\n\nPetroleum Regulations 2020 58\n","sortOrder":88},{"sectionNumber":"66Q","sectionType":"section","heading":"Records to be kept","content":"66Q Records to be kept\n(1) An interest holder must keep key records:\n(a) in Australia or in a way in which they are easily accessible in\nAustralia; and\n(b) for 5 years following the date on which the petroleum interest\nto which they relate expires or is surrendered or cancelled;\nand\n(c) in a manner that makes retrieval of the record reasonably\npracticable.\n(2) An interest holder commits an offence if the interest holder fails to\nkeep key records in accordance with the requirements of\nsubregulation (1).\nMaximum penalty: 100 penalty units.\n","sortOrder":89},{"sectionNumber":"66R","sectionType":"section","heading":"Making records available","content":"66R Making records available\n(1) The Minister or an inspector may direct an interest holder to make\navailable copies of key records.\n(2) The copies must be made available:\n(a) if a serious incident occurs – as soon as possible after the\noccurrence of the incident; or\n(b) otherwise – during normal business hours.\n(3) The copies must be available (including by means of electronic\ntransmission):\n(a) at the Agency's address; or\n(b) if agreed between the interest holder and the person making\nthe request – at any other place.\n(4) An interest holder commits an offence if:\n(a) the interest holder is given a direction under subregulation (1);\nand\n(b) the interest holder contravenes the direction.\nMaximum penalty: 100 penalty units.\n\nPetroleum Regulations 2020 59\n","sortOrder":90},{"sectionNumber":"66S","sectionType":"section","heading":"Application of Part","content":"66S Application of Part\nThis Part applies in relation to a person if the person is given a\ndirection under any of the following provisions of the Act:\n(a) section 57A(12);\n(b) section 71(1);\n(c) section 77(1);\n(d) section 89L;\n(e) section 89N;\n(f) section 89W.\n","sortOrder":91},{"sectionNumber":"66T","sectionType":"section","heading":"Right of access","content":"66T Right of access\n(1) Subject to this regulation, the person may enter the land to which\nthe direction relates:\n(a) to take action to comply with the direction; or\n(b) to establish, maintain or inspect, or to remove, any monitoring\nor other equipment associated with the surrender, cancellation\nor expiry of an access authority, exploration permit or licence.\n(2) A person who is intending to enter land under subregulation (1)\nmust notify each designated person for the land of the person's\nintention to enter the land in accordance with subregulation (3).\n(3) The notification must:\n(a) be in the approved form; and\n(b) include the information specified in subregulation (4); and\n(c) be given at least 7 days before access is required unless the\nperson reasonably requires access within a shorter period in\nwhich case the notice must be given within a reasonable\nperiod before entering the land.\n\nPetroleum Regulations 2020 60\n(4) For subregulation (3)(b), the following information is specified:\n(a) a plan and description of the area of land in relation to which\naccess is required;\n(b) information about the direction given to the person under a\nprovision mentioned in regulation 66S;\n(c) a description of the work or activities that are to be carried out;\n(d) information about:\n(i) any vehicle (including aircraft) or equipment proposed to\nbe used on the land; and\n(ii) if a helicopter is going to land on the land – where the\nhelicopter is expected to land; and\n(iii) the number of people expected to be involved;\n(e) information about when the work or activities are proposed to\nbe carried out and their expected duration;\n(f) the contact details of the person giving the notice.\n(5) Once a person gives a notice under subregulation (3), the person is\nauthorised (without the requirement to obtain any further approval\nunder these Regulations or consent):\n(a) to enter the land in accordance with the notice on the day and\nat or between the times specified under subregulation (4)(e);\nand\n(b) to carry out the work or activities described in the notice.\n(6) The person may only remain on the land for a period that is\nreasonable in the circumstances.\n(7) The person must ensure that any work or activities are carried out\nin a way that minimises the disturbance of the lawful rights and\nactivities of an owner or occupier of the land.\n","sortOrder":92},{"sectionNumber":"66U","sectionType":"section","heading":"Right may be exercised by employee, agent or contractor","content":"66U Right may be exercised by employee, agent or contractor\nA right of entry to land conferred on a person under this Part may\nbe exercised by an employee, agent or contractor of the person.\n\nPetroleum Regulations 2020 61\n","sortOrder":93},{"sectionNumber":"66V","sectionType":"section","heading":"CEO to be given copy of notice","content":"66V CEO to be given copy of notice\n(1) A person must give notice to the CEO, in accordance with\nsubregulation (2), when the person gives a notice to a designated\nperson under this Part.\n(2) The notice must be given by providing the CEO with a copy of the\nrelevant notice within 7 days after the notice is given to the\ndesignated person.\n(3) A person commits an offence if the person does not give notice in\naccordance with this regulation.\n(4) An offence against subregulation (3) is an offence of strict liability.\n","sortOrder":94},{"sectionNumber":"66W","sectionType":"section","heading":"Compensation","content":"66W Compensation\n(1) This regulation applies to a person who enters land under this Part\nif the person:\n(a) is not the holder of a petroleum interest; and\n(b) is not entering land as an employee, agent or contractor of the\nholder of a petroleum interest.\n(2) An owner or occupier of land who incurs loss or damage because\nof action taken by the person is entitled to reasonable\ncompensation for that loss or damage.\n(3) The compensation is recoverable as a debt in a court of competent\njurisdiction.\n(4) No action lies against the Territory in connection with an entitlement\nto compensation under this regulation.\n","sortOrder":95},{"sectionNumber":"66X","sectionType":"section","heading":"Entry with consent","content":"66X Entry with consent\nNothing in this Part prevents a person entering land and carrying\nout any work or activity with the consent of the owner or occupier of\nthe land.\n\nPetroleum Regulations 2020 62\n","sortOrder":96},{"sectionNumber":"66Y","sectionType":"section","heading":"Release of samples by Minister","content":"66Y Release of samples by Minister\nFor section 61L(9) of the Act, the Minister may release a sample, or\na part of a sample:\n(a) for a sample obtained from a well at the time of drilling – when\nthe final well completion report is released by the Minister\nunder section 61K(9) of the Act, or at a later time; or\n(b) for a sample obtained from a well after rig release – at any\ntime after the final well completion report is released by the\nMinister under section 61K(9) of the Act; or\n(c) at any time:\n(i) with the written consent of the permittee or licensee; or\n(ii) after the permittee or licensee has published details of\nthe sample.\n","sortOrder":97},{"sectionNumber":"66Z","sectionType":"section","heading":"Release of information by Minister","content":"66Z Release of information by Minister\nFor section 62A(8)(d) of the Act, the Minister is authorised to\nrelease information if it:\n(a) was acquired under Part 5E; or\n(b) is being released with the consent of the person who provided\nthe information; or\n(c) has already been published by the person who provided the\ninformation, or by another person.\n66ZA Surrender\nFor section 73(5)(c) of the Act, the following is prescribed:\n(a) a statement estimating the remaining petroleum resources\npresent in each petroleum pool in the proposed surrender\narea, including the data, assumptions and methodologies on\nwhich those estimates are based;\n(b) a list of all reports and samples that are still to be submitted\nunder Part III, Division 1, Subdivision 3 of the Act.\n\n","sortOrder":98},{"sectionNumber":"Div 2","sectionType":"division","heading":"Transitional matters for Petroleum Regulations 2020","content":"Division 2 Transitional matters for Petroleum Regulations 2020\nPetroleum Regulations 2020 63\n66ZB Electronic processes\n(1) For section 117K of the Act, a direction or notice to be given or\nprovided to a person under the Act or these Regulations may be\ngiven or provided by sending it to the recipient's email address as\nan attachment to an email.\n(2) Subject to evidence to the contrary, a direction or notice sent as\nmentioned in subregulation (1) is taken to be given or provided to\nthe recipient when it is sent to the recipient's email address.\nDivision 1 Repeals\n67 Regulations repealed\nThe Regulations specified in Schedule 5 are repealed.\nDivision 2 Transitional matters for Petroleum\nRegulations 2020\n68 Definition\ncommencement means the commencement of regulation 5 of\nthese Regulations.\n","sortOrder":99},{"sectionNumber":"69","sectionType":"section","heading":"Transition period – access agreements","content":"69 Transition period – access agreements\n(1) If regulated operations commenced before the commencement, an\napproved access agreement is not required in order to continue the\nregulated operations during the transition period.\n(2) However, an interest holder requires:\n(a) an agreement with a designated person about access to the\nrelevant land in order to continue regulated operations during\nthe transition period; and\n(b) an approved access agreement in order to continue regulated\noperations after the end of the transition period.\n(3) A party to an agreement entered into before the commencement\nmay, during the transition period, apply to the Minister for the\nregistration of the agreement under Part 4 as if it were an approved\n\nDivision 2 Transitional matters for Petroleum Regulations 2020\nPetroleum Regulations 2020 64\n(4) An application under subregulation (3) must:\n(b) be accompanied by a copy of the agreement that is verified as\nbeing a true copy of the agreement in a manner acceptable to\nthe Minister; and\n(5) The Minister may, on application under subregulation (3), register\nthe agreement if the Minister is satisfied that the agreement makes\nreasonable provision about access to land for the purposes of\ncarrying out regulated operations (and the Minister is not required\nto be satisfied that the agreement meets the minimum protection\nrequirements).\n(6) An agreement registered under subregulation (5) is taken to be an\napproved access agreement that continues for the balance of its\nterm.\n(7) An interest holder commits an offence if the interest holder carries\nout regulated operations in contravention of subregulation (2)(b).\n(8) An offence against subregulation (7) is an offence of strict liability.\n(9) In this regulation:\ntransition period means the period of 12 months starting on the\ncommencement.\n","sortOrder":100},{"sectionNumber":"70","sectionType":"section","heading":"Negotiations","content":"70 Negotiations\n(1) This regulation applies if negotiations were commenced by an\ninterest holder before the commencement for an agreement with a\ndesignated person about access to the relevant land in order to\ncommence regulated operations.