{"id":"sa:petroleum-submerged-lands-act-1982","name":"Petroleum (Submerged Lands) Act 1982","slug":"sa-petroleum-submerged-lands-act-1982","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438050,"registerId":"sa:petroleum-submerged-lands-act-1982-seed-1775954629311-za321t","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"Interpretation, application and construction of Act","content":"Division 1—Interpretation, application and construction of Act\n1—Short title\n\t(1)\tThis Act may be cited as the Petroleum (Submerged Lands) Act 1982.\n2—Transitional provisions\n\t(2)\tThe scheme agreed on between the Governments of the Commonwealth, the States and the Northern Territory, being the scheme set out in Schedule 4, so far as that scheme relates to the operation of this Act has the force of law by virtue of this section.\n\t(3)\tFor the purposes of the scheme set out in Schedule 4, as in force by virtue of this section, this Act is the State Act of South Australia and the Minister is the Designated Authority under this Act.\n\t(4)\tA reference to the Designated Authority in a new permit (within the meaning of the scheme set out in Schedule 4) or a new pipeline licence (within the meaning of that scheme) shall for the purposes of that permit or pipeline licence and this Act be read as a reference to the Minister.\n\t(5)\tThe provisions set out in Schedule 5 have the force of law by virtue of this section.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\naccess authority means an access authority under Part 3;\napplication for a primary licence means an application under section 39(1) or (2) or under section 39A(1) or (2);\napplication for a secondary licence means an application under section 39(3) or under section 39A(3);\napproved means approved by the Minister;\nblock means a block constituted as provided by section 7A or 16;\nCommonwealth Act means, as the context requires:\n\t(a)\tthe Petroleum (Submerged Lands) Act 1967 of the Commonwealth as amended from time to time; or\n\t(b)\tif the Petroleum (Submerged Lands) Act 1967 of the Commonwealth has been repealed and re‑enacted (with or without modifications)—the re‑enacted Act of the Commonwealth as amended from time to time;\nCommonwealth Minister means the Minister of the Crown in right of the Commonwealth for the time being administering the Commonwealth Act;\nconstruct includes \"place\" and construction has a corresponding meaning;\ncorresponding law means an Act of another State or a law in force in a Territory of the Commonwealth giving effect to the agreement between the Commonwealth, the States and the Northern Territory referred to in the preamble to this Act;\ndocument includes any map, book, record or writing;\ngood oil-field practice means all those things that are generally accepted as good and safe in the carrying on of exploration for petroleum, or in operations for the recovery of petroleum, as the case may be;\ngraticular section means a section referred to in section 16;\ninspector means a person appointed under section 124;\nlease means a retention lease under Part 3;\nlease area means the area constituted by the blocks that are the subject of a lease;\nlessee means the registered holder of a lease;\nlicence means a production licence for petroleum under Part 3;\nlicence area means the area constituted by the blocks that are the subject of a licence;\nlicensee means the registered holder of a licence;\nlisted OHS laws has the meaning given by section 150C;\nlocation means a block or blocks in respect of which a declaration under section 36 is in force;\nnatural resources has the same meaning as in the Convention;\nOHS inspector means an OHS inspector appointed under the Commonwealth Act;\npartly cancelled means—\n\t(a)\tin relation to a permit or licence—cancelled as to one or more but not all of the blocks the subject of the permit or licence; and\n\t(b)\tin relation to a pipeline licence—cancelled as to a part of the pipeline the subject of the licence;\npartly determined, in relation to a permit or lease, means determined as to one or more but not all of the blocks the subject of the permit or lease;\npermit means an exploration permit for petroleum under Part 3;\npermit area means the area constituted by the blocks that are the subject of a permit;\npermittee means the registered holder of a permit;\npetroleum means—\n\t(a)\tany naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or\n\t(b)\tany naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or\n\t(c)\tany naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen-sulphide, nitrogen, helium and carbon-dioxide,\nand includes any petroleum as defined by paragraph (a), (b) or (c) of this definition that has been returned to a natural reservoir in the adjacent area;\npetroleum pool means a naturally occurring discrete accumulation of petroleum;\npipeline means a pipe or system of pipes in the adjacent area for conveying petroleum but does not include a pipe or system of pipes—\n\t(a)\tfor returning petroleum to a natural reservoir; or\n\t(b)\tfor conveying petroleum for use for the purposes of petroleum exploration operations or operations for the recovery of petroleum; or\n\t(c)\tfor conveying petroleum that is to be flared or vented; or\n\t(d)\tfor conveying petroleum from a well to a terminal station without passing through another terminal station, whether the terminal station to which the petroleum is conveyed is in the adjacent area or not;\npipeline licence means a licence under Part 3 to construct and operate a pipeline;\npipeline licensee means the registered holder of a pipeline licence;\nprimary entitlement means—\n\t(a)\tin relation to a permittee—the number of blocks forming part of a location in the permit area in respect of which that permittee may make an application under section 39(1); and\n\t(b)\tin relation to a lessee—the number of blocks in the lease area in respect of which that lessee may make an application under section 39A(1);\nprimary licence means a licence granted on an application under section 39(1) or (2) or under section 39A(1) or (2);\npumping station means equipment for pumping petroleum or water and includes any structure associated with that equipment;\nregister means the register kept in pursuance of Division 5 of Part 3;\nregistered holder, in relation to a permit, lease, licence, pipeline licence, special prospecting authority or access authority, means the person whose name is for the time being shown in the register as being the holder of the permit, lease, licence, pipeline licence, special prospecting authority or access authority;\nroyalty period, in relation to a permit or licence, means—\n\t(a)\tthe period from and including the date from which the permit or licence has effect to the end of the month of the year during which that date occurs; and\n\t(b)\teach month thereafter;\nSafety Authority means the National Offshore Petroleum Safety Authority under the Commonwealth Act;\nsecondary licence means a licence granted on an application under section 39(3) or under section 39A(3);\nsecondary line means a pipe or system of pipes for any purpose referred to in paragraphs (a), (b), (c) and (d) of the definition of pipeline;\nspecial prospecting authority means a special prospecting authority under Part 3;\ntank station means a tank or system of tanks for holding or storing petroleum and includes any structure associated with that tank or system of tanks;\nterminal station means a pumping station, a tank station or a valve station declared to be a terminal station under section 62 or under the Commonwealth Act or a corresponding law;\nthe adjacent area means, subject to subsection (2), so much of the area the boundary of which is described in Schedule 3 as is part of the territorial sea of Australia, including the territorial sea adjacent to any island forming part of South Australia;\nthe Convention means the Convention entitled Convention on the Continental Shelf signed at Geneva on 29 April 1958, being the Convention a copy of which in the English language is set out in Schedule 2;\nthe Joint Authority means the Commonwealth-South Australia Offshore Petroleum Joint Authority established by the Commonwealth Act;\nthe relinquished area means—\n\t(a)\tin relation to a permit, lease or licence that has expired—the area constituted by the blocks in respect of which the permit, lease or licence was in force but has not been renewed; and\n\t(b)\tin relation to a permit or lease that has been wholly determined or partly determined—the area constituted by the blocks as to which the permit or lease was so determined; and\n\t(c)\tin relation to a permit or licence that has been wholly cancelled or partly cancelled—the area constituted by the blocks as to which the permit or licence was so cancelled; and\n\t(ca)\tin relation to a lease that has been wholly cancelled—the area constituted by the blocks in respect of which the lease was in force; and\n\t(d)\tin relation to a pipeline licence that is no longer in force—the part of the adjacent area in which the pipeline was constructed; and\n\t(e)\tin relation to a pipeline licence that has been wholly cancelled or partly cancelled—the part of the adjacent area in which the pipeline or the part of the pipeline, as the case may be, was constructed; and\n\t(f)\tin relation to a special prospecting authority or access authority that has been surrendered or cancelled, or has expired—the area constituted by the blocks in respect of which that authority was in force;\nvalve station means equipment for regulating the flow of petroleum and includes any structure associated with that equipment;\nvessel means a vessel used in navigation, other than air navigation, and includes a barge, lighter or other floating vessel;\nwater line means a pipe or system of pipes for conveying water in connection with petroleum exploration operations or operations for the recovery of petroleum;\nwell means a hole in the sea-bed or subsoil made by drilling, boring or any other means in connection with exploration for petroleum or operations for the recovery of petroleum but does not include a seismic shot hole;\nwholly cancelled, in relation to a permit, lease, licence or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit, lease, licence or pipeline licence;\nwholly determined, in relation to a permit or lease, means determined as to all the blocks the subject of the permit or lease.\n\t(2)\tIf at any time the breadth of the territorial sea of Australia is determined or declared to be greater than three nautical miles, the definition of the adjacent area in subsection (1) continues to have effect as if the breadth of the territorial sea of Australia had continued to be three nautical miles.\n\t(4)\tIn this Act, a reference to the term of a permit, lease, licence, pipeline licence, special prospecting authority or access authority is a reference to the period during which the permit, lease, licence, pipeline licence, special prospecting authority or access authority remains in force and a reference to the date of expiration of a permit, lease, licence, pipeline licence, special prospecting authority or access authority is a reference to the day on which the permit, lease, licence, pipeline licence, special prospecting authority or access authority ceases to be in force.\n\t(5)\tIn this Act, a reference to a year of the term of a permit, lease, licence or pipeline licence is a reference to a period of one year commencing on the day on which the permit, lease, licence or pipeline licence, as the case may be, comes into force or on any anniversary of that day.\n\t(6)\tIn this Act, a reference to the renewal, or to the grant of a renewal, of a permit is a reference to the grant of a permit in respect of all or some of the blocks specified in the firstmentioned permit to commence on the day after the date of expiration of the firstmentioned permit or on the day after the date of expiration of the permit granted upon a previous renewal of the firstmentioned permit.\n\t(6a)\tIn this Act, a reference to the renewal, or the grant of a renewal, of a lease is a reference to the grant of a lease in respect of the blocks in respect of which the first mentioned lease was in force to commence on the day after the date of expiration of the firstmentioned lease or on the day after the date of expiration of the lease granted upon a previous renewal of the first mentioned lease.\n\t(7)\tIn this Act, a reference to the renewal, or to the grant of a renewal, of a licence in respect of the blocks specified in the licence is a reference to the grant of a licence in respect of those blocks to commence on the day after the date of expiration of the firstmentioned licence or on the day after the date of expiration of the licence granted upon a previous renewal of the firstmentioned licence.\n\t(8)\tIn this Act, a reference to the renewal, or to the grant of a renewal, of a pipeline licence in respect of a pipeline is a reference to the grant of a pipeline licence in respect of that pipeline to commence on the day after the date of expiration of the firstmentioned pipeline licence or on the day after the date of expiration of the pipeline licence granted upon a previous renewal of the firstmentioned pipeline licence.\n\t(9)\tIn this Act, a reference to a pipeline includes a reference to a part of a pipeline.\n\t(10)\tIn this Act, a reference to a permit, lease, licence, pipeline licence or access authority is reference to the permit, lease, licence, pipeline licence or access authority as varied for the time being under this Act.\n\t(11)\tThe power conferred by this Act to make, grant or issue any instrument shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to repeal, rescind, revoke, amend or vary any such instrument.\n\t(12)\tFor the purposes of this Act—\n\t(a)\tthe space above or below the adjacent area shall be deemed to be in that area; and\n\t(b)\tthe space above or below an area that is part of the adjacent area shall be deemed to be in that part.\n5—Application of Act\nThis Act applies to all natural persons, whether Australian citizens or not and whether resident in South Australia or not, and to all corporations, whether incorporated or carrying on business in South Australia or not.\n5A—Interaction with Marine Parks Act 2007\nThe Minister must, in the administration of this Act, take into account the objects of the Marine Parks Act 2007 (insofar as any operations or proposed operations relate to an area that forms part of a marine park under that Act).\n5B—Licence or other right is not personal property for the purposes of Commonwealth Act\nA right, entitlement or authority that is granted by or under this Act is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.\n6—Petroleum pool extending into two licence areas\n\t(1)\tWhere a well-head is situated in a licence area and the well from that well-head is inclined so as to enter a petroleum pool, being a pool that does not extend to that licence area, at a place within an adjoining licence area of the same licensee, any petroleum recovered through that well shall be deemed to have been recovered in that adjoining licence area under the licence in respect of that area.\n\t(2)\tWhere a petroleum pool is partly in one licence area and partly in an adjoining licence area of the same licensee and petroleum is recovered from that pool through a well or wells in one or both of the licence areas, there shall be deemed to have been recovered in each of the licence areas, under the licence in respect of that area, such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and the respective proportions shall be determined in accordance with subsection (3).\n\t(3)\tThe proportions to be determined for the purposes of subsection (2) may be determined by agreement between the licensee and the Minister or, in the absence of agreement, may be determined by the Supreme Court on the application of the licensee or the Minister.\n\t(4)\tWhere a petroleum pool is partly in a licence area and partly in an area (in this subsection referred to as the Commonwealth licence area) in which the licensee has authority under the Commonwealth Act to explore for, or recover, petroleum, and petroleum is recovered from that pool through a well or wells in the licence area, the Commonwealth licence area or both, there shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and that proportion shall be determined in accordance with subsection (5).\n\t(5)\tThe proportion to be determined for the purposes of subsection (4) may be determined by agreement between the licensee, the Joint Authority and the Minister or, in the absence of agreement, may be determined by the Supreme Court on the application of the licensee, the Joint Authority or the Minister.\n\t(6)\tWhere a petroleum pool is partly in a licence area and partly in an area (in this section called the other State licence area) in which the licensee has authority, under a corresponding law, to explore for or recover, petroleum, and petroleum is recovered from that pool through a well or wells in the licence area, the other State licence area or both, there shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and that proportion shall be determined in accordance with subsection (7).\n\t(7)\tThe proportion to be determined for the purposes of subsection (6) may be determined by agreement between the licensee, the Minister and the Minister of the other State administering the corresponding law or, in the absence of agreement, may be determined by the Supreme Court on the application of any of those persons.\n\t(a)\ta petroleum pool is partly in a licence area and partly in another area, being an area which is outside the adjacent area and in which the licensee has, under the Commonwealth Act or a corresponding law, authority to explore for, or recover, petroleum;\n\t(b)\tpetroleum is recovered from that pool; and\n\t(c)\tthe Supreme Court of another State makes a determination, under the Commonwealth Act or a corresponding law, of the proportion of the petroleum recovered from that pool that is, for the purposes of the Commonwealth Act or the corresponding law, to be deemed to have been recovered from the other area,\nthe Supreme Court shall not make a determination under this section that is inconsistent with the determination of the Supreme Court of the other State.\n\t(9)\tWhere—\n\t(a)\ta petroleum pool is partly in a licence area and partly in another area, whether in the adjacent area or not, in respect of which another person has authority, whether under this Act, the Commonwealth Act or a corresponding law, to explore for or recover petroleum; and\n\t(b)\ta unit development agreement in accordance with section 58 is in force between the licensee and that other person; and\n\t(c)\tpetroleum is recovered from that pool through a well or wells in the licence area, the other area or both,\nthere shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as is specified in, or determined in accordance with, the agreement.\n\t(10)\tIn this section a reference to a licence, a licensee or a licence area shall be read as including a reference to a permit and a lease, a permittee and a lessee or a permit area and a lease area.\n7—Points etc to be ascertained by reference to Australian Geodetic Datum\n\t(1)\tWhere, for the purposes of this Act, or for the purposes of an instrument under this Act, it is necessary to determine the position on the surface of the Earth of a point, line or area, that position shall be determined by reference to a spheroid having its centre at the centre of the Earth and a major (equatorial) radius of 6 378 160 metres and a flattening of\n\nand by reference to the position of the Johnston Geodetic Station in the Northern Territory of Australia.\n\t(2)\tThat station shall be taken to be situated at 133 degrees, 12 minutes and 30.0771 seconds of East Longitude and at 25 degrees, 56 minutes and 54.5515 seconds of South Latitude and to have a ground level of 571.2 metres above the spheroid referred to in subsection (1).\n7A—Certain portions of blocks to be blocks\n\t(1)\tWhere the area in respect of which a permit, lease, licence or prescribed instrument is in force includes one or more portions of a block constituted as provided by section 16, then, for the purposes of this Part—\n\t(a)\tthe area of that portion or those portions constitutes a block; and\n\t(b)\tthe area of the remaining portion or portions of the firstmentioned block (but not including any part of that area in respect of which a permit, lease, licence or prescribed instrument is in force) constitutes a block.\n\t(2)\tWhere a permit, lease, licence or prescribed instrument ceases to be in force in respect of an area that constitutes a block as provided by subsection (1)(a), the Minister may, by instrument in writing, if the Minister considers it desirable to do so, determine that that block shall be amalgamated with another block or blocks, being a block or blocks—\n\t(a)\tconstituted as provided by this section; and\n\t(b)\tforming part of the graticular section of which that firstmentioned block forms part; and\n\t(c)\tin respect of which a permit, lease or licence is in force.\n\t(3)\tWhere such a determination is made, then, for the purposes of this Part—\n\t(a)\tthe blocks the subject of the determination cease to constitute blocks and the areas of those blocks together constitute a block; and\n\t(b)\tthe block constituted by reason of the determination is, subject to this Part, for the remainder of the term of the permit, lease or licence concerned, a block in respect of which the permit, lease or licence is in force.\n\t(4)\tThe Minister shall not make a determination under subsection (2) except with the consent of the permittee, lessee or licensee concerned.\nprescribed instrument means a special prospecting authority, an access authority and any other instrument prescribed by regulation.\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Administration of the Commonwealth adjacent area","content":"Division 2—Administration of the Commonwealth adjacent area\n8—Definitions\nIn this Division, unless the contrary intention appears—\nCommonwealth Act means, as the context requires—\n\t(a)\tthe Petroleum (Submerged Lands) Act 1967 of the Commonwealth as amended from time to time; or\n\t(b)\tif the Petroleum (Submerged Lands) Act 1967 of the Commonwealth has been repealed and re‑enacted (with or without modifications)—the re‑enacted Act of the Commonwealth as amended from time to time; or\n\t(c)\tthe Petroleum (Submerged Lands) Registration Fees Act 1967 of the Commonwealth as amended from time to time; or\n\t(d)\tif the Petroleum (Submerged Lands) Registration Fees Act 1967 has been repealed and re‑enacted (with or without modifications)—the re‑enacted Act of the Commonwealth as amended from time to time; or\n\t(e)\tthe Petroleum (Submerged Lands) Fees Act 1994 of the Commonwealth as amended from time to time; or\n\t(f)\tif the Petroleum (Submerged Lands) Fees Act 1994 has been repealed and re‑enacted (with or without modifications)—the re‑enacted Act of the Commonwealth as amended from time to time;\nCommonwealth adjacent area means—\n\t(a)\tif the Petroleum (Submerged Lands) Act 1967 of the Commonwealth is in force—the adjacent area in respect of South Australia determined in accordance with section 5A of that Act; or\n\t(b)\tif the Petroleum (Submerged Lands) Act 1967 of the Commonwealth has been repealed and been re‑enacted (with or without modifications)—the area that, under the re‑enacted Act of the Commonwealth, corresponds to the adjacent area in respect of South Australia determined in accordance with section 5A of the repealed Act.\n9—Minister a member of Joint Authority\n\t(1)\tThe Minister may exercise any power which the Commonwealth Act is expressed to authorise him to exercise as a member of the Joint Authority.\n\t(2)\tThe Minister shall perform any function which the Commonwealth Act is expressed to require him to perform as a member of the Joint Authority.\n10—Minister as Designated Authority\nThe Minister is authorised to perform the functions and exercise the powers which the Commonwealth Act is expressed to require or empower the Designated Authority in respect of the Commonwealth adjacent area to perform or exercise.\n11—Delegations under Commonwealth Act\nWhere, in the exercise of a power which the Commonwealth Act is expressed to confer upon the Designated Authority in respect of the Commonwealth adjacent area, the Minister delegates a power to a person who is an officer in the public service or who holds any office in the service of the State of South Australia, the person may exercise the power.\n12—Public servants performing functions under Commonwealth Act\nAn officer in the public service of South Australia shall perform any function which the Minister, as the Designated Authority in respect of the Commonwealth adjacent area, or as a member of the Joint Authority, requires him to perform in relation to the Commonwealth Act.\n","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of laws","content":"Part 2—Application of laws\n13—Modification of the applied provisions\n\t(1)\tNotwithstanding anything to the contrary in the Off-shore Waters (Application of Laws) Act 1976 the regulations may provide that such of the provisions which apply in the adjacent area by virtue of that Act as are specified in the regulations—\n\t(a)\tdo not apply; or\n\t(b)\tapply with such modifications as are specified in the regulations,\nto or in relation to, acts, omissions, matters, circumstances or things touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum or the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil.\n\t(2)\tWithout limiting the operation of subsection (1) or of regulations under that subsection, the following shall, for the purposes of that subsection and of any such regulations, be deemed to be acts, omissions, matters, circumstances or things of the kind referred to in that subsection—\n\t(a)\tany—\n\t(i)\tact or omission that takes place in, on, above, below or in the vicinity of; or\n\t(ii)\tmatter, circumstance or thing that exists or arises with respect to or in connection with,\na vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for any reason touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum or the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil; or\n\t(b)\tany act or omission of, or matter or circumstance concerning, a person who—\n\t(i)\tis in the adjacent area for a reason of the kind referred to in paragraph (a); or\n\t(ii)\tis in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of the kind referred to in paragraph (a); or\n\t(c)\tany act or omission of, or matter or circumstance concerning, a person in respect of his carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (a).\n\t(3)\tFor the purposes of this section, modification includes the omission or addition of a provision or the substitution of a provision for another provision.\n14—Jurisdiction of State courts\nThe jurisdiction with which the several courts of South Australia are invested by the Off-shore Waters (Application of Laws) Act 1976 extends to all matters arising under any modification of the provisions which apply in the adjacent area by virtue of that Act effected by regulations under section 13.\n14A—Disapplication of State occupational health and safety laws\n\t(1)\tThe prescribed occupational health and safety laws do not apply in relation to—\n\t(a)\ta facility; or\n\t(b)\ta person at a facility; or\n\t(c)\ta person near a facility, to the extent to which the person is affected by—\n\t(i)\ta facility; or\n\t(ii)\tactivities that take place at a facility; or\n\t(d)\tactivities that take place at a facility.\n\t(2)\tA reference in subsection (1) to the prescribed occupational health and safety laws is a reference to such of the provisions of those laws that, but for subsection (1), would apply in the adjacent area by virtue of the Off-shore Waters (Application of Laws) Act 1976 or the cooperative scheme within the meaning of the Crimes at Sea Act 1998.\n\t(3)\tIn this section—\nfacility has the same meaning as in Schedule 7;\nprescribed occupational heath and safety laws mean any laws of the State relating to occupational health and safety (whether or not they also relate to other matters) that are prescribed by the regulations for the purposes of this section.\n\t(4)\tThis section applies despite anything to the contrary in the Off-shore Waters (Application of Laws) Act 1976 or the Crimes at Sea Act 1998.\n","sortOrder":3},{"sectionNumber":"Part 3","sectionType":"part","heading":"Mining for petroleum","content":"Part 3—Mining for petroleum\nDivision 1—Preliminary\n15—Delegation\n\t(1)\tThe Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him delegate to a person any of his powers or functions under this Act other than this power of delegation.\n\t(2)\tA power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister.\n\t(3)\tA delegation under this section may be expressed as a delegation to the person for the time being holding, or performing the duties of, a specified office under the Commonwealth, a State or a Territory.\n\t(4)\tA delegation under this section made at any time by a person who is at that time the Minister continues in force notwithstanding that at some subsequent time a different person is the Minister or there is no person who is the Minister, but such a delegation may be revoked or varied by any person who is for the time being the Minister.\n\t(5)\tA delegation under this section of a power or function does not prevent the exercise of the power or performance of the function by the Minister.\n\t(6)\tA copy of each instrument making, varying or revoking a delegation shall be published in the Gazette.\n16—Graticulation of Earth's surface\n\t(1)\tFor the purposes of this Act, the surface of the Earth shall be deemed to be divided—\n\t(a)\tby the meridian of Greenwich and by meridians that are at a distance from that meridian of five minutes, or a multiple of five minutes, of longitude; and\n\t(b)\tby the equator and by parallels of latitude that are at a distance from the equator of five minutes, or a multiple of five minutes, of latitude,\ninto sections, each of which is bounded—\n\t(c)\tby portions of two of those meridians that are at a distance from each other of five minutes of longitude; and\n\t(d)\tby portions of two of those parallels of latitude that are at a distance from each other of five minutes of latitude.\n\t(2)\tFor the purposes of this Act—\n\t(a)\ta graticular section that is wholly within the adjacent area constitutes a block; and\n\t(b)\tif a part only of a graticular section is, or parts only of a graticular section are, within the adjacent area, the area of that part, or of those parts, constitutes a block.\n\t(3)\tIn this Act—\n\t(a)\ta reference to a block that is constituted by a graticular section includes a reference to a block that is constituted by the area of a part only, or by the areas of parts only, of a graticular section; and\n\t(b)\ta reference to a graticular section that constitutes a block includes a reference to a graticular section part only of which constitutes, or parts only of which constitute, a block.\n17—Reservation of blocks\n\t(1)\tThe Minister may, by instrument published in the Gazette, declare that a block specified in the instrument (not being a block in respect of which a permit, lease or licence is in force or over or in which there is a pipeline) shall not be the subject of a permit, lease, licence, special prospecting authority or access authority and that a pipeline licence shall not be granted in respect of a pipeline over or in that block.\n\t(2)\tWhile a declaration under subsection (1) remains in force in respect of a block, a permit, lease, licence, special prospecting authority or access authority shall not be granted in respect of that block and a pipeline licence shall not be granted in respect of a pipeline over or in that block.\nDivision 2—Exploration permits for petroleum\n18—Exploration for petroleum\n\t(1)\tA person shall not explore for petroleum in the adjacent area except—\n\t(a)\tunder and in accordance with a permit; or\n\t(b)\tas otherwise permitted by this Part.\nMaximum penalty: $50 000 or imprisonment for five years, or both.\n\t(2)\tFor the purposes of subsection (1), a person who does anything preparatory to, or knowingly connected with, exploration for petroleum will be taken to be exploring for petroleum.\n19—Advertisement of blocks\n\t(1)\tThe Minister may, by instrument published in the Gazette—\n\t(a)\tinvite applications for the grant of a permit in respect of the block or blocks specified in the instrument; and\n\t(b)\tspecify a period within which applications may be made.\n\t(2)\tThe Minister may, for reasons that he thinks sufficient, in an instrument under subsection (1), direct that section 20(2) or (3) does not apply, or that both of those subsections do not apply, to or in relation to the applications.\n20—Application for permits\n\t(1)\tAn application under section 19—\n\t(c)\tshall be in respect of not more than 400 blocks; and\n\t(d)\tshall be accompanied by particulars of—\n\t(i)\tthe proposals of the applicant for work and expenditure in respect of the blocks specified in the application; and\n\t(ii)\tthe technical qualifications of the applicant and of his employees; and\n\t(iii)\tthe technical advice available to the applicant; and\n\t(iv)\tthe financial resources available to the applicant;\n\t(e)\tmay set out other matters that the applicant wishes the Minister to consider; and\n\t(f)\tshall be accompanied by the prescribed fee.\n\t(2)\tThe number of blocks specified in the application—\n\t(a)\tif sixteen blocks or more are available—shall not be less than sixteen; or\n\t(b)\tif less than sixteen blocks are available—shall be the number available.\n\t(3)\tThe blocks specified in the application shall be blocks that are constituted by graticular sections that—\n\t(a)\tconstitute a single area; and\n\t(b)\tare such that each graticular section in that area has a side in common with at least one other graticular section in that area.\n\t(4)\tThe Minister may, at any time, by instrument in writing served on the applicant, require him to furnish, within the time specified in the instrument, further information in writing in connection with his application.\n21—Grant or refusal of permit in relation to application\n\t(1)\tWhere an application has been made under section 19, the Minister may—\n\t(a)\tby instrument in writing served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a permit in respect of the block or blocks specified in the instrument; or\n\t(b)\trefuse to grant a permit to the applicant.\n\t(2)\tAn instrument under subsection (1) shall contain—\n\t(a)\ta summary of the conditions subject to which the permit is to be granted; and\n\t(b)\ta statement to the effect that the application will lapse if the applicant does not make a request under subsection (3) in respect of the grant of the permit.\n\t(3)\tAn applicant on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on him, or within such further period, not exceeding one month, as the Minister, on application in writing served on him before the expiration of the firstmentioned period of one month, allows, by instrument in writing served on the Minister, request the Minister to grant to the applicant the permit referred to in the firstmentioned instrument.\n\t(4)\tWhere an applicant on whom there has been served an instrument under subsection (1) has made a request under subsection (3) within the period applicable under subsection (3), the Minister must grant to the applicant an exploration permit for petroleum in respect of the block or blocks specified in the instrument.\n\t(5)\tWhere an applicant on whom there has been served an instrument under subsection (1) has not made a request under subsection (3) within the period applicable under subsection (3), the application lapses upon the expiration of that period.\n22—Application for permit in respect of surrendered etc blocks\n\t(a)\ta lease is surrendered, cancelled or determined as to a block or blocks; or\n\t(aa)\ta licence is surrendered or cancelled as to a block or blocks; or\n\t(b)\ta permit is surrendered, cancelled or determined as to a block or blocks and, at the time of the surrender, cancellation or determination, the block was, or was included in, or the blocks were, or were included in, a location,\nthe Minister may, at any subsequent time, by instrument published in the Gazette, invite applications for the grant of a permit in respect of that block or such of those blocks as are specified in the instrument and specify a period within which applications may be made.\n\t(4)\tAn application under this section—\n\t(c)\tshall be accompanied by the particulars referred to in section 20(1)(d); and\n\t(d)\tshall specify an amount that the applicant is prepared to pay to the Minister, in addition to the fee referred to in section 23(1)(a), in respect of the grant of a permit to him on the application; and\n\t(e)\tmay set out any other matters that the applicant wishes the Minister to consider.\n\t(5)\tThe Minister may, at any time, by instrument in writing served on the applicant, require him to furnish, within the time specified in the instrument, further information in writing in connection with his application.\n23—Application fee etc\n\t(1)\tAn application under section 22 shall be accompanied by—\n\t(a)\tthe prescribed fee; and\n\t(b)\ta deposit of 10 per centum of the amount specified in the application under section 22(4)(d).\n\t(2)\tWhere a permit is not granted on the application, the amount of the deposit must, subject to subsection (3), be refunded to the applicant.\n\t(3)\tWhere an applicant on whom there has been served an instrument under section 24 does not request the Minister in accordance with section 25 to grant to him the permit referred to in the instrument, the deposit shall not, unless the Minister otherwise determines, be refunded to the applicant.\n24—Consideration of applications\n\t(1)\tWhere, at the expiration of the period specified in an instrument under section 22(1), only one application has been made under that subsection in respect of the block or blocks specified in the instrument, the Minister may reject the application or may, by instrument in writing served on the applicant, inform the applicant that he is prepared to grant to him a permit in respect of that block or those blocks.\n\t(2)\tWhere, at the expiration of the period specified in an instrument under section 22(1), two or more applications have been made under that subsection in respect of the block or blocks specified in the instrument, the Minister may reject any or all of the applications and, if he does not reject all of the applications, may—\n\t(a)\tif only one application remains unrejected—by instrument in writing served on the applicant; or\n\t(b)\tif two or more applications remain unrejected—by instrument in writing served on the applicant, or on one of the applicants, whose application has not been rejected and who has specified as the amount that he is prepared to pay in respect of the grant of a permit to him an amount that is not less than the amount specified by any other applicant whose application has not been rejected,\ninform him that he is prepared to grant to him a permit in respect of that block or those blocks.\n\t(5)\tAn instrument under this section shall contain—\n\t(a)\ta summary of the conditions subject to which the permit is to be granted; and\n\t(b)\ta statement to the effect that the application will lapse if the applicant does not—\n\t(i)\tmake a request under section 25(1); and\n\t(ii)\tpay the balance of the amount to be paid in respect of the grant of the permit to him or enter into an agreement under section 108 in respect of that balance.\n25—Request by applicant for grant of permit in respect of advertised blocks\n\t(1)\tAn applicant on whom there has been served an instrument under section 24 may, within a period of three months after the date of service of the instrument on him, or within such further period, not exceeding three months, as the Minister, on application in writing served on him before the expiration of the firstmentioned period of three months, allows—\n\t(a)\tby instrument in writing served on the Minister, request the Minister to grant to him the permit referred to in the firstmentioned instrument; and\n\t(b)\tpay the balance of the amount to be paid in respect of the grant of the permit to him or enter into an agreement under section 108 in respect of that balance.\n\t(2)\tWhere an applicant on whom there has been served an instrument under section 24—\n\t(a)\thas not made a request under subsection (1); or\n\t(b)\thas not paid the balance of the amount to be paid in respect of the grant of the permit to him or entered into an agreement under section 108 in respect of that balance,\nwithin the period applicable under subsection (1), the application lapses upon the expiration of that period.\n\t(3)\tWhere the application of an applicant on whom there has been served an instrument under section 24(2) lapses as provided by subsection (2), section 24(2) applies in respect of the application or applications, if any, then remaining unrejected.\n26—Grant of permit on request\nWhere a person on whom there has been served an instrument under section 24—\n\t(a)\thas made a request under section 25(1); and\n\t(b)\thas paid the balance of the amount to be paid in respect of the grant of a permit to him or has entered into an agreement under section 108 in respect of that balance,\nwithin the period applicable under section 24(1), the Minister shall grant to that person an exploration permit for petroleum in respect of the block or blocks specified in the instrument.\n27—Rights conferred by permit\nA permit, while it remains in force, authorises the permittee subject to this Act and in accordance with the conditions to which the permit is subject, to explore for petroleum and to carry on such operations and execute such works as are necessary for that purpose in the permit area.\n28—Term of permit\nSubject to this Part, a permit remains in force—\n\t(a)\tin the case of a permit granted otherwise than by way of the renewal of a permit—for a period of six years commencing on the day on which the permit is granted or, if a later day is specified in the permit as being the day on which the permit is to come into force, on that later day; and\n\t(b)\tin the case of a permit granted by way of the renewal of a permit—for a period of five years commencing on the day on which the permit is granted or, if a later day is specified in the permit as being the day on which the permit is to come into force, on that later day.\n29—Application for renewal of permit\n\t(1)\tSubject to sections 30 and 30A, a permittee may, from time to time, make an application to the Minister for the renewal of the permit in respect of such of the blocks the subject of the permit as are specified in the application.\n\t(2)\tAn application for the renewal of the permit—\n\t(b)\tsubject to subsection (3) shall be made in an approved manner not less than three months before the date of expiration of the permit; and\n\t(c)\tshall be accompanied by the prescribed fee.\n\t(3)\tThe Minister may, for reasons that he thinks sufficient, receive an application for the renewal of the permit less than three months before, but not in any case after, the date of expiration of the permit.\n30—Application for renewal of permit to be in respect of reduced area\n\t(1)\tSubject to subsection (3), the number of blocks in respect of which an application for the renewal of a permit may be made shall not exceed the number calculated as follows:\n\t(a)\twhere the number of blocks in respect of which the permit is in force is a number that is divisible by two without remainder—one-half of that number; or\n\t(b)\twhere the number of blocks in respect of which the permit is in force is a number that is one less or one more than a number that is divisible by four without remainder—one-half of that lastmentioned number.\n\t(2)\tA block that is, or is included in, a location and in respect of which the permit is in force shall not be regarded as a block in respect of which the permit is in force for the purpose of making a calculation under subsection (1).\n\t(3)\tAn application for the renewal of a permit may include, in addition to the blocks referred to in subsection (1), a block that is, or is included in, a location and in respect of which the permit is in force, or two or more such blocks.\n\t(4)\tThe blocks specified in an application for the renewal of a permit shall be blocks that are constituted by, or are within, graticular sections that—\n\t(a)\tconstitute a single area or a number of discrete areas; and\n\t(b)\tare such that each graticular section in the area, or in each area, has a side in common with at least one other graticular section in that area.