{"id":"petroleum-submerged-lands-registration-fees-act-1982","name":"Petroleum (Submerged Lands) Registration Fees Act 1982","slug":"petroleum-submerged-lands-registration-fees-act-1982","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106123,"registerId":"wa-petroleum-submerged-lands-registration-fees-act-1982-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Petroleum (Submerged Lands) Registration Fees Act 1982","content":"![Crest]()Western Australia\n\nPetroleum (Submerged Lands) Registration Fees Act 1982\n\nWestern Australia\n\nPetroleum (Submerged Lands) Registration Fees Act 1982\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Act to be read with another Act 1\n\n4. Registration fees, imposition of etc. 1\n\n4A. Regulations 5\n\nNotes\n\nCompilation table 6\n\nUncommenced provisions table 6\n\nOther notes 7\n\nDefined terms\n\n  \n\nWestern Australia\n\nPetroleum (Submerged Lands) Registration Fees Act 1982\n\nAn Act to provide for the payment of fees in respect of the registration of certain instruments under the *Petroleum (Submerged Lands) Act 1982.*\n\n##### 1. Short title\n\nThis Act may be cited as the *Petroleum (Submerged Lands) Registration Fees Act 1982*.\n\n##### 2. Commencement\n\n(1) This Act shall come into operation on the day on which the *Petroleum (Submerged Lands) Act 1982* comes into operation.\n\n(2) The Minister shall as soon as is practicable after the commencement of this Act cause notice of the commencement to be published in the *Gazette*.\n\n##### 3. Act to be read with another Act\n\nThis Act is incorporated, and shall be read as one, with the *Petroleum (Submerged Lands) Act 1982* (in this Act called the principal Act).\n\n##### 4. Registration fees, imposition of etc.\n\n(1) In this section, title means a permit, lease, licence, infrastructure licence, pipeline licence or access authority.\n\n(2) Subject to this section, there is payable to the Minister in respect of an entry in the register of a memorandum of the transfer of a title under section 78 of the *Petroleum (Submerged Lands) Act 1982* a fee at the rate of 1.5% of —\n\n(a) the value of the consideration for the transfer; or\n\n(b) the value of the title transferred,\n\nwhichever is the greater or, if the amount of that fee is less than the prescribed amount, a fee of the prescribed amount.\n\n(3) Where —\n\n(a) a fee imposed by this Act, as in force at any time, in respect of an entry of approval of an instrument or dealing, being a dealing or instrument pursuant to which the transfer of a title is agreed to, has been paid; and\n\n(b) but for this subsection, the amount of the fee imposed by subsection (2) in respect of the entry of a memorandum of the transfer of the title, being a transfer executed for the purpose of giving effect to the dealing or instrument referred to in paragraph (a), would be greater than the prescribed amount,\n\nthe amount of the fee imposed by subsection (2) in respect of the entry of the memorandum of the transfer is the prescribed amount.\n\n(4) Where —\n\n(a) the parties to a transfer of a title lodged for approval under section 78 of the *Petroleum (Submerged Lands) Act 1982* satisfy the Minister that —\n\n(i) they are related bodies corporate within the meaning of the *Corporations Act 2001* of the Commonwealth; and\n\n(ii) the transfer was executed solely for the purpose of a reorganization of the corporations concerned or any of them or solely for the purpose of securing the better administration of the corporations concerned or any of them; and\n\n(iii) the transfer was not executed substantially for the purpose of avoiding or reducing the registration fees that would, but for this subsection, be payable under subsection (2) in respect of the entry of a memorandum of the transfer;\n\nand\n\n(b) but for this subsection, the amount of the fee imposed by subsection (2) in respect of the entry of the memorandum of the transfer of the title would be more than the prescribed amount,\n\nthe amount of the fee imposed by subsection (2) in respect of the entry of the memorandum of the transfer is the prescribed amount.