{"id":"petroleum-submerged-lands-act-1981","name":"Petroleum (Submerged Lands) Act 1981","slug":"petroleum-submerged-lands-act-1981","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30395,"registerId":"nt-petroleum-submerged-lands-act-1981-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\n(1) This Act may be cited as the Petroleum (Submerged Lands)\nAct 1981.\n(2) This Act shall come into operation on the first day on which the\nfollowing Acts of the Commonwealth, with or without amendments,\nare in operation, namely, the Seas and Submerged Lands\nAmendment Act 1980, the Coastal Waters (State Powers)\nAct 1980, the Coastal Waters (State Title) Act 1980 and the\nPetroleum (Submerged Lands) Amendment Act 1980.\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act:\naccess authority means an access authority under Part II.\n\nPetroleum (Submerged Lands) Act 1981 3\nadjacent area means, subject to subsection (2), so much of the\narea the boundary of which is described in Schedule 3 as is part of\nthe territorial sea of Australia, including the territorial sea adjacent\nto any island forming part of the Territory, and includes, subject to\nsubsection (3), an area which:\n(a) is within the area the boundary of which is described in\nSchedule 3;\n(b) is seaward of the coastline of the Territory at mean low water\nand landward of the inner limit of the territorial sea of\nAustralia; and\n(c) was, immediately before the commencement of this Act, the\nsubject of an exploration permit for petroleum subsisting under\nthe Commonwealth Act.\napplication for a primary licence means an application under\nsection 40(1) or (2) or 40A(2) or (3).\napplication for a secondary licence means an application under\nsection 40(3) or 40A(3).\napproved means approved by the Minister.\nblock means a block constituted as provided by section 17.\nCommonwealth Act means:\n(a) the Petroleum (Submerged Lands) Act 1967 of the\nCommonwealth, as amended from time to time; or\nas amended from time to time.\nCommonwealth Minister means the Minister of the Crown in right\nof the Commonwealth for the time being administering the\nCommonwealth Act.\nconstruct includes place and construction has a corresponding\nmeaning.\ncontinental shelf means the continental shelf, within the meaning\nof the Seas and Submerged Lands Act 1973 of the Commonwealth,\nadjacent to the coast of Australia (including the coast of any island\nforming part of a State or Territory) or of a Territory to which the\nCommonwealth Act applies or extends.\n\nPetroleum (Submerged Lands) Act 1981 4\ncorresponding law means an Act of another State or a law in force\nin a Territory of the Commonwealth giving effect to the agreement\nbetween the Governments of the Commonwealth, the States and\nthe Northern Territory referred to in the preamble to this Act.\ndatum means a reference frame for defining geographic\nco-ordinates.\nNote:\nIf the position on the surface of the Earth of a particular point is identified by a\nco-ordinate that is determined by reference to a particular datum, the use of a\ndifferent datum will result in the same point being identified by a different\nco-ordinate.\ndocument includes any map, book, record or writing.\ngeographic co-ordinate includes:\n(a) a meridian of longitude by itself; and\n(b) a parallel of latitude by itself.\ngood oilfield practice means all those things that are generally\naccepted as good and safe in the carrying on of exploration for\npetroleum or, in operations for the recovery of petroleum, as the\ncase may be.\ngraticular section means a section referred to in section 17.\ninspector means a person appointed as an inspector under\nsection 125.\ninterstate Minister means the Minister of the Crown in right of a\nState administering the corresponding law of that State.\nJoint Authority means the Commonwealth-Northern Territory\nOffshore Petroleum Joint Authority (also known as the\nCommonwealth-Northern Territory Off-shore Petroleum Joint\nAuthority) established by the Commonwealth Act.\nlease means a retention lease under Division 2A of Part II.\nlease area means the area constituted by the blocks that are the\nsubject of a lease.\nlessee means the registered holder of a lease.\nlicence means a production licence for petroleum granted under\n\nPetroleum (Submerged Lands) Act 1981 5\nlicence area means the area constituted by the blocks that are the\nsubject of a licence.\nlicensee means the registered holder of a licence.\nlisted OHS laws has the meaning in section 153.\nlocation means a block or blocks in respect of which a declaration\nunder section 37 is in force.\nMinisterial Council means a body (however described) that\nconsists of the Minister of the Commonwealth, and the Minister of\neach State and Territory, who is responsible, or principally\nresponsible, for matters relating to energy or resources.\nnative title and native title rights and interests have the meaning\ngiven in section 223 of the Native Title Act.\nNative Title Act means the Native Title Act 1993 of the\nCommonwealth.\nnative title holder has the meaning given in section 224 of the\nNative Title Act.\nnatural resources has the same meaning as in paragraph 4 of\nArticle 77 of the United Nations Convention on the Law of the Sea\ndone at Montego Bay on 10 December 1982.\noffshore place has the meaning given in section 253 of the Native\nTitle Act.\nOHS inspector means an OHS inspector appointed under the\nCommonwealth Act.\npartly cancelled means:\n(a) in relation to a permit or licence – cancelled as to one or more\nbut not all of the blocks the subject of the permit or licence;\nand\n(b) in relation to a pipeline licence – cancelled as to a part of the\npipeline the subject of the licence.\npartly determined, in relation to a permit or lease, means\ndetermined as to one or more but not all of the blocks the subject of\nthe permit or lease.\npermit means an exploration permit for petroleum granted under\n\nPetroleum (Submerged Lands) Act 1981 6\npermit area means the area constituted by the blocks that are the\nsubject of a permit.\npermittee means the registered holder of a permit.\npetroleum means:\n(a) any naturally occurring hydrocarbon, whether in a gaseous,\nliquid or solid state;\n(b) any naturally occurring mixture of hydrocarbons, whether in a\ngaseous, liquid or solid state; or\n(c) any naturally occurring mixture of one or more hydrocarbons,\nwhether in a gaseous, liquid or solid state, and one or more of\nthe following: namely, hydrogen sulphide, nitrogen, helium and\ncarbon dioxide,\nand includes any petroleum as defined by paragraph (a), (b) or (c)\nthat has been returned to a natural reservoir in an adjacent area.\npetroleum pool means a naturally occurring discrete accumulation\nof petroleum.\npipeline means a pipe or system of pipes in an adjacent area for\nconveying petroleum but does not include a pipe or system of\npipes:\n(a) for returning petroleum to a natural reservoir;\n(b) for conveying petroleum for use for the purposes of petroleum\nexploration operations or operations for the recovery of\n(c) for conveying petroleum that is to be flared or vented; or\n(d) for conveying petroleum from a well to a terminal station\nwithout passing through another terminal station, whether the\nterminal station to which the petroleum is conveyed is in the\nadjacent area or not.\npipeline licence means a licence granted under Part II to construct\nand operate a pipeline.\npipeline licensee means the registered holder of a pipeline\n\nPetroleum (Submerged Lands) Act 1981 7\nprimary entitlement means:\n(a) in relation to a permittee – the number of blocks forming part\nof a location in the permit area in respect of which that\npermittee may make an application under section 40(1); and\n(b) in relation to a lessee – the number of blocks in the lease area\nin respect of which that lessee may make an application under\nsection 40A(2).\nprimary licence means a licence granted on an application made\nunder section 40(1) or (2).\npumping station means equipment for pumping petroleum or\nwater and includes any structure associated with that equipment.\nregister means the register kept in pursuance of Division 5 of\nregistered holder, in relation to a permit, lease, licence, pipeline\nlicence, special prospecting authority or access authority, means\nthe person whose name is for the time being shown in the register\nas being the holder of the permit, lease, licence, pipeline licence,\nspecial prospecting authority or access authority.\nregistered native title claimant has the meaning given in\nsection 253 of the Native Title Act or, if the claimant is replaced\nunder section 66B of that Act, means the person who replaced the\nclaimant.\nregistered native title rights and interests means:\n(a) in relation to a registered native title claimant – the native title\nrights and interests of the claimant described in the relevant\nentry on the Register of Native Title Claims established and\nmaintained in accordance with Part 7 of the Native Title Act;\nand\n(b) in relation to a registered native title body corporate – the\nnative title rights and interests of the body corporate described\nin the relevant entry on the National Native Title Register\nestablished and maintained under Part 8 of the Native Title\nAct.\nrelinquished area means:\n(a) in relation to a permit, lease or licence that has expired – the\narea constituted by the blocks in respect of which the permit,\nlease or licence was in force but has not been renewed;\n\nPetroleum (Submerged Lands) Act 1981 8\n(b) in relation to a permit or lease that has been wholly\ndetermined or partly determined – the area constituted by the\nblocks as to which the permit or lease was so determined;\n(c) in relation to a permit or licence that has been wholly\ncancelled or partly cancelled – the area constituted by the\nblocks as to which the permit or licence was so cancelled;\n(ca) in relation to a lease that has been wholly cancelled – the area\nconstituted by the blocks in respect of which the lease was in\nforce;\n(d) in relation to a pipeline licence that is no longer in force – the\npart of the adjacent area in which the pipeline was\nconstructed;\n(e) in relation to a pipeline licence that has been wholly cancelled\nor partly cancelled – the part of the adjacent area in which the\npipeline or the part of the pipeline, as the case may be, was\nconstructed; and\n(f) in relation to a special prospecting authority or access\nauthority that has been surrendered, cancelled or has\nexpired – the area constituted by the blocks in respect of\nwhich that authority was in force.\nroyalty period, in relation to a permit, lease or licence, means:\n(a) the period from and including the date from which the permit,\nlease or licence comes into force to the end of the month of\nthe year during which that date occurs; and\n(b) each month thereafter.\nSafety Authority means the National Offshore Petroleum Safety\nAuthority established under the Commonwealth Act.\nsecondary licence means a licence granted on an application\nmade under section 40(3).\nsecondary line means a pipe or system of pipes for any purpose\nreferred to in paragraphs (a), (b), (c) and (d) of the definition of\nspecial prospecting authority means a special prospecting\nauthority granted under Part II.\ntank station means a tank or system of tanks for holding or storing\npetroleum and includes any structure associated with that tank or\nsystem of tanks.\n\nPetroleum (Submerged Lands) Act 1981 9\nterminal station means a pumping station, a tank station or a valve\nstation declared to be a terminal station under section 63 or under\nthe Commonwealth Act or a corresponding law.\nvalve station means equipment for regulating the flow of petroleum\nand includes any structure associated with that equipment.\nvessel means a vessel used in navigation, other than air\nnavigation, and includes a barge, lighter or other floating vessel.\nwater line means a pipe or system of pipes for conveying water in\nconnection with petroleum exploration operations or operations for\nthe recovery of petroleum.\nwell means a hole in the sea-bed or subsoil made by drilling, boring\nor any other means in connection with exploration for petroleum or\noperations for the recovery of petroleum but does not include a\nseismic shot hole.\nwholly cancelled, in relation to a permit, lease, licence or pipeline\nlicence, means cancelled as to all the blocks, or as to the whole of\nthe pipeline, the subject of the permit, lease, licence or pipeline\nwholly determined, in relation to a permit or lease, means\ndetermined as to all the blocks the subject of the permit or lease.\n(2) If, at any time, the breadth of the territorial sea of Australia is\ndetermined or declared to be greater than 3 nautical miles, the\ndefinition of adjacent area in subsection (1) continues to have effect\nas if the breadth of the territorial sea of Australia had continued to\nbe 3 nautical miles.\n(3) Where an exploration permit for petroleum subsisting under the\nCommonwealth Act immediately before the commencement of this\nAct, or a permit granted by way of the first or any subsequent\nrenewal of such a permit, is cancelled or determined, or expires and\nis not renewed, as to an area described in paragraphs (a), (b) and\n(c) of the definition of adjacent area, that area ceases to be part of\nan adjacent area.\n(4) In this Act, a reference to the term of a permit, lease, licence,\nspecial prospecting authority or access authority is a reference to\nthe period during which the permit, lease, licence, special\nprospecting authority or access authority remains in force and a\nreference to the date of expiration of a permit, lease, licence,\nspecial prospecting authority or access authority is a reference to\nthe day on which the permit, lease, licence, special prospecting\nauthority or access authority ceases to be in force.\n\nPetroleum (Submerged Lands) Act 1981 10\n(4A) In this Act, a reference to the term of a pipeline licence is a\nreference to the period during which the pipeline licence is in force.\n(5) In this Act, a reference to a year of the term of a permit, lease,\nlicence or pipeline licence is a reference to a period of one year\ncommencing on the day on which the permit, lease, licence or\npipeline licence, as the case may be, comes into force or on any\nanniversary of that day.\n(6) In this Act, a reference to the renewal, or to the grant of a renewal,\nof a permit is a reference to the grant of a permit in respect of all or\nsome of the blocks specified in the first-mentioned permit to\nmentioned permit or on the day after the date of expiration of the\npermit granted upon a previous renewal of the first-mentioned\npermit.\n(6A) In this Act, a reference to the renewal, or the grant of a renewal, of\na lease is a reference to the grant of a lease in respect of the blocks\nin respect of which the first-mentioned lease was in force to\nmentioned lease or on the day after the date of expiration of the\nlease granted upon a previous renewal of the first-mentioned lease.\n(7) In this Act, a reference to the renewal, or the grant of a renewal, of\na licence in respect of the blocks specified in the licence is a\nreference to the grant of a licence in respect of those blocks to\nmentioned licence or on the day after the date of expiration of the\nlicence granted upon a previous renewal of the first-mentioned\n(9) In this Act, a reference to a pipeline includes a reference to a part of\na pipeline.\n(10) In this Act, a reference to a permit, lease, licence, pipeline licence\nor access authority is a reference to the permit, lease, licence,\npipeline licence or access authority as varied for the time being\nunder this Act.\n(11) The power conferred by this Act to make, grant or issue any\ninstrument shall, unless the contrary intention appears, be\nconstrued as including a power exercisable in the like manner and\nsubject to the like conditions, if any, to repeal, rescind, revoke,\namend or vary any such instrument.\n(12) For the purposes of this Act and the Regulations:\n(a) the space above or below the adjacent area shall be deemed\nto be in that area; and\n\nPetroleum (Submerged Lands) Act 1981 11\n(b) the space above or below an area that is part of the adjacent\narea shall be deemed to be in that part.\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Construction of Act","content":"5 Construction of Act\n(1) This Act shall be read and construed as intended to operate, and as\noperating, to the full extent of the legislative powers of the Territory\n(any presumption to the contrary notwithstanding) but subject to,\nand so as not to exceed, the limits of those powers to the intent that\nwhere any provision of this Act would, but for this subsection, be\nconstrued as being in excess of those powers, it shall nevertheless\nbe a valid enactment to the extent to which it is not in excess of\nthose powers.\n(2) No other provision of this Act shall be read or construed so as to\nlimit, or as limiting, the operation of subsection (1).\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Application of Act","content":"6 Application of Act\nThis Act applies to all natural persons, whether Australian citizens\nor not and whether resident in the Territory or not, and to all\ncorporations, whether incorporated or carrying on business in the\nTerritory or not.\n","sortOrder":3},{"sectionNumber":"6A","sectionType":"section","heading":"Disapplication of Territory occupational health and safety laws","content":"6A Disapplication of Territory occupational health and safety laws\n(1) The prescribed occupational health and safety laws do not apply in\nrelation to:\n(a) a facility;\n(b) a person at a facility;\n(c) a person near a facility, to the extent to which the person is\naffected by:\n(i) a facility; or\n(ii) activities that take place at a facility; or\n(d) activities that take place at a facility.\n(2) For subsection (1), a reference to the prescribed occupational\nhealth and safety laws is a reference to the provisions of those laws\nthat, if subsection (1) did not apply, would apply in the adjacent\narea because of the Off-Shore Waters (Application of Territory\nLaws) Act 1985 or the cooperative scheme within the meaning of\nthe Crimes at Sea Act 2000.\n\nPetroleum (Submerged Lands) Act 1981 12\n(3) This section applies despite the Off-Shore Waters (Application of\nTerritory Laws) Act 1985 or Crimes at Sea Act 2000.\n(4) In this section:\nfacility has the meaning in Schedule 4.\nprescribed occupational health and safety laws means any laws\nof the Territory relating to occupational health and safety (whether\nor not they also relate to other matters) prescribed by the\nRegulations.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Petroleum pool extending into 2 licence areas","content":"7 Petroleum pool extending into 2 licence areas\n(1) The provisions of this section have effect for the purposes of this\nAct and of licences (whether granted before or after the\ncommencement of this Act).\n(2) Where a well-head is situated in a licence area and the well from\nthat well-head is inclined so as to enter a petroleum pool, being a\npool that does not extend to that licence area, at a place within an\nadjoining licence area of the same licensee, any petroleum\nrecovered through that well shall be deemed to have been\nrecovered in that adjoining licence area under the licence in respect\nof that area.\n(3) Where a petroleum pool is partly in one licence area and partly in\nan adjoining licence area of the same licensee and petroleum is\nrecovered from that pool through a well or wells in one or both of\nthe licence areas, there shall be deemed to have been recovered in\neach of the licence areas, under the licence in respect of that area,\nsuch proportion of all petroleum so recovered as may reasonably\nbe treated as being derived from that area, having regard to the\nnature and probable extent of the pool, and the respective\nproportions shall be determined in accordance with subsection (4).\n(4) The proportions to be determined for the purposes of subsection (3)\nmay be determined by agreement between the licensee and the\nMinister or, in the absence of agreement, may be determined by the\nSupreme Court on the application of the licensee or the Minister.\n(5) Where a petroleum pool is partly in a licence area and partly in an\narea (in this subsection referred to as the Commonwealth licence\narea) in which the licensee has authority under the Commonwealth\nAct to explore for, or recover, petroleum, and petroleum is\nrecovered from that pool through a well or wells in the licence area,\nthe Commonwealth licence area or both, there shall be deemed to\nhave been recovered in the licence area such proportion of all\npetroleum so recovered as may reasonably be treated as being\nderived from that area, having regard to the nature and probable\n\nPetroleum (Submerged Lands) Act 1981 13\nextent of the pool, and that proportion shall be determined in\naccordance with subsection (6).\n(6) The proportion to be determined for the purposes of subsection (5)\nmay be determined by agreement between the licensee, the Joint\nAuthority and the Minister or, in the absence of agreement, may be\ndetermined by the Supreme Court on the application of the\nlicensee, the Joint Authority or the Minister.\n(7) Where a petroleum pool is partly in a licence area and partly in an\narea (in this section called the other State licence area) in which\nthe licensee has authority, under a corresponding law, to explore\nfor or recover, petroleum, and petroleum is recovered from that pool\nthrough a well or wells in the licence area, the other State licence\narea or both, there shall be deemed to have been recovered in the\nlicence area such proportion of all petroleum so recovered as may\nreasonably be treated as being derived from that area, having\nregard to the nature and probable extent of the pool, and that\nproportion shall be determined in accordance with subsection (8).\n(8) The proportion to be determined for the purposes of subsection (7)\nmay be determined by agreement between the licensee, the\nMinister and the Minister of the other State administering the\ncorresponding law or, in the absence of agreement, may be\ndetermined by the Supreme Court on the application of any of those\npersons.\n(9) Where:\n(a) a petroleum pool is partly in a licence area and partly in\nanother area, being an area which is outside the adjacent area\nand in which the licensee has, under the Commonwealth Act\nor a corresponding law, authority to explore for, or recover,\n(b) petroleum is recovered from that pool; and\n(c) the Supreme Court of another State has made a\ndetermination, under the Commonwealth Act or a\ncorresponding law, of the proportion of the petroleum\nrecovered from that pool that is, for the purposes of the\nCommonwealth Act or the corresponding law, to be deemed to\nhave been recovered from the other area,\nthe Supreme Court shall not make a determination under this\nsection that is inconsistent with the determination of the Supreme\nCourt of the other State.\n\n","sortOrder":5},{"sectionNumber":"Div 2","sectionType":"division","heading":"Administration of Principal Northern Territory PSL Area","content":"Division 2 Administration of Principal Northern Territory PSL Area\nPetroleum (Submerged Lands) Act 1981 14\n(10) Where:\n(a) a petroleum pool is partly in a licence area and partly in\nanother area, whether in the adjacent area or not, in respect of\nwhich another person has authority, whether under this Act,\nthe Commonwealth Act or a corresponding law, to explore for\nor recover petroleum;\n(b) a unit development agreement in accordance with section 59\nis in force between the licensee and that other person; and\n(c) petroleum is recovered from that pool through a well or wells\nin the licence area, the other area or both,\nthere shall be deemed to have been recovered in the licence area\nsuch proportion of all petroleum so recovered as is specified in, or\ndetermined in accordance with, the agreement.\n(11) In this section, a reference to a licence, a licensee or a licence area\nshall be read as including a reference to a permit and a lease, a\npermittee and a lessee or a permit area and a lease area.\nDivision 2 Administration of Principal Northern Territory PSL\nArea\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Definitions","content":"10 Definitions\nIn this Division, unless the contrary intention appears:\nCommonwealth Act means, as the context requires:\n(a) the Petroleum (Submerged Lands) Act 1967 of the\nCommonwealth, as amended from time to time;\nas amended from time to time;\n(c) the Petroleum (Submerged Lands) Registration Fees Act 1967\nof the Commonwealth, as amended from time to time;\n(d) if the Petroleum (Submerged Lands) Registration Fees\nAct 1967 of the Commonwealth is repealed and re-enacted\n(with or without modification) – the Act of the Commonwealth\nthat re-enacts it, as amended from time to time;\n(e) the Petroleum (Submerged Lands) Fees Act 1994 of the\nCommonwealth, as amended from time to time; or\n\nDivision 2 Administration of Principal Northern Territory PSL Area\nPetroleum (Submerged Lands) Act 1981 15\n(f) if the Petroleum (Submerged Lands) Fees Act 1994 of the\nas amended from time to time.\nCommonwealth adjacent area means:\n(a) if the Petroleum (Submerged Lands) Act 1967 of the\nCommonwealth is in force – the adjacent area in respect of\nthe Territory determined in accordance with section 5A of that\nAct; or\nmodification) – the area that, under the Act of the\nCommonwealth that re-enacts the Petroleum (Submerged\nLands) Act 1967 of the Commonwealth, corresponds to the\narea which, immediately before the repeal of the Petroleum\n(Submerged Lands) Act 1967 of the Commonwealth, was the\nadjacent area in respect of the Territory determined in\naccordance with section 5A of that Act.\nEastern Greater Sunrise area means the part of the\nCommonwealth adjacent area that is described in Schedule 8 to the\nCommonwealth Act under the heading that refers to the Eastern\nGreater Sunrise area.\nPrincipal Northern Territory PSL area means the part of the\nCommonwealth adjacent area that is comprised of all of that\nadjacent area apart from the Eastern Greater Sunrise area.\n","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"Minister as member of Joint Authority","content":"11 Minister as member of Joint Authority\nThe Minister may exercise any power which the Commonwealth Act\nis expressed to authorize him to exercise as a member of the Joint\nAuthority.\n","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Minister to perform function as member of Joint Authority","content":"12 Minister to perform function as member of Joint Authority\nThe Minister shall perform any function which the Commonwealth\nAct is expressed to require him to perform as a member of the Joint\nAuthority.\n","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Minister as Designated Authority","content":"13 Minister as Designated Authority\nThe Minister is authorized to perform the functions and exercise the\npowers which the Commonwealth Act is expressed to require or\nempower the Designated Authority in respect of the Principal\nNorthern Territory PSL area to perform or exercise.\n\nPetroleum (Submerged Lands) Act 1981 16\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Delegations under Commonwealth Act","content":"14 Delegations under Commonwealth Act\nWhere, in the exercise of a power which the Commonwealth Act is\nexpressed to confer upon the Designated Authority in respect of the\nPrincipal Northern Territory PSL area, the Minister delegates a\npower to a person who is an employee of the Public Service or who\nholds any office in the service of the Territory, the person may\nexercise the power so delegated in an instrument of delegation.\n","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Public servants performing functions under Commonwealth","content":"15 Public servants performing functions under Commonwealth\nAct\nAn employee of the Public Service shall perform any function which\nthe Minister, as the Designated Authority in respect of the Principal\nNorthern Territory PSL area, or as a member of the Joint Authority,\nrequires him to perform in relation to the Commonwealth Act.\n","sortOrder":12},{"sectionNumber":"15A","sectionType":"section","heading":"Application","content":"15A Application\nThis Division applies in relation to acts done under this Act that are\nfuture acts to which Subdivision N of Division 3 of Part 2 of the\nNative Title Act applies.\n","sortOrder":13},{"sectionNumber":"15B","sectionType":"section","heading":"Procedural rights","content":"15B Procedural rights\nWhere an act to which this Division applies affects native title rights\nand interests:\n(a) the native title holders; and\n(b) the registered native title claimants (if any) in relation to land\nor waters in the area concerned,\nhave the same procedural rights as they would have in relation to\nthe act on the assumption that they instead held any corresponding\nrights and interests in relation to the offshore place that are not\nnative title rights and interests.\n","sortOrder":14},{"sectionNumber":"15C","sectionType":"section","heading":"Compensation","content":"15C Compensation\nCompensation for the effect on native title of an act to which this\nDivision applies:\n(a) is payable by the holder of the permit, lease, licence, pipeline\nlicence, consent under section 60 or 123, special prospecting\nauthority or access authority to which the act relates (in this\nsection called the petroleum interest);\n\nPetroleum (Submerged Lands) Act 1981 17\n(b) includes compensation for the effect on native title of activities\ndone under the petroleum interest as a result of the act; and\n(c) is to be determined in accordance with Division 5 of Part 2 of\nthe Native Title Act.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Delegation","content":"16 Delegation\n(1) The Minister may, either generally or as otherwise provided by an\ninstrument of delegation, by writing signed by him, delegate to a\nperson any of his powers or functions under this Act or the\nRegulations other than this power of delegation.\n(2) A power or function delegated under subsection (1), when\nexercised by the delegate shall, for the purposes of this Act or the\nRegulations, be deemed to have been exercised by the Minister.\n(3) A delegation under this section may be expressed as a delegation\nto the person for the time being holding, or performing the duties of,\na specified office under the Commonwealth, a State or a Territory.\n(4) A delegation under this section made at any time by a person who\nis, at that time, the Minister continues in force notwithstanding that\nat some subsequent time a different person is the Minister or there\nis no person who is the Minister, but such a delegation may be\nrevoked or varied by any person who is, for the time being, the\n(5) A delegation of a power or function under this section does not\nprevent the exercise of the power or function by the Minister.\n(6) A copy of each instrument making, varying or revoking a delegation\nshall be published in the Gazette.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Graticulation of Earth's surface","content":"17 Graticulation of Earth's surface\n(1) For the purposes of this Act, the surface of the Earth shall be\ndeemed to be divided:\n(a) by the meridian of Greenwich and by meridians that are at a\ndistance from that meridian of 5 minutes, or a multiple of\n5 minutes, of longitude; and\n\nPetroleum (Submerged Lands) Act 1981 18\n(b) by the Equator and by parallels of latitude that are at a\ndistance from the Equator of 5 minutes, or a multiple of\n5 minutes, of latitude,\ninto sections, each of which is bounded:\n(c) by portions of 2 of those meridians that are at a distance from\neach other of 5 minutes of longitude; and\n(d) by portions of 2 of those parallels of latitude that are at a\ndistance from each other of 5 minutes of latitude.\n(2) For the purposes of this Act:\n(a) a graticular section that is wholly within an adjacent area\nconstitutes a block; and\n(b) if a part only of a graticular section is, or parts only of a\ngraticular section are, within an adjacent area, the area of that\npart, or of those parts, constitutes a block.\n(3) In this Act:\n(a) a reference to a block that is constituted by a graticular section\nincludes a reference to a block that is constituted by the area\nof a part only, or by the areas of parts only, of a graticular\nsection; and\n(b) a reference to a graticular section that constitutes a block\nincludes a reference to a graticular section part only of which\nconstitutes, or parts only of which constitute, the block.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Reservation of blocks","content":"18 Reservation of blocks\n(1) The Minister may, by instrument published in the Gazette, declare\nthat a block specified in the instrument (not being a block in respect\nof which a permit, lease or licence is in force or over or in which\nthere is a pipeline) shall not be the subject of a permit, lease,\nlicence, special prospecting authority or access authority and that a\npipeline licence shall not be granted in respect of a pipeline over or\nin that block.\n(2) While a declaration under subsection (1) remains in force in respect\nof a block, a permit, lease, licence, special prospecting authority or\naccess authority shall not be granted in respect of that block and a\npipeline licence shall not be granted in respect of a pipeline over or\nin that block.\n\nPetroleum (Submerged Lands) Act 1981 19\n","sortOrder":18},{"sectionNumber":"18A","sectionType":"section","heading":"Environmental consideration relating to certain parks and","content":"18A Environmental consideration relating to certain parks and\nreserves\n(1) In this section:\nland, sea-bed and subsoil have the same meaning as in the\nTerritory Parks and Wildlife Conservation Act 1976.\npark or reserve means a park or reserve within the meaning of the\nTerritory Parks and Wildlife Conservation Act 1976 or land declared\nunder section 9(4) of that Act to be a park or reserve for the\npurposes of this section.\n(2) In respect of land comprising the whole or a part of a park or\nreserve, the Minister shall not grant:\n(a) subject to subsection (3), an access authority, special\nprospecting authority, permit or lease, unless the Minister has\nconsidered the opinions of the minister administering the\nTerritory Parks and Wildlife Conservation Act 1976 in relation\nto the proposed grant; or\n(b) a licence, except in accordance with the conditions, if any,\nspecified by the minister administering the Territory Parks and\nWildlife Conservation Act 1976.\n(3) The holder of an access authority or special prospecting authority\nor a permittee or lessee shall not carry out exploration, or any other\nactivity, which may cause substantial disturbance to the land,\nsea-bed or subsoil comprising the whole or a part of a park or\nreserve unless he has advised the Minister, in writing, of his\nintention to carry out the exploration or activity and he carries it out\nin accordance with such directions, if any, as the Minister thinks fit,\nor which are required under subsection (4) to be given, to protect\nthe environment in or in the vicinity of the park or reserve.\n(4) The minister administering the Territory Parks and Wildlife\nConservation Act 1976 may require the Minister to give as\ndirections under subsection (3) such directions in relation to the\nprotection of the environment in the park or reserve as the minister\nthinks fit, and the Minister shall give those directions accordingly.\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Exploration for petroleum","content":"19 Exploration for petroleum\n(1) A person shall not explore for petroleum in an adjacent area except:\n(a) under and in accordance with a permit; or\n\nPetroleum (Submerged Lands) Act 1981 20\n(b) as otherwise permitted by this Part.\n(2) For the purposes of subsection (1), a person who does anything\npreparatory to, or knowingly connected with, exploration for\npetroleum is taken to explore for petroleum.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Advertisement of blocks","content":"20 Advertisement of blocks\n(1) The Minister may, by notice in the Gazette:\n(a) invite applications for the grant of a permit in respect of the\nblock or blocks specified in the instrument; and\n(b) specify a period within which applications may be made.\n(2) The Minister may, in a notice published under subsection (1), direct\nthat section 21(2) or (3) does not apply, or that both of those\nsubsections do not apply, to or in relation to the applications.\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Application for permits","content":"21 Application for permits\n(1) An application made under section 20:\n(a) shall be in accordance with the approved form;\n(b) shall be made in the approved manner;\n(c) shall be in respect of not more than 400 blocks;\n(d) shall be accompanied by particulars of:\nin respect of the blocks specified in the application;\n(ii) the technical qualifications of the applicant and of his\nemployees;\n(iii) the technical advice available to the applicant; and\n(iv) the financial resources available to the applicant;\n(e) may set out other matters that the applicant wishes the\n\nPetroleum (Submerged Lands) Act 1981 21\n(f) shall be accompanied by the prescribed fee.\n(2) The number of blocks specified in an application:\n(a) if 16 blocks or more are available – shall be not less than 16;\nor\n(b) if less than 16 blocks are available – shall be the number\navailable.\n(3) The blocks specified in an application shall be blocks that are\nconstituted by graticular sections that:\n(a) constitute a single area; and\n(b) are such that each graticular section in that area has a side in\ncommon with at least one other graticular section in that area.\n(4) The Minister may, at any time, by notice in writing served on an\napplicant, require him to furnish, within the time specified in the\nnotice, further information in writing in connection with his\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Grant or refusal of permit","content":"22 Grant or refusal of permit\n(1) Where an application has been made under section 20, the Minister\nmay:\n(a) by notice in writing served on the applicant, inform the\napplicant that he is prepared to grant to the applicant a permit\nin respect of the block or blocks specified in the notice; or\n(b) refuse to grant a permit.\n(2) A notice under subsection (1) shall contain:\n(a) a summary of the conditions subject to which the permit is to\napplicant does not make a request under subsection (3) in\nrespect of the grant of the permit.\n(3) An applicant who has been served with a notice under\nservice of the notice on him, or within such further period, not\nexceeding one month, as the Minister, on application in writing\nserved on him before the expiration of the first-mentioned period of\none month, allows, by notice in writing served on the Minister,\nrequest the Minister to grant to him the permit referred to in the first-\n\nPetroleum (Submerged Lands) Act 1981 22\nmentioned notice.\n(4) Where an applicant who has been served with a notice under\nsubsection (1) has made a request under subsection (3) within the\nperiod applicable under subsection (3), the Minister shall grant to\nhim a permit in respect of the block or blocks specified in the notice.\n(5) Where an applicant who has been served with a notice under\nsubsection (1) has not made a request under subsection (3) within\nthe period applicable under subsection (3), the application lapses\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Application for permit in respect of surrendered blocks, &c.","content":"23 Application for permit in respect of surrendered blocks, &c.\n(a) a lease is surrendered, cancelled or determined as to a block\nor blocks;\n(aa) a licence is surrendered or cancelled as to a block or blocks;\nor\n(b) a permit is surrendered, cancelled or determined as to a block\nor blocks and, at the time of the surrender, cancellation or\ndetermination, the block was, or the blocks were, included in,\na location,\nthe Minister may, at any subsequent time by notice in the Gazette,\ninvite applications for the grant of a permit in respect of that block or\nsuch of those blocks as is or are specified in the notice and specify\na period within which applications may be made.\n(4) An application under this section:\n(c) shall be accompanied by the particulars referred to in\nsection 21(1)(d);\n(d) shall specify an amount that the applicant is prepared to pay\nto the Minister, in addition to the fee referred to in\nsection 24(1)(a), in respect of the grant of a permit to him on\nthe application; and\n(e) may set out any other matters that the applicant wishes the\n\nPetroleum (Submerged Lands) Act 1981 23\n(5) The Minister may, at any time, by notice in writing served on an\napplicant, require him to furnish, within the time specified in the\nnotice, further information in writing in connection with his\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Application fee, &c.","content":"24 Application fee, &c.\n(1) An application made under section 23 shall be accompanied by:\n(a) the prescribed fee; and\n(b) a deposit of 10% of the amount specified in the application\nunder section 23(4)(d).\n(2) Where a permit is not granted on the application, the amount of the\ndeposit shall, subject to subsection (3), be refunded to the\n(3) Where an applicant who has been served with a notice under\nsection 25 does not request the Minister in accordance with\nsection 26 to grant to him the permit referred to in the notice, the\ndeposit shall not, unless the Minister otherwise determines, be\nrefunded to the applicant.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Consideration of applications","content":"25 Consideration of applications\n(1) Where, at the expiration of the period specified in a notice under\nsection 23(1), only one application has been made under that\nsubsection in respect of the block or blocks specified in the notice,\nthe Minister may reject or grant the application.\n(2) Where, at the expiration of the period specified in a notice under\nsection 23(1), 2 or more applications have been made under that\nsubsection in respect of the block or blocks specified in the notice,\nthe Minister may reject any or all of the applications and, if he does\nnot reject all of the applications, may:\n(a) if only one application remains unrejected – by notice in\nwriting served on the applicant; or\n(b) if 2 or more applications remain unrejected – by notice in\nwriting served on the applicant, or on one of the applicants,\nwhose application has not been rejected and who has\nspecified as the amount that he is prepared to pay in respect\nof the grant of a permit to him an amount that is not less than\nthe amount specified by any other applicant whose application\nhas not been rejected,\ninform him that he is prepared to grant to him a permit in respect of\nthat block or those blocks.\n\nPetroleum (Submerged Lands) Act 1981 24\n(3) Where an application is made under section 23(2), the Minister may\nreject or grant the application.\n(5) A notice under this section shall contain:\n(a) a summary of the conditions subject to which the permit is to\napplicant does not:\n(i) make a request under section 26(1); and\n(ii) pay the balance of the amount to be paid in respect of\nthe grant of the permit to the applicant or enter into an\nagreement under section 109 in respect of that balance.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Request by applicant for grant of permit in respect of","content":"26 Request by applicant for grant of permit in respect of\nadvertised blocks\n(1) An applicant who has been served with a notice under section 25\nmay, within a period of 3 months after the date of service of the\nnotice on him, or within such further period, not exceeding\n3 months, as the Minister, on application in writing served on him\nbefore the expiration of the first-mentioned period of 3 months,\nallows:\n(a) by notice in writing served on the Minister, request the Minister\nto grant to him the permit referred to in the first-mentioned\nnotice; and\n(b) pay the balance of the amount to be paid in respect of the\ngrant of the permit to him or enter into an agreement under\nsection 109 in respect of that balance.\n(2) Where an applicant who has been served with a notice under\nsection 25:\n(a) has not made a request under subsection (1); and\n(b) has not paid the balance of the amount to be paid in respect of\nthe grant of the permit to him or entered into an agreement\nunder section 109 in respect of that balance,\nwithin the period applicable under subsection (1), the application\n\nPetroleum (Submerged Lands) Act 1981 25\n(3) Where the application lapses, as provided by subsection (1), of an\napplicant who has been served with a notice under section 25(2),\nsubsection (2) applies in respect of the application or applications, if\nany, then remaining unrejected.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Grant of permit on request","content":"27 Grant of permit on request\nWhere a person who has been served with a notice under\nsection 25:\n(a) has made a request under section 26(1); and\n(b) has paid the balance of the amount to be paid in respect of the\ngrant of a permit to him or has entered into an agreement\nunder section 109 in respect of that balance,\nwithin the period applicable under section 25(1), the Minister shall\ngrant to that person a permit in respect of the block or blocks\nspecified in the notice.\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Rights conferred by permit","content":"28 Rights conferred by permit\nA permit, while it remains in force, authorizes the permittee, subject\nto this Act and the Regulations and in accordance with the\nconditions to which the permit is subject, to explore for petroleum,\nand to carry on such operations and execute such works as are\nnecessary for that purpose, in the permit area.\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Term of permit","content":"29 Term of permit\nSubject to this Part, a permit remains in force:\n(a) in the case of a permit granted otherwise than by way of the\nrenewal of a permit – for a period of 6 years commencing on\nthe day on which the permit is granted or, if a later day is\nspecified in the permit as being the day on which the permit is\nto come into force, on that later day; and\n(b) in the case of a permit granted by way of the renewal of a\npermit – for a period of 5 years commencing on the day on\nwhich the permit is granted or, if a later day is specified in the\npermit as being the day on which the permit is to come into\nforce, on that later day.\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Application for renewal of permit","content":"30 Application for renewal of permit\n(1) Subject to section 31, a permittee may, from time to time, make an\napplication to the Minister for the renewal of the permit in respect of\nsuch of the blocks the subject of the permit as are specified in the\n\nPetroleum (Submerged Lands) Act 1981 26\n(2) An application for the renewal of a permit:\nmanner not less than 3 months before the date of expiration of\nthe permit; and\n(c) shall be accompanied by the prescribed fee.\n(3) The Minister may receive an application for the renewal of a permit\nless than 3 months before, but not in any case after, the date of\nexpiration of the permit.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Application for renewal of permit to be in respect of reduced","content":"31 Application for renewal of permit to be in respect of reduced\narea\n(1) Subject to subsection (3), the number of blocks in respect of which\nan application for the renewal of a permit may be made shall not\nexceed the number calculated as follows:\n(a) where the number of blocks in respect of which the permit is in\nforce is a number that is divisible by 2 without remainder –\none-half of that number; or\n(b) where the number of blocks in respect of which the permit is in\nforce is a number that is one less or one more than a number\nthat is divisible by 4 without remainder – one-half of that last-\nmentioned number.\n(2) A block that is, or is included in, a location and in respect of which a\npermit is in force shall not be regarded as a block in respect of\nwhich the permit is in force for the purpose of making a calculation\nunder subsection (1).\n(3) An application for the renewal of a permit may include, in addition to\nthe blocks referred to in subsection (1), a block that is, or is\nincluded in, a location and in respect of which the permit is in force,\nor 2 or more such blocks.\n(4) The blocks specified in an application for the renewal of a permit\nshall be blocks that are constituted by or are within graticular\nsections that:\n(a) constitute a single area or a number of discrete areas; and\n(b) are such that each graticular section in the area, or in each\narea, has a side in common with at least one other graticular\nsection in that area.\n\nPetroleum (Submerged Lands) Act 1981 27\n(5) Where the number of blocks in respect of which an application for\nthe renewal of a permit may be made is 16 or more, each area\nconstituted by blocks in respect of which the application is made\nshall be constituted by not less than 16 blocks.\n(6) Where the maximum number of blocks in respect of which an\napplication for the renewal of a permit may be made in accordance\nwith the preceding provisions of this section is less than 16, the\nMinister may, by notice in writing served on the permittee:\n(a) inform the permittee that the number of blocks in respect of\nwhich the application may be made is such number, not\nexceeding 16, as is specified in the notice; and\n(b) give such directions as he thinks fit concerning the blocks in\nrespect of which the application may be made.\n(7) The Minister may:\n(a) direct that subsections (4) and (5) do not apply to or in relation\nto a proposed application for the renewal of a permit; and\n(b) give such directions concerning the blocks in respect of which\nthat application may be made.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Grant or refusal of renewal of permit","content":"32 Grant or refusal of renewal of permit\n(1) Where an application has been made under section 30 for the\nrenewal of a permit, the Minister:\n(a) shall, if the conditions to which the permit is, or has from time\n(b) may, if:\n(i) any of the conditions to which the permit is, or has from\nPart and the Regulations have not been complied with;\nand\ncircumstances exist that justify the granting of the\nrenewal of the permit,\nby notice in writing served on the person who is then the permittee,\ninform the person that he is prepared to grant to the person the\nrenewal of the permit.\n\nPetroleum (Submerged Lands) Act 1981 28\n(2) If any of the conditions to which the permit is, or has from time to\nRegulations have not been complied with and if the Minister is not\nsatisfied that special circumstances exist that justify the granting of\nthe renewal of the permit, the Minister shall, subject to\nsubsection (3), by notice in writing served on the person who is\nthen the permittee, refuse to grant the renewal of the permit.\n(3) The Minister shall not refuse to grant the renewal of a permit\n(a) he has, by notice in writing served on the permittee, given not\nless than one month's notice of his intention to refuse to grant\nthe renewal of the permit;\n(ii) specified a date on or before which the permittee or a\n(d) he has taken into account any matters so submitted to him on\nor before the specified date by the permittee or by a person on\nwhom a copy of the first-mentioned notice has been served.\n(4) A notice referred to in subsection (1) shall contain:\n(a) a summary of the conditions to which the permit, on the grant\npermittee does not make a request under subsection (5).\n(5) A permittee who has been served with a notice under\nservice of the notice on him, by notice in writing served on the\nMinister, request the Minister to grant to the permittee the renewal\nof the permit.\n(6) Where a permittee who has been served with a notice under\nsubsection (1) has made a request under subsection (5) within the\nperiod referred to in subsection (5), the Minister shall grant to him\nthe renewal of the permit.\n\nPetroleum (Submerged Lands) Act 1981 29\n(7) Where a permittee who has been served with a notice under\nsubsection (1) has not made a request under subsection (5) within\nthe period referred to in subsection (5), the application lapses upon\nthe expiration of that date.\n(8) Where:\n(a) an application for the renewal of a permit has been made; and\n(b) the permit expires:\nrenewal of the permit; or\nsubsection (7),\nthe permit shall be deemed to continue in force in all respects:\npermit; or\nwhichever first occurs.\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Conditions of permit","content":"33 Conditions of permit\n(1) A permit may be granted subject to such conditions as the Minister\nthinks fit and specifies in the permit.\n(2) The conditions referred to in subsection (1) may include conditions\nwith respect to:\n(a) work to be carried out by the permittee in or in relation to the\npermit area during the term of the permit; and\n(b) amounts to be expended by the permittee in carrying out such\nwork,\nand the conditions may require the permittee to comply with\ndirections given in accordance with the permit concerning the\nmatters referred to in paragraphs (a) and (b).\n(3) A permit shall be deemed to contain a condition that the permittee\nwill comply with the provisions of this Act relating to the payment of\nroyalty as in force from time to time.\n\nPetroleum (Submerged Lands) Act 1981 30\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Discovery of petroleum to be notified","content":"34 Discovery of petroleum to be notified\n(1) Where petroleum is discovered in a permit area, the permittee:\n(a) shall forthwith inform the Minister of the discovery; and\n(b) shall, within a period of 3 days after the date of the discovery,\nfurnish to the Minister particulars in writing of the discovery.\n(2) Where petroleum is discovered in a permit area, the Minister may,\nfrom time to time, by notice in writing served on the permittee, direct\nthe permittee to furnish to him, within the period specified in the\nnotice, particulars in writing of any one or more of the following:\n(a) the chemical composition and physical properties of the\n(b) the nature of the subsoil in which the petroleum occurs; and\n(c) any other matters relating to the discovery that are specified\nby the Minister in the notice.\n(3) A person on whom a notice is served under subsection (2) shall\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Directions by designated authority on discovery of petroleum","content":"35 Directions by designated authority on discovery of petroleum\n(1) Where petroleum is discovered in a permit area, the Minister may,\nby notice in writing served on the permittee, direct the permittee to\ndo, within the period specified in the notice, such things as the\nMinister thinks necessary and specifies in the notice to determine\nthe chemical composition and physical properties of that petroleum\nand to determine the quantity of petroleum in the petroleum pool to\nwhich the discovery relates or, if part only of that petroleum pool is\nwithin the permit area, in such part of that petroleum pool as is\nwithin the permit area.\n\nPetroleum (Submerged Lands) Act 1981 31\n(2) A person on whom a notice is served under subsection (1) shall\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Nomination of blocks as location","content":"36 Nomination of blocks as location\n(1) Where a petroleum pool is identified in a permit area, the permittee\nmay nominate the block in which the pool is situated, or the blocks\n(being blocks within the permit area) to which the pool extends, for\ndeclaration as a location.