\n\t(5)\tWhere the number of blocks in respect of which an application for the renewal of a permit may be made is sixteen or more, each area constituted by blocks in respect of which the application is made shall be constituted by not less than sixteen blocks.\n\t(6)\tWhere the maximum number of blocks in respect of which an application for the renewal of a permit may be made in accordance with the preceding provisions of this section is less than sixteen, the Minister may, by instrument in writing served on the permittee—\n\t(a)\tinform the permittee that the number of blocks in respect of which the application may be made is such number, not exceeding sixteen, as is specified in the instrument; and\n\t(b)\tgive such directions as he thinks fit concerning the blocks in respect of which the application may be made.\n\t(7)\tThe Minister may, for reasons that he thinks sufficient—\n\t(a)\tdirect that subsections (4) and (5) do not apply to or in relation to a proposed application for the renewal of a permit; and\n\t(b)\tgive such directions as he thinks fit concerning the blocks in respect of which that application may be made.\n30A—Certain permits cannot be renewed more than twice\n\t(1)\tThis section applies to an application for the renewal of a permit where—\n\t(a)\tthe original permit was granted under section 21—\n\t(i)\ton or after 1 January 2005; and\n\t(ii)\tas a result of an application made in response to an invitation in an instrument that was published under section 19(1) on or after 1 January 2005; or\n\t(b)\tthe original permit was granted under section 26 on or after 1 January 2005.\n\t(2)\tA permittee must not make the application if it could result in the original permit being renewed more than twice.\n31—Grant or refusal of renewal of permit\n\t(1)\tWhere an application has been made under section 29 for the renewal of a permit, the Minister—\n\t(a)\tmust, if the conditions to which the permit is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with; or\n\t(i)\tany of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with; and\n\t(ii)\tthe Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the permit,\nby instrument in writing served on the person who is then the permittee, inform the person that the Minister is prepared to grant to the person the renewal of the permit.\n\t(2)\tIf any of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with, and if the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the permit, the Minister must, subject to subsection (3), by instrument in writing served on the person who is then the permittee, refuse to grant the renewal of the permit.\n\t(3)\tThe Minister shall not refuse to grant the renewal of the permit unless—\n\t(a)\the has, by instrument in writing served on the permittee, given not less than one month's notice of his intention to refuse to grant the renewal of the permit; and\n\t(ii)\tspecified a date on or before which the permittee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes the Minister to consider; and\n\t(d)\the has taken into account any matters so submitted to him on or before the specified date by the permittee or by a person on whom a copy of the firstmentioned instrument has been served.\n\t(4)\tAn instrument referred to in subsection (1) shall contain—\n\t(a)\ta summary of the conditions to which the permit, on the grant of the renewal, is to be subject; and\n\t(b)\ta statement to the effect that the application will lapse if the permittee does not make a request under subsection (5).\n\t(5)\tA permittee on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on the permittee, by instrument in writing served on the Minister, request the Minister to grant to the permittee the renewal of the permit.\n\t(6)\tWhere a permittee on whom there has been served an instrument under subsection (1) has made a request under subsection (5) within the period referred to in subsection (5), the Minister must grant to the permittee the renewal of the permit.\n\t(7)\tWhere a permittee on whom there has been served an instrument under subsection (1) has not made a request under subsection (5) within the period referred to in subsection (5), the application lapses upon the expiration of that period.\n\t(a)\tan application for the renewal of a permit has been made; and\n\t(b)\tthe permit expires—\n\t(i)\tbefore the Minister grants, or refuses to grant, the renewal of the permit; or\n\t(ii)\tbefore the application lapses as provided by subsection (7),\nthe permit shall be deemed to continue in force in all respects—\n\t(c)\tuntil the Minister grants, or refuses to grant, the renewal of the permit; or\n32—Conditions of permit\n\t(1)\tA permit may be granted subject to such conditions as the Minister thinks fit and specifies in the permit.\n\t(2)\tThe conditions referred to in subsection (1) may include conditions with respect to—\n\t(a)\twork to be carried out by the permittee in or in relation to the permit area during the term of the permit; or\n\t(b)\tamounts to be expended by the permittee in the carrying out of such work; or\n\t(c)\tboth those matters,\nand the conditions may require the permittee to comply with directions given in accordance with the permit concerning the matters referred to in paragraphs (a) and (b).\n33—Discovery of petroleum to be notified\n\t(1)\tWhere petroleum is discovered in a permit area, the permittee—\n\t(a)\tshall forthwith inform the Minister of the discovery; and\n\t(b)\tshall, within a period of three days after the date of the discovery, furnish to the Minister particulars in writing of the discovery.\n\t(2)\tWhere petroleum is discovered in a permit area, the Minister may, from time to time, by instrument in writing served on the permittee, direct the permittee to furnish to him, within the period specified in the instrument, particulars in writing of any one or more of the following:\n\t(a)\tthe chemical composition and physical properties of the petroleum; and\n\t(b)\tthe nature of the subsoil in which the petroleum occurs; and\n\t(c)\tany other matters relating to the discovery that are specified by the Minister in the instrument.\n34—Directions by Minister on discovery of petroleum\n\t(1)\tWhere petroleum is discovered in a permit area, the Minister may, by instrument in writing served on the permittee, direct the permittee to do, within the period specified in the instrument, such things as the Minister thinks necessary and specifies in the instrument to determine the chemical composition and physical properties of that petroleum and to determine the quantity of petroleum in the petroleum pool to which the discovery relates or, if part only of that petroleum pool is within the permit area, in such part of that petroleum pool as is within the permit area.\n35—Nomination of blocks as location\n\t(1)\tWhere a petroleum pool is identified in a permit area, the permittee may nominate the block in which the pool is situated, or the blocks (being blocks within the permit area) to which the pool extends, for declaration as a location.\n\t(2)\tWhere two or more petroleum pools are identified in a permit area, the permittee may, instead of making a nomination under subsection (1) in relation to each pool, nominate all of the blocks to which the pools extend, or to which any two or more of the pools extend, for declaration as a single location.\n\t(3)\tA nomination may not be made under subsection (2) unless, in the case of each of the pools to which the nomination relates, at least one of the blocks to which the pool extends immediately adjoins a block to which the other, or another, of those pools extends.\n\t(4)\tA nomination by a permittee must be in writing and served on the Minister.\n\t(5)\tA nomination may not be made by a permittee unless the permittee or another person has, whether within or outside the permit area, recovered petroleum from the petroleum pool to which the nomination relates or, if the nomination relates to more than one pool, from each of those pools.\n\t(a)\tthe Minister is of the opinion that a permittee is entitled to nominate a block or blocks under subsection (1) or (2); and\n\t(b)\tthe permittee has not done so,\nthe Minister may require the permittee to exercise the permittee's right to nominate the block or blocks within three months after the date of the making of the requirement.\n\t(7)\tA requirement by the Minister under subsection (6) must be by written notice served on the permittee.\n\t(8)\tOn written request by a permittee within the period fixed by subsection (6), the Minister may extend the time for compliance with a requirement under that subsection by not more than three months.\n\t(9)\tIf a permittee fails to comply with a requirement under subsection (6), the Minister may, by written notice served on the permittee, nominate the block or blocks for declaration as a location.\n36—Declaration of location\n\t(a)\ta permittee has made a nomination under section 35; and\n\t(b)\tthe Minister is of the opinion that the permittee is entitled under that section to nominate the block or blocks specified in the nomination,\nthe Minister must, by notice published in the Gazette, declare the block or blocks to which the nomination relates to be a location.\n\t(2)\tWhere the Minister has made a nomination under section 35(9), the Minister must, by notice published in the Gazette, declare the block or blocks to which the nomination relates to be a location.\n\t(3)\tThe Minister may, at the request of the permittee, revoke a declaration.\n\t(4)\tThe Minister may vary a declaration—\n\t(a)\tby adding to the location a block in the permit area to which, in the opinion of the Minister, a petroleum pool within the location extends; or\n\t(b)\tby deleting from the location a block to which, in the opinion of the Minister, no petroleum pool within the location extends.\n\t(5)\tThe Minister may not vary a declaration unless—\n\t(a)\tthe Minister has caused to be served on the permittee notice in writing of the proposed variation, identifying the block to be added to, or deleted from, the location; and\n\t(b)\ta period of 30 days after the date of service of the notice has expired; and\n\t(c)\tthe Minister has considered any matters submitted to the Minister by the permittee in relation to the proposed variation.\n\t(6)\tSubsection (5) does not apply where a variation is made at the request of the permittee.\n37—Immediately adjoining blocks\nFor the purposes of section 35, a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block—\n\t(a)\thave a side in common; or\n\t(b)\tare joined together at one point only.\n","sortOrder":4},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Retention leases for petroleum","content":"Division 2A—Retention leases for petroleum\n37A—Application by permittee for lease\n\t(1)\tA permittee whose permit is in force in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Minister for the grant of a lease in respect of that block, or in respect of one or more of those blocks, as the case may be.\n\t(2)\tAn application under subsection (1)—\n\t(i)\tthe proposals of the applicant for work and expenditure in respect of the area comprised in the blocks specified in the application; and\n\t(ii)\tthe commercial viability of the recovery of petroleum from the area comprised in the blocks specified in the application at the time of the application, and particulars of the possible future commercial viability of the recovery of petroleum from that area; and\n\t(d)\tmay set out any other matters that the applicant wishes to be considered; and\n\t(3)\tThe Minister may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the time specified in the instrument, further information in writing in connection with the application.\n\t(4)\tThe application period in respect of an application under this section by a permittee is—\n\t(a)\tthe period of 2 years after the date on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or\n\t(b)\tsuch other period, not less than 2 years or more than 4 years after that date, as the Minister, on application in writing by the permittee, served on the Minister before the end of the firstmentioned period of 2 years, allows.\n37B—Grant or refusal of lease in relation to application\n\t(a)\tan application has been made under section 37A; and\n\t(b)\tthe applicant has furnished any further information as and when required by the Minister under section 37A(3); and\n\t(c)\tthe Minister is satisfied that recovery of petroleum from the area comprised in the blocks specified in the application—\n\t(i)\tis not, at the time of the application, commercially viable; and\n\t(ii)\tis likely to become commercially viable within the period of 15 years after that time,\nthe Minister shall, by instrument in writing served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a lease in respect of the block or blocks specified in the application.\n\t(2)\tWhere an application has been made under section 37A and—\n\t(a)\tthe applicant has not furnished any further information as and when required by the Minister under section 37A(3); or\n\t(b)\tthe Minister is not satisfied as to the matters referred to in subsection (1)(c) in relation to the blocks specified in the application,\nthe Minister shall, by instrument in writing served on the applicant, refuse to grant a lease to the applicant.\n\t(3)\tAn instrument under subsection (1) shall contain—\n\t(a)\ta summary of the conditions subject to which the lease is to be granted; and\n\t(b)\ta statement to the effect that the application will lapse if the applicant does not make a request under subsection (4) in respect of the grant of the lease.\n\t(4)\tAn applicant on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument, or within such further period, not exceeding one month, as the Minister, on application in writing served on the Minister before the end of the firstmentioned period of one month, allows, by instrument in writing served on the Minister, request the Minister to grant the lease to the applicant.\n\t(5)\tWhere an applicant on whom there has been served an instrument under subsection (1) has made a request under subsection (4) within the period applicable under subsection (4), the Minister must grant to the applicant a retention lease in respect of the block or blocks specified in the instrument.\n\t(6)\tWhere an applicant on whom there has been served an instrument under subsection (1) has not made a request under subsection (4) within the period applicable under subsection (4), the application lapses upon the expiration of that period.\n\t(7)\tOn the day on which a lease granted under this section in respect of a block or blocks comes into force, the permit in respect of the block or blocks ceases to be in force in respect of those blocks.\n37BA—Application of sections 37A and 37B where permit is transferred\n\t(a)\tafter an application has been made under section 37A(1) in relation to a block or blocks in respect of which a permit is in force; and\n\t(b)\tbefore a decision has been made by the Minister under section 37B(1) or (2) in relation to the application,\na transfer of the permit is registered under section 77, sections 37A and 37B have effect, after the time of the transfer, as if a reference in those sections to the applicant were a reference to the transferee.\n37C—Rights conferred by lease\nA lease, while it remains in force, authorises the lessee, subject to this Act and in accordance with the conditions to which the lease is subject, to explore for petroleum, and to carry on such operations and execute such works as are necessary for that purpose, in the lease area.\n37D—Term of lease\nSubject to this Part, a lease (whether granted by way of renewal of a lease or otherwise) remains in force for a period of 5 years commencing on the day on which the lease was granted or, if a later day is specified in the lease as being the day on which the lease is to come into force, on that later day.\n37E—Notice of intention to cancel lease\n\t(a)\ta lessee has been given a notice of the kind referred to section 37H(3)(b) during the term of the lease and has carried out, and has informed the Minister of the results of, the re-evaluation required by the notice; and\n\t(b)\tthe lessee has not made an application for the renewal of the lease; and\n\t(c)\tafter consideration of the results of the re-evaluation referred to in paragraph (a) and such other matters as the Minister thinks fit, the Minister is of the opinion that recovery of petroleum from the lease area is commercially viable,\nthe Minister may serve on the lessee and on such other persons as the Minister thinks appropriate an instrument in writing—\n\t(d)\tinforming the lessee or the other person that the Minister has formed that opinion and that the Minister intends to cancel the lease; and\n\t(e)\tstating that the lessee or the other person may serve an instrument in writing on the Minister within the period specified in the firstmentioned instrument, not being a period ending earlier than one month after the date of service of the firstmentioned instrument, setting out any matters that the lessee or the other person, as the case may be, wishes to be considered.\n\t(a)\tan instrument under subsection (1) is served on a lessee; and\n\t(b)\tthe lessee does not, within the period referred to in subsection (1)(e), serve on the Minister an instrument setting out matters that the lessee wishes to be considered or the Minister, after consideration of matters set out in an instrument served on the Minister by the lessee within that period, determines that the lease should be cancelled,\nthe Minister shall, by instrument in writing served on the lessee, cancel the lease.\n\t(3)\tThe cancellation of a lease under subsection (2) has effect—\n\t(a)\tin a case to which paragraph (b) does not apply—at the end of the period of 12 months commencing on the date of service of the instrument of cancellation; or\n\t(b)\tin a case where the lessee makes an application for a licence in respect of one or more of the blocks comprised in the lease within the period referred to in paragraph (a)—when the Minister grants, or refuses to grant, the licence or when the application lapses, whichever first happens.\n\t(4)\tWhere a lease is cancelled under subsection (2), the lease shall be deemed to continue in force in all respects until the cancellation has effect in accordance with subsection (3).\n37F—Application for renewal of lease\n\t(1)\tA lessee may, from time to time, make an application to the Minister for the renewal of the lease.\n\t(2)\tAn application for the renewal of a lease—\n\t(b)\tsubject to subsection (3), shall be made in an approved manner not less than 6 months or more than 12 months before the day on which the lease ceases to be in force; and\n\t(i)\tthe proposals of the applicant for work and expenditure in respect of the lease area; and\n\t(ii)\tparticulars of the commercial viability of recovery of petroleum from the lease at the time of the application and particulars of the possible future commercial viability of recovery of petroleum from the lease area; and\n\t(d)\tshall be accompanied by the prescribed fee.\n\t(3)\tThe Minister may, for reasons that the Minister thinks sufficient, receive an application for the renewal of the lease less than 6 months before, but not in any case after, the day on which the lease ceases to be in force.\n\t(4)\tWhere an application has been made for the renewal of a lease, the Minister may, at any time, by instrument in writing served on the lessee, require the lessee to furnish, within the time specified in the instrument, further information in writing in connection with the application.\n37G—Grant or refusal of renewal of lease\n\t(a)\tan application for the renewal of a lease has been made under section 37F; and\n\t(b)\tany further information required by the Minister under section 37F(4) has been furnished in accordance with that section; and\n\t(c)\tthe Minister is satisfied that recovery of petroleum from the lease area—\n\t(i)\tis not, at the time of the application, commercially viable; and\n\t(ii)\tis likely to become commercially viable within the period of 15 years after that time,\nthe Minister—\n\t(d)\tmust, if the conditions to which the lease is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with; or\n\t(e)\tmay, if—\n\t(i)\tany of the conditions to which the lease is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with; and\n\t(ii)\tthe Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the lease,\nby instrument in writing served on the person who is then the lessee, inform the person that the Minister is prepared to grant to the person the renewal of the lease.\n\t(2)\tSubject to subsection (3), where an application for the renewal of a lease has been made under section 37F and—\n\t(a)\tany further information required by the Minister under section 37F(4) has not been furnished in accordance with that section; or\n\t(b)\tthe Minister is not satisfied as to the matters referred to in subsection (1)(c); or\n\t(c)\tany of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with and the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the lease,\nthe Minister must, by instrument in writing served on the person who is then the lessee, refuse to grant the renewal of the lease.\n\t(3)\tThe Minister shall not refuse to grant the renewal of the lease unless—\n\t(a)\tthe Minister has, by instrument in writing served on the lessee, given not less than one month's notice of his or her intention to refuse to grant the renewal of the lease; and\n\t(b)\tthe Minister has served a copy of the instrument on such other persons, if any, as he or she thinks fit; and\n\t(c)\tthe Minister has, in the instrument—\n\t(ii)\tspecified a date on or before which the lessee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that the lessee wishes to be considered; and\n\t(d)\tthe Minister has taken into account any matters so submitted on or before the specified date by the lessee or by a person on whom a copy of the firstmentioned instrument has been served.\n\t(4)\tAn instrument referred to in subsection (1) shall contain—\n\t(a)\ta summary of the conditions to which the lease, on the grant of the renewal, is to be subject; and\n\t(b)\ta statement to the effect that the application will lapse if the lessee does not make a request under subsection (6).\n\t(5)\tAn instrument under subsection (2) shall, where the Minister refuses to grant the renewal of a lease by reason only that he or she is not satisfied as to the matter referred to in subsection (1)(c)(i), contain a statement to the effect that the lessee may, within the period of 12 months after the date of service of the instrument, make an application for a licence in respect of one or more of the blocks comprised in the lease.\n\t(6)\tA lessee on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on the lessee, by instrument in writing served on the Minister, request the Minister to grant to the lessee the renewal of the lease.\n\t(7)\tWhere a lessee on whom there has been served an instrument under subsection (1) has made a request under subsection (6) within the period referred to in subsection (6), the Minister must grant to the lessee the renewal of the lease.\n\t(8)\tWhere a lessee on whom there has been served an instrument under subsection (1) has not made a request under subsection (6) within the period referred to in subsection (6), the application lapses upon the expiration of that period.\n\t(9)\tWhere—\n\t(a)\tan application for the renewal of a lease has been made; and\n\t(b)\tthe lease expires—\n\t(i)\tbefore the Minister grants, or refuses to grant, the renewal of the lease; or\n\t(ii)\tbefore the application lapses as provided by subsection (8),\nthe lease shall be deemed to continue in force in all respects—\n\t(c)\tuntil the Minister grants, or refuses to grant, the renewal of the lease; or\n\t(10)\tWhere the Minister refuses to grant the renewal of a lease by reason only that the Minister is not satisfied as to the matter referred to in subsection (1)(c)(i), the lease shall be deemed to continue in force in all respects—\n\t(a)\tin a case to which paragraph (b) does not apply—until 12 months after the date of service of the instrument under subsection (2); or\n\t(b)\tin a case where the lessee makes an application for a licence in respect of one or more of the blocks comprised in the lease within the period of 12 months after the date referred to in paragraph (a)—until the Minister grants, or refuses to grant, the licence or until the application lapses, whichever first happens.\n37H—Conditions of lease\n\t(1)\tA lease may be granted subject to such conditions as the Minister thinks fit and are specified in the lease.\n\t(2)\tThe conditions referred to in subsection (1) may include conditions with respect to work to be carried out by the lessee in or in relation to the lease area during the term of the lease, or amounts to be expended by the lessee in the carrying out of such work, or conditions with respect to both of those matters, including conditions requiring the lessee to comply with directions given in accordance with the lease concerning those matters.\n\t(3)\tA lease shall be deemed to contain—\n\t(a)\ta condition that the lessee will comply with the provisions of this Act; and\n\t(b)\ta condition that the lessee will, within the period of 3 months after the receipt of a written notice from the Minister requesting the lessee to do so or within such further period as the Minister, on application in writing served on the Minister before the end of the firstmentioned period, allows, re-evaluate the commercial viability of petroleum production in the lease area (otherwise than by the drilling of wells) and inform the Minister in writing of the results of the re-evaluation\n\t(4)\tWhere a lessee has complied with a notice of the kind referred to in paragraph (3)(b) during the term of the lease, the Minister shall not give to the lessee during that term a further notice of that kind\n37J—Discovery of petroleum to be notified\n\t(1)\tWhere petroleum is discovered in a lease area, the lessee—\n\t(a)\tshall forthwith inform the Minister of the discovery; and\n\t(b)\tshall, within a period of 3 days after the date of the discovery, furnish to the Minister particulars in writing of the discovery.\n\t(2)\tWhere petroleum is discovered in a lease area, the Minister may, from time to time, by instrument in writing served on the lessee, direct the lessee to furnish to the Minister, within the period specified in the instrument, particulars in writing of any one or more of the following:\n\t(a)\tthe chemical composition and physical properties of the petroleum;\n\t(b)\tthe nature of the subsoil in which the petroleum occurs;\n\t(c)\tany other matters relating to the discovery that are specified by the Minister in the instrument.\n37K—Directions by Minister on discovery of petroleum\n\t(1)\tWhere petroleum is discovered in a lease area, the Minister may, by instrument in writing served on the lessee, direct the lessee to do, within the period specified in the instrument, such things as the Minister thinks necessary and specifies in the instrument to determine the chemical composition and physical properties of that petroleum and to determine the quantity of petroleum in the petroleum pool to which the discovery relates or, if part only of that petroleum pool is within the lease area, in such part of that petroleum pool as is within the lease area.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Production licences for petroleum","content":"Division 3—Production licences for petroleum\n38—Recovery of petroleum in adjacent area\nA person shall not carry on operations for the recovery of petroleum in the adjacent area except—\n\t(a)\tunder and in accordance with a licence; or\n\t(b)\tas otherwise permitted by this Part.\nMaximum penalty: $50 000 or imprisonment for five years, or both.\n39—Application by permittee for licence\n\t(1)\tA permittee whose permit is in force in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Minister for the grant of a licence—\n\t(a)\twhere nine or more blocks constitute the location concerned—in respect of five of those blocks; or\n\t(b)\twhere eight or seven blocks constitute the location concerned—in respect of four of those blocks; or\n\t(c)\twhere six or five blocks constitute the location concerned—in respect of three of those blocks; or\n\t(d)\twhere four or three blocks constitute the location concerned—in respect of two of those blocks; or\n\t(e)\twhere two blocks constitute the location concerned—in respect of one of those blocks; or\n\t(f)\twhere one block constitutes the location concerned—in respect of that block.\n\t(2)\tA permittee whose permit is in force in respect of blocks that constitute a location—\n\t(a)\tinstead of making an application under subsection (1) in respect of his primary entitlement, may, within the application period, make an application to the Minister for the grant of a licence in respect of a number of those blocks that is less than his primary entitlement; and\n\t(b)\tbeing the holder of a licence referred to in paragraph (a), may, from time to time within that period, make an application to the Minister for the variation of that licence to include in the licence area a number of those blocks that does not exceed the number, if any, by which his primary entitlement exceeds the number of blocks in respect of which that licence was granted and the number of blocks, if any, included in that licence by reason of any previous variations of that licence.\n\t(a)\ta permittee makes an application under subsection (1) in respect of his primary entitlement; or\n\t(b)\ta permittee who is the holder of a licence in respect of a number of blocks that is less than his primary entitlement makes an application under subsection (2) for a variation of that licence, and the number of blocks in respect of which that licence was granted, together with the number of blocks included, and sought to be included, in the licence area by reason of applications under that subsection, is his primary entitlement,\nthe permittee may, within the application period, make an application to the Minister for the grant of a licence in respect of any of the other blocks forming part of the location concerned.\n\t(4)\tSubject to subsection (5), the application period in respect of an application under this section by a permittee is—\n\t(a)\tthe period of two years after the date on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or\n\t(b)\tsuch other period, not less than two years or more than four years after that date, as the Minister, on application by the permittee, in writing, served on the Minister before the expiration of the period of two years referred to in paragraph (a), allows.\n\t(a)\ta permittee applies for the grant by the Minister of a licence in respect of a block or blocks in respect of which the permittee has applied for a lease under section 37A; and\n\t(b)\tan instrument refusing to grant the lease is served on the permittee pursuant to section 37B(2),\nthe application period is whichever of the following periods last expires:\n\t(c)\tthe period that is applicable under subsection (4);\n\t(d)\tthe period of 12 months after the day of service of the instrument.\n39A—Application for licence by lessee\n\t(1)\tA lessee whose lease is in force may make an application to the Minister for the grant of a licence—\n\t(a)\twhere the lease is in respect of 9 or more blocks—in respect of 5 of those blocks; or\n\t(b)\twhere the lease is in respect of 8 or 7 blocks—in respect of 4 of those blocks; or\n\t(c)\twhere the lease is in respect of 6 or 5 blocks—in respect of 3 of those blocks; or\n\t(d)\twhere the lease is in respect of 4 or 3 blocks—in respect of 2 of those blocks; or\n\t(e)\twhere the lease is in respect of 2 blocks—in respect of one of those blocks; or\n\t(f)\twhere the lease is in respect of one block—in respect of that block.\n\t(2)\tAt any time while a lease is in force, the lessee may, instead of making an application under subsection (1) in respect of the lessee's primary entitlement, make an application to the Minister for the grant of a licence in respect of a number of blocks that is less than the lessee's primary entitlement.\n\t(3)\tWhere an application has been made under subsection (1) in respect of the lessee's primary entitlement, the lessee may, at any time while the lease concerned is in force, make an application to the Minister for the grant of a licence in respect of any of the other blocks forming part of the lease.\n40—Application for licence\n\t(1)\tAn application under section 39 or 39A—\n\t(c)\tshall be accompanied by particulars of the proposals of the applicant for work and expenditure in respect of the area comprised in the blocks specified in the application; and\n\t(d)\tmay set out any other matters that the applicant wishes the Minister to consider; and\n\t(e)\tshall in the case of an application for the grant of a licence be accompanied by the prescribed fee.\n\t(2)\tThe Minister may, at any time, by instrument in writing served on the applicant, require him to furnish, within the period specified in the instrument, further information in writing in connection with his application.\n41—Determination of rate of royalty\n\t(1)\tWhere an application for a primary licence has been made and, before or after the grant of the primary licence, the applicant makes an application for a secondary licence, the Minister shall determine a rate at which royalty is to be payable in respect of petroleum recovered, whether under the primary licence or under the secondary licence, being a rate that is not less than 11 per centum or more than 12½ per centum of the value at the well-head of that petroleum.\n\t(2)\tThe Minister shall not, under subsection (1), determine the rate at which royalty is to be payable unless he has given to the applicant an opportunity to confer with him concerning that rate.\n42—Notification as to grant of licence\n\t(1)\tWhere an application for the grant of a licence has been made under section 39 or 39A and the applicant has furnished any further information as and when required by the Minister under section 40(2), the Minister, by instrument in writing served on the applicant, must inform the applicant that the Minister is prepared to grant to the applicant a licence in respect of the blocks specified in the application.\n\t(2)\tAn instrument under subsection (1) shall—\n\t(a)\tcontain a summary of the conditions subject to which the licence is to be granted; and\n\t(b)\tif the instrument relates to an application for a secondary licence—specify the rate of royalty determined by the Minister in pursuance of section 41(1); and\n\t(c)\tcontain a statement to the effect that the application will lapse if the applicant does not make a request under section 43(1) in respect of the grant of the licence.\n43—Grant of licence\n\t(1)\tAn applicant on whom there has been served an instrument under section 42(1) may, within a period of three months after the date of service of the instrument on him, or within such further period, not exceeding three months, as the Minister, on application in writing served on him before the expiration of the firstmentioned period of three months, allows, by instrument in writing served on the Minister, request the Minister to grant to the applicant the licence referred to in the firstmentioned instrument.\n\t(2)\tWhere an applicant on whom there has been served an instrument under section 42(1) has made a request under subsection (1) within the period applicable under subsection (1), the Minister must grant to the applicant a production licence for petroleum in respect of the blocks specified in the application.\n\t(3)\tA secondary licence shall not be granted to a permittee or lessee in respect of any one or more of the blocks that constitute a location unless—\n\t(a)\ta primary licence has been granted in respect of a block or blocks forming part of that location; and\n\t(b)\tthe number of blocks in respect of which the primary licence was granted, together with the number of blocks included in that licence by reason of variations of the licence under section 44, is the permittee's or lessee's primary entitlement.\n\t(4)\tWhere an applicant on whom there has been served an instrument under section 42(1) has not made a request under subsection (1) within the period applicable under subsection (1), the application lapses upon the expiration of that period.\n\t(5)\tOn the day on which a licence granted under this section comes into force, the permit or lease in respect of the blocks in respect of which the licence was granted ceases to be in force in respect of those blocks.\n43A—Application of sections 40 to 43 where permit etc transferred\n\t(a)\tafter an application has been made—\n\t(i)\tunder section 39 for the grant of a licence in respect of a block in respect of which a permit is in force; or\n\t(ii)\tunder section 39A for the grant of a licence in respect of a block in respect of which a lease is in force; and\n\t(b)\tbefore a decision has been made by the Minister under section 42(1) in relation to the application,\na transfer of the permit or lease (as the case may be) is registered under section 77, then, after the time of the transfer, sections 40 to 43 (inclusive) have effect in relation to the application as if a reference in those sections to the applicant were a reference to the transferee.\n44—Variation of licence area\n\t(1)\tWhere an application is made under section 39(2) for a variation of a licence, the Minister shall, by instrument in writing served on the licensee, vary the licence to include in the licence area the blocks specified in the application.\n\t(2)\tOn and from the day on and from which a variation of a licence under this section has effect—\n\t(a)\tthe blocks included in the licence area by reason of the variation are, subject to this Part, for the remainder of the term of the licence, blocks in respect of which the licence is in force; and\n\t(b)\tthe permit that is in force in respect of the blocks so included ceases to be in force in respect of those blocks.\n45—Determination of permit or lease as to block not taken up\n\t(1)\tSubject to subsection (2), where—\n\t(a)\ta permittee who may make an application under section 39 in respect of a block does not, within the application period, make the application; or\n\t(b)\tall applications made by a permittee under that section in respect of a block have lapsed,\nthe permit is determined as to that block and the determination has effect—\n\t(c)\tin a case referred to in paragraph (a)—upon the expiration of the application period; and\n\t(d)\tin a case referred to in paragraph (b)—\n\t(i)\tupon the expiration of the application period; or\n\t(ii)\tupon the lapsing of the last of the applications referred to in that paragraph,\nwhichever is the later.\n\t(1a)\tSubject to subsection (2), where all applications made by a lessee under section 39A in respect of a block have lapsed, the lease is determined as to that block and the determination has effect upon the lapsing of the last of those applications.\n\t(2)\tWhere a permittee or lessee makes an application for a secondary licence—\n\t(a)\tthe permit or lease is determined as to any blocks forming part of the location concerned that are not the subject of that application or of any application for a primary licence or for the variation of such a licence; and\n\t(b)\tthe determination has effect upon the making of the application.\n\t(3)\tSubject to subsection (4), where a block or blocks constituting or forming part of a location is or are no longer the subject of a permit or lease, the Minister shall, by instrument published in the Gazette—\n\t(a)\tin a case where that block or those blocks constitutes or constitute that location—revoke the declaration made under section 36 in respect of that location; or\n\t(b)\tin a case where that block or those blocks form part of that location—revoke the declaration made under section 36 in respect of that location to the extent that it relates to that block or those blocks.\n\t(4)\tSubsection (3) does not apply in relation to a block—\n\t(a)\tin respect of which an application for the grant of a lease or licence has been made, being an application that has not lapsed and in relation to which a decision has not been made by the Minister; or\n\t(b)\tin respect of which a lease or licence is in force.\n\t(5)\tWhere a lease is granted in respect of a block or blocks forming part of a location, the Minister shall, by instrument published in the Gazette, revoke the declaration made under section 36 to the extent that it relates to the block or blocks that is or are not within the lease area.\n\t(a)\tthe Minister refuses to grant a lease in respect of a block or blocks constituting or forming part of a location; and\n\t(b)\tthe reason, or one of the reasons, for the refusal is that the Minister is not satisfied as to the matter referred to in section 37B(1)(c)(ii),\nthe Minister shall, by instrument published in the Gazette, revoke the declaration made under section 36 in respect of that location.\n46—Application for licence in respect of surrendered etc blocks\n\t(a)\ta licence is surrendered or cancelled as to a block; or\n\t(b)\ta permit or lease is surrendered, cancelled or determined as to a block—\n\t(i)\tthat, at the time of the surrender, cancellation or determination, was, or was included in, a location; and\n\t(ii)\tin which, in the opinion of the Minister, there is petroleum,\nthe Minister may, at any subsequent time, by instrument published in the Gazette—\n\t(c)\tinvite applications for the grant of a licence in respect of that block; and\n\t(d)\tspecify a period within which applications may be made.\n\t(2)\tThe Minister shall, in an instrument under subsection (1), state—\n\t(a)\tthat an applicant is required to specify an amount that he would be prepared to pay in respect of the grant of a licence to him on his application; or\n\t(b)\tthat an applicant is required to specify a rate of royalty that he would be prepared to pay, if a licence were granted to him on his application, in respect of petroleum recovered under the licence, being a rate that exceeds 10 per centum of the value at the well-head of that petroleum.\n\t(3)\tWhere the Minister, in an instrument under subsection (1), states that an applicant is required to specify a rate of royalty as mentioned in paragraph (b) of subsection (2), the Minister may, in that instrument, state that an applicant on whose application he is prepared to grant a licence will also be required to pay to him, in respect of the grant of the licence to the applicant, the amount specified in that behalf in that instrument.\n\t(6)\tAn application under this section—\n\t(c)\tshall be accompanied by the particulars referred to in section 40(1)(c); and\n\t(d)\tshall specify, in accordance with the requirement in the instrument by which applications were invited, the amount or the rate of royalty that the applicant would be prepared to pay; and\n\t(f)\tmay set out any other matters that the applicant wishes the Minister to consider.\n\t(7)\tThe Minister may, at any time, by instrument in writing served on the applicant, require him to furnish, within the period specified in the instrument, further information in connection with his application.\n47—Application fee etc\n\t(1)\tAn application under section 46 shall be accompanied by—\n\t(a)\tthe prescribed fee; and\n\t(b)\ta deposit—\n\t(i)\tif the applicant has specified an amount that he would be prepared to pay in respect of the grant of a licence to him on the application—of 10 per centum of that amount; or\n\t(ii)\tif the Minister has, in the instrument by which applications were invited, stated an amount that the applicant will be required to pay in respect of the grant of a licence—of 10 per centum of that amount.\n\t(2)\tWhere a licence is not granted on the application, the amount of the deposit must, subject to subsection (3), be refunded to the applicant.\n\t(3)\tWhere an applicant on whom there has been served an instrument under section 48(1) does not request the Minister, under section 48(6), to grant to him the licence referred to in the instrument, the deposit shall not, unless the Minister otherwise determines, be refunded to the applicant.\n48—Request by applicant for grant of licence\n\t(1)\tWhere, at the expiration of the period specified in an instrument under section 46(1), only one application has been made under that subsection in respect of the block specified in the instrument, the Minister may reject the application or may, by instrument in writing served on the applicant, inform him that he is prepared to grant him a licence in respect of that block.