\n\n(5) Subject to this section, there is payable to the Minister in respect of an entry in the register of the approval of a dealing under section 81 of the *Petroleum (Submerged Lands) Act 1982* a fee at the rate of 1.5% of —\n\n(a) the value of the consideration for the dealing or, if the Minister approves the dealing in relation to another title or titles, an amount equal to the value of the consideration for the dealing divided by the number of titles in relation to which the dealing is approved; or\n\n(b) in a case where —\n\n(i) the value of the interest in a title is greater than the amount applicable under paragraph (a); and\n\n(ii) the dealing has an effect of the kind referred to in section 81(1)(a), (b) or (d) of the *Petroleum (Submerged Lands) Act 1982*; and\n\n(iii) the Minister is satisfied that the dealing was not made pursuant to another dealing or an instrument, being a dealing or instrument that relates to that title and in respect of an entry of approval of which a fee has been paid under this Act, as in force at any time,\n\nthe value of the interest.\n\n(6) Where —\n\n(a) but for this subsection, the amount of the fee imposed by subsection (5) in relation to an entry of approval of a dealing would be less than the prescribed amount; or\n\n(b) an approval under section 81 of the *Petroleum (Submerged Lands) Act 1982* is given in respect of a dealing that is a dealing to which that section of that Act applies by reason only that the dealing creates, varies or terminates a charge over some or all of the assets of a body corporate,\n\nthe amount of the fee imposed by subsection (5) in respect of the entry of that approval is the prescribed amount.\n\n(7) Where —\n\n(a) the parties to a dealing lodged for approval under section 81 of the *Petroleum (Submerged Lands) Act 1982* satisfy the Minister that —\n\n(i) they are related bodies corporate within the meaning of the *Corporations Act 2001* of the Commonwealth; and\n\n(ii) the dealing was entered into solely for the purpose of a reorganization of the corporations concerned or any of them or solely for the purpose of securing the better administration of the corporations concerned or any of them; and\n\n(iii) the dealing was not entered into substantially for the purpose of avoiding or reducing the registration fees that would, but for this subsection, be payable under subsection (5) in respect of the entry of approval of the dealing;\n\nand\n\n(b) but for this subsection, the amount of the fee imposed by subsection (5) in relation to the entry of approval of the dealing would be more than the prescribed amount,\n\nthe amount of the fee imposed by subsection (5) in respect of the entry of approval of that dealing is the prescribed amount.\n\n(8) For the purposes of calculating the amount of the fee imposed by subsection (5) in respect of an entry of approval of a dealing, the value, as determined by the Minister, of any exploration works to be carried out pursuant to the dealing, being works that were, at the time when the application for approval of the dealing was lodged, required or permitted to be carried out by or under the relevant title, shall be deducted from the value of the consideration for the dealing or from the value of the interest in the relevant licence, as the case requires.\n\n[Section 4 inserted: No. 13 of 1990 s. 4; amended: No. 20 of 2003 s. 39; No. 42 of 2010 s. 185.]\n\n##### 4A. Regulations\n\nThe Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.\n\n[Section 4A inserted: No. 13 of 1990 s. 5.]\n\n[**5.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Petroleum (Submerged Lands) Registration Fees Act 1982* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Petroleum (Submerged Lands) Registration Fees    Act 1982* | 34 of 1982 | 27 May 1982 | 14 Feb 1983 (see s. 2(1) and *Gazette* 25 Feb 1983 p. 740) |\n| *Petroleum (Submerged Lands) Registration Fees Amendment Act 1990* 1 | 13 of 1990 | 31 Jul 1990 | s. 1 and 2: 31 Jul 1990;   Act other than s. 1 and 2: 1 Oct 1990 (see s. 2 and *Gazette* 28 Sep 1990 p. 5099) |\n| **Reprint of the *Petroleum (Submerged Lands) Registration Fees Act 1982* as at 18 Mar 1992** (includes amendments listed above) | | | |\n| *Corporations (Consequential Amendments) Act (No. 2) 2003* Pt. 19 | 20 of 2003 | 23 Apr 2003 | 15 Jul 2001 (see s. 2(1) and Cwlth *Gazette* 13 Jul 2001 No. S285) |\n| **Reprint 2: The *Petroleum (Submerged Lands) Registration Fees Act 1982* as at 13 Feb 2004** (includes amendments listed above) | | | |\n| *Petroleum and Energy Legislation Amendment Act 2010* s. 185 | 42 of 2010 | 28 Oct 2010 | 25 May 2011 (see s. 2(b) and *Gazette* 24 May 2011 p. 1892) |\n| **Reprint 3: The *Petroleum (Submerged Lands) Registration Fees Act 1982* as at 7 Oct 2011** (includes amendments listed above) | | | |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website.