\n(2) Where 2 or more petroleum pools are identified in a permit area,\nthe permittee may, instead of making a nomination under\nsubsection (1) in relation to each pool, nominate all of the blocks to\nwhich the pools extend, or to which any 2 or more of the pools\nextend, for declaration as a single location.\n(3) A nomination may not be made under subsection (2) unless, in the\ncase of each of the pools to which the nomination relates, at least\none of the blocks to which the pool extends immediately adjoins a\nblock to which the other, or another, of those pools extends.\n(4) A nomination by a permittee shall be in writing and served on the\n(5) A nomination may not be made by a permittee unless the permittee\nor another person has, whether within or outside the permit area,\nrecovered petroleum from the petroleum pool to which the\nnomination relates or, if the nomination relates to more than one\npool, from each of those pools.\n(a) the Minister is of the opinion that a permittee is entitled to\nnominate a block or blocks under subsection (1) or (2); and\n(b) the permittee has not done so,\nthe Minister may require the permittee to exercise the permittee's\nright to nominate the block or blocks within 3 months after the date\nof the making of the requirement.\n(7) A requirement by the Minister under subsection (6) shall be by\nwritten notice served on the permittee.\n\nPetroleum (Submerged Lands) Act 1981 32\n(8) On written request by a permittee within the period fixed by\nsubsection (6), the Minister may extend the time for compliance\nwith a requirement under that subsection by not more than\n3 months.\n(9) If a permittee fails to comply with a requirement under\nsubsection (6), the Minister may, by written notice served on the\npermittee, nominate the block or blocks for declaration as a\nlocation.\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Declaration of location","content":"37 Declaration of location\n(a) a permittee has made a nomination under section 36; and\n(b) the Minister is of the opinion that the permittee is entitled\nunder that section to nominate the block or blocks specified in\nthe nomination,\nthe Minister shall, by notice in the Gazette, declare the block or\nblocks to which the nomination relates to be a location.\n(2) Where the Minister has made a nomination under subsection 36(9),\nthe Minister shall, by notice in the Gazette, declare the block or\nblocks to which the nomination relates to be a location.\n(3) The Minister may, at the request of the permittee, revoke a\ndeclaration.\n(4) The Minister may vary a declaration:\n(a) by adding to the location a block in the permit area to which, in\nthe opinion of the Minister, a petroleum pool within the location\nextends; or\n(b) deleting from the location a block to which, in the opinion of\nthe Minister, no petroleum pool within the location extends.\n(5) The Minister may not vary a declaration unless:\n(a) the Minister has caused to be served on the permittee notice\nin writing of the proposed variation, identifying the block to be\nadded to, or deleted from, the location;\n(b) the period of 30 days after the date of service of the notice has\nexpired; and\n(c) the Minister has considered any matters submitted to the\nMinister by the permittee in relation to the proposed variation.\n\nPetroleum (Submerged Lands) Act 1981 33\n(6) Subsection (5) does not apply where a variation is made at the\nrequest of the permittee.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Immediately adjoining blocks","content":"38 Immediately adjoining blocks\nFor the purposes of section 36, a block immediately adjoins another\nblock if the graticular section that constitutes or includes that block\nand the graticular section that constitutes or includes that other\nblock:\n(a) have a side in common; or\n(b) are joined together at one point only.\n","sortOrder":39},{"sectionNumber":"38A","sectionType":"section","heading":"Application by permittee for lease","content":"38A Application by permittee for lease\n(1) A permittee whose permit is in force in respect of a block that\nconstitutes, or the blocks that constitute, a location may, within the\napplication period, make an application to the Minister for the grant\nof a lease in respect of that block, or in respect of one or more of\nthose blocks, as the case may be.\n(2) An application under subsection (1):\nin respect of the area comprised in the blocks specified\nin the application; and\n(ii) the commercial viability of the recovery of petroleum\nfrom the area comprised in the blocks specified in the\napplication at the time of the application, and particulars\nof the possible future commercial viability of the recovery\nof petroleum from that area;\n(d) may set out any other matters that the applicant wishes to be\nconsidered; and\n\nPetroleum (Submerged Lands) Act 1981 34\n(3) The Minister may, at any time, by instrument in writing served on\nthe applicant, require the applicant to furnish, within the time\nspecified in the instrument, further information in writing in\nconnection with the application.\n(4) The application period in respect of an application under this\nsection by a permittee is:\n(a) the period of 2 years after the date on which the block that\nconstitutes the location concerned was, or the blocks that\nconstitute the location concerned were, declared to be a\nlocation; or\n(b) such other period, being not less than 2 years or more than\n4 years after that date, as the Minister, on application in\nwriting by the permittee, served on the Minister before the end\nof the first-mentioned period of 2 years, allows.\n","sortOrder":40},{"sectionNumber":"38B","sectionType":"section","heading":"Grant or refusal of lease in relation to application","content":"38B Grant or refusal of lease in relation to application\n(a) an application has been made under section 38A;\n(b) the applicant has furnished any further information as and\nwhen required by the Minister under section 38A(3); and\n(c) the Minister is satisfied that recovery of petroleum from the\narea comprised in the blocks specified in the application:\n(i) is not, at the time of the application, commercially viable;\nand\n(ii) is likely to become commercially viable within 15 years\nafter that time,\nthe Minister shall, by instrument in writing served on the applicant,\ninform him:\n(d) that he is prepared to grant to him a lease in respect of the\nblock or blocks specified in the application.\n(2) Where an application has been made under section 38A and:\n(a) the applicant has not furnished any further information as and\nwhen required by the Minister under section 38A(3); or\n(b) the Minister is not satisfied as to the matters referred to in\nsubsection (1)(c) in relation to the blocks specified in the\napplication,\n\nPetroleum (Submerged Lands) Act 1981 35\nthe Minister shall, by instrument in writing served on the applicant,\nrefuse to grant a lease to him.\n(3) An instrument under subsection (1) shall contain:\n(a) a summary of the conditions subject to which the lease is to\napplicant does not make a request under subsection (4) in\nrespect of the grant of the lease.\n(4) An applicant on whom there has been served an instrument under\nservice of the instrument, or within such further period, not\nexceeding one month, as the Minister, on application in writing\nserved on him before the end of the first-mentioned period of\none month, allows, by instrument in writing served on the Minister\nrequest the Minister to grant the lease to the applicant.\n(5) Where an applicant on whom there has been served an instrument\nunder subsection (1) has made a request under subsection (4)\nwithin the period applicable under subsection (4), the Minister shall\ngrant to him a retention lease in respect of the block or blocks\nspecified in the instrument.\n(6) Where an applicant on whom there has been served an instrument\nunder subsection (1) has not made a request under subsection (4)\nwithin the period applicable under subsection (4), the application\n(7) On the day on which a lease granted under this section in respect\nof a block or blocks comes into force, the permit in respect of the\nblock or blocks ceases to be in force in respect of those blocks.\n38BA Application of sections 38A and 38B where permit transferred\n(a) after an application has been made under section 38A(1) in\nrelation to a block or blocks in respect of which a permit is in\nforce; and\n(b) before a decision has been made by the Minister under\nsection 38B(1) or (2) in relation to the application,\na transfer of the permit is registered under section 78, sections 38A\nand 38B have effect, after the time of the transfer, as if a reference\nin those sections to the applicant were a reference to the\ntransferee.\n\nPetroleum (Submerged Lands) Act 1981 36\n","sortOrder":41},{"sectionNumber":"38C","sectionType":"section","heading":"Rights conferred by lease","content":"38C Rights conferred by lease\nA lease, while it remains in force, authorizes the lessee, subject to\nthis Act and the Regulations and in accordance with the conditions\nto which the lease is subject, to explore for petroleum, and to carry\non such operations and execute such works as are necessary for\nthat purpose, in the lease area.\n","sortOrder":42},{"sectionNumber":"38D","sectionType":"section","heading":"Term of lease","content":"38D Term of lease\nSubject to this Part, a lease (whether granted by way of renewal of\na lease or otherwise) remains in force for a period of 5 years\ncommencing on the day on which it was granted or, if a later day is\nspecified in the lease as being the day on which the lease is to\ncome into force, on that later day.\n","sortOrder":43},{"sectionNumber":"38E","sectionType":"section","heading":"Notice of intention to cancel lease","content":"38E Notice of intention to cancel lease\n(a) a lessee has been given a notice of the kind referred to in\nsection 38H(3)(b) during the term of the lease and has carried\nout, and has informed the Minister of the results of, the\nre-evaluation required by the notice;\n(b) the lessee has not made an application for the renewal of the\nlease; and\n(c) after consideration of the results of the re-evaluation referred\nto in paragraph (a) and such other matters as the Minister\nthinks fit, the Minister is of the opinion that recovery of\npetroleum from the lease area is commercially viable,\nthe Minister may serve on the lessee and on such other persons as\nhe thinks appropriate an instrument in writing:\n(d) informing the lessee or the other person that the Minister has\nformed that opinion and that he intends to cancel the lease;\nand\n(e) stating that the lessee or the other person may serve an\ninstrument in writing on the Minister within the period specified\nin the first-mentioned instrument, not being a period ending\nearlier than one month after the date of service of the first-\nmentioned instrument, setting out any matters that the lessee\nor the other person, as the case may be, wishes to be\nconsidered.\n\nPetroleum (Submerged Lands) Act 1981 37\n(a) an instrument under subsection (1) is served on a lessee; and\n(b) he does not, within the period referred to in subsection (1)(e),\nserve on the Minister an instrument setting out matters that he\nwishes to be considered, or the Minister after consideration of\nmatters set out in such an instrument served on the Minister\nby the lessee within that period, determines that the lease\nshould be cancelled,\nthe Minister shall, by instrument in writing served on the lessee,\ncancel the lease.\n(3) The cancellation of a lease under subsection (2) has effect:\n(a) in a case to which paragraph (b) does not apply – at the end\nof the period of 12 months commencing on the date of service\nof the instrument of cancellation; or\n(b) in a case where the lessee makes an application for a licence\nin respect of one or more of the blocks comprised in the lease\nwithin the period referred to in paragraph (a) – when the\nMinister grants, or refuses to grant, the licence or when the\napplication lapses, whichever first occurs.\n(4) Where a lease is cancelled under subsection (2), the lease shall be\ndeemed to continue in force in all respects until the cancellation has\neffect in accordance with subsection (3).\n","sortOrder":44},{"sectionNumber":"38F","sectionType":"section","heading":"Application for renewal of lease","content":"38F Application for renewal of lease\n(1) A lessee may, from time to time, make an application to the Minister\nfor the renewal of a lease.\n(2) An application for the renewal of a lease:\nmanner not less than 6 months or more than 12 months\nbefore the day on which the lease ceases to be in force;\nin respect of the lease area; and\n\nPetroleum (Submerged Lands) Act 1981 38\n(ii) particulars of the commercial viability of recovery of\npetroleum from the lease at the time of the application\nand particulars of the possible future commercial viability\nof recovery of petroleum from the lease area; and\n(3) The Minister may, for reasons that he thinks sufficient, receive an\napplication for the renewal of a lease less than 6 months before, but\nnot in any case after, the day on which the lease ceases to be in\nforce.\n(4) Where an application has been made for the renewal of a lease, the\nMinister may, at any time, by instrument in writing served on the\nlessee, require the lessee to furnish, within the time specified in the\ninstrument, further information in writing in connection with the\n","sortOrder":45},{"sectionNumber":"38G","sectionType":"section","heading":"Grant or refusal of renewal of lease","content":"38G Grant or refusal of renewal of lease\n(a) an application for the renewal of a lease has been made under\nsection 38F;\n(b) any further information required by the Minister under\nsection 38F(4) has been furnished in accordance with that\nsection; and\n(c) the Minister is satisfied that recovery of petroleum from the\nlease area:\n(i) is not, at the time of the application, commercially viable;\nand\n(ii) is likely to become commercially viable within 15 years\nafter that time,\nthe Minister:\n(d) shall, if the conditions to which the lease is, or has from time\n(e) may, if:\n(i) any of the conditions to which the lease is, or has from\nPart and the Regulations have not been complied with;\nand\n\nPetroleum (Submerged Lands) Act 1981 39\ncircumstances exist that justify the granting of the\nrenewal of the lease,\nlessee, inform the person that he is prepared to grant to the person\nthe renewal of the lease.\n(2) Subject to subsection (3), where an application for the renewal of a\nlease has been made under section 38F and:\n(a) any further information required by the Minister under\nsection 38F(4) has not been furnished in accordance with that\nsection;\n(b) the Minister is not satisfied as to the matters referred to in\nsubsection (1)(c); or\n(c) any of the conditions to which the lease is, or has from time to\nRegulations have not been complied with and the Minister is\nnot satisfied that special circumstances exist that justify the\ngranting of the renewal of the lease,\nthe Minister shall, by instrument in writing served on the person\nwho is then the lessee, refuse to grant the renewal of the lease.\n(3) The Minister shall not refuse to grant the renewal of a lease unless:\n(a) he has, by instrument in writing served on the lessee, given\nnot less than one month's notice of his intention to refuse to\ngrant the renewal of the lease;\n(b) he has served a copy of the instrument on such other persons,\nif any, as he thinks fit;\n(c) he has, in the instrument:\n(ii) specified a date on or before which the lessee or a\nperson on whom a copy of the instrument is served may,\nby instrument in writing served on the Minister, submit\nany matters that the lessee wishes to be considered;\nand\n(d) he has taken into account any matters so submitted on or\nbefore the specified date by the lessee or by a person on\nwhom a copy of the first-mentioned instrument has been\nserved.\n\nPetroleum (Submerged Lands) Act 1981 40\n(4) An instrument referred to in subsection (1) shall contain:\n(a) a summary of the conditions to which the lease, on the grant\nlessee does not make a request under subsection (6).\n(5) An instrument under subsection (2) shall, where the Minister\nrefuses to grant the renewal of a lease by reason only that he is not\nsatisfied as to the matter referred to in subsection (1)(c)(i), contain\na statement to the effect that the lessee may, within the period of\n12 months after the date of service of the instrument, make an\napplication for a licence in respect of one or more of the blocks\ncomprised in the lease.\n(6) A lessee on whom there has been served an instrument under\nsubsection (1) may, within the period of one month after the date of\nservice of the instrument on him, by instrument in writing served on\nthe Minister, request the Minister to grant the renewal of the lease\nto the lessee.\n(7) Where a lessee on whom there has been served an instrument\nunder subsection (1) has made a request under subsection (6)\nwithin the period referred to in subsection (6), the Minister shall\ngrant to the lessee the renewal of the lease.\n(8) Where a lessee on whom there has been served an instrument\nunder subsection (1) has not made a request under subsection (6)\nwithin the period referred to in subsection (6), the application lapses\n(9) Where:\n(a) an application for the renewal of a lease has been made; and\n(b) the lease expires:\nrenewal of the lease; or\nsubsection (8),\nthe lease shall be deemed to continue in force in all respects:\nlease; or\n\nPetroleum (Submerged Lands) Act 1981 41\nwhichever first occurs.\n(10) Where the Minister refuses to grant the renewal of a lease by\nreason only that the Minister is not satisfied as to the matter\nreferred to in subsection (1)(c)(i), the lease shall be deemed to\ncontinue in force in all respects:\n(a) in a case to which paragraph (b) does not apply – until\n12 months after the date of service of the instrument under\nsubsection (2); or\n(b) in a case where the lessee makes an application for a licence\nin respect of one or more of the blocks comprised in the lease\nwithin the period of 12 months after the date referred to in\nparagraph (a) – until it grants, or refuses to grant, the licence\nor until the application lapses, whichever first occurs.\n","sortOrder":46},{"sectionNumber":"38H","sectionType":"section","heading":"Conditions of lease","content":"38H Conditions of lease\n(1) A lease may be granted subject to such conditions as the Minister\nthinks fit and are specified in the lease.\n(2) The conditions referred to in subsection (1) may include conditions\nwith respect to work to be carried out by the lessee in or in relation\nto the lease area during the term of the lease, or amounts to be\nexpended by him in the carrying out of such work, or conditions with\nrespect to both of those matters, including conditions requiring him\nto comply with directions given in accordance with the lease\nconcerning those matters.\n(3) A lease shall be deemed to contain a condition that the lessee:\n(a) will comply with the provisions of this Act relating to the\npayment of royalty as in force from time to time; and\n(b) will, within the period of 3 months after the receipt of a written\nnotice from the Minister requesting him to do so or within such\nfurther period as the Minister, on application in writing served\non the Minister before the end of the first-mentioned period,\nallows, re-evaluate the commercial viability of petroleum\nproduction in the lease area (otherwise than by the drilling of\nwells) and inform the Minister in writing of the results of the\nre-evaluation.\n(4) Where a lessee has complied with 2 notices of the kind referred to\nin subsection (3)(b) during the term of the lease, the Minister shall\nnot give to the lessee a further notice of that kind until such time, if\never, as that term is extended.\n\nPetroleum (Submerged Lands) Act 1981 42\n","sortOrder":47},{"sectionNumber":"38J","sectionType":"section","heading":"Discovery of petroleum to be notified","content":"38J Discovery of petroleum to be notified\n(1) Where petroleum is discovered in a lease area, the lessee:\n(a) shall inform the Minister of the discovery forthwith; and\n(b) shall, within a period of 3 days after the date of the discovery,\nfurnish to the Minister particulars in writing of the discovery.\n(2) Where petroleum is discovered in a lease area, the Minister may,\nfrom time to time, by instrument in writing served on the lessee,\ndirect the lessee to furnish to the Minister, within the period\nspecified in the instrument, particulars in writing of any one or more\nof the following:\n(a) the chemical composition and physical properties of the\n(b) the nature of the subsoil in which the petroleum occurs; and\n(c) any other matters relating to the discovery that are specified\nby the Minister in the instrument.\n","sortOrder":48},{"sectionNumber":"38K","sectionType":"section","heading":"Directions by designated authority on discovery of petroleum","content":"38K Directions by designated authority on discovery of petroleum\n(1) Where petroleum is discovered in a lease area, the Minister may,\nby instrument in writing served on the lessee, direct the lessee to\ndo, within the period specified in the instrument, such things as the\nMinister thinks necessary and specifies in the instrument to\ndetermine the chemical composition and physical properties of that\npetroleum and to determine the quantity of petroleum in the\npetroleum pool to which the discovery relates or, if part only of that\npetroleum pool is within the lease area, in such part of that\npetroleum pool as is within the lease area.\n\nPetroleum (Submerged Lands) Act 1981 43\n","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Recovery of petroleum in adjacent area","content":"39 Recovery of petroleum in adjacent area\nA person shall not carry on operations for the recovery of petroleum\nin an adjacent area except:\n(a) under and in accordance with a licence; or\n(b) as otherwise permitted by this Part.\n","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Application by permittee for licence","content":"40 Application by permittee for licence\n(1) A permittee whose permit is in force in respect of a block that\nconstitutes, or the blocks that constitute, a location may, within the\napplication period, make an application to the Minister for the grant\nof a licence:\n(a) where 9 or more blocks constitute the location concerned – in\nrespect of 5 of those blocks;\n(b) where 8 or 7 blocks constitute the location concerned – in\nrespect of 4 of those blocks;\n(c) where 6 or 5 blocks constitute the location concerned – in\nrespect of 3 of those blocks;\n(d) where 4 or 3 blocks constitute the location concerned – in\nrespect of 2 of those blocks;\n(e) where 2 blocks constitute the location concerned – in respect\nof one of those blocks; or\n\nPetroleum (Submerged Lands) Act 1981 44\n(f) where one block constitutes the location concerned – in\nrespect of that block.\n(2) A permittee whose permit is in force in respect of blocks that\nconstitute a location:\n(a) instead of making an application under subsection (1) in\nrespect of his primary entitlement may, within the application\nperiod, make an application to the Minister for the grant of a\nlicence in respect of a number of those blocks that is less than\nhis primary entitlement; and\n(b) being the holder of a licence referred to in paragraph (a), may,\nfrom time to time within that period, make an application to the\nMinister for a variation of that licence to include in the licence\narea a number of those blocks that does not exceed the\nnumber, if any, by which his primary entitlement exceeds the\nnumber of blocks in respect of which that licence was granted\nand the number of blocks, if any, included in that licence by\nreason of any previous variation of that licence.\n(a) a permittee makes an application under subsection (1) in\nrespect of his primary entitlement; or\n(b) a permittee who is the holder of a licence in respect of a\nnumber of blocks that is less than his primary entitlement\nmakes an application under subsection (2) for a variation of\nthat licence, and the number of blocks in respect of which the\nlicence was granted, together with the number of blocks\nincluded, and sought to be included, in the licence area by\nreason of applications under that subsection, is his primary\nentitlement,\nthe permittee may, within the application period, make an\napplication to the Minister for the grant of a licence in respect of any\nof the other blocks forming part of the location concerned.\n(4) Subject to subsection (5), the application period in respect of an\napplication under this section by a permittee is:\n(a) the period of 2 years after the date on which the block that\nconstitutes the location concerned was, or the blocks that\nconstitute the location concerned were, declared to be a\nlocation; or\n\nPetroleum (Submerged Lands) Act 1981 45\n(b) such other period, being not less than 2 years or more than\n4 years after that date, as the Minister, on application by the\npermittee in writing served on the Minister before the\nexpiration of the first-mentioned period of 2 years, allows.\n(a) a permittee applies for the grant by the Joint Authority of a\nlicence in respect of a block or blocks in respect of which the\npermittee has applied for a lease under section 38A; and\n(b) an instrument refusing to grant the lease is served on the\npermittee pursuant to section 38B(2),\nthe application period shall be:\n(c) the period that is applicable under subsection (4); or\n(d) the period of 12 months after the day of service of the\ninstrument,\nwhichever period last expires.\n","sortOrder":51},{"sectionNumber":"40A","sectionType":"section","heading":"Application for licence by holder of lease","content":"40A Application for licence by holder of lease\n(1) A lessee whose lease is in force may make an application to the\nMinister for the grant of a licence where the lease is:\n(a) in respect of 9 blocks – in respect of 5 of those blocks;\n(b) in respect of 8 or 7 blocks – in respect of 4 of those blocks;\n(c) in respect of 6 or 5 blocks – in respect of 3 of those blocks;\n(d) in respect of 4 or 3 blocks – in respect of 2 of those blocks;\n(e) in respect of 2 blocks – in respect of one of those blocks; or\n(f) in respect of one block – in respect of that block.\n(2) At any time while a lease is in force, the lessee may, instead of\nmaking an application under subsection (1) in respect of his primary\nentitlement, make an application to the Minister for the grant of a\nlicence in respect of a number of blocks that is less than his primary\nentitlement.\n(3) Where an application has been made under subsection (1) in\nrespect of his primary entitlement, the person who is then the\nlessee may, at any time while the lease concerned is in force, make\nan application to the Minister for the grant of a licence in respect of\nany of the other blocks forming part of the lease.\n\nPetroleum (Submerged Lands) Act 1981 46\n","sortOrder":52},{"sectionNumber":"41","sectionType":"section","heading":"Application for licence","content":"41 Application for licence\n(1) An application made under section 40 or 40A:\n(c) shall be accompanied by particulars of the proposals of the\napplicant for work and expenditure in respect of the area\ncomprised in the blocks specified in the application;\n(d) may set out any other matters that the applicant wishes the\n(e) shall, in the case of an application for the grant of a licence, be\naccompanied by the prescribed fee.\n(2) The Minister may, at any time, by notice in writing served on the\napplicant, require him to furnish, within the period specified in the\nnotice, further information in writing in connection with the\n","sortOrder":53},{"sectionNumber":"42","sectionType":"section","heading":"Determination of rate of royalty","content":"42 Determination of rate of royalty\n(1) Where an application for a primary licence has been made and,\nbefore or after the grant of the primary licence, the applicant makes\nan application for a secondary licence, the Minister shall determine\na rate at which royalty is to be payable in respect of petroleum\nrecovered, whether under the primary licence or under the\nsecondary licence, being a rate that is not less than 11% or more\nthan 12½% of the value of that petroleum at the well-head.\n(2) The Minister shall not, under subsection (1), determine the rate at\nwhich royalty is to be payable unless he has given to the applicant\nan opportunity to confer with him concerning that rate.\n","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Notification as to grant of licence","content":"43 Notification as to grant of licence\n(1) Where an application for the grant of a licence has been made\nunder section 40 or 40A and the applicant has furnished further\ninformation as and when required by the Minister under\nsection 41(2), the Minister, by notice in writing served on the\napplicant, shall inform the applicant that he is prepared to grant to\nthe applicant a licence in respect of the blocks specified in the\n\nPetroleum (Submerged Lands) Act 1981 47\n(2) A notice served under subsection (1) shall:\n(a) contain a summary of the conditions subject to which the\nlicence is to be granted;\n(b) if the notice relates to an application for a secondary licence –\nspecify the rate of royalty determined by the Minister in\npursuance of section 42(1); and\n(c) contain a statement to the effect that the application will lapse\nif the applicant does not make a request under section 44(1) in\nrespect of the grant of the licence.\n","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Grant of licence","content":"44 Grant of licence\n(1) An applicant who has been served with a notice under section 43(1)\nmay, within a period of 3 months after the date of service of the\nnotice on him, or within such further period not exceeding 3 months,\nas the Minister, on application in writing served on him before the\nexpiration of the first-mentioned period of 3 months, allows, by\nnotice in writing served on the Minister, request the Minister to grant\nto the applicant the licence referred to in the first-mentioned\ninstrument.\n(2) Where an applicant who has been served with a notice under\nsection 43(1) has made a request under subsection (1) within the\nperiod applicable under that subsection, the Minister shall grant to\nthe applicant a licence in respect of the blocks specified in the\n(3) A secondary licence shall not be granted to a permittee or lessee in\nrespect of any one or more of the blocks that constitute a location\n(a) a primary licence has been granted in respect of a block or\nblocks forming part of that location; and\n(b) the number of blocks in respect of which the primary licence\nwas granted, together with the number of blocks included in\nthat licence by reason of variations of the licence under\nsection 45, is the permittee's or lessee's primary entitlement.\n(4) Where an applicant who has been served with a notice under\nsection 43(1) has not made a request under subsection (1) within\nthe period applicable under that subsection, the application lapses\n\nPetroleum (Submerged Lands) Act 1981 48\n(5) On the day on which a licence granted under this section comes\ninto force, the permit or lease in respect of the blocks in respect of\nwhich the licence was granted ceases to be in force in respect of\nthose blocks.\n","sortOrder":56},{"sectionNumber":"44A","sectionType":"section","heading":"Application of sections 41 to 44 where permit, &c., transferred","content":"44A Application of sections 41 to 44 where permit, &c., transferred\n(a) after an application has been made:\n(i) under section 40 for the grant of a licence in respect of a\nblock in respect of which a permit is in force; or\n(ii) under section 40A for the grant of a licence in respect of\na block in respect of which a lease is in force; and\n(b) before a decision has been made by the Minister under\nsection 43(1) in relation to the application,\na transfer of the permit or lease (as the case may be) is registered\nunder section 78, then, after the time of the transfer, sections 41\nto 44 (inclusive) have effect in relation to the application as if a\nreference in those sections to the applicant were a reference to the\ntransferee.\n","sortOrder":57},{"sectionNumber":"45","sectionType":"section","heading":"Variation of licence area","content":"45 Variation of licence area\n(1) Where an application is made under section 40(2) for a variation of\na licence, the Minister shall, by notice in writing served on the\nlicensee, vary the licence to include in the licence area the blocks\nspecified in the application.\n(2) On and from the day on and from which a variation of a licence\nunder this section has effect:\n(a) the blocks included in the licence area by reason of the\nvariation are, subject to this Part, for the remainder of the term\nof the licence, blocks in respect of which the licence is in\nforce; and\n(b) the permit that is in force in respect of the blocks so included\nceases to be in force in respect of those blocks.\n\nPetroleum (Submerged Lands) Act 1981 49\n","sortOrder":58},{"sectionNumber":"46","sectionType":"section","heading":"Determination of permit or lease as to block not taken up","content":"46 Determination of permit or lease as to block not taken up\n(1) Subject to subsection (2), where:\n(a) a permittee who may make an application under section 40 in\nrespect of a block does not, within the application period,\nmake the application; or\n(b) all applications made by a permittee under that section in\nrespect of a block have lapsed,\nthe permit is determined as to that block and the determination has\neffect:\n(c) in a case referred to in paragraph (a) – upon the expiration of\nthe application period; and\n(d) in a case referred to in paragraph (b):\n(i) upon the expiration of the application period; or\n(ii) upon the lapsing of the last of the applications referred to\nin that paragraph,\nwhichever is the later.\n(1A) Subject to subsection (2), where all applications made by a lessee\nunder section 40A in respect of a block have lapsed, the lease is\ndetermined as to that block and the determination has effect on the\nlapsing of the last of those applications.\n(2) Where a permittee or lessee makes an application for a secondary\nlicence:\n(a) the permit or lease is determined as to any blocks forming part\nof the location concerned that are not the subject of that\napplication or of any application for a primary licence or for the\nvariation of such a licence; and\n(b) the determination has effect upon the making of the\n(3) Subject to subsection (4), where a block or blocks constituting or\nforming part of a location is or are no longer the subject of a permit\nor lease, the Minister shall, by instrument in the Gazette:\n(a) in a case where that block or those blocks constitutes or\nconstitute that location – revoke the declaration made under\nsection 37 in respect of that location; or\n\nPetroleum (Submerged Lands) Act 1981 50\n(b) in a case where that block or those blocks forms or form part\nof that location – revoke the declaration made under\nsection 37 in respect of that location to the extent that it\nrelates to that block or those blocks.\n(4) Subsection (3) does not apply in relation to a block:\n(a) in respect of which an application for the grant of a lease or\nlicence has been made, being an application that has not\nlapsed and in relation to which a decision has not been made\nby the Minister; or\n(b) in respect of which a lease or licence is in force.\n(5) Where a lease is granted in respect of a block or blocks forming\npart of a location, the Minister shall, by notice in the Gazette,\nrevoke the declaration made under section 37 to the extent that it\nrelates to the block that is or blocks that are not within the lease\narea.\n(a) the Minister refuses to grant a lease in respect of a block or\nblocks constituting or forming part of a location; and\n(b) the reason, or one of the reasons, for the refusal is that the\nMinister is not satisfied as to the matter referred to in\nsection 38B(1)(c)(ii),\nthe Minister shall, by notice in the Gazette, revoke the declaration\nmade under section 37 in respect of that location.\n","sortOrder":59},{"sectionNumber":"47","sectionType":"section","heading":"Application for licence in respect of surrendered blocks, &c.","content":"47 Application for licence in respect of surrendered blocks, &c.\n(a) a licence is surrendered or cancelled as to a block; or\n(b) a permit or lease is surrendered, cancelled or determined as\nto a block:\n(i) that, at the time of the surrender, cancellation or\ndetermination was, or was included in, a location; and\n(ii) in which, in the opinion of the Minister, there is\npetroleum,\n\nPetroleum (Submerged Lands) Act 1981 51\nthe Minister may, at any subsequent time, by notice in the Gazette:\n(c) invite applications for the grant of a licence in respect of that\nblock; and\n(d) specify a period within which applications may be made.\n(2) The Minister shall, in a notice under subsection (1), state:\n(a) that an applicant is required to specify an amount that he\nwould be prepared to pay in respect of the grant of a licence to\nhim on his application; or\n(b) that an applicant is required to specify a rate of royalty that he\nwould be prepared to pay, if the licence were granted to him\non his application, in respect of petroleum recovered under the\nlicence, being a rate that exceeds 10% of the value of that\npetroleum at the well-head.\n(3) Where the Minister, in a notice under subsection (1), states that an\napplicant is required to specify a rate of royalty as mentioned in\nsubsection (2)(b), the Minister may, in that notice, state than an\napplicant on whose application he is prepared to grant a licence will\nalso be required to pay to him, in respect of the grant of the licence,\nthe amount specified in that behalf in that notice.\n(6) An application made under this section:\n(c) shall be accompanied by the particulars referred to in\nsection 41(1)(c);\n(d) in the case of an application under subsection (1), shall\nspecify, in accordance with the requirement in the notice by\nwhich applications were invited, the amount or the rate of\nroyalty, that the applicant would be prepared to pay; and\n(f) may set out any other matters that the applicant wishes the\n(7) The Minister may, at any time, by notice in writing served on the\napplicant, require him to furnish, within the period specified in the\nnotice, further information in connection with his application.\n\nPetroleum (Submerged Lands) Act 1981 52\n","sortOrder":60},{"sectionNumber":"48","sectionType":"section","heading":"Application fee, &c.","content":"48 Application fee, &c.\n(1) An application made under section 47 shall be accompanied by:\n(a) the prescribed fee; and\n(b) a deposit:\n(i) if the applicant has specified an amount that he would be\nprepared to pay in respect of the grant of a licence to\nhim on the application – of 10% of that amount; or\n(ii) if the Minister has, in the notice by which the applications\nwere invited, stated an amount that the applicant will be\nrequired to pay in respect of the grant of a licence – of\n10% of that amount.\n(2) Where a licence is not granted on the application, the amount of the\ndeposit shall, subject to subsection (3), be refunded to the\n(3) Where an applicant who has been served with a notice under\nsection 49(1) does not request the Minister, under section 49(6), to\ngrant to him the licence referred to in the notice, the deposit shall\nnot, unless the Minister otherwise determines, be refunded to the\n","sortOrder":61},{"sectionNumber":"49","sectionType":"section","heading":"Request by applicant for grant of licence","content":"49 Request by applicant for grant of licence\n(1) Where, at the expiration of the period specified in a notice under\nsection 47(1), only one application has been made under that\nsubsection in respect of the block specified in the notice, the\nMinister may reject or grant the application.\n(2) Where, at the expiration of the period specified in a notice under\nsection 47(1), 2 or more applications have been made under that\nsubsection in respect of the block specified in the notice, the\nMinister may reject any or all of the applications and, if he does not\nreject all of the applications, may:\n(a) if only one application remains unrejected – by notice in\nwriting served on the applicant; or\n(b) if 2 or more applications remain unrejected – by notice in\nwriting served on the applicant, or on one of the applicants,\nwhose application has not been rejected and who has\nspecified in his application an amount, or a rate of royalty, that\nhe would be prepared to pay that is not less than the amount,\nor the rate of royalty, specified in the application of any other\napplicant whose application has not been rejected,\n\nPetroleum (Submerged Lands) Act 1981 53\ninform the applicant:\n(c) that he is prepared to grant to him a licence; and\n(d) that the applicant will be required to pay:\n(i) the amount specified in the application;\n(ii) royalty at the rate specified in the application; or\n(iii) royalty at the rate specified in the application and the\namount specified in the notice under section 47(1),\nas the case may be.\n(5) A notice under any of the preceding provisions of this section shall\ncontain:\n(a) a summary of the conditions subject to which the licence is to\nbe granted;\n(b) a statement of the balance of the amount, if any, that the\napplicant will be required to pay in respect of the grant of the\nlicence to him; and\n(c) a statement to the effect that the application will lapse:\n(i) if the applicant does not make a request under\nsubsection (6); or\n(ii) in a case where the notice contains a statement referred\nto in paragraph (b) – if the applicant does not pay the\nbalance of the amount referred to in that statement or\nenter into an agreement under section 109 in respect of\nthat balance.\n(6) An applicant who has been served with a notice under any of the\npreceding provisions of this section may, within a period of 3\nmonths after the date of service of the notice on him, or within such\nfurther period, not exceeding 3 months, as the Minister, on\napplication in writing served on him before the expiration of the first-\nmentioned period of 3 months, allows:\n(a) by notice in writing served on the Minister, request the Minister\nto grant to him the licence; and\n\nPetroleum (Submerged Lands) Act 1981 54\n(b) if the first-mentioned notice contains a statement of the\nbalance of an amount that the applicant will be required to pay\nin respect of the grant of the licence to him – pay that balance\nor enter into an agreement under section 109 in respect of that\nbalance.\n(7) Where an applicant who has been served with a notice under\nsubsection (1) or (2):\n(a) has not made a request under subsection (6); or\n(b) if the notice contains a statement of the balance of an amount\nthat the applicant will be required to pay in respect of the grant\nof a licence to him – has not paid that balance or entered into\nan agreement under section 109 in respect of that balance,\nwithin the period applicable under subsection (6), the application\n(8) Where the application lapses, as provided by subsection (7), of an\napplicant who has been served with a notice under subsection (2),\nsubsection (2) applies in respect of the application or applications, if\nany, then remaining unrejected.\n","sortOrder":62},{"sectionNumber":"50","sectionType":"section","heading":"Grant of licence on request","content":"50 Grant of licence on request\nWhere an applicant who has been served with a notice under\nsection 49:\n(a) has made a request under section 49(6); and\n(b) if the notice contains a statement of the balance of an amount\nthat the applicant will be required to pay in respect of the grant\nof a licence to him – has paid that balance or entered into an\nagreement under section 109 in respect of that balance,\nwithin the period applicable under section 49(6), the Minister shall\ngrant to him a licence in respect of the block specified in the notice.\n","sortOrder":63},{"sectionNumber":"51","sectionType":"section","heading":"Grant of licences in respect of individual blocks","content":"51 Grant of licences in respect of individual blocks\n(1) Where a licence (in this section called the original licence) is in\nforce in respect of 2 or more blocks (not being blocks that form, or\nform part of, a location), the licensee may make an application to\nthe Minister for the grant to him of 2 or more licences in respect of\nthe blocks the subject of the original licence in exchange for the\noriginal licence.\n\nPetroleum (Submerged Lands) Act 1981 55\n(2) An application under subsection (1):\n(c) shall specify the number of licences required;\n(d) shall specify the block or blocks the subject of the original\nlicence in respect of which each licence is sought; and\n(4) Where a licensee has made an application under this section, the\nMinister shall grant to the licensee licences in accordance with the\n(5) A licence granted on an application under this section:\n(a) remains in force, subject to this Part, but notwithstanding\nsection 53, for the remainder of the term of the original\nlicence; and\n(b) shall be granted subject to conditions corresponding as nearly\nas may be to the conditions to which the original licence was\nsubject.\n(6) Where licences are granted on an application under this section the\noriginal licence is determined and the determination has effect on\nand from the day on which those licences come into force.\n","sortOrder":64},{"sectionNumber":"52","sectionType":"section","heading":"Rights conferred by licence","content":"52 Rights conferred by licence\nA licence, while it remains in force, authorizes the licensee, subject\nto this Act and the Regulations and in accordance with the\nconditions to which the licence is subject:\n(a) to recover petroleum in the licence area and to recover\npetroleum from the licence area in another area to which he\nhas lawful access for that purpose;\n(b) to explore for petroleum in the licence area; and\n(c) to carry on such operations and execute such works in the\nlicence area as are necessary for those purposes.\n\nPetroleum (Submerged Lands) Act 1981 56\n","sortOrder":65},{"sectionNumber":"53","sectionType":"section","heading":"Term of licence","content":"53 Term of licence\nSubject to this Part, a licence remains in force:\n(a) in the case of a licence granted otherwise than by way of\nrenewal of a licence – for a period of 21 years commencing on\nthe day on which the licence is granted or, if a later day is\nspecified in the licence as being the day on which the licence\nis to come into force, on that later day;\n(b) in the case of a licence granted by way of the first renewal of a\nlicence – for a period of 21 years commencing on the day on\nwhich the licence is granted or, if a later day is specified in the\nlicence as being the day on which the licence is to come into\nforce, on that later day; and\n(c) in the case of a licence granted by way of a renewal, other\nthan the first renewal, of a licence – for such period,\ncommencing on the day on which the licence is granted or, if a\nlater day is specified in the licence as being the day on which\nthe licence is to come into force, on that later day, as the\nMinister determines and specifies in the licence, being a\nperiod not exceeding 21 years.\n","sortOrder":66},{"sectionNumber":"54","sectionType":"section","heading":"Application for renewal of licence","content":"54 Application for renewal of licence\n(1) A licensee may, from time to time, make an application to the\nMinister for the renewal of a licence.\n(2) An application for the renewal of a licence:\nmanner not less than 6 months before the day on which the\nlicence ceases to be in force;\n(c) shall be accompanied by particulars of the proposals of the\nlicensee for work and expenditure in respect of the licence\narea; and\n(3) The Minister may receive an application for the renewal of a licence\nless than 6 months before, but not in any case after, the day on\nwhich the licence ceases to be in force.\n\nPetroleum (Submerged Lands) Act 1981 57\n","sortOrder":67},{"sectionNumber":"55","sectionType":"section","heading":"Grant or refusal of licence","content":"55 Grant or refusal of licence\n(a) an application for the renewal of a licence has been made\nunder section 54; and\n(b) the conditions to which the licence is, or has from time to time\nbeen, subject and the provisions of this Part and the\nRegulations have been complied with,\nthe Minister:\n(c) shall, if the application is in respect of the first renewal of the\nlicence; or\n(d) may, if the application is in respect of a renewal other than the\nfirst renewal of the licence,\nlicensee, inform the person that he is prepared to grant to the\nperson the renewal of the licence.\n(a) an application for the renewal of a licence has been made\nunder section 54; and\n(b) any of the conditions to which the licence is, or has from time\nto time been, subject or any of the provisions of this Part or\nthe Regulations have not been complied with, but the Minister\nis, nevertheless, satisfied that special circumstances exist that\njustify the granting of the renewal of the licence,\nthe Minister may, by instrument in writing served on the person who\nis then the licensee, inform the person that he is prepared to grant\nto the person the renewal of the licence .\n(3) If any of the conditions to which the licence is, or has from time to\nRegulations have not been complied with, and if the Minister is not\nsatisfied that special circumstances exist that justify the granting of\nthe renewal of the licence, the Minister shall, subject to\nsubsection (4), by notice in writing served on the person who is\nthen the licensee, refuse to grant the renewal of the licence.\n\nPetroleum (Submerged Lands) Act 1981 58\n(4) The Minister shall not, under subsection (3), refuse to grant the\nrenewal of a licence unless:\n(a) he has, by notice in writing served on the licensee, given not\nless than one month's notice of his intention to refuse to grant\nthe renewal of the licence;\n(ii) specified a date on or before which the licensee or a\n(d) he has taken into account any matters so submitted to him on\nor before the specified date by the licensee or by a person on\nwhom a copy of the first-mentioned notice has been served.\n(5) Where an application has been made under section 54 in respect of\na renewal other than the first renewal of a licence, the Minister may,\nby notice in writing served on the person who is then the licensee,\nrefuse to grant the renewal of the licence.\n(7) A notice under subsection (1) or (2) shall contain:\n(a) a summary of the conditions to which the licence, on the grant\napplicant does not make a request under subsection (8).\n(8) A licensee who has been served with a notice under subsection (1)\nor (2) may, within a period of one month after the date of service of\nthe notice on him, by notice in writing served on the Minister,\nrequest the Minister to grant the renewal of the licence to the\nlicensee.\n(9) Where a licensee who has been served with a notice under\nsubsection (1) or (2) has made a request under subsection (8)\nwithin the period referred to in subsection (8), the Minister shall\ngrant to him the renewal of the licence.\n\nPetroleum (Submerged Lands) Act 1981 59\n(10) Where a licensee who has been served with a notice under\nsubsection (1) or (2) has not made a request under subsection (8)\nwithin the period referred to in subsection (8), the application lapses\n(11) Where:\n(a) an application for the renewal of a licence is made under\nsection 54; and\n(b) a licence expires:\nrenewal of the licence; or\nsubsection (10),\nthe licence shall be deemed to continue in force in all respects:\nlicence; or\nwhichever first happens.\n","sortOrder":68},{"sectionNumber":"56","sectionType":"section","heading":"Conditions of licence","content":"56 Conditions of licence\n(1) A licence may be granted subject to such conditions as the Minister\nthinks fit and specifies in the licence.\n(2) A licence shall be deemed to contain a condition that the licensee\nwill comply with the provisions of this Act relating to the payment of\nroyalty as in force from time to time.\n","sortOrder":69},{"sectionNumber":"58","sectionType":"section","heading":"Directions as to recovery of petroleum","content":"58 Directions as to recovery of petroleum\n(1) Where petroleum is not being recovered in a licence area and the\nMinister is satisfied that there is recoverable petroleum in that area,\nhe may, by notice in writing served on the licensee, direct the\nlicensee to take all necessary and practicable steps to recover that\npetroleum.\n(2) Where the Minister is not satisfied with the steps taken or being\ntaken by a licensee to whom a direction has been given under\nsubsection (1), the Minister may, by notice in writing served on the\nlicensee, give to the licensee such directions as the Minister thinks\nnecessary for or in relation to the recovery of petroleum in the\nlicence area.\n\nPetroleum (Submerged Lands) Act 1981 60\n(3) Where petroleum is being recovered in a licence area, the Minister\nmay, for reasons that he thinks sufficient, by notice in writing served\non the licensee, direct the licensee to take all necessary and\npracticable steps to increase or reduce the rate at which petroleum\nis being recovered in the licence area or from a petroleum pool in\nthe licence area to such rate as the Minister specifies in the notice.\n(4) Where the Minister is not satisfied with the steps taken or being\ntaken by a licensee to whom a direction has been given under\nsubsection (3), the Minister may, by notice in writing served on the\nlicensee, give to the licensee such directions as the Minister thinks\nnecessary for or in relation to the increase or reduction of the rate\nat which petroleum is being recovered in the licence area or from a\npetroleum pool in the licence area.\n(5) Without limiting the matters that may be taken into account by the\nMinister in determining whether to give a direction under\nsubsection (3) or (4), the Minister may take into account matters\nrelating to the effects on the revenue of the Territory of the\nproposed direction, but the Minister shall not give a direction under\nsubsection (3) or (4) if the direction would require action to be taken\nthat is contrary to good oil-field practice.\n","sortOrder":70},{"sectionNumber":"59","sectionType":"section","heading":"Unit development","content":"59 Unit development\n(1) In this section, the expression unit development:\n(a) applies in relation to a petroleum pool that is partly in a\nparticular licence area of a licensee and partly in a licence\narea of another licensee or in an area that is not within an\nadjacent area but in which a person other than the first-\nmentioned licensee is lawfully entitled to carry on operations\nfor the recovery of petroleum from the pool; and\n(b) means the carrying on of operations for the recovery of\npetroleum from that pool under co-operative arrangements\nbetween the persons entitled to carry on such operations in\neach of those areas.\n(2) A licensee may, from time to time, enter into an agreement in\nwriting for or in relation to the unit development of a petroleum pool,\nbut nothing in this subsection derogrates from the operation of\nsection 81(2).\n(3) The Minister of his own motion or on application made to him in\nwriting by:\n(a) a licensee in whose licence area there is a part of a particular\npetroleum pool; or\n\nPetroleum (Submerged Lands) Act 1981 61\n(b) a person who is lawfully entitled to carry on operations for the\nrecovery of petroleum in an area outside an adjacent area that\nincludes part of a particular petroleum pool that extends into\nthe adjacent area,\nmay for the purpose of securing the more effective recovery of\npetroleum from the petroleum pool, direct any licensee whose\nlicence area includes part of the petroleum pool, by instrument in\nwriting served on the licensee, to enter into an agreement in writing,\nwithin the period specified in the notice, for or in relation to the unit\ndevelopment of the petroleum pool and to lodge an application in\naccordance with section 81 for approval of any dealing to which the\nagreement relates.