\n\t(2)\tWhere, at the expiration of the period specified in an instrument under section 46(1), two or more applications have been made under that subsection in respect of the block specified in the instrument, the Minister may reject any or all of the applications and, if he does not reject all of the applications, may—\n\t(a)\tif only one application remains unrejected—by instrument in writing served on the applicant; or\n\t(b)\tif two or more applications remain unrejected—by instrument in writing served on the applicant, or on one of the applicants, whose application has not been rejected and who has specified in his application an amount, or a rate of royalty, that he would be prepared to pay that is not less than the amount, or the rate of royalty, specified in the application of any other applicant whose application has not been rejected,\ninform the applicant—\n\t(c)\tthat the Minister is prepared to grant to the applicant a licence in respect of that block; and\n\t(d)\tthat the applicant will be required to pay—\n\t(i)\tthe amount specified in the application; or\n\t(ii)\troyalty at the rate specified in the application; or\n\t(iii)\troyalty at the rate specified in the application and the amount specified in the instrument under section 46(1),\nas the case may be.\n\t(5)\tAn instrument under any of the preceding provisions of this section shall contain—\n\t(a)\ta summary of the conditions subject to which the licence is to be granted; and\n\t(b)\ta statement of the balance of the amount, if any, that the applicant will be required to pay in respect of the grant of the licence to him; and\n\t(c)\ta statement to the effect that the application will lapse—\n\t(i)\tif the applicant does not make a request under subsection (6); or\n\t(ii)\tin a case where the instrument contains a statement referred to in paragraph (b)—if the applicant does not pay the balance of the amount referred to in that statement or enter into an agreement under section 108 in respect of that balance.\n\t(6)\tAn applicant on whom there has been served an instrument under any of the preceding provisions of this section may, within a period of three months after the date of service of the instrument on him, or within such further period, not exceeding three months, as the Minister, on application in writing served on him before the expiration of the firstmentioned period of three months, allows—\n\t(a)\tby instrument in writing served on the Minister, request the Minister to grant to him the licence; and\n\t(b)\tif the firstmentioned instrument contains a statement of the balance of an amount that the applicant will be required to pay in respect of the grant of the licence to him—pay that balance or enter into an agreement under section 108 in respect of that balance.\n\t(7)\tWhere an applicant on whom there has been served an instrument under subsection (1) or (2)—\n\t(a)\thas not made a request under subsection (6); or\n\t(b)\tif the instrument contains a statement of the balance of an amount that the applicant will be required to pay in respect of the grant of a licence to him—has not paid that balance or entered into an agreement under section 108 in respect of that balance,\nwithin the period applicable under subsection (6), the application lapses upon the expiration of that period.\n\t(8)\tWhere the application of an applicant on whom there has been served an instrument under subsection (2) lapses as provided by subsection (7), subsection (2) applies in respect of the application or applications, if any, then remaining unrejected.\n49—Grant of licence on request\nWhere an applicant on whom there has been served an instrument under section 48—\n\t(a)\thas made a request under section 48(6); and\n\t(b)\tif the instrument contains a statement of the balance of an amount that the applicant will be required to pay in respect of the grant of a licence to him—has paid that balance or entered into an agreement under section 108 in respect of that balance,\nwithin the period applicable under section 48(6), the Minister shall grant to him a production licence for petroleum in respect of the block specified in the instrument.\n50—Grant of licences in respect of individual blocks\n\t(1)\tWhere a licence (in this section called the original licence) is in force in respect of two or more blocks (not being blocks that form, or form part of, a location), the licensee may make an application to the Minister for the grant to him of two or more licences in respect of the blocks the subject of the original licence in exchange for the original licence.\n\t(2)\tAn application under subsection (1)—\n\t(c)\tshall specify the number of licences required; and\n\t(d)\tshall specify the block or blocks the subject of the original licence in respect of which each licence is sought; and\n\t(4)\tWhere a licensee has made an application under this section, the Minister must grant to the licensee production licences for petroleum in accordance with the application.\n\t(5)\tA licence granted on an application under this section—\n\t(a)\tremains in force, subject to this Part, but notwithstanding section 52, for the remainder of the term of the original licence; and\n\t(b)\tshall be granted subject to conditions corresponding as nearly as may be to the conditions to which the original licence was subject.\n\t(6)\tWhere licences are granted on an application under this section—\n\t(a)\tthe original licence is, by force of this subsection, determined; and\n\t(b)\tthe determination has effect on and from the day on which those licences come into force.\n51—Rights conferred by licence\nA licence, while it remains in force, authorises the licensee, subject to this Act and in accordance with the conditions to which the licence is subject—\n\t(a)\tto recover petroleum in the licence area and to recover petroleum from the licence area in another area to which he has lawful access for that purpose; and\n\t(b)\tto explore for petroleum in the licence area; and\n\t(c)\tto carry on such operations and execute such works in the licence area as are necessary for those purposes.\n52—Term of licence\nSubject to this Part, a licence remains in force—\n\t(a)\tin the case of a licence granted otherwise than by way of renewal of a licence—for the period of 21 years commencing on the day on which the licence is granted or, if a later day is specified in the licence as being the day on which the licence is to come into force, on that later day; and\n\t(b)\tin the case of a licence granted by way of the first renewal of a licence—for the period of 21 years commencing on the day on which the licence is granted or, if a later day is specified in the licence as being the day on which the licence is to come into force, on that later day; and\n\t(c)\tin the case of a licence granted by way of the renewal, other than the first renewal, of a licence—for such period, commencing on the day on which the licence is granted (or, if a later day is specified in the licence as being the day on which the licence is to come into force, on that later day), as the Minister determines and specifies in the licence, being a period not exceeding 21 years.\n53—Application for renewal of licence\n\t(1)\tA licensee may, from time to time, make an application to the Minister for the renewal of the licence.\n\t(2)\tAn application for the renewal of the licence—\n\t(b)\tsubject to subsection (3), shall be made in an approved manner not less than six months before the day on which the licence ceases to be in force; and\n\t(c)\tshall be accompanied by particulars of the proposals of the licensee for work and expenditure in respect of the licence area; and\n\t(d)\tshall be accompanied by the prescribed fee.\n\t(3)\tThe Minister may, for reasons that he thinks sufficient, receive an application for the renewal of the licence less than six months before, but not in any case after, the day on which the licence ceases to be in force.\n54—Grant or refusal of renewal of licence\n\t(a)\tan application for the renewal of a licence has been made under section 53; and\n\t(b)\tthe conditions to which the licence is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with,\nthe Minister—\n\t(c)\tmust, if the application is in respect of the first renewal of the licence; or\n\t(d)\tmay, if the application is in respect of a renewal other than the first renewal of the licence,\nby instrument in writing served on the person who is then the licensee, inform the person that the Minister is prepared to grant to the person the renewal of the licence.\n\t(a)\tan application for the renewal of a licence has been made under section 53; and\n\t(b)\tany of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with, but the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the licence,\nthe Minister may, by instrument in writing served on the person who is then the licensee, inform the person that the Minister is prepared to grant to the person the renewal of the licence.\n\t(3)\tIf any of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with, and if the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the licence, the Minister must, subject to subsection (4), by instrument in writing served on the person who is then the licensee, refuse to grant the renewal of the licence.\n\t(4)\tThe Minister shall not, under subsection (3), refuse to grant the renewal of a licence unless—\n\t(a)\the has, by instrument in writing served on the licensee, given not less one month's notice of his intention to refuse to grant the renewal of the licence; and\n\t(ii)\tspecified a date on or before which the licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes the Minister to consider; and\n\t(d)\the has taken into account any matters so submitted to him on or before the specified date by the licensee or by a person on whom a copy of the firstmentioned instrument has been served.\n\t(5)\tWhere an application has been made under section 53 in respect of a renewal other than the first renewal of the licence, the Minister may, by instrument in writing served on the person who is then the licensee, refuse to grant the renewal of the licence.\n\t(7)\tAn instrument under subsection (1) or (2) shall contain—\n\t(a)\ta summary of the conditions to which the licence, on the grant of the renewal, is to be subject; and\n\t(b)\ta statement to the effect that the application will lapse if the applicant does not make a request under subsection (8).\n\t(8)\tA licensee on whom there has been served an instrument under subsection (1) or (2) may, within a period of one month after the date of service of the instrument on the licensee, by instrument in writing served on the Minister, request the Minister to grant to the licensee the renewal of the licence.\n\t(9)\tWhere a licensee on whom there has been served an instrument under subsection (1) or (2) has made a request under subsection (8) within the period referred to in subsection (8), the Minister must grant to the licensee the renewal of the licence.\n\t(10)\tWhere a licensee on whom there has been served an instrument under subsection (1) or (2) has not made a request under subsection (8) within the period referred to in subsection (8), the application lapses upon the expiration of that period.\n\t(11)\tWhere—\n\t(a)\tan application for the renewal of a licence is made under section 53; and\n\t(b)\tthe licence expires—\n\t(i)\tbefore the Minister grants, or refuses to grant, the renewal of the licence; or\n\t(ii)\tbefore the application lapses as provided by subsection (10),\nthe licence shall be deemed to continue in force in all respects—\n\t(c)\tuntil the Minister grants, or refuses to grant, the renewal of the licence; or\n55—Conditions of licence\nA licence may be granted subject to such conditions as the Minister thinks fit and specifies in the licence.\n57—Directions as to recovery of petroleum\n\t(1)\tWhere petroleum is not being recovered in a licence area and the Minister is satisfied that there is recoverable petroleum in that area, he may, by instrument in writing served on the licensee, direct the licensee to take all necessary and practicable steps to recover that petroleum.\n\t(2)\tWhere the Minister is not satisfied with the steps taken or being taken by a licensee to whom a direction has been given under subsection (1), the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for or in relation to the recovery of petroleum in the licence area.\n\t(3)\tWhere petroleum is being recovered in a licence area, the Minister may, for reasons that the Minister thinks sufficient, by instrument in writing served on the licensee, direct the licensee to take all necessary and practicable steps to increase or reduce the rate at which petroleum is being recovered in the licence area or from a petroleum pool in the licence area to such rate as the Minister specifies in the instrument.\n\t(4)\tWhere the Minister is not satisfied with the steps taken or being taken by a licensee to whom a direction has been given under subsection (3), the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for or in relation to the increase or reduction of the rate at which petroleum is being recovered in the licence area or from a petroleum pool in the licence area.\n\t(5)\tWithout limiting the matters that may be taken into account by the Minister in determining whether to give a direction under subsection (3) or (4), the Minister may take into account matters relating to the effects on South Australian revenue of the proposed direction, but the Minister shall not give a direction under subsection (3) or (4) if the direction would require action to be taken that is contrary to good oil-field practice.\n58—Unit development\n\t(1)\tIn this section, the expression unit development—\n\t(a)\tapplies in relation to a petroleum pool that is partly in a particular licence area of a licensee and partly in a licence area of another licensee or in an area that is not within the adjacent area but in which a person other than the firstmentioned licensee is lawfully entitled to carry on operations for the recovery of petroleum from the pool; and\n\t(b)\tmeans the carrying on of operations for the recovery of petroleum from that pool under co-operative arrangements between the persons entitled to carry on such operations in each of those areas.\n\t(2)\tA licensee may from time to time enter into an agreement in writing for or in relation to the unit development of a petroleum pool, but nothing in this subsection derogates from the operation of section 80(2).\n\t(3)\tThe Minister of his own motion or on application made to him in writing by—\n\t(a)\ta licensee in whose licence area there is part of a particular petroleum pool; or\n\t(b)\ta person who is lawfully entitled to carry on operations for the recovery of petroleum in an area outside the adjacent area that includes part of a particular petroleum pool that extends into the adjacent area,\nmay, for the purpose of securing the more effective recovery of petroleum from the petroleum pool, direct any licensee whose licence area includes part of the petroleum pool, by instrument in writing served on the licensee to enter into an agreement in writing, within the period specified in the instrument, for or in relation to the unit development of the petroleum pool and to lodge an application in accordance with section 80 for approval of any dealing to which the agreement relates.\n\t(a)\ta licensee who is directed, under subsection (3), to enter into an agreement for or in relation to the unit development of a petroleum pool does not enter into such an agreement within the specified period; or\n\t(b)\tthe licensee enters into such an agreement but an application for approval of a dealing to which the agreement relates is not lodged with the Minister or, if an application is so lodged, the dealing is not approved under section 80,\nthe Minister may, by instrument in writing served on the licensee, direct the licensee to submit to him, within the period specified in the instrument, a scheme for or in relation to the unit development of the petroleum pool.\n\t(5)\tAt any time after the expiration of the period within which a scheme for or in relation to the unit development of a petroleum pool is to be submitted by a licensee under subsection (4), the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool.\n\t(6)\tWhere a person is the licensee in respect of two or more licence areas in each of which there is part of a particular petroleum pool, the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool.\n\t(7)\tWhere an agreement under this section is in force or the Minister has given directions under subsection (5) or (6), the Minister may, having regard to additional information that has become available, by instrument in writing served on the licensee or licensees concerned, give to the licensee or licensees such directions, or further directions, as the case may be, as he thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool.\n\t(8)\tThe Minister shall not give a direction under subsection (6) or (7) unless he has given to the licensee or licensees concerned an opportunity to confer with him concerning the proposed direction.\n\t(9)\tDirections under subsection (5), (6) or (7) may include directions as to the rate at which petroleum is to be recovered.\n\t(10)\tIn this section—\ndealing means a dealing to which section 80 applies.\n\t(11)\tThe Minister shall—\n\t(a)\tif a petroleum pool extends, or is reasonably believed by him to extend, from the adjacent area into lands to which the laws of another State relating to the exploitation of petroleum resources apply, consult with the appropriate authority of that State concerning the exploitation of the petroleum pool; or\n\t(b)\tif a petroleum pool extends, or is reasonably believed by him to extend, from the adjacent area into the adjacent area in respect of a State other than South Australia, consult with the Designated Authority under the Commonwealth Act in respect of that State concerning the exploitation of the petroleum pool; or\n\t(c)\tif both paragraph (a) and paragraph (b) apply, comply with both of those paragraphs.\n\t(12)\tWhere subsection (11) applies in relation to a petroleum pool, the Minister shall not approve an agreement under this section, or give a direction under this section, in relation to that petroleum pool except with the approval of—\n\t(a)\twhere paragraph (a) of that subsection applies—the appropriate authority of the State concerned; or\n\t(b)\twhere paragraph (b) of that subsection applies—the Joint Authority within the meaning of the Commonwealth Act in relation to the adjacent area concerned; or\n\t(c)\twhere paragraph (c) of that subsection applies—each authority referred to in paragraphs (a) and (b) of this subsection.\n\t(13)\tFor the purposes of subsection (11)(b), the adjacent area in respect of a State is—\n\t(a)\tif the Petroleum (Submerged Lands) Act 1967 of the Commonwealth is in force—the adjacent area in respect of a State within the meaning of that Act; or\n\t(b)\tif the Petroleum (Submerged Lands) Act 1967 of the Commonwealth has been repealed and been re‑enacted (with or without modifications)—the area that, under the re‑enacted Act of the Commonwealth, corresponds to the adjacent area in respect of a State within the meaning of the repealed Act.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Pipeline licences","content":"Division 4—Pipeline licences\n59—Construction etc of pipelines etc\n\t(1)\tA person shall not, in the adjacent area—\n\t(a)\tcommence or continue the construction, or the alteration or reconstruction, of a pipeline; or\n\t(b)\toperate a pipeline,\nexcept under and in accordance with a pipeline licence.\n\t(2)\tA person shall not, in the adjacent area—\n\t(a)\tcommence or continue the construction, or the alteration or reconstruction, of a secondary line or water line; or\n\t(b)\toperate a secondary line or water line,\nexcept with and in accordance with a consent in writing of the Minister.\n\t(3)\tA person shall not, in the adjacent area—\n\t(a)\tcommence or continue the construction, or the alteration or reconstruction, of a pumping station, tank station or valve station; or\n\t(b)\toperate a pumping station, tank station or valve station,\nexcept under and in accordance with a pipeline licence or with and in accordance with a consent in writing of the Minister.\n\t(4)\tA person shall not, in the adjacent area, commence to operate a pipeline, a secondary line or a water line unless—\n\t(a)\tin the case of a pipeline, it has been constructed and tested in accordance with the pipeline licence; and\n\t(b)\tin the case of a secondary line or water line it has been constructed and tested in accordance with a consent in writing of the Minister; and\n\t(c)\tthe Minister has certified in writing that he is satisfied that the pipeline, secondary line or water line, as the case may be, has been so constructed and tested and is fit to be operated.\n\t(5)\tA person shall not, in the adjacent area, recommence to operate a pipeline, a secondary line or a water line, the previous operation of which was discontinued, except with and in accordance with a consent in writing of the Minister.\n\t(6)\tThe Minister may, for reasons that he thinks sufficient, refuse to give a consent or certificate for the purposes of this section and, where he gives a consent, may attach conditions to it.\n\t(7)\tA person who fails to comply with a provision of this section or with a condition referred to in subsection (6) is guilty of an offence.\n60—Acts done in an emergency etc\nIt is not an offence against section 59—\n\t(a)\tif, in an emergency in which there is a likelihood of loss or injury, or for the purpose of maintaining a pipeline, water line, pumping station, tank station, valve station or secondary line in good order or repair, a person does an act to avoid the loss or injury or to maintain the pipeline, water line, pumping station, tank station, valve station or secondary line in good order and repair and—\n\t(i)\tas soon as practicable notifies the Minister of the act done; and\n\t(ii)\tcomplies with any directions given to him by the Minister; or\n\t(b)\tif a person does an act in compliance with a direction under this Act.\n61—Removal of pipeline etc constructed in contravention of Act\n\t(a)\tthe construction of a pipeline, water line, pumping station, tank station, valve station or secondary line is commenced, continued or completed in contravention of this Act; or\n\t(b)\ta pipeline, water line, pumping station, tank station, valve station or secondary line is altered or reconstructed in contravention of this Act,\nthe Minister may, by instrument in writing served on the appropriate person, direct him—\n\t(c)\tto make such alterations to the pipeline, water line, pumping station, tank station, valve station or secondary line as are specified in the instrument; or\n\t(d)\tto move the pipeline, water line, pumping station, tank station, valve station or secondary line to a specified place in, or to remove it from, the adjacent area,\nwithin the period specified in the instrument.\n\t(2)\tFor the purpose of subsection (1), the appropriate person is—\n\t(a)\tif the construction of the pipeline, water line, pumping station, tank station, valve station or secondary line has been completed—the owner of the pipeline, water line, pumping station, tank station, valve station of secondary line; or\n\t(b)\tif the construction of the pipeline, water line, pumping station, tank station, valve station or secondary line has not been completed—the person for whom the pipeline, water line, pumping station, tank station, valve station or secondary line is being constructed.\n\t(3)\tWhere a person on whom there has been served an instrument under subsection (1) does not, within the period specified in the instrument or within such further period, if any, as the Minister, on application in writing served on him before the expiration of the firstmentioned period, allows, comply with the direction, the Minister may do all or any of the things required by the direction to be done.\n\t(4)\tCosts and expenses incurred by the Minister under subsection (3) are a debt due by the person referred to in that subsection to the State and are recoverable in a court of competent jurisdiction.\n62—Terminal station\nThe Minister may, by instrument published in the Gazette, declare a pumping station, a tank station or a valve station in the adjacent area to be a terminal station.\n63—Application for pipeline licence\n\t(1)\tAn application for a pipeline licence—\n\t(i)\tthe proposed design and construction of the pipeline; and\n\t(ii)\tthe proposed size and capacity of the pipeline; and\n\t(iii)\tthe proposals of the applicant for work and expenditure in respect of the construction of the pipeline; and\n\t(iv)\tthe technical qualifications of the applicant and of his employees; and\n\t(v)\tthe technical advice available to the applicant; and\n\t(vi)\tthe financial resources available to the applicant; and\n\t(vii)\tany agreements entered into, or proposed to be entered into, by the applicant for or in relation to the supply or conveyance of petroleum by means of the pipeline; and\n\t(d)\tshall be accompanied by a plan, drawn to an approved scale, showing—\n\t(i)\tthe route to be followed by the pipeline; and\n\t(ii)\tthe sites of pumping stations, tank stations, and valve stations to be used in connection with the pipeline; and\n\t(iii)\tthe site of any pumping station, tank station or valve station that the applicant desires to be declared under section 62 to be a terminal station in connection with the pipeline; and\n\t(e)\tmay set out any other matters that the applicant wishes the Minister to consider; and\n\t(f)\tshall be accompanied by the prescribed fee.\n\t(2)\tWhere a notice is published in the Gazette—\n\t(a)\tof an application by a person other than the licensee for a pipeline licence in respect of the construction of a pipeline for the conveyance of petroleum recovered in a licence area; or\n\t(b)\tof an application by a person other than the pipeline operator under the Commonwealth Act or a corresponding law for a pipeline licence in respect of the construction of a pipeline for the conveyance of petroleum recovered in a licence area of a production licence under the Commonwealth Act or a corresponding law,\nthe licensee or, as the case may be, the pipeline operator under the Commonwealth Act or a corresponding law may, within a period of three months after the date of publication of the notice, or within such further period, not exceeding three months, as the Minister, on application in writing served on him before the expiration of the firstmentioned period of three months, allows, make an application for a pipeline licence referred to in paragraph (a) or (b), as the case requires, and in the application request that the application referred to in the notice be rejected.\n\t(a)\ta notice referred to in subsection (2) is published in the Gazette; and\n\t(b)\ta pipeline licence is granted to the licensee or to the pipeline operator under the Commonwealth Act or a corresponding law on an application under subsection (2),\nthe Minister shall, by instrument in writing served on the applicant, reject the application referred to in the notice.\n\t(4)\tThe Minister may, at any time, by instrument in writing served on a person who has made an application under this section, require him to furnish, within the time specified in the instrument, further information in writing in connection with his application.\npipeline operator under the Commonwealth Act or a corresponding law has the same meaning as in section 64.\n64—Grant or refusal of pipeline licence\n\t(1)\tWhere an application for a pipeline licence in respect of the construction in the adjacent area of a pipeline, other than an application referred to in subsections (1a), (2) or (3), is made in accordance with section 63, and the application has not been rejected under section 63(3), the Minister may, by instrument in writing served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a pipeline licence.\n\t(1a)\tWhere an application for a pipeline licence in respect of the construction in the adjacent area of a pipeline is made in accordance with section 63 by a pipeline operator under the Commonwealth Act or a corresponding law, the Minister must, by instrument in writing served on the applicant, inform the pipeline operator that the Minister is prepared to grant to the pipeline operator a pipeline licence.\n\t(2)\tWhere an application for a pipeline licence is made in accordance with section 63 in respect of the construction in the adjacent area of a pipeline for the conveyance of petroleum recovered in a licence area in respect of which the applicant is the licensee, the Minister—\n\t(a)\tmust, if the conditions to which the licence is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with; or\n\t(i)\tany of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with; and\n\t(ii)\tthe Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of a pipeline licence,\nby instrument in writing served on the person who is then the licensee, inform the person that the Minister is prepared to grant to the person a pipeline licence.\n\t(3)\tSubject to subsection (4), where an application for a pipeline licence is made in accordance with section 63 in respect of the construction in the adjacent area of a pipeline for the conveyance of petroleum recovered in a licence area in respect of which the applicant is the licensee, the Minister must, if—\n\t(a)\tany of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with; and\n\t(b)\tthe Minister is not satisfied that special circumstances exist that justify the granting of a pipeline licence,\nby instrument in writing served on the person who is then the licensee, refuse to grant a pipeline licence.\n\t(4)\tThe Minister shall not, under subsection (3), refuse to grant a pipeline licence to a licensee unless—\n\t(a)\the has, by instrument in writing served on the licensee, given not less than one month's notice of his intention to refuse to grant the pipeline licence; and\n\t(ii)\tspecified a date on or before which the licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes the Minister to consider; and\n\t(d)\the has taken into account any matters so submitted to him on or before the specified date by the licensee or by a person on whom a copy of the firstmentioned instrument has been served.\n\t(5)\tWhere a person other than the licensee or the pipeline operator under the Commonwealth Act or a corresponding law makes an application in accordance with section 63 for a pipeline licence in respect of the construction of a pipeline for the conveyance of petroleum recovered in a licence area or, as the case may be, a licence area of a production licence under the Commonwealth Act or a corresponding law, the Minister may, by instrument in writing served on the applicant, refuse to grant a pipeline licence.\n\t(7)\tAn instrument under subsection (1), (1a) or (2)—\n\t(a)\tshall specify the route to be followed by the pipeline; and\n\t(b)\tshall contain a summary of the conditions subject to which the pipeline licence is to be granted; and\n\t(c)\tshall contain a statement to the effect that the application will lapse if the applicant does not make a request under subsection (9).\n\t(8)\tThe route to be specified in an instrument under subsection (1), (1a) or (2) shall be—\n\t(a)\tthe route shown in the plan accompanying the application; or\n\t(b)\tif the Minister is of the opinion that, for any reason, that route is not appropriate—a route that, in the opinion of the Minister, is appropriate.\n\t(9)\tA person on whom there has been served an instrument under subsection (1), (1a) or (2) may, within a period of three months after the date of service of the instrument on him, or within such further period, not exceeding three months, as the Minister, on application in writing served on him before the expiration of the firstmentioned period of three months, allows, by instrument in writing served on the Minister, request the Minister to grant to the person the pipeline licence.\n\t(10)\tWhere a person on whom there has been served an instrument under subsection (1), (1a) or (2) has made a request under subsection (9) within the period applicable under subsection (9), the Minister must grant to that person a licence to construct and operate a pipeline in respect of the pipeline specified in the instrument.\n\t(11)\tWhere a person on whom there has been served an instrument under subsection (1), (1a) or (2) has not made a request under subsection (9) within the period applicable under subsection (9), the application lapses upon the expiration of that period.\n\t(13)\tIn this section—\npipeline operator under the Commonwealth Act or a corresponding law means a person who is entitled under the Commonwealth Act or a corresponding law to carry on operations for the recovery of petroleum in an area outside the adjacent area and who the Minister is satisfied is or will be entitled to construct a pipeline from the firstmentioned area to the boundary of the adjacent area.\n65—Rights conferred by pipeline licence\nA pipeline licence, while it remains in force, authorises the pipeline licensee, subject to this Act and in accordance with the conditions to which the pipeline licence is subject—\n\t(a)\tto construct in the adjacent area—\n\t(i)\ta pipeline of the design, construction, size and capacity specified in the pipeline licence along the route, and in the position in relation to the sea-bed in the adjacent area, so specified; and\n\t(ii)\tthe pumping stations, tank stations, and valve stations so specified in the positions so specified; and\n\t(b)\tto operate that pipeline and those pumping stations, tank stations and valve stations; and\n\t(c)\tto carry on such operations, to execute such works and to do all such other things in the adjacent area as are necessary for or incidental to the construction and operation of that pipeline and of those pumping stations, tank stations and valve stations.\n66—Term of pipeline licence\n\t(1)\tSubject to this Part, a pipeline licence remains in force—\n\t(a)\tfor a period of 21 years; or\n\t(b)\twhere the Minister is of the opinion that having regard to the dates of expiration of the licences that relate to the licence areas from which petroleum is, or is to be, conveyed by means of the pipeline, it is not necessary for the pipeline licence to remain in force for a period of 21 years—for such period less than 21 years as the Minister determines and specifies in the pipeline licence.\n\t(2)\tA pipeline licence comes into force on the day on which the pipeline licence is granted or, if a later day is specified in the pipeline licence as being the day on which the pipeline licence is to come into force, on that later day.\n67—Application for renewal of pipeline licence\n\t(1)\tA pipeline licensee may, from time to time, make an application to the Minister for the renewal of the pipeline licence.\n\t(2)\tAn application for the renewal of the pipeline licence—\n\t(b)\tsubject to subsection (3), shall be made in an approved manner not less than six months before the day on which the pipeline licence ceases to be in force; and\n\t(c)\tshall be accompanied by the prescribed fee.\n\t(3)\tThe Minister may, for reasons that he thinks sufficient, receive an application for the renewal of the pipeline licence less than six months before, but not in any case after, the day on which the pipeline licence ceases to be in force.\n68—Grant or refusal of renewal of pipeline licence\n\t(1)\tWhere an application has been made under section 67 for the renewal of a pipeline licence, the Minister—\n\t(a)\tmust, if the conditions to which the pipeline licence is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with; or\n\t(i)\tany of the conditions to which the pipeline licence is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with; and\n\t(ii)\tthe Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the pipeline licence,\nby instrument in writing served on the person who is then the pipeline licensee, inform the person that the Minister is prepared to grant to the person the renewal of the pipeline licence.\n\t(2)\tSubject to subsection (3), where an application has been made under section 67 for the renewal of a pipeline licence, the Minister must, if—\n\t(a)\tany of the conditions to which the pipeline licence is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with; and\n\t(b)\tthe Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the pipeline licence,\nby instrument in writing served on the person who is then the pipeline licensee, refuse to grant the renewal of the pipeline licence.\n\t(3)\tThe Minister shall not refuse to grant the renewal of the pipeline licence unless—\n\t(a)\the has, by instrument in writing served on the pipeline licensee, given not less than one month's notice of his intention to refuse to grant the renewal of the pipeline licence; and\n\t(ii)\tspecified a date on or before which the pipeline licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes the Minister to consider; and\n\t(d)\the has taken into account any matters so submitted to him on or before the specified date by the pipeline licensee or by a person on whom a copy of the firstmentioned instrument has been served.\n\t(4)\tAn instrument under subsection (1) shall contain—\n\t(a)\ta summary of the conditions to which the pipeline licence, on the grant of the renewal, is to be subject; and\n\t(b)\ta statement to the effect that the application will lapse if the pipeline licensee does not make a request under subsection (5).\n\t(5)\tA pipeline licensee on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on the pipeline licensee, by instrument in writing served on the Minister, request the Minister to grant to the pipeline licensee the renewal of the pipeline licence.\n\t(6)\tWhere a pipeline licensee on whom there has been served an instrument under subsection (1) has made a request under subsection (5) within the period referred to in subsection (5), the Minister must grant to the pipeline licensee the renewal of the pipeline licence.\n\t(7)\tWhere a pipeline licensee on whom there has been served an instrument under subsection (1) has not made a request under subsection (5) within the period referred to in subsection (5), the application lapses upon the expiration of that period.\n\t(a)\tan application for the renewal of a pipeline licence is made under section 67; and\n\t(b)\tthe pipeline licence expires—\n\t(i)\tbefore the Minister grants, or refuses to grant, the renewal of the pipeline licence; or\n\t(ii)\tbefore the application lapses as provided by subsection (7),\nthe pipeline licence shall be deemed to continue in force in all respects—\n\t(c)\tuntil the Minister grants, or refuses to grant, the renewal of the pipeline licence; or\n69—Conditions of pipeline licence\n\t(1)\tA pipeline licence may be granted subject to such conditions as the Minister thinks fit and specifies in the pipeline licence.\n\t(2)\tThe conditions referred to in subsection (1) may include a condition that the pipeline licensee shall complete the construction of the pipeline within the period specified in the pipeline licence.\n\t(3)\tThis section extends to a pipeline licence granted by way of the renewal of a pipeline licence and, in the case of a pipeline licence so granted, the conditions may include conditions varying or adding to the conditions of the previous licence and conditions requiring reconstruction or modification of the pipeline or of associated works.\n70—Variation of pipeline licence on application by pipeline licensee\n\t(1)\tA pipeline licensee may, at any time, make an application to the Minister for the variation of the pipeline licence.\n\t(c)\tshall be accompanied by particulars of the proposed variation; and\n\t(d)\tshall specify the reasons for the proposed variation; and\n\t(3)\tThe Minister may, at any time, by instrument in writing served on a person who has made an application under this section require him to furnish, within the period specified in the instrument, further information in writing in connection with his application.\n\t(4)\tThe Minister shall, in a notice published in the Gazette of an application under this section, specify a period within which a person may submit to the Minister, in writing, any matters that he wishes the Minister to consider in connection with the application.\n\t(5)\tAfter considering any matters submitted to him under subsection (4) the Minister may, by instrument in writing, vary the pipeline licence to such extent as he thinks necessary or may refuse to vary the pipeline licence.\n71—Variation of pipeline licence by Minister\n\t(1)\tThe Minister may—\n\t(a)\tat the request of—\n\t(i)\ta Minister or a Minister of State of the Commonwealth; or\n\t(ii)\ta body established by a law of the Commonwealth or of the State; and\n\t(b)\tif, in his opinion, it is in the public interest so to do,\nby instrument in writing served on a person who is a pipeline licensee or the holder of an instrument of consent under section 59 direct that person to make such changes in the design, construction, route or position of the pipeline, or of a water line, pumping station, tank station, valve station or secondary line to which the pipeline licence or instrument of consent relates, as are specified in the firstmentioned instrument, within the period specified in the firstmentioned instrument, and, if the person so directed is a pipeline licensee, shall vary the pipeline licence accordingly.\n\t(3)\tWhere the Minister gives a direction under subsection (1), and the person to whom the direction was given has complied with the direction, that person may bring an action in the Supreme Court against the Minister or Minister of State of the Commonwealth or body making the request.\n\t(4)\tThe Supreme Court shall hear the action, without a jury, and shall determine whether it is just that the whole or a portion of the reasonable cost of complying with the direction ought to be paid to the plaintiff by the defendant.\n\t(5)\tIf the Supreme Court determines that it is just that such a payment ought to be made, the Supreme Court shall determine the amount of the payment and give judgment accordingly.\n72—Common carrier\nThe Minister may, by instrument in writing served on a pipeline licensee, direct the pipeline licensee to be a common carrier of petroleum in respect of the pipeline and thereupon the pipeline licensee is a common carrier of petroleum in respect of the pipeline.\n73—Ceasing to operate pipeline\n\t(1)\tExcept with the consent in writing of the Minister and subject to compliance with such conditions, if any, as are specified in the instrument of consent, a pipeline licensee shall not cease to operate the pipeline.\n\t(2)\tIt is not an offence against subsection (1) if the failure of the pipeline licensee to operate the pipeline—\n\t(a)\twas in the ordinary course of operating the pipeline; or\n\t(b)\twas for the purpose of repairing or maintaining the pipeline; or\n\t(c)\twas in an emergency in which there was a likelihood of loss or injury.\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Registration of instruments","content":"Division 5—Registration of instruments\n73A—Interpretation\nIn this Division—\ntitle means a permit, lease, licence, pipeline licence or access authority.\n74—Register of certain instruments to be kept\nFor the purposes of this Part, the Minister shall keep a register of titles and special prospecting authorities granted by him.\n75—Particulars to be entered in register\n\t(1)\tThe Minister shall enter in the register a memorial in respect of each title or special prospecting authority—\n\t(a)\tspecifying the name of the holder of the title or special prospecting authority; and\n\t(b)\tin the case of a permit, lease or licence, setting out an accurate description (including, where convenient, a map) of the permit area, lease area or licence area; and\n\t(c)\tin the case of a special prospecting authority or an access authority, setting out an accurate description (including, where convenient, a map) of the area in respect of which the special prospecting authority or access authority is in force; and\n\t(d)\tin the case of a pipeline licence, setting out a description of the route of the pipeline; and\n\t(e)\tspecifying the term of the title or special prospecting authority; and\n\t(f)\tsetting out such other matters and things as are required by this Part to be entered in the register; and\n\t(g)\tsetting out such further matters relating to the registered holder or to the terms and conditions of the title or special prospecting authority as the Minister deems proper and expedient in the public interest.