\n(2) The CEO may, on application by the interest holder, appoint a\nmember of the Mediators Panel to conduct a mediation under these\nRegulations if satisfied:\n(a) that the period since the negotiations started is at least\n60 days; and\n(b) that over the period of the negotiations the interest holder has\nacted in good faith in the conduct of the negotiations.\n\nDivision 3 Application of Act to leases granted under repealed Act\nPetroleum Regulations 2020 65\n(3) An application under subregulation (2) must be in an approved\nform.\n(4) A mediation will proceed (and the other provisions of these\nRegulations will apply) as if it the mediator had been appointed\nunder regulation 23(1).\n","sortOrder":101},{"sectionNumber":"71","sectionType":"section","heading":"Processes relating to datums","content":"71 Processes relating to datums\n(1) For regulation 5 of these Regulations:\n(a) any instrument issued by the Minister under regulation 5 of the\nrepealed Regulations before the commencement continues to\nhave effect after the commencement; and\n(b) the Minister may take action under these Regulations in\nrelation to any record or document, or any other instrument,\napplying under regulation 5 of the repealed Regulations before\nthe commencement.\nrepealed Regulations mean the Petroleum Regulations 1994 as in\nforce immediately before the commencement.\nDivision 3 Application of Act to leases granted under\nrepealed Act\n","sortOrder":102},{"sectionNumber":"72","sectionType":"section","heading":"Application of provisions of Act","content":"72 Application of provisions of Act\nFor section 119(14)(a) of the Act, the following provisions of the Act\nextend to and in relation to a lease referred to in section 119(1) of\nthe Act:\n(a) section 6A;\n(b) section 15A;\n(c) section 57AAE;\n(d) section 57ABA;\n(e) section 57AB;\n(f) Part III, Division 1, Subdivisions 2 and 3;\n(g) section 64;\n(h) section 69A;\n\nDivision 3 Application of Act to leases granted under repealed Act\nPetroleum Regulations 2020 66\n(i) section 75;\n(j) Part III, Divisions 6, 7, 8 and 9;\n(k) Parts V and VA;\n(l) Parts VC, VD, VE and VF;\n(m) Part VI, other than sections 118 and 119.\nNote for paragraph (a)\n","sortOrder":103},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"to the Act already applies the principles of ecologically sustainable","content":"Schedule 1 to the Act already applies the principles of ecologically sustainable\ndevelopment to decisions under section 119 of the Act to renew a lease and\ndecisions under section 119(2B), (2C) and (6) of the Act.\nNote for paragraph (c)\n","sortOrder":104},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"to the Act already allows a person to seek judicial review of decisions","content":"Schedule 2 to the Act already allows a person to seek judicial review of decisions\nunder section 119(2AA) and (2F) of the Act.\n","sortOrder":105},{"sectionNumber":"73","sectionType":"section","heading":"Application of regulations","content":"73 Application of regulations\nFor section 119(14)(b) of the Act, the following regulations extend\nto and in relation to a lease referred to in section 119(1) of the Act:\n(a) these Regulations;\n(b) the Petroleum (Environment) Regulations 2016;\n(c) the Petroleum (Transitional) Regulations 2023.\n\nPetroleum Regulations 2020 67\nregulation 4(1)\nProvision Description Revenue\nsection 16 Application for grant of permit 15 748\nsection 23 Application for renewal of permit 8 184\nsection 26 Annual fee in relation to a permit per block\nper annum\nsection 28 Variation, suspension or waiver of condition\nof permit\n6 034\nsection 32 Application for retention licence 17 504\nsection 37 Application for renewal of retention licence 8 087\nsection 39 Annual fee in relation to a retention licence\nper block per annum\n9 415\nsection 41 Variation of condition of retention licence 6 263\nsection 45 Application for production licence 36 316\nsection 51 Application for renewal of production licence 6 671\nsection 53 Annual fee in relation to a production licence\nper block or part of a block per annum\n11 500\nsection 55 Variation of condition of production licence 4 847\nsection 57A Application for grant of access authority 5 006\nsection 57AAA Application to approve recovery of\npetroleum on appraisal basis\n18 158\nsection 57AAB Application to approve transfer of interest in\napplication\n1 415\nsection 73 Application to surrender all or part of permit\narea\nsection 73 Application to surrender all or part of licence\narea\n\nPetroleum Regulations 2020 68\nProvision Description Revenue\nsection 93 Application to approve transfer of an interest 1 934\nsection 94(2) Entry in Register of name of applicant as\npermittee or licensee\nsection 96(4) Approval of instruments relating to interests 165\nsection 100 Inspection of Register and instruments 19\nsection 102(2) Copy of or extract from Register or\ninstrument (per page)\nsection 102(3) Certificate issued by Registrar 33\nsection 104E Application to approve change in control 1 415\nregulation 31 Application for approval of access\nregulation 33 Application for registration of access\nregulation 35 Application for inspection of register 19\nregulation 36 Application for certified copy or certificate 33\nregulation 39 Application for approval and registration of\nvariation of access agreement (other than a\nvariation by order of the Tribunal)\nregulation 39 Application for registration of variation of\naccess agreement by order of the Tribunal\nregulation\n66AAE(3)\nApplication for approval of activity 985\nregulation 69(4) Application for registration of agreement\nunder transitional provisions\n\nPetroleum Regulations 2020 69\n","sortOrder":106},{"sectionNumber":"Sch 1A","sectionType":"schedule","heading":"Fees for resource management, activity and","content":"Schedule 1A Fees for resource management, activity and\nregulation 4(2)\nThe fee for an application for the approval of a well\noperations management plan under section 61(2)(b) of the\nAct is to be determined by its complexity as follows:\n– high complexity well operations management\nplan, being a plan that involves the management of a\nwell that includes any of the following:\no high pressure – the maximum anticipated\nsurface pressure is greater or equal to\n10,000 psi (69 MPa) or needs the deployment\nof pressure control equipment with a rated\nworking pressure in excess of 10,000 psi\n(69 MPa));\no high temperature – the undisturbed bottom\nhole temperature at prospective reservoir\ndepth or total depth is greater or equal to\n149 degrees Celsius or (300 degrees\nFahrenheit);\no hydraulic fracturing/well stimulation;\no the management of risks arising from the\npresence of hydrogen sulphide from the\nreservoir, including by the deployment of\nadditional equipment, plans and emergency\nprocedures;\no managed pressure drilling;\no a well outside known fields, or the first well\ndrilled in an petroleum field where no other\npetroleum production exists;\no novel drill operations and equipment needing\nthe deployment of specific non-standard or\nnew equipment or techniques not currently in\n11 614\n\nPetroleum Regulations 2020 70\nuse or approved for use;\n– medium complexity, being a plan that is not high\ncomplexity and covers the operation of more than\none well;\n7 946\n– low complexity, being all other plans 6 113\nThe fee for an application for the approval of a field\nmanagement plan under section 61(2)(b) of the Act\n34 622\nThe fee for an application for the approval of a petroleum\nsurface infrastructure plan under section 61(2)(b) of the Act\n11 397\nThe fee for an application for the approval of a revised well\noperations management plan under section 61B(5) of the\nAct is to be determined by its complexity as follows:\n- high complexity;\n- medium complexity;\n- low complexity\nThe level of complexity is the same as the level of\ncomplexity for the approval of the well operations\nmanagement plan except that the only activities to be taken\ninto account are activities not previously covered by the\nplan.\n8 333\n5 702\n4 386\nThe fee for an application for the approval of a revised field\nmanagement plan under section 61B(5) of the Act is to be\ndetermined by its complexity as follows:\n– medium complexity, being a revised plan that is not\nlow complexity;\n16 061\n– low complexity, being a revised plan:\no with a minimum of 10 years production data;\nor\no where the permittee or licensee does not\npropose to make a significant change to\ndevelopment or management strategy of the\n12 354\n\nPetroleum Regulations 2020 71\nfield covered by the plan\nThe fee for an application for the approval of a revised\npetroleum surface infrastructure plan under section 61B(5)\nof the Act is to be determined by its complexity as follows:\n– high complexity, being a revised plan that includes\nthe development of a new petroleum processing\nfacility;\n7 944\n– medium complexity, being a revised plan that:\no is not high complexity; and\no includes the development of new well site\nfacilities and pipelines;\n5 435\n– low complexity, being any other revised plan 4 181\nThe fee for an application to vary a condition of an approved\nplan under section 61C(3)(b) of the Act\n4 386\n\nPetroleum Regulations 2020 72\nregulation 4(3)\n1 In this Schedule:\nassessment rating means the assessment rating for a particular\nactivity category specified in the Table.\n2 (1) The monetary value of the base fee is 28 047 revenue units.\n(2) The monetary value of a unit value is 2 104 revenue units.\n3 (1) The fee for an application for the approval of an environment\nmanagement plan has 2 components:\n(a) the base fee; and\n(b) the sum of the assessment ratings for each title area for the\nregulated activities to which the environment management\nplan relates, multiplied by the unit value.\n(2) In calculating the component of the fee under subclause (1)(b):\n(a) if 2 or more activities to be undertaken in a particular title area\nfall into a particular activity category, that category will be\ncounted once in relation to that title area; and\n(b) an activity to be undertaken in 2 or more title areas will be\ncounted once for each title area; and\n(c) for 2 or more seismic surveys to be undertaken in a title area,\nthe total length of seismic surveys in that title area are to be\nadded together for the purposes of the Table.\n(3) The fee for a revision of a current environment management plan,\npayable when the proposed revision is submitted to the Minister, is\nthe same as the fee for the approval of an environment\nmanagement plan.\nTable\nActivity category Assessment\nLand clearing (for any purpose) and earthworks (including cutting, filling,\nexcavating or trenching) 2\n\nPetroleum Regulations 2020 73\nActivity category Assessment\nSeismic surveys (total length):\nup to 100 km\nmore than 100 km\nfracture stimulation activities – up to 3 wells\nfracture stimulation activities – 4 or more wells\nstimulation activities – up to 3 wells\nstimulation activities – 4 or more wells\nThe construction, operation, modification, decommissioning, dismantling\nor removal of other facilities used for the recovery or processing of\npetroleum\nThe construction, operation, modification, decommissioning, dismantling\nor removal of any other facilities 3\n\nPetroleum Regulations 2020 74\nregulation 14\nNotes for Schedule 2\n1 A reference in this Schedule to an owner/occupier is a reference to the\nperson who is the designated person under these Regulations.