\n(a) a licensee who is directed, under subsection (3), to enter into\nan agreement for or in relation to the unit development of a\npetroleum pool does not enter into such an agreement within\nthe specified period; or\n(b) the licensee enters into such an agreement but an application\nfor approval of a dealing to which the agreement relates is not\nlodged with the Minister or, if an application is so lodged, the\ndealing is not approved under section 81,\nthe Minister may, by notice in writing served on the licensee, direct\nthe licensee to submit to him, within the period specified in the\nnotice, a scheme for or in relation to the unit development of the\npetroleum pool.\n(5) At any time after the expiration of the period within which a scheme\nfor or in relation to the unit development of a petroleum pool is to be\nsubmitted by a licensee under subsection (4), the Minister may, by\nnotice in writing served on the licensee, give to the licensee such\ndirections as the Minister thinks necessary for the purpose of\nsecuring the more effective recovery of petroleum from the\npetroleum pool.\n(6) Where a person is the licensee in respect of 2 or more licence\nareas in each of which there is part of a particular petroleum pool,\nthe Minister may, by notice in writing served on the licensee, give to\nthe licensee such directions as the Minister thinks necessary for the\npurpose of securing the more effective recovery of petroleum from\nthe petroleum pool.\n(7) Where an agreement under this section is in force or the Minister\nhas given directions under subsection (5) or (6), the Minister may,\nhaving regard to additional information that has become available,\n\nPetroleum (Submerged Lands) Act 1981 62\nby notice in writing served on the licensee or licensees concerned,\ngive to the licensee or licensees such directions, or further\ndirections, as the case may be, as he thinks necessary for the\npurpose of securing the more effective recovery of petroleum from\nthe petroleum pool.\n(8) The Minister shall not give a direction under subsection (6) or (7)\nunless he has given to the licensee or licensees concerned an\nopportunity to confer with him concerning the proposed direction.\n(9) Directions given under subsection (5), (6) or (7) may include\ndirections as to the rate at which petroleum is to be recovered.\n(10) In this section, dealing means a dealing to which section 81\napplies.\n(11) The Minister shall:\n(a) if a petroleum pool extends, or is reasonably believed by him\nto extend, from an adjacent area into lands to which the laws\nof another State relating to the exploitation of petroleum\nresources apply, consult with the appropriate authority of that\nState concerning the exploitation of the petroleum pool;\n(b) if a petroleum pool extends, or is reasonably believed by him\nto extend, from an adjacent area into the adjacent area in\nrespect of a State, consult with the Designated Authority under\nthe Commonwealth Act in respect of that State concerning the\nexploitation of the petroleum pool; or\n(c) if both paragraphs (a) and (b) apply, comply with both of those\nparagraphs.\n(12) Where subsection (11) applies in relation to a petroleum pool, the\nMinister shall not approve an agreement under this section, or give\na direction under this section, in relation to that petroleum pool\nexcept with the approval of any other authority or Designated\nAuthority required by that subsection to be consulted.\n(13) For the purposes of subsection (11)(b), the adjacent area in respect\nof a State is one of the following areas:\n(a) if the Petroleum (Submerged Lands) Act 1967 of the\nCommonwealth is in force – the adjacent area in respect of\nthe State within the meaning of that Act;\nmodification) – the area that, under the Act of the\nCommonwealth that re-enacts the Petroleum (Submerged\n\nPetroleum (Submerged Lands) Act 1981 63\nLands) Act 1967 of the Commonwealth, corresponds to the\narea which, immediately before the repeal of the Petroleum\n(Submerged Lands) Act 1967 of the Commonwealth, was the\nadjacent area in respect of the State determined in\naccordance with section 5A of that Act.\n","sortOrder":71},{"sectionNumber":"60","sectionType":"section","heading":"Construction etc. of pipelines etc.","content":"60 Construction etc. of pipelines etc.\n(1) A person shall not, in the adjacent area:\nreconstruction, of a pipeline; or\n(b) operate a pipeline,\nexcept under and in accordance with a pipeline licence.\n(2) A person shall not, in the adjacent area:\nreconstruction, of a secondary line or water line; or\n(b) operate a secondary line or water line,\nexcept with and in accordance with a consent in writing of the\n(3) A person shall not, in the adjacent area:\nreconstruction, of a pumping station, tank station or valve\nstation; or\n(b) operate a pumping station, tank station or valve station,\n\nPetroleum (Submerged Lands) Act 1981 64\nexcept under and in accordance with a pipeline licence or with and\nin accordance with a consent in writing of the Minister.\n(4) A person shall not, in the adjacent area, commence to operate a\npipeline, a secondary line or a water line unless:\n(a) in the case of a pipeline, it has been constructed and tested in\naccordance with the pipeline licence;\n(b) in the case of a secondary line or water line it has been\nconstructed and tested in accordance with a consent in writing\nof the Minister; and\n(c) the Minister has certified in writing that he is satisfied that the\npipeline, secondary line or water line, as the case may be, has\nbeen so constructed and tested and is fit to be operated.\n(5) A person shall not, in the adjacent area, recommence to operate a\npipeline, a secondary line or a water line, the previous operation of\nwhich was discontinued, except with and in accordance with a\nconsent in writing of the Minister.\n(6) The Minister may refuse to give a consent or certificate for the\npurposes of this section and, where he gives a consent, may attach\nconditions to it.\n\nPetroleum (Submerged Lands) Act 1981 65\n","sortOrder":72},{"sectionNumber":"61","sectionType":"section","heading":"Acts done in emergency, &c.","content":"61 Acts done in emergency, &c.\nIt is not an offence against section 60:\n(a) if, in an emergency in which there is a likelihood of loss or\ninjury, or for the purpose of maintaining a pipeline, water line,\npumping station, tank station, valve station or secondary line\nin good order or repair, a person does an act to avoid the loss\nor injury or to maintain the pipeline, water line, pumping\nstation, tank station, valve station or secondary line in good\norder and repair and:\n(i) as soon as practicable notifies the Minister of the act\ndone; and\n(ii) complies with any directions given to him by the Minister;\nor\n(b) if a person does an act in compliance with a direction under\nthis Act or the Regulations.\n","sortOrder":73},{"sectionNumber":"62","sectionType":"section","heading":"Removal of pipeline, &c., constructed in contravention of Act","content":"62 Removal of pipeline, &c., constructed in contravention of Act\n(a) the construction of a pipeline, water line, pumping station, tank\nstation, valve station or secondary line is commenced,\ncontinued or completed in contravention of this Act; or\n(b) a pipeline, water line, pumping station, tank station, valve\nstation or secondary line is altered or reconstructed in\ncontravention of this Act,\nthe Minister may, by notice in writing served on the appropriate\nperson, direct him:\n(c) to make such alterations to the pipeline, water line, pumping\nstation, tank station, valve station or secondary line as are\nspecified in the notice; or\n(d) to move the pipeline, water line, pumping station, tank station,\nvalve station or secondary line to a specified place in, or to\nremove it from, the adjacent area,\nwithin the period specified in the notice.\n\nPetroleum (Submerged Lands) Act 1981 66\n(2) For the purposes of subsection (1), the appropriate person is:\n(a) if the construction of a pipeline, water line, pumping station,\ntank station, valve station or secondary line has been\ncompleted – the owner of the pipeline, water line, pumping\nstation, tank station, valve station or secondary line; or\n(b) if the construction of a pipeline, water line, pumping station,\ntank station, valve station or secondary line has not been\ncompleted – the person for whom the pipeline, water line,\npumping station, tank station, valve station or secondary line\nis being constructed.\n(3) Where a person who has been served with a notice under\nsubsection (1) does not, within the period specified in the notice or\nwithin such further period, if any, as the Minister, on application in\nwriting served on him before the expiration of the first-mentioned\nperiod, allows, comply with the direction, the Minister may do all or\nany of the things required by the direction to be done.\n(4) Costs and expenses incurred by the Minister under subsection (3)\nare a debt due by the person referred to in that subsection to the\nTerritory and are recoverable in a court of competent jurisdiction.\n","sortOrder":74},{"sectionNumber":"63","sectionType":"section","heading":"Terminal station","content":"63 Terminal station\nThe Minister may, by notice in the Gazette, declare a pumping\nstation, a tank station or a valve station in the adjacent area to be a\nterminal station.\n","sortOrder":75},{"sectionNumber":"64","sectionType":"section","heading":"Application for pipeline licence","content":"64 Application for pipeline licence\n(1) An application for a pipeline licence:\n(i) the proposed design and construction of the pipeline;\n(ii) the proposed size and capacity of the pipeline;\n(iii) the proposals of the applicant for work and expenditure\nin respect of the construction of the pipeline;\n(iv) the technical qualifications of the applicant and of his\nemployees;\n\nPetroleum (Submerged Lands) Act 1981 67\n(v) the technical advice available to the applicant;\n(vi) the financial resources available to the applicant; and\n(vii) any agreements entered into, or proposed to be entered\ninto, by the applicant for or in relation to the supply or\nconveyance of petroleum by means of the pipeline;\n(d) shall be accompanied by a plan, drawn to an approved scale,\nshowing:\n(i) the routes to be followed by the pipeline;\n(ii) the sites of pumping stations, tank stations and valve\nstations to be used in connection with the pipeline; and\n(iii) the site of any pumping station, tank station or valve\nstation that the applicant desires to be declared under\nsection 63 to be a terminal station in connection with the\npipeline;\n(e) may set out any other matters that the applicant wishes the\n(f) shall be accompanied by the prescribed fee.\n(2) Where a notice is published in the Gazette:\n(a) of an application by a person other than the licensee for a\npipeline licence in respect of the construction of a pipeline for\nthe conveyance of petroleum recovered in a licence area; or\n(b) of an application by a person other than the pipeline operator\nunder the Commonwealth Act or a corresponding law for a\npipeline licence in respect of the construction of a pipeline for\nthe conveyance of petroleum recovered in a licence area of a\nproduction licence under the Commonwealth Act or a\ncorresponding law,\nthe licensee or, as the case may be, the pipeline operator under the\nCommonwealth Act or a corresponding law may, within a period of\n3 months after the date of publication of the notice, or within such\nfurther period, not exceeding 3 months, as the Minister, on\napplication in writing served on him before the expiration of the first-\nmentioned period of 3 months, allows, make an application for a\npipeline licence referred to in paragraph (a) or (b), as the case\nrequires, and in the application request that the application referred\nto in the notice be rejected.\n\nPetroleum (Submerged Lands) Act 1981 68\n(a) a notice referred to in subsection (2) is published in the\nGazette; and\n(b) a pipeline licence is granted to a licensee or to a pipeline\noperator under the Commonwealth Act or a corresponding law\non an application under subsection (2),\nthe Minister shall, by notice in writing served on the applicant, reject\nthe application referred to in the notice.\n(4) The Minister may, at any time, by notice in writing served on a\nperson who has made an application under this section, require him\nto furnish, within the time specified in the notice, further information\nin writing in connection with his application.\n(5) In this section, pipeline operator under the Commonwealth Act\nor a corresponding law has the same meaning as in section 65.\n","sortOrder":76},{"sectionNumber":"65","sectionType":"section","heading":"Grant or refusal of grant of pipeline licence","content":"65 Grant or refusal of grant of pipeline licence\n(1) Where a person makes an application in accordance with\nsection 64, the Minister may, if that person is not the licensee and\nthe application has not been rejected under section 64(3), inform\nthe applicant, by notice in writing served on the applicant, that the\nMinister is prepared to grant a pipeline licence to the applicant.\n(2) Where an application for a pipeline licence in respect of the\nconstruction in an adjacent area of a pipeline for the conveyance of\npetroleum recovered in a licence area is made in accordance with\nsection 64 by the licensee, the Minister:\n(a) shall, if the conditions to which the licence is, or has from time\n(b) may, if:\n(i) any of the conditions to which the licence is, or has from\nPart or the Regulations have not been complied with;\nand\ncircumstances exist that justify the granting of a pipeline\nlicence,\n\nPetroleum (Submerged Lands) Act 1981 69\nlicensee, inform the person that the Minister is prepared to grant to\nthe person a pipeline licence.\n(2A) If a person makes an application in accordance with section 64 for\na pipeline licence in respect of the construction in an adjacent area\nof a pipeline for the conveyance of petroleum recovered from a\nplace beyond the outer limits of any adjacent area, the Minister may\ninform the person, by instrument in writing served on the person,\nthat he or she is prepared to grant the person a pipeline licence.\n(3) Where an application for a pipeline licence in respect of the\nconstruction in an adjacent area of a pipeline for the conveyance of\npetroleum recovered in a licence area is made in accordance with\nsection 64 by the licensee, the Minister shall, if:\n(a) any of the conditions to which the licence is, or has from time\nto time been, subject or any of the provisions of this Part or\nthe Regulations have not been complied with; and\n(b) the Minister is not satisfied that special circumstances exist\nthat justify the granting of a pipeline licence,\nlicensee, refuse to grant a pipeline licence.\n(4) The Minister shall not, under subsection (3), refuse to grant a\npipeline licence to a licensee unless:\n(a) he or she has, by notice in writing served on the licensee,\ngiven not less than one month's notice of his or her intention\nto refuse to grant the pipeline licence;\n(b) he or she has served a copy of the notice on such other\npersons, if any, as he or she thinks fit;\n(c) he or she has, in the notice:\n(ii) specified a date on or before which the licensee or a\nmatters that he or she wishes the Minister to consider;\nand\n(d) he or she has taken into account any matters so submitted to\nhim or her on or before the specified date by the licensee or\nby a person on whom a copy of the first-mentioned notice has\nbeen served.\n\nPetroleum (Submerged Lands) Act 1981 70\n(5) Where a person other than a licensee or a pipeline operator under\nthe Commonwealth Act or a corresponding law makes an\napplication in accordance with section 64 for a pipeline licence in\nrespect of the construction of a pipeline for the conveyance of\npetroleum recovered in a licence area or, as the case may be, a\nlicence area of a production licence under the Commonwealth Act\nor a corresponding law, the Minister may, by instrument in writing\nserved on the applicant, refuse to grant a pipeline licence.\n(7) A notice under subsection (1) or an instrument under subsection (2)\nor (2A):\n(a) shall specify the route to be followed by the pipeline;\n(b) shall contain a summary of the conditions subject to which a\npipeline licence is to be granted; and\n(c) shall contain a statement to the effect that the application will\nlapse if the applicant does not make a request under\nsubsection (9).\n(8) The route to be specified in a notice under subsection (1) or an\ninstrument under subsection (2) or (2A) shall be:\n(a) the route shown in the plan accompanying the application; or\n(b) if the Minister is of the opinion that, for any reason, that route\nis not appropriate – a route that, in the opinion of the Minister,\nis appropriate.\n(9) A person who has been served with a notice under subsection (1)\nor an instrument under subsection (2) or (2A) may, within a period\nof 3 months after the date of service of the notice on the person, or\nwithin such further period, not exceeding 3 months, as the Minister,\non application in writing served on the person before the expiration\nof the first-mentioned period of 3 months, allows, by notice in\nwriting served on the Minister, request the Minister to grant to the\nperson the pipeline licence.\n(10) Where a person who has been served with a notice under\nsubsection (1) or an instrument under subsection (2) or (2A) has\nmade a request under subsection (9) within the period applicable\nunder subsection (9), the Minister shall grant to that person a\nlicence to construct and operate a pipeline in respect of the pipeline\nspecified in the notice or instrument.\n(11) Where a person who has been served with a notice under\nsubsection (1) or an instrument under subsection (2) or (2A) has\nnot made a request under subsection (9) within the period\napplicable under subsection (9), the application lapses upon the\n\nPetroleum (Submerged Lands) Act 1981 71\nexpiration of that period.\n(13) In this section, pipeline operator under the Commonwealth Act\nor a corresponding law means a person who is entitled under the\nCommonwealth Act or a corresponding law to carry on operations\nfor the recovery of petroleum in an area outside the adjacent area\nand who the Minister is satisfied is or will be entitled to construct a\npipeline from the first-mentioned area to the boundary of the\nadjacent area.\n","sortOrder":77},{"sectionNumber":"66","sectionType":"section","heading":"Rights conferred by pipeline licence","content":"66 Rights conferred by pipeline licence\nA pipeline licence, while it remains in force, authorizes the pipeline\nlicensee, subject to this Act and the Regulations and in accordance\nwith the conditions to which the pipeline licence is subject:\n(a) to construct in an adjacent area:\n(i) a pipeline of the design, construction, size and capacity\nspecified in the pipeline licence along the route, and in\nthe position in relation to the sea-bed in the adjacent\narea, so specified; and\n(ii) the pumping stations, tank stations and valve stations so\nspecified in the positions so specified;\n(b) to operate that pipeline and those pumping stations, tank\nstations and valve stations; and\n(c) to carry on such operations, to execute such works and to do\nall such other things in the adjacent area as are necessary for\nor incidental to the construction and operation of that pipeline\nand of those pumping stations, tank stations and valve\nstations.\n","sortOrder":78},{"sectionNumber":"67","sectionType":"section","heading":"Term of pipeline licence","content":"67 Term of pipeline licence\n(1) Subject to this Part, a pipeline licence remains in force indefinitely.\n(2) A pipeline licence comes into force on the day on which it is granted\nor, if a later day is specified in the pipeline licence as being the day\non which it is to come into force, on that later day.\n","sortOrder":79},{"sectionNumber":"70","sectionType":"section","heading":"Conditions of pipeline licence","content":"70 Conditions of pipeline licence\n(1) A pipeline licence may be granted subject to such conditions as the\nMinister thinks fit and specifies in the pipeline licence.\n\nPetroleum (Submerged Lands) Act 1981 72\n(2) The conditions referred to in subsection (1) may include a condition\nthat the pipeline licensee shall complete the construction of the\npipeline within the period specified in the pipeline licence.\n","sortOrder":80},{"sectionNumber":"71","sectionType":"section","heading":"Variation of pipeline licence on application by pipeline licensee","content":"71 Variation of pipeline licence on application by pipeline licensee\n(1) A pipeline licensee may, at any time, make an application to the\nMinister for the variation of the pipeline licence.\n(c) shall be accompanied by particulars of the proposed variation;\n(d) shall specify the reasons for the proposed variation; and\n(3) The Minister may, at any time, by notice in writing served on a\nperson who has made an application under this section, require him\nto furnish, within the period specified in the notice, further\ninformation in writing in connection with his application.\n(4) The Minister shall, by notice in the Gazette of an application under\nthis section, specify a period within which a person may submit to\nthe Minister, in writing, any matters that he wishes the Minister to\nconsider in connection with the application.\n(5) After considering any matters submitted to him under subsection (4)\nthe Minister may, by notice in writing, vary the pipeline licence to\nsuch extent as he thinks necessary or may refuse to vary the\npipeline licence.\n","sortOrder":81},{"sectionNumber":"72","sectionType":"section","heading":"Variation of pipeline licence by designated authority","content":"72 Variation of pipeline licence by designated authority\n(1) The Minister may:\n(a) at the request of:\n(i) a Minister or a Minister of State of the Commonwealth;\nor\n(ii) a body established by a law of the Commonwealth or a\nTerritory or of a State; and\n(b) if, in his opinion, it is in the public interest so to do,\n\nPetroleum (Submerged Lands) Act 1981 73\nby notice in writing served on a person who is a pipeline licensee or\nthe holder of a notice of consent under section 60, direct that\nperson to make such changes in the design, construction, route or\nposition of the pipeline, or of a water line, pumping station, tank\nstation, valve station or secondary line to which the pipeline licence\nor notice of consent relates, as are specified in the first-mentioned\nnotice, within the period specified in the first-mentioned notice and,\nif the person so directed is a pipeline licensee, shall vary the\npipeline licence accordingly.\n(3) Where the Minister gives a direction under subsection (1), and the\nperson to whom the direction was given has complied with the\ndirection, that person may bring an action in the Supreme Court\nagainst the Minister or Minister of State of the Commonwealth or\nbody making the request.\n(4) The Supreme Court shall hear the action, without a jury, and shall\ndetermine whether it is just that the whole or a portion of the\nreasonable cost of complying with the direction ought to be paid to\nthe plaintiff by the defendant.\n(5) If the Supreme Court determines that it is just that such a payment\nought to be made, the Supreme Court shall determine the amount\nof the payment and give judgment accordingly.\n","sortOrder":82},{"sectionNumber":"73","sectionType":"section","heading":"Common carrier","content":"73 Common carrier\n(1) The Minister may, by notice in writing served on a pipeline licensee,\ndirect the pipeline licensee to be a common carrier of petroleum in\nrespect of the pipeline and thereupon the pipeline licensee is a\ncommon carrier of petroleum in respect of the pipeline.\n(2) Subsection (1) does not apply in relation to a pipeline, or a part of a\npipeline, that is a covered pipeline within the meaning of the\nNational Gas (NT) Law as defined in the National Gas (Northern\nTerritory) Act 2008.\n\nPetroleum (Submerged Lands) Act 1981 74\n","sortOrder":83},{"sectionNumber":"74","sectionType":"section","heading":"Ceasing to operate pipeline","content":"74 Ceasing to operate pipeline\n(1) Except with the consent in writing of the Minister and subject to\ncompliance with such conditions, if any, as are specified in the\nnotice of consent, a pipeline licensee shall not cease to operate the\n(2) It is not an offence against subsection (1) if the failure of the\npipeline licensee to operate the pipeline:\n(a) was in the ordinary course of operating the pipeline;\n(b) was for the purpose of repairing or maintaining the pipeline; or\n(c) was in an emergency in which there was a likelihood of loss or\ninjury.\n74AA Termination of pipeline licence if no operations for 5 years\n(1) If a pipeline licensee:\n(a) has not carried out any construction work under the pipeline\nlicensee's pipeline licence for a continuous period of at least\n5 years; and\n(b) has not used the pipeline or a part of the pipeline the subject\nof the pipeline licensee's pipeline licence for a continuous\nperiod of at least 5 years,\nthe Minister may, by written notice served on the pipeline licensee,\ninform the pipeline licensee that the Minister proposes to terminate\nthe pipeline licence, or to terminate the pipeline licence in respect of\na part of the pipeline, (as the case requires) after the end of\none month after the notice is served.\n(2) At any time after the end of one month after the notice referred to in\nsubsection (1) is served on the pipeline licensee, the Minister may,\nby written notice served on the pipeline licensee, terminate the\npipeline licence or terminate the pipeline licence in respect of a part\nof the pipeline (as the case requires).\n(3) In working out, for the purposes of subsection (1), the duration of\nthe period in which a pipeline licensee did not carry out any\n\nPetroleum (Submerged Lands) Act 1981 75\nconstruction work under the pipeline licence or did not use the\npipeline or a part of the pipeline, any period in which construction\nwork was not carried out, or the pipeline or part of the pipeline was\nnot used, because of circumstances beyond the pipeline licensee's\ncontrol is to be disregarded.\n","sortOrder":84},{"sectionNumber":"74A","sectionType":"section","heading":"Interpretation","content":"74A Interpretation\nIn this Division, title means a permit, lease, licence, pipeline licence\n","sortOrder":85},{"sectionNumber":"75","sectionType":"section","heading":"Register of certain instruments to be kept","content":"75 Register of certain instruments to be kept\nFor the purposes of this Part, the Minister shall keep a register of\ntitles and special prospecting authority granted by him.\n","sortOrder":86},{"sectionNumber":"75A","sectionType":"section","heading":"Application of Law of Property Act 2000","content":"75A Application of Law of Property Act 2000\nOn the commencement of the Law of Property Act 2000:\n(a) that Act applies to estates, interests and any other rights in or\nin respect of land, granted, created or taking effect under this\nAct, but if there is an inconsistency between the provisions of\nthat Act and a specific provision of this Act, this Act prevails;\n(b) Part 7 of that Act applies to or in respect of an interest\ngranted, created or taking effect under this Act, subject that a\nreference to the Registrar-General is to be construed as a\nreference to the Minister; and\n(c) in registering the creation or transfer of an interest under this\nAct, the Minister is to record co-owners (if any) of the interest\nas tenants in common unless satisfied that the intention was\nfor the interest to be held as joint tenants.\n","sortOrder":87},{"sectionNumber":"76","sectionType":"section","heading":"Particulars to be entered in register","content":"76 Particulars to be entered in register\n(1) The Minister shall enter in the register a memorial in respect of\neach title or special prospecting authority:\n(a) specifying the name of the holder of the title or special\nprospecting authority;\n(b) in the case of a permit, lease or licence, setting out an\naccurate description (including, where convenient, a map) of\nthe permit area, lease area or licence area;\n\nPetroleum (Submerged Lands) Act 1981 76\n(c) in the case of a special prospecting authority or an access\nauthority, setting out an accurate description (including, where\nconvenient, a map) of the area in respect of which the special\nprospecting authority or access authority is in force;\n(d) in the case of a pipeline licence, setting out a description of\nthe route of the pipeline;\n(e) specifying the term of the title and special prospecting\nauthority;\n(f) setting out such other matters and things as are required by\nthis Part to be entered in the register; and\n(g) setting out such further matters relating to the registered\nholder or to the terms and conditions of the title or special\nprospecting authority as the Minister deems proper and\nexpedient in the public interest.\n(2) The Minister shall enter in the register a memorial of:\n(a) any notice varying, cancelling, surrendering or otherwise\naffecting a title or special prospecting authority;\n(b) any notice under section 59(5), (6) or (7);\n(c) any agreement under section 109; and\n(d) any notice or instrument varying or revoking a notice or\ninstrument referred to in paragraph (a) or (b).\n(3) It is sufficient compliance with the requirements of subsection (1)\nor (2) if the Minister enters a copy of the title, special prospecting\nauthority or instrument in the register.\n(5) The Minister shall endorse on the memorial or copy of the title,\nspecial prospecting authority or instrument a memorandum of the\ndate upon which the memorial or copy was entered in the register.\n","sortOrder":88},{"sectionNumber":"77","sectionType":"section","heading":"Memorials to be entered of permits, &c., determined, &c.","content":"77 Memorials to be entered of permits, &c., determined, &c.\n(a) a permit or lease ceases to be in force in respect of a block in\nrespect of which a licence is granted;\n(b) a permit or lease has been wholly determined or partly\ndetermined; or\n\nPetroleum (Submerged Lands) Act 1981 77\n(c) a permit, licence, pipeline licence or access authority has\nexpired,\nthe Minister shall enter in the register a memorial of the fact.\n","sortOrder":89},{"sectionNumber":"78","sectionType":"section","heading":"Approval and registration of transfers","content":"78 Approval and registration of transfers\n(1) A transfer of a title is of no force or effect until it has been approved\nby the Minister and an instrument of transfer is registered as\nprovided by this section.\n(2) Where it is desired that a title be transferred, one of the parties to\nthe proposed transfer may make an application in writing to the\nMinister for approval of the transfer.\n(3) An application for approval of a transfer of a title shall be\naccompanied by:\n(a) an instrument of transfer in the prescribed form executed by\nthe registered holder or, if there are 2 or more registered\nholders, by each registered holder and by the transferee or, if\nthere are 2 or more transferees, by each transferee;\n(b) in a case where the transferee or one or more of the\ntransferees is not a registered holder or are not registered\nholders of the title, an instrument setting out:\n(i) the technical qualifications of that transferee or those\ntransferees;\n(ii) details of the technical advice that is or will be available\nto that transferee or those tranferees; and\n(iii) details of the financial resources that are or will be\navailable to that transferee or those transferees; and\n(c) a copy of the application and of the instruments referred to in\nparagraphs (a) and (b).\n(4) The Minister shall not approve the transfer of a title unless the\napplication was lodged with the Minister within 3 months after the\nday on which the party who last executed the instrument of transfer\nso executed the instrument of transfer or within such longer period\nas the Minister, in special circumstances, allows.\n(5) Where an application for approval of a transfer is made in\naccordance with this section, the Minister shall enter a\nmemorandum in the register of the date on which the application\nwas lodged and may make such other notation in the register as he\nconsiders appropriate.\n\nPetroleum (Submerged Lands) Act 1981 78\n(6) The Minister shall consider each application for approval of the\ntransfer of a title and determine whether to approve the transfer.\n(7) Where an application for approval of the transfer of a title is made in\naccordance with this section, the Minister shall, by notice in writing\nserved on the person who made the application, inform the person\nof the decision of the Minister.\n(9) Where the Minister approves the transfer of a title, he shall forthwith\nendorse on the instrument of transfer and on one copy of the\ninstrument a memorandum of approval and shall, on payment of the\nfee provided by this Act, enter in the register a memorandum of the\ntransfer and the name of the transferee or of each transferee.\n(10) Upon the entry in the register of a memorandum of the transfer of a\ntitle and of the name of the transferee in accordance with\nsubsection (9):\n(a) the transfer shall be deemed to be registered; and\n(b) the transferee becomes the registered holder, or the\ntransferees become the registered holders, of the title.\n(11) Where the Minister refuses to approve the transfer of a title, he\nshall make a notation of the refusal in the register.\n(12) Where a transfer is registered:\n(a) the copy of the instrument of transfer endorsed with the\nmemorandum of approval shall be retained by the Minister\nand made available for inspection in accordance with this\nDivision; and\n(b) the instrument of transfer endorsed with the memorandum of\napproval shall be returned to the person who lodged the\napplication for approval of the transfer.\n(13) The mere execution of an instrument of transfer of a title creates no\ninterest in the title.\n","sortOrder":90},{"sectionNumber":"79","sectionType":"section","heading":"Entries in register on devolution of title, &c.","content":"79 Entries in register on devolution of title, &c.\n(1) A person upon whom the rights of a registered holder of a particular\ntitle have devolved by operation of law may apply in writing to the\nMinister to have his name entered in the register as the holder of\nthe title.\n(2) The Minister shall, if he is satisfied that the rights of a holder have\ndevolved upon an applicant by operation of law and on payment of\nthe prescribed fee enter the name of the applicant in the register as\n\nPetroleum (Submerged Lands) Act 1981 79\nthe holder of the title and, upon that entry being so made, the\napplicant becomes the registered holder of the title.\n(3) Where a company that is the registered holder of a particular title\nhas changed its name, it may apply in writing to the Minister to have\nits new name substituted for its previous name in the register in\nrelation to that title and, if:\n(a) the Minister is satisfied that the company has so changed its\nname; and\n(b) the company has paid the prescribed fee,\nthe Minister shall make the necessary alterations in the Register.\n","sortOrder":91},{"sectionNumber":"81","sectionType":"section","heading":"Approval of dealings relating to existing titles","content":"81 Approval of dealings relating to existing titles\n(1) This section applies to a dealing that would, but for subsection (2),\nhave one or more of the following effects:\n(a) the creation or assignment of an interest in an existing title;\n(b) the creation or assignment of a right (conditional or otherwise)\nto the assignment of an interest in an existing title;\n(c) the determining of the manner in which persons may exercise\nthe rights conferred by, or comply with the obligations imposed\nby, or the conditions of, an existing title (including the exercise\nof those rights or the compliance with those obligations or\nconditions under co-operative arrangements for the recovery\nof petroleum);\n(d) the creation or assignment of:\n(i) an interest in or in relation to an existing permit, lease or\nlicence, being an interest known as an overriding royalty\ninterest, a production payment, a net profits interest or a\ncarried interest; or\n(ii) any other interest that is similar to an interest referred to\nin subparagraph (i), being an interest relating to\npetroleum produced from operations authorized by an\nexisting permit, lease or licence or relating to revenue\nderived as a result of the carrying out of operations of\nthat kind;\n(e) the creation or assignment of an option (conditional or\notherwise) to enter into a dealing, being a dealing that has one\nor more of the effects referred to in paragraphs (a), (b), (c)\nand (d);\n\nPetroleum (Submerged Lands) Act 1981 80\n(f) the creation or assignment of a right (conditional or otherwise)\nto enter into a dealing, being a dealing that has one or more of\nthe effects referred to in paragraphs (a), (b), (c) and (d); and\n(g) the alteration or termination of a dealing, being a dealing that\nhas one or more of the effects referred to in paragraphs (a),\n(b), (c), (d), (e) and (f),\nbut this section does not apply to a transfer to which section 78\napplies.\n(2) A dealing to which this section applies is of no force or effect in so\nfar as the dealing would, but for this subsection, have an effect of a\nkind referred to in subsection (1) in relation to a particular title until:\n(a) the dealing, in so far as it relates to that title, has been\napproved by the Minister; and\n(b) an entry has been made in the register in relation to the\ndealing by the Minister in accordance with subsection (12).\n(3) A party to a dealing to which this section applies may lodge with the\nMinister:\n(a) in a case where the dealing relates to only one title, an\napplication in writing for approval by the Minister of the\ndealing; or\n(b) in any other case, a separate application in writing for\napproval by the Minister of the dealing in relation to each title\nto which the dealing relates.\n(4) An application under subsection (3) for approval of a dealing:\n(a) shall be accompanied by the instrument evidencing the\ndealing or, if that instrument has already been lodged with the\nMinister for the purposes of another application, a copy of that\ninstrument; and\n(b) may be accompanied by an instrument setting out such\nparticulars (if any) as are prescribed for the purposes of an\napplication for approval of a dealing of that kind.\n(4A) An application under subsection (3) for approval of a dealing shall\nbe accompanied by 2 copies of:\n(a) the application;\n(b) the instrument referred to in subsection (4)(a); and\n\nPetroleum (Submerged Lands) Act 1981 81\n(c) any instrument lodged for the purposes of subsection (4)(b).\n(5) Subject to subsection (6), the Minister shall not approve a dealing\nunless the application for approval of the dealing is lodged with the\nMinister within the period of 3 months after the day on which the\nparty who last executed the instrument evidencing the dealing so\nexecuted the instrument or such longer period as the Minister in\nspecial circumstances, allows.\n(6) Where a dealing relating to a title was, immediately before the title\ncame into existence, a dealing referred to in section 81A(1), the\nMinister shall not approve the dealing unless:\n(a) a provisional application for approval of the dealing was\nlodged in accordance with section 81A(1); or\n(b) an application for approval of the dealing is lodged with the\nMinister in accordance with this section within 3 months after\nthe day on which the title came into existence or such longer\nperiod as the Minister, in special circumstances, allows.\n(7) Where a dealing to which this section applies forms a part of the\nissue of a series of debentures, all of the dealings constituting the\nissue of that series of debentures shall, for the purposes of this\nsection, be taken to be one dealing.\n(8) Where a dealing to which this section applies (including a dealing\nreferred to in subsection (7)) creates a charge over some or all of\nthe assets of a body corporate, the person lodging the application\nfor approval of the dealing shall be deemed to have complied with\nsubsection (4)(a), and with subsection (4A) in so far as that\nsubsection requires 2 copies of the document referred to in\nsubsection (4)(a) to accompany the application, if the person lodges\nwith the application 3 copies of each document relating to the\ncreation of that charge required to be lodged under section 262 of\nthe Corporations Act 2001 or with ASIC under section 263 of the\nCorporations Act 2001, or under the corresponding provision of a\nlaw of a State or another Territory of the Commonwealth.\n(9) On receipt of an application made under this section, the Minister\nshall enter a memorandum in the register on the date on which the\napplication was lodged and may make such other notation in the\nregister as the Minister considers appropriate.\n(10) The Minister may approve or refuse to approve a dealing to which\nthis section applies in so far as the dealing relates to a particular\ntitle.\n\nPetroleum (Submerged Lands) Act 1981 82\n(11) The Minister shall, by notice in writing served on the person who\nmade an application for approval of a dealing, inform the person of\nthe decision of the Minister.\n(12) If the Minister approves a dealing, he shall endorse on the original\ninstrument evidencing the dealing and on one copy of that\ninstrument or, if the original instrument was not lodged with the\napplication, on 2 of the copies of that instrument a memorandum of\napproval and, on payment of the fee provided by this Act make an\nentry of the approval of the dealing in the register on the memorial\nrelating to, or on the copy of, the title in respect of which the\napproval is sought.\n(13) Where an entry is made in the Register in relation to a dealing in\naccordance with subsection (12):\n(a) if the dealing was approved before the commencement of\nsection 11 of the Petroleum (Submerged Lands) Amendment\nAct 1989 or the application for approval of the dealing was not\naccompanied by an instrument for the purpose of\nsubsection (4)(b), one copy of the instrument evidencing the\ndealing endorsed with a memorandum of approval shall be\nretained by the Minister and made available for inspection in\naccordance with this Division;\n(b) if the application for approval of the dealing was accompanied\nby an instrument for the purpose of subsection (4)(b), a copy\nof that instrument endorsed with a copy of the memorandum\nof approval of the dealing shall be retained by the Minister and\nmade available for inspection in accordance with this Division\nbut a copy of the instrument evidencing the dealing shall not\nbe so made available; and\n(c) the original instrument evidencing the dealing, or a copy of the\noriginal instrument, as the case requires, endorsed with a\nmemorandum of approval and the instrument (if any) lodged\nfor the purpose of subsection (4)(b) shall be returned to the\nperson who made the application for approval.\n(13A) The approval of a dealing or the making of an entry in the Register\nin relation to a dealing is not rendered ineffective by a failure to\ncomply, in relation to the application for approval of the dealing,\nwith the requirements of this section.\n(14) Where the Minister refuses to approve a dealing, he shall make a\nnotation of the refusal in the register.\n\nPetroleum (Submerged Lands) Act 1981 83\n(15) In this section, charge and debenture have the same respective\nmeanings as they have for section 263 of the Corporations\nAct 2001.\n","sortOrder":92},{"sectionNumber":"81A","sectionType":"section","heading":"Approval of dealings in future interests, &c.","content":"81A Approval of dealings in future interests, &c.\n(1) Where 2 or more persons enter into a dealing relating to a title that\nmay come into existence in the future and that dealing would, if the\ntitle came into existence, become a dealing to which section 81\napplies, a person who is a party to the dealing may, during the\nprescribed period in relation to the title, lodge with the Minister:\n(a) in a case where the dealing relates to only one title that may\ncome into existence in the future, a provisional application in\nwriting for approval by the Minister of the dealing; or\n(b) in any other case, a separate provisional application in writing\nfor approval by the Minister of the dealing in relation to each\ntitle that may come into existence in the future and to which\nthe dealing relates.\n(2) Section 81(4), (7) and (8) applies to a provisional application lodged\nunder subsection (1) of this section as if that provisional application\nwere an application lodged under section 81(3).\n(a) the title to which a dealing referred to in subsection (1) relates\ncomes into existence; and\n(b) upon that title coming into existence, the dealing becomes a\ndealing to which section 81 applies,\nthe provisional application lodged under subsection (1) in relation to\nthe dealing shall be treated as if it were an application lodged under\nsection 81(3) on the day on which that title came into existence.\n(4) A reference in subsection (1) to the prescribed period, in relation to\na title, is a reference to the period:\n(a) commencing:\n(i) in the case of a permit, lease, licence or pipeline\nlicence – on the day of service of an instrument\ninforming the applicant for the permit, lease, licence or\npipeline licence that the Minister is prepared to grant the\npermit, lease, licence or pipeline licence; or\n\nPetroleum (Submerged Lands) Act 1981 84\n(ii) in the case of an access authority – on the day on which\nthe application for the grant of the access authority is\nmade; and\n(b) ending on the day on which the title comes into existence.\n","sortOrder":93},{"sectionNumber":"82","sectionType":"section","heading":"True consideration to be shown","content":"82 True consideration to be shown\n(1) A person who is a party to a transfer referred to in section 78, a\ndealing to which section 81 applies or a dealing referred to in\nsection 81A(1) shall not lodge with the Minister:\n(a) an instrument of transfer;\n(b) an instrument evidencing the dealing; or\n(c) an instrument of the kind referred to in section 81(4)(b),\nthat contains a statement relating to the consideration for the\ntransfer or dealing, or to any other fact or circumstance affecting the\namount of the fee payable in respect of the transfer or dealing\nunder this Act, being a statement that is, to the knowledge of the\nperson, false or misleading in a material particular.\n(2) Where a person is found guilty of an offence against subsection (1),\nthe Minister may make a fresh determination of the amount of the\nfee payable under section 92 in respect of the memorandum\nrelating to the transfer or dealing.\n(3) Section 91(2) and (3) applies in relation to a determination under\nsubsection (2) as it applies in relation to a determination under\nsection 91(1).\n","sortOrder":94},{"sectionNumber":"83","sectionType":"section","heading":"Minister not concerned with certain matters","content":"83 Minister not concerned with certain matters\nNeither the Minister nor a person acting under his direction or\nauthority is concerned with the effect in law of any instrument\nlodged with him in pursuance of this Division nor does the approval\nof a transfer or dealing give to the transfer or dealing any force,\neffect or validity that the transfer or dealing would not have had if\nthis Division had not been enacted.\n\nPetroleum (Submerged Lands) Act 1981 85\n","sortOrder":95},{"sectionNumber":"84","sectionType":"section","heading":"Power of Minister to acquire information as to dealings","content":"84 Power of Minister to acquire information as to dealings\n(1) The Minister may require the person lodging an application for\napproval of a transfer or dealing or a provisional application for\napproval of a dealing under this Division to furnish to him in writing\nsuch information concerning the transfer or dealing as the Minister\nconsiders necessary or advisable.\n(1A) The Minister may require a person who is a party to a dealing\napproved under section 81 to furnish to the Minister a statement in\nwriting setting out such information concerning alterations in the\ninterests or rights existing in relation to the title to which the\napproved dealing relates as the Minister considers necessary or\nadvisable.\n(1B) The Minister may require a person making an application under\nsection 79(1) or (3) or 87A(2) to furnish to the Minister in writing\nsuch information concerning the matter to which the application\nrelates as the Minister considers necessary or advisable.\n(1C) A person shall not fail or refuse to comply with a requirement given\nunder subsection (1), (1A) or (1B).\n(2) A person who is required to furnish information shall not knowingly\nfurnish information that is false or misleading in a material\nparticular.\n","sortOrder":96},{"sectionNumber":"85","sectionType":"section","heading":"Production and inspection of documents","content":"85 Production and inspection of documents\n(1) The Minister may require any person to produce to him or to make\navailable for inspection by him any documents in the possession or\nunder the control of that person and relating to a transfer or dealing\nin relation to which approval is sought under this Division.\n\nPetroleum (Submerged Lands) Act 1981 86\n(1A) The Minister may require a person to produce to him or to make\navailable for inspection by him a document in the possession or\nunder the control of that person and relating to an application made\nunder section 79(1) or (3) or 87A(2) to the Minister.\n(2) A person shall not fail or refuse to comply with a requirement given\nto him under subsection (1) or (1A).\n","sortOrder":97},{"sectionNumber":"86","sectionType":"section","heading":"Inspection of register and documents","content":"86 Inspection of register and documents\n(1) The register and all instruments or copies of instruments subject to\ninspection under this Division shall at all convenient times be open\nfor inspection by any person upon payment of the fee prescribed or\ncalculated in accordance with the Regulations.\n","sortOrder":98},{"sectionNumber":"87","sectionType":"section","heading":"Evidentiary provisions","content":"87 Evidentiary provisions\n(1) The register shall be received by all courts as evidence of all\nmatters required or authorized by this Division to be entered in the\nregister.\n(2) The Minister may, on payment of a fee calculated in accordance\nwith the Regulations, supply copies of or extracts from the register\nor of or from any instrument lodged with him under this Division\ncertified by writing under his hand, and such a copy or extract so\ncertified is admissible in evidence in all courts and proceedings\nwithout further proof or production of the original.\n(3) The Minister may, on payment of the fee prescribed or calculated in\naccordance with the Regulations, by instrument in writing under his\nhand, certify that an entry, matter or thing required or permitted by\nor under this Division to be made or done or not to be made or\ndone has or has not, as the case may be, been made or done and\nsuch a certificate is evidence in all courts and proceedings of the\nstatements contained in the certificate.\n","sortOrder":99},{"sectionNumber":"87A","sectionType":"section","heading":"Minister may make corrections to register","content":"87A Minister may make corrections to register\n(1) The Minister may alter the register for the purposes of correcting a\nclerical error or an obvious defect in it.\n(2) Subject to subsection (3), the Minister may, on application being\nmade in writing to him by a person or of his own motion, make such\n\nPetroleum (Submerged Lands) Act 1981 87\nentries in the register as he considers appropriate for the purposes\nof ensuring that the register accurately records the interests and\nrights existing in relation to a title.\n(3) Where the Minister proposes to make an entry in the register in\naccordance with subsection (2), he shall cause to be published in\nthe Gazette a notice:\n(a) setting out the terms of the entry that he proposes to make;\nand\n(b) inviting interested persons to give to him by such day as is\nspecified in the notice, being a day not earlier than 45 days\nafter the publication of the notice, submissions in writing\nrelating to the making of the entry.\n(4) Where submissions are, in accordance with a notice under\nsubsection (3), given to the Minister in relation to the proposed\nmaking of an entry in the register, he shall:\n(a) take those submissions into account before making an entry in\nthe register; and\n(b) after making an entry in the register, cause to be published in\nthe Gazette a notice setting out the terms of the entry.\n","sortOrder":100},{"sectionNumber":"88","sectionType":"section","heading":"Appeals","content":"88 Appeals\n(1) The Supreme Court may, on the application of a person aggrieved\nby:\n(a) the omission of an entry from the register;\n(b) an entry made in the register without sufficient cause;\n(c) an entry wrongly existing in the register; or\n(d) an error or defect in an entry in the register,\nmake such an order as it thinks fit directing the rectification of the\nregister.\n(2) The Supreme Court may, in proceedings under this section, decide\nany question that it is necessary or expedient to decide in\nconnection with the rectification of the register.\n(3) Notice of an application under this section shall be given to the\nMinister, who may appear and be heard and shall appear if so\ndirected by the Supreme Court.\n\nPetroleum (Submerged Lands) Act 1981 88\n(4) An office copy of an order made by the Supreme Court may be\nserved on the Minister and the Minister shall, upon receipt of the\norder, rectify the register accordingly.\n","sortOrder":101},{"sectionNumber":"89","sectionType":"section","heading":"Minister not liable to certain actions","content":"89 Minister not liable to certain actions\nSubject to section 88, neither the Minister nor a person acting under\nhis direction or authority is liable to an action, suit or proceeding for\nor in respect of an act or matter bona fide done or omitted to be\ndone in exercise or purported exercise of any power or authority\nconferred by this Division.\n","sortOrder":102},{"sectionNumber":"90","sectionType":"section","heading":"Offences","content":"90 Offences\nA person who wilfully:\n(a) makes, causes to be made or concurs in making a false entry\nin the register; or\n(b) produces or tenders in evidence a document falsely purporting\nto be a copy of or extract from an entry in the register or of or\nfrom an instrument lodged with the Minister under this\nDivision,\nis guilty of an offence.\n","sortOrder":103},{"sectionNumber":"91","sectionType":"section","heading":"Assessment of fee","content":"91 Assessment of fee\n(1) The Minister may determine the amount of the fee payable under\nsection 92 in respect of any memorandum.\n(2) A person dissatisfied with a determination of the Minister under\nsubsection (1) may appeal to the Supreme Court against the\ndetermination.\n(3) Upon the hearing of an appeal under subsection (2), the Supreme\nCourt may affirm, reverse or modify the determination of the\n","sortOrder":104},{"sectionNumber":"92","sectionType":"section","heading":"Imposition of registration fees","content":"92 Imposition of registration fees\n(1) In this section title means a permit, lease, licence, pipeline licence\n\nPetroleum (Submerged Lands) Act 1981 89\n(2) Subject to this section, there is payable to the Minister in respect of\nan entry in the register of a memorandum of the transfer of a title\nunder section 78 a fee at the rate of 1.5% of:\n(a) the value of the consideration for the transfer; or\n(b) the value of the title transferred,\nwhichever is the greater or, if the amount of that fee is less than the\nprescribed amount, a fee of the prescribed amount.