\n\t(2)\tThe Minister shall enter in the register a memorial of—\n\t(a)\tany instrument varying, cancelling, surrendering or otherwise affecting a title or special prospecting authority; and\n\t(b)\tany instrument under section 58(5), (6) or (7); and\n\t(c)\tany agreement under section 108; and\n\t(d)\tany instrument varying or revoking an instrument referred to in paragraph (a) or (b).\n\t(3)\tIt is a sufficient compliance with the requirements of subsection (1) or (2) if the Minister enters a copy of the title, special prospecting authority or instrument in the register.\n\t(5)\tThe Minister shall endorse on the memorial or copy of the title, special prospecting authority or instrument a memorandum of the date upon which the memorial or copy was entered in the register.\n76—Memorials to be entered of permits etc determined etc\n\t(a)\ta permit or lease ceases to be in force in respect of a block in respect of which a licence is granted; or\n\t(aa)\ta permit ceases to be in force in respect of a block in respect of which a lease is granted; or\n\t(b)\ta permit or lease has been wholly determined or partly determined; or\n\t(c)\ta title or special prospecting authority has expired,\nthe Minister shall enter in the register a memorial of the fact.\n77—Approval and registration of transfers\n\t(1)\tA transfer of a title is of no force until it has been approved by the Minister and an instrument of transfer is registered as provided by this section.\n\t(2)\tWhere it is desired that a title be transferred, one of the parties to the proposed transfer may make an application in writing to the Minister for approval of the transfer.\n\t(3)\tAn application for approval of a transfer of a title shall be accompanied by—\n\t(a)\tan instrument of transfer in the prescribed form executed by the registered holder or, if there are 2 or more registered holders, by each registered holder and by the transferee or, if there are 2 or more transferees, by each transferee; and\n\t(b)\tin a case where the transferee or one or more of the transferees is not a registered holder or are not registered holders of the title, an instrument setting out—\n\t(i)\tthe technical qualifications of that transferee or those transferees; and\n\t(ii)\tdetails of the technical advice that is or will be available to that transferee or those transferees; and\n\t(iii)\tdetails of the financial resources that are or will be available to that transferee or those transferees; and\n\t(c)\ttwo copies of the application and of the instruments referred to in paragraphs (a) and (b).\n\t(4)\tThe Minister shall not approve the transfer of a title unless the application was lodged with the Minister within 3 months after the day on which the party who last executed the instrument of transfer so executed the instrument of transfer or within such longer period as the Minister, in special circumstances, allows.\n\t(5)\tWhere an application for approval of a transfer is made in accordance with this section, the Minister shall enter a memorandum in the register of the date on which the application was lodged and may make such other notation in the register as the Minister considers appropriate.\n\t(6)\tThe Minister must consider each application for approval of the transfer of a title and determine whether to approve the transfer.\n\t(7)\tWhere an application for approval of the transfer of a title is made in accordance with this section, the Minister shall, by notice in writing served on the person who made the application, inform the person of the Minister's decision.\n\t(9)\tWhere the Minister approves the transfer of a title, the Minister shall forthwith endorse on the instrument of transfer and on one copy of the instrument a memorandum of approval and shall, on payment of the prescribed fee, enter in the register a memorandum of the transfer and the name of the transferee or of each transferee.\n\t(10)\tUpon the entry in the register of a memorandum of the transfer of a title and of the name of the transferee or each transferee in accordance with subsection (9)—\n\t(a)\tthe transfer shall be deemed to be registered; and\n\t(b)\tthe transferee becomes the registered holder, or the transferees become the registered holders, of the title.\n\t(11)\tWhere the Minister refuses to approve the transfer of a title, the Minister shall make a notation of the refusal in the register.\n\t(12)\tWhere a transfer is registered—\n\t(a)\tthe copy of the instrument of transfer endorsed with the memorandum of approval shall be retained by the Minister and made available for inspection in accordance with this Division; and\n\t(b)\tthe instrument of transfer endorsed with the memorandum of approval shall be returned to the person who lodged the application for approval of the transfer.\n\t(13)\tThe mere execution of an instrument of transfer of a title creates no interest in the title.\n78—Entries in register on devolution of title etc\n\t(1)\tA person upon whom the rights of a registered holder of a particular title have devolved by operation of law may apply in writing to the Minister to have his name entered in the register as the holder of the title.\n\t(2)\tThe Minister shall, if he is satisfied that the rights of the holder have devolved upon the applicant by operation of law and on payment of the prescribed fee enter the name of the applicant in the register as the holder of the title and, upon that entry being so made, the applicant becomes the registered holder of the title.\n\t(3)\tWhere a company that is the registered holder of a particular title has changed its name, it may apply in writing to the Minister to have its new name substituted for its previous name in the register in relation to that title and, if—\n\t(a)\tthe Minister is satisfied that the company has so changed its name; and\n\t(b)\tthe company has paid the prescribed fee,\nthe Minister shall make the necessary alterations in the register.\n80—Approval of dealings creating etc interests etc in existing titles\n\t(1)\tThis section applies to a dealing that would, but for subsection (2), have one or more of the following effects:\n\t(a)\tthe creation or assignment of an interest in an existing title;\n\t(b)\tthe creation or assignment of a right (conditional or otherwise) to the assignment of an interest in an existing title;\n\t(c)\tthe determining of the manner in which persons may exercise the rights conferred by, or comply with the obligations imposed by or the conditions of, an existing title (including the exercise of those rights or the compliance with those obligations or conditions under co-operative arrangements for the recovery of petroleum);\n\t(d)\tthe creation or assignment of—\n\t(i)\tan interest in relation to an existing permit, lease or licence, being an interest known as an overriding royalty interest, a production payment, a net profits interest or a carried interest; or\n\t(ii)\tany other interest that is similar to an interest referred to in subparagraph (i), being an interest relating to petroleum produced from operations authorised by an existing permit, lease or licence or relating to revenue derived as a result of the carrying out of operations of that kind;\n\t(e)\tthe creation or assignment of an option (conditional or otherwise) to enter into a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c) and (d);\n\t(f)\tthe creation or assignment of a right (conditional or otherwise) to enter into a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c) and (d);\n\t(g)\tthe alteration or termination of a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c), (d), (e) and (f),\nbut this section does not apply to a transfer to which section 77 applies.\n\t(2)\tA dealing to which this section applies is of no force insofar as the dealing would, but for this subsection, have an effect of a kind referred to in subsection (1) in relation to a particular title until—\n\t(a)\tthe dealing, insofar as it relates to that title, has been approved by the Minister; and\n\t(b)\tan entry has been made in the register in relation to the dealing by the Minister in accordance with subsection (12).\n\t(3)\tA party to a dealing to which this section applies may lodge with the Minister—\n\t(a)\tin a case where the dealing relates to only one title, an application in writing for approval of the dealing; or\n\t(b)\tin any other case, a separate application in writing for approval of the dealing in relation to each title to which the dealing relates.\n\t(4)\tAn application under subsection (3) for approval of a dealing—\n\t(a)\tmust be accompanied by the instrument evidencing the dealing or, if that instrument has already been lodged with the Minister for the purposes of another application, a copy of that instrument; and\n\t(b)\tmay be accompanied by an instrument setting out such particulars (if any) as are prescribed for the purposes of an application for approval of a dealing of that kind.\n\t(4a)\tAn application under subsection (3) for approval of a dealing must be accompanied by two copies of—\n\t(a)\tthe application; and\n\t(b)\tthe instrument referred to in subsection (4)(a); and\n\t(c)\tany instrument lodged for the purposes of subsection (4)(b).\n\t(5)\tSubject to subsection (6), the Minister shall not approve a dealing unless the application for approval of the dealing is lodged with the Minister within 3 months after the day on which the party who last executed the instrument evidencing the dealing so executed the instrument or such longer period as the Minister, in special circumstances, allows.\n\t(6)\tWhere a dealing relating to a title was, immediately before the title came into existence, a dealing referred to in section 80A(1), the Minister shall not approve the dealing unless—\n\t(a)\ta provisional application for approval of the dealing was lodged in accordance with section 80A(1); or\n\t(b)\tan application for approval of the dealing is lodged with the Minister in accordance with this section within 3 months after the day on which the title came into existence or such longer period as the Minister, in special circumstances, allows.\n\t(7)\tWhere a dealing to which this section applies forms a part of the issue of a series of debentures, all the dealings constituting the issue of that series of debentures shall, for the purposes of this section, be taken to be one dealing.\n\t(8)\tWhere a dealing to which this section applies (including a dealing referred to in subsection (7)) creates a charge over some or all of the assets of a body corporate, the person lodging the application for approval of the dealing shall be deemed to have complied with subsection (4)(a), and with subsection (4a) insofar as that subsection requires 2 copies of the document referred to in subsection (4)(a) to accompany the application, if the person lodges with the application 3 copies of each document required to be lodged with the National Companies and Securities Commission relating to the creation of that charge pursuant to section 201 of the Companies (South Australia) Code or pursuant to the corresponding provision of a law of a State or Territory.\n\t(9)\tOn receipt of an application made under this section, the Minister shall enter a memorandum in the register of the date on which the application was lodged and may make such other notation in the register as the Minister considers appropriate.\n\t(10)\tThe Minister may approve or refuse to approve a dealing to which this section applies insofar as the dealing relates to a particular title.\n\t(11)\tThe Minister shall, by notice in writing served on the person who made an application for approval of a dealing, inform the person of the decision of the Minister.\n\t(12)\tIf the Minister approves a dealing, the Minister shall endorse on the original instrument evidencing the dealing and on one copy of that instrument or, if the original instrument was not lodged with the application, on 2 of the copies of that instrument a memorandum of approval and, on payment of the prescribed fee make an entry of the approval of the dealing in the register on the memorial relating to, or on the copy of, the title in respect of which the approval is sought.\n\t(13)\tWhere an entry is made in the register in relation to a dealing in accordance with subsection (12)—\n\t(a)\tif the dealing was approved before the commencement of section 44 of the Petroleum (Submerged Lands) (Miscellaneous) Amendment Act 1994 or the application for approval of the dealing was not accompanied by an instrument for the purposes of subsection (4)(b), one copy of the instrument evidencing the dealing endorsed with a memorandum of approval must be retained by the Minister and made available for inspection in accordance with this Division; and\n\t(b)\tif the application for approval of the dealing was accompanied by an instrument for the purposes of subsection (4)(b), a copy of that instrument endorsed with a copy of the memorandum of approval of the dealing must be retained by the Minister and made available for inspection in accordance with this Division but a copy of the instrument evidencing the dealing must not be so made available; and\n\t(c)\tthe original instrument evidencing the dealing, or a copy of the original instrument, as the case requires, endorsed with a memorandum of approval and the instrument (if any) lodged for the purposes of subsection (4)(b) must be returned to the person who made the application for approval.\n\t(13a)\tThe approval of a dealing or the making of an entry in the register in relation to a dealing is not rendered ineffective by any failure to comply, in relation to the application for approval of the dealing, with the requirements of this section.\n\t(14)\tWhere the Minister refuses to approve a dealing, the Minister shall make a notation of the refusal in the register.\n\t(15)\tIn this section—\ncharge and debenture have the same respective meanings as they have for the purposes of section 201 of the Companies (South Australia) Code.\n80A—Approval of dealings in future interests etc\n\t(1)\tWhere two or more persons enter into a dealing relating to a title that may come into existence in the future and that dealing would, if the title came into existence, become a dealing to which section 80 applies, a person who is a party to the dealing may, during the prescribed period in relation to the title, lodge with the Minister—\n\t(a)\tin a case where the dealing relates to only one title that may come into existence in the future, a provisional application in writing for approval by the Minister of the dealing; or\n\t(b)\tin any other case, a separate provisional application in writing for approval by the Minister of the dealing in relation to each title that may come into existence in the future and to which the dealing relates.\n\t(2)\tSections 80(4), (4a), (7) and (8) apply to a provisional application lodged under subsection (1) as if that provisional application were an application lodged under section 80(3).\n\t(a)\tthe title to which a dealing referred to in subsection (1) relates comes into existence; and\n\t(b)\tupon that title coming into existence, the dealing becomes a dealing to which section 80 applies,\nthe provisional application lodged under subsection (1) in relation to the dealing shall be treated as if it were an application lodged under section 80(3) on the day on which that title came into existence.\n\t(4)\tA reference in subsection (1) to the prescribed period, in relation to a title, is a reference to the period—\n\t(a)\tcommencing—\n\t(i)\tin the case of a permit, lease, licence or pipeline licence—on the day of service of an instrument informing the applicant for the permit, lease, licence or pipeline licence that the Minister is prepared to grant the permit, lease, licence or pipeline licence; or\n\t(ii)\tin the case of an access authority—on the day on which the application for the grant of the access authority is made; and\n\t(b)\tending on the day on which the title comes into existence.\n81—True consideration to be shown\n\t(1)\tA person who is a party to a transfer referred to in section 77, a dealing to which section 80 applies or a dealing referred to in section 80A(1) shall not lodge with the Minister—\n\t(a)\tan instrument of transfer; or\n\t(b)\tan instrument evidencing the dealing; or\n\t(c)\tan instrument of the kind referred to in section 80(4)(b),\nthat contains a statement relating to the consideration for the transfer or dealing, or to any other fact or circumstance affecting the amount of the fee payable in respect of the transfer or dealing, being a statement that is, to the knowledge of the person, false or misleading in a material particular.\n\t(2)\tWhere a person is convicted of an offence against subsection (1), the Minister may make a fresh determination of the amount of the fee payable under section 91 in respect of the memorandum relating to the transfer or dealing.\n\t(3)\tSubsections (2) and (3) of section 90 apply in relation to a determination under subsection (2) as they apply in relation to a determination under section 90(1).\n82—Minister not concerned with certain matters\nNeither the Minister nor a person acting under his direction or authority is concerned with the effect in law of any instrument lodged with him in pursuance of this Division nor does the approval of a transfer or dealing give to the transfer or dealing any force, effect or validity that the transfer or dealing would not have had if this Division had not been enacted.\n83—Power of Minister to require information as to dealings\n\t(1)\tThe Minister may require the person lodging an application for approval of a transfer or dealing or a provisional application for approval of a dealing under this Division to furnish to him in writing such information concerning the transfer or dealing as the Minister considers necessary or advisable.\n\t(1a)\tThe Minister may require a person who is a party to a dealing approved by the Minister under section 80 to furnish to the Minister a statement in writing setting out such information concerning alterations in the interests or rights existing in relation to the title to which the approved dealing relates as the Minister considers necessary or advisable.\n\t(1b)\tThe Minister may require a person making an application under section 78(1) or (3) or 86A(2) to furnish to the Minister in writing such information concerning the matter to which the application relates as the Minister considers necessary or advisable.\n\t(1c)\tA person shall not fail or refuse to comply with a requirement given to the person under subsection (1), (1a) or (1b).\n\t(2)\tA person who is so required to furnish information shall not knowingly furnish information that is false or misleading in a material particular.\n84—Production and inspection of documents\n\t(1)\tThe Minister may require any person to produce to him or to make available for inspection by him any documents in the possession or under the control of that person and relating to a transfer or dealing in relation to which approval is sought under this Division.\n\t(1a)\tThe Minister may require any person to produce to the Minister or to make available for inspection by the Minister any documents in the possession or under the control of that person and relating to an application made to the Minister under section 78(1) or (3) or 86A(2).\n\t(2)\tA person shall not fail or refuse to comply with a requirement given to him under subsection (1) or (1a).\n85—Inspection of register and documents\n\t(1)\tThe register and all instruments or copies of instruments subject to inspection under this Division shall at all convenient times be open for inspection by any person upon payment of the prescribed fee.\n86—Evidentiary provision\n\t(1)\tThe register shall be received by all courts as evidence of all matters required or authorised by this Division to be entered in the register.\n\t(2)\tThe Minister may, on payment of the prescribed fee, supply copies of or extracts from the register or of or from any instrument lodged with him under this Division certified by writing under his hand, and such a copy or extract so certified is admissible in evidence in all courts and proceedings without further proof or production of the original.\n\t(3)\tThe Minister may, on payment of the prescribed fee, by instrument in writing under his hand certify that an entry, matter or thing required or permitted by or under this Division to be made or done or not to be made or done has or has not, as the case may be, been made or done and such a certificate is evidence in all courts and proceedings of the statements contained in the certificate.\n86A—Minister may make corrections to register\n\t(1)\tThe Minister may alter the register for the purposes of correcting a clerical error or an obvious defect in the register.\n\t(2)\tSubject to subsection (3), the Minister may, on application being made in writing to the Minister by a person or of the Minister's own motion, make such entries in the register as the Minister considers appropriate for the purposes of ensuring that the register accurately records the interests and rights existing in relation to a title.\n\t(3)\tWhere the Minister proposes to make an entry in the register in accordance with subsection (2), the Minister shall cause to be published in the Gazette a notice—\n\t(a)\tsetting out the terms of the entry that the Minister proposes to make in the register; and\n\t(b)\tinviting interested persons to give to the Minister, by such day as is specified in the notice, being a day not earlier than 45 days after the publication of the notice, submissions in writing relating to the making of the entry.\n\t(4)\tWhere submissions are, in accordance with a notice under subsection (3), given to the Minister in relation to the proposed making of an entry in the register, the Minister shall—\n\t(a)\ttake those submissions into account before making an entry in the register; and\n\t(b)\tafter making an entry in the register, cause to be published in the Gazette a notice setting out the terms of the entry.\n87—Appeals\n\t(1)\tThe Supreme Court may on the application of a person aggrieved by—\n\t(a)\tthe omission of an entry from the register; or\n\t(b)\tan entry made in the register without sufficient cause; or\n\t(c)\tan entry wrongly existing in the register; or\n\t(d)\tan error or defect in an entry in the register,\nmake such order as it thinks fit directing the rectification of the register.\n\t(2)\tThe Supreme Court may, in proceedings under this section, decide any question that it is necessary or expedient to decide in connection with the rectification of the register.\n\t(3)\tNotice of an application under this section shall be given to the Minister, who may appear and be heard and shall appear if so directed by the Supreme Court.\n\t(4)\tAn office copy of an order made by the Supreme Court may be served on the Minister and the Minister shall, upon receipt of the order, rectify the register accordingly.\n88—Minister not liable to certain actions\nSubject to section 87 neither the Minister, his delegate, nor a person acting under the direction or authority of the Minister or his delegate is liable to an action, suit or proceeding for or in respect of an act or matter bona fide done or omitted to be done in exercise or purported exercise of any power or authority conferred by this Division.\n89—Offences\nA person who wilfully—\n\t(a)\tmakes, causes to be made or concurs in making a false entry in the register; or\n\t(b)\tproduces or tenders in evidence a document falsely purporting to be a copy of or extract from an entry in the register or of or from an instrument lodged with the Minister under this Division,\nis guilty of an offence.\n90—Assessment of fee\n\t(1)\tThe Minister may determine the amount of the fee payable under section 91 in respect of any memorandum.\n\t(2)\tA person dissatisfied with a determination of the Minister under subsection (1) may appeal to the Supreme Court against the determination.\n\t(3)\tUpon the hearing of the appeal, the Supreme Court may affirm, reverse or modify the determination of the Minister.\n91—Registration fees\n\t(1)\tSubject 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 77 a fee at the rate of 1.5 per cent of—\n\t(a)\tthe value of the consideration for the transfer; or\n\t(b)\tthe value of the title transferred,\nwhichever is the greater, or, if the amount of that fee is less than the prescribed amount, a fee of the prescribed amount.\n\t(a)\ta fee imposed by this section, as in force at any time, in respect of an entry of approval of an instrument or dealing, being an instrument or dealing pursuant to which the transfer of a title is agreed to, has been paid; and\n\t(b)\tbut for this subsection, the amount of the fee imposed by subsection (1) 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 instrument or dealing referred to in paragraph (a), would be greater than the prescribed amount,\nthe amount of the fee imposed by subsection (1) in respect of the entry of the memorandum of the transfer is the prescribed amount.\n\t(a)\tthe parties to a transfer of a title lodged for approval under section 77 satisfy the Minister that—\n\t(i)\tthose parties are related corporations within the meaning of the Companies (South Australia) Code; and\n\t(ii)\tthe transfer was executed solely for the purpose of a reorganisation 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\t(iii)\tthe 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 (1) in respect of the entry of a memorandum of the transfer; and\n\t(b)\tbut for this subsection, the amount of the fee imposed by subsection (1) in respect of the entry of the memorandum of the transfer of the title would be more than the prescribed amount,\nthe amount of the fee imposed by subsection (1) in respect of the entry of the memorandum of the transfer is the prescribed amount.\n\t(4)\tSubject 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 80 a fee at the rate of 1.5 per cent of—\n\t(a)\tthe 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\t(b)\tin a case where—\n\t(i)\tthe entry of approval relates to an interest in a licence or pipeline licence; and\n\t(ii)\tthe value of the interest is greater than the amount applicable under paragraph (a); and\n\t(iii)\tthe dealing has an effect of the kind referred to in section 80(1)(a), (b) or (d); and\n\t(iv)\tthe 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 section as in force at any time,\nthe value of the interest.\n\t(a)\tbut for this subsection, the amount of the fee imposed by subsection (4) in relation to an entry of approval of a dealing would be less than the prescribed amount; or\n\t(b)\tan approval under section 80 is given in respect of a dealing that is a dealing to which that section applies by reason only that the dealing creates, varies or terminates a charge over some or all of the assets of a body corporate,\nthe amount of the fee imposed by subsection (4) in respect of the entry of that approval is the prescribed amount.\n\t(a)\tthe parties to a dealing lodged for approval under section 80 satisfy the Minister that—\n\t(i)\tthose parties are related corporations within the meaning of the Companies (South Australia) Code; and\n\t(ii)\tthe dealing was entered into solely for the purpose of a reorganisation 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\t(iii)\tthe 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 (4) in respect of the entry of approval of the dealing; and\n\t(b)\tbut for this subsection, the amount of the fee imposed by subsection (4) in relation to the entry of approval of the dealing would be more than the prescribed amount,\nthe amount of the fee imposed by subsection (4) in respect of the entry of approval of that dealing is the prescribed amount.\n\t(7)\tFor the purposes of calculating the amount of the fee imposed by subsection (4) 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.\n92—Exemption from stamp duty\nDuty under the Stamp Duties Act 1923 shall not be chargeable—\n\t(a)\ton a permit, lease, licence, pipeline licence or access authority; or\n\t(b)\ton a transfer of a permit, lease, licence, pipeline licence or access authority to which section 77 applies; or\n\t(c)\ton any other instrument insofar as it relates to a legal or equitable interest in or affecting a permit, lease, licence, pipeline licence or access authority.\n","sortOrder":8},{"sectionNumber":"Div 6","sectionType":"division","heading":"General","content":"Division 6—General\n93—Notice of grants of permits etc to be published\nThe Minister shall cause notice of, and such particulars as he thinks fit of—\n\t(a)\tthe grant, and the grant of the renewal, of a permit, lease, licence or pipeline licence; and\n\t(b)\tthe variation of a licence or pipeline licence; and\n\t(c)\tthe surrender or cancellation of a permit, lease or licence as to all or some of the blocks in the permit area, lease area or licence area; and\n\t(d)\tthe determination of a permit or lease as to a block or blocks; and\n\t(e)\tan application for a pipeline licence or for the renewal or variation of a pipeline licence; and\n\t(f)\tthe surrender or cancellation of a pipeline licence as to the whole or a part of the pipeline; and\n\t(g)\tthe expiry of a permit, lease, licence or pipeline licence,\nunder this Part to be published in the Gazette.\n94—Date of effect of surrender etc of permits etc\n\t(2)\tThe surrender or cancellation of a permit, lease or licence as to all or some of the blocks in the permit area, lease area or licence area has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette.\n\t(3)\tThe surrender or cancellation of a pipeline licence as to the whole or a part of the pipeline has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette.\n\t(4)\tA variation of a licence or pipeline licence has effect on and from the day on which notice of the variation is published in the Gazette.\n95—Commencement of works\n\t(1)\tWhere a permit, lease, licence or pipeline licence is granted subject to a condition that works or operations specified in the permit, lease, licence or pipeline licence are to be carried out, the permittee, lessee, licensee or pipeline licensee, as the case may be, shall commence to carry out those works or operations within a period of six months after the day on which the permit, lease, licence or pipeline licence, as the case may be, comes into force.\n\t(2)\tThe Minister may, for reasons that he thinks sufficient, by instrument in writing served on a permittee, lessee, licensee or pipeline licensee—\n\t(a)\texempt him from compliance with the requirements of subsection (1); and\n\t(b)\tdirect him to commence to carry out the works or operations specified in the permit, lease, licence or pipeline licence, as the case may be, within such period after the day on which the permit, lease, licence or pipeline licence, as the case may be, comes into force as is specified in the instrument.\n96—Work practices\n\t(1)\tA permittee, lessee or licensee shall carry out all petroleum exploration operations and operations for the recovery of petroleum in the permit area, lease area or licence area in a proper and workmanlike manner and in accordance with good oil-field practice and shall secure the safety, health and welfare of persons engaged in those operations in or about the permit area, lease area or licence area.\n\t(2)\tIn particular, and without limiting the generality of subsection (1), but subject to any authorisation or requirement given or made by or under this Act or directions under this Act, a permittee, lessee or licensee shall—\n\t(a)\tcontrol the flow and prevent the waste or escape in the permit area, lease area or licence area of petroleum or water; and\n\t(b)\tprevent the escape in the permit area, lease area or licence area of any mixture of water or drilling fluid with petroleum or any other matter; and\n\t(c)\tprevent damage to petroleum-bearing strata in an area, whether in the adjacent area or not, in respect of which the permit, lease or licence is not in force; and\n\t(d)\tkeep separate—\n\t(i)\teach petroleum pool discovered in the permit area, lease area or licence area; and\n\t(ii)\tsuch of the sources of water, if any, discovered in that area as the Minister, by instrument in writing served on that person, directs; and\n\t(e)\tprevent water or any other matter entering any petroleum pool through wells in the permit area, lease area or licence area except when required by, and in accordance with, good oil-field practice.\n\t(3)\tA pipeline licensee shall operate the pipeline in a proper and workmanlike manner and shall secure the safety, health and welfare of persons engaged in operations in connection with the pipeline.\n\t(4)\tIn particular and without limiting the generality of subsection (3), a pipeline licensee shall prevent the waste or escape of petroleum or water from the pipeline or from any secondary line, pumping station, tank station, valve station or water line\n\t(5)\tA person who is the holder of a special prospecting authority or an access authority shall carry out all petroleum exploration operations in the area in respect of which the special prospecting authority or access authority is in force in a proper and workmanlike manner and in accordance with good oil-field practice and shall secure the safety, health and welfare of persons engaged in those operations in or about that area.\n\t(7)\tIt is a defence if a person charged with failing to comply with a provision of this section, or a defendant in an action arising out of a failure by the defendant to comply with a provision of this section, proves that he took all reasonable steps to comply with that provision.\n\t(8)\tThe penalty for an offence against this section is a fine of $10 000.\n96A—Conditions relating to insurance\n\t(1)\tThe holder of a permit, lease, licence or pipeline licence must maintain, as directed by the Minister from time to time, insurance against expenses or liabilities or specified things arising in connection with, or as a result of, the carrying out of work, or the doing of any other thing, under the permit, lease, licence or pipeline licence, including expenses of complying with directions with respect to the clean-up or other remedying of the effects of the escape of petroleum.\n\t(2)\tThe conditions subject to which a special prospecting authority or access authority is granted may include a condition that the holder maintain, as directed by the Minister from time to time, insurance against expenses or liabilities or specified things arising in connection with, or as a result of, the carrying out of work, or the doing of any other thing, under the authority, including expenses of complying with directions with respect to the clean-up or other remedying of the effects of the escape of petroleum.\n97—Maintenance etc of property\n\t(1)\tIn this section—\noperator means a permittee, lessee, licensee, pipeline licensee or holder of a special prospecting authority or access authority;\nthe operations area—\n\t(a)\tin relation to an operator who is a permittee, lessee or licensee means the permit area, lease area or licence area as the case may be; and\n\t(b)\tin relation to an operator who is a pipeline licensee—means the part of the adjacent area in which the pipeline is constructed; and\n\t(c)\tin relation to an operator who is the holder of a special prospecting authority or access authority—means the area in respect of which that authority is in force.\n\t(2)\tAn operator shall maintain in good condition and repair all structures, equipment and other property in the operations area and used in connection with the operations in which he is engaged.\n\t(3)\tAn operator shall remove from the operations area all structures, equipment and other property that are not either used or to be used in connection with the operations in which he is engaged.\n\t(4)\tSubsections (2) and (3) do not apply in relation to any structure, equipment or other property that was not brought into the operations area by or with the authority of the operator.\n\t(5)\tThe penalty for an offence against this section is a fine of $10 000.\n98—Sections 96 and 97 to have effect subject to this Act etc\nSections 96 and 97 have effect subject to—\n\t(a)\tany other provisions of this Act; and\n\t(b)\ta direction under section 100; and\n\t(c)\tany other law.\n99—Drilling near boundaries\n\t(1)\tA permittee, lessee or licensee shall not make a well any part of which is less than 300 metres from a boundary of the permit area, lease area or licence area, as the case may be, except with the consent in writing of the Minister and in accordance with such conditions, if any, as are specified in the instrument of consent.\n\t(2)\tWhere a permittee, lessee or licensee does not comply with subsection (1), the Minister may, by instrument in writing served on the permittee, lessee or licensee, as the case may be, direct him to do one or more of the following, within the period specified in the instrument:\n\t(a)\tto plug the well; and\n\t(b)\tto close off the well; and\n\t(c)\tto comply with such directions relating to the making or maintenance of the well as are specified in the instrument.\n100—Directions\n\t(1)\tThe Minister may, by instrument in writing served on the registered holder of a permit, lease, licence, pipeline licence, special prospecting authority or access authority, give to the registered holder a direction as to any matter with respect to which regulations may be made.\n\t(2)\tA direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to—\n\t(a)\ta specified class of persons, being a class constituted by or included in one or both of the following classes of persons:\n\t(i)\tservants or agents of, or persons acting on behalf of, the registered holder;\n\t(ii)\tpersons performing work or services, whether directly or indirectly, for the registered holder; or\n\t(b)\tany person (not being a person to whom the direction applies otherwise than in accordance with this paragraph) who is in the adjacent area for any reason touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum or the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil or is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of that kind,\nand where a direction so expressed is given, the direction shall be deemed to apply to each person included in that specified class or to each person who is in the adjacent area as mentioned in paragraph (b), as the case may be.\n\t(2a)\tWhere a direction under this section applies to a registered holder and to a person referred to in paragraph (2)(a), the registered holder shall cause a copy of the instrument by which the direction was given to be given to that other person or to be exhibited at a prominent position at a place in the adjacent area frequented by that other person.\n\t(2b)\tWhere a direction under this section applies to a registered holder and to a person referred to in paragraph (2)(b), the registered holder shall cause a copy of the instrument by which the direction was given to be exhibited at a prominent position at a place in the adjacent area.\n\t(2c)\tWhere a direction under this section applies to a registered holder and to a person referred to in paragraph (2)(b), the Minister may, by notice in writing given to the registered holder, require the registered holder to cause to be displayed at such places in the adjacent area, and in such manner, as are specified in the notice, copies of the instrument by which the direction was given, and the registered holder shall comply with that requirement.\n\t(3)\tThe Minister shall not give a direction of a standing or permanent nature except after consultation with the Minister of State for the time being administering the Commonwealth Act, but the validity of a direction of the Minister shall not be called in question by reason only of a failure to comply with this subsection.\n\t(4)\tA direction under this section has effect and shall be complied with notwithstanding any previous direction under this section.\n\t(5)\tA direction under this section has effect and shall be complied with notwithstanding anything in the regulations or in the Off-shore Waters (Application of Laws) Act 1976 as modified by regulation under section 13 and as applying in the adjacent area.\n\t(6)\tSection 151(2a) and (2b) apply in relation to directions made under this section in like manner as that section applies to the regulations.\n\t(7)\tA person who fails to comply with a direction in force under subsection (1) that applies to him or her is guilty of an offence.\n\t(a)\ta direction given under this section applies to a registered holder and another person and that other person is prosecuted for an offence against subsection (7) in relation to the direction; and\n\t(b)\tthe person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction,\nthe person shall not be convicted of the offence unless the prosecutor proves that the person knew, or could reasonably be expected to have known, of the existence of the direction.\n101—Compliance with directions\n\t(1)\tWhere a person does not comply with a direction given or applicable to the person under this Part or the regulations the Minister may do all or any of the things required by the direction to be done.\n\t(2)\tCosts and expenses incurred by the Minister under subsection (1) in relation to a direction are a debt due by the person to whom the direction was given or was applicable to the State and are recoverable in a court of competent jurisdiction.\n\t(2a)\tWhere—\n\t(a)\ta direction given under section 100 applies to a permittee, lessee, licensee, pipeline licensee or the holder of a special prospecting authority or access authority and another person and an action under subsection (2) relating to the direction is brought against that other person; and\n\t(b)\tthe person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction,\nthe person is not liable under subsection (2) unless the plaintiff proves that the person knew, or could reasonably be expected to have known, of the existence of the direction.\n\t(3)\tIt is a defence if a person charged with failing to comply with a direction given or applicable to the person under this Part or under the regulations or a defendant in an action under subsection (2) proves that he took all reasonable steps to comply with the direction.\n102—Exemption\n\t(a)\ta permit, lease, licence or pipeline licence is, under this Part, to be deemed to continue in force until the Minister grants, or refuses to grant, the renewal of the permit, lease, licence or pipeline licence; or\n\t(b)\ta licence is varied under section 44; or\n\t(c)\ta licensee enters into an agreement under section 58 or a direction is given to a licensee under that section; or\n\t(d)\ta permit, lease or licence is partly cancelled, partly determined or surrendered as to one or more but not all of the blocks in respect of which it is in force; or\n\t(e)\ta pipeline licence is varied under section 70 or 71; or\n\t(f)\ta direction is given to a pipeline licensee under section 72; or\n\t(g)\ta pipeline licence is partly cancelled; or\n\t(ga)\ta permittee, lessee or licensee consents to the making of a determination under section 7A; or\n\t(h)\tan access authority is granted in respect of a block the subject of a permit, lease or licence, or an access authority as in force in respect of such a block is varied; or\n\t(i)\ta permittee, lessee, licensee, pipeline licensee or the holder of a special prospecting authority or access authority applies, by instrument in writing served on the Minister—\n\t(i)\tfor a variation or suspension of; or\n\t(ii)\tfor exemption from compliance with,\nany of the conditions to which the permit, lease, licence, pipeline licence, special prospecting authority or access authority is subject; or\n\t(j)\tthe Minister under this Part or the regulations gives a direction or consent to a permittee, lessee, licensee, pipeline licensee or the holder of a special prospecting authority or access authority,\nthe Minister may, at any time, by instrument in writing served on the permittee, lessee, licensee, pipeline licensee or the holder of the special prospecting authority or access authority—\n\t(k)\tvary or suspend; or\n\t(l)\texempt the permittee, lessee, licensee, pipeline licensee or the holder of the special prospecting authority or access authority from compliance with,\nany of the conditions to which the permit, lease, licence, pipeline licence, special prospecting authority or access authority is subject, upon such conditions, if any, as the Minister determines and specifies in the instrument.\n\t(2)\tSubsection (1) does not authorise the making of an instrument to the extent that it would affect the term of a permit, lease, licence or pipeline licence.