\n2 For the purposes of an access agreement, the parties should determine\nwhether the references should be to an owner or to an occupier.\n3 The parties should also determine whether the agreement should refer to\na permit or to a licence (depending on the kind of petroleum interest held\nby the interest holder).\n1 Minimum notice\nperiods\n(1) Unless otherwise agreed with the\nowner/occupier, the interest holder must give\nat least 14 days notice of the interest\nholder's intention to commence regulated\noperations on the land.\n(2) A notice to a party will be sent to the address\nnominated by the party for the service of\nnotices under the agreement.\n(3) The requirement to give a notice under this\nclause does not apply if the interest holder is\nacting:\n(a) for the purpose of preserving life or\nproperty, or addressing a threat or risk\nto life or property; or\n(b) in an emergency situation, or\nthreatened emergency; or\n(c) in order to comply with any Act or law,\norder or direction of a court or tribunal\nconstituted by law, or order or\ndirection of an official acting under a\nlaw of the Territory or the\nCommonwealth.\n(4) If the interest holder acts under\nsubclause (3), the interest holder must take\nreasonable steps to notify the\nowner/occupier of the interest holder's entry\nto the land before entry.\n\nPetroleum Regulations 2020 75\n2 Minimise\ndisturbance\nThe interest holder must do everything that is\nreasonably practicable to minimise disturbance to\nthe owner/occupier's livestock (if any) and existing\nuses of the land.\n3 Weeds, pests\nand diseases\nThe interest holder must take all reasonable\nmeasures to prevent the introduction or spread of\nweeds, feral pests or diseases on account of the\ninterest holder's activities under the permit/licence.\n4 Induction The interest holder must take reasonable steps to\nensure that the interest holder's employees and\ncontractors have received information and training\non the obligations that apply in relation to carrying\nout operations or work on the land under:\n(a) the agreement; and\n(b) the Act and the Regulations made under the\nAct; and\n(c) any other Act.\n5 Access points (1) The parties must take reasonable steps to\nagree on the location of access points to the\nland.\n(2) To the extent that agreement is not reached\nunder subclause (1):\n(a) if reasonably practicable – the interest\nholder must use an existing access\npoint to the land (whether a road,\ntrack or otherwise); or\n(b) to the extent that paragraph (a) does\nnot apply – the interest holder must\ndesign and construct any necessary\naccess point in a way that minimises\n(so far as is reasonably practicable)\ndisturbance to the owner/occupier's\nexisting uses of the land.\n(3) The interest holder must maintain any\naccess point (whether a road, track or\notherwise) used by the interest holder in a\nsafe condition.\n\nPetroleum Regulations 2020 76\n6 Gates Unless otherwise agreed with the owner/occupier in\na specific case, the interest holder must, after using\na gate, return the gate to its original position.\n7 Consent to\nfence\n(1) Subject to the Act and the interest holder's\nobligations under the Work Health and\nSafety (National Uniform Legislation)\nAct 2011 or under any other regulatory\nrequirements, the interest holder must not\nconstruct a fence, gate, grid or other barrier\non the land without the consent of the\nowner/occupier.\n(2) Unless otherwise agreed with the\nowner/occupier, any fence, gate, grid or\nother barrier constructed on the land must be\nstock-proof.\n8 Camps If the interest holder proposes to construct a camp\non the land, the parties agree to take reasonable\nsteps to agree on the location, size and\nmanagement of the camp.\n9 Obligation to\nrepair\nIf a fence, gate, grid or other barrier is damaged on\naccount of any activities carried out under the\npermit/licence, the interest holder must:\n(a) promptly notify the owner/occupier providing\nreasonable details of the damage; and\n(b) promptly notify the Agency; and\n(c) either:\n(i) in consultation with the\nowner/occupier, repair the damage; or\n(ii) with the agreement of the\nowner/occupier, pay the\nowner/occupier the reasonable cost of\nrepair, being an amount agreed\nbetween the parties.\n10 Notification of\ndamage\n(1) This clause applies if any loss, harm or\ndamage is caused to any of the\nowner/occupier's land, infrastructure or\nlivestock on account of an activity carried out\nunder the permit/licence, other than damage\nreferred to in clause 9.\n\nPetroleum Regulations 2020 77\n(2) If this clause applies, the interest holder\nmust, as soon as practicable after the\nincident and in any event within 14 days:\n(a) notify the owner/occupier, providing\nreasonable details of the loss, harm or\ndamage; and\n(b) unless the incident is a reportable\nincident under the Petroleum\n(Environment) Regulations 2016,\nnotify the Agency.\n(3) The interest holder must use the interest\nholder's best endeavours to ensure that a\nnotification under subclause (2)(a) is given at\nthe same time as, or before, a notification is\ngiven under subclause (2)(b).\n11 Rehabilitation\nand\nremediation\n(1) The interest holder must consult with the\nowner/occupier about the rehabilitation and\nremediation of the land and, subject to any\nregulatory requirements, have reasonable\nregard to the owner/occupier's proposals\nrelating to rehabilitation and remediation of\nthe land.\n(2) The interest holder must:\n(a) confer with the owner/occupier about\nleaving in place improvements that\nare of use to the owner/occupier (if\nthey can be lawfully left in place); and\n(b) within 3 months after completing the\nrehabilitation and remediation\nrequired under the Act or Regulations\nmade under the Act, engage a\nsuitably qualified person, who is\nindependent of the parties, to prepare\nand provide a report that assesses the\nextent and effectiveness of the\nrehabilitation and remediation.\n(3) The interest holder must, within 1 month\nafter receiving a report under subclause (2),\nprovide a copy of the report to:\n(a) the owner/occupier; and\n(b) the Agency.\n\nPetroleum Regulations 2020 78\n12 Compensation\nfor drilling\n(1) The minimum amount of compensation\npayable for the drilling of a well on the land\nmust be set out under this clause.\n(2) This clause does not limit any right under\nany provision of the Act as to the provision or\npayment of compensation, or any right to\napply to the Tribunal with respect to a\ndispute about compensation.\n13 Compensation\nfor decrease in\nvalue of land\n(1) This clause must indicate whether it is\nanticipated that any activities carried out on\nthe land will lead to a decrease in the market\nvalue of land and, if so, a preliminary\nassessment of the amount of the decrease.\n(2) This clause does not limit any right under the\nAct as to the provision or payment of\ncompensation, or any right to apply to the\nTribunal if there is a dispute about\ncompensation.\n14 General\nobligation to\nmake good\n(1) Subject to a more specific provision relating\nto compensation and repair in the event of\nany harm or damage, the interest holder has\na general obligation to make good any harm\nor damage caused to the owner/occupier's\nland, any water on or under the\nowner/occupier's land, infrastructure or other\nimprovements, or operations relating to the\nuse of the land, on account of any activities\ncarried out under the permit/licence.\n(2) The owner/occupier will give notice to the\ninterest holder of any harm or damage that\nmust be addressed under this clause.\n(3) The interest holder must immediately notify\nthe owner/occupier if the interest holder\ndisputes the interest holder's liability under\nthis clause.\n(4) If it is reasonably possible for any harm or\ndamage to be rectified or repaired, the\ninterest holder may, in consultation with the\nowner/occupier, take steps to rectify or repair\nthe harm or damage.\n\nPetroleum Regulations 2020 79\n(5) If it is not reasonably possible for any harm\nor damage to be rectified or repaired, the\ninterest holder must pay reasonable\ncompensation to the owner/occupier on\naccount of the harm or damage.\n15 Indemnification (1) The interest holder indemnifies the\nowner/occupier with respect to any harm or\ndamage caused to the owner/occupier's\nland, any water on or under the\nowner/occupier's land, infrastructure or other\nimprovements, or operations relating to the\nuse of the land, on account of any activities\ncarried out under the permit/licence.\n(2) The indemnity extends to the acts and\nomissions of any of the interest holder's\nagents or contractors.\n(3) The indemnity does not apply to the extent\nthat:\n(a) compensation is provided under\nanother clause; or\n(b) a grossly negligent or wilful act or\nomission of the owner/occupier has\ncontributed to the harm or damage.\n16 Release to\nextent\npermitted by\nlaw\n(1) To the extent permitted by a law of the\nTerritory, the interest holder releases the\nowner/occupier from any claim in respect of:\n(a) death or injury of any person\nemployed or engaged by the interest\nholder; or\n(b) loss or damage caused to the interest\nholder's personal property, and any\nconsequential loss.\n(2) Subclause (1) does not apply to the extent\nthat a grossly negligent or wilful act or\nomission of the owner/occupier has\ncontributed to the death, injury, loss or\ndamage.\n\nPetroleum Regulations 2020 80\n17 Payment of\nlegal,\naccounting and\ntechnical fees\nThe parties agree to pay any costs under\nregulation 17 or 28.\n18 Payment of\nduties\n(1) Any amount specified in the agreement will\nbe GST exclusive.\n(2) If GST is payable on an amount, it must be\npaid at the same time.\n(3) The owner/occupier is responsible for any\ntax that may be payable on any\ncompensation or other amount paid to the\nowner/occupier under the agreement.\n(4) The interest holder is responsible for any\nduty payable on the agreement.\n19 Assignments (1) Each party agrees to give the other party or\nparties notice of the following:\n(a) in the case of the interest holder –\nnotice of an intention to transfer or\nassign the interest holder's interest in\nthe petroleum interest to another\nperson;\n(b) in the case of an owner/occupier –\nnotice of an intention to transfer or\nassign any interest in the land\n(including by way of lease or\nsublease);\n(c) in the case of a party that is a body\ncorporate – any material change in\nthe ownership or management of the\nparty.\n(2) The parties agree that a period of notice\nunder subclause (1) will be at least 30 days.\n(3) Each party agrees to give a copy of the\nagreement to any successor or assign\nbefore, or at the time of, the transfer or\nassignment of the party's relevant interest.\n20 Appropriate\nguarantees\n(1) If there are 2 or more interest holders who\nare parties to an access agreement, each\ninterest holder is jointly and severally liable\nunder the agreement.\n\nPetroleum Regulations 2020 81\n(2) The interest holder is liable for any act or\nomission of a person acting on behalf of the\ninterest holder in carrying out any activities\nunder the permit/licence.\n21 Guarantee in\nfavour of owner\n(1) The interest holder agrees that the owner of\nthe land does not need to be a party to the\nagreement to gain the benefit of the\nprovisions of the agreement that relate to:\n(a) the repair of any gate, fence, grid or\nother barrier; or\n(b) the making good of any harm or\ndamage caused to the land, any water\nassociated with the land,\ninfrastructure or other\nimprovements; or\n(c) the rehabilitation or remediation of the\nland.