\n(a) a fee imposed by subsection (5) in respect of an entry of\napproval of a dealing, being a dealing pursuant to which the\ntransfer of a title is agreed to, has been paid; and\nsubsection (2) in respect of the entry of a memorandum of the\ntransfer of the title, being a transfer executed for the purpose\nof giving effect to the dealing referred to in paragraph (a),\nwould be greater than the prescribed amount,\nthe amount of the fee imposed by subsection (2) in respect of the\nentry of the memorandum of the transfer is the prescribed amount.\n(a) the parties to a transfer of a title lodged for approval under\nsection 78 satisfy the Minister that:\n(i) they are related corporations within the meaning of the\nCorporations Act 2001;\n(ii) the transfer was executed solely for the purpose of a\nreorganization of the corporations concerned or any of\nthem or solely for the purpose of securing the better\nadministration of the corporations concerned or any of\nthem; and\n(iii) the transfer was not executed substantially for the\npurpose of avoiding or reducing the registration fees that\nwould, but for this subsection, be payable under\nsubsection (2) in respect of the entry of a memorandum\nof the transfer; and\nsubsection (2) in respect of the entry of the memorandum of\nthe transfer of the title would be more than the prescribed\namount,\n\nPetroleum (Submerged Lands) Act 1981 90\nthe amount of the fee imposed by subsection (2) in respect of the\nentry of the memorandum of the transfer is the prescribed amount.\n(5) Subject to this section, there is payable to the Minister in respect of\nan entry in the register of the approval of a dealing under section 81\na fee at the rate of 1.5% of:\n(a) the value of the consideration for the dealing or, if the Minister\napproves the dealing in relation to another title or other titles,\nan amount equal to the value of the consideration for the\ndealing divided by the number of titles in relation to which the\ndealing is approved; or\n(b) in a case where:\n(i) the entry of approval relates to an interest in a licence or\npipeline licence;\n(ii) the value of the interest is greater than the amount\napplicable under paragraph (a);\n(iii) the dealing has an effect of the kind referred to in\nsection 81(1)(a), (b) or (d); and\n(iv) the Minister is satisfied that the dealing was not made\npursuant to another dealing, being a dealing that relates\nto that title and in respect of an entry of approval of\nwhich a fee imposed by this subsection has been paid,\nthe value of the interest.\n(a) but for this subsection, the amount of the fee imposed by\nsubsection (5) in relation to an entry of approval of a dealing\nwould be less than the prescribed amount; or\n(b) an approval under section 81 is given in respect of a dealing\nthat is a dealing to which that section applies by reason only\nthat the dealing creates, varies or terminates a charge over\nsome or all of the assets of a body corporate,\nthe amount of the fee imposed by subsection (5) in respect of the\nentry of that approval is the prescribed amount.\n\nPetroleum (Submerged Lands) Act 1981 91\n(7) Where:\n(a) the parties to a dealing lodged for approval under section 81\nsatisfy the Minister that:\n(i) they are related corporations within the meaning of the\nCorporations Act 2001;\n(ii) the dealing was entered into solely for the purpose of a\nreorganization of the corporations concerned or any of\nthem or solely for the purpose of securing the better\nadministration of the corporations concerned or any of\nthem; and\n(iii) the dealing was not entered into substantially for the\npurpose of avoiding or reducing the registration fees that\nwould, but for this subsection, be payable under\nsubsection (5) in respect of the entry of approval of the\ndealing; and\nsubsection (5) in relation to the entry of approval of the dealing\nwould be more than the prescribed amount,\nthe amount of the fee imposed by subsection (5) in respect of the\nentry of approval of that dealing is the prescribed amount.\n(8) For the purposes of calculating the amount of the fee imposed by\nsubsection (5) in respect of an entry of approval of a dealing, the\nvalue, as determined by the Minister of any exploration works to be\ncarried out pursuant to the dealing, being works that were, at the\ntime when the application for approval of the dealing was lodged,\nrequired or permitted to be carried out by or under the relevant title,\nshall be deducted from the value of the consideration for the\ndealing or from the value of the interest in the relevant licence as\nthe case requires.\n","sortOrder":105},{"sectionNumber":"94","sectionType":"section","heading":"Notice of grants of permits etc. to be published","content":"94 Notice of grants of permits etc. to be published\nThe Minister shall cause notice of, and such particulars as he or\nshe thinks fit of:\n(a) the grant, and the grant of the renewal, of a permit, lease or\nlicence;\n(aa) the grant of a pipeline licence;\n(b) the variation of a licence or pipeline licence;\n\nPetroleum (Submerged Lands) Act 1981 92\n(c) the surrender or cancellation of a permit, lease or licence as to\nall or some of the blocks in the permit area, lease area or\nlicence area;\n(d) the determination of a permit or lease as to a block or blocks;\n(e) an application for a pipeline licence or for the variation of a\npipeline licence;\n(f) the surrender or cancellation of a pipeline licence as to the\nwhole or a part of the pipeline; and\n(g) the expiry of a permit, lease or licence, or the termination of a\npipeline licence,\nunder this Part to be published in the Gazette.\n","sortOrder":106},{"sectionNumber":"95","sectionType":"section","heading":"Date of effect of permits, &c.","content":"95 Date of effect of permits, &c.\n(2) The surrender or cancellation of a permit, lease or licence as to all\nor some of the blocks in the permit area, lease area or licence area\nhas effect on and from the day on which notice of the surrender or\ncancellation is published in the Gazette.\n(3) The surrender or cancellation of a pipeline licence as to the whole\nor a part of the pipeline has effect on and from the day on which\nnotice of the surrender or cancellation is published in the Gazette.\n(4) A variation of a licence or pipeline licence has effect on and from\nthe day on which notice of the variation is published in the Gazette.\n","sortOrder":107},{"sectionNumber":"96","sectionType":"section","heading":"Commencement of works","content":"96 Commencement of works\n(1) Where a permit, lease, licence or pipeline licence is granted subject\nto a condition that works or operations specified in the permit,\nlease, licence or pipeline licence are to be carried out, the\npermittee, lessee, licensee or pipeline licensee, as the case may\nbe, shall commence to carry out those works or operations within a\nperiod of 6 months after the day on which the permit, lease, licence\nor pipeline licence, as the case may be, comes into force.\n(2) The Minister may, by notice in writing served on the permittee,\nlessee, licensee or pipeline licensee:\n(a) exempt him from compliance with the requirements of\nsubsection (1); and\n(b) direct him to commence to carry out the works or operations\nspecified in the permit, lease, licence or pipeline licence, as\nthe case may be, within such period after the day on which the\n\nPetroleum (Submerged Lands) Act 1981 93\npermit, lease, licence or pipeline licence, as the case may be,\ncomes into force as is specified in the notice.\n","sortOrder":108},{"sectionNumber":"97","sectionType":"section","heading":"Work practices","content":"97 Work practices\n(1) A permittee, lessee or licensee shall carry out all petroleum\nexploration operations and operations for the recovery of petroleum\nin the permit area, lease area or licence area in a proper and\nworkmanlike manner and in accordance with good oilfield practice\nand shall secure the safety, health and welfare of persons engaged\nin those operations in or about the permit area, lease area or\nlicence area.\n(2) In particular, and without limiting the generality of subsection (1),\nbut subject to any authorization or requirement given or made by or\nunder this Act or regulations or directions under this Act, a\npermittee, lessee or licensee shall:\n(a) control the flow and prevent the waste or escape in the permit\narea, lease area or licence area of petroleum or water;\n(b) prevent the escape in the permit area, lease area or licence\narea of any mixture of water or drilling fluid with petroleum or\nany other matter;\n(c) prevent damage to petroleum-bearing strata in an area,\nwhether in the adjacent area or not, in respect of which the\npermit, lease or licence is not in force;\n(d) keep separate:\n(i) each petroleum pool discovered in the permit area, lease\narea or licence area; and\n\nPetroleum (Submerged Lands) Act 1981 94\n(ii) such of the sources of water, if any, discovered in that\narea as the Minister, by notice in writing served on that\nperson, directs; and\n(e) prevent water or any other matter entering any petroleum pool\nthrough wells in the permit area, lease area or licence area\nexcept when required by, and in accordance with, good oilfield\npractice.\n(3) A pipeline licensee shall operate a pipeline in a proper and\nworkmanlike manner and shall secure the safety, health and\nwelfare of persons engaged in operations in connection with the\n(4) In particular, and without limiting the generality of subsection (3), a\npipeline licensee shall prevent the waste or escape of petroleum or\nwater from a pipeline or from any secondary line, pumping station,\ntank station, valve station or water line.\n(5) A person who is the holder of a special prospecting authority or an\naccess authority shall carry out all petroleum exploration operations\nin the area in respect of which the special prospecting authority or\naccess authority is in force in a proper and workmanlike manner\nand in accordance with good oilfield practice and shall secure the\nsafety, health and welfare of persons engaged in those operations\nin or about that area.\n\nPetroleum (Submerged Lands) Act 1981 95\n(7) It is a defence if a person charged with failing to comply with a\nprovision of this section, or a defendant in an action arising out of a\nfailure by the defendant to comply with a provision of this section,\nproves that he took all reasonable steps to comply with that\nprovision.\n","sortOrder":109},{"sectionNumber":"97A","sectionType":"section","heading":"Conditions relating to insurance","content":"97A Conditions relating to insurance\n(1) The holder of a permit, lease, licence or pipeline licence shall\nmaintain, as directed by the Minister from time to time, insurance\nagainst expenses or liabilities or specified things arising in\nconnection with, or as a result of, the carrying out of work, or the\ndoing of any other thing, under the permit, lease, licence or pipeline\nlicence, including expenses of complying with directions with\nrespect to the clean-up or other remedying of the effects of the\nescape of petroleum.\n(2) The conditions subject to which a special prospecting authority or\naccess authority is granted may include a condition that the holder\nmaintain, as directed by the Minister from time to time, insurance\nagainst expenses or liabilities or specified things arising in\nconnection with, or as a result of, the carrying out of work, or the\ndoing of any other thing, under the authority, including expenses of\ncomplying with directions with respect to the clean-up or other\nremedying of the effects of the escape of petroleum.\n(a) a permit, lease, licence or pipeline licence was in force\nimmediately before the commencement;\n(b) the Minister has required the holder to maintain insurance\nunder subsection (1); and\n(c) the Minister is satisfied that the required insurance is in effect;\nthe Minister shall issue a certificate that he is so satisfied.\n(4) Where the Minister issues a certificate under subsection (3), any\nsecurity in force in relation to the permit, lease, licence or pipeline\nlicence, being a security that was required under this Act before the\ncommencement of this section, is discharged.\n(5) The discharge of a security under subsection (4) has no effect on\nany liability arising under or in relation to the security before its\ndischarge.\n\nPetroleum (Submerged Lands) Act 1981 96\n","sortOrder":110},{"sectionNumber":"98","sectionType":"section","heading":"Maintenance, &c., of property","content":"98 Maintenance, &c., of property\n(1) In this section:\noperations area:\n(a) in relation to an operator who is a permittee, lessee or\nlicensee – means a permit area, lease area or licence area, as\nthe case may be;\n(b) in relation to an operator who is a pipeline licensee – means\nthe part of an adjacent area in which a pipeline is constructed;\nand\n(c) in relation to an operator who is the holder of a special\nprospecting authority or access authority – means the area in\nrespect of which that authority is in force.\noperator means the permittee, lessee, licensee, pipeline licensee\nor holder of a special prospecting authority or access authority.\n(2) An operator shall maintain in good condition and repair all\nstructures, equipment and other property in an operations area and\nused in connection with the operations in which he is engaged.\n(3) An operator shall remove from an operations area all structures,\nequipment or other property that are not either used or to be used\nin connection with the operations in which he is engaged.\n(4) Subsections (2) and (3) do not apply in relation to any structure,\nequipment or other property that was not brought into the\noperations area by or with the authority of the operator.\n","sortOrder":111},{"sectionNumber":"99","sectionType":"section","heading":"Sections 97 and 98 to have effect subject to this Act, &c.","content":"99 Sections 97 and 98 to have effect subject to this Act, &c.\nSections 97 and 98 have effect subject to:\n(a) any other provisions of this Act;\n\nPetroleum (Submerged Lands) Act 1981 97\n(b) the Regulations;\n(c) a direction under section 101; and\n(d) any other law.\n","sortOrder":112},{"sectionNumber":"100","sectionType":"section","heading":"Drilling near boundaries","content":"100 Drilling near boundaries\n(1) A permittee, lessee or licensee shall not make a well any part of\nwhich is less than 300 metres from the boundary of the permit area,\nlease area or licence area, as the case may be, except with the\nconsent in writing of the Minister and in accordance with such\nconditions, if any, as are specified in the notice of consent.\n(2) Where a permittee, lessee or licensee does not comply with\nsubsection (1), the Minister may, by notice in writing served on the\npermittee, lessee or licensee, as the case may be, direct him to do\none or more of the following, within the period specified in the\nnotice:\n(a) plug the well;\n(b) close off the well; and\n(c) comply with such directions relating to the making or\nmaintenance of the well as are specified in the notice.\n","sortOrder":113},{"sectionNumber":"101","sectionType":"section","heading":"Directions","content":"101 Directions\n(1) The Minister may, by notice in writing served on the registered\nholder of a permit, lease, licence, pipeline licence, special\nprospecting authority or access authority, give to the registered\nholder a direction as to any matter in respect of which regulations\nmay be made.\n\nPetroleum (Submerged Lands) Act 1981 98\n(2) A direction given under this section to a registered holder applies to\nthe registered holder and may also be expressed to apply to:\n(a) a specified class of persons, being a class constituted by or\nincluded in one or both of the following classes of persons:\n(i) servants or agents of, or persons acting on behalf of, the\nregistered holder;\n(ii) persons performing work or services, whether directly or\nindirectly, for the registered holder; or\n(b) a person (not being a person to whom the direction applies\notherwise than in accordance with this paragraph) who is in\nthe adjacent area for any reason touching, concerning, arising\nout of or connected with the exploration of the sea-bed or\nsubsoil of the adjacent area for petroleum or the exploitation of\nthe natural resources, being petroleum, of that sea-bed or\nsubsoil or is in, on, above, below or in the vicinity of a vessel,\naircraft, structure or installation, or equipment or other\nproperty, that is in the adjacent area for a reason of that kind,\nand where a direction so expressed is given, the direction shall be\ndeemed to apply to each person included in that specified class or\nto each person who is in the adjacent area as mentioned in\nparagraph (b), as the case may be.\n(2A) Where a direction under this section applies to a registered holder\nand to a person referred to in subsection (2)(a), the registered\nholder shall cause a copy of the instrument by which the direction\nwas given to be given to that other person or to be exhibited at a\nprominent position at a place in an adjacent area frequented by that\nother person.\n\nPetroleum (Submerged Lands) Act 1981 99\n(2B) Where a direction under this section applies to a registered holder\nand to a person referred to in subsection (2)(b), the registered\nholder shall cause a copy of the instrument by which the direction\nwas given to be exhibited at a prominent position at a place in an\nadjacent area.\n(2C) Where a direction under this section applies to a registered holder\nand to a person referred to in subsection (2)(b), the Minister may,\nby notice in writing given to the registered holder, require him to\ncause to be displayed at such places in an adjacent area, and in\nsuch manner, as are specified in the notice, copies of the\ninstrument by which the direction was given, and the registered\nholder shall comply with that requirement.\n(3) The Minister shall not give a direction of a standing or permanent\nnature except after consultation with the Minister of State for the\ntime being administering the Commonwealth Act, but the validity of\na direction of the Minister shall not be called in question by reason\nonly of a failure to comply with this subsection.\n(4) A direction under this section has effect and shall be complied with\nnotwithstanding any previous direction under this section.\n(5) A direction under this section has effect and shall be complied with\nnotwithstanding anything in the Regulations or the applied\nprovisions.\n(6) Section 169(3) and (4) apply in relation to directions made under\nthis section in like manner as they apply to the Regulations.\n(7) A person who fails to comply with a direction in force under\nsubsection (1) that applies to the person is guilty of an offence.\n\nPetroleum (Submerged Lands) Act 1981 100\n(8) Where:\n(a) a direction given under this section applies to a registered\nholder and another person and that other person is\nprosecuted for an offence against subsection (7) in relation to\nthe direction; and\n(b) the person adduces evidence that he did not know, and could\nnot reasonably be expected to have known, of the existence of\nthe direction,\nhe shall not be found guilty of the offence unless the prosecutor\nproves that the person knew, or could reasonably be expected to\nhave known, of the existence of the direction.\n","sortOrder":114},{"sectionNumber":"102","sectionType":"section","heading":"Compliance with directions","content":"102 Compliance with directions\n(1) Where a person does not comply with a direction given or\napplicable to him under this Part or the Regulations the Minister\nmay do all or any of the things required by the direction to be done.\n(2) Costs and expenses incurred by the Minister under subsection (1)\nin relation to a direction are a debt due by the person to whom the\ndirection was given or was applicable to the Territory and are\nrecoverable in a court of competent jurisdiction.\n(2A) Where:\n(a) a direction given under section 101 applies to a permittee,\nlessee, licensee, pipeline licensee or the holder of a special\nprospecting authority or access authority and another person\nand an action under subsection (2) relating to the direction is\nbrought against that other person; and\n(b) the person adduces evidence that the person did not know,\nand could not reasonably be expected to have known, of the\nexistence of the direction,\nthe person is not liable under subsection (2) unless the plaintiff\nproves that the person knew, or could reasonably be expected to\nhave known, of the existence of the direction.\n(3) It is a defence if a person charged with failing to comply with a\ndirection given or applicable to him under this Part or under the\nRegulations or a defendant in an action under subsection (2)\nproves that he took all reasonable steps to comply with the\ndirection.\n\nPetroleum (Submerged Lands) Act 1981 101\n","sortOrder":115},{"sectionNumber":"103","sectionType":"section","heading":"Exemption","content":"103 Exemption\n(a) a permit, lease or licence is under this Part, deemed to\ncontinue in force until the Minister grants, or refuses to grant,\nthe renewal of the permit, lease or licence;\n(b) a licence is varied under section 45;\n(c) a licensee enters into an agreement under section 59 or a\ndirection is given to a licensee under that section;\n(d) a permit, lease or licence is partly cancelled, partly determined\nor surrendered as to one or more but not all of the blocks in\nrespect of which it is in force;\n(e) a pipeline licence is varied under section 71 or 72;\n(f) a direction is given to a pipeline licensee under section 73;\n(g) a pipeline licence is partly cancelled;\n(h) an access authority is granted in respect of a block the subject\nof a permit, lease or licence, or an access authority as in force\nin respect of such a block is varied;\n(j) a permittee, lessee, licensee, pipeline licensee or the holder of\na special prospecting authority or access authority applies, by\nnotice in writing served on the Minister:\n(i) for a variation or suspension; or\n(ii) for exemption from compliance with,\nany of the conditions to which the permit, lease, licence,\npipeline licence, special prospecting authority or access\nauthority is subject; or\n(k) the Minister under this Part or the Regulations gives a\ndirection or consent to a permittee, lessee, licensee, pipeline\nlicensee or the holder of a special prospecting authority or\naccess authority,\nthe Minister may, at any time, by notice in writing served on the\npermittee, lessee, licensee, pipeline licensee or the holder of the\nspecial prospecting authority or access authority:\n(m) vary or suspend; or\n\nPetroleum (Submerged Lands) Act 1981 102\n(n) exempt the permittee, lessee, licensee, pipeline licensee or\nthe holder of the special prospecting authority or access\nauthority from compliance with,\nany of the conditions to which the permit, lease, licence, pipeline\nlicence, special prospecting authority or access authority is subject,\nupon such conditions, if any, as the Minister determines and\nspecifies in the notice.\n(2) Subsection (1) does not authorize the making of an instrument to\nthe extent that it would affect the term of a permit, lease or licence.\n(3) Where, in pursuance of subsection (1), the Minister suspends, or\nexempts the permittee or lessee from compliance with, any of the\nconditions to which a permit or lease is subject, the Minister may, if\nhe or she considers that circumstances make it reasonable to do\nso, in the notice of suspension or exemption or by a later notice in\nwriting served on the permittee or lessee, extend the term of the\npermit or lease by a period not exceeding the period of suspension\nor exemption.\n","sortOrder":116},{"sectionNumber":"104","sectionType":"section","heading":"Surrender of permits, &c.","content":"104 Surrender of permits, &c.\n(1) The registered holder of an instrument, being a permit, lease,\nlicence or pipeline licence may, at any time, by application in writing\nserved on the Minister, apply for consent to surrender the\ninstrument:\n(a) in the case of a permit or licence – as to all or some of the\nblocks in respect of which it is in force;\n(aa) in the case of a lease – as to all of the blocks in respect of\nwhich it is in force; or\n(b) in the case of a pipeline licence – as to the whole or a part of\nthe pipeline in respect of which it is in force.\n(2) Subject to subsection (3), the Minister shall not give his consent to\na surrender of an instrument under subsection (1) unless the\nregistered holder:\n(a) has paid all fees and amounts payable by him under this Act,\nor has made arrangements that are satisfactory to the Minister\nfor the payment of those fees and amounts;\n(b) has complied with the conditions to which the instrument is\nsubject and with the provisions of this Part and of the\nRegulations;\n\nPetroleum (Submerged Lands) Act 1981 103\n(c) has, to the satisfaction of the Minister, removed or caused to\nbe removed from the area to which the surrender relates all\nproperty brought into that area by any person engaged or\nconcerned in the operations authorized by the instrument, or\nhas made arrangements that are satisfactory to the Minister\nwith respect to that property;\n(d) has, to the satisfaction of the Minister, plugged or closed off all\nwells made in the area by any person engaged or concerned\nin the operations authorized by the instrument;\n(e) subject to this Part and to the Regulations, has made\nprovision, to the satisfaction of the Minister, for the\nconservation and protection of the natural resources in the\narea; and\n(f) has, to the satisfaction of the Minister, made good any\ndamage to the sea-bed or subsoil in the area caused by any\nperson engaged or concerned in the operations authorized by\nthe instrument.\n(3) Where the registered holder of an instrument, being a permit, lease,\nlicence or pipeline licence, has not complied with the conditions to\nwhich the instrument is subject and with the provisions of this Part\nand of the Regulations, the Minister may give his consent to a\nsurrender of the instrument under subsection (1) if he is satisfied\nthat, although the registered holder has not so complied, special\ncircumstances exist that justify the giving of consent to the\nsurrender.\n(4) Where the Minister consents to an application under subsection (1),\nthe applicant may, by notice in writing served on the Minister,\nsurrender the instrument accordingly.\n(5) In this section, the area to which the surrender relates means:\n(a) in relation to a surrender of a permit, lease or licence – the\narea constituted by the blocks as to which the permit, lease or\nlicence is proposed to be surrendered; and\n(b) in relation to a surrender of a pipeline licence – the part of an\nadjacent area in which the pipeline, or the part of the pipeline,\nas to which the pipeline licence is proposed to be surrendered,\nis constructed.\n\nPetroleum (Submerged Lands) Act 1981 104\n","sortOrder":117},{"sectionNumber":"105","sectionType":"section","heading":"Cancellation of permits, &c.","content":"105 Cancellation of permits, &c.\n(1) Where a permittee, lessee, licensee or pipeline licensee:\n(a) has not complied with a condition to which a permit, lease,\nlicence or pipeline licence is subject;\n(b) has not complied with a direction given to him under this Part\nby the Minister;\n(c) has not complied with a provision of this Part or of the\nRegulations; or\n(d) has not paid any amount payable by him under the Act, within\na period of 3 months after the day on which the amount\nbecame payable,\nthe Minister may, on that ground, by notice in writing served on the\npermittee, lessee, licensee or pipeline licensee, as the case may\nbe:\n(e) in the case of a permit or licence – cancel the permit or licence\nas to all or some of the blocks in respect of which it is in force;\n(ea) in the case of a lease – cancel the lease as to all the blocks in\nrespect of which it is in force; or\n(f) in the case of a pipeline licence – cancel the pipeline licence\nas to the whole or a part of the pipeline in respect of which it is\nin force.\n(2) The Minister shall not, under subsection (1), cancel a permit,\nlicence or pipeline licence as to all or some of the blocks, or as to\nthe whole or a part of the pipeline, in respect of which it is in force,\nor cancel a lease as to all of the blocks in respect of which it is in\nforce, on a ground referred to in that subsection unless:\n(a) he has, by notice in writing served on the permittee, lessee,\nlicensee or pipeline licensee, as the case may be, given not\nless than one month's notice of his intention so to cancel the\npermit, lease, licence or pipeline licence on that ground;\n(c) he has, in the notice, specified a date on or before which the\npermittee, lessee, licensee or pipeline licensee or a person on\nwhom a copy of the notice is served may, by notice in writing\nserved on the Minister, submit any matters that he wishes the\n\nPetroleum (Submerged Lands) Act 1981 105\n(d) he has taken into account:\n(i) any action taken by the permittee, lessee, licensee or\npipeline licensee, as the case may be, to remove that\nground or to prevent the recurrence of similar grounds;\nand\n(ii) any matters so submitted to him on or before the\nspecified date by the permittee, lessee, licensee or\npipeline licensee or by a person on whom a copy of the\nfirst-mentioned notice has been served.\n","sortOrder":118},{"sectionNumber":"106","sectionType":"section","heading":"Cancellation of permit, &c., not affected by other provisions","content":"106 Cancellation of permit, &c., not affected by other provisions\n(1) A permit, licence or pipeline licence may be wholly cancelled or\npartly cancelled, and a lease may be wholly cancelled, on the\nground that the registered holder of the permit, lease, licence or\npipeline licence has not complied with a provision of this Part or of\nthe Regulations notwithstanding that he has been found guilty of an\noffence by reason of his failure to comply with the provisions.\n(2) A person who was the registered holder of a permit, lease, licence\nor pipeline licence that has been wholly cancelled, or is the\nregistered holder of a permit, licence or pipeline licence that has\nbeen partly cancelled, on the ground that he has not complied with\na provision of this Part or of the Regulations may be found guilty of\nan offence by reason of his failure to comply with the provision,\nnotwithstanding that the permit, lease, licence or pipeline licence\nhas been so cancelled.\n(3) A permit, licence or pipeline licence may be wholly cancelled or\npartly cancelled, and a lease may be wholly cancelled, on the\nground that the registered holder of the permit, lease, licence or\npipeline licence had not paid an amount payable by him under this\nAct within a period of 3 months after the day on which the amount\nbecame payable, notwithstanding that judgment for the amount has\nbeen obtained or that the amount, or any part of the amount, has\nbeen paid or recovered.\n(4) A person who was the registered holder of a permit, lease, licence\nor pipeline licence that has been wholly cancelled, or is the\nregistered holder of a permit, licence or pipeline licence that has\nbeen partly cancelled, on the ground that he has not paid an\namount payable by him under this Act within a period of 3 months\nafter the day on which the amount became payable continues to be\nliable to pay that amount, together with any additional amount\npayable by reason of late payment of that amount, notwithstanding\nthat the permit, lease, licence or pipeline licence has been so\ncancelled.\n\nPetroleum (Submerged Lands) Act 1981 106\n","sortOrder":119},{"sectionNumber":"107","sectionType":"section","heading":"Removal of property etc. by permittee etc.","content":"107 Removal of property etc. by permittee etc.\n(aa) a permit or licence has been wholly determined, partly\ndetermined, wholly cancelled or partly cancelled, or has\nexpired;\n(ab) a pipeline licence has been wholly determined, partly\ndetermined, wholly cancelled or partly cancelled, or has been\nterminated; or\n(ac) a lease has been wholly determined, partly determined or\nwholly cancelled, or has expired,\nthe Minister may, by notice in writing served on the person who is\nor was the permittee, licensee, pipeline licensee or lessee (as the\ncase requires), direct that person to do any one or more of the\nfollowing things:\nconcerned in the operations authorized by the permit, lease,\nlicence or pipeline licence or to make arrangements that are\n(b) to plug or close off, to the satisfaction of the Minister, all wells\nmade in that area by any person engaged or concerned in\nthose operations;\n(c) subject to this Part and to the Regulations, to make provision,\n(d) to make good, to the satisfaction of the Minister, any damage\n(2) The Minister may, by notice in writing served on a permittee,\nlessee, licensee or pipeline licensee, direct the permittee, lessee,\nlicensee or pipeline licensee to do any one or more of the following\nthings:\n(a) to remove or cause to be removed from the permit area, lease\narea, licence area or part of the adjacent area in which the\npipeline is constructed, as the case may be, all property\nbrought into that area or part by any person engaged or\nconcerned in the operations authorized by the permit, lease,\nlicence or pipeline licence or to make arrangements that are\n\nPetroleum (Submerged Lands) Act 1981 107\n(b) to plug or close off, to the satisfaction of the Minister, all wells\nmade in that area or part by any person engaged or\nconcerned in those operations;\n(c) subject to this Part and to the Regulations, to make provision,\nprotection of the natural resources in that area or part; and\n(d) to make good, to the satisfaction of the Minister, any damage\nto the sea-bed or subsoil in that area or part caused by any\nperson engaged or concerned in those operations.\n(3) A person to whom a direction is given under subsection (1) or (2)\nshall comply with the direction:\n(a) in the case of a direction given under subsection (1) – within\nthe period specified in the notice by which the direction was\ngiven; or\n(b) in the case of a direction given under subsection (2) – on or\nbefore the date of expiration of the permit, lease, licence or\npipeline licence concerned.\n","sortOrder":120},{"sectionNumber":"108","sectionType":"section","heading":"Removal of property etc. by Minister","content":"108 Removal of property etc. by Minister\nIf:\n(aa) a permit or licence has been wholly determined, partly\ndetermined, wholly cancelled or partly cancelled, or has\nexpired;\n(ab) a pipeline licence has been wholly determined, partly\ndetermined, wholly cancelled or partly cancelled, or has been\nterminated; or\n(ac) a lease has been wholly determined, partly determined or\nwholly cancelled, or has expired,\n\nPetroleum (Submerged Lands) Act 1981 108\nand, in respect of the permit, licence, pipeline licence or lease, a\ndirection under section 107 has not been complied with, or an\narrangement under that section has not been carried out, in relation\nto a relinquished area:\n(a) the Minister may do all or any of the things required by the\ndirection or arrangement to be done; and\n(b) if any property brought into that area by any person engaged\nor concerned in the operations authorized by the permit,\nlease, licence or pipeline licence has not been removed in\naccordance with the direction or arrangement, the Minister\nmay, by instrument published in the Gazette, direct that the\nowner or owners of that property shall remove it from that\narea, or dispose of it to the satisfaction of the Minister, within\nthe period specified in the notice and shall serve a copy of the\nnotice on each person whom he or she believes to be the\nowner of that property or any part of that property.\n","sortOrder":121},{"sectionNumber":"109","sectionType":"section","heading":"Payment by instalments","content":"109 Payment by instalments\n(1) The Minister and a person who may request, or has requested, that\na permit under section 27 or a licence under section 50 be granted\nto him may enter into an agreement in writing for or in relation to the\npayment, by instalments, of the amount to be paid in respect of the\ngrant of the permit or licence, together with interest at the rate that\nis the specified rate from time to time on so much of that amount as\nfrom time to time remains unpaid.\n(2) For the purposes of subsection (1), the specified rate is 10% per\nannum or, if a lower rate is prescribed, that lower rate.\n(3) The period specified in an agreement under this section as the\nperiod within which an amount payable by instalments is to be paid\nshall not be greater than 21 years.\n(4) Where a person enters into an agreement under this section for or\nin relation to the payment of an amount in respect of the grant of a\npermit or licence, any instalment or interest that is due under the\nagreement and has not been paid is payable by the registered\nholder of the permit or licence, as the case may be.\n","sortOrder":122},{"sectionNumber":"110","sectionType":"section","heading":"Penalty for late payments of instalments, &c.","content":"110 Penalty for late payments of instalments, &c.\n(1) Where the liability of a person under section 109 to pay an amount,\nbeing an instalment or any interest, is not discharged at or before\nthe time when the amount is payable, there is payable by that\nperson an additional amount calculated at the rate of one-third of\n1% per day upon so much of the first-mentioned amount as from\ntime to time remains unpaid, to be computed from the time when\n\nPetroleum (Submerged Lands) Act 1981 109\nthe first-mentioned amount became payable until it is paid.\n(2) The Minister may, in a particular case, remit the whole or part of an\namount payable under this section.\n","sortOrder":123},{"sectionNumber":"111","sectionType":"section","heading":"Special prospecting authorities","content":"111 Special prospecting authorities\n(1) A person may make an application to the Minister for the grant of a\nspecial prospecting authority in respect of a block or blocks in\nrespect of which a permit, lease or licence is not in force.\n(c) shall specify the operations that the applicant proposes to\ncarry on and the block or blocks in respect of which the\napplicant proposes to carry on those operations; and\n(3) The Minister may:\n(a) grant to the applicant a special prospecting authority subject to\nsuch conditions as the Minister thinks fit and specifies in the\nauthority; or\n(b) refuse to grant the application.\n(4) A special prospecting authority, while it remains in force, authorizes\nthe holder, subject to this Act and the Regulations and in\naccordance with the conditions to which the special prospecting\nauthority is subject, to carry on in the blocks specified in the special\nprospecting authority the petroleum exploration operations so\n(5) Nothing in a special prospecting authority authorizes the holder to\nmake a well.\n(6) A special prospecting authority comes into force on the day\nspecified for the purpose in the authority and, unless surrendered or\ncancelled, remains in force for such period, not exceeding\n6 months, as is so specified.\n(6A) A special prospecting authority is not capable of being transferred.\n\nPetroleum (Submerged Lands) Act 1981 110\n(6B) Where:\n(a) a person holds a special prospecting authority in respect of a\nblock; and\n(b) another special prospecting authority is granted to another\nperson in respect of the block,\nthe Minister shall, by notice in writing served on each of those\npersons, inform each of them of:\n(c) the petroleum exploration operations authorized by the special\nprospecting authority granted to the other person; and\n(d) the conditions to which the special prospecting authority\ngranted to the other person is subject.\n(7) A special prospecting authority:\n(a) may be surrendered by the holder at any time by notice in\nwriting served on the Minister; and\n(b) may, if the holder has not complied with a condition to which\nthe authority is subject, be cancelled by the Minister by notice\nin writing served on the holder.\n(8) Where a special prospecting authority has been surrendered or\ncancelled or has expired, the Minister may, by notice in writing\nserved on the person who was the holder of the special prospecting\nauthority, direct that person to do any one or more of the following\nthings:\nconcerned in the operations authorized by the special\nprospecting authority or to make arrangements that are\n(b) subject to this Part and to the Regulations, to make provision,\n(c) to make good, to the satisfaction of the Minister, any damage\n\nPetroleum (Submerged Lands) Act 1981 111\n(9) A person to whom a direction is given under subsection (8) shall\n(10) Section 108 applies to and in relation to a special prospecting\nauthority as if:\n(a) a reference in that section to a permit were a reference to a\nspecial prospecting authority; and\n(b) a reference in that section to a direction or an arrangement\nunder section 107 were a reference to a direction or an\narrangement under subsection (8).\n","sortOrder":124},{"sectionNumber":"112","sectionType":"section","heading":"Access authorities","content":"112 Access authorities\n(1) A permittee, lessee or licensee may make an application to the\nMinister for the grant of an access authority to enable him to carry\non in an area, being part of an adjacent area that is not part of a\npermit area, lease area or licence area, petroleum exploration\noperations or operations related to the recovery of petroleum in or\nfrom the permit area, lease area or licence area.\n(1A) A holder of a State title may make an application to the Minister for\nthe grant of an access authority to enable the holder to carry on, in\na part of the adjacent area, petroleum exploration operations or\noperations related to the recovery of petroleum in or from the area\nto which that State title relates.\n(1B) The holder of a special prospecting authority may make an\napplication to the Minister for the grant of an access authority to\nenable the applicant to carry on petroleum exploration operations in\nan area, being part of the adjacent area not included in any block\nthat is the subject of the special prospecting authority.\n(1C) The holder of a permit, lease, licence or special prospecting\nauthority may make an application to the Minister for the grant of an\naccess authority to enable the applicant to carry on, in a block or\nblocks within an adjoining adjacent area:\n(a) petroleum exploration operations; or\n\nPetroleum (Submerged Lands) Act 1981 112\n(b) where the applicant is the holder of a permit, lease or licence,\noperations related to the recovery of petroleum in or from any\nblock within the adjacent area that is the subject of the permit,\nlease or licence.\n(c) shall specify the operations that the applicant proposes to\ncarry on and the area in which the applicant proposes to carry\non those operations; and\n(d) may set out any other matters that the applicant wishes the\n(3) The Minister may:\n(a) if he is satisfied that it is necessary or desirable to do so for\nthe more effective exercise of the rights, or for the proper\nperformance of the duties, of a permittee, lessee, licensee,\nholder of a special prospecting authority or holder of a state\ntitle who has made an application under this section, grant to\nhim an access authority subject to such conditions as the\nMinister thinks fit and specifies in the access authority; and\n(b) at any time, by notice in writing served on the registered\nholder of an access authority so granted, vary the access\nauthority.\n(4) Subject to subsection (4AA), the Minister shall not grant an access\nauthority on an application made under a provision of this section\nother than subsection (1C) in respect of a block that is the subject\nof a permit, lease, licence or special prospecting authority of which\nthe registered holder is a person other than the applicant, or vary\nsuch an access authority as in force in respect of a block that is the\nsubject of a permit, lease, licence or special prospecting authority of\nwhich the registered holder is a person other than the registered\nholder of the access authority, unless:\n(a) he has, by notice in writing served on that person, given not\nless than one month's notice of his intention to grant or vary,\nas the case may be, the access authority;\n(b) he has served a copy of the notice:\n(i) on such other persons, if any, as he thinks fit; and\n\nPetroleum (Submerged Lands) Act 1981 113\n(ii) in a case where he intends to vary an access authority –\non the registered holder of the access authority;\n(i) given particulars of the access authority proposed to be\ngranted, or of the variation proposed to be made, as the\ncase may be; and\n(ii) specified a date on or before which a person on whom\nthe notice, or a copy of the notice, is served may, by\n(d) he has taken into account any matters submitted to him under\nparagraph (c) on or before the specified date by a person on\nwhom the first-mentioned notice, or a copy of that notice, has\nbeen served.\n(4AA) Subsection (4) does not apply if the holder of the permit, lease,\nlicence or special prospecting authority has consented in writing to\nthe grant of the access authority.\n(4A) The Minister shall not grant or vary an access authority on an\napplication under subsection (1C) without the approval of the\nMinister of State administering the corresponding law in respect of\nthe adjoining adjacent area within which the block or blocks to be\nspecified in the access authority is or are situated.\n(4B) Where the approval of the Minister is sought in respect of:\n(a) an application under a corresponding law for the grant of an\naccess authority in respect of a block within the adjacent area\nthat is the subject of a permit, lease, licence or special\nprospecting authority of which the registered holder is a\nperson other than the applicant; or\n(b) a proposal to vary an access authority granted on an\napplication under a corresponding law in respect of a block\nwithin the adjacent area that is the subject of a permit, lease,\nlicence or special prospecting authority of which the registered\nholder is a person other than the registered holder of the\naccess authority,\nthe Minister shall not approve the grant or the variation unless:\n(c) the Minister has, by instrument in writing served on that\nperson, given not less than one month's notice of the intention\nto grant or vary, as the case may be, the access authority;\n\nPetroleum (Submerged Lands) Act 1981 114\n(d) a copy of the instrument has been served:\n(i) on such other persons, if any, as the Minister thinks fit;\nand\n(ii) where it is proposed to vary an access authority – on the\nregistered holder of the access authority;\n(e) the instrument gives:\n(i) particulars of the access authority that it is proposed to\ngrant or vary, as the case may be; and\n(ii) notice that a person on whom the instrument, or a copy\nof the instrument, has been served may, by instrument in\nwriting served on the Minister on or before the date\nspecified in the instrument, submit any matters that the\nperson wishes the Minister to consider; and\n(f) the Minister has taken into account any matters submitted in\naccordance with the notice referred to in paragraph (e)(ii).\n(5) An access authority, while it remains in force, authorizes the holder,\nsubject to this Act and the Regulations and in accordance with the\nconditions to which the access authority is subject, to carry on, in\nthe area specified in the access authority, the operations so\n(6) Nothing in an access authority authorizes the holder to make a well.\n(7) An access authority comes into force on the day specified for the\npurpose in the access authority and, unless surrendered or\ncancelled, remains in force for such period as is so specified but\nmay be extended by the Minister for a further period.\n(8) An access authority:\n(a) may be surrendered by the holder at any time by notice in\nwriting served on the Minister; and\n(b) may be cancelled by the Minister at any time by notice in\nwriting served on the holder and on any person in whose\npermit area, lease area or licence area operations may be\ncarried on in pursuance of the access authority.\n\nPetroleum (Submerged Lands) Act 1981 115\n(9) Where an access authority has been surrendered or cancelled or\nhas expired, the Minister may, by notice in writing served on the\nperson who was the holder of the access authority, direct that\nperson to do any one or more of the following things:\nconcerned in the operations authorized by the access\nauthority or to make arrangements that are satisfactory to the\nMinister with respect to that property;\n(b) subject to this Part and to the Regulations, to make provision,\n(c) to make good, to the satisfaction of the Minister, any damage\n(10) A person to whom a direction is given under subsection (9) shall\n(11) The holder of an access authority shall, if the access authority is in\nforce in respect of an area that consists of, or includes, a block that\nis the subject of a permit, lease or licence of which he is not the\nregistered holder, furnish to the registered holder of that permit,\nlease or licence, within 28 days after the end of each month during\nwhich the access authority is in force in respect of that block, a full\nreport, in writing, of the operations carried on in that block during\nthat month and a summary of the facts ascertained from those\noperations.\n(12) Section 108 applies to and in relation to an access authority as if:\n(a) a reference in that section to a permit were a reference to an\naccess authority; and\n\nPetroleum (Submerged Lands) Act 1981 116\n(b) a reference in that section to a direction or an arrangement\nunder section 107 were a reference to a direction or an\narrangement under subsection (9).\n(13) In this section:\nadjoining adjacent area means an adjacent area (within the\nmeaning of a corresponding law) that adjoins the adjacent area.\nState Title means an authority, however described, under a law of\nthe Commonwealth, Western Australia or Queensland, to explore\nfor, or to recover, petroleum.\n","sortOrder":125},{"sectionNumber":"113","sectionType":"section","heading":"Sale of property","content":"113 Sale of property\n(1) Where a direction under section 108 has not been complied with in\nrelation to any property, the Minister may do all or any of the\nfollowing things:\n(a) remove, in such manner as he thinks fit, all or any of that\nproperty from the relinquished area concerned;\n(b) dispose of, in such manner as he thinks fit, all or any of that\nproperty; and\n(c) if he has served a copy of the notice by which the direction\nwas given on a person whom he believed to be an owner of\nthat property or part of that property, sell, by public auction or\notherwise, as he thinks fit, all or any of that property that\nbelongs, or that he believes to belong, to that person.\n(2) The Minister may deduct from the proceeds of a sale held under\nsubsection (1) of property that belongs, or that he believes to\nbelong, to a particular person:\n(a) all or any part of any costs and expenses incurred by him\nunder that subsection in relation to that property;\n(b) all or any part of any costs and expenses incurred by him in\nrelation to the doing of any thing required by a direction under\nsection 107, 111 or 112, as the case may be, to be done by\nthat person; and\n(c) all or any part of any fees or amounts due and payable under\nthis Act by that person.\n\nPetroleum (Submerged Lands) Act 1981 117\n(3) Costs and expenses incurred by the Minister under subsection (1):\n(a) if incurred in relation to the removal, disposal or sale of a\nproperty, are a debt due by the owner of the property to the\nTerritory; or\n(b) if incurred in relation to the doing of any thing required by a\ndirection under section 107, 111 or 112, as the case may be,\nto be done by a person who is or was a permittee, lessee,\nlicensee, pipeline licensee or holder of a special prospecting\nauthority or access authority, are a debt due by that person to\nthe Territory,\nand, to the extent to which they are not recovered under\nsubsection (2), are recoverable in a court of competent jurisdiction.\n(4) Subject to subsection (3), no action lies in respect of the removal,\ndisposal or sale of property under this section.\n","sortOrder":126},{"sectionNumber":"115","sectionType":"section","heading":"Minister, &c., may require information to be furnished, &c.","content":"115 Minister, &c., may require information to be furnished, &c.\n(1) Where the Minister or an inspector has reason to believe that a\nperson is capable of giving information or producing documents\nrelating to petroleum exploration operations, operations for the\nrecovery of petroleum or operations connected with the\nconstruction or operation of a pipeline in an adjacent area, he may,\nby notice in writing served on that person, require that person:\n(a) to furnish to him in writing within the period and in the manner\nspecified in the notice, any such information; or\n(b) to attend before him or a person specified in the notice, at\nsuch time and place as is specified and there to answer\nquestions relating to those operations and to produce such\ndocuments relating to those operations as are specified.\n(2) A person is not excused from furnishing information, answering a\nquestion or producing a document when required to do so under\nthis section on the ground that the information so furnished, the\nanswer to the question or the production of the document might\ntend to incriminate him or make him liable to a penalty, but the\ninformation so furnished or his answer to the question is not\nadmissible in evidence against him in proceedings other than\nproceedings for an offence against section 117.\n","sortOrder":127},{"sectionNumber":"116","sectionType":"section","heading":"Power to examine on oath","content":"116 Power to examine on oath\nThe Minister or an inspector may examine on oath a person\nattending before the Minister or inspector under section 115.\n\nPetroleum (Submerged Lands) Act 1981 118\n","sortOrder":128},{"sectionNumber":"117","sectionType":"section","heading":"Failing to furnish information, &c.","content":"117 Failing to furnish information, &c.\nA person shall not:\n(a) refuse or fail to comply with a requirement in a notice under\nsection 115 to the extent to which he is capable of complying\nwith it;\n(b) in purported compliance with such a requirement, knowingly\nfurnish information that is to his knowledge, false or\nmisleading in a material particular; or\n(c) when attending before the Minister or an inspector in\npursuance of such a requirement, knowingly make a\nstatement or produce a document that is, to his knowledge,\nfalse or misleading in a material particular.\n","sortOrder":129},{"sectionNumber":"118","sectionType":"section","heading":"Release of information","content":"118 Release of information\n(1) The Minister may, at any time, make available to a Minister of State\nof the Commonwealth or of a State of the Commonwealth:\n(a) any information contained in a document to which this section\napplies that has been furnished to the Minister; and\n(b) any cores or cuttings from, or samples of, the sea-bed or\nsubsoil in a block, or samples of petroleum recovered in a\nblock, that have been furnished to the Minister.\n(1A) The Minister may, at any time after the grant or renewal, or refusal\nto grant or renew, a permit, lease, licence, pipeline licence, access\nauthority or special prospecting authority:\nany information contained in, or accompanying, the application for\nthe grant or renewal, as the case may be, but not including:\n(c) information of a kind referred to in subsection (2) or (5A); or\n\nPetroleum (Submerged Lands) Act 1981 119\n(d) particulars of:\n(i) the technical qualifications of the applicant and of the\nemployees of the applicant;\n(ii) the technical advice available to the applicant; or\n(iii) the financial resources available to the applicant.