\n\t(3)\tNotwithstanding subsection (2), where, in pursuance of subsection (1), the Minister suspends, or exempts the permittee or lessee from compliance with, any of the conditions to which a permit or lease is subject, the Minister may, if he considers that circumstances make it reasonable to do so, in the instrument of suspension or exemption or by a later instrument in writing served on the permittee or lessee, extend the term of the permit or lease by a period not exceeding the period of suspension or exemption.\n103—Surrender of permits etc\n\t(1)\tThe registered holder of an instrument, being a permit, lease, licence or pipeline licence, may, at any time, by application in writing served on the Minister, apply for consent to surrender the instrument—\n\t(a)\tin the case of a permit or licence—as to all or some of the blocks in respect of which it is in force; or\n\t(aa)\tin the case of a lease—as to all of the blocks in respect of which it is in force; or\n\t(b)\tin the case of a pipeline licence—as to the whole or a part of the pipeline in respect of which it is in force.\n\t(2)\tSubject to subsection (3), the Minister shall not give his consent to a surrender of an instrument under subsection (1) unless the registered holder—\n\t(a)\thas paid all fees and amounts payable by him under this Act, or has made arrangements that are satisfactory to the Minister for the payment of those fees and amounts; and\n\t(b)\thas complied with the conditions to which the instrument is subject and with the provisions of this Part and of the regulations; and\n\t(c)\thas, to the satisfaction of the Minister, removed or caused to be removed from the area to which the surrender relates all property brought into that area by any person engaged or concerned in the operations authorised by the instrument, or has made arrangements that are satisfactory to the Minister with respect to that property; and\n\t(d)\thas, to the satisfaction of the Minister, plugged or closed off all wells made in that area by any person engaged or concerned in the operations authorised by the instrument; and\n\t(e)\tsubject to this Part and to the regulations, has made provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area; and\n\t(f)\thas, to the satisfaction of the Minister made good any damage to the sea-bed or subsoil in that area caused by any person engaged or concerned in the operations authorised by the instrument,\nbut if the registered holder has complied with those requirements the Minister shall not unreasonably refuse to consent to the surrender.\n\t(3)\tWhere the registered holder of an instrument, being a permit, lease, licence or pipeline licence, has not complied with the conditions to which the instrument is subject and with the provisions of this Part and of the regulations, the Minister may give his consent to a surrender of the instrument under subsection (1) if he is satisfied that, although the registered holder has not so complied, special circumstances exist that justify the giving of consent to the surrender.\n\t(4)\tWhere the Minister consents to an application under subsection (1), the applicant may, by instrument in writing served on the Minister, surrender the instrument accordingly.\nthe area to which the surrender relates means—\n\t(a)\tin relation to a surrender of a permit, lease or licence—the area constituted by the blocks as to which the permit, lease or licence is proposed to be surrendered; and\n\t(b)\tin relation to a surrender of a pipeline licence—the part of the adjacent area in which the pipeline, or the part of the pipeline, as to which the pipeline licence is proposed to be surrendered is constructed.\n104—Cancellation of permits etc\n\t(1)\tWhere a permittee, lessee, licensee or pipeline licensee—\n\t(a)\thas not complied with a condition to which the permit, lease, licence or pipeline licence is subject; or\n\t(b)\thas not complied with a direction given to him under this Part by the Minister; or\n\t(c)\thas not complied with a provision of this Part or of the regulations; or\n\t(d)\thas not paid any amount payable by him under this Act, within a period of three months after the day on which the amount became payable,\nthe Minister may, on that ground, by instrument in writing served on the permittee, lessee, licensee or pipeline licensee, as the case may be—\n\t(e)\tin the case of a permit or licence—cancel the permit or licence as to all or some of the blocks in respect of which it is in force; or\n\t(ea)\tin the case of a lease—cancel the lease as to all of the blocks in respect of which it is in force; or\n\t(f)\tin the case of a pipeline licence—cancel the pipeline licence as to the whole or a part of the pipeline in respect of which it is in force.\n\t(2)\tThe Minister shall not, under subsection (1), cancel a permit, licence or pipeline licence as to all or some of the blocks, or as to the whole or a part of the pipeline, in respect of which it is in force, or cancel a lease as to all of the blocks in respect of which it is in force, on a ground referred to in that subsection unless—\n\t(a)\the has, by instrument in writing served on the permittee, lessee, licensee or pipeline licensee, as the case may be, given not less than one month's notice of his intention so to cancel the permit, lease, licence or pipeline licence on that ground; and\n\t(c)\the has, in the instrument, specified a date on or before which the permittee, lessee, licensee or pipeline licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes the Minister to consider; and\n\t(d)\the has taken into account—\n\t(i)\tany action taken by the permittee, lessee, licensee or pipeline licensee, as the case may be, to remove that ground or to prevent the recurrence of similar grounds; and\n\t(ii)\tany matters so submitted to him on or before the specified date by the permittee, lessee, licensee or pipeline licensee or by a person on whom a copy of the firstmentioned instrument has been served.\n105—Cancellation of permit etc not affected by other provisions\n\t(1)\tA permit, licence or pipeline licence may be wholly cancelled or partly cancelled, and a lease may be wholly cancelled, on the ground that the registered holder of the permit, lease, licence or pipeline licence has not complied with a provision of this Part or of the regulations notwithstanding that he has been convicted of an offence by reason of his failure to comply with the provision.\n\t(2)\tA person who was the registered holder of a permit, lease, licence or pipeline licence that has been wholly cancelled, or is the registered holder of a permit, licence or pipeline licence that has been partly cancelled, on the ground that he has not complied with a provision of this Part or of the regulations may be convicted of an offence by reason of his failure to comply with the provision, notwithstanding that the permit, lease, licence or pipeline licence has been so cancelled.\n\t(3)\tA permit, licence or pipeline licence may be wholly cancelled or partly cancelled, and a lease may be wholly cancelled, on the ground that the registered holder of the permit, lease, licence or pipeline licence has not paid an amount payable by him under this Act within a period of three months after the day on which the amount became payable, notwithstanding that judgment for the amount has been obtained or that the amount, or any part of the amount, has been paid or recovered.\n\t(4)\tA person who was the registered holder of a permit, lease, licence or pipeline licence that has been wholly cancelled, or is the registered holder of a permit, licence or pipeline licence that has been partly cancelled, on the ground that he has not paid an amount payable by him under this Act within a period of three months after the day on which the amount became payable continues to be liable to pay that amount, together with any additional amount payable by reason of late payment of that amount, notwithstanding that the permit, lease, licence or pipeline licence has been so cancelled.\n106—Removal of property etc by permittee etc\n\t(1)\tWhere a permit, licence or pipeline licence has been wholly determined, partly determined, wholly cancelled or partly cancelled, or has expired or a lease has been wholly determined, partly determined or wholly cancelled or has expired, the Minister may, by instrument in writing served on the person who was, or is, as the case may be, the permittee, lessee, licensee or pipeline licensee, direct that person to do any one or more of the following things:\n\t(a)\tto remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease, licence or pipeline licence or to make arrangements that are satisfactory to the Minister with respect to that property; and\n\t(b)\tto plug or close off, to the satisfaction of the Minister, all wells made in that area by any person engaged or concerned in those operations; and\n\t(c)\tsubject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area; and\n\t(d)\tto make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area caused by any person engaged or concerned in those operations.\n\t(2)\tThe Minister may, by instrument in writing served on a permittee, lessee, licensee or pipeline licensee, direct him to do any one or more of the following things:\n\t(a)\tto remove or cause to be removed from the permit area, lease area, licence area or part of the adjacent area in which the pipeline is constructed, as the case may be, all property brought into that area or part by any person engaged or concerned in the operations authorised by the permit, lease, licence or pipeline licence or to make arrangements that are satisfactory to the Minister with respect to that property; and\n\t(b)\tto plug or close off, to the satisfaction of the Minister, all wells made in that area or part by any person engaged or concerned in those operations; and\n\t(c)\tsubject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area or part; and\n\t(d)\tto make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area or part caused by any person engaged or concerned in those operations.\n\t(3)\tA person to whom a direction is given under subsection (1) or (2) shall comply with the direction—\n\t(a)\tin the case of a direction given under subsection (1)—within the period specified in the instrument by which the direction was given; or\n\t(b)\tin the case of a direction given under subsection (2)—on or before the date of expiration of the permit, lease, licence or pipeline licence concerned.\n107—Removal of property etc by Minister\nWhere a permit, licence or pipeline licence has been wholly determined, partly determined, wholly cancelled or partly cancelled, or has expired, or a lease has been wholly determined, partly determined or wholly cancelled or has expired, and a direction under section 106 has not been complied with, or an arrangement under that section has not been carried out, in relation to the relinquished area—\n\t(a)\tthe Minister may do all or any of the things required by the direction or arrangement to be done; and\n\t(b)\tif any property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease, licence or pipeline licence has not been removed in accordance with the direction or arrangement, the Minister may, by instrument published in the Gazette, direct that the owner or owners of that property shall remove it from that area, or dispose of it to the satisfaction of the Minister, within the period specified in the instrument and shall serve a copy of the instrument on each person whom he believes to be an owner of that property or any part of that property.\n108—Payment by instalments\n\t(1)\tThe Minister and a person who may request, or has requested, that a permit under section 26 or a licence under section 49 be granted to him may enter into an agreement in writing for or in relation to the payment, by instalments, of the amount to be paid in respect of the grant of the permit or licence, together with interest at the rate that is the specified rate from time to time on so much of that amount as from time to time remains unpaid.\n\t(2)\tFor the purposes of subsection (1), the specified rate is ten per centum per annum or, if a lower rate is prescribed, that lower rate.\n\t(3)\tThe period specified in an agreement under this section as the period within which an amount payable by instalments is to be paid shall not be greater than 21 years.\n\t(4)\tWhere a person enters into an agreement under this section for or in relation to the payment of an amount in respect of the grant of a permit or licence, any instalment or interest that is due under the agreement and has not been paid is payable by the registered holder of the permit or licence, as the case may be.\n109—Penalty for late payments of instalments etc\n\t(1)\tWhere the liability of a person under section 108 to pay an amount, being an instalment or any interest, is not discharged at or before the time when the amount is payable, there is payable by that person an additional amount calculated at the rate of one-third of one per centum per day upon so much of the firstmentioned amount as from time to time remains unpaid, to be computed from the time when the firstmentioned amount became payable until it is paid.\n\t(2)\tThe Minister may, in a particular case, for reasons that he thinks sufficient, remit the whole or part of an amount payable under this section.\n110—Special prospecting authorities\n\t(1)\tA person may make an application to the Minister for the grant of a special prospecting authority in respect of a block or blocks in respect of which a permit, lease or licence is not in force.\n\t(c)\tshall specify the operations that the applicant proposes to carry on and the block or blocks in respect of which the applicant proposes to carry on those operations; and\n\t(d)\tmust be accompanied by the prescribed fee.\n\t(3)\tThe Minister—\n\t(a)\tmay grant to the applicant a special prospecting authority subject to such conditions as the Minister thinks fit and specifies in the authority; or\n\t(b)\tmay refuse to grant the application.\n\t(4)\tA special prospecting authority, while it remains in force, authorises the holder, subject to this Act and in accordance with the conditions to which the special prospecting authority is subject, to carry on in the blocks specified in the special prospecting authority the petroleum exploration operations so specified.\n\t(5)\tNothing in a special prospecting authority authorises the holder to make a well.\n\t(6)\tA special prospecting authority comes into force on the day specified for the purpose in the authority and, unless surrendered or cancelled, remains in force for such period, not exceeding six months, as is so specified.\n\t(6a)\tA special prospecting authority is not capable of being transferred.\n\t(6b)\tWhere—\n\t(a)\ta person holds a special prospecting authority in respect of a block; and\n\t(b)\tanother special prospecting authority is granted to another person in respect of the block,\nthe Minister shall, by notice in writing served on each of those persons, inform each of them of—\n\t(c)\tthe petroleum exploration operations authorised by the special prospecting authority granted to the other person; and\n\t(d)\tthe conditions to which the special prospecting authority granted to the other person is subject.\n\t(7)\tA special prospecting authority—\n\t(a)\tmay be surrendered by the holder at any time by instrument in writing served on the Minister; and\n\t(b)\tmay, if the holder has not complied with a condition to which the authority is subject, be cancelled by the Minister by instrument in writing served on the holder.\n\t(8)\tWhere a special prospecting authority has been surrendered or cancelled, or has expired, the Minister may, by instrument in writing served on the person who was the holder of the special prospecting authority, direct that person to do any one or more of the following things:\n\t(a)\tto remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorised by the special prospecting authority or to make arrangements that are satisfactory to the Minister with respect to that property; and\n\t(b)\tsubject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area; and\n\t(c)\tto make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area caused by any person engaged or concerned in those operations.\n\t(9)\tA person to whom a direction is given under subsection (8) shall comply with the direction.\n\t(10)\tSection 107 applies to and in relation to a special prospecting authority as if—\n\t(a)\ta reference in that section to a permit were a reference to a special prospecting authority; and\n\t(b)\ta reference in that section to a direction or an arrangement under section 106 were a reference to a direction or an arrangement under subsection (8).\n111—Access authorities\n\t(1)\tA permittee, lessee or licensee may make an application to the Minister for the grant of an access authority to enable him to carry on in an area, being part of the adjacent area that is not part of the permit area, lease area or licence area, petroleum exploration operations or operations related to the recovery of petroleum in or from the permit area, lease area or licence area.\n\t(1a)\tA holder of a Commonwealth title or a State title may make an application to the Minister for the grant of an access authority to enable the holder to carry on, in a part of the adjacent area, petroleum exploration operations or operations related to the recovery of petroleum in or from the area to which that Commonwealth or State title relates.\n\t(1b)\tThe holder of a special prospecting authority may make an application to the Minister for the grant of an access authority to enable the applicant to carry on petroleum exploration operations in an area, being part of the adjacent area not included in any block that is the subject of the special prospecting authority.\n\t(c)\tshall specify the operations that the applicant proposes to carry on and the area in which the applicant proposes to carry on those operations; and\n\t(d)\tmay set out any other matters that the applicant wishes the Minister to consider.\n\t(3)\tThe Minister may—\n\t(a)\tif he is satisfied that it is necessary or desirable to do so for the more effective exercise of the rights, or for the proper performance of the duties, of a permittee, lessee, licensee, holder of a special prospecting authority or holder of a Commonwealth or State title who has made an application under this section, grant to him an access authority subject to such conditions as the Minister thinks fit and specifies in the access authority; and\n\t(b)\tat any time, by instrument in writing served on the registered holder of an access authority so granted, vary the access authority.\n\t(4)\tThe Minister shall not grant an access authority on an application under this section in respect of a block that is the subject of a permit, lease, licence or special prospecting authority of which the registered holder is a person other than the applicant, or vary such an access authority as in force in respect of a block that is the subject of a permit, lease, licence or special prospecting authority of which the registered holder is a person other than the registered holder of the access authority, unless—\n\t(a)\the has, by instrument in writing served on that person, given not less than one month's notice of his intention to grant or vary, as the case may be, the access authority; and\n\t(b)\the has served a copy of the instrument—\n\t(i)\ton such other persons, if any, as he thinks fit; and\n\t(ii)\tin a case where he intends to vary an access authority—on the registered holder of the access authority; and\n\t(i)\tgiven particulars of the access authority proposed to be granted, or of the variation proposed to be made, as the case may be; and\n\t(ii)\tspecified a date on or before which a person on whom the instrument, or a copy of the instrument, is served may, by instrument in writing served on the Minister submit any matters that he wishes the Minister to consider; and\n\t(d)\the has taken into account any matters so submitted to him on or before the specified date by a person on whom the firstmentioned instrument, or a copy of that instrument, has been served.\n\t(5)\tAn access authority, while it remains in force, authorises the holder, subject to this Act and in accordance with the conditions to which the access authority is subject, to carry on, in the area specified in the access authority, the operations so specified.\n\t(6)\tNothing in an access authority authorises the holder to make a well.\n\t(7)\tAn access authority comes into force on the day specified for the purpose in the access authority and, unless surrendered or cancelled, remains in force for such period as is so specified but may be extended by the Minister for a further period.\n\t(8)\tAn access authority—\n\t(a)\tmay be surrendered by the holder at any time by instrument in writing served on the Minister; and\n\t(b)\tmay be cancelled by the Minister at any time by instrument in writing served on the holder and on any person in whose permit area, lease area or licence area operations may be carried on in pursuance of the access authority.\n\t(9)\tWhere an access authority has been surrendered or cancelled or has expired, the Minister may, by instrument in writing served on the person who was the holder of the access authority, direct that person to do any one or more of the following things:\n\t(a)\tto remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorised by the access authority or to make arrangements that are satisfactory to the Minister with respect to that property; and\n\t(b)\tsubject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area; and\n\t(c)\tto make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area caused by any person engaged or concerned in those operations.\n\t(10)\tA person to whom a direction is given under subsection (9) shall comply with the direction.\n\t(11)\tThe holder of an access authority shall, if the access authority is in force in respect of an area that consists of, or includes, a block that is the subject of a permit, lease or licence of which he is not the registered holder, furnish to the registered holder of that permit, lease or licence, within twenty-eight days after the end of each month during which the access authority is in force in respect of that block, a full report, in writing, of the operations carried on in that block during that month and a summary of the facts ascertained from those operations.\n\t(12)\tSection 107 applies to and in relation to an access authority as if—\n\t(a)\ta reference in that section to a permit were a reference to an access authority; and\n\t(b)\ta reference in that section to a direction or an arrangement under section 106 were a reference to a direction or an arrangement under subsection (9).\n\t(13)\tIn this section—\nCommonwealth title means an authority, however described, under a law of the Commonwealth, to explore for, or to recover, petroleum;\nState title means an authority, however described, under a law of Victoria or Western Australia to explore for, or to recover petroleum.\n112—Sale of property\n\t(1)\tWhere a direction under section 107 has not been complied with in relation to any property, the Minister may do all or any of the following things:\n\t(a)\tremove, in such manner as he thinks fit, all or any of that property from the relinquished area concerned; and\n\t(b)\tdispose of, in such manner as he thinks fit, all or any of that property; and\n\t(c)\tif he has served a copy of the instrument by which the direction was given on a person whom he believed to be an owner of that property or part of that property, sell, by public auction or otherwise, as he thinks fit, all or any of that property that belongs, or that he believes to belong, to that person.\n\t(2)\tThe Minister may deduct from the proceeds of a sale under subsection (1) of property that belongs, or that he believes to belong, to a particular person—\n\t(a)\tall or any part of any costs and expenses incurred by him under that subsection in relation to that property; and\n\t(b)\tall or any part of any costs and expenses incurred by him in relation to the doing of any thing required by a direction under section 106, 110 or 111, as the case may be, to be done by that person; and\n\t(c)\tall or any part of any fees or amounts due and payable under this Act by that person.\n\t(3)\tCosts and expenses incurred by the Minister under subsection (1)—\n\t(a)\tif incurred in relation to the removal, disposal or sale of property, are a debt due by the owner of the property to the State; or\n\t(b)\tif incurred in relation to the doing of any thing required by a direction under section 106, 110 or 111, as the case may be, to be done by a person who is or was a permittee, lessee, licensee, pipeline licensee or holder of a special prospecting authority or access authority, are a debt due by that person to the State,\nand, to the extent to which they are not recovered under subsection (2), are recoverable in a court of competent jurisdiction.\n\t(4)\tSubject to subsection (3), no action lies in respect of the removal, disposal or sale of property under this section.\n114—Minister etc may require information to be furnished etc\n\t(1)\tWhere the Minister or an inspector has reason to believe that a person is capable of giving information or producing documents relating to petroleum exploration operations, operations for the recovery of petroleum or operations connected with the construction or operation of a pipeline in the adjacent area, he may, by instrument in writing served on that person, require that person—\n\t(a)\tto furnish to him in writing, within the period and in the manner specified in the instrument, any such information; or\n\t(b)\tto attend before him or a person specified in the instrument, at such time and place as is so specified and there to answer questions relating to those operations and to produce such documents relating to those operations as are so specified.\n\t(2)\tA person is not excused from furnishing information, answering a question or producing a document when required to do so under this section on the ground that the information so furnished, the answer to the question or the production of the document might tend to incriminate him or make him liable to a penalty, but the information so furnished or his answer to the question is not admissible in evidence against him in proceedings other than proceedings for an offence against section 116.\n115—Power to examine on oath\n\t(1)\tThe Minister or an inspector may administer an oath to a person required to attend before him in pursuance of section 114 and may examine that person on oath.\n\t(2)\tWhere a person attending before the Minister or an inspector in pursuance of section 114 conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth to all questions asked him.\n\t(3)\tAn affirmation made under subsection (2) is of the same force and effect, and entails the same penalties, as an oath.\n116—Failing to furnish information etc\nA person shall not—\n\t(a)\trefuse or fail to comply with a requirement in an instrument under section 114 to the extent to which he is capable of complying with it; or\n\t(b)\tin purported compliance with such a requirement, furnish information that is to his knowledge false or misleading in a material particular; or\n\t(c)\twhen attending before the Minister or an inspector in pursuance of such a requirement, make a statement or produce a document that is to his knowledge false or misleading in a material particular.\n117—Release of information\n\t(1)\tThe Minister may, at any time, make available to another Minister or to a Minister of State of the Commonwealth or of another State—\n\t(a)\tany information contained in a document to which this section applies that has been furnished to the Minister; and\n\t(b)\tany cores or cuttings from, or samples of, the sea-bed or subsoil in a block, or samples of petroleum recovered in a block, that have been furnished to the Minister.\n\t(1b)\tThe Minister may, at any time after the grant or renewal, or refusal to grant or renew, a permit, lease, licence, pipeline licence, access authority or special prospecting authority—\n\t(b)\ton request by a person and, if the Minister so requires, on payment of the prescribed fee, make available to that person,\nany information contained in, or accompanying, the application for the grant or renewal, as the case may be, but not including—\n\t(c)\tinformation of a kind referred to in subsection (2) or (5a); or\n\t(d)\tparticulars of—\n\t(i)\tthe technical qualifications of the applicant and of the employees of the applicant; or\n\t(ii)\tthe technical advice available to the applicant; or\n\t(iii)\tthe financial resources available to the applicant.\n\t(2)\tThe Minister may, at any time after the relevant day—\n\t(b)\ton request by a person and, if the Minister so requires, on payment of the prescribed fee, make available to that person,\nany information contained in a document to which this section applies that has been furnished to the Minister, being information that relates to the sea-bed or subsoil, or to petroleum, in a block, but not including any matter contained in a document to which this section applies that, in the opinion of the Minister, is a conclusion drawn, in whole or in part, from, or an opinion based, in whole or in part, on, any such information.\n\t(3)\tThe Minister or another Minister may, at any time after the relevant day—\n\t(a)\tmake publicly known any particulars of; or\n\t(b)\ton request by a person and, if the Minister or the other Minister so requires, on payment of the prescribed fee, permit that person to inspect,\nany cores or cuttings from, or samples of, the sea-bed or subsoil in a block, or samples of petroleum recovered in a block, that have been furnished to the Minister or have been made available to the other Minister under subsection (1).\n\t(4)\tFor the purposes of subsections (2) and (3)—\n\t(a)\twhere—\n\t(i)\ta permit or lease is in force in respect of the block; and\n\t(ii)\tthe document, core, cutting or sample was furnished to the Minister during the period during which any of the following were in force in respect of the block:\n\t(A)\tthe permit or lease;\n\t(B)\tin a case where a lease is in force in respect of the block—the permit that ceased to be in force in respect of the block by virtue of section 37B(7) on the day on which the lease came into force,\nthe relevant day is the day on which the period of 2 years that commenced on the day on which the document, core, cutting or sample was furnished to the Minister expires; and\n\t(b)\twhere—\n\t(i)\ta licence is in force in respect of the block; and\n\t(ii)\tthe document, core, cutting or sample was furnished to the Minister during the period during which any of the following were in force in respect of the block:\n\t(A)\tthe licence;\n\t(B)\tthe permit or lease that ceased to be in force in respect of the block by virtue of section 43(5) on the day on which the licence came into force,\nthe relevant day is the day on which the period of 12 months that commenced on the day on which the document, core, cutting or sample was furnished to the Minister expires; and\n\t(c)\twhere the document, core, cutting or sample was furnished to the Minister during a period during which a permit, lease or licence was in force in respect of the block and—\n\t(i)\tthe permit, lease or licence is surrendered, cancelled or determined as to the block; or\n\t(ii)\tthe permit, lease or licence expires but is not renewed in respect of the block,\nthe relevant day is the day on which the permit, lease or licence is so surrendered, cancelled or determined or expires, as the case may be, whether another permit, lease or licence is subsequently in force in respect of the block or not; and\n\t(d)\twhere—\n\t(i)\tthe document, core, cutting or sample was furnished to the Minister at a time when a permit, lease or licence was not in force in respect of the block; and\n\t(ii)\tthe information in the document or the core, cutting or sample was collected for the purpose of the sale of information on a non-exclusive basis,\nthe relevant day is the day determined by the Minister, being a day not more than five years after the day on which the document, core, cutting or sample was furnished to the Minister; and\n\t(e)\twhere—\n\t(i)\tthe document, core, cutting or sample was furnished to the Minister at a time when a permit, lease or licence was not in force in respect of the block; and\n\t(ii)\tparagraph (d)(ii) does not apply,\nthe relevant day is the day determined by the Minister, being a day not more than two years after the day on which the document, core, cutting or sample was furnished to the Minister.\n\t(a)\ta document, core, cutting or sample referred to in subsection (1) was furnished to the Minister—\n\t(i)\tduring or in respect of a period during which a permit, lease or licence was in force in respect of the block; or\n\t(ii)\tduring or in respect of a period during which a special prospecting authority or access authority was in force in respect of the block but during which a permit, lease or licence was not in force in respect of the block; and\n\t(b)\tthe permittee, lessee, licensee or holder of the special prospecting authority or access authority or, if the permit, lease, licence, special prospecting authority or access authority has ceased to be in force, the person who was the holder of the permit, lease, licence, special prospecting authority or access authority—\n\t(i)\thas made publicly known any information contained in the document or has consented in writing to any of that information being made publicly known; or\n\t(ii)\thas made publicly known any particulars of that core, cutting or sample or has consented in writing to any particulars of that core, cutting or sample being made publicly known or to that core, cutting or sample being made available for inspection,\nthe Minister, or another Minister to whom that information, core, cutting or sample has been made available under subsection (1) may, at any time after that information has, or those particulars have, been made publicly known or after that consent has been given—\n\t(c)\tmake publicly known that information or, on request by another person and, if the Minister or the other Minister so requires, on payment of the prescribed fee, make that information available to that other person; or\n\t(d)\tmake publicly known those particulars or, on request by any other person and, if the Minister or the other Minister so requires, on payment of the prescribed fee, permit that other person to inspect that core, cutting or sample,\nas the case may be.\n\t(5a)\tSubject to subsection (5f), the Minister may, at any time after the end of the period of 5 years after a document to which this section applies was furnished to the Minister—\n\t(b)\ton request by a person and, if the Minister so requires, on payment of the prescribed fee, make available to that person,\nany information contained in the document, being information that relates to the sea-bed or subsoil or to petroleum, in a block, and that, in the opinion of the Minister, is a conclusion drawn, in whole or in part, from, or an opinion based, in whole or in part, on any information contained in a document to which this section applies that has been furnished to the Minister.\n\t(5b)\tBefore the Minister makes available or publicly known any information pursuant to subsection (5a), the Minister shall—\n\t(a)\tcause to be published in the Gazette a notice—\n\t(i)\tstating that the Minister proposes to make the information available or publicly known; and\n\t(ii)\tinviting interested persons to give to the Minister, by such day as is specified in the notice, being a day not earlier than 45 days after the publication of the notice, a notice objecting to the whole or any part of the information being made available or publicly known; and\n\t(iii)\tstating that, if a person does not make an objection in accordance with the invitation, the person will be taken to have consented to the information being made available or publicly known; and\n\t(b)\tif it is practicable to do so—cause a copy of the notice so published in the Gazette to be served on the person who furnished the document containing the information.\n\t(5c)\tThere shall be set out in the notice of objection the reasons for making the objection.\n\t(5d)\tA person is not entitled to make an objection to information being made available or publicly known except on the grounds that to do so would disclose—\n\t(a)\ta trade secret; or\n\t(b)\tany other information the disclosure of which would, or could reasonably be expected to, adversely affect the person in respect of the lawful business, commercial or financial affairs of the person.\n\t(5e)\tWhere a person makes an objection to the Minister in accordance with such an invitation, the Minister shall, within 45 days after the receipt of the notice of objection, consider the objection, and may either disallow it, or allow it in whole or in part, and shall cause to be served on the person written notice of the decision on the objection.\n\t(5f)\tThe Minister shall not make available or make publicly known any information pursuant to subsection (5a) if there is in force an objection made in relation to the information being made available or publicly known but, where such an objection is in force, nothing in this section shall be taken to preclude a further invitation under subsection (5b) being made in relation to the information.\n\t(6)\tExcept as provided by the preceding provisions of this section or for the purposes of the administration of this Act, the Minister, or another Minister to whom any information, core, cutting or sample has been made available under subsection (1), shall not—\n\t(a)\tmake publicly known, or make available to any person (not being a Minister or a Minister of State of the Commonwealth or another State), any information contained in a document to which this section applies; or\n\t(b)\tmake publicly known any particulars of, or permit any person (not being a Minister referred to in paragraph (a)) to inspect, any core, cutting or sample so referred to.\n\t(6a)\tThis section applies to the following documents:\n\t(a)\tan application made to the Minister under this Act or a document accompanying such an application;\n\t(b)\ta report, return or other document relating to a block that has been furnished to the Minister under this Act.\n\t(7)\tIn this section, a reference to a core, cutting or sample includes a reference to a portion of a core, cutting or sample.\n\t(8)\tFor the purposes of this section—\n\t(a)\tcores and cuttings, and well data, logs, sample descriptions and other documents, relating to the drilling of a well, shall be deemed to have been furnished to the Minister not later than one month after the drilling of the well was, in the opinion of the Minister, substantially completed; and\n\t(b)\tgeophysical or geochemical data relating to geophysical or geochemical surveys shall be deemed to have been furnished to the Minister not later than one year after the geophysical or geochemical field work was, in the opinion of the Minister, substantially completed.\n\t(9)\tIn this section a reference to a Minister of State of another State includes a reference to a Minister of State of the Northern Territory.\n\t(10)\tSubsections (2) and (5a) apply to information contained in a document to which this section applies that was furnished to the Minister before or after the commencement of the Petroleum (Submerged Lands) Act Amendment Act 1987.\n\t(11)\tSubsection (3) applies to cores, cuttings and samples furnished to the Minister before or after the commencement of the Petroleum (Submerged Lands) Act Amendment Act 1987.\n118—Safety zones\n\t(1)\tFor the purpose of protecting a well or structure, or any equipment, in the adjacent area, the Minister may, by instrument published in the Gazette, prohibit—\n\t(a)\tall vessels; or\n\t(b)\tall vessels other than specified vessels; or\n\t(c)\tall vessels other than the vessels included in specified classes of vessels,\nfrom entering or remaining in a specified area (in this section called a safety zone) surrounding the well, structure or equipment without the consent in writing of the Minister.\n\t(2)\tA safety zone specified in an instrument under subsection (1) may extend to a distance of 500 metres around the well, structure or equipment specified in the instrument measured from each point of the outer edge of the well, structure or equipment.\n\t(3)\tWhere a vessel enters or remains in a safety zone specified in an instrument under subsection (1) in contravention of the instrument, the owner and the person in command or in charge of the vessel are each guilty of an offence against this section and are punishable, upon conviction, by a penalty of a fine not exceeding $100 000 or imprisonment for a term not exceeding ten years, or both.\n119—Discovery and use of water\nWhere water is discovered in a permit area, a lease area or a licence area, the permittee, lessee or licensee, as the case may be, shall, within a period of one month after the date of the discovery, furnish to the Minister in writing particulars of the discovery.\n120—Survey of wells etc\n\t(1)\tThe Minister may, at any time, by instrument in writing served on a permittee, lessee or licensee, direct the permittee, lessee or licensee—\n\t(a)\tto carry out a survey of the position of the well, structure or equipment specified in the instrument; and\n\t(b)\tto furnish to him a report in writing of the survey.\n\t(2)\tWhere the Minister is not satisfied with a report of a survey furnished to him under subsection (1) by a permittee, lessee or licensee, he may, by instrument in writing served on the permittee, lessee or licensee, direct the permittee, lessee or licensee to furnish further information in writing in connection with the survey.\n\t(3)\tA person to whom a direction is given under subsection (1) or (2) shall comply with the direction.\n121—Records etc to be kept\n\t(1)\tThe Minister may, by instrument in writing served on a person carrying on operations in the adjacent area under a permit, lease, licence, pipeline licence, special prospecting authority, access authority or instrument of consent under section 122, direct that person to do any one or more of the following things:\n\t(a)\tto keep such accounts, records and other documents in connection with those operations as are specified in the instrument; and\n\t(b)\tto collect and retain such cores, cuttings and samples in connection with those operations as are so specified; and\n\t(c)\tto furnish to the Minister, or to such person as is so specified, in the manner so specified, such reports, returns, other documents, cores, cuttings and samples in connection with those operations as are so specified.\n122—Scientific investigations\n\t(1)\tThe Minister may, by instrument in writing, consent to the carrying on in the adjacent area by any person of petroleum exploration operations in the course of a scientific investigation.\n\t(2)\tAn instrument of consent under subsection (1) may be made subject to such conditions, if any, as are specified in the instrument.\n\t(3)\tAn instrument of consent in force under subsection (1) authorises the person specified in the instrument, subject to section 123 and in accordance with the conditions, if any, to which the instrument is subject, to carry on, in the adjacent area, petroleum exploration operations so specified in the course of the scientific investigation so specified.\n123—Interference with other rights\nA person carrying on operations in the adjacent area under a permit, lease, licence, pipeline licence, special prospecting authority, access authority or instrument of consent under section 59(2) or (3) or under section 122 shall carry on those operations in a manner that does not interfere with—\n\t(a)\tnavigation; or\n\t(b)\tfishing; or\n\t(c)\tthe conservation of the resources of the sea and sea-bed; or\n\t(d)\tany operations of another person being lawfully carried on by way of exploration for, recovery of or conveyance of a mineral, whether petroleum or not, or by way of construction or operation of a pipeline,\nto a greater extent than is necessary for the reasonable exercise of the rights and performance of the duties of that firstmentioned person.\n124—Inspectors\n\t(1)\tThe Minister may, by instrument in writing, appoint a person to be an inspector for the purposes of this Act.\n\t(2)\tThe Minister may furnish to an inspector a certificate stating that he is an inspector for the purposes of this Act.\n\t(3)\tWhere the appointment of a person under this section expires or is revoked, that person shall forthwith surrender the certificate furnished to him under this section to the Minister or, if the Minister, by instrument in writing served on that person, specifies another person to whom the certificate is to be surrendered, to that other person.