\n(2) The interest holder agrees to enter into a\nbinding enforceable agreement in favour of\nthe owner of the land to provide for the\nmatters specified in subclause (1) (and to\nprovide a copy of that agreement to the\nowner).\n22 Confidentiality (1) Subject to any agreement between the\nparties that some or all of the terms and\nconditions of the agreement will be kept\nconfidential, the agreement will not be\nconfidential.\n(2) An agreement to keep any terms or\nconditions confidential is subject to the\nfollowing exceptions:\n(a) the release, provision or disclosure of\ninformation with the consent of the\nparties, and that consent will not be\nunreasonably withheld;\n(b) the provision of information to a\nparty's legal, financial or accounting\nrepresentative or adviser, or to any\nother person who has been engaged\nby a party and the release is relevant\nto the reason for their engagement;\n\nPetroleum Regulations 2020 82\n(c) the release, provision or disclosure of\ninformation to a financial institution;\n(d) the release, provision or disclosure of\ninformation required by law (including\nthe disclosure of information to a\nstock exchange);\n(e) the release, provision or disclosure of\ninformation required by an order,\ndirection of other requirement of a\ncourt or tribunal constituted by law, or\nas required by an official acting under\na law of the Territory or the\nCommonwealth;\n(f) the release, provision or disclosure of\ninformation to a related body\ncorporate;\n(g) the release, provision or disclosure of\ninformation in connection with any\ntransfer or assignment, or potential\ntransfer or assignment, of an interest\nin the petroleum interest or land.\n23 Re-negotiation\nof agreement\nIf the permit/licence is renewed and the agreement\nis still relevant to activities carried out, or to be\ncarried out, under the permit/licence, the parties\nagree to use their best endeavours to agree on an\nextension to the agreement.\n24 Dispute\nresolution\n(1) In the event of a dispute that arises out of, or\nin relation to, the agreement, the parties\nagree:\n(a) that the party raising the matter in\ndispute will give notice to the other\nrelevant party or parties; and\n(b) that the parties will act in good faith\nand use reasonable endeavours to\nresolve the dispute in a timely\nmanner.\n(2) Subclause (1) does not prevent a party\nseeking relief in a matter of urgency.\n\nPetroleum Regulations 2020 83\n25 Termination (1) The agreement terminates:\n(a) by mutual agreement between the\nparties; or\n(b) on the expiration of the term of the\nagreement (unless the term is\nextended by mutual agreement\nbetween the parties); or\n(c) on the expiration of the petroleum\ninterest (unless the agreement is\nextended by mutual agreement\nbetween the parties); or\n(d) if the Tribunal determines that the\nagreement be terminated.\n(2) The termination of the agreement does not\naffect any right or liability accrued before the\ntermination of the agreement.\n\n","sortOrder":107},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Reviewable decisions and affected persons","content":"Schedule 3 Reviewable decisions and affected persons\nPetroleum Regulations 2020 84\nSchedule 3 Reviewable decisions and affected persons\nregulation 41\nReviewable decision Affected person\nRefusal under regulation 31 to approve an\naccess agreement\nThe interest holder who\nsubmitted the access\nagreement for approval\nRefusal under regulation 39 to approve a\nvariation to an approved access agreement\nThe party to the access\nagreement who submitted the\nvariation for approval\nRefusal under regulation 69 to register an\nThe party to the access\nagreement who submitted the\naccess agreement for\nregistration\n\n","sortOrder":108},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Infringement notice offences and prescribed amounts","content":"Schedule 4 Infringement notice offences and prescribed amounts\nPetroleum Regulations 2020 85\nSchedule 4 Infringement notice offences and prescribed\namounts\nregulation 61\nProvision Prescribed amount\nin penalty units\nfor individual for body\ncorporate\nsection 57AA(3) 2 10\nsection 117AAB(7) 2.5 12.5\nsections 64(6), 75(6) and 89E 4 20\nsections 57A(16), 61E(3) and (7)\nand 71(5)\n5 25\nsections 77(7), 89M(1), 89Q(3),\n89S(1), 89Z(3) and 89ZA(5)\n6 30\nsection 105(3) and (7) 20 100\nregulations 50, 51, 52 and 66V 1 5\nregulations 47, 48, 49, 53,\n66AAM(1) and (5), 66AAR,\n66AAS, 66AAT, 66AAU, 66AAV,\n66AAX and 66N\n5 25\nregulations 66Q and 66R 3 15\n\nPetroleum Regulations 2020 86\nregulation 66C(2)\n1 In this Schedule:\ncompliance rating means the compliance rating for a particular\nactivity category specified in the Table.\ndesignated area means an exploration permit area or a licence\narea that falls, wholly or in part, within the Beetaloo sub-basin\ngeological boundary as determined by the Minister.\nuplift factor – see clause 2(3).\n2 (1) A monitoring and compliance levy has the following components:\n(a) the base fee;\n(b) the sum of the compliance ratings for each title area for the\nregulated activities approved under the environment\nmanagement plan to which the levy relates, multiplied by the\nunit value;\n(c) the uplift factor (if applicable).\n(2) In calculating the component of a levy under subclause (1)(b):\n(a) if 2 or more activities to be undertaken in a particular title area\nfall into a particular activity category, that category is to be\ncounted once in relation to that title area; and\n(b) an activity undertaken in 2 or more title areas will only be\ncounted twice; and\n(c) for 2 or more seismic surveys to be undertaken in a title area,\nthe total length of seismic surveys in that title area are to be\nadded together for the purposes of the Table.\n(3) The uplift factor under subclause (1)(c):\n(a) is 1.3; and\n(b) applies only if an activity is undertaken (in whole or in part) in\nany part of the designated area; and\n(c) applies by adding the components under subclause (1)(a)\nand (b) together and multiplying that sum by 1.3.\n\nPetroleum Regulations 2020 87\n(4) The fee for a monitoring and compliance levy imposed during a\nfinancial year under section 117AZF(4) of the Act:\n(a) only applies in relation to activities not previously covered by\nthe relevant environment management plan; and\n(b) is to be calculated on a proportional basis taking into account\nthe number of days remaining in the relevant financial year.\n(5) The fact that an activity ceases to be covered by an approved\nenvironment management plan during a particular financial year:\n(a) does not affect a liability as it applies at the beginning of the\nfinancial year; and\n(b) does not give rise to an entitlement to a rebate of levy.\nTable\nActivity category Compliance\nLand clearing (for any purpose) and earthworks (including cutting,\nfilling, excavating or trenching) 4\nSeismic surveys (in total length):\n– up to 100 km\n– more than 100 km\nfracture stimulation activities – up to 3 wells\nfracture stimulation activities – 4 or more wells\nstimulation activities – up to 3 wells\nstimulation activities – 4 or more wells\nThe construction, operation, modification, decommissioning,\ndismantling or removal of other facilities used for the recovery or\nprocessing of petroleum\n\nPetroleum Regulations 2020 88\nActivity category Compliance\nThe construction, operation, modification, decommissioning,\ndismantling or removal of any other facilities 12\n\nPetroleum Regulations 2020 89\nregulation 66AA\n1 A description of the well, including its location, status and\nobjectives, and the criteria to determine:\n(a) the wells that can be managed under the well operations\nmanagement plan; and\n(b) the complexity level of the well operations management plan\nunder Schedule 1A.\n2 A description of the well integrity management system which\ninforms the plan, including advice on how the system is taken to\ncomply with International Standard ISO 16530-1:2017 Petroleum\nand natural gas industries – Well integrity – Part 1: Life cycle\ngovernance.\n3 Information about the permittee's or licensee's approach to risk\nmanagement, including a description of its processes for hazard\nand risk identification, risk analysis and risk evaluation during the\nlife of the well.\n4 A description of the permittee's or licensee's management of\nchange process.\n5 A description of the organisational structure of the permittee or\nlicensee as it relates to the management of the well throughout its\nlife cycle, including the responsibilities and competencies of key\nroles.\n6 A description of the basis of design for the well.\n7 A description of the well design, including well barrier schematics.\n8 A description of the activities (including contingent activities as\napplicable) that will be conducted in each of the following well life\ncycle phases:\n(a) construction phase;\n(b) operational phase;\n(c) intervention phase;\n(d) decommissioning phase;\n(e) decommissioned phase.\n\nPetroleum Regulations 2020 90\n9 A copy of the risk register that records follow up and close out\nactions for all identified hazards and risks.\n10 A description of:\n(a) the control measures that will be in place to ensure that risks\nto the integrity of the well are reduced to as low as is\nreasonably practicable throughout the life cycle of the well;\nand\n(b) the performance standards for those control measures; and\n(c) the measurement criteria that will be used to determine\nwhether the performance standards are being met.\n11 A description of:\n(a) the performance outcomes against which the performance of\nthe permittee or licensee in maintaining the integrity of the well\nis to be measured; and\n(b) the measurement criteria that will be used to determine\nwhether the performance outcomes are being met.\n12 A description of the monitoring, integrity assurance, record keeping,\nimplemented to ensure and demonstrate how performance\nstandards are being met over the life cycle of the well, including\nafter decommissioning.\n13 A description of the scenarios in which a well will be shut-in or\nsuspended, including the length of time it would remain in this state\nuntil it is put into operation or decommissioned.\n14 If the well is to be subject to hydraulic fracturing operations – an\ninduced seismicity management plan.\n\nPetroleum Regulations 2020 91\nregulation 66AAB\n1 Evidence and data to demonstrate that the field contains petroleum,\nincluding details of the structure, extent and location of each\ndiscovered petroleum pool in the field.\n2 Estimates of the volumes of petroleum present in the discovered\npetroleum pools that comply with the Petroleum Resources\nManagement System published by the Society of Petroleum\nEngineers (as in force from time to time), including the data,\nassumptions and methodologies on which those estimates are\nbased.\n3 Information relating to the following:\n(a) other potential petroleum pools in the field;\n(b) the licensee's plans (if any) to explore further for petroleum\npools in the field;\n(c) how potential petroleum pools of commercial quantity can be\nincorporated into the development of the licence area.