\n(2) The Minister may, at any time after the relevant day:\nany information contained in a document to which this section\napplies that has been furnished to the Minister, being information\nthat relates to the sea-bed or subsoil, or to petroleum, in a block,\nbut not including any matter contained in a document to which this\nsection applies that, in the opinion of the Minister, is a conclusion\ndrawn, in whole or in part, from, or an opinion based, in whole or in\npart, on, any such information.\n(3) The Minister may, at any time after the relevant day:\n(a) make publicly known any particulars of; or\nRegulations, permit that person to inspect,\nany cores or cuttings from, or samples of, the sea-bed or subsoil in\na block, or samples of petroleum recovered in a block, that have\nbeen furnished to the Minister or have been made available to the\nMinister under subsection (1).\n(4) For the purposes of subsections (2) and (3):\n(a) where:\n(i) a permit or lease is in force in respect of the block; and\n(ii) the document, core, cutting or sample was furnished to\nthe Minister during the period during which any of the\nfollowing were in force in respect of the block:\n(A) the permit or lease;\n\nPetroleum (Submerged Lands) Act 1981 120\n(B) in a case where a lease is in force in respect of the\nblock – the permit that ceased to be in force in\nrespect of the block by virtue of section 38B(7) on\nthe day on which the lease came into force,\nthe relevant day is the day on which the period of\n2 years that commenced on the day on which the\nMinister expires;\n(b) where:\n(i) a licence is in force in respect of the block; and\n(ii) the document, core, cutting or sample was furnished to\nthe Minister during the period during which any of the\nfollowing were in force in respect of the block:\n(A) the licence;\n(B) the permit or lease that ceased to be in force in\nrespect of the block by virtue of section 44(5) on\nthe day on which the licence came into force,\nthe relevant day is the day on which the period of\n12 months that commenced on the day on which the\nMinister expires;\n(c) where the document, core, cutting or sample was furnished to\nthe Minister during a period during which a permit, lease or\nlicence was in force in respect of the block and:\n(i) the permit, lease or licence is surrendered, cancelled or\ndetermined as to the block; or\n(ii) the permit, lease or licence expires but is not renewed in\nrespect of the block,\nthe relevant day is the day on which the permit, lease or\nlicence is so surrendered, cancelled or determined or expires,\nas the case may be, whether another permit, lease or licence\nis subsequently in force in respect of the block or not;\n(d) where:\n(i) the document, core, cutting or sample was furnished to\nthe Minister at a time when a permit, lease or licence\nwas not in force in respect of the block; and\n\nPetroleum (Submerged Lands) Act 1981 121\n(ii) the information in the document or the core, cutting or\nsample was collected for the purpose of the sale of\ninformation on a non-exclusive basis,\nthe relevant day is the day determined by the Minister, being a\nday not more than 5 days after the day on which the\nMinister; and\n(e) where:\n(i) the document, core, cutting or sample was furnished to\nthe Minister at a time when a permit, lease or licence\nwas not in force in respect of the block; and\n(ii) paragraph (d)(ii) does not apply,\nthe relevant day is the day determined by the Minister, being a\nday not more than 2 years after the day on which the\n(a) a document, core, cutting or sample referred to in\nsubsection (1) was furnished to the Minister:\n(i) during or in respect of a period during which a permit,\nlease or licence was in force in respect of a block; or\n(ii) during or in respect of a period during which a special\nprospecting authority or access authority was in force in\nrespect of a block but during which a permit, lease or\nlicence was not in force in respect of the block; and\n(b) the permittee, lessee, licensee or holder of a special\nprospecting authority or access authority or, if the permit,\nlease, licence, special prospecting authority or access\nauthority has ceased to be in force, the person who was the\nholder of the permit, lease, licence, special prospecting\nauthority or access authority:\n(i) has made publicly known any information contained in\nthe document or has consented in writing to any of that\ninformation being made publicly known; or\n(ii) has made publicly known any particulars of that core,\ncutting or sample or has consented in writing to any\nparticulars of that core, cutting or sample being made\npublicly known or to that core, cutting or sample being\n\nPetroleum (Submerged Lands) Act 1981 122\nmade available for inspection,\nthe Minister to whom that information, core, cutting or sample has\nbeen made available under subsection (1) may, at any time after\nthat information has, or those particulars have, been made publicly\nknown or after that consent has been given:\n(c) make publicly known that information or, on request by\nanother person and, if the Minister so requires, on payment of\na fee calculated in accordance with the Regulations, make\nthat information available to that other person; or\n(d) make publicly known those particulars or, on request by any\nother person and, if the Minister so requires, on payment of a\nfee calculated in accordance with the Regulations, permit that\nother person to inspect that core, cutting or sample,\nas the case may be.\n(5A) Subject to subsection (5F), the Minister may, at any time after\n5 years after a document to which this section applies was\nfurnished to him:\nany information contained in the document, being information that\nrelates to the sea-bed or subsoil, or to petroleum, in a block, and\nthat, in the opinion of the Minister, is a conclusion drawn, in whole\nor in part, from, or an opinion based, in whole or in part, on any\nsuch information.\n(5B) Before the Minister makes available or publicly known any\ninformation pursuant to subsection (5A) he shall\n(a) cause to be published in the Gazette a notice:\n(i) stating that he proposes to make the information\navailable or publicly known;\n(ii) inviting interested persons to give to him by such day as\nis specified in the notice, being a day not earlier than\n45 days after the publication of the notice, a notice\nobjecting to the whole or any part of the information\nbeing made available or publicly known; and\n\nPetroleum (Submerged Lands) Act 1981 123\n(iii) stating that, if a person does not make an objection in\naccordance with the invitation, the person will be taken\nto have consented to the information being made\navailable or publicly known; and\n(b) if it is practicable to do so, cause a copy of the notice so\npublished in the Gazette to be served on the person who\nfurnished the document containing the information.\n(5C) There shall be set out in a notice of objection under\nsubsection (5B)(a)(ii) the reasons for making the objection.\n(5D) A person is not entitled to make an objection to information being\nmade available or publicly known except on the grounds that to do\nso would disclose:\n(a) a trade secret; or\n(b) any other information the disclosure of which would, or could\nreasonably be expected to, adversely affect him in respect of\nhis lawful business, commercial or financial affairs.\n(5E) Where a person makes an objection to the Minister in accordance\nwith such an invitation, the Minister shall, within 45 days after the\nreceipt of the notice of objection, consider the objection, and may\ndisallow it or allow it in whole or in part, and shall cause to be\nserved on the person written notice of the decision on the objection.\n(5F) The Minister shall not make available or make publicly known any\ninformation pursuant to subsection (5A) if there is in force an\nobjection made in relation to the information being made available\nor publicly known but, where such an objection is in force, nothing\nin this section shall be taken to preclude a further invitation under\nsubsection (5B) being made in relation to the information.\n(6) Except as provided by the preceding provisions of this section or for\nthe purposes of the administration of this Act and the Regulations,\nthe Minister shall not:\n(a) make publicly known, or make available to any person (not\nbeing a Minister of State of the Commonwealth or another\nState), any information contained in a document to which this\nsection applies; or\n(b) make publicly known any particulars of, or permit any person\n(not being a Minister referred to in paragraph (a)) to inspect\nany core, cutting or sample so referred to.\n\nPetroleum (Submerged Lands) Act 1981 124\n(6A) This section applies to:\n(a) an application made under this Act to the Minister or a\ndocument accompanying such an application; and\n(b) a report, return or other document relating to a block that has\nbeen furnished under this Act to the Minister.\n(7) In this section, a reference to a core, cutting or sample includes a\nreference to a portion of a core, cutting or sample.\n(8) For the purposes of this section:\n(a) cores and cuttings, and well data logs, sample descriptions\nand other documents relating to the drilling of a well shall be\ndeemed to have been furnished to the Minister not later than\none month after the drilling of the well was, in the opinion of\nthe Minister, substantially completed; and\n(b) geophysical or geochemical data relating to geophysical or\ngeochemical surveys shall be deemed to have been furnished\nto the Minister not later than one year after the geophysical or\ngeochemical field work was, in the opinion of the Minister,\nsubstantially completed.\n(9) Subsections (2) and (5A) apply to information contained in a\ndocument to which this section applies that was furnished to the\nMinister before or after the commencement of section 29 of the\nPetroleum (Submerged Lands) Amendment Act 1986.\n(10) Subsection (3) applies to cores, cuttings and samples furnished to\nthe Minister before or after the commencement of section 29 of the\nPetroleum (Submerged Lands) Amendment Act 1985.\n","sortOrder":130},{"sectionNumber":"120","sectionType":"section","heading":"Discovery of water","content":"120 Discovery of water\nWhere water is discovered in a permit area, a lease area or a\nlicence area, the permittee, lessee or licensee, as the case may be,\nshall, within a period of one month after the date of the discovery,\nfurnish to the Minister in writing particulars of the discovery.\n\nPetroleum (Submerged Lands) Act 1981 125\n","sortOrder":131},{"sectionNumber":"121","sectionType":"section","heading":"Survey of wells etc.","content":"121 Survey of wells etc.\n(1) The Minister may, at any time, by notice in writing served on a\npermittee, lessee or licensee, direct the permittee, lessee or\nlicensee:\n(a) to carry out a survey of the position of the well, structure or\nequipment specified in the notice; and\n(b) to furnish to him a report in writing of the survey.\n(2) Where the Minister is not satisfied with a report of a survey\nfurnished to him under subsection (1) by a permittee, lessee or\nlicensee, he may, by notice in writing served on the permittee,\nlessee or licensee, direct the permittee, lessee or licensee to\nfurnish further information in writing in connection with the survey.\n(3) A person to whom a direction is given under subsection (1) or (2)\nshall comply with the direction.\n","sortOrder":132},{"sectionNumber":"122","sectionType":"section","heading":"Records etc. to be kept","content":"122 Records etc. to be kept\n(1) The Minister may, by notice in writing served on a person carrying\non operations in an adjacent area under a permit, lease, licence,\npipeline licence, special prospecting authority, access authority or\nnotice of consent under section 123, direct that person to do any\none or more of the following things:\n(a) to keep such accounts, records and other documents in\nconnection with those operations as are specified in the\nnotice;\n(b) to collect and retain such cores, cuttings and samples in\nconnection with those operations as are specified; and\n(c) to furnish to the Minister, or to such person as is so specified,\nin the manner so specified, such reports, returns, other\ndocuments, cores, cuttings and samples in connection with\nthose operations as are specified.\n\nPetroleum (Submerged Lands) Act 1981 126\n","sortOrder":133},{"sectionNumber":"123","sectionType":"section","heading":"Scientific investigations","content":"123 Scientific investigations\n(1) The Minister may, by notice in writing, consent to the carrying on in\nan adjacent area by any person of petroleum exploration operations\nin the course of scientific investigation.\n(2) A notice of consent given under subsection (1) may be made\nsubject to such conditions, if any, as are specified in the notice.\n(3) A notice of consent in force under subsection (1) authorizes the\nperson specified in the notice, subject to section 124 and in\naccordance with the conditions, if any, to which the notice is\nsubject, to carry on, in an adjacent area, petroleum exploration\noperations specified in the course of the scientific investigation\n","sortOrder":134},{"sectionNumber":"124","sectionType":"section","heading":"Interference with other rights","content":"124 Interference with other rights\nA person carrying on operations in an adjacent area under a permit,\nlease, licence, pipeline licence, special prospecting authority,\naccess authority or instrument of consent under section 123 shall\ncarry on those operations in a manner that does not interfere with:\n(a) navigation;\n(b) fishing;\n(ba) registered native title rights and interests;\n(c) the conservation of the resources of the sea and sea-bed; or\n(d) any operations of another person being lawfully carried on by\nway of exploration for, recovery of or conveyance of a mineral,\nwhether petroleum or not, or by way of construction or\noperation of a pipeline,\n\nPetroleum (Submerged Lands) Act 1981 127\nto a greater extent than is necessary for the reasonable exercise of\nthe rights and performance of the duties of that first-mentioned\nperson.\n","sortOrder":135},{"sectionNumber":"125","sectionType":"section","heading":"Inspectors","content":"125 Inspectors\n(1) The Minister may, by notice in writing, appoint a person to be an\ninspector for the purposes of this Act and the Regulations.\n(2) The Minister may furnish to an inspector a certificate stating that he\nis an inspector for the purposes of this Act and the Regulations.\n(3) Where the appointment of a person under this section expires or is\nrevoked, that person shall forthwith surrender the certificate\nfurnished to him under this section to the Minister or, if the Minister,\nby notice in writing served on that person, specifies another person\nto whom the certificate is to be surrendered, to that other person.\nMaximum penalty: 20 penalty units.\n","sortOrder":136},{"sectionNumber":"126","sectionType":"section","heading":"Powers of inspectors","content":"126 Powers of inspectors\n(1) For the purposes of this Act and the Regulations, an inspector, at\nall reasonable times and on production of the certificate furnished to\nhim under section 125:\n(a) shall have access to any part of the adjacent area and to any\nstructure, ship, aircraft or building in that area that, in his\nopinion, has been, is being or is to be used in connection with\npetroleum exploration operations, operations for the recovery\nof petroleum or operations connected with the construction or\noperation of a pipeline in that area;\n(b) may inspect and test any equipment that, in his opinion, has\nbeen, is being or is to be used in that area in connection with\nany of those operations; and\n(c) may enter any structure, ship, aircraft, building or place in that\narea or in the State, in which, in his opinion, there are any\ndocuments relating to any of those operations and may\ninspect, take extracts from and make copies of any of those\ndocuments.\n\nPetroleum (Submerged Lands) Act 1981 128\n(2) A person who is the occupier or person in charge of any building,\nstructure or place, or is the person in charge of any ship, aircraft or\nequipment referred to in subsection (1), shall provide an inspector\nwith all reasonable facilities and assistance for the effective\nexercise of his powers under this section.\n(3) A person shall not, without reasonable excuse, obstruct or hinder\nan inspector in the exercise of his powers under this section.\n","sortOrder":137},{"sectionNumber":"127","sectionType":"section","heading":"Property in petroleum","content":"127 Property in petroleum\nSubject to this Act, if petroleum is recovered by a permittee, lessee\nor licensee in the permit area, lease area or licence area:\n(a) the petroleum becomes the property of the permittee, lessee\nor licensee; and\n(b) it is not subject to any rights of other persons (other than any\nperson to whom the permittee, lessee or licensee transfers,\nassigns or otherwise disposes of the petroleum or an interest\nin the petroleum).\n","sortOrder":138},{"sectionNumber":"128","sectionType":"section","heading":"Suspension of rights conferred by permit","content":"128 Suspension of rights conferred by permit\n(1) Where the Minister is satisfied that it is necessary to do so in the\npublic interest, he shall, by notice in writing served on a permittee,\nsuspend, either for a specified period or indefinitely, all or any of the\nrights conferred by the permit.\n(2) Where any rights are suspended in accordance with subsection (1),\nany conditions required to be complied with in the exercise of those\nrights are also suspended.\n(3) The Minister may, by notice in writing served on the permittee,\nterminate a suspension of rights under subsection (1).\n(4) Where rights conferred by a permit are suspended in accordance\nwith subsection (1), the Minister may, by the notice of suspension\nor by a later notice in writing served on the permittee, extend the\nterm of the permit by a period not exceeding the period of\nsuspension.\n\nPetroleum (Submerged Lands) Act 1981 129\n","sortOrder":139},{"sectionNumber":"129","sectionType":"section","heading":"Certain payments to be made by Territory to Commonwealth","content":"129 Certain payments to be made by Territory to Commonwealth\nThe Treasurer shall, not later than the last day of each month of the\nyear, pay to the Commonwealth, from the public moneys of the\nTerritory amounts ascertained in accordance with the formula:\n4 A\nB\nwhere:\nA is the amount of royalty payable under this Act, together with\nthe amount, if any, payable under this Act by reason of late\npayment of that royalty, by a permittee, lessee or licensee in\nrespect of petroleum recovered in the adjacent area under the\npermit, lease or licence and received by the Minister during\nthe preceding month; and\nB is the percentage rate at which royalty is payable under this\nAct by the permittee, lessee or licensee in respect of that\npetroleum,\nand the appropriation for that purpose is established or increased to\nthe extent necessary.\n","sortOrder":140},{"sectionNumber":"130","sectionType":"section","heading":"Determination to be disregarded in certain cases","content":"130 Determination to be disregarded in certain cases\nWhere a determination has been made by the Minister under\nsection 143 in relation to a well, that determination shall be\ndisregarded in ascertaining the value of B for the purposes of\nsection 129.\n","sortOrder":141},{"sectionNumber":"131","sectionType":"section","heading":"Continuing offences","content":"131 Continuing offences\n(1) Where an offence is committed by a person by reason of his failure\nto comply, within the period specified in a direction given to him\nunder this Act or the Regulations, with the requirements specified in\nthe direction, the offence, for the purposes of subsection (3), shall\nbe deemed to continue so long as any requirement specified in the\ndirection remains undone, notwithstanding that the period has\nelapsed.\n(2) Where an offence is committed by a person by reason of his failure\nto comply with a requirement made by this Act or the Regulations,\nthe offence, for the purposes of subsection (3), shall be deemed to\ncontinue so long as that failure continues, notwithstanding that any\nperiod within which the requirement was to be complied with has\nelapsed.\n\nPetroleum (Submerged Lands) Act 1981 130\n(3) Where, under subsection (1) or (2), an offence is deemed to\ncontinue, the person who committed the offence commits an\nadditional offence against this Act on each day during which the\noffence is deemed to continue and is liable, upon being found guilty\nfor such an additional offence, to a maximum penalty of 100 penalty\nunits.\n","sortOrder":142},{"sectionNumber":"133","sectionType":"section","heading":"Orders for forfeiture in respect of certain offences","content":"133 Orders for forfeiture in respect of certain offences\n(1) Where a person is found guilty by the Supreme Court of an offence\nagainst section 19, 39 or 60 the Court, arising under section 4, 8,\n12, 13 or 16 of the Criminal Code in relation to an office referred to\nin section 19, 39 or 60, the Court may, in addition to imposing a\nfine, make one or more of the following orders:\n(a) an order for the forfeiture of a specified aircraft or vessel used\nin the commission of the offence;\n(b) an order for the forfeiture of specified equipment used in the\ncommission of the offence; and\n(c) an order:\n(i) for the forfeiture of specified petroleum recovered, or\nconveyed through a pipeline, as the case may be, in the\ncourse of the commission of the offence;\n(ii) for the payment by that person to the Territory of an\namount equal to the proceeds of the sale of specified\npetroleum so recovered or conveyed; or\n(iii) for the payment by that person to the Territory of an\namount equal to the value at the well-head, assessed by\nthe Court, of the quantity, so assessed, of petroleum so\nrecovered or conveyed or for the payment of such part of\nthat amount as the Court, having regard to all the\ncircumstances, thinks fit.\n(2) Where the Court is satisfied that an order made under\nsubsection (1)(c)(i) cannot, for any reason, be enforced, the Court\nmay, upon the application of the person by whom the proceedings\nwere brought, set aside the order and make either of the orders\nreferred to in subsection (1)(c)(ii) or (iii).\n(3) The Court may, before making an order under this section, require\nnotice to be given to, and hear, such persons as the Court thinks fit.\n\nPetroleum (Submerged Lands) Act 1981 131\n","sortOrder":143},{"sectionNumber":"134","sectionType":"section","heading":"Disposal of forfeited goods","content":"134 Disposal of forfeited goods\nGoods in respect of which an order is made under section 133 shall\nbe dealt with as the Attorney-General directs and, pending his\ndirection, may be detained in such custody as the Court directs.\n","sortOrder":144},{"sectionNumber":"135","sectionType":"section","heading":"Time for bringing proceedings for offences","content":"135 Time for bringing proceedings for offences\nProceedings in respect of an offence against this Act (being an\noffence arising under this Part or under the Criminal Code in\nrelation to an offence referred to in this Part) or the Regulations\nmay be brought at any time.\n","sortOrder":145},{"sectionNumber":"136","sectionType":"section","heading":"Judicial notice","content":"136 Judicial notice\n(1) All courts shall take judicial notice of the signature of a person who\nis, or has been, the Minister or a delegate of the Minister and of the\nfact that that person is, or has been, the Minister or a delegate of\nthe Minister.\n(2) In this section, court includes all persons authorized by the law of\nthe Territory or by consent of parties to receive evidence.\n","sortOrder":146},{"sectionNumber":"137","sectionType":"section","heading":"Service","content":"137 Service\n(1) A document required or permitted by this Act to be served on a\nperson other than the Minister or a corporation shall be served:\n(a) by delivering the document to that person personally;\n(b) by prepaying and posting the document as a letter addressed\nto that person at his last-known place of residence or business\nor, if he is carrying on business at 2 or more places, at one of\nthose places;\n(c) by leaving the document at the last-known place of residence\nof that person with some person apparently a resident of that\nplace and apparently not less than 16 years of age; or\n(d) by leaving the document at the last-known place of business\nof that person or, if he is carrying on business at 2 or more\nplaces, at one of those places, with some person apparently in\nthe service of that person and apparently not less than\n16 years of age.\n(2) A document required or permitted by this Act to be served on the\nMinister shall be served:\n(a) by prepaying and posting the document as a letter addressed\nto the Minister at a place of business of the Minister; or\n\nPetroleum (Submerged Lands) Act 1981 132\n(b) by leaving it at a place of business of the Minister with some\nperson apparently employed in connection with the business\nof the Minister and apparently not less than 16 years of age.\n(3) A document required by this Act to be served upon a person, being\na corporation, shall be served:\n(a) by prepaying and posting the document as a letter addressed\nto the corporation at its last-known place of business or, if it is\ncarrying on business at 2 or more places, at one of those\nplaces; or\n(b) by leaving it at that place, or at one of those places, with some\nperson apparently in the service of the corporation and\napparently not less than 16 years of age.\n137AA Service of documents on 2 or more permittees, &c.\n(1) Where there are 2 or more registered holders of a title or special\nprospecting authority, those registered holders may, by notice in\nwriting signed by each of them and served on the Minister,\nnominate one of the registered holders as being the person on\nwhom documents relating to the title or special prospecting\nauthority that are required or permitted by this Act to be served may\nbe served.\n(2) Subject to subsections (3) and (4), where:\n(a) a document relating to a title or special prospecting authority is\nrequired or permitted by this Act to be served on the\nregistered holder;\n(b) there are 2 or more registered holders of the title or special\nprospecting authority; and\n(c) the document is served on a person in respect of whom a\nnomination under subsection (1) is in force in relation to the\ntitle or special prospecting authority,\nthe document shall be deemed to have been served on each of\nthose registered holders.\n(a) a person has been nominated under subsection (1) in relation\nto a title or special prospecting authority; and\n(b) one of the registered holders of the title or special prospecting\nauthority, by notice in writing served on the Minister, revokes\nthat nomination,\n\nPetroleum (Submerged Lands) Act 1981 133\nthat nomination ceases to be in force.\n(a) a person has been nominated under subsection (1) in relation\nto a title or special prospecting authority; and\n(b) the person so nominated ceases to be one of the registered\nholders of the title or special prospecting authority,\nthat nomination ceases to be in force.\n(5) In this section, title means a permit, lease, licence, pipeline licence\n137AB Liability for approval given under this Act, &c.\n(1) This section applies to the following bodies and people:\n(a) the Minister;\n(b) an inspector;\n(c) a person acting under the direction or authority of the Minister.\n(2) A body or person to whom this section applies is not liable to an\naction, suit or proceeding for or in respect of an approval given in\ngood faith under:\n(a) this Act;\n(b) the Regulations; or\n(c) a direction under this Act.\n(3) This section does not apply to a person or body merely because the\nperson or body is acting in accordance with a proposal or plan\n(however described) that has been approved by or on behalf of the\n137AC Licence etc. not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), each of the following is not personal property for that Act:\n(a) an access authority;\n(b) a permit;\n(c) a lease;\n\nPetroleum (Submerged Lands) Act 1981 134\n(d) a licence;\n(e) a pipeline licence;\n(f) an interest in an authority, permit, lease or licence mentioned\nin paragraph (a), (b), (c), (d) or (e).\nNote for section 137AC\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the\nPersonal Property Securities Act 2009 (Cth).\n","sortOrder":147},{"sectionNumber":"137A","sectionType":"section","heading":"Interpretation","content":"137A Interpretation\n(1) In this Division:\nauthorized person means:\n(a) a member or special member within the meaning of the\nAustralian Federal Police Act 1979 of the Commonwealth;\n(b) a member of the Police Force;\n(c) a member of the Police Force of a State of the\nCommonwealth;\n(d) a defence member within the meaning of the Defence Force\nDiscipline Act 1982 of the Commonwealth; or\n(e) a person, or a person included in a class of persons,\nauthorized under subsection (2) to perform duties under this\nDivision.\nexempt vessel, in relation to a safety zone, means a vessel:\n(a) that is excluded from the operation of section 137B in relation\nto that safety zone by virtue of the instrument establishing the\nsafety zone; or\n(b) in respect of which there is in force a consent, under\nsection 137B(1), of the Minister in relation to that safety zone.\nmaster, in relation to a vessel, means the person having command\nor charge of the vessel.\nowner, in relation to a vessel, means:\n(a) in a case to which paragraph (b) does not apply – the person\nwho owns the vessel; or\n\nPetroleum (Submerged Lands) Act 1981 135\n(b) where the vessel is being operated by a person (not being the\nperson who owns the vessel) who has the whole possession\nand control of the vessel – the operator of the vessel.\nsafety zone means an area specified in a notice under\nsection 137B(1).\n(2) The Minister may, by notice in the Gazette, authorize a person, or a\nperson included in a specified class of persons, to perform duties\nunder this Division.\n","sortOrder":148},{"sectionNumber":"137B","sectionType":"section","heading":"Safety zones","content":"137B Safety zones\n(1) For the purpose of protecting a well, structure or equipment, in an\nadjacent area, the Minister may, by notice in the Gazette, prohibit:\n(a) all vessels;\n(b) all vessels other than specified vessels; or\n(c) all vessels other than the vessels included in specified classes\nof vessels,\nfrom entering or remaining in a specified area surrounding the well,\nstructure or equipment without the consent in writing of the Minister.\n(2) A safety zone specified in a notice under subsection (1) may extend\nto a distance of 500 metres around the well, structure or equipment\nspecified in the notice measured from each point of the outer edge\nof the well, structure or equipment.\n(3) Where a vessel enters or remains in a safety zone in contravention\nof a notice under subsection (1), the owner and the person in\ncommand or in charge of the vessel are each guilty of an offence\nagainst this section.\n10 000 penalty units or imprisonment for\n4 years.\n50 000 penalty units.\n(4) It is a defence to a prosecution for an offence against this section\nwhere the person charged satisfies the court that:\n(a) an unforeseen emergency rendered it necessary for the\nvessel to enter or remain in the safety zone in order to attempt\nto secure the safety of the vessel, of another vessel, of a well,\npipeline, structure or equipment or of human life; or\n\nPetroleum (Submerged Lands) Act 1981 136\n(b) the vessel entered or remained in the safety zone in\ncircumstances not under the control of the person who was in\ncharge of the navigational watch of the vessel.\n","sortOrder":149},{"sectionNumber":"137C","sectionType":"section","heading":"Powers of authorized persons","content":"137C Powers of authorized persons\n(1) Subject to subsection (3), an authorized person may:\n(a) board a vessel that the authorized person has reasonable\ngrounds to believe has been used, is being used or is about to\nbe used, in contravention of section 137B;\n(b) where, under paragraph (a), he has boarded a vessel:\n(i) require a person on board the vessel to answer\nquestions relating to the vessel or to the movements of\nthe vessel;\n(ii) require the master of the vessel to state whether there is\nin force in respect of the vessel a consent under\nsection 137B(1) and, if so, to produce the consent;\n(iii) if the vessel is registered under the Shipping\nRegistration Act 1981 of the Commonwealth – require\nthe master of the vessel to produce the certificate of\nregistration of the vessel; or\n(iv) search the vessel for documents relating to the vessel or\nmovements of the vessel;\n(c) require the master of a vessel, being a vessel that is in a\nsafety zone and that is not an exempt vessel in relation to the\nsafety zone, to take the vessel outside the safety zone;\n(d) require the master of a disabled vessel that is in a safety zone\nto permit the vessel to be towed away from the safety zone or\nto accept the giving of such other assistance to the vessel as\nthe authorized person considers necessary; or\n(e) detain a vessel that the authorized person has reasonable\ngrounds to believe has been used in contravention of\nsection 137B.\n(2) A person who:\n(a) fails to facilitate, by all reasonable means, the boarding under\nsubsection (1)(a) of a vessel by an authorized person;\n(b) refuses to allow a search to be made under\nsubsection (1)(b)(iv) by an authorized person;\n\nPetroleum (Submerged Lands) Act 1981 137\n(c) refuses or neglects to comply with a requirement made under\nsubsection (1) by an authorized person;\n(d) where, under subsection (1), an authorized person requires\nthe person to give information, gives information that is, to the\nknowledge of the person, false or misleading in a material\nparticular; or\n(e) resists or obstructs an authorized person who is acting in\npursuance of subsection (1),\nis guilty of an offence.\n(3) The powers, under subsection (1)(a), (b) and (e), of an authorized\nperson in relation to a vessel shall not be exercised except:\n(a) in pursuance of a warrant issued under section 137D;\n(b) after obtaining the consent of the master of the vessel; or\n(c) in circumstances of seriousness and urgency, under\nsection 137E.\n","sortOrder":150},{"sectionNumber":"137D","sectionType":"section","heading":"Search warrants","content":"137D Search warrants\n(1) Where an information on oath is laid before a Local Court Judge\nalleging that there are reasonable grounds to believe that a vessel\nhas been used, is being used or is about to be used, in\ncontravention of section 137B and the information sets out those\ngrounds and identifies the vessel, a Local Court Judge may issue a\nwarrant authorizing an authorized person named in the warrant,\nwith such assistance as the authorized person thinks necessary, to\nexercise all or any of the powers referred to in section 137C(1)(a),\n(b) and (e) in relation to that vessel.\n(2) A Local Court Judge shall not, under subsection (1), issue a\nwarrant unless:\n(a) the informant or some other person has given the Local Court\nJudge either orally or by affidavit such further information (if\nany) as the Local Court Judge requires concerning the\ngrounds on which the issue of the warrant is being sought;\nand\n\nPetroleum (Submerged Lands) Act 1981 138\n(b) the Local Court Judge is satisfied that there are reasonable\ngrounds for issuing the warrant.\n(3) A warrant issued under subsection (1) shall:\n(a) specify the purpose for which it is issued;\n(b) set out a description of the vessel in relation to which it is\nissued; and\n(c) specify a day, not being later than 7 days after the day on\nwhich it is issued, as being the day on which it ceases to have\neffect.\n","sortOrder":151},{"sectionNumber":"137E","sectionType":"section","heading":"Exercise of powers in serious circumstances","content":"137E Exercise of powers in serious circumstances\nAn authorized person may exercise, in relation to a vessel, all or\nany of the powers under section 137C(1)(a), (b) and (e) where:\n(a) the authorized person has reasonable grounds to believe that:\n(i) the vessel has been used, is being used or is about to\nbe used, in contravention of section 137B; or\n(ii) the exercise of those powers is necessary to prevent\ndamage being caused to a well, structure or equipment\nin a safety zone; and\n(b) the circumstances are of such a serious nature as to require\nand justify the immediate exercise of those powers without the\nauthority of a warrant issued under section 137D.\n138 Fees\n(1) The holder of:\n(a) an exploration permit;\n(b) a retention lease;\n(c) a production licence; or\n(d) a pipeline licence,\nshall pay a fee in respect of each year of the term of the permit,\nlease, licence or pipeline licence.\n\nPetroleum (Submerged Lands) Act 1981 139\n(2) The fee:\n(a) is payable to the Minister; and\n(b) is to be calculated in accordance with the Regulations.\n(3) The fee for the first year of the term of the permit, lease, licence or\npipeline licence is payable within one month after the day on which\nthe term commences.\n(4) The fee for a subsequent year of the term of the permit, lease,\nlicence or pipeline licence is payable within one month after the\nanniversary of the day on which the first year of the term\ncommences.\n","sortOrder":152},{"sectionNumber":"141","sectionType":"section","heading":"Time of payment of fees","content":"141 Time of payment of fees\nA fee under section 138 is payable within one month after:\n(a) in the case of the first year of the term of a permit, lease,\nlicence or pipeline licence – the day on which that term\ncommenced; and\n(b) in the case of a year of the term of a permit, lease, licence or\npipeline licence other than the first – the anniversary of that\nday.\n","sortOrder":153},{"sectionNumber":"142","sectionType":"section","heading":"Royalty","content":"142 Royalty\n(1) A permittee, lessee or licensee shall, subject to this Division, pay to\nthe Minister royalty at the prescribed rate in respect of all petroleum\nrecovered by the permittee, lessee or licensee in the permit area,\nlease area or licence area.\n(2) Subject to the succeeding provisions of this section and\nsection 143, the prescribed rate in respect of petroleum recovered\nunder a permit, lease or licence is 10% of the value of the\npetroleum at the well-head.\n(3) The prescribed rate in respect of petroleum recovered under a\nsecondary licence is the percentage determined by the Minister in\npursuance of section 42(1) in respect of petroleum so recovered.\n(4) Where a secondary licence is granted to the holder of a primary\nlicence, the prescribed rate in respect of petroleum recovered under\nthe primary licence is, as from the commencement of the next\nroyalty period after the day from which the secondary licence has\neffect, the same percentage as is applicable in respect of petroleum\nrecovered under the secondary licence.\n\nPetroleum (Submerged Lands) Act 1981 140\n(a) a licence is granted on an application under section 47; and\n(b) the notice served on the applicant under section 49 contains a\nstatement that the applicant will be required to pay, in respect\nof petroleum recovered under that licence, royalty at the rate\nspecified in that statement,\nthe prescribed rate in respect of petroleum recovered under that\nlicence is the percentage specified in that statement.\n(6) Where a licence is granted on an application under section 51(1),\nthe prescribed rate in respect of petroleum recovered under that\nlicence is the same percentage as was applicable in respect of\npetroleum recovered under the original licence as defined by that\nsubsection.\n(7) The prescribed rate in respect of petroleum recovered in the licence\narea referred to in a licence granted by way of renewal is the\npercentage that would be the prescribed rate of the previous\n(8) A reference in this section or in a permit, lease or licence to royalty\nat the prescribed rate or royalty at the rate that is for the time being\nthe prescribed rate shall be read as a reference to royalty at the\nrate that is or was the prescribed rate applicable in accordance with\nthe provisions of this Act as in force from time to time.\n","sortOrder":154},{"sectionNumber":"143","sectionType":"section","heading":"Reduction of royalty in certain cases","content":"143 Reduction of royalty in certain cases\n(1) Where the Minister is satisfied that the rate of recovery of petroleum\nfrom a well has become so reduced that, having regard to the rate\nor rates of royalty applicable under section 142, further recovery of\npetroleum from that well would be uneconomic, the Minister may,\nby notice in writing, determine that the royalty in respect of all or\nany of the petroleum recovered from that well on or after a date\nspecified in the determination shall be at such rate (being a rate\nlower than the rate that would be applicable under section 142) as\nthe Minister specifies.\n(2) The prescribed rate in respect of petroleum to which a\ndetermination under subsection (1) is applicable is the rate\nspecified in the determination.\n(3) The Minister may, by notice in writing, revoke or vary a\ndetermination under subsection (1) and the revocation or variation\napplies to petroleum recovered on or after such date as is specified\nin the notice.\n\nPetroleum (Submerged Lands) Act 1981 141\n","sortOrder":155},{"sectionNumber":"144","sectionType":"section","heading":"Royalty not payable in certain cases","content":"144 Royalty not payable in certain cases\n(1) Royalty under this Act:\n(a) is not payable in respect of petroleum that the Minister is\nsatisfied was unavoidably lost before the quantity of that\npetroleum was ascertained;\n(b) is not payable in respect of petroleum that is used by the\npermittee, lessee or licensee, as approved by the Minister, for\nthe purposes of petroleum exploration operations; and\n(c) is not payable in respect of petroleum that, with the approval\nof the Minister, is flared or vented in connection with\noperations for the recovery of petroleum.\n(2) Where petroleum that has been recovered by a permittee, lessee or\nlicensee is, with the approval of the Minister, returned to a natural\nreservoir, royalty under this Act is not payable in respect of that\npetroleum by reason of that recovery but this subsection does not\naffect the liability of that or any other permittee, lessee or licensee\nto pay royalty in respect of petroleum that is recovered from that\nnatural reservoir.\n","sortOrder":156},{"sectionNumber":"145","sectionType":"section","heading":"Ascertainment of well-head","content":"145 Ascertainment of well-head\nFor the purposes of this Act, the well-head, in relation to any\npetroleum, is such valve station as is agreed between the\npermittee, lessee or licensee and the Minister or, in default of\nagreement within such period as the Minister allows, is such valve\nstation as is determined by the Minister as being that well-head.\n","sortOrder":157},{"sectionNumber":"146","sectionType":"section","heading":"Ascertainment of value","content":"146 Ascertainment of value\nFor the purposes of this Act, the value of any petroleum at the well-\nhead is such amount as is agreed between the permittee, lessee or\nlicensee and the Minister or, in default of agreement within such\nperiod as the Minister allows, is such amount as is determined by\nthe Minister as being that value.\n","sortOrder":158},{"sectionNumber":"147","sectionType":"section","heading":"Ascertainment of quantity of petroleum recovered","content":"147 Ascertainment of quantity of petroleum recovered\nFor the purposes of this Act, the quantity of petroleum recovered by\na permittee, lessee or licensee from a well during a period shall be\ntaken to be:\n(a) the quantity measured during that period by a measuring\ndevice approved by the Minister and installed at the well-head\nor at such other place as the Minister approves; or\n\nPetroleum (Submerged Lands) Act 1981 142\n(b) where no such measuring device is installed, or the Minister is\nnot satisfied that the quantity of petroleum recovered by the\npermittee, lessee or licensee from that well has been properly\nor accurately measured by such a measuring device – the\nquantity determined by the Minister as being the quantity\nrecovered by the permittee, lessee or licensee during that\nperiod.\n","sortOrder":159},{"sectionNumber":"148","sectionType":"section","heading":"Payment of royalty","content":"148 Payment of royalty\nRoyalty under this Act in respect of petroleum recovered during a\nroyalty period is payable not later than the last day of the next\nsucceeding royalty period.\n","sortOrder":160},{"sectionNumber":"149","sectionType":"section","heading":"Penalty for late payment","content":"149 Penalty for late payment\n(1) Where a fee or an amount of royalty under this Act is not paid under\nthis Division at or before the time when the fee or the amount of\nroyalty is payable there is payable to the Minister by the permittee,\nlessee, licensee or pipeline licensee an additional amount\ncalculated at the rate of one-third of 1% per day on the amount of\nthe fee or royalty from time to time remaining unpaid to be\ncomputed from the time when the amount became payable until it is\npaid.\n(2) An additional amount in respect of royalty is not payable under\nsubsection (1) or section 149B(2)(a) in respect of any period before\nthe expiration of 7 days after the value of the petroleum was agreed\nor determined under section 146.\n","sortOrder":161},{"sectionNumber":"149A","sectionType":"section","heading":"Provisional payment of royalty","content":"149A Provisional payment of royalty\n(1) Where, in relation to petroleum recovered during a royalty period,\nthe value of the petroleum has not been agreed or determined\nunder section 146, the Minister may determine a provisional value.\n(a) a provisional value of any petroleum has been determined\nunder subsection (1); and\n(b) the value of that petroleum has not yet been agreed or\ndetermined under section 146;\nthe Act operates in relation to that petroleum as if:\n(c) the provisional value of the petroleum were its value; and\n(d) the determination of the provisional value were an agreement\nor determination under section 146.\n\nPetroleum (Submerged Lands) Act 1981 143\n","sortOrder":162},{"sectionNumber":"149B","sectionType":"section","heading":"Adjustment of payment","content":"149B Adjustment of payment\n(1) This section applies:\n(a) where section 149A(2) has operated in relation to petroleum\nrecovered during a royalty period and a value of the petroleum\ndifferent to the provisional value is subsequently agreed or\ndetermined under section 146; or\n(b) where an error has been made in the calculation of royalty due\nor in the application of a procedure by the application of which\nthe value of the petroleum has been ascertained.\n(2) Where this section applies:\n(a) if the determined royalty is greater than the provisional royalty,\nthe difference is payable within 28 days; and\n(b) if the determined royalty is less than the provisional royalty,\nthe difference is deducted from any amount subsequently\npayable by the permittee, lessee or licensee concerned.\n(3) In this section:\ndetermined royalty means:\n(a) where subsection (1)(a) applies, the amount of royalty payable\nin relation to the petroleum on the basis of the value\nascertained under section 146; and\n(b) where subsection (1)(b) applies, the amount of royalty payable\nin relation to the petroleum.\nprovisional royalty means:\n(a) where subsection (1)(a) applies, the amount of royalty payable\nin relation to the petroleum on the basis of the provisional\nvalue; and\n(b) where subsection (1)(b) applies, the amount of royalty\ndemanded in relation to petroleum as a result of the erroneous\ncalculation.\n","sortOrder":163},{"sectionNumber":"150","sectionType":"section","heading":"Fees and penalties debts due to the Territory","content":"150 Fees and penalties debts due to the Territory\nA fee, royalty or other amount payable under this Division is a debt\ndue by the permittee, lessee, licensee or pipeline licensee to the\nTerritory and is recoverable in a court of competent jurisdiction.\n\nPetroleum (Submerged Lands) Act 1981 144\n","sortOrder":164},{"sectionNumber":"150A","sectionType":"section","heading":"Object of Part","content":"150A Object of Part\nThe main objects of this Part are:\n(a) to maintain the use of the Australian Geodetic Datum to\ndetermine the position of blocks and certain other areas; and\n(b) to enable the position of a point, line, block or other area to be\ndescribed in a title or other instrument under this Act, using\nanother datum (but not so as to change the position of a point,\nline, block or area).\n","sortOrder":165},{"sectionNumber":"150B","sectionType":"section","heading":"Definitions","content":"150B Definitions\nIn this Part:\nAustralian Geodetic Datum means the Australian Geodetic Datum\nas defined in the Commonwealth Gazette No. 84 of\nchangeover time means the time when a declaration under\nsection 150D takes effect.\ncurrent datum means the datum declared to be the current datum\nunder section 150D.\ninstrument under this Act does not include the Regulations.\nprevious datum means:\n(a) if a datum is the first datum declared to be the current datum\nunder section 150D – the Australian Geodetic Datum; or\n(b) in any other case – the datum that was the current datum\nimmediately before the changeover time.\nthis Act includes the Regulations.\ntitle means a permit, lease, licence, pipeline licence, special\nprospecting authority or access authority.\n","sortOrder":166},{"sectionNumber":"150C","sectionType":"section","heading":"Australian Geodetic Datum","content":"150C Australian Geodetic Datum\n(1) For the purposes of this Act, the position on the surface of the Earth\nof:\n(a) a graticular section or block; and\n\nPetroleum (Submerged Lands) Act 1981 145\n(b) a point, parallel of latitude or meridian of longitude referred to\nin Schedule 3,\nis to be determined by reference to the Australian Geodetic Datum.\n(2) Subject to subsection (3), subsection (1) does not apply for the\npurposes of describing, in a title or other instrument under this Act,\nthe position on the surface of the Earth of a point, line, block or\nother area.\n(3) Until a declaration under subsection 150D takes effect, the\nAustralian Geodetic Datum applies for the purposes of describing,\nin a title or other instrument under this Act, the position on the\nsurface of the Earth of a point, line, block or other area.\n","sortOrder":167},{"sectionNumber":"150D","sectionType":"section","heading":"Current datum and previous datum","content":"150D Current datum and previous datum\nThe Regulations may declare that, for the purposes of describing\nthe position on the surface of the earth of a point, line, block or\nother area in a title or other instrument under this Act, a specified\ndatum:\n(a) is the current datum; and\n(b) replaces the previous datum.\n","sortOrder":168},{"sectionNumber":"150E","sectionType":"section","heading":"Use of current datum","content":"150E Use of current datum\nFor the purposes of this Act, the position on the surface of the Earth\nof:\n(a) a permit area the subject of a permit granted or renewed after\n(b) a lease area the subject of a lease granted or renewed after\n(c) a licence area the subject of a licence granted or renewed\nafter the changeover time;\n(d) an area the subject of an access authority granted after the\nchangeover time;\n(e) an area the subject of a special prospecting authority granted\nafter the changeover time;\n(f) a route of a pipeline authorised by a pipeline licence granted\nafter the changeover time; or\n\nPetroleum (Submerged Lands) Act 1981 146\n(g) a point, line, block or other area set out in any other\ninstrument made or granted under this Act after the\nchangeover time,\nis to be described by reference to the current datum, and the title or\ninstrument may be annotated accordingly.\n","sortOrder":169},{"sectionNumber":"150F","sectionType":"section","heading":"Use of previous datum","content":"150F Use of previous datum\n(1) This section applies subject to section 150G.\n(2) For the purposes of this Act, the position on the surface of the Earth\nof:\n(a) a permit area the subject of a permit in force immediately\n(b) a lease area the subject of a lease in force immediately before\n(c) a licence area the subject of a licence in force immediately\n(d) an area the subject of a special prospecting authority in force\nimmediately before the changeover time;\n(e) an area the subject of an access authority in force immediately\n(f) the route of a pipeline authorised by a pipeline licence in force\nimmediately before the changeover time; or\n(g) a point, line, block or area set out in any other instrument in\nforce under this Act immediately before the changeover time,\nis to be described by reference to the previous datum.\n","sortOrder":170},{"sectionNumber":"150G","sectionType":"section","heading":"Variation of titles etc.","content":"150G Variation of titles etc.\nThe Regulations may authorise the Minister to issue an instrument\nvarying:\n(a) a permit in force immediately before the changeover time for\nthe sole purpose of relabelling the permit area the subject of\nthe permit using geographic co-ordinates based on the current\ndatum;\n\nPetroleum (Submerged Lands) Act 1981 147\n(b) a lease in force immediately before the changeover time for\nthe sole purpose of relabelling the lease area the subject of\nthe lease using geographic co-ordinates based on the current\ndatum;\n(c) a licence in force immediately before the changeover time for\nthe sole purpose of relabelling the licence area the subject of\nthe licence using geographic co-ordinates based on the\ncurrent datum;\n(d) a special prospecting authority in force immediately before the\nchangeover time for the sole purpose of relabelling the area\nthe subject of the special prospecting authority using\ngeographic co-ordinates based on the current datum;\n(e) an access authority in force immediately before the\nchangeover time for the sole purpose of relabelling the area\nthe subject of the access authority using geographic\nco-ordinates based on the current datum;\n(f) a pipeline licence in force immediately before the changeover\ntime for the sole purpose of relabelling the route of the pipeline\nauthorised by the pipeline licence using geographic\nco-ordinates based on the current datum;\n(g) any other instrument under this Act that:\n(i) is in force immediately before the changeover time; and\n(ii) sets out a point, line, block or other area,\nfor the sole purpose of relabelling the point, line, block or area\nusing geographic co-ordinates based on the current datum;\nand\n(h) a title or other instrument under this Act for the sole purpose of\ninserting an annotation about the applicable datum.\n","sortOrder":171},{"sectionNumber":"150H","sectionType":"section","heading":"Variation of applications for titles","content":"150H Variation of applications for titles\nThe Regulations may authorise the Minister to issue an instrument\nvarying an application for a title for the sole purpose of relabelling a\npoint, line, block or other area by reference to geographic co-\nordinates based on the current datum.\n","sortOrder":172},{"sectionNumber":"150I","sectionType":"section","heading":"No change to actual position of point, line or area","content":"150I No change to actual position of point, line or area\nThis Part does not authorise any change to the position on the\nsurface of the Earth of a point, line, block or other area.\n\nPetroleum (Submerged Lands) Act 1981 148\n","sortOrder":173},{"sectionNumber":"151","sectionType":"section","heading":"Definitions","content":"151 Definitions\nIn this Part, unless the contrary intention appears:\nBoard means the National Offshore Petroleum Safety Authority\nBoard within the meaning of the Commonwealth Act.