\nMaximum penalty: $500.\n125—Powers of inspectors\n\t(1)\tFor the purposes of this Act, an inspector, at all reasonable times and on production of the certificate furnished to him under section 124—\n\t(a)\tshall have access to any part of the adjacent area and to any structure, ship, aircraft or building in that area that, in his opinion, has been, is being or is to be used in connection with petroleum exploration operations, operations for the recovery of petroleum or operations connected with the construction or operation of a pipeline in that area; and\n\t(b)\tmay inspect and test any equipment that, in his opinion, has been, is being or is to be used in that area in connection with any of those operations; and\n\t(c)\tmay enter any structure, ship, aircraft, building or place in that area or in the State, in which, in his opinion, there are any documents relating to any of those operations and may inspect, take extracts from and make copies of any of those documents.\n\t(2)\tA person who is the occupier or person in charge of any building, structure or place, or is the person in charge of any ship, aircraft or equipment referred to in subsection (1), shall provide an inspector with all reasonable facilities and assistance for the effective exercise of his powers under this section.\n\t(3)\tA person shall not, without reasonable excuse, obstruct or hinder an inspector in the exercise of his powers under this section.\n126—Property in petroleum\nSubject to this Act and to any rights of other persons, upon recovery of any petroleum by a permittee, lessee or licensee in the permit area, lease area or licence area, the petroleum becomes the property of the permittee, lessee or licensee.\n127—Suspension of right conferred by permit\n\t(1)\tWhere the Minister is satisfied that it is necessary to do so in the public interest, he shall, by instrument in writing served on the permittee or lessee, suspend, either for a specified period or indefinitely, all or any of the rights conferred by the permit or lease.\n\t(2)\tWhere any rights are suspended in accordance with subsection (1), any conditions required to be complied with in the exercise of those rights are also suspended.\n\t(3)\tThe Minister may, by instrument in writing served on the permittee or lessee, terminate a suspension of rights under subsection (1).\n\t(4)\tWhere rights conferred by a permit or lease are suspended in accordance with subsection (1), the Minister may, by the instrument of suspension or by a later instrument in writing served on the permittee or lessee, extend the term of the permit or lease by a period not exceeding the period of the suspension.\n128—Certain payments to be made by State to Commonwealth\nThe Treasurer shall, not later than the last day of each month of the year, pay to the Commonwealth amounts ascertained in accordance with the formula—\n\nwhere—\nA is the amount of royalty payable under this Act, together with the amount, if any, payable under this Act by reason of late payment of that royalty, by a permittee, lessee or licensee in respect of petroleum recovered in the adjacent area under the permit, lease or licence and received by the Minister during the preceding month; and\nB is the percentage rate at which royalty is payable under this Act by the permittee, lessee or licensee in respect of that petroleum,\nand the Consolidated Account is hereby, to the necessary extent, appropriated accordingly.\n129—Determination to be disregarded in certain cases\nWhere a determination has been made by the Minister under section 143 in relation to a well, that determination shall be disregarded in ascertaining the value of B for the purposes of section 128.\n130—Continuing offences\n\t(1)\tWhere an offence is committed by a person by reason of his failure to comply, within the period specified in a direction given to him under this Act, with the requirements specified in the direction, the offence, for the purposes of subsection (3), shall be deemed to continue so long as any requirement specified in the direction remains undone, notwithstanding that the period has elapsed.\n\t(2)\tWhere an offence is committed by a person by reason of his failure to comply with a requirement made by this Act, the offence, for the purposes of subsection (3), shall be deemed to continue so long as that failure continues, notwithstanding that any period within which the requirement was to be complied with has elapsed.\n\t(3)\tWhere, under subsection (1) or (2), an offence is to be deemed to continue, the person who committed the offence commits an additional offence against this Act on each day during which the offence is to be deemed to continue and is liable, upon conviction for such an additional offence, to a fine not exceeding $10 000.\n131—Persons concerned in commission of offences\nA person who by act or omission is in any way directly or indirectly knowingly concerned in, or party to, the commission of any offence against this Act shall be deemed to have committed that offence and shall be punishable accordingly.\n133—Orders for forfeiture in respect of certain offences\n\t(1)\tWhere a person is convicted of an offence against section 18, 38 or 59 the Court may, in addition to imposing a penalty, make one or more of the following orders:\n\t(a)\tan order for the forfeiture of a specified aircraft or vessel used in the commission of the offence; and\n\t(b)\tan order for the forfeiture of specified equipment used in the commission of the offence; and\n\t(c)\tan order—\n\t(i)\tfor the forfeiture of specified petroleum recovered, or conveyed through a pipeline, as the case may be, in the course of the commission of the offence; or\n\t(ii)\tfor the payment by that person to the State of an amount equal to the proceeds of the sale of specified petroleum so recovered or conveyed; or\n\t(iii)\tfor the payment by that person to the State of an amount equal to the value at the well-head, assessed by the Court, of the quantity, so assessed, of petroleum so recovered or conveyed or for the payment of such part of that amount as the Court, having regard to all the circumstances, thinks fit.\n\t(2)\tWhere the Court is satisfied that an order made under subsection (1)(c)(i) cannot, for any reason, be enforced, the Court may, upon the application of the person by whom the proceedings were brought, set aside the order and make either of the orders referred to in subsection (1)(c)(ii) or (iii).\n\t(3)\tThe Court may, before making an order under this section, require notice to be given to, and hear, such persons as the Court thinks fit.\n134—Disposal of forfeited goods\nGoods in respect of which an order is made under section 133 shall be dealt with as the Attorney-General directs and, pending his direction, may be detained in such custody as the Court directs.\n135—Time for bringing proceedings for offences\nProceedings in respect of an offence against this Act (being an offence arising under this Part) may be brought at any time.\n136—Judicial notice\n\t(1)\tAll courts shall take judicial notice of the signature of a person who is, or has been, the Minister or a delegate of the Minister and of the fact that that person is, or has been, the Minister or a delegate of the Minister.\n\t(2)\tIn this section—\ncourt includes all persons authorised by the law of the State or by consent of parties to receive evidence.\n137—Service\n\t(1)\tA document required or permitted by this Act to be served on a person other than the Minister or a corporation shall be served—\n\t(a)\tby delivering the document to that person personally; or\n\t(b)\tby prepaying and posting the document as a letter addressed to that person at his last known place of residence or business or, if he is carrying on business at two or more places, at one of those places; or\n\t(c)\tby leaving the document at the last known place of residence of that person with some person apparently a resident of that place and apparently not less than sixteen years of age; or\n\t(d)\tby leaving the document at the last known place of business of that person, or if he is carrying on business at two or more places, at one of those places, with some person apparently in the service of that person and apparently not less than sixteen years of age.\n\t(2)\tA document required or permitted by this Act to be served on the Minister shall be served—\n\t(a)\tby prepaying and posting the document as a letter addressed to the Minister at a place of business of the Minister; or\n\t(b)\tby leaving it at a place of business of the Minister with some person apparently employed in connection with the business of the Minister and apparently not less than sixteen years of age.\n\t(3)\tA document required by this Act to be served upon a person, being a corporation, shall be served—\n\t(a)\tby prepaying and posting the document as a letter addressed to the corporation at its last known place of business or, if it is carrying on business at two or more places, at one of those places; or\n\t(b)\tby leaving it at that place, or at one of those places, with some person apparently in the service of the corporation and apparently not less than sixteen years of age.\n137A—Service of documents on two or more permittees etc\n\t(1)\tWhere there are two or more registered holders of a title or special prospecting authority, those registered holders may, by notice in writing signed by each of them and served on the Minister, nominate one of the registered holders as being the person on whom documents relating to the title or special prospecting authority that are required or permitted by this Act to be served may be served.\n\t(2)\tSubject to subsections (3) and (4), where—\n\t(a)\ta document relating to a title or special prospecting authority is required or permitted by this Act to be served on the registered holder; and\n\t(b)\tthere are two or more registered holders of the title or special prospecting authority; and\n\t(c)\tthe document is served on a person in respect of whom a nomination under subsection (1) is in force in relation to the title or special prospecting authority,\nthe document shall be deemed to have been served on each of those registered holders.\n\t(a)\ta person has been nominated under subsection (1) in relation to a title or special prospecting authority; and\n\t(b)\tone of the registered holders of the title or special prospecting authority, by notice in writing served on the Minister, revokes that nomination,\nthat nomination ceases to be in force.\n\t(a)\ta person has been nominated under subsection (1) in relation to a title or special prospecting authority; and\n\t(b)\tthe person so nominated ceases to be one of the registered holders of the title or special prospecting authority,\nthat nomination ceases to be in force.\ntitle means a permit, lease, licence, pipeline licence or access authority.\n","sortOrder":9},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Powers of authorised persons","content":"Division 6A—Powers of authorised persons\n137B—Interpretation\n\t(1)\tIn this Division, unless the contrary intention appears—\nauthorised person means—\n\t(a)\ta member of the South Australian police force; or\n\t(b)\ta person, or a person included in a class of persons, authorised to perform duties under this Division in accordance with subsection (2);\nexempt vessel, in relation to a safety zone, means a vessel—\n\t(a)\tthat is excluded from the operation of section 118 in relation to that safety zone by virtue of the instrument establishing the safety zone; or\n\t(b)\tin respect of which there is in force a consent in writing of the Minister under section 118(1) in relation to that safety zone;\nGovernment vessel means a vessel that is beneficially owned by, or a vessel the whole possession and control of which is for the time being vested in, South Australia, another State, the Commonwealth, or a Territory of the Commonwealth or an authority of South Australia, another State, the Commonwealth or a Territory of the Commonwealth;\nmaster, in relation to a vessel, means the person having command or charge of the vessel;\nrelevant vessel means a vessel—\n\t(a)\tthat is registered under the Shipping Registration Act 1981 of the Commonwealth and the gross tonnage of which specified in the certificate of registration of the vessel exceeds 200; or\n\t(b)\tthat is not registered under the Shipping Registration Act 1981 of the Commonwealth but is permitted to be registered under that Act (other than a vessel that, under the law of another country, is entitled to fly the flag of that country and is flying that flag), being a vessel the tonnage length of which is equal to or exceeds 24 metres; or\n\t(c)\tnot being a vessel to which paragraph (a) or (b) applies, that is in the adjacent area for the purpose of exploring the sea-bed or subsoil of the adjacent area for petroleum or minerals or for the purpose of exploiting the natural resources, being petroleum or minerals, of that sea-bed or subsoil,\nbut does not include a Government vessel;\nsafety zone means an area that is a safety zone for the purposes of section 118.\n\t(2)\tThe Minister may, by notice published in the Gazette, authorise a person, or a person included in a specified class of persons, to perform duties under this Division.\n\t(3)\tThe reference in the definition of Government vessel in subsection (1) to an authority of South Australia, another State, the Commonwealth or a Territory of the Commonwealth shall be read as a reference to a body corporate established for a public purpose by or under a law of South Australia, another State, the Commonwealth or a Territory of the Commonwealth, as the case may be, other than—\n\t(b)\tthe Western Australian Coastal Shipping Commission; or\n\t(c)\tthe Transport Commission established under the Transport Act 1938 of Tasmania; or\n\t(d)\ta body corporate that is declared by regulations made under the Shipping Registration Act 1981 of the Commonwealth not to be a Government authority for the purposes of that Act.\n\t(4)\tFor the purposes of this Division, the tonnage length of a ship shall be determined in the same manner as it is determined for the purposes of the Shipping Registration Act 1981 of the Commonwealth.\n137C—Powers of authorised persons\n\t(1)\tSubject to subsection (3), an authorised person may—\n\t(a)\tboard a vessel that the person has reasonable grounds to believe has been used, is being used or is about to be used in contravention of section 118; or\n\t(b)\twhere the person has boarded a vessel in the exercise of powers under paragraph (a)—\n\t(i)\trequire any person on board the vessel to answer questions relating to the vessel or to the movements of the vessel; or\n\t(ii)\trequire the master of the vessel to state whether there is in force in respect of the vessel a consent under section 118(1) and, if so, to produce the consent; or\n\t(iii)\tif the vessel is registered under the Shipping Registration Act 1981 of the Commonwealth—require the master of the vessel to produce the certificate of registration of the vessel; or\n\t(iv)\tsearch the vessel for any documents relating to the vessel or to the movements of the vessel; or\n\t(c)\trequire the master of a vessel, being a vessel that is in a safety zone and that is not an exempt vessel in relation to the safety zone, to take the vessel outside the safety zone; or\n\t(d)\trequire the master of a disabled vessel—\n\t(i)\tthat is in a safety zone; or\n\t(ii)\tthat is, or that the authorised person has reasonable grounds to believe is, a relevant vessel and that the person has reasonable grounds to believe is likely to cause damage to any well, pipeline, structure or equipment in the safety zone,\nto permit the vessel to be towed away from the safety zone or to accept the giving of such other assistance to the vessel as the person considers necessary; or\n\t(e)\tdetain a vessel that the person has reasonable grounds to believe has been used in contravention of section 118.\n\t(2)\tA person shall not—\n\t(a)\tfail to facilitate by all reasonable means the boarding of a vessel by an authorised person pursuant to subsection (1); or\n\t(b)\trefuse to allow a search that is authorised under subsection (1) to be made by an authorised person; or\n\t(c)\trefuse or neglect to comply with a requirement made by an authorised person under subsection (1); or\n\t(d)\twhen an authorised person requires the person to give information, pursuant to the powers of the authorised person under subsection (1)—give information that is, to the knowledge of the person, false or misleading in a material particular; or\n\t(e)\tresist or obstruct an authorised person who is acting pursuant to subsection (1).\n\t(3)\tThe powers of an authorised person in relation to a vessel under subsection (1)(a), (b) and (e) shall not be exercised except—\n\t(a)\tpursuant to a warrant issued under section 137D; or\n\t(b)\tafter obtaining the consent of the master of the vessel; or\n\t(c)\tin circumstances of seriousness and urgency, in accordance with section 137E.\n137D—Search warrants\n\t(1)\tWhere an information on oath is laid before a magistrate alleging that there are reasonable grounds to believe that a vessel has been used, is being used or is about to be used in contravention of section 118, and the information sets out those grounds and identifies the vessel, a magistrate may issue a warrant authorising an authorised person named in the warrant, with such assistance as the authorised person thinks necessary, to exercise all or any of the powers referred to in section 137C(1)(a), (b) and (e) in relation to that vessel.\n\t(2)\tA magistrate shall not issue a warrant under subsection (1) unless—\n\t(a)\tthe informant or some other person has given to the magistrate either orally or by affidavit such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and\n\t(b)\tthe magistrate is satisfied that there are reasonable grounds for issuing the warrant.\n\t(3)\tA warrant shall—\n\t(a)\tspecify the purpose for which the warrant is issued; and\n\t(b)\tset out a description of the vessel in relation to which the warrant is issued; and\n\t(c)\tspecify a day, not being later than 7 days after the day on which the warrant is issued, as being the day on which the warrant ceases to have effect.\n\t(4)\tIn this section—\nmagistrate includes a justice of the peace.\n137E—Exercise of powers in serious circumstances\nAn authorised person may exercise, in relation to a vessel, all or any of the powers referred to in section 137C(1)(a), (b) and (e) where—\n\t(a)\tthe authorised person has reasonable grounds to believe that—\n\t(i)\tthe vessel has been used, is being used or is about to be used in contravention of section 118; or\n\t(ii)\tthe exercise of those powers is necessary to prevent damage being caused to any well, pipeline, structure or equipment in a safety zone; and\n\t(b)\tthe circumstances are of such a serious nature as to require and justify the immediate exercise of those powers without the authority of a warrant issued under section 137D.\n","sortOrder":10},{"sectionNumber":"Div 7","sectionType":"division","heading":"Fees and royalties","content":"Division 7—Fees and royalties\n138—Fees\nA person who is a permittee, lessee, licensee or pipeline licensee must pay to the Minister in respect of each year of the term of the permit, lease, licence or pipeline licence the fee prescribed in relation to the permit, lease, licence or pipeline licence.\n141—Time for payment of fees\nA fee under section 138 is payable within one month after—\n\t(a)\tin the case of the first year of the term of the permit, lease, licence or pipeline licence—the day on which that term commenced; and\n\t(b)\tin the case of a year of the term of the permit, lease, licence or pipeline licence other than the first—the anniversary of that day.\n142—Royalty\n\t(1)\tA permittee, lessee or licensee shall, subject to this Division, pay to the Minister royalty at the prescribed rate in respect of all petroleum recovered by the permittee, lessee or licensee in the permit area, lease area or licence area.\n\t(2)\tSubject to the succeeding provisions of this section and the provisions of section 143 the prescribed rate in respect of petroleum recovered under a permit, lease or licence is ten per centum of the value at the well-head of the petroleum.\n\t(3)\tThe prescribed rate in respect of petroleum recovered under a secondary licence is the percentage determined by the Minister in pursuance of section 41(1) in respect of petroleum so recovered.\n\t(4)\tWhere a secondary licence is granted to the holder of a primary licence, the prescribed rate in respect of petroleum recovered under the primary licence is, as from the commencement of the next royalty period after the day from which the secondary licence has effect, the same percentage as is applicable in respect of petroleum recovered under the secondary licence.\n\t(a)\ta licence is granted on an application under section 46; and\n\t(b)\tthe instrument served on the applicant under section 48 contains a statement that the applicant will be required to pay, in respect of petroleum recovered under that licence, royalty at the rate specified in that statement,\nthe prescribed rate in respect of petroleum recovered under that licence is the percentage specified in that statement.\n\t(6)\tWhere a licence is granted on an application under section 50(1), the prescribed rate in respect of petroleum recovered under that licence is the same percentage as was applicable in respect of petroleum recovered under the original licence as defined by that subsection.\n\t(7)\tThe prescribed rate in respect of petroleum recovered in the licence area referred to in a licence granted by way of renewal of a licence is the percentage that would be the prescribed rate if the licence so granted were the continuation in force of the previous licence.\n\t(8)\tA reference in this section or in a permit, lease or licence to royalty at the prescribed rate or royalty at the rate that is for the time being the prescribed rate shall be read as a reference to royalty at the rate that is or was the prescribed rate applicable in accordance with the provisions of this Act as in force from time to time.\n143—Reduction of royalty in certain cases\n\t(1)\tWhere the Minister is satisfied that the rate of recovery of petroleum from a well has become so reduced that, having regard to the rate or rates of royalty applicable under section 142, further recovery of petroleum from that well would be uneconomic, the Minister may, by instrument in writing, determine that the royalty in respect of all or any of the petroleum recovered from that well on or after a date specified in the determination shall be at such rate (being a rate lower than the rate that would be applicable under section 142) as the Minister specifies.\n\t(2)\tThe prescribed rate in respect of petroleum to which a determination under subsection (1) is applicable is the rate specified in the determination.\n\t(3)\tThe Minister may, by instrument in writing, revoke or vary a determination under subsection (1) and the revocation or variation applies to petroleum recovered on or after such date as is specified in the instrument.\n144—Royalty not payable in certain cases\n\t(1)\tRoyalty under this Act—\n\t(a)\tis not payable in respect of petroleum that the Minister is satisfied was unavoidably lost before the quantity of that petroleum was ascertained; and\n\t(b)\tis not payable in respect of petroleum that is used by the permittee, lessee or licensee, as approved by the Minister, for the purposes of petroleum exploration operations or operations for the recovery of petroleum; and\n\t(c)\tis not payable in respect of petroleum that, with the approval of the Minister, is flared or vented in connection with operations for the recovery of petroleum.\n\t(2)\tWhere petroleum that has been recovered by a permittee, lessee or licensee is, with the approval of the Minister, returned to a natural reservoir, royalty under this Act is not payable in respect of that petroleum by reason of that recovery but this subsection does not affect the liability of that or any other permittee, lessee or licensee to pay royalty in respect of petroleum that is recovered from that natural reservoir.\n145—Ascertainment of well-head\nFor the purposes of this Act, the well-head, in relation to any petroleum, is such valve station as is agreed between the permittee, lessee or licensee and the Minister or, in default of agreement within such period as the Minister allows, is such valve station as is determined by the Minister as being that well-head.\n146—Ascertainment of value\nFor the purposes of this Act, the value at the well-head of any petroleum is such amount as is agreed between the permittee, lessee or licensee and the Minister or, in default of agreement within such period as the Minister allows, is such amount as is determined by the Minister as being that value.\n147—Ascertainment of quantity of petroleum recovered\nFor the purposes of this Act, the quantity of petroleum recovered by a permittee, lessee or licensee from a well during a period shall be taken to be—\n\t(a)\tthe quantity measured during that period by a measuring device approved by the Minister and installed at the well-head or at such other place as the Minister approves; or\n\t(b)\twhere no such measuring device is so installed, or the Minister is not satisfied that the quantity of petroleum recovered by the permittee, lessee or licensee from that well has been properly or accurately measured by such a measuring device—the quantity determined by the Minister as being the quantity recovered by the permittee, lessee or licensee from that well during that period.\n148—Payment of royalty\nRoyalty under this Act in respect of petroleum recovered during a royalty period is payable not later than the last day of the next succeeding royalty period.\n148A—Provisional payment of royalty\n\t(1)\tWhere, in relation to petroleum recovered during a royalty period, the value of the petroleum has not been agreed or determined under section 146, the Minister may determine a provisional value.\n\t(a)\ta provisional value of any petroleum has been determined under subsection (1); and\n\t(b)\tthe value of that petroleum has not yet been agreed or determined under section 146,\nthis Act operates in relation to that petroleum as if—\n\t(c)\tthe provisional value of the petroleum were its value; and\n\t(d)\tthe determination of the provisional value were an agreement or determination under section 146.\n148B—Adjustment of payments of royalty\n\t(1)\tThis section applies—\n\t(a)\twhere section 148A(2) has operated in relation to petroleum recovered during a royalty period and a value of the petroleum different to the provisional value is subsequently agreed or determined under section 146; or\n\t(b)\twhere an error has been made in the calculation of royalty due or in the application of a procedure by the application of which the value of the petroleum has been ascertained.\n\t(2)\tWhere this section applies—\n\t(a)\tif the determined royalty is greater than the provisional royalty, the difference is payable within 28 days; and\n\t(b)\tif the determined royalty is less than the provisional royalty, the difference is deducted from any amount subsequently payable by the lessee, permittee or licensee concerned.\n\t(3)\tIn this section—\ndetermined royalty means—\n\t(a)\twhere subsection (1)(a) applies, the amount of royalty payable in relation to the petroleum on the basis of the value ascertained under section 146; and\n\t(b)\twhere subsection (1)(b) applies, the amount of royalty payable in relation to the petroleum;\nprovisional royalty means—\n\t(a)\twhere subsection (1)(a) applies, the amount of royalty payable in relation to the petroleum on the basis of the provisional value; and\n\t(b)\twhere subsection (1)(b) applies, the amount of royalty demanded in relation to the petroleum as a result of the erroneous calculation.\n149—Penalty for late payment\n\t(1)\tWhere a fee or an amount of royalty under this Act is not paid under this Division at or before the time when the fee or the amount of royalty is payable there is payable to the Minister by the permittee, lessee, licensee or pipeline licensee an additional amount calculated at the rate of one-third of one per centum per day upon the amount of the fee or royalty from time to time remaining unpaid to be computed from the time when the amount became payable until it is paid.\n\t(2)\tAn additional amount in respect of royalty is not payable under subsection (1) in respect of any period before the expiration of seven days after the value of the petroleum was agreed or determined under section 146.\n150—Fees and penalties debts due to State\nA fee royalty or other amount payable under this Division is a debt due by the permittee, lessee, licensee or pipeline licensee to the State and is recoverable in a court of competent jurisdiction.\n","sortOrder":11},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Occupational health and safety","content":"Part 3A—Occupational health and safety\n150A—Definitions\nIn this Part—\nBoard means the National Offshore Petroleum Safety Authority Board under the Commonwealth Act;\nCEO means the Chief Executive Officer of the Safety Authority;\nfacility has the same meaning as in Schedule 7;\noffshore petroleum operations means any operations (including diving operations) that—\n\t(a)\trelate to—\n\t(i)\tthe exploration for petroleum; or\n\t(ii)\tthe recovery, processing, storage, offloading or piped conveyance of petroleum; and\n\t(b)\tif the operations are diving operations—take place in the adjacent area; and\n\t(c)\tif the operations are not diving operations—take place at a facility.\n150B—Occupational health and safety\n","sortOrder":12},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"has effect.","content":"Schedule 7 has effect.\n150C—Listed OHS laws\nThe following provisions are the listed OHS laws for the purposes of this Act—\n\t(a)\tSchedule 7;\n\t(b)\tregulations made for the purposes of Schedule 7;\n\t(c)\tregulations made for the purposes of section 150D;\n\t(d)\tany other regulations relating to occupational health and safety matters that are prescribed for the purposes of this paragraph.\n150D—Regulations relating to occupational health and safety\n\t(1)\tThe regulations may make provision in relation to the occupational health and safety of persons at or near a facility who are under the control of a person who is carrying on an operation.\n\t(2)\tWithout limiting subsection (1), regulations for the purpose of that subsection may—\n\t(a)\trequire a person who is carrying on an operation to establish and maintain a system of management to secure the occupational health and safety of persons referred to in that subsection; and\n\t(b)\tspecify requirements with which the system must comply.\nDivision 2—Functions and powers of the Safety Authority\n150E—Safety Authority's functions\nThe Safety Authority has the following functions:\n\t(a)\tthe functions conferred on it by or under this Act in relation to offshore petroleum operations;\n\t(b)\tto promote the occupational health and safety of persons engaged in offshore petroleum operations;\n\t(c)\tto develop and implement effective monitoring and enforcement strategies to secure compliance by persons with their occupational health and safety obligations under this Act and the regulations;\n\t(d)\tto—\n\t(i)\tinvestigate accidents, occurrences and circumstances that affect, or have the potential to affect, the occupational health and safety of persons engaged in offshore petroleum operations; and\n\t(ii)\tto report, as appropriate, to the Minister and the Commonwealth Minister on those investigations;\n\t(e)\tto advise persons, either on its own initiative or on request, on occupational health and safety matters relating to offshore petroleum operations;\n\t(f)\tto make reports, including recommendations, to—\n\t(ii)\tthe Commonwealth Minister,\non issues relating to the occupational health and safety of persons engaged in offshore petroleum operations;\n\t(g)\tto co-operate with—\n\t(i)\tthe Minister and State agencies having functions relating to offshore petroleum operations; and\n\t(ii)\tother Commonwealth agencies having functions relating to offshore petroleum operations.\n150F—Safety Authority's ordinary powers\n\t(1)\tThe Safety Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\t(2)\tThe Safety Authority's powers include, but are not limited to, the following powers:\n\t(a)\tthe power to acquire, hold and dispose of real and personal property;\n\t(b)\tthe power to enter into contracts;\n\t(c)\tthe power to lease the whole or any part of any land or building for the purposes of the Safety Authority;\n\t(d)\tthe power to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Safety Authority;\n\t(e)\tthe power to conduct research and development projects and to cooperate with others in such projects;\n\t(f)\tthe power to apply for and hold patents and exploit patents;\n\t(g)\tthe power to do anything incidental to any of its functions.\n150G—Judicial notice of seal\nAll courts, judges and persons acting judicially must—\n\t(a)\ttake judicial notice of the imprint of the seal of the Safety Authority appearing on a document; and\n\t(b)\tpresume that the document was duly sealed.\nDivision 3—Safety Authority Board\n150H—Functions of the Board\n\t(1)\tThe Board has the following functions:\n\t(a)\tto give advice, and make recommendations, to the CEO about the operational policies and strategies to be followed by the Safety Authority in the performance of its functions;\n\t(b)\tto give advice, and make recommendations, to—\n\t(ii)\tthe Commonwealth Minister; and\n\t(iii)\tinterstate Ministers; and\n\t(iv)\tthe body known as the Ministerial Council on Mineral and Petroleum Resources,\nabout either or both of the following:\n\t(v)\tpolicy or strategic matters relating to the occupational health and safety of persons engaged in offshore petroleum operations;\n\t(vi)\tthe performance by the Safety Authority of its functions;\n\t(c)\tany other functions specified in a written notice given by the Commonwealth Minister to the Chair of the Board.\n\t(2)\tAs soon as practicable after the Board gives advice, or makes recommendations, under subsection (1)(b) to—\n\t(a)\tthe Minister; or\n\t(b)\tan interstate Minister; or\n\t(c)\tthe body known as the Ministerial Council on Mineral and Petroleum Resources,\nthe Board must give the Commonwealth Minister a written copy of that advice or those recommendations.\n150I—Powers of the Board\nThe Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n150J—Validity of decisions\nThe performance of the functions, or the exercise of the powers, of the Board is not affected only because of there being a vacancy or vacancies in the membership of the Board.\nDivision 4—CEO and staff of the Safety Authority\n150K—CEO acts for Safety Authority\nAnything done by the CEO in the name of the Safety Authority or on the Safety Authority's behalf is taken to have been done by the Safety Authority.\n150L—Working with the Board\n\t(1)\tThe CEO must request the Board's advice on strategic matters relating to the performance of the Safety Authority's functions.\n\t(2)\tThe CEO must have regard to the advice given to him or her by the Board (whether or not the advice was given in response to a request).\n\t(3)\tThe CEO must—\n\t(a)\tkeep the Board informed of the Safety Authority's operations; and\n\t(b)\tgive the Board any reports, documents and information in relation to those operations that the Chair of the Board requires.\n150M—Delegation\n\t(1)\tAn officer or employee of this State, or of a public authority of this State, may perform any function and exercise any power delegated to him or her by the CEO under the Commonwealth Act.\n\t(2)\tIn performing a function or exercising a power under the delegation, the delegate must comply with any directions of the CEO.\n150N—Secondments to the Safety Authority\nAn officer or employee of this State, or of a public authority of this State, may assist the Safety Authority in connection with the performance of any of its functions or the exercise of any of its powers under this Act, the Commonwealth Act or a corresponding law.\nDivision 5—Other Safety Authority provisions\n150O—Minister may require the Safety Authority to prepare reports or give information\n\t(1)\tThe Minister may, by written notice given to the Safety Authority, require the Safety Authority to—\n\t(a)\tprepare a report about one or more specified matters relating to the performance of the Safety Authority's functions or the exercise of the Safety Authority's powers; and\n\t(b)\tgive a copy of the report to—\n\t(ii)\teach interstate Minister; and\n\t(iii)\tthe Commonwealth Minister,\nwithin the period specified in the notice.\n\t(2)\tThe Minister may, by written notice given to the Safety Authority, require the Safety Authority to—\n\t(a)\tprepare a document setting out specified information relating to the performance of the Safety Authority's functions or the exercise of the Safety Authority's powers; and\n\t(b)\tgive a copy of the report to—\n\t(ii)\teach interstate Minister; and\n\t(iii)\tthe Commonwealth Minister,\nwithin the period specified in the notice.\n\t(3)\tThe Safety Authority must comply with a requirement under subsection (1) or (2).\n150P—Directions to the Safety Authority\n\t(1)\tThe Minister may request the Commonwealth Minister to give a direction to the Safety Authority that relates wholly or principally to the Safety Authority's operations in the adjacent area.\n\t(2)\tThe Commonwealth Minister must use his or her best endeavours to make a decision on the request within 30 days after receiving the request.\n\t(3)\tIf the Commonwealth Minister refuses the request, the Commonwealth Minister must give the Minister a written statement setting out the reasons for the refusal.\n\t(4)\tThe Safety Authority must comply with any direction given by the Commonwealth Minister under this section.\n150Q—Reviews of operations of Safety Authority\n\t(1)\tThe Minister must cause reviews to be conducted of the operations of the Safety Authority in relation to the adjacent area.\n\t(2)\tThe Minister must cause to be prepared a report of a review under subsection (1).\n\t(3)\tThe first review is to relate to the 3 year period beginning on 1 January 2005, and is to be completed within 6 months, or the longer period that the Minister allows, after the end of that 3 year period.\n\t(4)\tSubsequent reviews are to relate to successive 3 year periods, and must be completed within 6 months, or the longer period that the Minister allows, after the end of the 3 year period to which the review relates.\n\t(5)\tA review under this section may be conducted in conjunction with a review under the Commonwealth Act or a corresponding law (or both).\n\t(6)\tWithout limiting the matters to be covered by a review under subsection (1), the review must include an assessment of the effectiveness of the Safety Authority in bringing about improvements in the occupational health and safety of persons engaged in offshore petroleum operations.\n\t(7)\tThe Minister must cause a copy of the report of a review under subsection (1) to be tabled in each House of Parliament within 15 sitting days of that House after the report of the review is completed.\n\t(8)\tFor the purposes of this section, a review is completed when the report of the review is made available to the Minister.\n150R—Liability for acts and omissions\n\t(1)\tThis section applies to the following persons:\n\t(a)\tthe Safety Authority;\n\t(b)\tthe CEO;\n\t(c)\tan OHS inspector;\n\t(d)\ta person acting under the direction or authority of the Safety Authority or the CEO.\n\t(2)\tA person to whom this section applies is not personally liable for anything done or omitted to be done in good faith—\n\t(a)\tin the performance of a function under a listed OHS law; or\n\t(b)\tin the reasonable belief that the act or omission was in the performance of a function under a listed OHS law.\n","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Regulations","content":"Part 4—Regulations\n151—Regulations\n\t(1)\tThe Governor may make regulations not inconsistent with this Act prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\t(2)\tIn particular, but without limiting the generality of subsection (1), the regulations may prescribe and provide for the payment and recovery of fees (and provide for the waiver or refund of fees or parts of fees in specified circumstances) and may, in addition, make provision for securing, regulating, controlling or restricting all or any of the following matters:\n\t(a)\tthe exploration for petroleum and the carrying on of operations and the execution of works for that purpose; and\n\t(b)\tthe recovery of petroleum and the carrying on of operations and the execution of works for that purpose; and\n\t(c)\tconserving and preventing the waste of the natural resources, whether petroleum or otherwise, of the adjacent area; and\n\t(d)\tthe construction and operation of pipelines, water lines, secondary lines, pumping stations, tank stations or valve stations and the carrying on of operations, and the execution of works, for any of those purposes; and\n\t(e)\tthe construction, erection, maintenance, operation or use of installations or equipment; and\n\t(f)\tthe control of the flow or discharge, and the prevention of the escape, of petroleum, water or drilling fluid, or a mixture of water or drilling fluid with petroleum or any other matter; and\n\t(g)\tthe clean-up or other remedying of the effects of the escape of petroleum; and\n\t(h)\tthe prevention of damage to petroleum-bearing strata in an area, whether in the adjacent area or not, in respect of which a permit, lease or licence is not in force; and\n\t(i)\tthe keeping separate of—\n\t(i)\teach petroleum pool discovered in a permit area, lease area or licence area; and\n\t(ii)\teach source of water discovered in a permit area, lease area or licence area; and\n\t(j)\tthe prevention of water or other matter from entering a petroleum pool through wells; and\n\t(k)\tthe prevention of the waste or escape of petroleum or water from a pipeline, water line, secondary line, pumping station, tank station or valve station; and\n\t(l)\tthe maintaining in good condition and repair of all structures, equipment and other property in the adjacent area used or intended to be used for or in connection with the exploration for or the exploitation of petroleum in the adjacent area; and\n\t(m)\tthe removal from the adjacent area of structures, equipment and other property brought into the adjacent area for or in connection with exploration for or the exploitation of petroleum that are not used or intended to be used in connection with exploration for, or the exploitation of, petroleum in the adjacent area.\n\t(2a)\tThe regulations may apply, wholly or partially and with or without modification, regulations in force under an Act of another State, a Territory or the Commonwealth (as in force from time to time or as in force at a particular time) as regulations applying under this Act (and, in so applying such regulations, may provide for their citation for the purposes of the law of this State).\n\t(2aa)\tThe regulations may apply or adopt, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a body referred to in the regulation (as in force from time to time or as in force at a particular time).\n\t(2ab)\tAny regulations applying or adopting a regulation, code, standard, rule or other document may contain such incidental, supplementary or transitional provisions as appear to the Governor to be necessary.\n\t(2ac)\tThe regulations, or a regulation, code, standard, rule or other document applied or adopted by the regulations, may—\n\t(a)\trefer to or incorporate, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a particular body (as in force from time to time or as in force at a particular time); and\n\t(b)\tbe of general or limited application; and\n\t(c)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(d)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or any other prescribed person or authority.\n\t(2ad)\tIf—\n\t(a)\ta regulation, code, standard, rule or other document is applied or adopted by the regulations; or\n\t(b)\tthe regulations, or a regulation, code, standard, rule or other document applied or adopted by the regulations, refers to a code, standard, rule or other document prepared or published by a particular body,\nthen—\n\t(c)\ta copy of the regulation, code, standard, rule or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified by notice in the Gazette; and\n\t(d)\tin any legal proceedings, evidence of the contents of the regulation, code, standard, rule or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the regulation, code, standard, rule or other document.