\n4 The proposed development strategy for the field and the\nmanagement of petroleum pools that includes plans for the\noptimum long-term recovery of petroleum under the licence,\nincluding the following:\n(a) a projected production profile that includes high and low range\nscenarios;\n(b) the estimated number and types of wells, including a\nconceptual map indicating their expected location relative to\nthe petroleum pools and petroleum surface infrastructure.\n5 A description of the process that the licensee undertook to prepare\nthe field management plan, including:\n(a) the development options that were considered, including the\nfactors that have influenced licensee's proposals for the\ndevelopment of the field; and\n(b) information about the modelling for each development option\nconsidered by the licensee; and\n(c) a markets and sales outlook for petroleum recovered from the\nfield.\n\nPetroleum Regulations 2020 92\n6 Information to demonstrate how the licensee proposes to maximise\neconomic recovery of petroleum, including the following:\n(a) reservoir modelling of the projected production profile for the\nlife cycle of the field;\n(b) the estimated ultimate recovery from each reservoir in the\nfield;\n(c) the recovery factor of petroleum from each petroleum pool in\nthe field.\n7 The estimated timing for:\n(a) the development of wells to be used for production, monitoring\nor injection; and\n(b) decommissioning of wells, including suspended wells, that are\nnot required for the development or management of the field;\nand\n(c) estimated dates for the cessation of production and field\nclosure and a description of the plans for the closure of the\nfield.\n8 Information about the licensee's operations or proposals relating to\n(a) the enhanced recovery or recycling of petroleum;\n(b) the processing, storage, use and disposal of petroleum;\n(c) proposals to inject water or treatment material into any\nunderground formation.\n9 Details of any aquifers that might contribute to the recovery of\npetroleum.\n10 A segregation of zones policy and details of any petroleum\nproduction by a well that is to be from more than one petroleum\npool.\n11 Details of the equipment and procedures used to determine the\nquantity and composition of petroleum and water, including\ninformation as to the following:\n(a) the Australian or international standards that will apply to\nmeasuring devices;\n\nPetroleum Regulations 2020 93\n(b) the frequency of validation testing and certification of\nmeasuring devices to verify their accuracy;\n(c) the validation and certification records for measuring devices.\n12 Information about how the licensee will implement and ensure\nongoing compliance with the approved field management plan.\n13 Information about the licensee's approach to risk management,\nincluding a description of the licensee's processes for risk\nidentification, risk analysis and risk evaluation.\n14 A description of the licensee's management of change process.\n15 A description of the organisational structure of the licensee as it\nrelates to the management of petroleum reservoirs, including the\nresponsibilities and competencies of key roles.\n16 A description of the monitoring, integrity assurance, record keeping,\nimplemented to ensure and demonstrate how the licensee will\nmaximise economic recovery of petroleum over the life of the field.\n17 A list of the codes, standards and specifications that will be applied\nin relation to any aspect of the field management plan.\n\nPetroleum Regulations 2020 94\nregulation 66AAD\n1 An introduction relating to the petroleum surface infrastructure that\nis to be constructed, operated or decommissioned on the licence\narea, including:\n(a) a description of the petroleum surface infrastructure relative to\nthe approved well operations management plan and approved\nfield management plan; and\n(b) a map showing the existing or proposed location of petroleum\nsurface infrastructure.\n2 A description of the licensee's asset management plan that informs\nthe petroleum surface infrastructure plan.\n3 Information about the licensee's approach to risk management,\nincluding a description of its processes for hazard and risk\nidentification, risk analysis and risk evaluation.\n4 A description of the licensee's management of change process.\n5 A description of the organisational structure of the licensee as it\nrelates to the management of petroleum surface infrastructure,\nincluding the responsibilities and competencies of key roles.\n6 The basis of the design of the petroleum surface infrastructure.\n7 A description of the petroleum surface infrastructure design,\nincluding a process flow diagram.\n8 The estimated timing for:\n(a) site construction and commissioning of new petroleum\nprocessing facilities; and\n(b) starting up the operation of any petroleum processing facility;\nand;\n(c) the decommissioning of petroleum surface infrastructure at the\nend of its life cycle.\n9 A description of the activities (including contingent activities as\napplicable) that will be conducted in each of the following petroleum\nsurface infrastructure life cycle phases:\n(a) the construction phase;\n\nPetroleum Regulations 2020 95\n(b) the operational phase;\n(c) the decommissioning phase.\n10 A plan for the independent validation by a competent person of\nworks to be executed during the design, construction, operation and\ndecommissioning phases.\n11 A list of the codes, standards and specifications that will be applied\nin relation to any part or aspect of the petroleum surface\ninfrastructure's life cycle phases.\n12 A copy of the risk register that records follow up and close out\nactions for all identified hazards and risks.\n13 A description of:\n(a) the control measures that will be in place to ensure that risks\nto the integrity of the petroleum surface infrastructure are\nreduced to as low as is reasonably practicable throughout the\npetroleum surface infrastructure's life cycle; and\n(b) the performance standards for those control measures; and\n(c) the measurement criteria that will be used to determine\nwhether the performance standards are being met.\n14 A description of:\n(a) the performance outcomes against which the performance of\nthe licensee in maintaining the integrity of the petroleum\nsurface infrastructure is to be measured; and\n(b) the measurement criteria that will be used to determine\nwhether the performance outcomes are being met.\n15 A description of the monitoring, integrity assurance, record keeping,\nimplemented to ensure and demonstrate how performance\nstandards are being met over the life cycle of the petroleum surface\ninfrastructure.\n16 A description of the measures and arrangements that will be used\nto regain control of the petroleum surface infrastructure if there is a\nloss of integrity.\n\nPetroleum Regulations 2020 96\nregulation 66AAN\n1 A report on the interest holder's compliance, during the reporting\nperiod, with:\n(a) the Act; and\n(b) these Regulations; and\n(c) the conditions to which the petroleum interest is subject; and\n(d) any direction or notice issued under the Act or these\nRegulations, other than a direction or notice issued by the\nEnvironment Minister, the Environment CEO or an inspector\nappointed by the Environment CEO.\n2 Details about actual expenditure compared to expenditure\ncommitments for the reporting period, including information about\nwhether the expenditure was within the Territory or related to\npersons or companies located outside the Territory.\n3 A report on well operations and activities undertaken on the title\narea during the reporting period, including an assessment of the\ninterest holder's compliance with any approved well operations\nmanagement plan.\n4 A report on the operational status of each well on the title area,\nincluding details of the well barrier status and any associated\nrequirements to manage or address any loss of integrity.\n5 A report on the recovery of petroleum on an appraisal basis\nundertaken on the title area during the reporting period, including\nan assessment of the interest holder's compliance with an approval\nto recover petroleum on an appraisal basis.\n6 A report on surface infrastructure operations and activities\nundertaken on the title area during the reporting period, including\nan assessment of the interest holder's compliance with any\napproved petroleum surface infrastructure plan.\n7 A report on the interest holder's compliance with any approved field\nmanagement plan during the reporting period, including a\ndeclaration that the field management plan still represents the\ninterest holder's development strategy for the petroleum pool or\npools in the title area.\n\nPetroleum Regulations 2020 97\n8 In relation to rate of recovery:\n(a) a report on actual rate of recovery for all producing wells and\npools in the reporting period; and\n(b) an explanation of any deviation outside the high and low range\nscenarios; and\n(c) demonstration that the approved rate of recovery remains\ncurrent, with a monthly forecast for the ensuing year, including\nhigh and low range scenarios.\n9 A report on any approved exemptions.\n10 A list of the reports submitted to the Minister under the Act or these\nRegulations during the reporting period including the dates on\nwhich each report was submitted.\n\nPetroleum Regulations 2020 98\nregulation 66AAP\n1 Weekly survey reports\n(1) The progress of the survey, including the number of kilometres\ncompleted during the week (if applicable) and the type of samples\nacquired during the week.\n(2) If the survey has been completed during the week to which the\nreport relates, the total number of kilometres completed over the\ncourse of the survey (if applicable) and a complete list of the types\nof samples acquired.\n2 Downhole survey reports\nA report of the survey, including each log at each scale run in the\nsurvey and the records made for the purposes of the survey.\n3 Basic survey reports\nAcquisition\nand the name of the interest holder and operator.\n(3) The start and end dates of acquisition.\n(4) The name of the contractor used to conduct the\nsurvey.\n(5) The final line kilometres recorded and, in the case of\na 3D seismic survey, the full fold area acquired.\n(6) The number and length of the lines and the number\nof data acquisition points along each line.\n(7) The geometry of the acquisition parameters.\n(8) Particulars of the system and equipment used for\ndata acquisition, positioning and navigation.\n(9) The results of systems tests, calibrations and\ndiagnostics.\n\nPetroleum Regulations 2020 99\n(10) A summary of data acquisition, including any data\nquality issues and recommendations (if any) relating\nto processing.\n(11) The results of any initial data processing in the field.\n(12) An itemised field tape listing showing data tape\nnumber, survey name, line number, shot point or\ndata point range and data type.\n(13) A detailed list of datasets and products submitted\n(14) A copy of all weekly survey reports previously\nsubmitted in relation to the survey.\nProcessing\nand the name of the interest holder and operator.\n(3) The start and end date of processing.\n(4) The name of the contractor used to conduct the\nprocessing (if applicable).\n(5) The purpose of the processing.\n(6) A summary of the data acquisition process and\nparameters.\n(7) Details of all processing sequences and techniques.\n(8) In the case of a seismic survey – a sample Extended\nBinary Coded Decimal Interchange Code (EBCDIC)\nheader for the final data set.