\nCEO means the Chief Executive Officer of the Safety Authority.\nfacility has the meaning in Schedule 4.\noffshore petroleum operations means any operations (including\ndiving operations) that:\n(a) relate to the exploration for petroleum or the recovery,\nprocessing, storage, offloading or piped conveyance of\npetroleum; and\n(b) take place:\n(i) if the operations are diving operations – in the adjacent\narea; or\n(ii) if the operations are not diving operations – at a facility.\n152 Occupational health and safety\nSchedule 4 has effect.\n153 Listed OHS laws\nThe following provisions are the listed OHS laws:\n(a) Schedule 4;\n(b) regulations made for Schedule 4;\n(c) regulations of the Commonwealth relating to occupational\nhealth and safety matters as applied for Schedule 4;\n(d) regulations made for section 154;\n(e) any other regulations relating to occupational health and\nsafety matters prescribed by the Regulations.\n\nPetroleum (Submerged Lands) Act 1981 149\n","sortOrder":174},{"sectionNumber":"154","sectionType":"section","heading":"Regulations relating to occupational health and safety","content":"154 Regulations relating to occupational health and safety\n(1) The Regulations may make provision in relation to the occupational\nhealth and safety of persons at or near a facility who are under the\ncontrol of a person who is carrying on an operation.\n(2) Without limiting subsection (1), the Regulations may:\n(a) require a person who is carrying on an operation to establish\nand maintain a system of management to secure the\noccupational health and safety of persons mentioned in the\nsubsection; and\n(b) specify requirements with which the system must comply.\n","sortOrder":175},{"sectionNumber":"155","sectionType":"section","heading":"Safety Authority's functions","content":"155 Safety Authority's functions\nThe Safety Authority has the following functions:\n(a) the functions conferred on it under this Act in relation to\noffshore petroleum operations;\n(b) to promote the occupational health and safety of persons\nengaged in offshore petroleum operations;\n(c) to develop and implement effective monitoring and\nenforcement strategies to secure compliance by persons with\ntheir occupational health and safety obligations under this Act\nand the Regulations;\n(d) to:\n(i) investigate accidents, occurrences and circumstances\nthat affect, or have the potential to affect, the\noccupational health and safety of persons engaged in\noffshore petroleum operations; and\n(ii) report, as appropriate, to the Minister and the\nCommonwealth Minister on those investigations;\n(e) to advise persons, either on its own initiative or on request, on\noccupational health and safety matters relating to offshore\n(f) to make reports, including recommendations, to the Minister\nand the Commonwealth Minister on issues relating to the\noccupational health and safety of persons engaged in offshore\n\nPetroleum (Submerged Lands) Act 1981 150\n(g) to cooperate with:\n(i) the Minister and Territory agencies having functions\nrelating to offshore petroleum operations; and\n(ii) Commonwealth agencies having functions relating to\noffshore petroleum operations.\n","sortOrder":176},{"sectionNumber":"156","sectionType":"section","heading":"Safety Authority's ordinary powers","content":"156 Safety Authority's ordinary powers\n(1) The Safety Authority has power to do all things necessary or\nconvenient to be done for or in connection with the performance of\nits functions.\n(2) The Safety Authority's powers include, but are not limited to, the\nfollowing:\n(a) to acquire, hold and dispose of real and personal property;\n(b) to enter into contracts;\n(c) to lease the whole or any part of any land or building for the\npurposes of the Safety Authority;\n(d) to occupy, use and control any land or building owned or held\nunder lease by the Territory and made available for the\npurposes of the Safety Authority;\n(e) to conduct research and development projects and to\ncooperate with others in such projects;\n(f) to apply for and hold patents and exploit patents;\n(g) to do anything incidental to any of its functions.\n","sortOrder":177},{"sectionNumber":"157","sectionType":"section","heading":"Judicial notice of seal","content":"157 Judicial notice of seal\nAll courts, judges and persons acting judicially must:\n(a) take judicial notice of the imprint of the seal of the Safety\nAuthority appearing on a document; and\n(b) presume the document was duly sealed.\n\nPetroleum (Submerged Lands) Act 1981 151\n","sortOrder":178},{"sectionNumber":"158","sectionType":"section","heading":"Functions","content":"158 Functions\n(1) The Board has the following functions:\n(a) to give advice, and make recommendations, to the CEO about\nthe operational policies and strategies to be followed by the\nSafety Authority in the performance of its functions;\n(b) to give advice, and make recommendations, to:\n(ii) the Commonwealth Minister;\n(iii) interstate Ministers; and\n(iv) the Ministerial Council;\nabout either or both of the following:\n(v) policy or strategic matters relating to the occupational\nhealth and safety of persons engaged in offshore\n(vi) the performance by the Safety Authority of its functions;\n(c) any other functions specified in a written notice given by the\nCommonwealth Minister to the Chair of the Board.\n(2) As soon as practicable after the Board gives advice, or makes\nrecommendations, under subsection (1)(b) to:\n(a) the Minister;\n(b) an interstate Minister; or\n(c) the Ministerial Council;\nthe Board must give the Commonwealth Minister a written copy of\nthe advice or those recommendations.\n","sortOrder":179},{"sectionNumber":"159","sectionType":"section","heading":"Powers","content":"159 Powers\nThe Board has power to do all things necessary or convenient to be\ndone for or in connection with the performance of its functions.\n\n","sortOrder":180},{"sectionNumber":"Div 4","sectionType":"division","heading":"Chief Executive Officer and staff of Safety Authority","content":"Division 4 Chief Executive Officer and staff of Safety Authority\nPetroleum (Submerged Lands) Act 1981 152\n","sortOrder":181},{"sectionNumber":"160","sectionType":"section","heading":"Validity of decisions","content":"160 Validity of decisions\nThe performance of the functions, or the exercise of the powers, of\nthe Board is not affected merely because of a vacancy or vacancies\nin the membership of the Board.\nDivision 4 Chief Executive Officer and staff of Safety\nAuthority\n","sortOrder":182},{"sectionNumber":"161","sectionType":"section","heading":"CEO acts for Safety Authority","content":"161 CEO acts for Safety Authority\nAnything done by the CEO in the name of the Safety Authority or on\nthe Safety Authority's behalf is taken to have been done by the\nSafety Authority.\n","sortOrder":183},{"sectionNumber":"162","sectionType":"section","heading":"Working with Board","content":"162 Working with Board\n(1) The CEO must request the Board's advice on strategic matters\nrelating to the performance of the Safety Authority's functions.\n(2) The CEO must have regard to the advice given to him or her by the\nBoard (whether or not the advice was given in response to a\nrequest).\n(3) The CEO must:\n(a) keep the Board informed of the Safety Authority's operations;\nand\n(b) give the Board any reports, documents and information in\nrelation to those operations the Chair of the Board requires.\n","sortOrder":184},{"sectionNumber":"163","sectionType":"section","heading":"Delegation","content":"163 Delegation\n(1) An officer or employee of the Territory, or of a public authority of the\nTerritory, may perform any function and exercise any power\ndelegated to him or her by the CEO under the Commonwealth Act.\n(2) In performing a function or exercising a power under the delegation,\nthe delegate must comply with any directions of the CEO.\n","sortOrder":185},{"sectionNumber":"164","sectionType":"section","heading":"Secondments to Safety Authority","content":"164 Secondments to Safety Authority\nAn officer or employee of the Territory, or of a public authority of the\nTerritory, may assist the Safety Authority in connection with the\nperformance of any of its functions or the exercise of any of its\npowers under this Act, the Commonwealth Act or a corresponding\nlaw.\n\nPetroleum (Submerged Lands) Act 1981 153\n","sortOrder":186},{"sectionNumber":"165","sectionType":"section","heading":"Minister may require Safety Authority to prepare reports or","content":"165 Minister may require Safety Authority to prepare reports or\ngive information\n(1) The Minister may, by written notice, require the Safety Authority\nwithin the period specified in the notice:\n(a) to prepare a report about one or more specified matters\nrelating to the performance of the Safety Authority's functions\nor the exercise of the Safety Authority's powers; and\n(b) to give a copy of the report to:\n(ii) each interstate Minister; and\n(iii) the Commonwealth Minister.\n(2) The Minister may, by written notice, require the Safety Authority\nwithin the period specified in the notice:\n(a) to prepare a document setting out specified information\nrelating to the performance of the Safety Authority's functions\nor the exercise of the Safety Authority's powers; and\n(b) to give a copy of the report to:\n(ii) each interstate Minister; and\n(iii) the Commonwealth Minister.\n(3) The Safety Authority must comply with a notice under\nsubsection (1) or (2).\n","sortOrder":187},{"sectionNumber":"166","sectionType":"section","heading":"Directions to Safety Authority","content":"166 Directions to Safety Authority\n(1) The Minister may request the Commonwealth Minister to give a\ndirection to the Safety Authority that relates wholly or principally to\nthe Safety Authority's operations in the adjacent area.\n(2) The Commonwealth Minister must use his or her best endeavours\nto make a decision on the request within 30 days after receiving the\nrequest.\n(3) If the Commonwealth Minister refuses the request, the\nCommonwealth Minister must give the Minister a written statement\nstating the reasons for the refusal.\n\nPetroleum (Submerged Lands) Act 1981 154\n(4) The Safety Authority must comply with any direction given by the\nCommonwealth Minister under this section.\n","sortOrder":188},{"sectionNumber":"167","sectionType":"section","heading":"Reviews of operations of Safety Authority","content":"167 Reviews of operations of Safety Authority\n(1) The Minister must review the operations of the Safety Authority in\nrelation to the adjacent area.\n(2) The Minister must prepare a report of a review.\n(3) The first review is for the 3-year period starting on 1 January 2005,\nand must be completed within 6 months, or the longer period the\nMinister allows, after the end of the 3-year period.\n(4) Subsequent reviews are for successive 3-year periods, and must\nbe completed within 6 months, or the longer period the Minister\nallows, after the end of the 3-year period to which the review\nrelates.\n(5) A review may be conducted in conjunction with a review under the\nCommonwealth Act or a corresponding law (or both).\n(6) Without limiting the matters to be covered by a review, the review\nmust include an assessment of the effectiveness of the Safety\nAuthority in bringing about improvements in the occupational health\nand safety of persons engaged in offshore petroleum operations.\n(7) The Minister must table a copy of the report of a review in the\nLegislative Assembly within 15 sitting days of the Assembly after\nthe report of the review is completed.\n(8) For this section, a review is completed when the report of the\nreview is made available to the Minister.\n","sortOrder":189},{"sectionNumber":"168","sectionType":"section","heading":"Protection from liability","content":"168 Protection from liability\n(1) This section applies to a person who is or has been:\n(a) the Safety Authority;\n(b) the CEO;\n(c) an OHS inspector; or\n(d) a person acting under the direction or authority of the Safety\nAuthority or CEO.\n\nPetroleum (Submerged Lands) Act 1981 155\n(2) The person is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under a listed OHS law.\n","sortOrder":190},{"sectionNumber":"169","sectionType":"section","heading":"Regulations","content":"169 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may make provision for securing, regulating,\ncontrolling or restricting any of the following matters:\n(a) exploration for petroleum and the carrying on of operations\nand the execution of works for that purpose;\n(b) recovery of petroleum and the carrying on of operations and\nthe execution of works for that purpose;\n(c) conserving and preventing the waste of natural resources\nwhether petroleum or otherwise of the adjacent area;\n(d) construction and operation of pipelines, water lines, secondary\nlines, pumping stations, tank stations or valve stations and the\ncarrying on of operations, and the execution of works, for any\nof those purposes;\n(e) construction, erection, maintenance, operation or use of\ninstallations or equipment;\n(f) control of the flow or discharge, and the prevention of the\nescape, of petroleum, water, drilling fluid or a mixture of water\nor drilling fluid with petroleum or any other matter;\n(g) clean-up or other remedying of the effects of the escape of\n(h) prevention of damage to petroleum-bearing strata in an area,\nwhether in the adjacent area or not, in respect of which a\npermit, lease or licence is not in force;\n\nPetroleum (Submerged Lands) Act 1981 156\n(i) keeping separate:\n(i) each petroleum pool discovered in a permit area, lease\narea or licence area; and\n(ii) each source of water discovered in a permit area, lease\narea or licence area;\n(j) prevention of water or other matter from entering a petroleum\npool through wells;\n(k) prevention of the waste or escape of petroleum or water from\na pipeline, water line, secondary line, pumping station, tank\nstation or valve station;\n(l) maintaining in good condition and repair all structures,\nequipment and other property in the adjacent area used or\nintended to be used for or in connection with the exploration\nfor, or the exploitation of, petroleum in the adjacent area;\n(m) removal from the adjacent area of structures, equipment and\nother property brought into the adjacent area for or in\nconnection with exploration for, or the exploitation of,\npetroleum that are not used or intended to be used in\nconnection with exploration for, or the exploitation of,\npetroleum in the adjacent area;\n(n) provide that a contravention or failure to comply with the\nRegulations is an offence and prescribing:\n(i) a maximum penalty of 100 penalty units for a natural\nperson and 500 penalty units for a body corporate for the\noffence; and\n(ii) a further maximum penalty of 100 penalty units for a\nnatural person and 500 penalty units for a body\ncorporate for each day on which the offence occurs.\n(3) The Regulations may make provision in relation to matter by\napplying, adopting or incorporating, with or without modification, a\ncode of practice or standard contained in an instrument (including\nan instrument issued or made outside Australia), as in force or\nexisting at the time when the Regulations take effect or as in force\nor existing from time to time, being a code of practice or standard\nthat is relevant to the matter.\n(4) The Regulations may prohibit the doing of an act or thing either\nunconditionally or subject to conditions, including conditions\nrequiring the grant, as prescribed by the Regulations, of the\nconsent or approval of a person specified in the Regulations.\n\nPetroleum (Submerged Lands) Act 1981 157\n(5) The Regulations may prescribe, in relation to the exploration for\npetroleum, and the exploitation of, the adjacent area, matters for\ncarrying out or giving effect to the Convention entitled \"Convention\non the Continental Shelf\" signed at Geneva on 29 April 1958.\n(6) The Regulations may:\n(a) make different provision in relation to:\n(i) different persons or matters; or\n(ii) different classes of persons or matters; or\n(b) apply differently by reference to specified exceptions or\nfactors.\n","sortOrder":191},{"sectionNumber":"170","sectionType":"section","heading":"Transitional regulations for occupational health and safety","content":"170 Transitional regulations for occupational health and safety\nThe Regulations may make provision for any transitional matters\narising out of the amendments made to this Act by the Petroleum\n(Submerged Lands) Amendment Act 2004.\n\nPetroleum (Submerged Lands) Act 1981 158\nsection 4\nThe area the boundary of which commences at the point that is the\nintersection of the coastline at mean low water by the boundary between the\nNorthern Territory of Australia and the State of Western Australia and runs\nthence northerly along the geodesic to a point of Latitude 14° 37' 30\" South,\nLongitude 129° 01' 45\" East, thence northerly along the geodesic to a point of\nLatitude 14° 32' 30\" South, Longitude 129° 01' 15\" East, thence north-westerly\nalong the geodesic to a point of Latitude 14° 19' 30\" South, Longitude 128° 53'\nEast, thence north-westerly along the geodesic to a point of Latitude 14°\nSouth, Longitude 128° 42' 15\" East, thence north-westerly along the geodesic\nto a point of Latitude 13° 49' 45\" South, Longitude 128° 33' 15\" East, thence\nnorth-westerly along the geodesic to a point of Latitude 13° 39' 45\" South,\nLongitude 128° 30' 45\" East, thence north-westerly along the geodesic to a\npoint of Latitude 13v 15' 30\" South, Longitude 128° 28' East, thence northerly\nalong the meridian of Longitude 128° 28' East to its intersection by the parallel\nof Latitude 12° 55' 30\" South, thence north-westerly along the geodesic to a\npoint of Latitude 12° 32' 45\" South, Longitude 128° 24' East, thence north-\nwesterly along the geodesic to a point of Latitude 12° 26' 30\" South, Longitude\n128° 22' East, thence north-westerly along the geodesic to a point of Latitude\n11° 48' South, Longitude 127° 53' 45\" East, thence north-westerly along the\ngeodesic to a point of Latitude 11° 13' 15\" South, Longitude 127° 32' East,\nthence north-westerly along the geodesic to a point of Latitude 10° 05' South,\nLongitude 126° 47' 30\" East, thence north-easterly along the geodesic to a\npoint of Latitude 9° 53' 45\" South, Longitude 127° 18' 30\" East, thence north-\neasterly along the geodesic to a point of Latitude 9° 28' South, Longitude 127°\n56' East, thence north-easterly along the rhumb line to a point of Latitude 9°\n25' South, Longitude 128° East, thence easterly along the rhumb line which is\non the parallel of Latitude 9° 25' South to its intersection by the meridian of\nLongitude 130° 10' East, thence north-easterly along the rhumb line to a point\nof Latitude 8° 54' South, Longitude 133° 14' East, thence north-easterly along\nthe rhumb line to a point of Latitude 8° 53' South, Longitude 133° 23' East,\nthence south-easterly along the rhumb line to a point of Latitude 9° 25' South,\nLongitude 134° 50' East, thence north-easterly along the rhumb line to a point\nof Latitude 9° 22' South, Longitude 135° 03' East, thence north-easterly along\nthe rhumb line to a point of Latitude 9° 17' South, Longitude 135° 13' East,\nthence north-easterly along the rhumb line to a point of Latitude 9° 08' South,\nLongitude 135° 29' East, thence south-easterly along the rhumb line to a point\nof Latitude 9° 57' South, Longitude 137° 45' East, thence south-easterly along\nthe rhumb line to a point of Latitude 10° 09' South, Longitude 138° 13' East,\nthence south-easterly along the rhumb line to a point of Latitude 10° 22'\nSouth, Longitude 138° 35' East, thence south-easterly along the rhumb line to\na point of Latitude 10° 24' South, Longitude 138° 38' East, thence south-\neasterly along the rhumb line to a point of Latitude 10° 50' South, Longitude\n139° 12' East, thence south-easterly along the geodesic to a point of Latitude\n10° 51' South, Longitude 139° 12' 30\" East, thence south-easterly along the\n\nPetroleum (Submerged Lands) Act 1981 159\ngeodesic to a point of Latitude 11° South, Longitude 139° 15' East, thence\nsoutherly along the meridian of Longitude 139° 15' East to its intersection by\nthe parallel of Latitude 14° 30' South, thence westerly along that parallel to its\nintersection by the meridian of Longitude 138° 30' East, thence southerly\nalong that meridian to its intersection by the parallel of Latitude 15° 55' South,\nthence south-westerly along the geodesic to the intersection of the coastline\nat mean low water by the boundary between the Northern Territory of\nAustralia and the State of Queensland, thence along the coastline of the\nNorthern Territory of Australia at mean low water to the point of\ncommencement.\n\nPetroleum (Submerged Lands) Act 1981 160\nsection 152\n","sortOrder":192},{"sectionNumber":"Part 1","sectionType":"part","heading":"Introduction","content":"Part 1 Introduction\n1 Objects\nThe objects of this Schedule are, in relation to facilities located in\nthe adjacent area:\n(a) to secure the occupational health and safety and welfare of\npersons at or near those facilities;\n(b) to protect persons at or near those facilities from risks to\noccupational health and safety arising out of activities being\nconducted at those facilities;\n(c) to ensure expert advice is available on occupational health\nand safety matters in relation to those facilities;\n(d) to promote an occupational environment for members of the\nworkforce at those facilities that is adapted to their needs\nrelating to health and safety; and\n(e) to foster a consultative relationship between all relevant\npersons concerning the health, safety and welfare of members\nof the workforce at those facilities.\n","sortOrder":193},{"sectionNumber":"2","sectionType":"section","heading":"Simplified outline","content":"2 Simplified outline\n(1) This clause sets out a simplified outline of this Schedule.\n(2) This Schedule sets up a scheme to regulate occupational health\nand safety matters at or near facilities.\n(3) Occupational health and safety duties are imposed on the following:\n(a) the operator of a facility;\n(b) a person in control of a part of a facility or of any work carried\nout at a facility;\n(c) an employer;\n(d) a manufacturer of plant or a substance for use at a facility;\n(e) a supplier of a facility or of any plant or substance for use at a\n\nPetroleum (Submerged Lands) Act 1981 161\n(f) a person who erects or installs a facility or any plant at a\n(g) a person at a facility.\n(4) A group of members of the workforce at a facility may be\nestablished as a designated work group.\n(5) The members of a designated work group may select a health and\nsafety representative for that designated work group.\n(6) The health and safety representative may exercise certain powers\nfor the purpose of promoting or ensuring the occupational health\nand safety of group members.\n(7) An OHS inspector may conduct an inspection:\n(a) to ascertain whether a listed OHS law is being complied with;\nhappened at or near a facility.\n(8) The operator of a facility must report accidents and dangerous\noccurrences to the Safety Authority.\n","sortOrder":194},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn this Schedule, unless the contrary intention appears:\naccident includes the contraction of a disease.\nassociated offshore place, in relation to a facility, means any\noffshore place near the facility where activities (including diving\nactivities) relating to the construction, installation, operation,\nmaintenance or decommissioning of the facility take place, but does\nnot include:\n(a) another facility;\n(b) a supply vessel, offtake tanker, anchor handler or tugboat; or\n(c) a vessel, or structure, that is declared by the regulations not to\nbe an associated offshore place.\ncontract includes an arrangement or understanding.\ncontractor has the meaning in clause 7.\n\nPetroleum (Submerged Lands) Act 1981 162\ndangerous occurrence means an occurrence declared by the\nregulations to be a dangerous occurrence.\ndesignated work group means:\n(a) a group of members of the workforce at a facility that is\nestablished as a designated work group under clause 18\nor 19; or\n(b) that group as varied in accordance with clause 20 or 21.\nemployee, in relation to an employer, means an employee of the\nemployer.\nemployer means an employer who carries on an activity at a\nfacility means a facility within the meaning of clause 4, and:\n(a) includes a facility that is being constructed or installed; and\n(b) except in the definition of associated offshore place,\nincludes an associated offshore place in relation to a facility\n(as defined by clause 4).\ngroup member, in relation to a designated work group at a facility,\nmeans a person who is:\n(a) a member of the workforce at that facility; and\n(b) included in that designated work group.\nimprovement notice means an improvement notice issued under\nclause 61(1).\ninspection means an inspection conducted under Part 4 of this\nSchedule, and includes an investigation or inquiry.\nmaster, in relation to a vessel, means the person having command\nor charge of the vessel.\nmember of the workforce, in relation to a facility, means a natural\nperson who does work at the facility, whether as:\n(a) an employee of the operator of the facility or another person;\nor\n(b) a contractor of the operator or another person.\noffshore petroleum operations has the meaning in Part III.\n\nPetroleum (Submerged Lands) Act 1981 163\noperator, in relation to a facility or proposed facility, means the\nperson who, under the regulations, is taken to be the operator of\nthe facility or proposed facility.\noperator's representative at a facility means a person present at\nthe facility in compliance with the obligations imposed on the\noperator by clause 5.\nown includes own jointly and own in part.\nplant includes any machinery, equipment and tool and any\ncomponent of those things.\npremises includes the following:\n(a) a structure or building;\n(b) a place (whether or not enclosed or built on);\n(c) a part of a thing mentioned in paragraph (a) or (b).\nprohibition notice means a prohibition notice issued under\nclause 59(1).\nproposed facility means a facility proposed to be constructed,\ninstalled or operated.\nrecovery, in relation to petroleum, includes all processes directly or\nindirectly associated with its recovery.\nregistered organisation means an organisation within the\nmeaning of the Workplace Relations Act 1996 of the\nCommonwealth.\nregulated business premises means:\n(a) a facility; or\n(b) premises that are:\n(i) occupied by a person who is the operator of a facility;\nand\n(ii) used, or proposed to be used, wholly or principally in\nconnection with offshore petroleum operations.\nregulations means:\n(a) regulations made for this Schedule; or\n\nPetroleum (Submerged Lands) Act 1981 164\n(b) regulations of the Commonwealth relating to occupational\nhealth and safety matters as applied for this Schedule.\nreviewing authority means the Australian Industrial Relations\nCommission.\nwork means work offshore that is directly or indirectly related to the\nconstruction, installation, operation, maintenance or\ndecommissioning of a facility.\nworkforce representative means:\n(a) in relation to a person who is a member of the workforce at a\nfacility – a registered organisation of which the person is a\nmember if the person is qualified to be a member of the\norganisation because of the work the person performs at the\nfacility; or\n(b) in relation to a designated work group or a proposed\ndesignated work group – a registered organisation of which a\nperson who is, or who is likely to be, in the work group is a\nmember if the person is qualified to be a member of the\norganisation because of the work the person performs, or will\nperform, at a facility as a member of the group.\nwork group employer, in relation to a designated work group at a\nfacility, means an employer of one or more group members, but\ndoes not include the operator of the facility.\nworkplace, in relation to a facility, means the whole facility or any\npart of the facility.\n4 Facilities\n(1) A vessel or structure is taken to be a facility for this Schedule while\nthe vessel or structure:\n(a) is located at a site in the adjacent area; and\n(b) is being used, or prepared for use, at the site:\n(i) for the recovery of petroleum, for the processing of\npetroleum, or for the storage and offloading of\npetroleum, or for any combination of those activities;\n(ii) for the provision of accommodation for persons working\non another facility (whether or not connected by a\nwalkway to that other facility);\n\nPetroleum (Submerged Lands) Act 1981 165\n(iii) for drilling or servicing a well for petroleum or doing work\nassociated with the drilling or servicing process;\n(iv) for laying pipes for petroleum, including any\nmanufacturing of such pipes and for doing work on an\nexisting pipe;\n(v) for the erection, dismantling or decommissioning of a\nvessel or structure mentioned in a previous\nsubparagraph; or\n(vi) for another purpose related to offshore petroleum\noperations prescribed by the regulations.\n(2) Subclause (1) applies to a vessel or structure:\n(a) whether it is floating or fixed; and\n(b) whether or not it is capable of independent navigation.\n(3) Subclause (1) has effect subject to subclauses (6)and (7).\n(4) A vessel or structure used for a purpose mentioned in\nsubclause (1)(b)(i) includes:\n(a) any wells and associated plant and equipment by means of\nwhich petroleum processed or stored at the vessel or structure\nis recovered;\n(b) any pipe or system of pipes through which petroleum is\nconveyed from a well to the vessel or structure; and\n(c) any secondary line associated with the vessel or structure.\n(5) For subclause (1), a vessel or structure that is located offshore for\nlaying pipes as described in subclause (1)(b)(iv) is taken to be\nlocated at a site despite the fact the vessel or structure moves as\nthe pipe laying process proceeds.\n(6) Despite subclause (1), a vessel or structure is taken not to be a\nfacility for this Schedule if the vessel or structure is:\n(a) an offtake tanker;\n(b) a tug or anchor handler;\n(c) a vessel or structure used for supplying a facility or otherwise\ntravelling between a facility and the shore; or\n(d) a vessel or structure used for any purpose declared by the\nregulations not to be a facility.\n\nPetroleum (Submerged Lands) Act 1981 166\n(7) In determining when a vessel or structure that has the potential to\nbe used for one or more of the purposes mentioned in\nsubclause (1)(b) is in fact being so used, the vessel or structure is\ntaken:\n(a) to commence to be so used only at the time when it arrives at\nthe site where it is to be so used and any activities necessary\nto make it operational at that site are started; and\n(b) to cease to be so used when operations cease and the vessel\nor structure has been returned either to a navigable form or to\na form in which it can be towed to another place.\n(8) Each of the following is taken to be a facility for this Schedule:\n(a) a pipeline subject to a pipeline licence;\n(b) if a pipeline subject to a pipeline licence conveys petroleum\nrecovered from a well without the petroleum having passed\nthrough another facility, the pipeline together with:\n(i) the well and associated plant and equipment; and\n(ii) any pipe or system of pipes through which petroleum is\nconveyed from the well to the pipeline.\n(9) In subclause (8)(b):\nfacility does not include a pipeline.\n5 Operator must ensure presence of operator's representative\n(1) The operator of a facility must ensure, at all times when one or\nmore natural persons are present at the facility, there is also\npresent a natural person (the operator's representative at the\nfacility) who has day-to-day management and control of operations\nat the facility.\n\nPetroleum (Submerged Lands) Act 1981 167\n(2) The operator of a facility must ensure the name of the operator's\nrepresentative at the facility is displayed in a prominent place at the\n(3) Subclause (1) does not imply that, if the operator is a natural\nperson, the operator's representative at the facility may not be, from\ntime to time, the operator.\n6 Health and safety of persons using accommodation facility\nTo remove doubt, a reference in this Schedule to the occupational\nhealth and safety of a person includes a reference to the health and\nsafety of a person using an accommodation facility provided for the\naccommodation of persons working on another facility.\n7 Contractor\nFor this Schedule, a natural person is taken to be a contractor of\nanother person if the natural person does work at a facility under a\ncontract for services between:\n(a) the other person; and\n(b) either:\n(i) the natural person; or\n(ii) the natural person's employer.\nPart 2 Occupational health and safety\nDivision 1 Duties relating to occupational health and safety\n8 Duties of operator\n(1) The operator of a facility must take all reasonably practicable steps\nto ensure:\n(a) the facility is safe and without risk to the health of any person\nat or near the facility; and\n\nPetroleum (Submerged Lands) Act 1981 168\n(b) all work and other activities carried out on the facility are\ncarried out in a manner that is safe and without risk to the\nhealth of any person at or near the facility.\n(2) Without limiting subclause (1), the operator of a facility must:\n(a) provide and maintain a physical environment at the facility that\nis safe and without risk to health;\n(b) provide and maintain adequate facilities for the welfare of all\nmembers of the workforce at the facility;\n(c) ensure any plant, equipment, materials and substances at the\nfacility are safe and without risk to health;\n(d) implement and maintain systems of work at the facility that are\nsafe and without risk to health;\n(e) implement and maintain appropriate procedures and\nequipment for the control of, and response to, emergencies at\nthe facility;\n(f) provide all members of the workforce, in appropriate\nlanguages, with the information, instruction, training and\nsupervision necessary for them to carry out their activities in a\nmanner that does not adversely affect the occupational health\nand safety of persons at the facility;\n(g) monitor the occupational health and safety of all members of\nthe workforce and keep records of that monitoring;\n(h) provide appropriate medical and first aid services at the\nfacility; and\n(i) develop, in consultation with members of the workforce and\nworkforce representatives, a policy relating to occupational\nhealth and safety that:\n(i) will enable the operator and the members to cooperate\neffectively in promoting and developing measures to\nensure the occupational health and safety of persons at\nthe facility;\n\nPetroleum (Submerged Lands) Act 1981 169\n(ii) will provide adequate mechanisms for reviewing the\neffectiveness of the measures; and\n(iii) provides for the making of an agreement that complies\nwith subclauses (4) and (5).\n(3) Subclause (2)(i) does not require the operator of a facility to engage\nin consultations with a workforce representative unless a member\nof the workforce at the facility has requested the workforce\nrepresentative to be involved in those consultations.\n(4) The agreement mentioned in subclause (2)(i)(iii) must be between:\n(a) on the one hand – the operator; and\n(b) on the other hand:\n(i) the members of the workforce; and\n(ii) if a member of the workforce at the facility has requested\na workforce representative in relation to the member to\nbe a party to that agreement – the workforce\nrepresentative.\n(5) The agreement mentioned in subclause (2)(i)(iii) must provide\nappropriate mechanisms for continuing consultation between:\n(a) on the one hand – the operator; and\n(b) on the other hand:\n(i) the members of the workforce; and\n(ii) if a member of the workforce at the facility has requested\na workforce representative in relation to the member to\nbe involved in consultations on a particular occasion –\nthe workforce representative.\n(6) The agreement may provide for any other matters agreed between\nthe parties to it.\n\nPetroleum (Submerged Lands) Act 1981 170\n","sortOrder":195},{"sectionNumber":"9","sectionType":"section","heading":"Duties of persons in control of parts of facility or particular","content":"9 Duties of persons in control of parts of facility or particular\nwork\n(1) A person who is in control of any part of a facility, or of any\nparticular work carried out at a facility, must take all reasonably\npracticable steps to ensure:\n(a) that part of the facility, or the place where the work is carried\nout, is safe and without risk to health; and\n(b) if the person is in control of particular work – the work is\ncarried out in a manner that is safe and without risk to health.\n(2) Without limiting subclause (1), a person who is in control of any part\nof a facility, or of any particular work carried out at a facility, must:\n(a) ensure the physical environment at that part of the facility, or\nat the place where that work is carried out, is safe and without\nrisk to health;\n(b) ensure any plant, equipment, materials and substances at or\nnear that part of the facility or that place, or used in that work,\nare safe and without risk to health;\n(c) implement and maintain systems of work at that part of the\nfacility, or in carrying out work at that place, that are safe and\n(d) ensure a means of access to, and egress from, that part of the\nfacility or that place that is safe and without risk to health; and\n(e) provide all members of the workforce located at that part of\nthe facility or engaged on that work, in appropriate languages,\nwith the information, instruction, training and supervision\nnecessary for them to carry out their work in a manner that is\nsafe and without risk to health.\n\nPetroleum (Submerged Lands) Act 1981 171\n10 Duties of employers\n(1) An employer must take all reasonably practicable steps to protect\nthe health and safety of employees at a facility.\n(2) Without limiting subclause (1), an employer must:\n(a) provide and maintain a working environment that is safe for\nemployees and without risk to their health;\n(b) ensure any plant, equipment, materials and substances used\nin connection with the employees' work are safe and without\nrisk to health;\n(c) implement and maintain systems of work that are safe and\n(d) provide a means of access to, and egress from, the\nemployees' work location that is safe and without risk to\nhealth; and\n(e) provide the employees, in appropriate languages, with the\ninformation, instruction, training and supervision necessary for\nthem to carry out their work in a manner that is safe and\nwithout risk to health.\n(3) A person has, in relation to a contractor of that person, the same\nobligations that an employer has under subclauses (1) and (2) in\nrelation to an employee of that employer, but only in relation to:\n(a) matters over which the first-mentioned person has control; or\n(b) matters over which:\n(i) the first-mentioned person would have had control apart\nfrom express provision to the contrary in a contract; and\n(ii) the first-mentioned person would, in the circumstances,\nusually be expected to have had control.\n(4) An employer must take all reasonable steps to:\n(a) monitor the health and safety of employees; and\n\nPetroleum (Submerged Lands) Act 1981 172\n(b) keep records of that monitoring.\n11 Duties of manufacturers in relation to plant and substances\n(1) A manufacturer of any plant that the manufacturer ought reasonably\nto expect will be used by members of the workforce at a facility\nmust take all reasonably practicable steps:\n(a) to ensure the plant is so designed and constructed as to be,\nwhen properly used, safe and without risk to health;\nand examination necessary in order to discover, and to\neliminate or minimise, any risk to health and safety that may\narise from the use of the plant; and\n(c) to make available, in connection with the use of the plant at a\nfacility, adequate written information about:\n(i) the use for which it is designed and has been tested;\n(ii) details of its design and construction; and\n(iii) any conditions necessary to ensure that, when put to the\nuse for which it was designed and tested, it will be safe\nand without risk to health.\n(2) A manufacturer of any substance that the manufacturer ought\nreasonably to expect will be used by members of the workforce at a\nfacility must take all reasonably practicable steps:\n(a) to ensure the substance is so manufactured as to be, when\nproperly used, safe and without risk to health;\nand examination necessary to discover, and to eliminate or\nminimise, any risk to health and safety that may arise from the\nuse of the substance; and\n\nPetroleum (Submerged Lands) Act 1981 173\n(c) to make available, in connection with the use of the substance\nat a facility, adequate written information concerning:\n(i) the use for which it is manufactured and has been\ntested;\n(ii) details of its composition;\n(iii) any conditions necessary to ensure, when put to the use\nfor which it was manufactured and tested, it will be safe\nand without risk to health; and\n(iv) the first aid and medical procedures that should be\nfollowed if the substance causes injury.\n(a) plant or a substance is imported into Australia by a person\nwho is not its manufacturer; and\n(b) at the time of the importation, the manufacturer of the plant or\nsubstance does not have a place of business in Australia,\nthe first-mentioned person is taken, for this clause, to be the\nmanufacturer of the plant or substance.\n(4) This clause does not affect the operation of any other law of the\nTerritory that imposes an obligation on a manufacturer in relation to\ndefective goods or in relation to information to be supplied in\nrelation to goods.\n12 Duties of suppliers of facilities, plant and substances\n(1) A supplier of a facility, or of any plant or substance the supplier\nought reasonably to expect will be used by members of the\nworkforce at a facility, must take all reasonably practicable steps:\n(a) to ensure, at the time of supply, the facility, plant or substance,\nis in such condition as to be, when properly used, safe and\n\nPetroleum (Submerged Lands) Act 1981 174\nand examination necessary to discover, and to eliminate or\nminimise, any risk to health or safety that may arise from the\ncondition of the facility, plant or substance; and\n(c) to make available the operator of the facility or person to\nwhom the plant or substance is supplied adequate written\ninformation in connection with the use of the facility, plant or\nsubstance about:\n(i) the condition of the facility, plant or substance at the time\nof supply;\n(ii) any risk to the health and safety of members of the\nworkforce at the facility to which the condition of the\nfacility, plant or substance may give rise unless it is\nproperly used;\n(iii) the steps that need to be taken in order to eliminate the\nrisk; and\n(iv) for a substance – the first aid and medical procedures\nthat should be followed if the condition of the substance\ncauses injury to a member of the workforce at the\n(2) For subclause (1), if a person (the ostensible supplier) supplies to\na person a facility, or any plant or substance that is to be used by\nmembers of the workforce at a facility, and the ostensible supplier:\n(a) carries on the business of financing the acquisition or the use\nof goods by other persons;\n(b) has, in the course of the business, acquired an interest in the\nfacility, plant or substance from another person (the actual\nsupplier), solely for financing its acquisition by, or its provision\nto, the person to whom it is finally supplied; and\n(c) has not taken possession of the facility, plant or substance, or\nhas taken possession of the facility, plant or substance solely\nfor passing possession of the facility, plant or substance to the\nperson to whom it is finally supplied,\n\nPetroleum (Submerged Lands) Act 1981 175\na reference in subclause (1) to a supplier must, in relation to the\nfacility, plant or substance mentioned in this subclause, be read as\na reference to the actual supplier and not as a reference to the\nostensible supplier.\n(3) This clause does not affect the operation of another law of the\nTerritory that imposes an obligation in relation to the sale or supply\nof goods or the information to be supplied in relation to goods.\n13 Duties of persons erecting facilities or installing plant\n(1) A person who erects or installs a facility or erects or installs any\nplant at a facility must take all reasonably practicable steps to\nensure the facility or plant is not erected or installed in a way that is\nunsafe or constitutes a risk to health.\n(2) This clause does not affect the operation of another law of the\nTerritory that imposes an obligation in relation to the erection or\ninstallation of structures or goods or the supply of services.\n14 Duties of persons in relation to occupational health and safety\n(1) A person at a facility must, at all times, take all reasonably\npracticable steps:\n(a) to ensure the person does not take any action, or make any\nomission, that creates a risk, or increases an existing risk, to\nthe occupational health and safety of that or another person at\nor near the facility;\n(b) in relation to any obligation imposed on the operator or on\nanother person by or under a listed OHS law – to cooperate\nwith the operator or the other person to the extent necessary\nto enable the operator or other person to fulfil the obligation;\nand\n(c) to use equipment that is:\n(i) supplied to the person by the operator, an employer of\nthe person or any other person having control of work at\na facility (the equipment supplier); and\n\nPetroleum (Submerged Lands) Act 1981 176\n(ii) necessary to protect the occupational health and safety\nof the person or of any other person at or near the\nfacility,\nin accordance with any instructions given by the equipment\nsupplier, consistent with the safe and proper use of the\nequipment.\n(2) Despite subclause (1), the choice or manner of use, or choice and\nmanner of use, of equipment of the kind mentioned in\nsubclause (1)(c)(ii) is a matter that may be, consistently with each\nlisted OHS law:\n(a) agreed on between the equipment supplier and any relevant\nhealth and safety representative; or\n(b) agreed on by a health and safety committee.\n(3) If an agreement of the kind mentioned in subclause (2)(a) or (b)\nprovides a process for choosing equipment of a particular kind that\nis to be provided by the equipment supplier, action must not be\ntaken against a person for failure to use equipment of the kind that\nis so provided unless the equipment has been chosen in\naccordance with the process.\n(4) If an agreement of the kind mentioned in subclause (2)(a) or (b)\nprovides a process for determining the manner of use of equipment\nof a particular kind, action must not be taken against a person for\nfailure to use, in the manner required by the equipment supplier,\nequipment of the kind that is so provided unless the manner has\nbeen determined in accordance with the process.\n15 Reliance on information supplied or results of research\n(1) For the application of clause 8, 9 or 10 to the use of plant or a\nsubstance, a person on whom an obligation is imposed under any\nof those clauses is regarded as having taken reasonably\npracticable steps as required by the relevant clause, in relation to\nthe use of the plant or substance, to the extent that:\n(a) the person ensured, so far as practicable, its use was in\naccordance with the information supplied by the manufacturer\nor the supplier of the plant or substance relating to\noccupational health and safety in its use; and\n\nPetroleum (Submerged Lands) Act 1981 177\n(b) it was reasonable for the person to rely on the information.\n(2) For the application of clause 11 or 12 to carrying out research,\ntesting and examining a facility, or any plant or substance, a person\non whom an obligation is imposed under either of those clauses is\nregarded as having taken reasonably practicable steps as required\nby the relevant clause, in relation to carrying out research, testing\nand examining the facility, plant or substance, to the extent that:\n(a) the research, testing or examination has already been carried\nout by or on behalf of someone else; and\n(b) it was reasonable for the person to rely on the research,\ntesting or examination.\n(3) For the application of clause 13 to the erection of a facility or\nerection or installation of plant at a facility, a person on whom an\nobligation is imposed under the clause is regarded as having taken\nreasonably practicable steps as required by that clause to the\nextent that:\n(a) the person ensured, so far as is reasonably practicable, the\nerection of the facility, or erection or installation of the plant,\nwas:\n(i) in accordance with information supplied by the\nmanufacturer or supplier of the facility or plant relating to\nits erection or its installation; and\n(ii) consistent with the occupational health and safety of\npersons at the facility; and\n(b) it was reasonable for the person to rely on the information.\n(4) This clause does not limit what constitutes reasonably practicable\nsteps as required by clause 8, 9,10, 11, 12 or 13.\nDivision 2 Regulations relating to occupational health and\nsafety\n16 Regulations\n(1) The regulations may make provision relating to any matter\naffecting, or likely to affect, the occupational health and safety of\npersons at a facility.\n\nPetroleum (Submerged Lands) Act 1981 178\n(2) Regulations made for subclause (1) may make provision for any of\nthe following:\n(a) prohibiting or restricting the performance of all work or\nspecified work at a facility;\n(b) prohibiting or restricting the use of all plant or specified plant\nat a facility;\n(c) prohibiting or restricting the carrying out of all processes or a\nspecified process at a facility;\n(d) prohibiting or restricting the storage or use of all substances or\nspecified substances at a facility;\n(e) specifying the form in which information required to be made\navailable under clause 11(1)(c) or 12(1)(c) is made available;\n(f) prohibiting, except in accordance with licences granted under\nthe regulations, the use of specified plant or substances at a\n(g) providing for:\n(i) the issue, variation, renewal, transfer, suspension and\ncancellation of those licences; and\n(ii) the conditions to which the licences may be subject;\n(h) regulating the maintenance and testing of plant used at a\n(i) regulating the labelling or marking of substances used at a\n(j) regulating the transport of specified plant or substances for\nuse at a facility;\n(k) prohibiting the performance, at a facility, of specified activities\nor work except:\n(i) by persons who satisfy requirements of the regulations\nas to qualifications, training or experience; or\n(ii) under the supervision specified in the regulations;\n(l) requiring specified action to avoid accidents or dangerous\noccurrences;\n(m) providing for, or prohibiting, specified action in the event of\naccidents or dangerous occurrences;\n\nPetroleum (Submerged Lands) Act 1981 179\n(n) providing for the employment at a facility of persons to perform\nspecified duties relating to the maintenance of occupational\nhealth and safety at the facility;\n(o) regulating the provision and use, at a facility, of protective\nclothing and equipment, safety equipment and rescue\nequipment;\n(p) providing for monitoring the health of members of the\nworkforce at a facility and the conditions at the facility;\n(q) requiring employers to keep records of matters related to the\noccupational health and safety of employees;\n(r) providing for the provision of first aid equipment and facilities\nat facilities.\n","sortOrder":196},{"sectionNumber":"Part 3","sectionType":"part","heading":"Workplace arrangements","content":"Part 3 Workplace arrangements\n17 Simplified outline\n(1) This clause sets out a simplified outline of this Part.\n(2) A group of members of the workforce at a facility may be\nestablished as a designated work group.\n(3) The members of a designated work group may select a health and\nsafety representative for that designated work group.\n(4) The health and safety representative may exercise certain powers\nfor promoting or ensuring the occupational health and safety of\ngroup members.\n(5) A health and safety committee may be established in relation to the\nmembers of the workforce at a facility.\n(6) The main function of a health and safety committee is to assist the\noperator in relation to occupational health and safety matters.\n\nPetroleum (Submerged Lands) Act 1981 180\nDivision 2 Designated work groups\nSubdivision 1 Establishment of designated work groups\n18 Establishment of designated work groups by request\n(1) A request to the operator of a facility to enter into consultations to\nestablish designated work groups in relation to the members of the\nworkforce at the facility may be made by:\n(a) any member of the workforce; or\n(b) if a member of the workforce requests a workforce\nrepresentative in relation to the member to make the request\nto the operator – the workforce representative.\n(2) The operator of a facility must, within 14 days after receiving a\nrequest under subclause (1), enter into consultations with:\n(a) if any member of the workforce made a request to establish\n(i) that member of the workforce;\n(ii) if that member requests the operator enter into\nconsultations with a workforce representative in relation\nto the member – that workforce representative; and\n(iii) each employer (if any) of members of the workforce; and\n(b) if a workforce representative made a request to establish\n(i) if a member of the workforce requests the operator enter\ninto consultations with that workforce representative –\nthat workforce representative; and\n(ii) each employer of members of the workforce.\n(3) Within 14 days after completing consultations about the\nestablishment of the designated work groups, the operator must, by\nnotifying the members of the workforce, establish the designated\nwork groups in accordance with the outcome of the consultations.\n\nPetroleum (Submerged Lands) Act 1981 181\n19 Establishment of designated work groups at initiative of\noperator\n(1) If, at any time, the operator of a facility considers designated work\ngroups should be established, the operator must enter into\nconsultations with:\n(a) all members of the workforce;\n(b) if a member of the workforce requests the operator enter into\nconsultations with a workforce representative in relation to the\nmember – that workforce representative; and\n(c) each employer (if any) of members of the workforce.\n(2) Within 14 days after completing consultations about the\nestablishment of the designated work groups, the operator must, by\nnotifying the members of the workforce, establish the designated\nwork groups in accordance with the outcome of the consultations.\n","sortOrder":197},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Variation of designated work groups","content":"Subdivision 2 Variation of designated work groups\n20 Variation of designated work groups by request\n(1) A request to the operator of a facility to enter into consultations to\nvary designated work groups that have already been established in\nrelation to the members of the workforce at the facility may be\nmade by:\n(a) any member of the workforce; or\n(b) if a member of the workforce requests a workforce\nrepresentative in relation to the member to make the request\nto the operator – that workforce representative.