\n\t(2b)\tRegulations under this section may prohibit the doing of an act or thing either unconditionally or subject to conditions, including conditions requiring the grant, as prescribed by the regulations, of the consent or approval of a person specified in the regulations.\n\t(3)\tThe regulations may prescribe, in relation to the exploration for, and the exploitation of, the natural resources (being petroleum) of the adjacent area, matters for carrying out or giving effect to the Convention.\n\t(4)\tThe regulations may provide, in respect of an offence against the regulations, for the imposition of—\n\t(a)\ta fine not exceeding $10 000; or\n\t(b)\ta fine not exceeding that amount for each day on which the offence occurs.\n","sortOrder":14},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Convention on the Continental Shelf","content":"Schedule 2—Convention on the Continental Shelf\nThe States Parties to this Convention\nhave agreed as follows:\nARTICLE 1\t\nFor the purpose of these articles, the term \"continental shelf\" is used as referring (a) to the sea-bed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200 metres or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of the said areas; (b) to the sea-bed and subsoil of similar submarine areas adjacent to the coasts of islands.\nARTICLE 2\t\n\t1.\tThe coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources.\n\t2.\tThe rights referred to in paragraph 1 of this article are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities, or make a claim to the continental shelf, without the express consent of the coastal State.\n\t3.\tThe rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation.\n\t4.\tThe natural resources referred to in these articles consist of the mineral and other non-living resources of the sea-bed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the sea-bed or are unable to move except in constant physical contact with the sea-bed or the subsoil.\nARTICLE 3\t\nThe rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters as high seas, or that of the airspace above those waters.\nARTICLE 4\t\nSubject to its right to take reasonable measures for the exploration of the continental shelf and the exploitation of its natural resources, the coastal State may not impede the laying or maintenance of submarine cables or pipelines on the continental shelf.\nARTICLE 5\t\n\t1.\tThe exploration of the continental shelf and the exploitation of its natural resources must not result in any unjustifiable interference with navigation, fishing or the conservation of the living resources of the sea, nor result in any interference with fundamental oceanographic or other scientific research carried out with the intention of open publication.\n\t2.\tSubject to the provisions of paragraphs 1 and 6 of this article, the coastal State is entitled to construct and maintain or operate on the continental shelf installations and other devices necessary for its exploration and the exploitation of its natural resources, and to establish safety zones around such installations and devices and to take in those zones measures necessary for their protection.\n\t3.\tThe safety zones referred to in paragraph 2 of this article may extend to a distance of 500 metres around the installations and other devices which have been erected, measured from each point of their outer edge. Ships of all nationalities must respect these safety zones.\n\t4.\tSuch installations and devices, though under the jurisdiction of the coastal State, do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea of the coastal State.\n\t5.\tDue notice must be given of the construction of any such installations, and permanent means for giving warning of their presence must be maintained. Any installations which are abandoned or disused must be entirely removed.\n\t6.\tNeither the installations or devices, nor the safety zones around them, may be established where interference may be caused to the use of recognized sea lanes essential to international navigation.\n\t7.\tThe coastal State is obliged to undertake, in the safety zones, all appropriate measures for the protection of the living resources of the sea from harmful agents.\n\t8.\tThe consent of the coastal State shall be obtained in respect of any research concerning the continental shelf and undertaken there. Nevertheless the coastal State shall not normally withhold its consent if the request is submitted by a qualified institution with a view to purely scientific research into the physical or biological characteristics of the continental shelf, subject to the proviso that the coastal State shall have the right, if it so desires, to participate or to be represented in the research, and that in any event the results shall be published.\nARTICLE 6\t\n\t1.\tWhere the same continental shelf is adjacent to the territories of two or more States whose coasts are opposite each other, the boundary of the continental shelf appertaining to such States shall be determined by agreement between them. In the absence of agreement, and unless another boundary line is justified by special circumstances, the boundary is the median line, every point of which is equidistant from the nearest points of the baselines from which the breadth of the territorial sea of each State is measured.\n\t2.\tWhere the same continental shelf is adjacent to the territories of two adjacent States, the boundary of the continental shelf shall be determined by agreement between them. In the absence of agreement, and unless another boundary line is justified by special circumstances, the boundary shall be determined by application of the principle of equidistance from the nearest points of the baselines from which the breadth of the territorial sea of each State is measured.\n\t3.\tIn delimiting the boundaries of the continental shelf, any lines which are drawn in accordance with the principles set out in paragraphs 1 and 2 of this article should be defined with reference to charts and geographical features as they exist at a particular date, and reference should be made to fixed permanent identifiable points on the land.\nARTICLE 7\t\nThe provisions of these articles shall not prejudice the right of the coastal State to exploit the subsoil be means of tunnelling irrespective of the depth of water above the subsoil.\nARTICLE 8\t\nThis Convention shall, until 31st October, 1958, be open for signature by all States Members of the United Nations or of any of the specialized agencies, and by any other State invited by the General Assembly of the United Nations to become a party to the Convention.\nARTICLE 9\t\nThis Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.\nARTICLE 10\t\nThis Convention shall be open for accession by any States belonging to any of the categories mentioned in article 8. The instruments of accession shall be deposited with the Secretary-General of the United Nations.\nARTICLE 11\t\n\t1.\tThis Convention shall come into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.\n\t2.\tFor each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.\nARTICLE 12\t\n\t1.\tAt the time of signature, ratification or accession, any State may make reservations to articles of the Convention other than to articles 1 to 3 inclusive.\n\t2.\tAny Contracting State making a reservation in accordance with the preceding paragraph may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations.\nARTICLE 13\t\n\t1.\tAfter the expiration of a period of five years from the date on which this Convention shall enter into force, a request for the revision of this Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General of the United Nations.\n\t2.\tThe General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such request.\nARTICLE 14\t\nThe Secretary-General of the United Nations shall inform all States Members of the United Nations and the other States referred to in article 8—\n\t(a)\tof signatures to this Convention and of the deposit of instruments of ratification or accession, in accordance with articles 8, 9 and 10;\n\t(b)\tof the date on which this Convention will come into force, in accordance with article 11;\n\t(c)\tof requests for revision in accordance with article 13;\n\t(d)\tof reservations to this Convention, in accordance with article 12.\nARTICLE 15\t\nThe original of this Convention, of which the Chinese, English, French, Russian and Spanish Texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States referred to in article 8.\n\nIN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorised thereto by their respective Governments, have signed this Convention.\nDONE at Geneva, this twenty-ninth day of April, one thousand nine hundred and fifty-eight.\n(Here follow the signatures, on behalf of the parties to the Agreement, including Australia.)\n","sortOrder":15},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Area that includes the adjacent area","content":"Schedule 3—Area that includes the adjacent area\nThe area is bounded by a line that commences at a point that is the intersection of the coastline at mean low water by the boundary between the States of South Australia and Victoria and runs thence southerly along the meridian through that point to its intersection by the parallel of latitude 38° 10′ south, thence south-westerly along the geodesic to a point of latitude 38° 15′ south, longitude 140° 57′ east, thence south-westerly along the geodesic to a point of latitude 38° 26 south, longitude 140° 53′ east, thence south-westerly along the geodesic to a point of latitude 38° 35′ 30″ south, longitude 140° 44′ 37″ east, thence south-westerly along the geodesic to a point of latitude 38° 40′ 48″ south, longitude 140° 40′ 44″ east, thence south‑westerly along the geodesic to a point of latitude 44° south, longitude 136° 29′ east, thence westerly along the parallel of latitude 44° south to a point that is the intersection of that parallel by the meridian passing through the intersection of the coastline at mean low water by the boundary between the States of South Australia and Western Australia, being the meridian of longitude 129° east, thence northerly along that meridian to its intersection by the coastline at mean low water, thence along the coastline of South Australia at mean low water to the point of commencement.\n","sortOrder":16},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Scheme for transitional arrangements","content":"Schedule 4—Scheme for transitional arrangements\n1—Interpretation\n\t(1)\tIn this scheme—\nadjacent area under the Commonwealth Act means—\n\t(a)\tif the Petroleum (Submerged Lands) Act 1967 of the Commonwealth is in force—an adjacent area in respect of a State determined in accordance with section 5A of that Act; or\n\t(b)\tif the Petroleum (Submerged Lands) Act 1967 of the Commonwealth has been repealed and been re‑enacted (with or without modifications)—an area that, under the re‑enacted Act of the Commonwealth, corresponds to an adjacent area in respect of a State determined in accordance with section 5A of the repealed Act;\naltered arrangements means the arrangements agreed on between the commonwealth, the states and the northern territory with respect to the exploration for, and the exploitation of, the petroleum resources of certain submerged lands in lieu of the arrangements provided for by the agreement between the commonwealth and the states dated 16 October, 1967;\ncommencing day means the day on which the Petroleum (Submerged Lands) Amendment Act 1980 of the Commonwealth, or that Act as amended, comes into operation;\nCommonwealth jurisdiction means the areas comprised in the adjacent areas under the Commonwealth Act, as amended to give effect to the altered arrangements;\nnew permit means a permit that is to be deemed, under clause 2 of this scheme, to be in force on and after the commencing day;\nnew pipeline licence means a pipeline licence that is to be deemed, under clause 4 of this scheme, to be in force on and after the commencing day;\npipeline includes pumping stations, tank stations or valve stations related to a pipeline;\nState Act, in relation to a State, means the Act of that State that deals with the exploration for, and the exploitation of, the petroleum resources of submerged land and contains a Schedule substantially corresponding to this Schedule, and includes that Act as amended from time to time;\nState jurisdiction in relation to a State, means the area comprised in the adjacent area under the State Act of that State;\nsubsisting permit means an exploration permit for petroleum subsisting under the Commonwealth Act immediately before the commencing day, being a permit in respect of an area that is partly in the Commonwealth jurisdiction and partly in a State jurisdiction;\nsubsisting pipeline licence means a pipeline licence subsisting under the Commonwealth Act immediately before the commencing day, being a pipeline licence in respect of a pipeline that is, or is to be, partly in the Commonwealth jurisdiction and partly in the State jurisdiction.\n\t(2)\tReferences in this scheme to a State shall, unless the contrary intention appears, be read as including references to the Northern Territory.\n2—Subsisting permits to be deemed to be 2 permits\n\t(1)\tOn and after the commencing day but subject to the law relating to surrender, cancellation variation or suspension of permits, each subsisting permit shall be deemed to comprise 2 permits, being—\n\t(a)\ta permit under the Commonwealth Act, in respect of the portion of the permit area that is within the Commonwealth jurisdiction, for the balance of the period of the subsisting permit but otherwise in the same terms as the subsisting permit; and\n\t(b)\ta permit under the State Act, in respect of the portion of the permit area that is within the State jurisdiction of a State, for the balance of the period of the subsisting permit but otherwise in the same terms as the subsisting permit.\n\t(2)\tThe carrying out of work or the expenditure of money by the permittee in or in relation to the permit area of either of the new permits (whether before or after the commencing day) is to be taken into account as performance to the extent of that work or expenditure of the conditions of both the new permits.\n\t(3)\tFor the purposes of any condition of a new permit relating to the carrying out of work or the expending of moneys by the permittee—\n\t(a)\ta reference in that condition to a year of the permit shall be read as a reference to a year that was, or would have been, that year of the subsisting permit; and\n\t(b)\tthe new permits shall be deemed to have been in force during the whole of the year of the subsisting permit that is current on the commencing day.\n\t(4)\tA variation or suspension of, or an exemption from compliance with, any of the conditions of a new permit arising out of a subsisting permit shall not have effect unless the same variation, suspension or exemption is effected in respect of the other new permit arising out of the same subsisting permit.\n\t(5)\tIn a matter arising under a State Act in relation to a new permit, being a matter of a kind that, if it arose under the Commonwealth Act, would be a matter for decision by, or could be referred to, a Joint Authority established under the Commonwealth Act, the Designated Authority under the State Act shall not take action except after consultation with the Commonwealth Minister.\n3—Renewal of permits\n\t(1)\tA person who holds 2 new permits arising out of a subsisting permit may apply under the Commonwealth Act for renewal of the new permit under that Act and may apply under the State Act for renewal of the new permit under that Act, or may make either of such applications.\n\t(2)\tIf a person who was the holder of 2 new permits arising out of a subsisting permit has ceased to be the holder of one of those permits, he may apply under the Commonwealth Act or the State Act, whichever is appropriate, for renewal of the other new permit, and the relevant Act shall apply in relation to such an application as if the new permit had been a permit granted under that Act in respect of the blocks that are comprised in the new permit.\n\t(3)\tWhere the holder of 2 new permits arising out of a subsisting permit wishes to apply for renewal of either or both of the new permits, the blocks that were comprised in the subsisting permit that may be included, in whole or in part, in the application or applications shall be selected in accordance with the Commonwealth Act as if the new permits were one permit under the Commonwealth Act and the application or applications were an application under that Act for renewal of that permit.\n\t(4)\tFor the purposes of subclause (3) of this clause, the Designated Authority under the Commonwealth Act as in force before 7 March 2000 may exercise his powers under subsections (5) and (6) of section 31 of the Commonwealth Act.\n\t(5)\tAn application referred to in subclause (3) of this clause under the Commonwealth Act shall relate to the blocks selected in accordance with that subclause, and parts of those blocks, that are within the Commonwealth jurisdiction and an application referred to in that subclause under the State Act shall relate to the blocks so selected, and parts of those blocks, that are within the State jurisdiction.\n\t(6)\tSubject to the foregoing provisions of this clause, an application under the Commonwealth Act made in accordance with this clause shall be dealt with under the Commonwealth Act and an application under the State Act made in accordance with this clause shall be dealt with under the State Act.\n\t(7)\tFor the purposes of the application, in accordance with this clause, of the provisions of the Commonwealth Act or of a State Act relating to the renewal of permits, a reference in those provisions to compliance with the conditions to which the permit is subject shall be read as including a reference to compliance with the conditions to which the subsisting permit was subject before the commencing day.\n4—Subsisting pipeline licences to be deemed to be two licences\n\t(1)\tOn and after the commencing day but subject to the law relating to surrender, cancellation or variation of pipeline licences, each subsisting pipeline licence shall be deemed to comprise 2 pipeline licences, being—\n\t(a)\ta pipeline licence under the Commonwealth Act, in respect of the portion of the pipeline that is, or is to be, within the Commonwealth jurisdiction, for the balance of the period of the subsisting pipeline licence but otherwise in the same terms as the subsisting pipeline licence, but so that those terms shall have effect only to the extent that they are applicable to or in relation to the portion of the pipeline that is, or is to be, within the Commonwealth jurisdiction; and\n\t(b)\ta pipeline licence under the State Act, in respect of the portion of the pipeline that is, or is to be, within the State jurisdiction of a State, for the balance of the period of the subsisting pipeline licence but otherwise in the same terms as the subsisting pipeline licence but so that those terms shall have effect only to the extent that they are applicable to or in relation to the portion of the pipeline that is, or is to be, within that State jurisdiction.\n\t(2)\tFor the purposes of the application, in relation to a new pipeline licence, of the provisions of the Commonwealth Act or of a State Act relating to the renewal of pipeline licences, a reference in those provisions to compliance with the conditions to which the pipeline licence is subject shall be read as including a reference to compliance with the conditions to which the subsisting pipeline licence was subject before the commencing day.\n5—Transfer of permits and pipeline licences\nA transfer of a new permit arising out of a subsisting permit or of a new pipeline licence arising out of a subsisting pipeline licence shall not be made unless a transfer to the same transferee of the other new permit or new pipeline licence arising out of that subsisting permit or subsisting pipeline licence (if that other permit or licence is still in force) is made at the same time and neither of such transfers has effect before the other transfer has been approved in accordance with the Commonwealth Act, or the relevant State Act, as the case requires.\n6—Preservation of existing interests and rights\nAll legal and equitable interests and rights that existed immediately before the commencing day in or in relation to a subsisting permit or subsisting pipeline licence, to the extent that those interests or rights were applicable in relation to the permit area of a new permit arising out of that subsisting permit, or to the portion of the pipeline to which a new pipeline licence arising out of the subsisting pipeline licence relates, shall be deemed to continue in or in relation to that new permit or new pipeline licence.\n7—Saving of approvals etc\nEvery approval, consent or direction given before the commencing day under or in relation to a subsisting permit or subsisting pipeline licence has effect, on and after the commencing day, in relation to each new permit or new pipeline licence arising out of that subsisting permit or subsisting pipeline licence, as if it were a corresponding approval, consent or direction given under or in relation to that new permit or new pipeline licence.\n8—Existing Register\nThe Register kept and maintained by the Designated Authority for the purposes of the Commonwealth Act immediately before the commencing day shall continue to be the Register for the purposes of the Commonwealth Act and, except as provided in clause 9, shall cease on that day to be the Register for the purposes of a State Act.\n9—Registration of, and of instruments relating to, subsisting permits and pipeline licences\n\t(1)\tThis clause applies to—\n\t(a)\tevery instrument being a subsisting permit or subsisting pipeline licence; and\n\t(b)\tany instrument by which such a permit or licence has been transferred or by which a legal or equitable interest in or affecting such a permit or licence has or may have been created, assigned, affected or dealt with, being an instrument in respect of which an entry or notation has been made before the commencing day in the Register kept for the purposes of the Commonwealth Act.\n\t(2)\tOn the commencing day, the Designated Authority under the Commonwealth Act shall forthwith make such entries in the Register referred to in subclause (1) and on copies of instruments to which this clause applies that are kept by him as he thinks appropriate to indicate that instruments to which this clause applies have effect subject to the provisions of this Scheme.\n\t(3)\tFor the purposes of a State Act but subject to subclause (4), the Commonwealth Register shall be deemed to be the State Register in relation to instruments to which this clause applies to the extent that they have effect under a State Act in accordance with this Scheme, transfers of interests under such instruments, and instruments by which legal or equitable interests in or affecting interests under such instruments are or may be created.\n\t(4)\tThe Designated Authority under a State Act may, if he thinks fit to do so, make entries in the Register kept by him under the State Act, in accordance with the State Act, in respect of a subsisting permit or subsisting pipeline licence that has effect, in accordance with this Scheme, under the law of the State, and if he does so—\n\t(a)\the shall make an appropriate entry of the kind referred to in subclause (2); and\n\t(b)\tthe Commonwealth Register shall cease to be deemed to be the State Register in relation to that permit or licence to the extent that it has effect under the State Act in accordance with this Scheme, or in relation to instruments of the kind referred to in subclause (3) affecting that permit or licence as so having effect.\n10—Fees\nIn the application in relation to, or to transactions in respect of, a new permit or new pipeline licence of the laws of the Commonwealth and of the States relating to fees—\n\t(a)\ta reference to a year of the term of the permit or pipeline licence shall be read as a reference to a year that would have been a year of the term of the subsisting permit or subsisting pipeline licence commencing on or after the commencing day; and\n\t(b)\tfees in respect of a year of the term of the subsisting permit or subsisting pipeline licence that commenced before the commencing day and not paid before the commencing day shall be payable in accordance with the law that was in force immediately before that day; and\n\t(c)\ta person is not liable to pay by way of such fees in respect of any year or transaction, a greater total amount than would have been payable if the subsisting permit or subsisting pipeline licence had continued in force and the whole of the permit area, or the whole of the pipeline, had been within the Commonwealth jurisdiction.\n","sortOrder":17},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Petroleum (Submerged Lands) (Miscellaneous) Amendment Act 1994—Transitional provisions","content":"Schedule 6—Petroleum (Submerged Lands) (Miscellaneous) Amendment Act 1994—Transitional provisions\n1—Interpretation\nIn this Schedule—\nthe amending Act means the Petroleum (Submerged Lands) (Miscellaneous) Amendment Act 1994.\n2—Application of sections 35 and 36\n\t(a)\ta nomination was made under section 35 as in force immediately before the commencement of the amending Act; and\n\t(b)\ta declaration was not made under section 36 (as then in force) before the commencement of the amending Act as a result of the making of that nomination,\nsections 35, 36 and 37 of this Act, as in force immediately before the commencement of the amending Act, continue to have effect in relation to that nomination and the block or blocks that would be affected by a declaration as if the amending Act had not been enacted.\n\t(2)\tA declaration made under section 36 as continued in force by subclause (1) has effect, and this Act, as amended by the amending Act, applies to the declaration, as if the declaration had been made under section 36 as in force after the commencement of the amending Act.\n\t(3)\tA declaration in force under section 36 as in force immediately before the commencement of the amending Act has effect after that commencement as if it were a declaration under section 36 as in force after the commencement of the amending Act.\n\t(a)\ta permittee under a permit granted before the commencement of the amending Act applies under section 39, as amended by the amending Act, for a licence; and\n\t(b)\tthe location that includes the block or blocks to which the application relates was declared under section 36 as in force after the commencement of the amending Act; and\n\t(c)\tthe location consists of not more than 8 blocks; and\n\t(d)\tthe Minister notifies the applicant in writing that, in the Minister's opinion, the number of blocks specified in the notification represents the maximum number of blocks that the applicant would have been entitled to have declared as a location instead of the block or blocks constituting the location referred to in paragraph (b) if the amending Act had not been enacted; and\n\t(e)\tthe number of blocks specified in the notification exceeds the number of blocks in the location referred to in paragraph (b),\nsection 39(1) of this Act, as amended by the amending Act, applies as if the firstmentioned location were constituted by the number of blocks specified in the notification referred to in paragraph (d).\n\t(a)\ta lessee under a lease of a block or blocks for which a permit was granted before the commencement of the amending Act applies under section 39A, as amended by the amending Act, for a licence; and\n\t(b)\tthe location that includes the block or blocks to which the application relates was declared under section 36 as in force after the commencement of the amending Act; and\n\t(c)\tthe location consists of not more than 8 blocks; and\n\t(d)\tthe Minister notifies the applicant in writing that, in the Minister's opinion, the number of blocks specified in the notification represents the maximum number of blocks that the applicant would have been entitled to have declared as a location instead of the block or blocks constituting the location referred to in paragraph (b) if the amending Act had not been enacted; and\n\t(e)\tthe number of blocks specified in the notification exceeds the number of blocks in the location referred to in paragraph (b),\nsection 39A(1) of this Act, as amended by the amending Act, applies as if the lease were in respect of the number of blocks specified in the notification referred to in paragraph (d).\n3—Application of section 80(4)(b)\n\t(1)\tWhere, at the time that the first regulations made for the purposes of section 80(4)(b) as in force after the commencement of section 44 of the amending Act come into operation, an application for approval of a dealing has been made but the Minister has neither approved nor refused to approve the dealing—\n\t(a)\tthe Minister must give to the applicant written notice that the applicant is entitled to lodge an instrument for the purpose of section 80(4)(b) in relation to the application; and\n\t(b)\tthe applicant may lodge an instrument for the purpose of section 80(4)(b); and\n\t(c)\tthe application must not be dealt with by the Minister until after the end of 30 days after the day on which notice is given for the purpose of paragraph (a); and\n\t(d)\twhere the applicant lodges an instrument under paragraph (b), the applicant must lodge with the instrument two copies of the instrument.\n\t(2)\tAn instrument lodged under subclause (1) will be taken, for the purposes of section 80(13) as in force after the commencement of section 44 of the amending Act, to have accompanied the application when the application was lodged.\n4—Discharge of security under section 96A on provision of insurance\n\t(a)\ta permit, lease, licence or pipeline licence was in force immediately before the commencement of the amending Act; and\n\t(b)\tthe Minister has, after the commencement of the amending Act, required the holder to maintain insurance under section 96A(1); and\n\t(c)\tthe Minister is satisfied that the required insurance is in effect,\nthe Minister must issue a certificate that he or she is so satisfied.\n\t(2)\tWhere the Minister issues a certificate under subclause (1), any security in force in relation to the permit, lease, licence or pipeline licence, being a security that was required under this Act before the commencement of the amending Act, is discharged.\n\t(3)\tThe discharge of a security under subclause (2) has no effect on any liability arising under or in relation to the security before its discharge.\n5—Application of sections 148A and 148B\n\t(1)\tSubject to subclause (2), sections 148A and 148B apply in relation to petroleum recovered during a royalty period commencing on or after the date of commencement of those sections.\n\t(2)\tSections 148A and 148B apply in relation to petroleum recovered during a royalty period that commenced before the commencement of those sections if, at the commencement of those sections, the value of the petroleum had not been agreed or determined under section 146.\nSchedule 7—Occupational health and safety\nPart 1—Introduction\n1—Objects\nThe objects of this Schedule are, in relation to facilities located in the adjacent area:\n\t(a)\tto secure the occupational health, safety and welfare of persons at or near those facilities; and\n\t(b)\tto protect persons at or near those facilities from risks to occupational health and safety arising out of activities being conducted at those facilities; and\n\t(c)\tto ensure that expert advice is available on occupational health and safety matters in relation to those facilities; and\n\t(d)\tto promote an occupational environment for members of the workforce at those facilities that is adapted to their needs relating to health and safety; and\n\t(e)\tto foster a consultative relationship between all relevant persons concerning the health, safety and welfare of members of the workforce at those facilities.\n2—Simplified outline\n\t(1)\tThe following is a simplified outline of this Schedule.\n\t(2)\tThis Schedule sets up a scheme to regulate occupational health and safety matters at or near facilities.\n\t(3)\tOccupational health and safety duties are imposed on the following:\n\t(a)\tthe operator of a facility;\n\t(b)\ta person in control of a part of a facility, or of any work carried out at a facility;\n\t(c)\tan employer;\n\t(d)\ta manufacturer of plant, or a substance, for use at a facility;\n\t(e)\ta supplier of a facility, or of any plant or substance for use at a facility;\n\t(f)\ta person who erects or installs a facility, or any plant at a facility;\n\t(g)\ta person at a facility.\n\t(4)\tA group of members of the workforce at a facility may be established as a designated work group.\n\t(5)\tThe members of a designated work group may select a health and safety representative for that designated work group.\n\t(6)\tThe health and safety representative may exercise certain powers for the purpose of promoting or ensuring the occupational health and safety of group members.\n\t(7)\tAn OHS inspector may conduct an inspection—\n\t(a)\tto ascertain whether a listed OHS law is being complied with; or\n\t(c)\tconcerning an accident or dangerous occurrence that has happened at or near a facility.\n\t(8)\tThe operator of a facility must report accidents and dangerous occurrences to the Safety Authority.\n3—Definitions\nIn this Schedule—\naccident includes the contraction of a disease;\nassociated offshore place, in relation to a facility, means any offshore place near the facility where activities (including diving activities) relating to the construction, installation, operation, maintenance or decommissioning of the facility take place, but does not include—\n\t(a)\tanother facility; or\n\t(b)\ta supply vessel, offtake tanker, anchor handler or tugboat; or\n\t(c)\ta vessel, or structure, that is declared by the regulations not to be an associated offshore place;\ncontract includes an arrangement or understanding;\ncontractor has the meaning given by clause 7;\ndangerous occurrence means an occurrence declared by the regulations to be a dangerous occurrence for the purposes of this definition;\ndesignated work group means—\n\t(a)\ta group of members of the workforce at a facility that is established as a designated work group under clause 18 or 19; or\n\t(b)\tthat group as varied in accordance with clause 20 or 21;\nemployee, in relation to an employer, means an employee of that employer;\nemployer means an employer who carries on an activity at a facility;\nfacility means a facility as defined by clause 4 and—\n\t(a)\tincludes a facility (as defined by clause 4) that is being constructed or installed; and\n\t(b)\texcept in the definition of associated offshore place, includes an associated offshore place in relation to a facility (as defined by clause 4);\ngroup member, in relation to a designated work group at a facility, means a person who is—\n\t(a)\ta member of the workforce at that facility; and\n\t(b)\tincluded in that designated work group;\nimprovement notice means an improvement notice issued under clause 61(1);\ninspection means an inspection conducted under Part 4 of this Schedule and includes an investigation or inquiry;\nmaster, in relation to a vessel, means the person having command or charge of the vessel;\nmember of the workforce, in relation to a facility, means a natural person who does work at the facility, whether—\n\t(a)\tas an employee of the operator of the facility or of another person; or\n\t(b)\tas a contractor of the operator or of another person;\noffshore petroleum operations has the same meaning as in Part 3A;\noperator, in relation to a facility or proposed facility, means the person who, under the regulations, is taken to be the operator of that facility or proposed facility;\noperator's representative at a facility means a person present at the facility in compliance with the obligations imposed on the operator by clause 5;\nown includes own jointly and own in part;\nplant includes any machinery, equipment or tool, or any component;\npremises includes the following:\n\t(a)\ta structure or building;\n\t(b)\ta place (whether or not enclosed or built on);\n\t(c)\ta part of a thing referred to in paragraph (a) or (b);\nprohibition notice means a prohibition notice issued under clause 59(1);\nproposed facility means a facility proposed to be constructed, installed or operated;\nrecovery, in relation to petroleum, includes all processes directly or indirectly associated with its recovery;\nregistered organisation means an organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;\nregulated business premises means—\n\t(a)\ta facility; or\n\t(b)\tpremises that are—\n\t(i)\toccupied by a person who is the operator of a facility; and\n\t(ii)\tused, or proposed to be used, wholly or principally in connection with offshore petroleum operations;\nregulations means regulations made for the purposes of this Schedule;\nreviewing authority means Fair Work Australia;\nwork means work offshore that is directly or indirectly related to the construction, installation, operation, maintenance or decommissioning of a facility;\nworkforce representative means—\n\t(a)\tin relation to a person who is a member of the workforce at a facility—a registered organisation of which that person is a member, if the person is qualified to be a member of that organisation because of the work the person performs at the facility; or\n\t(b)\tin relation to a designated work group or a proposed designated work group—a registered organisation of which a person who is, or who is likely to be, in the work group is a member, if the person is qualified to be a member of that organisation because of the work the person performs, or will perform, at a facility as a member of the group;\nwork group employer, in relation to a designated work group at a facility, means an employer of one or more group members, but does not include the operator of the facility;\nworkplace, in relation to a facility, means the whole facility or any part of the facility.\n4—Facilities\n\t(1)\tA vessel or structure is taken to be a facility for the purposes of this Schedule while that vessel or structure—\n\t(a)\tis located at a site in the adjacent area; and\n\t(b)\tis being used, or prepared for use, at that site—\n\t(i)\tfor the recovery of petroleum, for the processing of petroleum, or for the storage and offloading of petroleum, or for any combination of those activities; or\n\t(ii)\tfor the provision of accommodation for persons working on another facility, whether connected by a walkway to that other facility or not; or\n\t(iii)\tfor drilling or servicing a well for petroleum or doing work associated with the drilling or servicing process; or\n\t(iv)\tfor laying pipes for petroleum, including any manufacturing of such pipes, or for doing work on an existing pipe; or\n\t(v)\tfor the erection, dismantling or decommissioning of a vessel or structure referred to in a previous subparagraph of this paragraph; or\n\t(vi)\tfor any other purpose related to offshore petroleum operations that is prescribed for the purposes of this subparagraph.\n\t(2)\tSubclause (1) applies to a vessel or structure—\n\t(a)\twhether it is floating or fixed; and\n\t(b)\twhether or not it is capable of independent navigation.\n\t(3)\tSubclause (1) has effect subject to subclauses (6) and (7).\n\t(4)\tA vessel or structure used for a purpose referred to in subclause (1)(b)(i) includes—\n\t(a)\tany wells and associated plant and equipment by means of which petroleum processed or stored at the vessel or structure is recovered; and\n\t(b)\tany pipe or system of pipes through which petroleum is conveyed from a well to the vessel or structure; and\n\t(c)\tany secondary line associated with the vessel or structure.\n\t(5)\tFor the purposes of subclause (1), a vessel or structure that is located offshore for the purpose of laying pipes as described in subclause (1)(b)(iv) is taken to be located at a site, despite the fact that the vessel or structure moves as the pipe laying process proceeds.\n\t(6)\tDespite subclause (1), a vessel or structure is taken not to be a facility for the purposes of this Schedule if the vessel or structure is—\n\t(a)\tan offtake tanker; or\n\t(b)\ta tug or an anchor handler; or\n\t(c)\ta vessel or structure used for supplying a facility or otherwise travelling between a facility and the shore; or\n\t(d)\ta vessel or structure used for any purpose such that it is declared by the regulations not to be a facility.\n\t(7)\tIn determining when a vessel or structure that has the potential to be used for one or more of the purposes referred to in subclause (1)(b) is in fact being so used, the vessel or structure is taken—\n\t(a)\tto commence to be so used only at the time when it arrives at the site where it is to be so used and any activities necessary to make it operational at that site are begun; and\n\t(b)\tto cease to be so used when operations cease, and the vessel or structure has been returned either to a navigable form or to a form in which it can be towed to another place.\n\t(8)\tEach of the following is taken to be a facility for the purposes of this Schedule:\n\t(a)\ta pipeline subject to a pipeline licence;\n\t(b)\tif a pipeline subject to a pipeline licence conveys petroleum recovered from a well without the petroleum having passed through another facility—that pipeline, together with—\n\t(i)\tthat well and associated plant and equipment; and\n\t(ii)\tany pipe or system of pipes through which petroleum is conveyed from that well to that pipeline.\n\t(9)\tIn subclause (8)(b)—\nfacility does not include a pipeline.\n5—Operator must ensure presence of operator's representative\n\t(1)\tThe operator of a facility must ensure that, at all times when one or more natural persons are present at a facility, there is also present a natural person (the operator's representative at the facility) who has day-to-day management and control of operations at the facility.\n\t(b)\tin the case of a body corporate—$27 500.\n\t(2)\tThe operator of a facility must ensure that the name of the operator's representative at the facility is displayed in a prominent place at the facility.\n\t(b)\tin the case of a body corporate—$27 500.\n\t(3)\tSubclause (1) does not imply that, if the operator is a natural person, the operator's representative at the facility may not be, from time to time, the operator.\n6—Health and safety of persons using an accommodation facility\nFor the avoidance of doubt, a reference in this Schedule to the occupational health and safety of a person includes a reference to the health and safety of a person using an accommodation facility provided for the accommodation of persons working on another facility.\n7—Contractor\nFor the purposes of this Schedule, a natural person is taken to be a contractor of another person (the relevant person) if the natural person does work at a facility under a contract for services between—\n\t(a)\tthe relevant person; and\n\t(b)\teither—\n\t(i)\tthe natural person; or\n\t(ii)\tthe employer of the natural person.\nPart 2—Occupational health and safety\nDivision 1—Duties relating to occupational health and safety\n8—Duties of operator\n\t(1)\tThe operator of a facility must take all reasonably practicable steps to ensure that—\n\t(a)\tthe facility is safe and without risk to the health of any person at or near the facility; and\n\t(b)\tall work and other activities carried out on the facility are carried out in a manner that is safe and without risk to the health of any person at or near the facility.\n\t(a)\tin the case of a natural person—$110 000;\n\t(b)\tin the case of a body corporate—$550 000.\n\t(2)\tWithout limiting the generality of subclause (1), the operator of a facility must—\n\t(a)\tprovide and maintain a physical environment at the facility that is safe and without risk to health; and\n\t(b)\tprovide and maintain adequate facilities for the welfare of all members of the workforce at the facility; and\n\t(c)\tensure that any plant, equipment, materials and substances at the facility are safe and without risk to health; and\n\t(d)\timplement and maintain systems of work at the facility that are safe and without risk to health; and\n\t(e)\timplement and maintain appropriate procedures and equipment for the control of, and response to, emergencies at the facility; and\n\t(f)\tprovide all members of the workforce, in appropriate languages, with the information, instruction, training and supervision necessary for them to carry out their activities in a manner that does not adversely affect the occupational health and safety of persons at the facility; and\n\t(g)\tmonitor the occupational health and safety of all members of the workforce and keep records of that monitoring; and\n\t(h)\tprovide appropriate medical and first aid services at the facility; and\n\t(i)\tdevelop, in consultation with members of the workforce and workforce representatives, a policy relating to occupational health and safety that—\n\t(i)\twill enable the operator and the members of the workforce to co‑operate effectively in promoting and developing measures to ensure the occupational health and safety of persons at the facility; and\n\t(ii)\twill provide adequate mechanisms for reviewing the effectiveness of the measures; and\n\t(iii)\tprovides for the making of an agreement that complies with subclause (4) and (5).