\n(9) A list of processed data.\n(10) In the case of a 3D seismic survey – a description of\nthe position of the survey polygon and a calculation\nof the 3 dimension line numbering convention.\n(11) A summary of the processing, including any issues\nwith data quality and recommendations (if any) for\nfurther processing.\n(12) A detailed list of datasets and products submitted\n\nPetroleum Regulations 2020 100\n4 Basic survey data\nSurvey other\nthan a\nseismic\nsurvey\nAcquisition and processed data as follows:\n(a) field support data and navigation or location data for\nlines and data acquisition points;\n(b) raw and processed data and analytical results;\n(c) gridded data;\n(d) final processed images.\n2D seismic\nsurvey (1) Navigation data in the form of x, y and z coordinates\nfor each shot and receiver point.\n(2) Seismic field data.\n(3) Observers logs and associated support data\nincluding uphole data and itemised field tape listing,\nincluding the following:\n(a) tape number;\n(b) survey name;\n(c) line number;\n(d) shot point range;\n(e) common depth point;\n(f) data type.\n(4) Raw and final stacked data, including near/mid/far\nsub-stacks if these have been generated.\n(5) Raw and final migrated data, including Pre Stack\nTime Migration (PSTM), Pre Stack Depth Migration\n(PSDM) and near/mid/far sub-stacks if these have\nbeen generated.\n(6) Final processed navigation, elevation and\nbathymetry data.\n(7) Shot point to common depth point (CDP)\nrelationship.\n\nPetroleum Regulations 2020 101\n(8) Data for stacked and migrated velocities, including\nline number, shot point and time versus root mean\nsquare (RMS) velocity pair.\n3D seismic\nsurvey (1) The same data required for a 2D survey.\n(2) Final navigation data in the form of:\n(a) final processed (grid) bin coordinates; and\n(b) polygonal position data (outline of full fold area).\n(3) Data for both stacked and migrated velocities,\nincluding:\n(a) bin number; and\n(b) time versus root mean square (RMS) velocity.\n(4) If required – 2D data subset.\n5 Final survey reports\nInterpretation\nand the name of the interest holder and the name of\noperator.\n(3) A description of the objectives of the interpretation.\n(4) A discussion and justification of the results of the\ninterpretation.\n(5) In the case of a seismic survey:\n(a) a list of the surfaces that have been interpreted;\nand\n(b) a justification for the surfaces that have been\ninterpreted, including synthetic seismograms (if\navailable); and\n(c) the velocity field used to convert time to depth\nand the basis for the velocity field; and\n(d) time slices to describe the deposition\nenvironment (if available).\n\nPetroleum Regulations 2020 102\n(6) Index maps and sections.\n(7) The conclusions drawn from the interpretation.\n(8) A detailed list of datasets and products submitted\nInterpretative\nsurvey data (1) Interpreted sections, including seismic sections.\n(2) Images of interpretive maps and diagrams.\n(3) Models and mapping/spatial datasets.\n(4) Interpreted results.\n\nPetroleum Regulations 2020 103\nregulation 66AAQ\n1 Geoscientific study reports\n(1) The petroleum interest to which the report relates and the name of\nthe interest holder and operator.\n(2) The name of the contractor used to conduct the study (if\napplicable).\n(3) An overview of the study, including the timeframes, objectives and\nmethodology issued for the purposes of the study.\n(4) A discussion of any findings or conclusions.\n(5) Information about any related studies that are proposed to be\nundertaken.\n(6) Any data or technical reports produced as part of the study.\n2 Reprocessing reports\n(1) A summary of the original survey data that is being reprocessed.\n(2) A reprocessing report, consistent with the requirements of\n","sortOrder":109},{"sectionNumber":"Sch 4F","sectionType":"schedule","heading":"for a processing report, and the following associated","content":"Schedule 4F for a processing report, and the following associated\ndata for reprocessed seismic data:\n(a) final processed navigation and elevation data in the form of x,\ny and z coordinates for each shot and receiver point for 2D\nseismic surveys;\n(b) raw and final stacked data, including near/mid/far sub-stacks if\nthese have been generated;\n(c) raw and final migrated data, including Pre Stack Time\nMigration (PSTM), Pre Stack Depth Migration (PSDM) and\nnear/mid/far sub-stacks if these have been generated;\n(d) 2D data subset for 3D seismic surveys;\n(e) shot point to common depth point (CDP) relationship for 2D\nseismic surveys;\n(f) final processed (grid) bin coordinates for 3D seismic surveys;\n\nPetroleum Regulations 2020 104\n(g) polygonal position data (outline of full fold area) for 3D seismic\nsurveys;\n(h) data for stacked and migrated velocities, including line number\nand shot points for 2D seismic surveys, bin number for 3D\nseismic surveys and time versus root mean square (RMS)\nvelocity pair.\n(3) An interpretation report and interpretative data, consistent with the\nrequirements for final survey reports under Schedule 4F.\n\nPetroleum Regulations 2020 105\nregulation 66AAR\n2 Information and data relating to the integrity validation testing that\nhas been carried out.\n3 A classification relating to the well integrity.\n4 The revision history for the report.\n\nPetroleum Regulations 2020 106\nregulation 66AAS\n1 A report identifier and the date of the report.\n2 The name of the well, the type of well and the number of the\n3 Well geographical coordinates.\n4 Well depths.\n5 Activity timeframes.\n6 Well cost information.\n7 A list of responsible daily contacts.\n8 Well control equipment testing details.\n9 The operations being undertaken at the time of the report.\n10 A summary of operations for the last 24 hours.\n11 Information about operations carried out to the nearest 15 minutes.\n12 A brief summary of any tests, logs or surveys made in the well bore.\n13 Rig identification.\n14 Drilling and intervention fluid details.\n15 The results of any surveys made in the well bore.\n16 Any well stratigraphy data.\n17 Any indications of petroleum.\n\nPetroleum Regulations 2020 107\nregulation 66AAT\n1 The total quantities for each of the following for the relevant month\nfor the interest area:\n(a) liquid and gaseous petroleum produced;\n(b) liquid and gaseous petroleum used;\n(c) liquid and gaseous petroleum injected;\n(d) gaseous petroleum flared or vented;\n(e) liquid petroleum stored;\n(f) liquid and gaseous petroleum delivered from the area;\n(g) water produced;\n(h) water injected.\n2 Taking into account the information provided under clause 1, the\ncumulative quantities of liquid and gaseous petroleum, and water,\nproduced or injected as at the end of the month for the interest\narea.\n3 For each well in the interest area:\n(a) the identification name and number of the well; and\n(b) a summary of all work performed on the well during the month;\nand\n(c) the results of any production test for the well during the month;\nand\n(d) the operational status of the well at the end of the month; and\n(e) the number of production days for the month; and\n(f) the total quantities for the each of the following for the relevant\nmonth:\n(i) liquid and gaseous petroleum produced, with\ncorresponding daily averages;\n(ii) liquid and gaseous petroleum injected, with\ncorresponding daily averages;\n\nPetroleum Regulations 2020 108\n(iii) water produced, with corresponding daily averages;\n(iv) water injected, with corresponding daily averages;\n(v) average gas to oil ratios;\n(vi) average water cut ratios.\n4 Taking into account the information provided under clause 3, the\ncumulative quantities of liquid and gaseous petroleum, and water,\nproduced or injected as at the end of the month for the well.\n\nPetroleum Regulations 2020 109\nregulation 66AAU\n1 The identification name and number of the well.\n2 A summary of the production test activities, including the number of\ndays of flow testing, conducted during the month and the\noperational status of the well at the end of the month.\n3 A summary of flow test results, including the range of production\nrates achieved during the month, the normalised flow rate and the\ncomposition of the fluids that have been produced.\n4 The volume of petroleum flared or vented during the month.\n5 Any conclusions or implications that inform further production\ntesting to prove the commerciality of the reservoir.\n\nPetroleum Regulations 2020 110\nregulation 66AAV\n2 Well geographical coordinates and a well location map.\n3 The status of the well (such as producing, suspended or\ndecommissioned).\n4 The purpose of the well activity.\n5 The start and end dates for the well activity.\n6 The depth reference and the surveyed height of depth reference\nabove the ground surface, with reference to an approved height\ndatum.\nExample of depth reference\nKelly bushing or rig floor.\n7 The water depth or ground depth of the well.\n8 The measured depth of the well.\n9 The true vertical depth of the well.\n10 The depth of any perforation in a petroleum pool.\n11 A detailed summary of the activity that has been carried out.\n12 A list of well evaluation, formation evaluation or production logs.\n13 The name of any contractor used to carry out the activity.\n14 The type of rig, snubbing unit or coiled tubing unit used for the\nactivity.\n15 Details of equipment and casing installed on or in the well.\n16 Details of any of the following:\n(a) re-completion operations;\n(b) cementing operations;\n(c) fracturing operations;\n\nPetroleum Regulations 2020 111\n(d) well testing operations;\n(e) logging or perforating operations;\n(f) milling or drilling operations.\n17 A summary of fluids used in the well and lost circulation materials.\n18 Details of any indication of petroleum resources.\n19 Details of any produced formation materials.\n20 Any final well completion, suspension or decommissioned\nschematic.\n21 Well activity data, such as well evaluation log data.\n\nPetroleum Regulations 2020 112\nregulation 66AAW(a)\n2 If the well is a side track well – the name of the parent well.\n3 A well location map.\n4 An introduction that gives a brief description or summary of the\ngeological reason for drilling.\n5 The predicted stratigraphy compared to the actual stratigraphy of\nthe location of the well.\n6 A statement of the well objectives and the extent to which those\nobjectives have been met.\n7 The depth reference and the surveyed height of depth reference\nabove the ground surface, with reference to an approved height\ndatum.\nExample of depth reference\nKelly bushing or rig floor.\n8 The surveyed surface well location and bottom hole location with\ncoordinates in latitude and longitude and the relevant datum.\n9 Particulars of all borehole deviation surveys.\n10 The name of the drilling contractor and the type of drilling rig that\nwas used.\n11 The spud date, the date on which total depth was reached and the\ndate of rig release.\n12 The measured depth and the true vertical depth reached, in metres.\n13 Details of drilling, including hole and casing design, bit records,\ncementing, drilling fluids, perforations, equipment installed and any\nother information relevant to well integrity.\n14 The formation evaluation, including stratigraphy and formation top\ndetails.