\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Petroleum Legislation Amendment Act 2024* Pt. 5 Div. 11 | 17 of 2024 | 14 May 2024 | To be proclaimed (see s. 2(b)) |\n\n\nOther notes\n\n1 The *Petroleum (Submerged Lands) Registration Fees Amendment Act 1990* s. 6 reads as follows:\n\n6. Application of principal Act\n\nThe principal Act continues to apply in relation to transfers to which section 78 of the *Petroleum (Submerged Lands) Act 1982* continues to apply by virtue of the operation of section 201(3) of the *Acts Amendment (Petroleum) Act 1990*.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nprincipal Act 3\n\ntitle 4(1)\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains narrowly focused on establishing and calculating registration fees for entries under the Petroleum (Submerged Lands) Act 1982. Subsequent amendments have refined fee mechanics (introducing the 1.5% rate, prescribed minimums, special rules for related‑party reorganisations, prior‑fee capping and a deduction for exploration works) and added administrative detail (Ministerial valuation, regulatory power). Those are refinements of the original purpose—they alter how fees are calculated and administered but do not broaden the Act beyond its core objective of providing for payment of registration fees for specified petroleum instruments."},"complexity_factors":["Short Act: small number of sections (five main sections including regs)","Only 2 defined terms explicitly in this Act (principal Act, title) (s 3, s 4(1))","Multiple cross-references to the principal Petroleum (Submerged Lands) Act 1982 (notably ss 78 and 81)","Cross-reference to the Commonwealth Corporations Act 2001 for the meaning of related bodies corporate (s 4(4), 4(7))","Several conditional rules and exceptions (subsections 3, 4, 5, 6, 7, 8) creating nested logic","Use of a non‑numerical ‘prescribed amount’ threshold that introduces external regulation and reference to regulations/standards","Ministerial discretion to determine value of exploration works and to be ‘satisfied’ about reorganisations (s 4(4), 4(7), 4(8))","Power for the Governor to make regulations (s 4A) so details and thresholds may be set outside the Act"],"plain_english_summary":"**What this law does (mechanically)**\n\n- The Act sets out fees that must be paid to the State of Western Australia when certain petroleum-related instruments are registered under the Petroleum (Submerged Lands) Act 1982 (the “principal Act”).  It is to be read together with that principal Act (s 3).\n\n- Two main chargeable events are covered:\n  - An entry in the register of a memorandum of transfer of a “title” (a permit, lease, licence, infrastructure licence, pipeline licence or access authority) (s 4(1)–(2)).\n  - An entry in the register of the approval of a dealing (an arrangement or transaction that affects rights in a title) (s 4(5)).\n\n- The baseline fee rate is 1.5% of either the consideration paid for the transfer/dealing or the value of the title/interest (whichever is greater). If that calculated fee is below a statutory “prescribed amount” the fee is the prescribed amount instead (s 4(2), 4(5), 4(6)).\n\n- There are specific adjustments and caps:\n  - If an approval-fee for an earlier instrument/dealing has already been paid, the later fee for entering the actual transfer may be capped at the prescribed amount rather than recalculated at 1.5% (s 4(3)).\n  - Transfers or dealings between related bodies corporate (as defined in the Corporations Act 2001) that are done solely for corporate reorganisation or better administration — and not substantially to avoid fees — can have the transfer/approval fee set at the prescribed amount where the normal 1.5% calculation would be higher (s 4(4), 4(7)).  Those parties must satisfy the Minister of those facts.\n  - Where a dealing is approved in relation to multiple titles, the consideration may be divided by the number of titles for fee calculation (s 4(5)(a)).\n  - For some dealings that create/alter/terminate charges over a company’s assets, the fee is set at the prescribed amount (s 4(6)(b)).\n  - The Minister may deduct from the consideration the cost (as determined by the Minister) of exploration works that were required or permitted under the title when the approval application was lodged (s 4(8)).