\n(2) The operator of a facility must, within 14 days after receiving a\nrequest under subclause (1), enter into consultations with:\n(a) if any member of the workforce made a request to vary\n(i) that member of the workforce;\n(ii) the health and safety representative of each designated\nwork group affected by the proposed variation; and\n(iii) each work group employer (if any) in relation to each\ndesignated work group affected by the proposed\nvariation; and\n\nPetroleum (Submerged Lands) Act 1981 182\n(b) if a workforce representative made a request to vary\n(i) if a member of a designated work group affected by the\nproposed variation requests that the operator enter into\nconsultations with that workforce representative in\nrelation to the group – that workforce representative;\n(ii) the health and safety representative of each designated\nwork group affected by the proposed variation; and\n(iii) each work group employer (if any) in relation to each\ndesignated work group affected by the proposed\nvariation.\n(a) consultations take place about the variation of designated\nwork groups that have already been established; and\n(b) as a result of the consultations, it has been determined that\nthe variation of some or all of those designated work groups is\njustified,\nthen, within 14 days after completing the consultations, the operator\nmust, by notifying the members of the workforce who are affected\nby the variation, vary those designated work groups in accordance\nwith the outcome of the consultations.\n21 Variation of designated work groups at initiative of operator\n(1) If the operator of a facility believes the designated work groups\nshould be varied, the operator may, at any time, enter into\nconsultations about the variations with:\n(a) the health and safety representative of each of the designated\nwork groups affected by the proposed variation;\n(b) if a member of a designated work group affected by the\nproposed variation requests that the operator enter into\nconsultations with that workforce representative in relation to\nthe group – that workforce representative; and\n(c) each work group employer (if any) in relation to each\ndesignated work group affected by the proposed variation.\n(2) If:\n(a) consultations take place about the variation of designated\nwork groups that have already been established; and\n\nPetroleum (Submerged Lands) Act 1981 183\n(b) as a result of the consultations, it has been determined that\nthe variation of some or all of those designated work groups is\njustified,\nthen, within 14 days after completing the consultations, the operator\nmust, by notifying the members of the workforce who are affected\nby the variation, vary the designated work groups in accordance\nwith the outcome of the consultations.\n","sortOrder":198},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"General","content":"Subdivision 3 General\n22 Referral of disagreement to reviewing authority\n(1) If, in the course of consultations under clause 18, 19, 20 or 21,\nthere is a disagreement between any of the parties to the\nconsultation about the manner of establishing or varying a\ndesignated work group, any party may, for facilitating that\nconsultation, refer the matter of disagreement to the reviewing\nauthority.\n(2) If the matter of a disagreement is referred to the reviewing\nauthority, the parties to the disagreement must complete the\nconsultation in accordance with the resolution of that matter by the\nreviewing authority.\n23 Manner of grouping members of the workforce\n(1) Consultations about the establishment or variation of a designated\nwork group must be directed principally at the determination of the\nmanner of grouping members of the workforce:\n(a) that best and most conveniently enables their interests relating\nto occupational health and safety to be represented and\nsafeguarded; and\n(b) that best takes account of the need for any health and safety\nrepresentative selected for that designated work group to be\naccessible to each group member.\n(2) The parties to the consultations must have regard, in particular, to:\n(a) the number of members of the workforce at the facility to\nwhich the consultation relates;\n(b) the nature of each type of work performed by those members;\n(c) the number and grouping of those members who perform the\nsame or similar types of work;\n(d) the workplaces where each type of work is performed;\n\nPetroleum (Submerged Lands) Act 1981 184\n(e) the nature of any risks to health and safety at each of those\nworkplaces; and\n(f) any overtime or shift working arrangement at the facility.\n(3) The designated work groups must be established or varied in such\na way that, so far as practicable, each of the members of the\nworkforce at a facility is in a designated work group.\n(4) All the members of the workforce at a facility may be in one\nDivision 3 Health and safety representatives\nSubdivision 1 Selection of health and safety representatives\n24 Selection of health and safety representatives\n(1) One health and safety representative may be selected for each\n(2) A person is not eligible for selection as the health and safety\nrepresentative for a designated work group unless the person is a\nmember of the workforce included in the group.\n(3) A person is taken to have been selected as the health and safety\nrepresentative for a designated work group if:\n(a) all the members of the workforce in the group unanimously\nagree to the selection; or\n(b) the person is elected as the health and safety representative\nof the group in accordance with clause 25.\n25 Election of health and safety representatives\n(a) there is a vacancy in the office of health and safety\nrepresentative for a designated work group; and\n(b) within a reasonable time after the vacancy occurs, a person\nhas not been selected under clause 24(3)(a),\nthe operator of the facility must invite nominations from all group\nmembers for election as the health and safety representative of the\ngroup.\n\nPetroleum (Submerged Lands) Act 1981 185\n(2) If the office of health and safety representative is vacant and the\noperator has not invited nominations within a further reasonable\ntime that is no later than 6 months after the vacancy occurred, the\nSafety Authority may direct the operator to do so.\n(3) If there is more than one candidate for election at the close of the\nnomination period, the operator must conduct, or arrange for the\nconduct of, an election at the operator's expense.\n(4) The election must be conducted in accordance with regulations\nmade for this subclause if this is requested by the lesser of:\n(a) 100 members of the workforce normally in the designated\nwork group; or\n(b) a majority of the members of the workforce normally in the\n(5) If there is only one candidate for election at the close of the\nnomination period, that person is taken to have been elected.\n(6) A person cannot be a candidate in the election if he or she is\ndisqualified under clause 31.\n(7) All the members of the workforce in the designated work group are\nentitled to vote in the election.\n(8) An operator conducting or arranging for the conduct of an election\nunder this clause must comply with any relevant directions issued\nby the Safety Authority.\n26 List of health and safety representatives\nThe operator of a facility must:\n(a) prepare and keep up to date a list of all the health and safety\nrepresentatives of designated work groups comprising\nmembers of the workforce performing work at the facility; and\n(b) ensure the list is available for inspection, at all reasonable\ntimes, by:\n(i) the members of the workforce at the facility; and\n(ii) OHS inspectors.\n\nPetroleum (Submerged Lands) Act 1981 186\n27 Members of designated work group must be notified of\nselection etc. of health and safety representative\nThe operator of a facility must:\n(a) notify members of a designated work group in relation to the\nfacility of a vacancy in the office of health and safety\nrepresentative for the designated work group within a\nreasonable time after the vacancy arises; and\n(b) notify those members of the name of any person selected\n(whether under clause 24(3)(a) or (b)) as health and safety\nrepresentative for the designated work group within a\nreasonable time after the selection is made.\n28 Term of office\nholds office:\n(a) if, in consultations that took place under clause 18, 19, 20\nor 21, the parties to the consultations agreed to the period for\nwhich the health and safety representative for the group was\nto hold office – for that period; or\n(b) if paragraph (a) does not apply – for 2 years.\n(2) The term of office of a health and safety representative begins at\nthe start of the day on which he or she was selected.\n(3) This clause does not prevent a health and safety representative\nfrom being selected for further terms of office.\n29 Training of health and safety representatives\nmust undertake a course of training relating to occupational health\nand safety that is accredited by the Safety Authority for this clause.\n(2) The operator of the facility concerned must permit the\nrepresentative to take any time off work, without loss of\nremuneration or other entitlements, that is necessary to undertake\nthe training.\n(3) If a person other than the operator is the employer of the\nrepresentative, that person must permit the representative to take\nany time off work, without loss of remuneration or other\nentitlements, that is necessary to undertake the training.\n\nPetroleum (Submerged Lands) Act 1981 187\n30 Resignation etc. of health and safety representatives\n(1) A person ceases to be the health and safety representative for the\ndesignated work group if:\n(a) the person resigns as the health and safety representative;\n(b) the person ceases to be a group member of that designated\nwork group;\n(c) the person's term of office expires without the person having\nbeen selected, under clause 24, to be the health and safety\nrepresentative for the designated work group for a further\nterm; or\n(d) the person is disqualified under clause 31.\n(2) A person may resign as the health and safety representative for a\ndesignated work group by notice in writing delivered to the operator\nand to each work group employer.\n(3) If a person resigns as the health and safety representative for a\ndesignated work group, the person must notify the resignation to\nthe group members.\n(4) If a person has ceased to be the health and safety representative\nfor a designated work group because of subclause (1)(b), the\nperson must notify in writing:\n(a) the group members; and\n(b) the operator and each work group employer,\nthat the person has ceased to be the health and safety\nrepresentative for that designated work group.\n31 Disqualification of health and safety representatives\n(1) An application for the disqualification of a health and safety\nrepresentative for a designated work group may be made to the\nSafety Authority by:\n(a) the operator;\n(b) a work group employer; or\n(c) at the request of a group member of the designated work\ngroup – a workforce representative in relation to the\n\nPetroleum (Submerged Lands) Act 1981 188\n(2) The application may be made on either or both of the following\ngrounds:\n(a) that action taken by the representative in the exercise or\npurported exercise of a power under clause 33(1) or any other\nprovision of this Schedule was taken:\n(i) with the intention of causing harm to the operator or\nwork group employer or to an undertaking of the\noperator or work group employer; or\n(ii) unreasonably, capriciously or not for the purpose for\nwhich the power was conferred on the representative;\n(b) that the representative has intentionally used, or disclosed to\nanother person, for a purpose that is not connected with the\nexercise of a power of a health and safety representative,\ninformation acquired from the operator or work group\nemployer.\n(3) On the application, the Safety Authority may disqualify the\nrepresentative, for a specified period not exceeding 5 years, from\nbeing a health and safety representative for any designated work\ngroup, if the Safety Authority is satisfied the representative has\nacted in a manner mentioned in subclause (2).\n(4) In making a decision under subclause (3), the Safety Authority must\nhave regard to:\n(a) the harm (if any) that was caused to the operator or work\ngroup employer or to an undertaking of the operator or work\ngroup employer as a result of the action of the representative;\n(b) the past record of the representative in exercising the powers\nof a health and safety representative;\n(c) the effect (if any) on the public interest of the action of the\nrepresentative; and\n(d) any other matters the Safety Authority considers relevant.\n32 Deputy health and safety representatives\n(1) One deputy health and safety representative may be selected for\neach designated work group for which a health and safety\nrepresentative has been selected.\n(2) A deputy health and safety representative must be selected in the\nsame way as a health and safety representative under clause 24.\n\nPetroleum (Submerged Lands) Act 1981 189\n(3) If the health and safety representative for a designated work group:\n(a) ceases to be the health and safety representative; or\n(b) is unable (because of absence or for any other reason) to\nexercise the powers of a health and safety representative,\nthen:\n(c) the powers may be exercised by the deputy health and safety\nrepresentative (if any) for the group; and\n(d) this Schedule (other than this clause) applies in relation to the\ndeputy health and safety representative accordingly.\nSubdivision 2 Powers of health and safety representatives\n33 Powers of health and safety representatives\nmay, for promoting or ensuring the health and safety at a workplace\nof the group members:\n(a) do all or any of the following:\n(i) inspect the whole or any part of the workplace if there\nhas, in the immediate past, been an accident or\ndangerous occurrence at the workplace or if there is an\nimmediate threat of such an accident or dangerous\noccurrence;\n(ii) inspect the whole or any part of the workplace if the\nhealth and safety representative has given reasonable\nnotice of the inspection to the operator's representative\nat the facility and to any other person having immediate\ncontrol of the workplace;\n(iii) make a request to an OHS inspector or to the Safety\nAuthority that an inspection be conducted at the\nworkplace;\n(iv) accompany an OHS inspector during any inspection at\nthe workplace by the OHS inspector (whether or not the\ninspection is being conducted as a result of a request\nmade by the health and safety representative);\n(v) if there is no health and safety committee in relation to\nthe members of the workforce at the facility – represent\ngroup members in consultations with the operator and\nany work group employer about the development,\n\nPetroleum (Submerged Lands) Act 1981 190\nimplementation and review of measures to ensure the\nhealth and safety of those members at the workplace;\n(vi) if a health and safety committee has been established in\nrelation to the members of the workforce at the facility –\nexamine any of the records of that committee;\n(b) investigate complaints made by any group member to the\nhealth and safety representative about the health and safety of\nany of the members of the workforce (whether in the group or\nnot);\n(c) with the consent of a group member, be present at any\ninterview about health and safety at work between that\nmember and:\n(i) an OHS inspector;\n(ii) the operator or a person representing the operator; or\n(iii) a work group employer or person representing the\nemployer;\n(d) obtain access to any information under the control of the\noperator or any work group employer:\n(i) relating to risks to the health and safety of any group\nmember; and\n(ii) relating to the health and safety of any group member;\nand\n(e) issue provisional improvement notices in accordance with\nclause 37.\n(2) Subclause (1)(d)(ii) has effect subject to clause 35.\n34 Assistance by consultant\n(1) A health and safety representative for a designated work group is\nentitled, in the exercise of his or her powers, to be assisted by a\nconsultant.\n(2) A health and safety representative for a designated work group\nmay:\n(a) be assisted by a consultant at a workplace at which work is\nperformed; or\n\nPetroleum (Submerged Lands) Act 1981 191\n(b) provide to a consultant information that has been provided to\nthe health and safety representative by a group member under\nclause 33(1)(d),\nonly if the operator or the Safety Authority has, in writing, agreed to\nthe provision of that assistance at that workplace or the provision of\nthat information.\n(3) The operator or a workplace employer does not become liable,\nbecause of the agreement under subclause (2) to the provision of\nassistance by a consultant, for any remuneration or other expenses\nincurred in connection with the consultant's activities.\n(4) If a health and safety representative for a designated work group is\nbeing assisted by a consultant, the consultant is entitled to be\npresent with the representative at any interview, about health and\nsafety at work, between a group member and:\n(a) an OHS inspector; or\n(b) the operator or any work group employer or a person\nrepresenting the operator or that employer,\nonly if the group member consents to the presence of the\nconsultant.\n35 Information\n(1) A health and safety representative or consultant assisting a health\nand safety representative is not entitled, under clause 33(1)(d)(ii), to\nhave access to information in respect of which a group member is\nentitled to claim, and does claim, client legal privilege.\n(2) A health and safety representative or consultant assisting a health\nand safety representative is not entitled, under clause 33(1)(d)(ii), to\nhave access to information of a confidential medical nature relating\nto a person who is or was a group member unless:\n(a) the person has delivered to the operator or any work group\nemployer a written authority permitting the health and safety\nrepresentative, or the health and safety representative and the\nconsultant, as the case requires, to have access to the\ninformation; or\n(b) the information is in a form that does not identify the person or\n\nPetroleum (Submerged Lands) Act 1981 192\n36 Obligations and liabilities of health and safety representatives\nThis Schedule does not:\n(a) impose an obligation on a person to exercise any power\nconferred on the person because the person is a health and\nsafety representative; or\n(b) render a person liable in a civil proceeding because of:\n(i) a failure to exercise such a power; or\n(ii) the way such a power was exercised.\n37 Provisional improvement notices\n(a) a health and safety representative for a designated work\ngroup believes, on reasonable grounds, that a person:\n(i) is contravening a provision of a listed OHS law; or\n(ii) has contravened a provision of a listed OHS law and is\nlikely to contravene that provision again; and\n(b) the contravention affects or may affect one or more group\nmembers,\nthe representative must consult with the person supervising the\nrelevant activity in an attempt to reach agreement on rectifying the\ncontravention or preventing the likely contravention.\n(2) If, in the health and safety representative's opinion, agreement is\nnot reached within a reasonable time, the health and safety\nrepresentative may issue a provisional improvement notice to any\nor all of the persons (each of whom is in this clause called a\nresponsible person) responsible for the contravention.\n(3) If a responsible person is the operator, the improvement notice may\nbe issued to the operator by giving it to the operator's\n\nPetroleum (Submerged Lands) Act 1981 193\n(4) If it is not practicable to issue the notice to a responsible person\n(other than the operator or the supervisor) by giving it to that\nresponsible person:\n(a) the notice may be issued to that responsible person by giving\nit to the person who for the time being is, or may reasonably\nbe presumed to be, on behalf of the responsible person, in\ncharge of the activity to which the notice relates; and\n(b) if the notice is so issued, a copy of the notice must be given to\nthe responsible person as soon as practicable afterwards.\n(5) The notice must:\n(a) specify the contravention that, in the health and safety\nrepresentative's opinion, is occurring or is likely to occur, and\nspecify the reasons for that opinion; and\n(b) specify a period that:\n(i) is not less than 7 days starting on the day after the\nnotice is issued; and\n(ii) is, in the representative's opinion, reasonable,\nwithin which the responsible person is to take action\nnecessary to prevent any further contravention or to prevent\nthe likely contravention.\n(6) The notice may specify action that the responsible person is to take\nduring the period specified in the notice.\n(7) If, in the health and safety representative's opinion, it is appropriate\nto do so, the representative may, in writing and before the end of\nthe period, extend the period specified in the notice.\n(8) On issuing the notice, the health and safety representative must\ngive a copy of the notice to:\n(a) if the operator is not a responsible person – the operator;\n(b) each work group employer other than a work group employer\nwho is a responsible person;\n(c) if the supervisor is not a responsible person – the supervisor;\nand\n\nPetroleum (Submerged Lands) Act 1981 194\n(d) if the notice relates to any plant, substance or thing that is\nowned by a person other than a responsible person or a\nperson to whom a copy of the notice is given under\nparagraph (a), (b) or (c) – that owner.\n38 Effect of provisional improvement notice\n(1) Within 7 days after a notice is issued under clause 37:\n(a) the responsible person; or\n(b) any other person to whom a copy of the notice has been given\nunder clause 37(8),\nmay request the Safety Authority or an OHS inspector for an\ninspection of the matter to be conducted.\n(2) On the request being made, the operation of the notice is\nsuspended pending the determination of the matter by an OHS\ninspector.\n(3) As soon as possible after a request is made, an inspection must be\nconducted of the work that is the subject of the disagreement and\nthe OHS inspector conducting the inspection must:\n(a) confirm, vary or cancel the notice and notify the responsible\nperson and any person to whom a copy of the notice has been\ngiven under clause 37(8) accordingly; and\n(b) make decisions, and exercise powers, under Part 4 as the\nOHS inspector considers necessary in relation to the work.\n(4) If the OHS inspector varies a notice, the notice as so varied has\neffect:\n(a) so far as the notice concerns obligations imposed on the\nresponsible person that are unaffected by the variation – as if\nthe notice as so varied resumed effect on the day of the\nvariation; and\n(b) so far as the notice concerns new obligations imposed by\nvirtue of the variation – as if the notice as so varied were a\nnew notice issued on the day of the variation.\n(5) If the notice is issued to a responsible person, the responsible\nperson must:\n(a) notify each group member who is affected by the notice of the\nfact of the issue of the notice; and\n\nPetroleum (Submerged Lands) Act 1981 195\n(b) until the notice ceases to have effect, cause a copy of the\nnotice to be displayed at or near each workplace at which the\nwork that is the subject of the notice is being performed.\n(6) The notice ceases to have effect if:\n(a) it is cancelled by an OHS inspector or the health and safety\nrepresentative; or\n(b) the responsible person:\n(i) takes the action specified in the notice; or\n(ii) if no action is so specified – takes the action necessary\nto prevent the further contravention, or likely\ncontravention, concerned.\n(7) The responsible person:\n(a) must ensure, to the extent the notice relates to any matter\nover which the person has control, the notice is complied with;\nand\n(b) must take reasonable steps to inform the health and safety\nrepresentative who issued the notice of the action taken to\n(8) For clause 65, if the OHS inspector confirms or varies the notice,\nthe OHS inspector is taken to have decided, under clause 61, to\nissue an improvement notice in those terms.\nSubdivision 3 Duties of the operator and other employers in\nrelation to health and safety representatives\n39 Duties of operator and other employers in relation to health\nand safety representatives\n(1) The operator of a facility, in relation to which a designated work\ngroup having a health and safety representative has been\nestablished, must:\n(a) on being requested to do so by the representative, consult\nwith the representative on the implementation of changes at\nany workplace at which some or all of the group members\nperform work, being changes that may affect their health and\nsafety;\n\nPetroleum (Submerged Lands) Act 1981 196\n(b) in relation to a workplace at which some or all of the group\nmembers perform work:\n(i) permit the representative to make any inspection of the\nworkplace that the representative is entitled to make in\naccordance with clause 33(1)(a)(i) and to accompany an\nOHS inspector during an inspection at the workplace by\nthe OHS inspector; and\n(ii) if there is no health and safety committee in respect of\nthe members of the workforce – on being requested to\ndo so by the representative, consult with the\nrepresentative about the development, implementation\nand review of measures to ensure the health and safety\nof group members;\n(c) permit the representative to be present at any interview at\nwhich the representative is entitled to be present under\nclause 33(1)(c);\n(d) provide to the representative access to any information to\nwhich the representative is entitled to obtain access under\nclause 33(1)(d)(i) or (ii) and to which access has been\nrequested;\n(e) permit the representative to take any time off work, without\nloss of remuneration or other entitlements, that is necessary to\nexercise the powers of a health and safety representative; and\n(f) provide the representative with access to any facilities that\nare:\n(i) prescribed by the regulations; or\n(ii) necessary for exercising the powers of a health and\nsafety representative.\n(2) Subclause (1)(d) has effect subject to subclauses (3) and (4).\n(3) The operator must not permit a health and safety representative in\nrelation to a designated work group to have access to information\nthat:\n(a) is of a confidential medical nature under the control of the\noperator; and\n(b) relates to a person who is or was a group member,\n\nPetroleum (Submerged Lands) Act 1981 197\n(c) the person has delivered to the employer a written authority\npermitting the representative to have access to the\ninformation; or\n(d) the information is in a form that does not identify the person or\n(4) The operator is not required to give a health and safety\nrepresentative access to any information in respect of which the\noperator is entitled to claim, and does claim, client legal privilege.\n(5) The duties imposed by this clause on the operator in relation to the\nhealth and safety representative for a designated work group apply\nequally, to the extent that the matters to which the duties relate are\nwithin the control of a work group employer or of a supervisor of\nparticular work, to that employer and to that supervisor.\nDivision 4 Health and safety committees\n40 Health and safety committees\n(1) A health and safety committee must be established in relation to the\nmembers of the workforce at a facility if:\n(a) the number of those members normally present at the facility\nis not less than 50 (whether or not those members are all at\nwork at the facility at the same time);\n(b) the members of the workforce are included in one or more\ndesignated work groups; and\n(c) the operator is requested to establish the committee by the\nhealth and safety representative for the designated work\ngroup or for one of the designated work groups.\n(2) The health and safety committee consists of:\n(a) the number of members specified in an agreement reached\nbetween the operator and the members of the workforce; or\n(b) if there is no such agreement, an equal number of:\n(i) members, chosen by the members of the workforce, to\nrepresent the interests of members of the workforce; and\n(ii) members, chosen by the operator, to represent the\ninterests of the operator and the employer (other than\nthe operator) of members of the workforce.\n\nPetroleum (Submerged Lands) Act 1981 198\n(3) The agreement mentioned in subclause (2)(a) may:\n(a) specify the persons who are to be members to represent the\ninterests of the operator and employers (other than the\noperator) of members of the workforce; and\n(b) provide for the way in which persons who are to be members\nto represent the interests of members of the workforce are to\nbe chosen.\n(4) If regulations made for this clause specify procedures for the\nselection of persons as members of health and safety committees\nto represent the interests of members of the workforce, an\nagreement mentioned in subclause (2)(a) must not provide for\nmembers to be chosen in a way inconsistent with the regulations.\n(5) A health and safety committee must hold a meeting at least once\nevery 3 months.\n(6) The procedure at meetings of a health and safety committee must,\nexcept to the extent provided for by the regulations, be the\nprocedure agreed on by the committee.\n(7) A health and safety committee must cause minutes of its meetings\nto be kept and must retain those minutes for not less than 3 years.\n(8) This clause does not prevent an operator from establishing, in\nconsultation with registered unions or any other persons,\ncommittees concerned with occupational health and safety in\nrelation to undertakings carried on by the operator.\n41 Functions of health and safety committee\n(1) A health and safety committee has the following functions:\n(a) to assist the operator of the facility concerned:\n(i) to develop and implement measures designed to protect;\nand\n(ii) to review and update measures used to protect the\nhealth and safety at work of members of the workforce;\n(b) to facilitate cooperation between the operator of the facility,\nemployers (other than the operator) of members of the\nworkforce, and members of the workforce, in relation to\noccupational health and safety matters;\n\nPetroleum (Submerged Lands) Act 1981 199\n(c) to assist the operator to disseminate among members of the\nworkforce, in appropriate languages, information relating to\nhealth and safety at work;\n(d) any functions prescribed by the regulations;\n(e) any other functions that are agreed between the operator and\nthe health and safety committee.\n(2) A health and safety committee has power to do all things necessary\nor convenient to be done for or in connection with the performance\nof its functions.\n(3) This Schedule does not:\n(a) impose an obligation on a person to do any act, because the\nperson is a member of a health and safety committee, in\nconnection with the performance of a function conferred on\nthe committee; or\n(b) render such a person liable in a civil proceeding because of:\n(i) a failure to do such an act; or\n(ii) the manner in which such an act was done.\n42 Duties of the operator and other employers in relation to health\nand safety committees\n(1) If there is a health and safety committee, the operator and any\nemployer (other than the operator) of a member of the workforce\nmust:\n(a) make available to the committee any information possessed\nby the operator or that employer relating to risks to health and\nsafety to members of the workforce; and\n(b) permit any member of the committee who is a member of the\nworkforce to take time off work, without loss of remuneration\nor other entitlements, as is necessary for the member\nadequately to participate in the performance by the committee\nof its functions.\n(2) Subclause (1)(a) has effect subject to subclauses (3) and (4).\n\nPetroleum (Submerged Lands) Act 1981 200\n(3) The operator or any employer (other than the operator) of a\nmember of the workforce must not make available to a health and\nsafety committee information of a confidential nature relating to a\nperson who is or was a member of the workforce unless:\n(a) the person has authorised the information to be made\navailable to the committee; or\n(b) the information is in a form that does not identify the person or\n(4) The operator or any employer (other than the operator) of a\nmember of the workforce is not required to make available to a\nhealth and safety committee any information in respect of which the\noperator or employer is entitled to claim, and does claim, client\nlegal privilege.\n","sortOrder":199},{"sectionNumber":"Div 5","sectionType":"division","heading":"Emergency procedures","content":"Division 5 Emergency procedures\n43 Action by health and safety representatives\n(1) If a health and safety representative for a designated work group\nhas reasonable cause to believe there is an imminent and serious\ndanger to the health or safety of any person at or near the facility\nunless a group member or group members cease to perform\nparticular work, the representative must:\n(a) inform a person (a supervisor) supervising the group member\nor group members in the performance of the work of the\ndanger; or\n(b) if no supervisor can be contacted immediately:\n(i) direct the group member or group members to cease, in\na safe manner, to perform the work; and\n(ii) as soon as practicable, inform a supervisor that the\ndirection has been given.\n(2) If a supervisor is informed under subclause (1)(a) of a danger to the\nhealth or safety of any person at or near the facility, the supervisor\nmust take the action he or she thinks appropriate to remove the\ndanger, including directing a group member or group members to\ncease, in a safe manner, to perform the work.\n(a) a health and safety representative has informed a supervisor\nunder subclause (1)(a) of a danger; and\n\nPetroleum (Submerged Lands) Act 1981 201\n(b) the representative has reasonable cause to believe that,\ndespite any action taken by the supervisor in accordance with\nsubclause (2), there continues to be an imminent and serious\ndanger to the health or safety of any person at or near the\nfacility unless the group member or group members cease to\nperform particular work,\nthe representative must:\n(c) direct the group member or group members to cease, in a\nsafe manner, to perform the work; and\n(d) as soon as practicable, inform the supervisor that the direction\nhas been given.\n(4) If:\n(a) a health and safety representative gives a direction under\nsubclause (1)(b), but is unable to agree with a supervisor\nwhom the representative has informed under that subclause\nthat there is a need for a direction under that subclause; or\n(b) a health and safety representative gives a direction under\nsubclause (3)(c),\nthe representative or supervisor may request the Safety Authority or\nan OHS inspector that an inspection be conducted of the work the\nsubject of the direction.\n(5) As soon as possible after a request is made, an inspection must be\nconducted of the work that is the subject of the direction and the\nOHS inspector conducting the inspection must make decisions, and\nexercise powers, under Part 4 as the OHS inspector considers\nnecessary in relation to the work.\n(6) This clause does not limit the power of a health and safety\nrepresentative under clause 33(1)(a)(iii) to request an OHS\ninspector or the Safety Authority that an inspection be conducted at\nthe workplace.\n44 Directions to perform other work\nIf:\n(a) a group member who is an employee has ceased to perform\nwork, in accordance with the direction of a health and safety\nrepresentative under clause 43(1)(b) or (3)(c); and\n\nPetroleum (Submerged Lands) Act 1981 202\n(b) the cessation of work does not continue after:\n(i) the health and safety representative has agreed with a\nperson supervising work at the workplace where the\nwork was being performed that the cessation of work\nwas not, or is no longer, necessary; or\n(ii) an OHS inspector has, under clause 43(5), made a\ndecision to the effect that the employee should perform\nthe work,\nthe employer may direct the employee to perform suitable\nalternative work, and the employee is taken, for all purposes, to be\nrequired to perform that other work under the terms and conditions\nof the employee's employment.\n","sortOrder":200},{"sectionNumber":"Div 6","sectionType":"division","heading":"Exemptions","content":"Division 6 Exemptions\n45 Safety Authority may exempt persons\n(1) The Safety Authority may, in accordance with the regulations, make\na written order exempting a specified person or class of person\nfrom any or all of the provisions of this Part (other than this clause).\n(2) The Safety Authority must not make an order under subclause (1)\nunless it is satisfied on reasonable grounds it is impracticable for\nthe person to comply with the provision or provisions.\n","sortOrder":201},{"sectionNumber":"Part 4","sectionType":"part","heading":"Inspections","content":"Part 4 Inspections\n46 Simplified outline\n(1) This clause sets out a simplified outline of this Part.\n(2) An OHS inspector may conduct an inspection:\n(a) to ascertain whether a listed OHS law is being complied with;\nhappened at or near a facility.\n(3) An OHS inspector may issue a prohibition notice to the operator of\na facility in order to remove an immediate threat to the health and\nsafety of any person.\n\nPetroleum (Submerged Lands) Act 1981 203\n(4) An OHS inspector may issue an improvement notice specifying\naction that is to be taken to prevent contravention of a listed OHS\nlaw.\n(5) An OHS inspector must prepare a report about an inspection and\ngive the report to the Safety Authority.\n47 Powers, functions and duties of OHS inspectors\n(1) An OHS inspector has the powers, functions and duties conferred\nor imposed by the listed OHS laws.\n(2) The Safety Authority may give written directions specifying the\nmanner in which, and the conditions subject to which, powers\nconferred on OHS inspectors by a listed OHS law must be\nexercised.\n(3) If it does so, the powers of OHS inspectors must be exercised in\naccordance with the directions.\n(4) The Safety Authority may, by notice in writing, impose restrictions,\nnot inconsistent with any direction in force under subclause (2), on\nthe powers that are conferred on a particular OHS inspector by a\nlisted OHS law.\n(5) If it does so, the powers of the OHS inspector are taken to have\nbeen restricted accordingly.\nDivision 2 Inspections\n48 Inspections\n(1) An OHS inspector may, at any time, conduct an inspection:\n(a) to ascertain whether the requirements of, or any requirements\nproperly made under, a listed OHS law are being complied\nwith;\nhappened at a facility.\n(2) The Safety Authority may direct an OHS inspector to conduct an\ninspection:\n(a) to ascertain whether the requirements of, or any requirements\nproperly made under, a listed OHS law are being complied\nwith;\n\nPetroleum (Submerged Lands) Act 1981 204\nhappened at a facility.\n(3) The OHS inspector must, unless the Safety Authority revokes the\ndirection, conduct an inspection accordingly.\nDivision 3 Powers of OHS Inspectors in relation to conduct of\ninspections\nSubdivision 1 General powers of entry and search\n49 Powers of entry and search – facilities\n(1) An OHS inspector may, for the purposes of an inspection, at any\nreasonable time during the day or night:\n(a) enter the facility to which the inspection relates and do all or\nany of the following:\n(i) search the facility;\n(ii) inspect, examine, take measurements of, or conduct\ntests concerning, any workplace at the facility or any\nplant, substance or thing at the facility;\n(iii) take photographs of, make video recordings of, or make\nsketches of, any workplace at the facility or any plant,\nsubstance or thing at the facility;\n(iv) inspect, take extracts from, or make copies of, any\ndocuments at the facility that the OHS inspector has\nreasonable grounds to believe relate, or are likely to\nrelate, to the subject matter of the inspection; and\n(b) inspect the seabed and subsoil in the vicinity of the facility to\nwhich the inspection relates.\n(2) Immediately on entering a facility for the purposes of an inspection,\nan OHS inspector must take reasonable steps to notify the purpose\nof entering the facility to:\n(a) the operator's representative at the facility; and\n(b) if there is a health and safety representative for a designated\nwork group having a group member likely to be affected by the\nmatter the subject of the inspection – that representative,\n\nPetroleum (Submerged Lands) Act 1981 205\nand must, on being requested to do so by the person mentioned in\nparagraph (a) or (b), produce for inspection by that person:\n(c) the OHS inspector's identity card;\n(d) a copy of the Safety Authority's written direction (if any) to\nconduct the inspection; and\n(e) a copy of the restrictions (if any) imposed on the powers of the\nOHS inspector under clause 47(4).\n(3) If there is a health and safety representative for a designated work\ngroup having a group member likely to be affected by the matter the\nsubject of the inspection, the OHS inspector must afford the health\nand safety representative a reasonable opportunity to consult on\nthe matter the subject of the inspection.\n50 Powers of entry and search – regulated business premises\n(other than facilities)\n(1) An OHS inspector may, for the purposes of an inspection:\n(a) at any reasonable time, enter any regulated business\npremises (other than a facility) if the OHS inspector has\nreasonable grounds to believe there are likely to be at those\npremises documents that relate to a facility that is, or to facility\noperations that are, the subject of the inspection; and\n(b) search for, inspect, take extracts from, or make copies of, any\nsuch documents at those premises.\n(2) Immediately on entering premises mentioned in subclause (1), an\nOHS inspector must take reasonable steps to notify the purpose of\nthe entry to the occupier of those premises, and must, on being\nrequested to do so by the occupier, produce for inspection by the\noccupier:\n(a) the OHS inspector's identity card;\n(b) a copy of the Safety Authority's written direction (if any) to\nconduct the inspection; and\n(c) a copy of the restrictions (if any) imposed on the powers of the\nOHS inspector under clause 47(4).\n\nPetroleum (Submerged Lands) Act 1981 206\n51 Powers of entry and search – premises (other than regulated\nbusiness premises)\n(1) An OHS inspector may, for the purposes of an inspection:\n(a) enter any premises (other than regulated business premises)\nif the OHS inspector has reasonable grounds to believe there\nare likely to be at those premises documents that relate to a\nfacility that is, or to facility operations that are, the subject of\nthe inspection; and\n(b) search for, inspect, take extracts from, or make copies of, any\nsuch documents at those premises.\n(2) An OHS inspector may exercise the powers mentioned in\nsubclause (1) to enter premises only:\n(a) if the premises are not a residence:\n(i) in accordance with a warrant under clause 52; or\n(ii) with the consent of the occupier of the premises; or\n(b) if the premises are a residence – with the consent of the\noccupier of the premises.\n(3) Immediately on entering premises mentioned in subclause (1), an\nOHS inspector must:\n(a) take reasonable steps to notify the purpose of the entry to the\noccupier of those premises;\n(b) take reasonable steps to produce, for inspection by the\noccupier, the OHS inspector's identity card; and\n(c) on being requested to do so by the occupier, produce, for\ninspection by the occupier:\n(i) a copy of the Safety Authority's written direction (if any)\nto conduct the inspection; and\n(ii) a copy of the restrictions (if any) imposed on the powers\nof the OHS inspector under clause 47(4).\n(4) If:\n(a) an OHS inspector enters premises in accordance with a\nwarrant under clause 52; and\n(b) the occupier of the premises is present at the premises,\n\nPetroleum (Submerged Lands) Act 1981 207\nthe OHS inspector must make a copy of the warrant available to the\noccupier.\n(5) Before obtaining the consent of a person as mentioned in\nsubclause (2)(a) or (b), an OHS inspector must inform the person\nthat:\n(a) the person may refuse consent; and\n(b) the consent may be withdrawn.\n(6) The consent of a person is not effective for subclause (2) unless the\nconsent is voluntary.\n52 Warrant to enter premises (other than regulated business\npremises)\n(1) An OHS inspector may apply to a Local Court Judge for a warrant\nauthorising the OHS inspector, with any assistance as the OHS\ninspector thinks necessary, to exercise the powers mentioned in\nclause 51(1) in relation to particular premises (other than a\nresidence).\n(2) The application must be supported by evidence on oath (whether\noral or by affidavit) that specifies the grounds on which the OHS\ninspector is applying for the warrant.\n(3) If the Local Court Judge is satisfied there are reasonable grounds\nfor issuing the warrant, the Local Court Judge may issue the\nwarrant.\n(4) A warrant issued under subclause (3) must state:\n(a) the name of the OHS inspector;\n(b) whether the inspection may be carried out at any time or only\nduring specified hours of the day;\n(c) the day on which the warrant ceases to have effect; and\n(d) the purposes for which the warrant is issued.\n(5) The day specified under subclause (4)(c) must not be more than\n30 days after the day on which the warrant is issued.\n(6) The purposes specified under subclause (4)(d) must include the\nidentification of the premises in relation to which the warrant is\nissued.\n\nPetroleum (Submerged Lands) Act 1981 208\n53 Obstructing or hindering OHS inspector\nA person must not, without reasonable excuse, obstruct or hinder\nan OHS inspector in the exercise of an OHS inspector's powers\nunder clause 49, 50 or 51.\nSubdivision 2 Other powers\n54 Power to require assistance and information\n(1) An OHS inspector may, to the extent that it is reasonably necessary\nto do so in connection with the conduct of an inspection, require:\n(a) the operator of a facility;\n(b) the person in charge of operations at a workplace in relation to\na facility;\n(c) a member of the workforce at a facility; or\n(d) any person representing a person mentioned in paragraph (a)\nor (b),\nto provide the OHS inspector with reasonable assistance and\nfacilities:\n(e) that is or are reasonably connected with the conduct of the\ninspection at or near the facility; or\n(f) for the effective exercise of the OHS inspector's powers under\nthis Schedule in connection with the conduct of the inspection\nat or near the facility.\n(2) The reasonable assistance mentioned in subclause (1) includes, so\nfar as the operator of the facility is concerned:\n(a) appropriate transport to or from the facility for the OHS\ninspector and for any equipment required by the OHS\ninspector, and any article of which the OHS inspector has\ntaken possession; and\n(b) reasonable accommodation and means of subsistence while\nthe OHS inspector is at the facility.\n\nPetroleum (Submerged Lands) Act 1981 209\n(3) A person must not fail, without reasonable excuse, to comply with a\nrequirement under this clause.\n55 Power to require answering of questions and production of\ndocuments or articles\n(a) an OHS inspector believes on reasonable grounds a person is\ncapable of answering a question that is reasonably connected\nwith the conduct of an inspection; and\n(b) the person is:\n(i) the operator of a facility;\n(ii) the person in charge of operations at a workplace in\nrelation to a facility;\n(iii) a member of the workforce at a facility; or\n(iv) representing a person mentioned in subparagraph (i)\nor (ii),\nthe OHS inspector may, to the extent it is reasonably necessary to\ndo so in connection with the conduct of the inspection, require the\nperson to answer the question put by the OHS inspector.\n(2) If, at the time when a requirement under subclause (1) is imposed\non a person, the person is not physically present on regulated\nbusiness premises, the person is not obliged to comply with the\nrequirement unless the requirement:\n(a) is in writing;\n(b) specifies the day on or before which the question is to be\nanswered (being at least 14 days after the day on which the\nrequirement is imposed); and\n(c) is accompanied by a statement to the effect that a failure to\ncomply with the requirement is an offence.\n\nPetroleum (Submerged Lands) Act 1981 210\n(a) an OHS inspector believes on reasonable grounds a person is\ncapable of producing a document or article that is reasonably\nconnected with the conduct of an inspection; and\n(b) the person is:\n(i) the operator of a facility;\n(ii) the person in charge of operations at a workplace in\nrelation to a facility;\n(iii) a member of the workforce at a facility; or\n(iv) representing a person mentioned in subparagraph (i)\nor (ii),\nthe OHS inspector may, to the extent it is reasonably necessary to\ndo so in connection with the conduct of the inspection, require the\nperson to produce the document or article.\n(4) If, at the time when a requirement under subclause (3) is imposed\non a person, the person is not physically present on regulated\nbusiness premises, the person is not obliged to comply with the\nrequirement unless the requirement:\n(a) is in writing;\n(b) specifies the day on or before which the document or article is\nto be produced (being at least 14 days after the day on which\nthe requirement is imposed); and\n(c) is accompanied by a statement to the effect that a failure to\ncomply with the requirement is an offence.\n(5) A person must not:\n(a) fail, without reasonable excuse, to comply with a requirement\nunder this clause; or\n\nPetroleum (Submerged Lands) Act 1981 211\n(b) in purported compliance with a requirement under this clause,\ngive information that is false or misleading in a material\nparticular.\n30 penalty units or imprisonment for\n150 penalty units.\n56 Privilege against self-incrimination\n(1) A person is not excused from answering a question or producing a\ndocument or article when required to do so under clause 55 on the\nground that the answer to the question, or the production of the\ndocument or article, may tend to incriminate the person or make the\nperson liable to a penalty.\n(2) However:\n(a) the answer given or document or article produced;\n(b) answering the question or producing the document or article;\nor\n(c) any information, document or thing obtained as a direct or\nindirect consequence of the answering of the question or the\nproduction of the document or article,\nis not admissible in evidence against the person in any civil\nproceeding or any criminal proceeding other than a proceeding for\nan offence against clause 55.\n","sortOrder":202},{"sectionNumber":"57","sectionType":"section","heading":"Power to take possession of plant, take samples of substances","content":"57 Power to take possession of plant, take samples of substances\netc.\n(1) In conducting an inspection, an OHS inspector may, to the extent it\nis reasonably necessary for the purposes of inspecting, examining,\ntaking measurements of or conducting tests concerning any plant,\nsubstance or thing at a facility in connection with the inspection:\n(a) take possession of the plant, substance or thing and remove it\nfrom the facility; or\n(b) take a sample of the substance or thing and remove that\nsample from the facility.\n\nPetroleum (Submerged Lands) Act 1981 212\n(2) On taking possession of plant, a substance or thing, or taking a\nsample of a substance or thing, the OHS inspector must, by notice\nin writing, inform:\n(a) the operator of the facility;\n(b) if the plant, substance or thing is used for the performance of\nwork by an employer of a member or members of the\nworkforce at the facility other than the operator of the facility –\nthat employer;\n(c) if the plant, substance or thing is owned by a person other\nthan a person mentioned in paragraph (a) or (b) – that person;\nand\n(d) if there is a health and safety representative for a designated\nwork group that includes a member of the workforce who is\naffected by the matter to which the inspection relates – that\nrepresentative,\nof the taking of possession or the taking of the sample and the\nreasons for it.\n(3) If the OHS inspector gives the notice to the operator of the facility to\nwhich the inspection relates, the operator's representative at the\nfacility must cause the notice to be displayed in a prominent place\nat the workplace from which the plant, substance or thing was\nremoved.\n(4) If the OHS inspector takes possession of plant, a substance or a\nthing at a workplace for the purpose of inspecting, examining,\ntaking measurements of or conducting tests concerning, the plant,\nsubstance or thing, the OHS inspector must:\n(a) ensure the inspection, examination, measuring or testing is\nconducted as soon as practicable; and\n(b) return it to the workplace as soon as practicable afterwards.\n(5) As soon as practicable after completing any such inspection,\nexamination, measurement or testing, the investigator must give a\nwritten statement specifying the results to each person whom the\ninvestigator is required to notify under subclause (2).\n\nPetroleum (Submerged Lands) Act 1981 213\n58 Power to direct that workplace etc. not be disturbed\n(1) An OHS inspector may give a direction under subclause (2) if, in\nconducting an inspection, the OHS inspector has reasonable\ngrounds to believe it is reasonably necessary to do so in order to:\n(a) remove an immediate threat to the health or safety of any\nperson; or\n(b) allow the inspection, examination or taking of measurements\nof, or conducting of tests concerning, a facility or any plant,\nsubstance or thing at the facility.\n(2) If subclause (1) applies, the OHS inspector may direct, by written\nnotice given to the operator's representative at the facility, that the\noperator must ensure:\n(a) a particular workplace; or\n(b) particular plant, or a particular substance or thing, not be\ndisturbed for a period specified in the direction.\n(3) The period specified in the direction must be a period that the OHS\ninspector has reasonable grounds to believe is necessary in order\nto remove the threat or to allow the inspection, examination,\nmeasuring or testing to take place.\n(4) The direction may be renewed by another direction in the same\nterms.\n(5) If an OHS inspector gives a notice to the operator's representative\nunder subclause (2), the operator's representative must cause the\nnotice to be displayed in a prominent place at the workplace:\n(a) that is to be left undisturbed; or\n(b) where the plant, substance or thing that is to be left\nundisturbed is located.\n(6) As soon as practicable after giving the direction, the OHS inspector\nmust take reasonable steps to give notice of the direction and the\nreasons for giving it to:\n(a) if the workplace, plant, substance or thing to which the\ndirection relates is owned by a person other than the operator\nof the facility – that person; and\n\nPetroleum (Submerged Lands) Act 1981 214\n(b) if there is a health and safety representative for a designated\nwork group that includes a group member performing work:\n(i) at a workplace; or\n(ii) involving the plant, substance or thing,\nto which the direction relates – that representative.\n(7) The operator of a facility to which a direction concerning a\nworkplace, plant, substance or thing relates must ensure the\ndirection is complied with.\n(8) A direction under subclause (2) must be accompanied by a\nstatement specifying the reasons for the direction.\n59 Power to issue prohibition notices\n(1) If, having conducted an inspection, an OHS inspector is satisfied on\nreasonable grounds it is reasonably necessary to issue a\nprohibition notice to the operator of a facility in order to remove an\nimmediate threat to the health or safety of any person, the OHS\ninspector may issue a prohibition notice, in writing, to the operator.\n(2) The notice must be issued to the operator by giving it to the\noperator's representative at the facility.