\n\nPetroleum Regulations 2020 113\n15 A list of well evaluation logs, including the Measurement While\nDrilling (MWD) logs, Logging While Drilling (LWD) logs, cement\nbond logs, pressure detection logs, mud logs, wireline logs, velocity\nsurveys, tiltmeter surveys and micro-seismic surveys.\n16 Plots and data for all well evaluation logs.\n17 A description and results of all tests, including Diagnostic Fracture\nInjection Testing (DFIT), Leak Off Tests (LOT), Formation Integrity\nTests (FIT) and production tests or surveys carried out in the well or\nbore and including the depth in metres where each test was carried\nout and the distance in metres between the top and the bottom of\neach testing interval.\n18 Particulars of any hydraulic fracturing.\n19 A list of cores, cuttings and other sampling details with their depths\nand intervals.\n20 Hydrocarbon show details and a preliminary assessment of\nreservoir and prospective horizons.\n21 Well completion details, including a completion schematic.\n22 If applicable, lost in hole bottom assembly details, including a\nschematic.\n23 A statement outlining whether the well has been completed as a\nproduction well, suspended or abandoned.\n24 A summary of the overall drilling activity, well integrity and\nhydrocarbon potential, together with conclusions and any\nrecommendations.\n\nPetroleum Regulations 2020 114\nregulation 66AAW(b)\nrelevant tenure, and the name of the interest holder and the name\nof the operator.\n2 If the well is a side track well, the name of the parent well.\n3 A well location map.\n4 A well data card.\n5 Composite and interpreted well logs.\n6 Photographs of core, cuttings and other samples, with identifying\ninformation.\n7 Geological interpretations of the well data and details of changes to\nthe reservoir model (if applicable).\n8 A discussion of the relevance of the well data to the evaluation of\nthe hydrocarbon potential of the area or any implications for future\nfield maintenance.\n9 The report and data for any technical or geoscience studies that\nhave been carried out.\n10 A report relating to any revised structure maps and appropriate\nseismic sections, illustrating the post-drilled structural and\nstratigraphic interpretation of the well.\n11 An updated summary of the overall drilling activity, geological\ninterpretation and hydrocarbon potential, together with conclusions\nand any recommendations.\n\nPetroleum Regulations 2020 115\nregulation 66AAX(1)\n1 The location of the petroleum pool.\n2 The reservoir rock properties.\n3 The reservoir fluid properties.\n4 An estimate of petroleum present in the petroleum pool that\ncomplies with the Petroleum Resources Management System\npublished by the Society of Petroleum Engineers (as in force from\ntime to time), including the data, assumptions and methodologies\non which those estimates are based.\n5 Details of the plans for further evaluation of the discovery, including\nwork that the permittee or licensee proposes to carry out in the\ninterest area in the next 12 months.\n\nPetroleum Regulations 2020 116\nregulation 66AAX(2)\n1 The number of the relevant tenure and the name of the interest\nholder.\n2 The location of the petroleum pool.\n3 The reservoir rock properties.\n4 The reservoir fluid properties.\n5 The revised estimate of petroleum present in the petroleum pool\nthat complies with the Petroleum Resources Management System\npublished by the Society of Petroleum Engineers (as in force from\ntime to time), including the data, assumptions and methodologies\non which those estimates are based.\n6 A description of the reservoir simulation models that have been\nused, a comparison of results with previous estimates and a\ndiscussion about any implications for petroleum recovery from the\ninterest area.\n7 A copy of any reports that have been prepared by or on behalf of\nthe permittee or licensee in connection with the revised estimate.\n\nPetroleum Regulations 2020 117\nregulation 67\nPetroleum Regulations 1994 Subordinate Legislation\nNo. 32 of 1994\nAmendment of Petroleum Regulations 2000 Subordinate Legislation\nNo. 35 of 2000\nAmendments of Petroleum Regulations 2003 Subordinate Legislation\nNo. 31 of 2003\nPetroleum Amendment (Fees) Regulations 2013 Subordinate Legislation\nNo. 13 of 2013\n\nPetroleum Regulations 2020 118\n1 KEY Key to abbreviations\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 Regulations 2020 (SL No. 31, 2020)\nNotified 9 December 2020\nCommenced 1 January 2021 (r 2)\nPetroleum Legislation Amendment Act 2022 (Act No. 33, 2022)\nAssent date 16 December 2022\nCommenced 2023 (Gaz , 2023, p 1)\nPetroleum Amendment Regulations 2023 (SL No. 12, 2023)\nDate made 13 June 2023\nCommenced 22 June 2023 (r 2, s 2 Petroleum Legislation Amendment\nAct 2022 (Act No. 33, 2022), and Gaz S41,13 June 2023, p1)\nStatute Law Revision and Repeals Act 2026 (Act No. , 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 LIST OF AMENDMENTS\nr 2A ins No. 12, 2023, r 4\nr 3 amd Act No. 33, 2022, s 89; No. 12, 2023, r 5; Act No. 3, 2026, s 64\nr 4 amd Act No. 33, 2022, s 90\nr 5 sub Act No. 33, 2022, s 91\nrr 5A – 5C ins Act No. 33, 2022, s 91\nr 8 amd No. 12, 2023, r 6\nr 12 amd No. 12, 2023, r 7\nr 13 amd Act No. 33, 2022, s 92\nr 21 amd Act No. 33, 2022, s 93; Act No. 3, 2026, s 64\nr 23 amd Act No. 33, 2022, s 94\nr 34 amd No. 12, 2023, r 8\nr 39 amd No. 12, 2023, r 9\nr 42 amd Act No. 33, 2022, s 95\n\nPetroleum Regulations 2020 119\nr 47 sub Act No. 33, 2022, s 96\namd No. 12, 2023, r 10\nrr 48 – 49 sub Act No. 33, 2022, s 96\nr 50 amd Act No. 33, 2022, s 97; No. 12, 2023, r 11\nr 51 amd Act No. 33, 2022, s 98\nr 52 amd Act No. 33, 2022, s 99; No. 12, 2023, r 12\nr 53 amd Act No. 33, 2022, s 100; No. 12, 2023, r 13\nr 54 amd Act No. 33, 2022, s 101\nrep No. 12, 2023, r 14\nr 55 amd Act No. 33, 2022, s 102; No. 12, 2023, r 15\npt 5AA hdg ins No. 12, 2023, r 16\nrr 66AA –\n66AAD ins No. 12, 2023, r 16\npt 5AB hdg ins No. 12, 2023, r 16\ndiv 1 hdg ins No. 12, 2023, r 16\nrr 66AAE –\n66AAF ins No. 12, 2023, r 16\ndiv 2 hdg ins No. 12, 2023, r 16\nr 66AAG ins No. 12, 2023, r 16\ndiv 3 hdg ins No. 12, 2023, r 16\nr 66AAH ins No. 12, 2023, r 16\npt 5AC hdg ins No. 12, 2023, r 16\nrr 66AAJ –\n66AAM ins No. 12, 2023, r 16\npt 5A hdg ins Act No. 33, 2022, s 103\nrr 66AAN –\n66AAX ins No. 12, 2023, r 17\nr 66A ins Act No. 33, 2022, s 103\npt 5B hdg ins Act No. 33, 2022, s 103\nrr 66B – 66D ins Act No. 33, 2022, s 103\npt 5C hdg ins Act No. 33, 2022, s 103\nr 66E ins Act No. 33, 2022, s 103\npt 5D hdg ins Act No. 33, 2022, s 103\nrr 66F – 66J ins Act No. 33, 2022, s 103\npt 5E hdg ins No. 12, 2023, r 18\nrr 66K – 66N ins No. 12, 2023, r 18\npt 5F hdg ins No. 12, 2023, r 18\nrr 66P – 66R ins No. 12, 2023, r 18\npt 5G hdg ins No. 12, 2023, r 18\nrr 66S – 66X ins No. 12, 2023, r 18\npt 5H hdg ins No. 12, 2023, r 18\nrr 66Y – 66ZB ins No. 12, 2023, r 18\nr 69 amd Act No. 33, 2022, s 104\npt 6\ndiv 3 hdg ins No. 12, 2023, r 19\nrr 72 – 73 ins No. 12, 2023, r 19\nsch 1 sub Act No. 33, 2022, s 105\namd No. 12, 2023, r 20\nsch 1A – 1B ins Act No. 33, 2022, s 105\nsch 4 amd Act No. 33, 2022, s 106; No. 12, 2023, r 21\nsch 4A ins Act No. 33, 2022, s 107\nsch 4B – 4R ins No. 12, 2023, r 22","sortOrder":110}],"analysis":{"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"regulations 66AAM(4)(b) and 66AAS(1), (3)","severity":"medium","reasoning":"Regulation 66AAM(4)(b) expressly contemplates notification as soon as reasonably practicable after an activity is carried out. Regulation 66AAS(1) requires a report for each day on which an activity notified under regulation 66AAJ(1) is carried out, and regulation 66AAS(3) fixes the deadline at noon the following day. If the retrospective notification is given after that noon deadline, the report for the earlier day cannot be submitted by the stated deadline.","confidence":0.78,"description":"A permitted retrospective notification can bring a completed day's activity within a reporting requirement whose deadline has passed.","source_quotes":["the person notifies the Minister as soon as reasonably\npracticable after carrying out the activity;","An interest holder who carries out an activity that has been notified\nunder regulation 66AAJ(1) must submit a report to the Minister for\neach day on which the activity is carried out.","The report must be provided to the Minister by 12 noon on the day\nimmediately following the day to which the report relates."]}],"contradictions":[{"severity":"high","section_a":"regulation 12(2)(a)","section_b":"regulation 47(1), (3)","confidence":0.94,"description":"Regulation 12(2)(a) says an approved access agreement is not required for regulated operations on Aboriginal land or vacant Crown land. Regulation 47(1) makes commencing regulated operations without one an offence, while its express exemption in regulation 47(3) concerns operations under Part 5G.","source_quotes":["An approved access agreement is not required:\n(a) if the land where the regulated operations are to be carried out\nis:\n(i) Aboriginal land; or\n(ii) vacant Crown land;","An interest holder commits an offence if the interest holder\ncommences regulated operations on land and the land is not the\nsubject of an approved access agreement.","An interest holder is exempt from subregulation (1) if the operations\nare carried out under Part 5G."]},{"severity":"high","section_a":"regulation 12(2)(a)","section_b":"regulation 49(1)","confidence":0.89,"description":"Regulation 12(2)(a) removes the approved-access-agreement requirement for regulated operations on Aboriginal land or vacant Crown land. Regulation 49(1) nevertheless makes commencing regulated operations outside the ambit of an approved access agreement or its variation an offence, without an exception for those land categories.","source_quotes":["An approved access agreement is not required:\n(a) if the land where the regulated operations are to be carried out\nis:\n(i) Aboriginal land; or\n(ii) vacant Crown land;","An interest holder commits an offence if:\n(a) the interest holder commences any regulated operations; and\n(b) the regulated operations are not within the ambit of an\napproved access agreement or a variation of an approved\naccess agreement."]},{"severity":"high","section_a":"regulation 8","section_b":"regulation 47(1), (3)","confidence":0.9,"description":"Regulation 8 says nothing in Part 4 requires an approved access agreement for operations undertaken for its specified protective, emergency or legal-compliance purposes. Regulation 47(1), in Part 4, makes commencing regulated operations without one an offence; regulation 47(3) expressly exempts operations under Part 5G.","source_quotes":["Nothing in this Part requires an approved access agreement to be\nin place, or for notice to be given, in order for an interest holder to\nenter any land, or to carry out any operations or low impact\nactivities:","An interest holder commits an offence if the interest holder\ncommences regulated operations on land and the land is not the\nsubject of an approved access agreement.","An interest holder is exempt from subregulation (1) if the operations\nare carried out under Part 5G."]