\n\n- The Governor may make regulations to prescribe details needed to operate the Act (s 4A). The Minister has a role in valuing certain items (s 4(8)) and must be satisfied about related‑party reorganisations (s 4(4), 4(7)).\n\n**Who is affected**\n\n- Parties who transfer petroleum titles or lodge dealings for approval under the principal Act — typically companies holding or transacting permits, leases or licences affecting submerged petroleum resources — are obliged to pay the fees (s 4(2), 4(5)).\n- The Minister and the executive (via regulations) administer the fee rules and exercise valuation and satisfaction discretions (s 4(4), 4(7), 4(8), 4A).\n\n**Why it matters (practical effects and how it changes behaviour)**\n\n- It converts part of the cost of acquiring or reorganising petroleum interests into a transaction-based fee payable to government, calculated as a percentage of value (1.5%) subject to a minimum floor (s 4(2), 4(5)).\n- The fee creates an explicit cost to transfers and dealings in petroleum titles. That cost will be borne by the parties to transactions (those who lodge entries/seek approvals) and may affect how transactions are structured and priced.\n- The Act contains relief mechanisms for intra-group reorganisations (related bodies corporate) and for dealings already subject to an approval fee, which reduce the fee in those circumstances to the prescribed amount (s 4(3), 4(4), 4(7)). These provisions introduce an incentive to structure transfers as internal reorganisations where eligible, subject to the requirement that the transaction not be “substantially” for the purpose of avoiding fees.\n- The Minister’s power to determine the value of exploration works to be deducted (s 4(8)) and to be satisfied about the purpose of reorganisations (s 4(4), 4(7)) gives the executive judgement-based roles that affect final fee amounts.\n\n**Costs, incentives and trade-offs**\n\n- Direct cost: buyers/transferees pay a value-based charge (1.5% or prescribed minimum) on transfers/approvals (s 4(2), 4(5)). That raises the up-front price of acquiring petroleum interests and may be passed through to investors or consumers depending on market bargaining power.\n- Compliance burden: parties must provide the Minister with evidence (for example, to show related‑body status and bona fide reorganisation purpose) if they seek the prescribed‑amount cap (s 4(4), 4(7)). They must also disclose transaction consideration and may need to argue valuation of exploration works for deduction (s 4(8)).\n- Discretion and uncertainty: the Minister determines some values and must be satisfied about purposes, creating administrative discretion and potential variability in outcomes (s 4(4), 4(7), 4(8)). That can increase negotiation and legal advice costs.\n- Anti‑avoidance guardrails: the Act requires that reduced fees for related‑party reorganisations not be claimed where the rearrangement was executed substantially for the purpose of avoiding fees (s 4(4)(iii), 4(7)(iii)). This narrows the scope for fee avoidance but requires fact-based ministerial assessments.\n\n**Effects on markets and private enterprise (light, evidence‑based prior)**\n\n- The fee raises transaction costs for transfers of petroleum titles; that can affect the size and timing of trades, and marginal deals where the fee is material may be deferred or restructured.\n- Related corporate groups can obtain a capped fee for bona fide internal reorganisations, so groups enjoy concentrated benefit relative to unrelated buyers (s 4(4), 4(7)).\n- The need for Ministerial valuation and approval introduces administrative steps that independent businesses must navigate to finalise title transfers or dealings (s 4(8), 4(5)).\n\n**Implementation and enforcement mechanics**\n\n- Fees are payable to the Minister on entry in the register (s 4(2), 4(5)).\n- The Governor may make regulations to prescribe technical details and thresholds (s 4A).\n\n**Sections to note for practice**\n\n- Fee base and minimum: s 4(2), 4(5)–(6).\n- Related‑party reorganisation cap and evidentiary requirement: s 4(4), 4(7).\n- Deduction for exploration works and Minister’s valuation role: s 4(8).\n- Regulatory power: s 4A.\n\n(Throughout this summary I have stated the Act’s stated mechanics and practical implications. The Act’s explanatory material may describe purposes such as ensuring equity between transactions and generating revenue; those are claims about intent and effect. Mechanically, the statute converts value transfers in petroleum titles into a percentage-based registration fee, with prescribed minimums, caps in intra‑group and prior-fee situations, and administrative discretions that affect final amounts.