\n(3) The notice must:\n(a) specify the activity in respect of which, in the OHS inspector's\nopinion, the threat to health or safety has arisen, and specify\nthe reasons for that opinion; and\n(b) either:\n(i) direct the operator to ensure the activity is not engaged\nin; or\n(ii) direct the operator to ensure the activity is not engaged\nin in a specified manner.\n(4) A specified manner may relate to one or more of the following:\n(a) any workplace, or part of a workplace, at which the activity is\nnot to be engaged in;\n\nPetroleum (Submerged Lands) Act 1981 215\n(b) any plant or substance that is not to be used in connection\nwith the activity;\n(c) any procedure that is not to be followed in connection with the\nactivity.\n(5) The notice may specify action that may be taken to satisfy an OHS\ninspector that adequate action has been taken to remove the threat\nto health and safety.\n(6) The operator's representative at the facility must:\n(a) give a copy of the notice to each health and safety\nrepresentative (if any) for any designated work group having\ngroup members performing work that is affected by the notice;\nand\n(b) cause a copy of the notice to be displayed at a prominent\nplace at or near each workplace at which that work is\nperformed.\n(7) If the notice relates to any workplace, plant, substance or thing that\nis owned by a person other than the operator, the OHS inspector\nmust, on issuing the notice, give a copy of the notice to that person.\n60 Compliance with prohibition notice\n(1) An operator must ensure a prohibition notice issued to the operator\nis complied with.\n(2) If an OHS inspector is satisfied action taken by the operator to\nremove the threat to health and safety in respect of which the notice\nwas issued is not adequate, the OHS inspector must inform the\noperator accordingly.\n(3) A prohibition notice ceases to have effect when an OHS inspector\nnotifies the operator that the OHS inspector is satisfied the operator\nhas taken adequate action to remove the threat to health or safety.\n(4) In making a decision under subclause (2), an OHS inspector may\nexercise any of the powers of an OHS inspector conducting an\ninspection the OHS inspector considers necessary for making the\ndecision.\n\nPetroleum (Submerged Lands) Act 1981 216\n61 Power to issue improvement notices\n(1) If, in conducting an inspection, an OHS inspector believes on\nreasonable grounds a person:\n(a) is contravening a provision of a listed OHS law; or\n(b) has contravened a provision of a listed OHS law and is likely\nto contravene that provision again,\nthe OHS inspector may issue an improvement notice, in writing, to\nthe person (the responsible person).\n(2) If the responsible person is the operator, the improvement notice\nmay be issued to the operator by giving it to the operator's\n(3) If the responsible person is an employer (other than the operator) of\nmembers of the workforce, but it is not practicable to give the notice\nto that employer:\n(a) the improvement notice may be issued to the employer by\ngiving it to the operator's representative at the facility; and\n(b) if the notice is so issued – the operator must ensure a copy of\nthe notice is given to the employer as soon as practicable\nafterwards.\n(4) The notice:\n(a) must specify the contravention that the OHS inspector\nbelieves is occurring or is likely to occur, and specify the\nreasons for that belief;\n(b) must specify a reasonable period within which the responsible\nperson is to take the action necessary to prevent any further\ncontravention or to prevent the likely contravention; and\n(c) may specify action the responsible person must take during\nthe period specified in the notice.\n(5) If the OHS inspector believes on reasonable grounds that it is\nappropriate to do so, the OHS inspector may, in writing and before\nthe end of the period, extend the period specified in the notice.\n(6) If an improvement notice is issued to an employer (other than the\noperator) of members of the workforce in circumstances other than\nthe circumstance mentioned in subclause (3), the employer must\nimmediately ensure a copy of the notice is given to the operator's\n\nPetroleum (Submerged Lands) Act 1981 217\n(7) If a notice is issued to the operator or to an employer (other than\nthe operator) of members of the workforce, the operator's\nrepresentative at the facility must:\n(a) give a copy of the notice to each health and safety\nrepresentative for a designated work group having group\nmembers performing work that is affected by the notice; and\n(b) cause a copy of the notice to be displayed in a prominent\nplace at or near each workplace at which the work is being\nperformed.\n(8) On issuing a notice, the OHS inspector must give a copy of the\nnotice to:\n(a) if the notice is:\n(i) given to a member of the workforce who is an employee;\nand\n(ii) in connection with work performed by the employee,\nthe employer of the employee;\n(b) if the notice relates to any workplace, plant, substance or thing\nthat is owned by a person other than:\n(i) a responsible person; or\n(ii) a person who is an employer mentioned in\nparagraph (a),\nthe owner; and\n(c) if the notice is issued to a person who owns any workplace,\nplant, substance or thing because of which a contravention of\na listed OHS law has occurred or is likely to occur:\n(i) the operator of the facility; and\n(ii) if the employer of employees who work in that workplace\nor who use that plant, substance or thing is a person\nother than the operator – the employer.\n\nPetroleum (Submerged Lands) Act 1981 218\n62 Compliance with improvement notice\nA person to whom an improvement notice is issued must comply\nwith it to the extent the notice relates to any matter over which the\nperson has control.\n63 Notices not to be tampered with or removed\n(1) A person must not, without reasonable excuse, tamper with any\nnotice that has been displayed under clause 57(3), 58(5), 59(6)\nor 61(7) while that notice is so displayed.\n(2) If a notice has been displayed under clause 57(3), a person must\nnot, without reasonable excuse, remove the notice until the plant or\nthing to which the notice relates is returned to the workplace from\nwhich it was removed.\n(3) If a notice has been displayed under clause 58(5), 59(6) or 61(7), a\nperson must not, without reasonable excuse, remove the notice\nbefore it has ceased to have effect.\n\nPetroleum (Submerged Lands) Act 1981 219\nDivision 4 Reports on inspections\n64 Reports on inspections\n(1) If an OHS inspector has conducted an inspection, the OHS\ninspector must, as soon as practicable, prepare a written report\nrelating to the inspection and give the report to the Safety Authority.\n(2) The report must include:\n(a) the OHS inspector's conclusions from conducting the\ninspection and the reasons for the conclusions;\n(b) any recommendations that the OHS inspector wishes to make\narising from the inspection; and\n(c) any other matters prescribed by the regulations.\n(3) As soon as practicable after receiving the report, the Safety\nAuthority must give a copy of the report, together with any written\ncomments that it wishes to make:\n(a) to the operator of the facility to which the report relates;\n(b) if the report relates to activities performed by an employee of\nanother person – that other person; and\n(c) if the report relates to any plant, substance or thing owned by\nanother person – that other person.\n(4) The Safety Authority may, in writing, request the operator or\nanother person to whom the report is given to provide to the Safety\nAuthority, within a reasonable period specified in the request,\ndetails of:\n(a) any action proposed to be taken as a result of the conclusions\nor recommendations contained in the report; and\n(b) if a notice has been issued under clause 59 or 61 in relation to\nwork being performed for the operator or that other person –\nany action taken, or proposed to be taken, in respect of that\nnotice,\nand the operator or that other person must comply with the request.\n\nPetroleum (Submerged Lands) Act 1981 220\n(5) As soon as practicable after receiving a report, the operator of a\nfacility must give a copy of the report, together with any written\ncomment made by the Safety Authority on the report:\n(a) if there is a least one health and safety committee in relation\nto some or all of the members of the workforce – to each such\ncommittee; and\n(b) if there is no such committee in relation to some or all of the\nmembers of the workforce, but some or all of those members\n(in respect of which there is no such committee) are in at least\none designated work group for which there is a health and\nsafety representative – to each such health and safety\nrepresentative.\nDivision 5 Appeals\n65 Appeals\n(1) If an OHS inspector, in conducting an inspection or having\nconducted an inspection:\n(a) decides, under clause 38, to confirm or vary a provisional\nimprovement notice;\n(b) decides, under clause 57, to take possession of plant, a\nsubstance or a thing at a workplace;\n(c) decides, under clause 58, to direct a workplace, a part of a\nworkplace, plant, a substance or a thing not be disturbed;\n(d) decides, under clause 59, to issue a prohibition notice;\n(e) decides, under clause 60, the operator of a facility to whom a\nprohibition notice has been issued has not taken adequate\naction to remove the threat to health and safety that caused\nthe notice to be issued; or\n(f) decides, under clause 61, to issue an improvement notice,\na person mentioned in subclause (2) may appeal to the reviewing\nauthority against the decision, by giving notice in writing to the\nreviewing authority.\n(2) The following persons may appeal:\n(a) the operator of the facility or any employer (other than the\noperator) who is affected by the decision;\n\nPetroleum (Submerged Lands) Act 1981 221\n(b) a person to whom a notice has been issued under\nclause 37(2) or 61(1);\n(c) the health and safety representative for a designated work\ngroup having a group member affected by the decision;\n(d) a workforce representative in relation to the designated work\ngroup that includes a group member who is affected by the\ndecision and who has requested the workforce representative\nto make the appeal;\n(e) if there is no such designated work group and a member of\nthe workforce affected by the decision has requested a\nworkforce representative in relation to the member to make\nthe appeal – that workforce representative;\n(f) a person who owns any workplace, plant, substance or thing\nto which the decision mentioned in subclause (1)(a), (b), (c)\nor (f) relates.\n(3) If an OHS inspector, having conducted an inspection:\n(a) decides, under clause 38, to cancel a provisional improvement\nnotice; or\n(b) decides, under clause 60, the operator of a facility to whom a\nprohibition notice has been issued has taken adequate action\nto remove the threat to health and safety that caused the\nnotice to be issued,\nan appeal against a decision may be made, by notice in writing, to\nthe reviewing authority by:\n(c) the health and safety representative for a designated work\ngroup having a group member affected by the decision;\n(d) a workforce representative in relation to the designated work\ngroup that includes a group member who is affected by the\ndecision and who has requested the workforce representative\nto make the appeal; or\n(e) if there is no such designated work group and a member of\nthe workforce affected by the decision has requested a\nworkforce representative in relation to the member to make\nthe appeal – that workforce representative.\n(4) Subject to this clause, giving notice of an appeal does not affect the\noperation of the decision appealed against or prevent the taking of\naction to implement that decision except to the extent the reviewing\nauthority makes an order to the contrary.\n\nPetroleum (Submerged Lands) Act 1981 222\n(5) If the decision appealed against is a decision under clause 61 to\nissue an improvement notice, the operation of the decision is\nsuspended pending determination of the appeal except to the\nextent the reviewing authority makes an order to the contrary.\n(6) If the decision appealed against is a decision of an OHS inspector\nunder clause 38 to confirm or vary a provisional improvement notice\nwhose operation has been suspended pending the inspection of the\nmatter to which the notice relates, the operation of the notice is\nfurther suspended pending determination of the appeal except to\nthe extent the reviewing authority makes an order to the contrary.\n66 Powers of reviewing authority on appeal\n(1) On an appeal, the reviewing authority may:\n(a) affirm or revoke the decision appealed against; and\n(b) if it revokes the decision – substitute any other decision of the\nkind appealed against that it considers appropriate.\n(2) If the decision is:\n(a) varied;\n(b) revoked; or\n(c) revoked with the substitution of another decision,\nthe decision is taken to have effect, and always to have had effect,\naccordingly.\n(a) the decision appealed against is a decision under clause 57 to\ntake possession of any plant, substance or thing at a\nworkplace; and\n(b) the decision is not affirmed,\nthe OHS inspector who made the decision must ensure, to the\nextent the decision is not affirmed, the plant, substance or thing is\nreturned to the workplace as soon as practicable.\n\nPetroleum (Submerged Lands) Act 1981 223\n","sortOrder":203},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"Part 5 General\n67 Notifying and reporting accidents and dangerous occurrences\n(1) If, at or near a facility, there is:\n(a) an accident that causes the death of, or serious personal\ninjury to, any person;\n(b) an accident that causes a member of the workforce to be\nincapacitated from performing work for a period prescribed by\nthe regulations for this paragraph; or\n(c) a dangerous occurrence,\nthe operator must, in accordance with the regulations, give the\nSafety Authority notice of, and a report about, the accident or\ndangerous occurrence.\n(2) Without limiting subclause (1), regulations made for subclause (1)\nmay prescribe:\n(a) the time within which, and the manner in which, notice of an\naccident or dangerous occurrence must be given, and the\nform of the notice; and\n(b) the time within which, and the manner in which, a report of an\naccident or dangerous occurrence must be given, and the\nform of the report.\n","sortOrder":204},{"sectionNumber":"68","sectionType":"section","heading":"Records of accidents and dangerous occurrences to be kept","content":"68 Records of accidents and dangerous occurrences to be kept\n(1) The operator of a facility must maintain, in accordance with the\nregulations, a record of each accident or dangerous occurrence in\nrespect of which the operator is required by clause 67 to notify the\nSafety Authority.\n(2) Without limiting subclause (1), regulations made for subclause (1)\nmay prescribe:\n(a) the nature of the contents of a record maintained under this\nclause; and\n(b) the period for which the record must be retained.\n","sortOrder":205},{"sectionNumber":"69","sectionType":"section","heading":"Codes of practice","content":"69 Codes of practice\n(1) The regulations may prescribe codes of practice for providing\npractical guidance to operators of facilities and employers (other\nthan operators) of members of the workforce at facilities.\n\nPetroleum (Submerged Lands) Act 1981 224\n(2) A person is not liable to any civil or criminal proceeding for\ncontravening a code of practice.\n70 Use of codes of practice in proceedings\n(1) This clause applies if, in a proceeding for an offence against a listed\nOHS law, it is alleged that a person contravened a provision of a\nlisted OHS law in relation to which a code of practice was in effect\nat the time of the alleged contravention.\n(2) The code of practice is admissible in evidence in the proceeding.\n(3) If the court is satisfied, in relation to any matter which it is\nnecessary for the prosecution to prove in order to establish the\nalleged contravention:\n(a) any provision of the code of practice is relevant to that matter;\nand\n(b) the person failed at any material time to comply with that\nprovision of the code of practice,\nthat matter is treated as proved unless the court is satisfied in\nrelation to that matter the person complied with that provision of a\nlisted OHS law otherwise than by complying with the code of\npractice.\n71 Interference etc. with protective equipment and safety devices\nA person must not, without reasonable excuse, do anything that\nresults in the interference with, or the rendering ineffective of, any\nprotective equipment or safety device provided for the occupational\nhealth and safety or welfare of members of the workforce at a\nfacility if the person knew (or ought reasonably to have known) the\nequipment or device was protective equipment or a safety device.\n500 penalty units or imprisonment for\n72 Members of workforce not to be levied\nThe operator of a facility or an employer (other than the operator) of\nmembers of the workforce at a facility must not levy, or permit to be\nlevied, on a member of the workforce any charge in relation to\nanything done or provided in accordance with a listed OHS law in\norder to ensure the occupational health and safety or welfare of\n\nPetroleum (Submerged Lands) Act 1981 225\npersons at or near the facility.\n73 Victimisation\n(1) An employer (whether the operator or another person) must not:\n(a) dismiss an employee;\n(b) perform an act that results in injury to an employee in his or\nher employment;\n(c) perform an act that prejudicially alters the employee's position\n(whether by deducting or withholding remuneration or by any\nother means); or\n(d) threaten to do any of those things,\nbecause the employee:\n(e) has complained or proposes to complain about a matter\nconcerning the health, safety or welfare of employees at work;\n(f) has assisted or proposes to assist, by giving information or\notherwise, the conduct of an inspection; or\n(g) has ceased, or proposes to cease, to perform work, in\naccordance with a direction by a health and safety\nrepresentative under clause 43(1)(b) or (3)(c), and the\ncessation or proposed cessation does not continue after:\n(i) the health and safety representative has agreed with a\nperson supervising the work that the cessation or\nproposed cessation was not, or is no longer, necessary;\nor\n(ii) an OHS inspector has, under clause 43(5), made a\ndecision that has the effect that the employee should\nperform the work.\n\nPetroleum (Submerged Lands) Act 1981 226\n(2) In a proceeding for an offence against subclause (1), if all the\nrelevant facts and circumstances (other than the reason for an\naction alleged in the charge) are proved, the defendant has the\nonus of establishing the action was not taken for that reason.\n74 Institution of prosecutions\n(1) A proceeding for an offence against a listed OHS law may be\ninstituted by the Safety Authority or by an OHS inspector.\n(2) A health and safety representative for a designated work group may\nrequest the Safety Authority to institute a proceeding for an offence\nagainst a listed OHS law in relation to the occurrence of an act or\nomission if:\n(a) a period of 6 months has elapsed since the act or omission\noccurred;\n(b) the health and safety representative considers the occurrence\nof the act or omission constitutes an offence against a listed\nOHS law; and\n(c) a proceeding for the offence has not been instituted.\n(3) A workforce representative in relation to a designated work group\nmay request the Safety Authority to institute a proceeding for an\noffence against a listed OHS law in relation to the occurrence of an\nact or omission if:\n(a) a period of 6 months has elapsed since the act or omission\noccurred;\n(b) the workforce representative considers that the occurrence of\nthe act or omission constitutes an offence against a listed\nOHS law;\n(c) a proceeding for the offence has not been instituted; and\n(d) a group member included in the group requests the workforce\nrepresentative to request the Safety Authority to institute the\nproceeding.\n(4) A request under subclause (2) or (3) must be in writing.\n(5) The Safety Authority must, within 3 months after receiving the\nrequest, advise the health and safety representative or the\nworkforce representative whether a proceeding under subclause (1)\nhas been or will be instituted, and, if not, give reasons why not.\n\nPetroleum (Submerged Lands) Act 1981 227\n75 Role of Commonwealth DPP\nThe Commonwealth Director of Public Prosecutions has the same\nfunctions and powers in relation to an offence against a listed OHS\nlaw as the Director would have if the offence were an offence\nagainst a law of the Commonwealth, including the power to institute\nand carry on an appeal arising out of a prosecution for the offence.\n76 Conduct of directors, employees and agents\n(1) This clause has effect for a proceeding for an offence against a\nlisted OHS law.\n(2) If it is necessary to establish the state of mind of a body corporate\nin relation to particular conduct, it is sufficient to show:\n(a) the conduct was engaged in by a director, employee or agent\nof the body corporate within the scope of actual or apparent\nauthority; and\n(b) the director, employee or agent had the state of mind.\n(3) Any conduct engaged in on behalf of a body corporate by a\ndirector, employee or agent of the body corporate within the scope\nof actual or apparent authority is taken to have been engaged in\nalso by the body corporate unless it establishes it took reasonable\nprecautions and exercised due diligence to avoid the conduct.\n(4) If it is necessary to establish the state of mind of a natural person in\nrelation to particular conduct, it is sufficient to show:\n(a) the conduct was engaged in by an employee or agent of the\nnatural person within the scope of actual or apparent authority;\nand\n(b) the employee or agent had the state of mind.\n(5) Any conduct engaged in on behalf of a natural person by an\nemployee or agent of the natural person within the scope of actual\nor apparent authority is taken to have been engaged in also by the\nnatural person unless the natural person establishes that he or she\ntook reasonable precautions and exercised due diligence to avoid\nthe conduct.\n(6) If:\n(a) a natural person is found guilty of an offence; and\n(b) the person would not have been found guilty of the offence if\nsubclauses (4) and (5) had not been enacted,\n\nPetroleum (Submerged Lands) Act 1981 228\nthe person is not liable to be punished by imprisonment for the\noffence.\n(7) A reference in subclause (2) or (4) to the state of mind of a person\nincludes a reference to:\n(a) the person's knowledge, intention, opinion, belief or purpose;\nand\n(b) the person's reasons for the intention, opinion, belief or\npurpose.\n77 Act not to give rise to other liabilities etc.\nThis Schedule does not:\n(a) confer a right of action in any civil proceeding in relation to any\ncontravention of a provision of a listed OHS law; or\n(b) confer a defence to an action in any civil proceeding or\notherwise affect a right of action in any civil proceeding.\n78 Regulations – general\n(1) The regulations may prescribe the following:\n(a) procedures for the selection of persons, under clause 40, as\nmembers of health and safety committees, to represent the\ninterests of members of the workforce at a facility;\n(b) procedures to be followed at meetings of health and safety\ncommittees;\n(c) the manner in which notices are to be served under this\nSchedule or the regulations;\n(d) forms for this Schedule or the regulations.\n(2) If the Minister is satisfied:\n(a) a power, function or duty is conferred or imposed on a person\nunder a law of the Territory or the Commonwealth; and\n(b) the proper exercise of the power or performance of the\nfunction or duty is or would be prevented by this Schedule or a\nprovision of this Schedule,\nregulations made for this subclause may declare this Schedule or\nthe provision does not apply to the person or does not apply to the\nperson in the circumstances specified in the regulations.\n\nPetroleum (Submerged Lands) Act 1981 229\n(3) Regulations made for subclause (2) do not remain in force for\nlonger than 5 years after they commence, but this subclause does\nnot prevent the making of further regulations of the same\nsubstance.\n(4) In subclause (2):\nthis Schedule includes regulations made for this Schedule.\n\nPetroleum (Submerged Lands) Act 1981 230\n1 KEY\nKey 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 (Submerged Lands) Act 1981 (Act No. 50, 1982)\nAssent date 20 August 1983\nCommenced 14 February 1983 (Cth Gaz 1983, No. S29, p 1)\nPetroleum (Submerged Lands) Amendment Act 1985 (Act No. 23, 1985)\nAssent date 24 May 1985\nCommenced 1 July 1985 (s 2)\nPetroleum (Submerged Lands) Amendment Act 1986 (Act No. 6, 1986)\nAssent date 19 May 1986\nCommenced 3 September 1986 (Gaz G35, 3 September 1986, p 6)\nCompanies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986)\nAssent date 30 June 1986\nCommenced 1 July 1986 (s 2)\nStatute Law Revision Act 1986 (Act No. 64, 1986)\nAssent date 19 December 1986\nCommenced 19 December 1986\nPetroleum (Submerged Lands) Amendment Act 1989 (Act No. 19, 1989)\nAssent date 15 June 1989\nCommenced 2 August 1989 (Gaz G30, 2 August 1989, p 5)\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nPetroleum (Submerged Lands) Amendment Act 1991 (Act No. 51, 1991)\nAssent date 26 September 1991\nCommenced 18 December 1991 (Gaz G50, 18 December 1991, p 3)\n\nPetroleum (Submerged Lands) Act 1981 231\nPetroleum (Submerged Lands) Amendment Act 1994 (Act No. 69, 1994)\nAssent date 15 December 1994\nCommenced 15 December 1994\nPetroleum (Submerged Lands) Amendment Act 1995 (Act No. 40, 1995)\nAssent date 29 September 1995\nCommenced 19 December 1995 (Gaz S43, 19 December 1995)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nPetroleum (Submerged Lands) Amendment Act 1998 (Act No. 54, 1998)\nAssent date 28 August 1998\nCommenced 1 October 1998 (Gaz S37, 1 October 1998)\nStatute Law Revision Act (No. 2) 1998 (Act No. 92, 1998)\nAssent date 11 December 1998\nCommenced 11 December 1998\nLands and Mining (Miscellaneous Amendments) Act 1998 (Act No. 93, 1998)\nAssent date 23 December 1998\nCommenced 1 October 1998 (s 2)\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nLaw of Property (Consequential Amendments) Act 2000 (Act No. 46, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Law of Property Act 2000 (Act\nNo. 1, 2000) and Gaz G38, 27 September 2000, p 2)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nPetroleum (Submerged Lands) Amendment Act 2002 (Act No. 75, 2002)\nAssent date 11 December 2002\nCommenced 1 May 2003 (Gaz G17, 30 April 2003, p 3)\nPetroleum (Submerged Lands) Amendment Act 2004 (Act No. 62, 2004)\nAssent date 3 December 2004\nCommenced 1 January 2005 (s 2)\nPetroleum (Submerged lands) Amendment Act 2005 (Act No. 43, 2005)\nAssent date 14 December 2005\nCommenced 7 February 2007 (s 2 and item 1 of sch 1 to Cth Act No. 47,\n2004)\nNational Gas (Northern Territory) Act 2008 (Act No. 16, 2008)\nAssent date 24 June 2008\nCommenced 1 July 2008 (Gaz S32, 1 July 2008)\n\nPetroleum (Submerged Lands) Act 1981 232\nFinancial Management Amendment Act 2009 (Act No. 15, 2009)\nAssent date 18 June 2009\nCommenced 18 June 2009\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz S2, 24 January 2012);\nrem: 25 November 2011 (Gaz S68, 25 November 2011)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nEvidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act\nNo. 23, 2012)\nAssent date 21 November 2012\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nRevenue Legislation Amendment Act 2018 (Act No. 14, 2018)\nAssent date 28 June 2018\nCommenced pts 3, 4 and 6 (except ss 34 and 36(3)): 1 May 2018;\npt 2, divs 1 and 2, pt 5, ss 34 and 36(3) and pt 7: 1 July 2018;\npt 2, div 3 and pt 8: 1 July 2019 (s 2)\nStatute Law Amendment (National Cabinet) Act 2023 (Act No. 9, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\nss 15 and 17 Petroleum (Submerged Lands) Amendment Act 1986 (Act\nNo. 6, 1986)\ns 8 Petroleum (Submerged Lands) Amendment Act 1989 (Act No. 19, 1989)\ns 40 Petroleum (Submerged Lands) Amendment Act 1995 (Act No. 40, 1995)\n\nPetroleum (Submerged Lands) Act 1981 233\ns 52 Petroleum (Submerged Lands) Amendment Act 2002 (Act No. 75, 2002)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 6A, 18A, 73 and 75A.\n5 LIST OF AMENDMENTS\nPreamble amd No. 40, 1995, s 4\nss 2 – 3 rep No. 75, 2002, s 4\ns 4 amd No. 23, 1985, s 4; No. 6, 1986, ss 4 and 34; No. 40, 1995, s 5; No. 54,\n1998, s 4; No. 93, 1998, s 260; No. 75, 2002, s 5; No. 62, 2004, s 4; No. 29,\n2010, s 7; No. 9, 2023, s 16\ns 6A ins No. 62, 2004, s 5\ns 7 amd No. 6, 1986, s 34\nss 8 – 9 rep No. 75, 2002, s 6\npt I\ndiv 2 hdg sub No. 43, 2005, s 4\ns 10 sub No. 75, 2002, s 7\namd No. 43, 2005, s 5\ns 13 amd No. 43, 2005, s 6\ns 14 amd No. 43, 2005, s 7\ns 15 amd No. 43, 2005, s 8\npt 1\ndiv 3 hdg ins No. 54, 1998, s 5\nss 15A – 15C ins No. 54, 1998, s 5\ns 18 amd No. 6, 1986, s 34\ns 18A ins No. 69, 1994, s 2\ns 19 amd No. 40, 1995, s 6; No. 75, 2002, s 8; No. 23, 2013, s 13\ns 20 amd No. 19, 1989, s 4\ns 21 amd No. 51, 1991, s 4\ns 22 amd No. 40, 1995, s 7\ns 23 amd No. 6, 1986, s 34; No. 19, 1989, s 5\ns 24 amd No. 51, 1991, s 5\ns 25 amd No. 40, 1995, s 8\ns 26 amd No. 40, 1995, s 9\ns 27 amd No. 40, 1995, s 10\ns 29 amd No. 23, 1985, s 5\ns 30 amd No. 51, 1991, s 6\ns 32 amd No. 51, 1991, s 7; No. 40, 1995, s 11\ns 34 amd No. 75, 2002, s 9; No. 23, 2013, s 13\ns 35 amd No. 75, 2002, s 10; No. 23, 2013, s 13\ns 36 amd No. 6, 1986, s 34\nsub No. 19, 1989, s 6\ns 37 amd No. 23, 1985, s 6\nsub No. 19, 1989, s 6\ns 38 amd No. 19, 1989, s 11\npt II\ndiv 2A hdg ins No. 6, 1986, s 5\ns 38A ins No. 6, 1986, s 5\namd No. 51, 1991, s 8\ns 38B ins No. 6, 1986, s 5\namd No. 40, 1995, s 12\ns 38BA ins No. 51, 1991, s 9\nss 38C – 38E ins No. 6, 1986, s 5\n\nPetroleum (Submerged Lands) Act 1981 234\ns 38F ins No. 6, 1986, s 5\namd No. 51, 1991, s 10\ns 38G ins No. 6, 1986, s 5\namd No. 51, 1991, s 11; No. 40, 1995, s 13\ns 38H ins No. 6, 1986, s 5\ns 38J ins No. 6, 1986, s 5\namd No. 75, 2002, s 11; No. 23, 2013, s 13\ns 38K ins No. 6, 1986, s 5\namd No. 75, 2002, s 12; No. 23, 2013, s 13\ns 39 amd No. 75, 2002, s 13; No. 23, 2013, s 13\ns 40 amd No. 6, 1986, s 6; No. 19, 1989, s 11; No. 51, 1991, s 12\ns 40A ins No. 6, 1986, s 7\namd No. 51, 1991, s 13\ns 41 amd No. 6, 1986, s 8; No. 51, 1991, s 14\ns 43 amd No. 6, 1986, s 9; No. 40, 1995, s 14\ns 44 amd No. 23, 1985, s 7; No. 6, 1986, s 34; No. 40, 1995, s 15\ns 44A ins No. 51, 1991, s 15\ns 45 amd No. 23, 1985, s 8\ns 46 amd No. 23, 1985, s 9; No. 6, 1986, ss 10 and 34; No. 19, 1989, s 11\ns 47 amd No. 6, 1986, s 34; No. 19, 1989, s 7\ns 48 amd No. 19, 1989, s 11; No. 51, 1991, s 16\ns 49 amd No. 19, 1989, s 11; No. 40, 1995, s 16\ns 50 amd No. 40, 1995, s 17\ns 51 amd No. 23, 1985, s 10; No. 51, 1991, s 17; No. 40, 1995, s 18\ns 53 amd No. 23, 1985, s 11\ns 54 amd No. 23, 1985, s 12; No. 51, 1991, s 18\ns 55 amd No. 51, 1991, s 19; No. 40, 1995, s 19\ns 57 rep No. 51, 1991, s 20\ns 58 amd No. 23, 1985, s 13\ns 59 amd No. 23, 1985, s 14; No. 6, 1986, s 11; No. 75, 2002, s 14\ns 60 amd No. 75, 2002, s 15; No. 23, 2013, s 13\ns 64 amd No. 51, 1991, s 21; No. 75, 2002, s 16\ns 65 amd No. 51, 1991, s 22; No. 40, 1995, s 20; No. 75, 2002, s 17\ns 67 amd No. 23, 1985, s 15; No. 75, 2002, s 18\ns 68 amd No. 23, 1985, s 16; No. 51, 1991, s 23\nrep No. 75, 2002, s 19\ns 69 amd No. 51, 1991, s 24; No. 40, 1995, s 21\nrep No. 75, 2002, s 19\ns 70 amd No. 75, 2002, s 20\ns 71 amd No. 51, 1991, s 25\ns 72 amd No. 75, 2002, s 21; No. 23, 2013, s 13\ns 73 amd No. 92, 1998, s 14; No. 16, 2008, s 17\ns 74 amd No. 75, 2002, s 22; No. 23, 2013, s 13\ns 74AA ins No. 75, 2002, s 23\ns 74A ins No. 6, 1986, s 12\ns 75 amd No. 6, 1986, s 13\ns 75A ins No. 46, 2000, s 8\ns 76 amd No. 23, 1985, s 17; No. 6, 1986, ss 14 and 34\ns 77 amd No. 6, 1986, s 34\ns 78 sub No. 6, 1986, s 15\namd No. 19, 1989, s 11; No. 40, 1995, s 22\ns 79 amd No. 6, 1986, s 16; No. 51, 1991, s 26\ns 80 rep No. 6, 1986, s 17\ns 81 sub No. 6, 1986, s 17\namd No. 19, 1989, ss 8 and 11; No. 25, 2009, s 10\ns 81A ins No. 6, 1986, s 17\ns 82 amd No. 6, 1986, s 18; No. 17, 1996, s 6; No. 75, 2002, s 24; No. 23, 2013,\ns 13\n\nPetroleum (Submerged Lands) Act 1981 235\ns 83 amd No. 6, 1986, s 19\ns 84 amd No. 6, 1986, s 20; No. 40, 1995, s 23; No. 75, 2002, s 25; No. 23, 2013,\ns 13\ns 85 amd No. 6, 1986, s 21; No. 75, 2002, s 26; No. 23, 2013, s 13\ns 86 amd No. 6, 1986, s 22; No. 19, 1989, s 9; No. 51, 1991, s 27\ns 87 amd No. 51, 1991, s 28\ns 87A ins No. 6, 1986, s 23\ns 90 amd No. 75, 2002, s 27; No. 23, 2013, s 13\ns 92 sub No. 6, 1986, s 24\namd No. 18, 1986, s 3; No. 59, 1990, s 4; No. 51, 1991, s 29; No. 17, 2001,\ns 21\ns 93 rep No. 14, 2018, s 26\ns 94 amd No. 6, 1986, s 34; No. 75, 2002, s 28\ns 95 amd No. 23, 1985, s 18; No. 6, 1986, s 34\ns 96 amd No. 23, 1985, s 19; No. 6, 1986, s 34; No. 75, 2002, s 29; No. 23, 2013,\ns 13\ns 97 amd No. 6, 1986, s 34; No. 40, 1995, s 24; No. 75, 2002, s 30; No. 23, 2013,\ns 13\ns 97A ins No. 40, 1995, s 25\ns 98 amd No. 6, 1986, s 34; No. 75, 2002, s 31; No. 23, 2013, s 13\ns 100 amd No. 6, 1986, s 34; No. 75, 2002, s 32; No. 23, 2013, s 13\ns 101 amd No. 23, 1985, s 20; No. 6, 1986, s 25; No. 17, 1996, s 6; No. 75, 2002,\ns 33; No. 62, 2004, s 9; No. 23, 2013, s 13\ns 102 amd No. 6, 1986, s 26\ns 103 amd No. 6, 1986, s 34; No. 75, 2002, s 34\nss 104 – 105 amd No. 6, 1986, s 34\ns 106 amd No. 6, 1986, s 34; No. 17, 1996, s 6\ns 107 amd No. 6, 1986, s 34; No. 75, 2002, s 35; No. 23, 2013, s 13\ns 108 amd No. 6, 1986, s 34; No. 75, 2002, s 36\ns 111 amd No. 23, 1985, s 21; No. 6, 1986, s 27; No. 51, 1991, s 30; No. 75, 2002,\ns 37; No. 23, 2013, s 13\ns 112 amd No. 23, 1985, s 22; No. 6, 1986, ss 28 and 34; No. 19, 1989, s 11;\nNo. 51, 1991, s 31; No. 40, 1995, s 26; No. 75, 2002, s 38; No. 23, 2013, s 13\ns 113 amd No. 6, 1986, s 34\ns 114 amd No. 6, 1986, s 34; No. 51, 1991, s 32\nrep No. 40, 1995, s 27\ns 116 sub No. 40, 2010, s 97\ns 117 amd No. 75, 2002, s 39; No. 23, 2013, s 13\ns 118 amd No. 23, 1985, s 23; No. 6, 1986, ss 29 and 34; No. 64, 1986, s 4; No. 19,\n1989, ss 10 and 11; No. 51, 1991, s 33; No. 40, 1995, s 28\ns 119 rep No. 23, 1985, s 24\ns 120 amd No. 6, 1986, s 34; No. 75, 2002, s 40; No. 23, 2013, s 13\ns 121 amd No. 6, 1986, s 34; No. 75, 2002, s 41; No. 23, 2013, s 13\ns 122 amd No. 6, 1986, s 34; No. 75, 2002, s 42; No. 23, 2013, s 13\ns 124 amd No. 6, 1986, s 34; No. 54, 1998, s 6; No. 75, 2002, s 43; No. 23, 2013,\ns 13\ns 125 amd No. 75, 2002, s 44; No. 23, 2013, s 13\ns 126 amd No. 75, 2002, s 45; No. 23, 2013, s 13\ns 127 amd No. 6, 1986, s 34\nsub No. 40, 1995, s 29\ns 129 amd No. 6, 1986, s 34; No. 27, 1999, s 15; No. 15, 2009, s 16\ns 131 amd No. 17, 1996, s 6; No. 62, 2004, s 9; No. 23, 2013, s 13\ns 132 sub No. 23, 1985, s 25\nrep No. 40, 1995, s 30\ns 133 amd No. 40, 1995, s 31; No. 17, 1996, s 6\ns 135 amd No. 40, 1995, s 32\ns 137AA ins No. 6, 1986, s 30\ns 137AB ins No. 40, 1995, s 33\n\nPetroleum (Submerged Lands) Act 1981 236\ns 137AC ins No. 30, 2010, s 42\npt II\ndiv 6A hdg ins No. 23, 1985, s 26\ns 137A ins No. 23, 1985, s 26\ns 137B ins No. 23, 1985, s 26\namd No. 75, 2002, s 46; No. 23, 2013, s 13\ns 137C ins No. 23, 1985, s 26\namd No. 75, 2002, s 47; No. 23, 2013, s 13\ns 137D ins No. 23, 1985, s 26\namd No. 8, 2016, s 45\ns 137E ins No. 23, 1985, s 26\ns 138 amd No. 51, 1991, s 34\nsub No. 40, 1995, s 34\namd No. 75, 2002, s 48\ns 138A ins No. 6, 1986, s 31\namd No. 51, 1991, s 35\ns 139 amd No. 51, 1991, s 36\ns 140 amd No. 51, 1991, s 37\ns 141 amd No. 6, 1986, s 32; No. 40, 1995, s 36; No. 75, 2002, s 49\ns 142 amd No. 6, 1986, s 34\nss 144 – 147 amd No. 6, 1986, s 34\ns 149 amd No. 6, 1986, s 34; No. 40, 1995, s 37\nss 149A –\n149B ins No. 40, 1995, s 38\ns 150 amd No. 6, 1986, s 34\npt IIA hdg ins No. 75, 2002, s 50\nss 150A –\n150I ins No. 75, 2002, s 50\ns 150J ins No. 75, 2002, s 50\nrep No. 62, 2004, s 6\npt III hdg sub No. 62, 2004, s 7\ndiv 1 hdg ins No. 62, 2004, s 7\ns 151 amd No. 6, 1986, ss 33 and 34; No. 64, 1986 s 4\nsub No. 62, 2004, s 7\nss 152 – 154 ins No. 62, 2004, s 7\ndiv 2 hdg ins No. 62, 2004, s 7\nss 155 – 157 ins No. 62, 2004, s 7\ndiv 3 hdg ins No. 62, 2004, s 7\ns 158 ins No. 62, 2004, s 7\namd No. 9, 2023, s 16\nss 159 – 160 ins No. 62, 2004, s 7\ndiv 4 hdg ins No. 62, 2004, s 7\nss 161 – 164 ins No. 62, 2004, s 7\ndiv 5 hdg ins No. 62, 2004, s 7\nss 165 – 168 ins No. 62, 2004, s 7\npt IV hdg ins No. 62, 2004, s 7\ns 169 ins No. 62, 2004, s 7\namd No. 29, 2010, s7; No. 23, 2013, s 13\ns 170 ins No. 62, 2004, s 7\nschs 1 – 2 rep No. 75, 2002, s 51\n\nPetroleum (Submerged Lands) Act 1981 237\nsch 4 rep No. 40, 1995, s 39\nins No. 62, 2004, s 8\namd No. 23, 2012, s 32; No. 23, 2013, s 13; No. 8, 2016, s 45","sortOrder":206}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act has materially expanded beyond a narrow original framework for allocating and regulating offshore exploration and production. Key scope additions include:\n- A comprehensive occupational health and safety regime (Part III and Schedule 4) imposing detailed duties, inspector powers and an enforcement/appeal architecture that goes beyond mere title administration (see ss151–168 and Schedule 4).  This represents a substantive policy addition compared with a basic licensing statute.\n- Datums/coordinate management (Part IIA, ss150A–150I) enabling relabelling of titles and instruments to a modern geodetic datum — an administrative/technical function unrelated to license allocation.\n- Native title procedural and compensation rules (ss15A–15C) incorporating the Native Title Act’s processes into title acts.\n- Expanded registration and commercial dealing governance (ss75–92, 81, 81A) and a formal fee/registration charging regime; and\n- Safety‑zone and vessel boarding/search powers with significant criminal penalties (ss137A–137E).\n\nThese additions (largely introduced over multiple amendment acts listed in the Endnotes) mean the statute now combines resource allocation, safety, environmental, property‑registration and workplace‑relations functions in one consolidated regime, substantially enlarging government regulatory and administrative responsibilities compared with the Act’s original, narrower purpose."},"complexity_factors":["Lengthy, multi‑part statute (Parts I–IV plus Part IIA and extensive Schedules) with detailed procedural rules across domains (exploration, production, pipelines, registration, OHS).","Large interpretation section and many defined terms (s4 and Schedule 4) — over 100 defined terms and specialised vocabulary governing title types, apparatus and processes (permits, leases, primary/secondary licences, pipeline licences, access authorities, special prospecting authorities, safety zones, datums).","Extensive cross‑references to Commonwealth law and other Acts (Commonwealth Petroleum (Submerged Lands) Act, Native Title Act, Seas and Submerged Lands Act), creating inter‑jurisdictional conditionality (e.g. ss4, 10–13, 15A–15C, 59(11)).","Multiple title pathways and nested decision trees (exploration permit → possible retention lease → production licence; primary vs secondary licences; unit development and access authorities) with many timing, area and numerical constraints (Div 2, 2A, 3).","Complex registration and approval regime for transfers and ‘dealings’ with thresholds, special rules for future interests and detailed fee calculations (ss75–92, 81, 81A, 92).","Detailed economic regime: royalties, provisional valuations, adjustments, and mechanisms for reduction, repayment and sharing with Commonwealth (ss138–150, 149A–149B, 129).","Extensive inspector and enforcement powers (search, seizure, prohibition and improvement notices, safety‑zone powers) with criminal penalties and civil debts (Schedule 4; ss57–61; ss137A–137E).","Significant ministerial discretion and delegation (ss16, 101), plus multiple appeal or judicial review routes (ss88, 65, Schedule 4 appeal provisions), increasing conditionality and legal uncertainty.","Specialised technical sub‑regimes added over time (datums Part IIA ss150A–150I; occupational health and safety Part III and Schedule 4) that expand remit beyond resource allocation to technical standards and workplace regulation. "],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Creates a comprehensive licensing and regulation system for exploring for and recovering petroleum from submerged lands adjacent to the Northern Territory (NT).  The statute prescribes how blocks of seabed are defined (graticulation, s17), how exploration permits, retention leases and production licences are applied for, granted, varied, renewed, surrendered or cancelled (Parts II, Divs 2–3), and how pipelines and associated infrastructure are licensed (Part II, Div 4, ss60–76).\n\n- Sets out registration, transfer and approval requirements for title dealings: transfers of permits/leases/licences/pipeline licences must be approved and entered in a register (Division 5, ss75–92, 78, 81, 81A).  The Minister keeps the register and may require disclosure and supporting technical/financial information for transfers and dealings (ss78, 81, 84–86).  Registration fees and stamp-like charges are payable on transfers and approved dealings (ss91–92).\n\n- Establishes the fee and royalty regime: title-holders pay annual fees and royalties (default 10% of well-head value) with detailed rules for valuation, provisional valuation and adjustments, reductions for uneconomic wells, late-payment penalties and accounting (ss138–150, 149A–149B, 142–149).  The Territory forwards a proportion of monthly royalty receipts to the Commonwealth (s129).\n\n- Gives the Minister extensive operational powers and discretion to set conditions, issue directions, require information and documents, create safety zones, require unit development agreements and, where necessary, step in to carry out actions and recover costs (e.g. ss33, 35, 59, 101–103, 137A–137E, 107–108, 102).\n\n- Integrates Commonwealth and NT administration in several ways: it mirrors or applies the Commonwealth Petroleum (Submerged Lands) Act where required, authorises the NT Minister to act as a Joint Authority member and Designated Authority in respect of the Principal Northern Territory PSL area, and cross-references Commonwealth laws and authorities repeatedly (see s4 definitions, Parts I & II, and Division 2, ss10–16).\n\n- Provides for occupational health and safety at offshore facilities through a dedicated Part and Schedule (Part III and Schedule 4).  That scheme creates duties on operators, employers, contractors and persons at facilities; sets up health & safety representatives, committees and inspection powers for OHS inspectors; empowers the Safety Authority and gives it investigatory and enforcement functions (ss151–168; Schedule 4).\n\n- Contains measures addressing native title and compensation where this Act authorises future acts that affect native title rights (Div 3, ss15A–15C; cross‑reference to the Native Title Act provisions).\n\n**Who it affects**\n\n- Private sector: companies and individuals proposing to explore for, construct infrastructure for, recover, process or convey petroleum in the NT adjacent area.  These people will be permittees, lessees, licensees, pipeline licensees, holders of access authorities or special prospecting authorities — each subject to application rules, conditions, fees, royalties, inspection, safety and environmental directions (Parts II and Schedule 4).  They also pay registration fees when they transfer or create financial interests in titles (ss78, 92).\n\n- Government actors: the NT Minister (broad discretion to grant/refuse/condition titles, issue directions, declare safety zones and keep the register), the Safety Authority and its Board/CEO (occupational safety regulation, inspectors), and courts (Supreme Court and reviewing authority for appeals) all play decision and review roles (e.g., ss11–13, 155–166, 88, 65, 166).\n\n- Third parties: neighbouring title-holders (unit developments, access authorities, s59, s112), owners of vessels and equipment (s108–113 dealing with removal/disposal), native title holders (procedural and compensation rights, ss15A–15C), and the Commonwealth (royalty sharing, joint authority functions, ss129, 11–13).\n\n**Why it matters — official purpose and practical implications**\n\nOfficial rationale (as stated): the Act implements an NT administration regime for submerged‑lands petroleum consistent with Commonwealth sovereignty and cooperative arrangements with the Commonwealth and other States (preamble; see ss5 and 6 for construction and application).  It therefore structures how commercial access to offshore petroleum resources is allocated, managed and monetised.\n\nTesting that claim against incentives, costs and trade‑offs:\n\n- Who pays: title-holders bear the direct costs — application fees, annual licence fees (s138), royalties (ss142–149), registration fees on transfers (s92), and insurance or security conditions (s97A).  They also bear compliance costs for OHS rules, environmental directions and any decommissioning/cleanup obligations (ss97, 98, 107–108, 97A).\n\n- Who decides: the Minister has wide discretion to invite applications, set conditions, request further information, require work or re‑evaluation, grant or refuse renewals, make safety‑zone declarations (e.g. ss20–27, 32, 33, 35, 38B, 44, 137B).  Many decisions can be delegated to public servants (s16) and administrative review paths exist (appeal to Supreme Court or reviewing authorities for certain decisions; ss88, 65).  Significant ministerial discretion creates administrative flexibility but raises implementation risk and potential uncertainty for investors about policy continuity (see ss16, 101 and 47 about delegation and discretion).\n\n- Concentrated benefits vs. diffuse costs: granting exclusive production licences concentrates the economic upside in licensees; costs of regulation (royalties, compliance, decommissioning) are borne by licensees and ultimately may be reflected in project economics and contract pricing.  The Act also establishes registration/approval rules that may increase transaction costs when trading interests (ss78, 81, 92).\n\n- Implementation risks: valuation uncertainty (well‑head value can be agreed or otherwise determined by Minister; ss145–146 and provisional valuation s149A) creates timing and cash‑flow risks for royalty payments.  The Act contains mechanisms for provisional payments and adjustments (ss149A, 149B) but those are administratively intrusive.  Heavy cross‑jurisdictional integration with Commonwealth law and other States (e.g. ss10–13, s59(11)) can generate coordination and timing friction.\n\n- Compliance burden and sovereign admin costs: the Minister/Safety Authority must administer technical assessments, safety inspections and disputes, and keep a register (ss75–87, 155–166), which creates ongoing public admin costs.  The statute also empowers inspectors and the Safety Authority to issue notices, inspections and enforcement, shifting active oversight onto regulators (Schedule 4; ss47–66).\n\n- Effects on private choices and market structure: the Act permits unitisation and co‑operative arrangements but also allows compulsory directions for unit development and common‑carrier designations (ss59, 73).  This can facilitate coordinated reservoir management but also imposes limits on unilateral corporate strategy.\n\n**Concrete behavioural changes the law induces**\n\n- Firms must follow a three‑step commercial pathway: obtain an exploration permit, identify and declare a location on discovery, and convert that into a lease or production licence if commercial conditions are met (ss19–38A, 40–44).  Non‑use, failure to apply within timeframes or to satisfy renewal conditions leads to determination/cancellation (ss46, 105).\n\n- Firms must budget for royalties, fees, registration charges and possible amounts required on grant (ss138–149, 48, 92, 109).  Delayed or provisional valuations can trigger provisional payments and later adjustments (ss149A, 149B).\n\n- Title‑holders must maintain insurance, keep records and provide data to the Minister; certain exploration and production information may be published after statutory periods (s97A, ss118–119).\n\n- At facilities, operators and employers must meet a detailed OHS regime (Schedule 4): appoint an operator’s representative on site (cl 5), create designated work groups and health and safety representatives, allow inspections, comply with prohibition/improvement notices and face criminal penalties for serious breaches (Schedule 4, cll. 8, 33–34, 57–61).\n\n**Key legal hooks (examples)**\n\n- Safety zones and enforcement: Minister may declare safety zones up to 500 m and authorised persons have powers to board, search and detain vessels; large criminal penalties attach (ss137A–137E).\n\n- Native title interface: where acts are future acts under Native Title Act, procedural rights and compensation are given to native title holders and registered claimants (ss15A–15C).\n\n- Registration control: transfers and many commercial dealings (e.g. overriding royalty interests, production payments) require Ministerial approval and registration; unapproved dealing is of no legal effect for those matters (ss78, 81).\n\n**Summary observation**\n\nMechanically, the Act is a full regulatory code for offshore petroleum activity adjacent to the NT: it allocates rights, sets economic terms, imposes safety and environmental obligations and creates administrative procedures and sanctions.  The practical trade‑off is regulatory certainty and safety oversight against administrative discretion, compliance costs and transaction frictions for industry.  Who pays and acts is clear: private title‑holders and contractors pay fees/royalties and bear operational obligations; the Minister, Safety Authority and inspectors decide and enforce.\n\n(Referenced sections above are examples drawn from the Act: definitions and scope at s4; permits/leases/licences ss19–59; pipeline licences ss60–76; registration ss75–92; fees and royalties ss138–150; datums Part IIA ss150A–150I; safety zones ss137A–137E; native title ss15A–15C; OHS Part III and Schedule 4.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":1155},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1981 petroleum exploration and production focus. Major additions include: (1) the 2004 occupational health and safety regime (Part III and Schedule 4) creating a comprehensive worker safety framework with Safety Authority, Board, CEO, designated work groups, and health and safety representatives; (2) native title protections (Division 3 of Part I) added following the 1993 Native Title Act; (3) geodetic datum provisions (Part IIA) for coordinate system management; (4) safety zones with enforcement powers (Division 6A); and (5) extensive pipeline regulation including common carrier provisions and termination for non-use. The OHS provisions in particular represent a substantial expansion into workplace relations and safety regulation that was not part of the original Act's resource management purpose."},"complexity_factors":["Extensive cross-referencing with Commonwealth legislation (Petroleum (Submerged Lands) Act 1967, Native Title Act 1993, Seas and Submerged Lands Act 1973)","Multiple overlapping regulatory regimes: NT law applies landward of 3 nautical miles, Commonwealth law applies seaward, with Joint Authority administration","47+ defined terms in section 4 alone, including technical concepts like 'graticular sections', 'petroleum pools', 'datum', and 'good oilfield practice'","Nested conditional logic throughout: e.g., permit renewal depends on compliance with conditions, which depend on directions, which depend on Ministerial discretion","Five different types of titles (permit, lease, licence, pipeline licence, access authority) each with distinct application procedures, terms, renewal conditions, and surrender/cancellation rules","Complex registration and transfer system (Division 5) with 1.5% ad valorem fees, approval requirements, and detailed evidentiary provisions","Occupational health and safety regime (Schedule 4) with 8 categories of duty-holders, designated work groups, health and safety representatives, committees, and inspector powers","Native title integration requiring compliance with Commonwealth Native Title Act procedural requirements and compensation frameworks","Geodetic datum provisions (Part IIA) allowing coordinate system changes without altering physical boundaries","Safety zone enforcement powers including warrant provisions and serious circumstances exceptions"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's law for managing **petroleum (oil and gas) exploration and production in offshore waters** — specifically the submerged lands beneath the sea adjacent to the NT coast, extending up to 3 nautical miles from shore (the \"adjacent area\").\n\n**Who it affects:**\n- **Oil and gas companies** wanting to explore for or extract petroleum offshore\n- **Pipeline operators** building infrastructure to transport petroleum\n- **Workers** on offshore facilities (through occupational health and safety rules)\n- **Native title holders** whose traditional rights may be affected by offshore activities\n\n**Key things the law covers:**\n\n**1. Getting permission to operate**\n- Companies need **exploration permits** to search for petroleum (initially 6 years, renewable for 5-year periods)\n- If they find petroleum that's not yet commercially viable, they can get a **retention lease** (5 years) to hold the area\n- Once production is viable, they need a **production licence** (up to 21 years, renewable)\n- **Pipeline licences** are needed to build and operate pipelines\n\n**2. The process**\n- The Minister advertises blocks of sea-bed and invites applications\n- Companies must show technical qualifications, financial resources, and work plans\n- There's competitive bidding for some permits (highest bidder wins)\n- All permits come with conditions about work programs, expenditure, and safety\n\n**3. Occupational health and safety (Part III and Schedule 4)**\n- Establishes the **National Offshore Petroleum Safety Authority** to regulate worker safety\n- Imposes duties on **operators, employers, manufacturers, and suppliers** to keep facilities safe\n- Creates **designated work groups** and **health and safety representatives** for workers\n- Allows **provisional improvement notices** — workers can issue notices to fix safety problems\n- OHS inspectors can conduct inspections, issue improvement and prohibition notices\n\n**4. Native title protections (Division 3 of Part I)**\n- Ensures native title holders get **procedural rights** and **compensation** when their rights are affected\n- Compensation is paid by the petroleum interest holder (permit/license holder)\n\n**5. Other important features**\n- **Royalties**: Companies pay 10-12.5% of petroleum value at the well-head\n- **Unit development**: Forces cooperation when a petroleum pool extends across multiple licence areas\n- **Safety zones**: 500-metre exclusion zones around wells and structures\n- **Information control**: Strict rules about when exploration data becomes public\n- **Registration system**: All permits, leases, licences and transfers must be registered\n\n**Why it matters:**\nThis law balances **resource development** with **environmental protection**, **worker safety**, and **Indigenous rights**. It creates a comprehensive licensing system that ensures companies are qualified and financially capable, while protecting workers through Australia's most detailed offshore OHS regime and ensuring Traditional Owners aren't excluded from decisions affecting their sea country."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-submerged-lands-act-1981","history":"/api/acts/petroleum-submerged-lands-act-1981/history","analysis":"/api/acts/petroleum-submerged-lands-act-1981/analysis","conflicts":"/api/acts/petroleum-submerged-lands-act-1981/conflicts","importantCases":"/api/acts/petroleum-submerged-lands-act-1981/important-cases","documents":"/api/acts/petroleum-submerged-lands-act-1981/documents"}}