},{"severity":"high","section_a":"regulation 8","section_b":"regulation 49(1)","confidence":0.88,"description":"Regulation 8 removes any Part 4 requirement for an approved access agreement for operations undertaken for its specified purposes. Regulation 49(1), also in Part 4, makes commencing regulated operations outside the ambit of an approved access agreement or its variation an offence, without an exception for those purposes.","source_quotes":["Nothing in this Part requires an approved access agreement to be\nin place, or for notice to be given, in order for an interest holder to\nenter any land, or to carry out any operations or low impact\nactivities:","An interest holder commits an offence if:\n(a) the interest holder commences any regulated operations; and\n(b) the regulated operations are not within the ambit of an\napproved access agreement or a variation of an approved\naccess agreement."]},{"severity":"high","section_a":"regulation 66T(5)","section_b":"regulation 49(1)","confidence":0.87,"description":"After notice is given, regulation 66T(5) authorises the described activities without further approval under the Regulations or consent. Where an interest holder's described activities are regulated operations outside an approved access agreement, regulation 49(1) nevertheless makes their commencement an offence and states no Part 5G exemption.","source_quotes":["to carry out the work or activities described in the notice.","This regulation does not apply to an interest holder who is acting in\naccordance with Part 5G.","An interest holder commits an offence if:\n(a) the interest holder commences any regulated operations; and\n(b) the regulated operations are not within the ambit of an\napproved access agreement or a variation of an approved\naccess agreement."]}]},"kimi_summary":{"_metrics":{"completionTokens":968},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The 2023 amendments (Petroleum Amendment Regulations 2023) significantly expanded the original scope. What began as primarily a land access framework now includes extensive technical regulation of well operations, field management, surface infrastructure, incident reporting, and resource management. The addition of Parts 5AA–5H (well operations management plans, field management plans, activity notifications, incident reporting, record keeping) transformed this from a land access instrument into a comprehensive petroleum operations regulatory code. The monitoring and compliance levy (Part 5B) and orphan well levy (Part 5C) also added fiscal management elements not present in the original 2020 version."},"complexity_factors":["Extensive cross-referencing between Parts, Schedules and the parent Petroleum Act 1984","47 defined terms in the interpretation section (regulation 3), many with nested definitions","Multiple interlocking processes: negotiation → ADR → Tribunal → Minister approval → registration","25 separate Schedules with detailed technical requirements for reports and plans","Strict liability offences throughout with tiered penalty structures","Complex fee calculations using 'revenue units' with multiple components (base fee + unit value × compliance rating + uplift factor)","Conditional exemptions and transitional provisions with multiple eligibility criteria","Nested exceptions: e.g., native title holders excluded from access agreement requirements (regulation 9), but separate statutory frameworks apply","Technical terminology requiring specialist knowledge (e.g., 'well barrier integrity', 'induced seismicity management plans', 'Christmas tree saver')","Multiple reporting streams with varying deadlines (daily, monthly, annual, immediate for incidents)"],"plain_english_summary":"These are the **Petroleum Regulations 2020** for the Northern Territory of Australia, which set out the rules for onshore petroleum exploration and production.\n\n**What this legislation does:**\n\nThe Regulations cover four main areas:\n\n**1. Land Access Agreements (Part 4)**\n- Before petroleum companies can start most operations on private land, they must negotiate a **land access agreement** with the landowner or occupier\n- These agreements must include **minimum protections** for landowners (Schedule 2), covering things like:\n  - At least 14 days notice before operations begin\n  - Minimising disturbance to livestock\n  - Repairing any damage to fences, gates or land\n  - Compensation for drilling and any decrease in land value\n- If negotiations fail, either party can use **alternative dispute resolution** (mediation) or apply to the **Tribunal** for a determination\n- All agreements must be **approved by the Minister** and registered on a public register\n\n**2. Technical and Safety Requirements (Parts 5AA–5H)**\n- Companies must submit detailed **management plans** for wells, fields, and surface infrastructure\n- **Well operations management plans** must ensure risks to well integrity are \"as low as reasonably practicable\"\n- Companies must give **21 days notice** before certain high-risk activities (like drilling, hydraulic fracturing, or decommissioning)\n- **Serious incidents** (injuries, uncontrolled fires, blowouts) must be reported within 2 hours by phone and 24 hours in writing\n- **Daily, monthly and annual reports** must be submitted to the Minister\n\n**3. Fees and Levies**\n- Various **application fees** are set out in Schedules 1–1B (calculated in \"revenue units\")\n- A **monitoring and compliance levy** applies to regulated activities\n- An **orphan well levy** (increasing annually) funds cleanup of abandoned wells\n- **Interest** applies to unpaid fees and levies\n\n**4. Enforcement**\n- **Infringement notices** can be issued for minor offences\n- **Strict liability offences** apply (no need to prove intent) for serious breaches like operating without an access agreement\n- **Authorised officers** can inspect land and conduct conferences to resolve disputes\n\n**Who it affects:**\n- **Petroleum companies** (interest holders) seeking to explore or produce onshore petroleum\n- **Landowners and occupiers** of land subject to petroleum interests\n- The **Minister** and **CEO** who administer the regime\n\n**Why it matters:**\nThis legislation balances the Territory's interest in petroleum development with protections for landowners. The detailed access agreement framework gives landowners negotiating power and compensation rights, while the technical requirements aim to prevent environmental damage and ensure responsible resource management. The 2023 amendments significantly expanded the Regulations to include well integrity management, incident reporting, and comprehensive planning requirements."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no clear indication that the scope has changed from the original intent. The regulations appear to operate as intended — governing royalties, exploration, production operations, and environmental regulation of petroleum activities — with responsibility divided among three departments as presumably designed from the outset."},"complexity_factors":["Split administration across three separate government departments, creating potential overlap, gaps, or coordination challenges","Covers multiple distinct regulatory domains simultaneously: financial (royalties), operational (mining/energy), and environmental","Regulations sit beneath a parent Act, requiring cross-referencing between the two instruments to understand the full legal framework","The remarks section suggests internal divisions within the regulations (e.g., 'Part V, Division 2') that carve out specific responsibilities, adding structural complexity","Future commencement date (10 February 2026) means transitional arrangements may apply","Petroleum regulation inherently involves technical, scientific, and financial concepts that are difficult for laypeople to navigate"],"plain_english_summary":"These regulations set the day-to-day rules for petroleum exploration and production, covering financial obligations (royalties), operational standards and environmental controls. They are jointly administered by three departments—Treasury and Finance (royalties), Mining and Energy (operations) and Lands, Planning and Environment (environmental oversight). \n\nThey affect companies and individuals involved in oil and gas activities, landowners and anyone handling royalty payments; non‑compliance carries serious consequences. Commencement: 10 February 2026."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with earlier subordinate rules, these Regulations broaden regulatory scope by formalising a comprehensive land‑access regime, adding detailed resource management plans, extensive reporting and incident/record obligations, and imposing new levies and fees. Key provisions that expand duties and oversight include the access‑agreement requirement (reg 12), interest‑holder liabilities to pay landholder costs (regs 17, 28), mandatory technical plans and reporting (Part 5AA and Schedules 4B–4D, 4E–4R), and the monitoring/compliance levy (Part 5B and Schedule 4A). Transitional clauses (Part 6, regs 68–71) address the shift from prior regulations."},"complexity_factors":["Multiple dispute-resolution layers (negotiation, ADR via Mediators Panel, Tribunal determinations) with distinct triggers and timeframes (regs 15–29, 20–26, 29)","Approval and registration regime requiring Ministerial satisfaction against prescribed minimum protections and registration formalities (regs 30–36, Schedule 2)","Detailed reporting, notification and record-keeping obligations across many contexts with strict time limits and criminal penalties (Part 5A, regs 66AAN–66AAX, 66AAR, 66AAS; regs 66K–66N; regs 66P–66R)","Monetary regime of prescribed fees, levies (monitoring/compliance and orphan well), late fees and interest with schedule-driven calculations (reg 4, Part 5B, regs 66B–66D, 66E, Schedule 4A, Schedule 1)","Numerous strict‑liability offences and infringement notice processes overlapping with civil remedies and Tribunal powers (regs 47–49, 61–66, Schedule 4)","Technical standards and independent verification requirements for well and surface infrastructure plans and well integrity (Schedules 4B–4D, reg 66AAR)","Significant Ministerial and CEO discretions (approval, publication, appointment of mediators, directions) creating administrative variability (regs 23, 30–31, 32, 66ZB)","Detailed transitional arrangements and interactions with repealed regulations and the parent Act, increasing interpretive load (Part 6, regs 68–73)","Extensive schedules that specify content and computation rules (Schedules 1, 1A, 1B, 2, 4A, 4B–4R), requiring cross-referencing","Overlap between operational approvals, environmental regulations and property rights (reg 8 exemptions, reg 9 on native title, reg 58 on inconsistency)"],"plain_english_summary":"These Regulations set the rules for onshore petroleum operations: they require interest holders to secure approved land access agreements, fund landholder negotiation and dispute costs, and obtain Minister or Tribunal approval for agreements or variations. They also mandate technical management plans, extensive reporting, record‑keeping, incident notification, and levies/fees. Who decides: Minister, CEO and Tribunal; who pays: interest holders (fees, levies, landholder costs, and some liabilities). The Rules change operational, compliance and reporting behaviour for permittees, licensees and landowners."}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-regulations-2020","history":"/api/acts/petroleum-regulations-2020/history","analysis":"/api/acts/petroleum-regulations-2020/analysis","conflicts":"/api/acts/petroleum-regulations-2020/conflicts","importantCases":"/api/acts/petroleum-regulations-2020/important-cases","documents":"/api/acts/petroleum-regulations-2020/documents"}}