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of imposing registration fees on petroleum title transfers and dealings. While amendments have updated references (such as changing from Companies Code to Corporations Act 2001) and refined calculation methods, the core scope—charging fees for registration of instruments under the Petroleum (Submerged Lands) Act—has not expanded beyond its original intent."},"complexity_factors":["Multiple nested conditions in fee calculation subsections (4), (5), (6), and (7)","Cross-references to federal Corporations Act 2001 for 'related bodies corporate' definition","Dual calculation methods for fees (percentage vs prescribed minimum) with 'whichever is greater' logic","Specific anti-avoidance provisions requiring Ministerial satisfaction about corporate reorganisation purposes","Interaction with parent Petroleum (Submerged Lands) Act 1982 (incorporated by reference)","Value determination requires Ministerial discretion for exploration works deductions"],"plain_english_summary":"This Western Australian law sets out the fees that must be paid when certain documents are registered under the Petroleum (Submerged Lands) Act 1982. It applies to offshore petroleum and gas operations in state waters.\n\n**What it does:**\n- **Charges fees for transfers**: When a company transfers ownership of a petroleum permit, lease, licence, or similar right (called a 'title'), they must pay a fee of 1.5% of the value of the deal (or a minimum set amount, whichever is higher).\n- **Charges fees for other dealings**: When companies enter into other arrangements affecting these titles—such as creating charges, mortgages, or changing interests—they also pay a fee of 1.5% based on the value involved.\n- **Provides discounts for related companies**: If companies are related (like parent and subsidiary companies) and they're just reorganising their corporate structure—not trying to dodge fees—they can pay just the minimum prescribed amount instead of the full percentage.\n- **Prevents double-dipping**: If you already paid a fee on an agreement to transfer, you don't pay the full fee again when the actual transfer happens.\n- **Allows deductions**: The value of exploration work required under a title can be deducted when calculating fees for certain dealings.\n\n**Who it affects:**\n- Oil and gas companies operating in Western Australian state waters\n- Companies buying or selling petroleum titles\n- Companies restructuring their corporate ownership of petroleum assets\n\n**Why it matters:**\nThis is essentially a **stamp duty** (a tax on legal documents) for the petroleum industry. It ensures the state collects revenue when valuable offshore petroleum rights change hands or are encumbered, while providing sensible exceptions for genuine corporate reorganisations."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The page hosting this legislation is no longer available on the Western Australian Parliamentary Counsel's website."},"complexity_factors":["Insufficient legislative text available to conduct a meaningful complexity assessment","Fee-based legislation is typically straightforward in structure","Offshore petroleum regulatory frameworks can involve jurisdictional complexity between state and federal law","The 1982 origin suggests possible subsequent amendments that could add complexity"],"plain_english_summary":"The Petroleum (Submerged Lands) Registration Fees Act 1982 is a Western Australian law governing fees for registering interests, licences or dealings in offshore petroleum (submerged lands). It affects oil and gas companies and anyone seeking legal interests in WA’s offshore petroleum resources, because it determines the costs and administrative requirements for lawful offshore operations."}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-submerged-lands-registration-fees-act-1982","history":"/api/acts/petroleum-submerged-lands-registration-fees-act-1982/history","analysis":"/api/acts/petroleum-submerged-lands-registration-fees-act-1982/analysis","conflicts":"/api/acts/petroleum-submerged-lands-registration-fees-act-1982/conflicts","importantCases":"/api/acts/petroleum-submerged-lands-registration-fees-act-1982/important-cases","documents":"/api/acts/petroleum-submerged-lands-registration-fees-act-1982/documents"}}