\n\t(3)\tSubclause (2)(i) does not require the operator of a facility to engage in consultations with a workforce representative unless a member of the workforce at the facility has requested the workforce representative to be involved in those consultations.\n\t(4)\tThe agreement referred to in subclause (2)(i)(iii) must be between—\n\t(a)\ton the one hand—the operator; and\n\t(b)\ton the other hand—\n\t(i)\tthe members of the workforce; and\n\t(ii)\tif a member of the workforce at the facility has requested a workforce representative in relation to the member to be a party to that agreement—that workforce representative.\n\t(5)\tThe agreement referred to in subclause (2)(i)(iii) must provide appropriate mechanisms for continuing consultation between—\n\t(a)\ton the one hand—the operator; and\n\t(b)\ton the other hand—\n\t(i)\tthe members of the workforce; and\n\t(ii)\tif a member of the workforce at the facility has requested a workforce representative in relation to the member to be involved in consultations on a particular occasion—that workforce representative.\n\t(6)\tThe agreement may provide for any other matters agreed between the parties to it.\n9—Duties of persons in control of parts of facility or particular work\n\t(1)\tA person who is in control of any part of a facility, or of any particular work carried out at a facility, must take all reasonably practicable steps to ensure that—\n\t(a)\tthat part of the facility, or the place where that work is carried out, is safe and without risk to health; and\n\t(b)\tif the person is in control of particular work—the work is carried out in a manner that is safe and without risk to health.\n\t(2)\tWithout limiting the generality of subclause (1), a person who is in control of any part of a facility, or of any particular work carried out at a facility, must—\n\t(a)\tensure that the physical environment at that part of the facility, or at the place where the work is carried out, is safe and without risk to health; and\n\t(b)\tensure that any plant, equipment, materials and substances at or near that part of the facility or that place, or used in that work, are safe and without risk to health; and\n\t(c)\timplement and maintain systems of work at that part of the facility, or in carrying out work at that place, that are safe and without risk to health; and\n\t(d)\tensure a means of access to, and egress from, that part of the facility or that place that is safe and without risk to health; and\n\t(e)\tprovide all members of the workforce located at that part of the facility or engaged on that work, in appropriate languages, with the information, instruction, training and supervision necessary for them to carry out their work in a manner that is safe and without risk to health.\n10—Duties of employers\n\t(1)\tAn employer must take all reasonably practicable steps to protect the health and safety of employees at a facility.\n\t(2)\tWithout limiting the generality of subclause (1), an employer must—\n\t(a)\tprovide and maintain a working environment that is safe for employees and without risk to their health; and\n\t(b)\tensure that any plant, equipment, materials and substances used in connection with the employees' work are safe and without risk to health; and\n\t(c)\timplement and maintain systems of work that are safe and without risk to health; and\n\t(d)\tprovide a means of access to, and egress from, the employees' work location that is safe and without risk to health; and\n\t(e)\tprovide the employees, in appropriate languages, with the information, instruction, training and supervision necessary for them to carry out their work in a manner that is safe and without risk to health.\n\t(b)\tin the case of a body corporate.—$550 000\n\t(3)\tA person has, in respect of a contractor of that person, the same obligations that an employer has under subclauses (1) and (2) in respect of an employee of that employer, but only in relation to—\n\t(a)\tmatters over which the first mentioned person has control; or\n\t(b)\tmatters over which—\n\t(i)\tthe first mentioned person would have had control apart from express provision to the contrary in a contract; and\n\t(ii)\tthe first mentioned person would, in the circumstances, usually be expected to have had control.\n\t(4)\tAn employer must take all reasonable steps to—\n\t(a)\tmonitor the health and safety of employees; and\n\t(b)\tkeep records of that monitoring.\n11—Duties of manufacturers in relation to plant and substances\n\t(1)\tA manufacturer of any plant that the manufacturer ought reasonably to expect will be used by members of the workforce at a facility must take all reasonably practicable steps—\n\t(a)\tto ensure that the plant is so designed and constructed as to be, when properly used, safe and without risk to health; and\n\t(b)\tto carry out, or cause to be carried out, the research, testing and examination necessary in order to discover, and to eliminate or minimise, any risk to health and safety that may arise from the use of the plant; and\n\t(c)\tto make available, in connection with the use of the plant at a facility, adequate written information about—\n\t(i)\tthe use for which it is designed and has been tested; and\n\t(ii)\tdetails of its design and construction; and\n\t(iii)\tany conditions necessary to ensure that, when put to the use for which it was designed and tested, it will be safe and without risk to health.\n\t(2)\tA manufacturer of any substance that the manufacturer ought reasonably to expect will be used by members of the workforce at a facility must take all reasonably practicable steps—\n\t(a)\tto ensure that the substance is so manufactured as to be, when properly used, safe and without risk to health; and\n\t(b)\tto carry out, or cause to be carried out, the research, testing and examination necessary to discover, and to eliminate or minimise, any risk to health and safety that may arise from the use of the substance; and\n\t(c)\tto make available, in connection with the use of the substance at a facility, adequate written information concerning—\n\t(i)\tthe use for which it is manufactured and has been tested; and\n\t(ii)\tdetails of its composition; and\n\t(iii)\tany conditions necessary to ensure that, when put to the use for which it was manufactured and tested, it will be safe and without risk to health; and\n\t(iv)\tthe first aid and medical procedures that should be followed if the substance causes injury.\n\t(a)\tplant or a substance is imported into Australia by a person who is not its manufacturer; and\n\t(b)\tat the time of the importation, the manufacturer of the plant or substance does not have a place of business in Australia,\nthe first mentioned person is taken, for the purposes of this clause, to be the manufacturer of the plant or substance.\n\t(4)\tThis clause does not affect the operation of any other law of this State that imposes an obligation on a manufacturer in respect of defective goods or in respect of information to be supplied in relation to goods.\n12—Duties of suppliers of facilities, plant and substances\n\t(1)\tA supplier of a facility, or of any plant or substance that the supplier ought reasonably to expect will be used by members of the workforce at a facility, must take all reasonably practicable steps—\n\t(a)\tto ensure that, at the time of supply, the facility, or the plant or substance, is in such condition as to be, when properly used, safe and without risk to health; and\n\t(b)\tto carry out, or cause to be carried out, the research, testing and examination necessary to discover, and to eliminate or minimise, any risk to health or safety that may arise from the condition of the facility, plant or substance; and\n\t(c)\tto make available—\n\t(i)\tin the case of a facility—to the operator of a facility; and\n\t(ii)\tin the case of plant or substance—to the person to whom the plant or substance is supplied,\nadequate written information, in connection with the use of the facility, plant or substance (as the case requires) about—\n\t(iii)\tthe condition of the facility, plant or substance at the time of supply; and\n\t(iv)\tany risk to the health and safety of members of the workforce at the facility to which the condition of the facility, plant or substance may give rise unless it is properly used; and\n\t(v)\tthe steps that need to be taken in order to eliminate that risk; and\n\t(vi)\tin the case of a substance—the first aid and medical procedures that should be followed if the condition of the substance causes injury to a member of the workforce at the facility.\n\t(2)\tFor the purposes of subclause (1), if a person (the ostensible supplier) supplies to a person either a facility, or any plant or substance that is to be used by members of the workforce at a facility, and the ostensible supplier—\n\t(a)\tcarries on the business of financing the acquisition or the use of goods by other persons; and\n\t(b)\thas, in the course of that business, acquired an interest in the facility, or in the plant or substance, from another person (the actual supplier), solely for the purpose of financing its acquisition by, or its provision to, the person to whom it is finally supplied; and\n\t(c)\thas not taken possession of the facility, plant or substance, or has taken possession of the facility, plant or substance solely for the purpose of passing possession of the facility, plant or substance to the person to whom it is finally supplied,\na reference in subclause (1) to a supplier is, in relation to the facility, plant or substance referred to in this subclause, to be read as a reference to the actual supplier and not as a reference to the ostensible supplier.\n\t(3)\tThis clause does not affect the operation of any other law of this State that imposes an obligation in respect of the sale or supply of goods or in respect of the information to be supplied in relation to goods.\n13—Duties of persons erecting facilities or installing plant\n\t(1)\tA person who erects or installs a facility, or erects or installs any plant at a facility, must take all reasonably practicable steps to ensure that the facility or plant is not erected or installed in such a way that it is unsafe or constitutes a risk to health.\n\t(2)\tThis clause does not affect the operation of any other law of this State that imposes an obligation in respect of the erection or installation of structures or goods or the supply of services.\n14—Duties of persons in relation to occupational health and safety\n\t(1)\tA person at a facility must, at all times, take all reasonably practicable steps—\n\t(a)\tto ensure that the person does not take any action, or make any omission, that creates a risk, or increases an existing risk, to the occupational health and safety of that person or of any other person at or near the facility; and\n\t(b)\tin respect of any obligation imposed on the operator or on any other person by or under a listed OHS law—to co‑operate with the operator or that other person to the extent necessary to enable the operator or that other person to fulfil that obligation; and\n\t(c)\tto use equipment that is—\n\t(i)\tsupplied to the person by the operator, an employer of the person or any other person having control of work at a facility (the equipment supplier); and\n\t(ii)\tnecessary to protect the occupational health and safety of the person, or of any other person at or near the facility,\nin accordance with any instructions given by the equipment supplier, consistent with the safe and proper use of the equipment.\n\t(a)\tin the case of a natural person—$5 500;\n\t(b)\tin the case of a body corporate—$27 500.\n\t(2)\tDespite subclause (1), the choice or manner of use, or choice and manner of use, of equipment of the kind referred to in subclause (1)(c)(ii) is a matter that may be, consistently with each listed OHS law—\n\t(a)\tagreed on between the equipment supplier and any relevant health and safety representative; or\n\t(b)\tagreed on by a health and safety committee.\n\t(3)\tIf an agreement of the kind referred to in subclause (2)(a) or (b) provides a process for choosing equipment of a particular kind that is to be provided by the equipment supplier, action must not be taken against a person for failure to use equipment of that kind that is so provided unless the equipment has been chosen in accordance with that process.\n\t(4)\tIf an agreement of the kind referred to in subclause (2)(a) or (b) provides a process for determining the manner of use of equipment of a particular kind, action must not be taken against a person for failure to use, in the manner required by the equipment supplier, equipment of that kind that is so provided unless the manner has been determined in accordance with that process.\n15—Reliance on information supplied or results of research\n\t(1)\tFor the purpose of the application of clause 8, 9 or 10 to the use of plant or a substance, a person on whom an obligation is imposed under any of those clauses is regarded as having taken reasonably practicable steps as required by the relevant clause, in relation to the use of the plant or substance, to the extent that—\n\t(a)\tthe person ensured, so far as practicable, that its use was in accordance with the information supplied by the manufacturer or the supplier of the plant or substance relating to occupational health and safety in its use; and\n\t(b)\tit was reasonable for the person to rely on that information.\n\t(2)\tFor the purpose of the application of clause 11 or 12 to carrying out research, testing and examining a facility, or any plant or substance, a person on whom an obligation is imposed under either of those clauses is regarded as having taken reasonably practicable steps as required by the relevant clause, in relation to carrying out research, testing and examining the facility, plant or substance, to the extent that—\n\t(a)\tthe research, testing or examination has already been carried out by or on behalf of someone else; and\n\t(b)\tit was reasonable for the person to rely on that research, testing or examination.\n\t(3)\tFor the purpose of the application of clause 13 to the erection of a facility or the erection or installation of plant at a facility, a person on whom an obligation is imposed under that clause is regarded as having taken reasonably practicable steps as required by that clause to the extent that—\n\t(a)\tthe person ensured, so far as is reasonably practicable, that the erection of the facility, or the erection or installation of the plant, was—\n\t(i)\tin accordance with information supplied by the manufacturer or supplier of the facility or plant relating to its erection or its installation; and\n\t(ii)\tconsistent with the occupational health and safety of persons at the facility; and\n\t(b)\tit was reasonable for the person to rely on that information.\n\t(4)\tNothing in this clause limits the generality of what constitutes reasonably practicable steps as required by clause 8, 9, 10, 11, 12 or 13.\nDivision 2—Regulations relating to occupational health and safety\n16—Regulations relating to occupational health and safety\n\t(1)\tThe regulations may make provision relating to any matter affecting, or likely to affect, the occupational health and safety of persons at a facility.\n\t(2)\tRegulations made for the purposes of subclause (1) may make provision for any or all of the following—\n\t(a)\tprohibiting or restricting the performance of all work or specified work at a facility;\n\t(b)\tprohibiting or restricting the use of all plant or specified plant at a facility;\n\t(c)\tprohibiting or restricting the carrying out of all processes or a specified process at a facility;\n\t(d)\tprohibiting or restricting the storage or use of all substances or specified substances at a facility;\n\t(e)\tspecifying the form in which information required to be made available under clause 11(1)(c) or 12(1)(c) is to be so made available;\n\t(f)\tprohibiting, except in accordance with licences granted under the regulations, the use of specified plant or specified substances at a facility;\n\t(g)\tproviding for—\n\t(i)\tthe issue, variation, renewal, transfer, suspension and cancellation of those licences; and\n\t(ii)\tthe conditions to which the licences may be subject;\n\t(h)\tregulating the maintenance and testing of plant used at a facility;\n\t(i)\tregulating the labelling or marking of substances used at a facility;\n\t(j)\tregulating the transport of specified plant or specified substances for use at a facility;\n\t(k)\tprohibiting the performance, at a facility, of specified activities or work except—\n\t(i)\tby persons who satisfy requirements of the regulations as to qualifications, training or experience; or\n\t(ii)\tunder the supervision specified in the regulations;\n\t(l)\trequiring specified action to avoid accidents or dangerous occurrences;\n\t(m)\tproviding for, or prohibiting, specified action in the event of accidents or dangerous occurrences;\n\t(n)\tproviding for the employment at a facility of persons to perform specified duties relating to the maintenance of occupational health and safety at the facility;\n\t(o)\tregulating the provision and use, at a facility, of protective clothing and equipment, safety equipment and rescue equipment;\n\t(p)\tproviding for monitoring the health of members of the workforce at a facility and the conditions at the facility;\n\t(q)\trequiring employers to keep records of matters related to the occupational health and safety of employees;\n\t(r)\tproviding for the provision of first aid equipment and facilities at facilities.\nPart 3—Workplace arrangements\n17—Simplified outline\nThe following is a simplified outline of this Part:\n\t(a)\ta group of members of the workforce at a facility may be established as a designated work group; and\n\t(b)\tthe members of a designated work group may select a health and safety representative for that designated work group; and\n\t(c)\tthe health and safety representative may exercise certain powers for the purpose of promoting or ensuring the occupational health and safety of group members; and\n\t(d)\ta health and safety committee may be established in relation to the members of the workforce at a facility; and\n\t(e)\tthe main function of a health and safety committee is to assist the operator in relation to occupational health and safety matters.\nDivision 2—Designated work groups\nSubdivision A—Establishment of designated work groups\n18—Establishment of designated work groups by request\n\t(1)\tA request to the operator of a facility to enter into consultations to establish designated work groups in relation to the members of the workforce at the facility may be made by—\n\t(a)\tany member of the workforce; or\n\t(b)\tif a member of the workforce requests a workforce representative in relation to the member to make the request to the operator—that workforce representative.\n\t(2)\tThe operator of a facility must, within 14 days after receiving a request under subclause (1), enter into consultations with—\n\t(a)\tif any member of the workforce made a request to establish designated work groups—\n\t(i)\tthat member of the workforce; and\n\t(ii)\tif that member requests that the operator enter into consultations with a workforce representative in relation to the member—that workforce representative; and\n\t(iii)\teach employer (if any) of members of the workforce; and\n\t(b)\tif a workforce representative made a request to establish designated work groups—\n\t(i)\tif a member of the workforce requests that the operator enter into consultations with that workforce representative—that workforce representative; and\n\t(ii)\teach employer of members of the workforce.\n\t(3)\tWithin 14 days after the completion of consultations about the establishment of the designated work groups, the operator must, by notifying the members of the workforce, establish the designated work groups in accordance with the outcome of the consultations.\n19—Establishment of designated work groups at initiative of operator\n\t(1)\tIf, at any time, the operator of a facility considers that designated work groups should be established, the operator must enter into consultations with—\n\t(a)\tall members of the workforce; and\n\t(b)\tif a member of the workforce requests that the operator enter into consultations with a workforce representative in relation to the member—that workforce representative; and\n\t(c)\teach employer (if any) of members of the workforce.\n\t(2)\tWithin 14 days after the completion of consultations about the establishment of the designated work groups, the operator must, by notifying the members of the workforce, establish the designated work groups in accordance with the outcome of the consultations.\nSubdivision B—Variation of designated work groups\n20—Variation of designated work groups by request\n\t(1)\tA request to the operator of a facility to enter into consultations to vary designated work groups that have already been established in relation to the members of the workforce at the facility may be made by—\n\t(a)\tany member of the workforce; or\n\t(b)\tif a member of the workforce requests a workforce representative in relation to the member to make the request to the operator—that workforce representative.\n\t(2)\tThe operator of a facility must, within 14 days after receiving a request under subclause (1), enter into consultations with—\n\t(a)\tif any member of the workforce made a request to vary designated work groups—\n\t(i)\tthat member of the workforce; and\n\t(ii)\tthe health and safety representative of each designated work group affected by the proposed variation; and\n\t(iii)\teach work group employer (if any) in relation to each designated work group affected by the proposed variation; and\n\t(b)\tif a workforce representative made a request to vary designated work groups—\n\t(i)\tif a member of a designated work group affected by the proposed variation requests that the operator enter into consultations with that workforce representative in relation to the group—that workforce representative; and\n\t(ii)\tthe health and safety representative of each designated work group affected by the proposed variation; and\n\t(iii)\teach work group employer (if any) in relation to each designated work group affected by the proposed variation.\n\t(a)\tconsultations take place about the variation of designated work groups that have already been established; and\n\t(b)\tas a result of the consultations, it has been determined that the variation of some or all of those designated work groups is justified,\nthen, within 14 days after the completion of the consultations, the operator must, by notifying the members of the workforce who are affected by the variation, vary the designated work groups in accordance with the outcome of the consultations.\n21—Variation of designated work groups at initiative of operator\n\t(1)\tIf the operator of a facility believes the designated work groups should be varied, the operator may, at any time, enter into consultations about the variations with—\n\t(a)\tthe health and safety representative of each of the designated work groups affected by the proposed variation; and\n\t(b)\tif a member of a designated work group affected by the proposed variation requests that the operator enter into consultations with that workforce representative in relation to the group—that workforce representative; and\n\t(c)\teach work group employer (if any) in relation to each designated work group affected by the proposed variation.\n\t(2)\tIf—\n\t(a)\tconsultations take place about the variation of designated work groups that have already been established; and\n\t(b)\tas a result of the consultations, it has been determined that the variation of some or all of those designated work groups is justified,\nthen, within 14 days after the completion of the consultations, the operator must, by notifying the members of the workforce who are affected by the variation, vary the designated work groups in accordance with the outcome of the consultations.\nSubdivision C—General\n22—Referral of disagreement to reviewing authority\n\t(1)\tIf, in the course of consultations under clause 18, 19, 20 or 21, there is a disagreement between any of the parties to the consultation about the manner of establishing or varying a designated work group, any party may, for the purpose of facilitating that consultation, refer the matter of disagreement to the reviewing authority.\n\t(2)\tIf the matter of a disagreement is referred to the reviewing authority, the parties to the disagreement must complete the consultation in accordance with the resolution of that matter by the reviewing authority.\n23—Manner of grouping members of the workforce\n\t(1)\tConsultations about the establishment or variation of a designated work group must be directed principally at the determination of the manner of grouping members of the workforce—\n\t(a)\tthat best and most conveniently enables their interests relating to occupational health and safety to be represented and safeguarded; and\n\t(b)\tthat best takes account of the need for any health and safety representative selected for that designated work group to be accessible to each group member.\n\t(2)\tThe parties to the consultations must have regard, in particular, to—\n\t(a)\tthe number of members of the workforce at the facility to which the consultation relates; and\n\t(b)\tthe nature of each type of work performed by those members; and\n\t(c)\tthe number and grouping of those members who perform the same or similar types of work; and\n\t(d)\tthe workplaces where each type of work is performed; and\n\t(e)\tthe nature of any risks to health and safety at each of those workplaces; and\n\t(f)\tany overtime or shift working arrangement at the facility.\n\t(3)\tThe designated work groups must be established or varied in such a way that, so far as practicable, each of the members of the workforce at a facility is in a designated work group.\n\t(4)\tAll the members of the workforce at a facility may be in one designated work group.\nDivision 3—Health and safety representatives\nSubdivision A—Selection of health and safety representatives\n24—Selection of health and safety representatives\n\t(1)\tOne health and safety representative may be selected for each designated work group.\n\t(2)\tA person is not eligible for selection as the health and safety representative for a designated work group unless the person is a member of the workforce included in the group.\n\t(3)\tA person is taken to have been selected as the health and safety representative for a designated work group if—\n\t(a)\tall the members of the workforce in the group unanimously agree to the selection; or\n\t(b)\tthe person is elected as the health and safety representative of the group in accordance with clause 25.\n25—Election of health and safety representatives\n\t(a)\tthere is a vacancy in the office of health and safety representative for a designated work group; and\n\t(b)\twithin a reasonable time after the vacancy occurs, a person has not been selected under clause 24(3)(a),\nthe operator of the facility must invite nominations from all group members for election as the health and safety representative of the group.\n\t(2)\tIf the office of health and safety representative is vacant and the operator has not invited nominations within a further reasonable time that is no later than 6 months after the vacancy occurred, the Safety Authority may direct the operator to do so.\n\t(3)\tIf there is more than one candidate for election at the close of the nomination period, the operator must conduct, or arrange for the conduct of, an election at the operator's expense.\n\t(4)\tAn election conducted or arranged to be conducted under subclause (3) must be conducted in accordance with regulations made for the purposes of this subclause if this is requested by the lesser of—\n\t(a)\t100 members of the workforce normally in the designated work group; or\n\t(b)\ta majority of the members of the workforce normally in the designated work group.\n\t(5)\tIf there is only one candidate for election at the close of the nomination period, that person is taken to have been elected.\n\t(6)\tA person cannot be a candidate in the election if he or she is disqualified under clause 31.\n\t(7)\tAll the members of the workforce in the designated work group are entitled to vote in the election.\n\t(8)\tAn operator conducting or arranging for the conduct of an election under this clause must comply with any relevant directions issued by the Safety Authority.\n26—List of health and safety representatives\nThe operator of a facility must—\n\t(a)\tprepare and keep up to date a list of all the health and safety representatives of designated work groups comprising members of the workforce performing work at the facility; and\n\t(b)\tensure that the list is available for inspection, at all reasonable times, by—\n\t(i)\tthe members of the workforce at the facility; and\n\t(ii)\tOHS inspectors.\n27—Members of designated work group must be notified of selection etc of health and safety representative\nThe operator of a facility must—\n\t(a)\tnotify members of a designated work group in relation to the facility of a vacancy in the office of health and safety representative for the designated work group within a reasonable time after the vacancy arises; and\n\t(b)\tnotify those members of the name of any person selected (whether under clause 24(3)(a) or (b)) as health and safety representative for the designated work group within a reasonable time after the selection is made.\n28—Term of office\n\t(1)\tA health and safety representative for a designated work group holds office—\n\t(a)\tif, in consultations that took place under clause 18, 19, 20 or 21, the parties to the consultations agreed to the period for which the health and safety representative for the group was to hold office—for that period; or\n\t(b)\tif paragraph (a) does not apply—for 2 years.\n\t(2)\tThe term of office of a health and safety representative begins at the start of the day on which he or she was selected.\n\t(3)\tNothing in this clause prevents a health and safety representative from being selected for further terms of office.\n29—Training of health and safety representatives\n\t(1)\tA health and safety representative for a designated work group must undertake a course of training relating to occupational health and safety that is accredited by the Safety Authority for the purposes of this clause.\n\t(2)\tThe operator of the facility concerned must permit the representative to take any time off work, without loss of remuneration or other entitlements, that is necessary to undertake the training.\n\t(3)\tIf a person other than the operator is the employer of the representative, that person must permit the representative to take any time off work, without loss of remuneration or other entitlements, that is necessary to undertake the training.\n30—Resignation etc of health and safety representatives\n\t(1)\tA person ceases to be the health and safety representative for the designated work group if—\n\t(a)\tthe person resigns as the health and safety representative; or\n\t(b)\tthe person ceases to be a group member of that designated work group; or\n\t(c)\tthe person's term of office expires without the person having been selected, under clause 24, to be the health and safety representative for the designated work group for a further term; or\n\t(d)\tthe person is disqualified under clause 31.\n\t(2)\tA person may resign as the health and safety representative for a designated work group by notice in writing delivered to the operator and to each work group employer.\n\t(3)\tIf a person resigns as the health and safety representative for a designated work group, the person must notify the resignation to the group members.\n\t(4)\tIf a person has ceased to be the health and safety representative for a designated work group because of subclause (1)(b), the person must notify in writing—\n\t(a)\tthe group members; and\n\t(b)\tthe operator and each work group employer,\nthat the person has ceased to be the health and safety representative for that designated work group.\n31—Disqualification of health and safety representatives\n\t(1)\tAn application for the disqualification of a health and safety representative for a designated work group may be made to the Safety Authority by—\n\t(a)\tthe operator; or\n\t(b)\ta work group employer; or\n\t(c)\tat the request of a group member of the designated work group—a workforce representative in relation to the designated work group.\n\t(2)\tAn application under subclause (1) may be made on either or both of the following grounds—\n\t(a)\tthat action taken by the representative in the exercise or purported exercise of a power under clause 33(1) or any other provision of this Schedule was taken—\n\t(i)\twith the intention of causing harm to the operator or work group employer or to an undertaking of the operator or work group employer; or\n\t(ii)\tunreasonably, capriciously or not for the purpose for which the power was conferred on the representative;\n\t(b)\tthat the representative has intentionally used, or disclosed to another person, for a purpose that is not connected with the exercise of a power of a health and safety representative, information acquired from the operator or work group employer.\n\t(3)\tOn an application under subclause (1), the Safety Authority may disqualify the representative, for a specified period not exceeding 5 years, from being a health and safety representative for any designated work group, if the Safety Authority is satisfied that the representative has acted in a manner referred to in subclause (2).\n\t(4)\tIn making a decision under subclause (3), the Safety Authority must have regard to—\n\t(a)\tthe harm (if any) that was caused to the operator or work group employer or to an undertaking of the operator or work group employer as a result of the action of the representative; and\n\t(b)\tthe past record of the representative in exercising the powers of a health and safety representative; and\n\t(c)\tthe effect (if any) on the public interest of the action of the representative; and\n\t(d)\tany other matters the Safety Authority thinks relevant.\n32—Deputy health and safety representatives\n\t(1)\tOne deputy health and safety representative may be selected for each designated work group for which a health and safety representative has been selected.\n\t(2)\tA deputy health and safety representative is to be selected in the same way as a health and safety representative under clause 24.\n\t(3)\tIf the health and safety representative for a designated work group—\n\t(a)\tceases to be the health and safety representative; or\n\t(b)\tis unable (because of absence or for any other reason) to exercise the powers of a health and safety representative,\nthen—\n\t(c)\tthe powers may be exercised by the deputy health and safety representative (if any) for the group; and\n\t(d)\tthis Schedule (other than this clause) applies in relation to the deputy health and safety representative accordingly.\nSubdivision B—Powers of health and safety representatives\n33—Powers of health and safety representatives\n\t(1)\tA health and safety representative for a designated work group may, for the purpose of promoting or ensuring the health and safety at a workplace of the group members—\n\t(a)\tdo all or any of the following—\n\t(i)\tinspect the whole or any part of the workplace if there has, in the immediate past, been an accident or a dangerous occurrence at the workplace, or if there is an immediate threat of such an accident or dangerous occurrence;\n\t(ii)\tinspect the whole or any part of the workplace if the health and safety representative has given reasonable notice of the inspection to the operator's representative at the facility and to any other person having immediate control of the workplace;\n\t(iii)\tmake a request to an OHS inspector or to the Safety Authority that an inspection be conducted at the workplace;\n\t(iv)\taccompany an OHS inspector during any inspection at the workplace by the OHS inspector (whether or not the inspection is being conducted as a result of a request made by the health and safety representative);\n\t(v)\tif there is no health and safety committee in respect of the members of the workforce at the facility—represent group members in consultations with the operator and any work group employer about the development, implementation and review of measures to ensure the health and safety of those members at the workplace;\n\t(vi)\tif a health and safety committee has been established in respect of the members of the workforce at the facility—examine any of the records of that committee; and\n\t(b)\tinvestigate complaints made by any group member to the health and safety representative about the health and safety of any of the members of the workforce (whether in the group or not); and\n\t(c)\twith the consent of a group member, be present at any interview about health and safety at work between that member and—\n\t(i)\tan OHS inspector; or\n\t(ii)\tthe operator or a person representing the operator; or\n\t(iii)\ta work group employer or a person representing that employer; and\n\t(d)\tobtain access to any information under the control of the operator or any work group employer—\n\t(i)\trelating to risks to the health and safety of any group member; and\n\t(ii)\trelating to the health and safety of any group member; and\n\t(e)\tissue provisional improvement notices in accordance with clause 37.\n\t(2)\tSubclause (1)(d)(ii) has effect subject to clause 35.\n34—Assistance by consultant\n\t(1)\tA health and safety representative for a designated work group is entitled, in the exercise of his or her powers, to be assisted by a consultant.\n\t(2)\tA health and safety representative for a designated work group may—\n\t(a)\tbe assisted by a consultant at a workplace at which work is performed; or\n\t(b)\tprovide to a consultant information that has been provided to the health and safety representative by a group member under clause 33(1)(d),\nonly if the operator or the Safety Authority has, in writing, agreed to the provision of that assistance at that workplace or the provision of that information, as the case may be.\n\t(3)\tNeither the operator nor any workplace employer becomes, because of the agreement under subclause (2) to the provision of assistance by a consultant, liable for any remuneration or other expenses incurred in connection with the consultant's activities.\n\t(4)\tIf a health and safety representative for a designated work group is being assisted by a consultant, the consultant is entitled to be present with the representative at any interview, about health and safety at work, between a group member and—\n\t(a)\tan OHS inspector; or\n\t(b)\tthe operator or any work group employer or a person representing the operator or that employer,\nif, and only if, the group member consents to the presence of the consultant.\n35—Information\n\t(1)\tNeither—\n\t(a)\ta health and safety representative; nor\n\t(b)\ta consultant assisting a health and safety representative,\nis entitled, under clause 33(1)(d)(ii), to have access to information in respect of which a group member is entitled to claim, and does claim, legal professional privilege.\n\t(2)\tNeither—\n\t(a)\ta health and safety representative; nor\n\t(b)\ta consultant assisting a health and safety representative,\nis entitled, under clause 33(1)(d)(ii), to have access to information of a confidential medical nature relating to a person who is or was a group member unless—\n\t(c)\tthe person has delivered to the operator or any work group employer a written authority permitting the health and safety representative, or the health and safety representative and the consultant, as the case requires, to have access to the information; or\n\t(d)\tthe information is in a form that does not identify the person or enable the identity of the person to be discovered.\n36—Obligations and liabilities of health and safety representatives\nThis Schedule does not—\n\t(a)\timpose an obligation on a person to exercise any power conferred on the person because the person is a health and safety representative; or\n\t(b)\trender a person liable in civil proceedings because of—\n\t(i)\ta failure to exercise such a power; or\n\t(ii)\tthe way such a power was exercised.\n37—Provisional improvement notices\n\t(a)\ta health and safety representative for a designated work group believes, on reasonable grounds, that a person—\n\t(i)\tis contravening a provision of a listed OHS law; or\n\t(ii)\thas contravened a provision of a listed OHS law and is likely to contravene that provision again; and\n\t(b)\tthe contravention affects or may affect one or more group members,\nthe representative must consult with the person supervising the relevant activity in an attempt to reach agreement on rectifying the contravention or preventing the likely contravention.\n\t(2)\tIf, in the health and safety representative's opinion, agreement is not reached within a reasonable time, the health and safety representative may issue a provisional improvement notice to any or all of the persons (each of whom is in this clause called a responsible person) responsible for the contravention.\n\t(3)\tIf a responsible person is the operator, the improvement notice may be issued to the operator by giving it to the operator's representative at the facility.\n\t(4)\tIf it is not practicable to issue the notice to a responsible person (other than the operator or the supervisor) by giving it to that responsible person—\n\t(a)\tthe notice may be issued to that responsible person by giving it to the person who for the time being is, or may reasonably be presumed to be, on behalf of the responsible person, in charge of the activity to which the notice relates; and\n\t(b)\tif the notice is so issued, a copy of the notice must be given to the responsible person as soon as practicable afterwards.\n\t(5)\tThe notice must—\n\t(a)\tspecify the contravention that, in the health and safety representative's opinion, is occurring or is likely to occur, and set out the reasons for that opinion; and\n\t(b)\tspecify a period that—\n\t(i)\tis not less than 7 days beginning on the day after the notice is issued; and\n\t(ii)\tis, in the representative's opinion, reasonable,\nwithin which the responsible person is to take action necessary to prevent any further contravention or to prevent the likely contravention, as the case may be.\n\t(6)\tThe notice may specify action that the responsible person is to take during the period specified in the notice.\n\t(7)\tIf, in the health and safety representative's opinion, it is appropriate to do so, the representative may, in writing and before the end of the period, extend the period specified in the notice.\n\t(8)\tOn issuing the notice, the health and safety representative must give a copy of the notice to—\n\t(a)\tif the operator is not a responsible person—the operator; and\n\t(b)\teach work group employer other than a work group employer who is a responsible person; and\n\t(c)\tif the supervisor is not a responsible person—the supervisor; and\n\t(d)\tif the notice relates to any plant, substance or thing that is owned by a person other than a responsible person or a person to whom a copy of the notice is given under paragraph (a), (b) or (c)—that owner.\n38—Effect of provisional improvement notice\n\t(1)\tWithin 7 days after a notice is issued under clause 37—\n\t(a)\tthe responsible person; or\n\t(b)\tany other person, to whom a copy of the notice has been given under clause 37(8),\nmay request the Safety Authority or an OHS inspector for an inspection of the matter to be conducted.\n\t(2)\tOn the request being made, the operation of the notice is suspended pending the determination of the matter by an OHS inspector.\n\t(3)\tAs soon as possible after a request is made, an inspection must be conducted of the work that is the subject of the disagreement, and the OHS inspector conducting the inspection must—\n\t(a)\tconfirm, vary or cancel the notice and notify the responsible person and any person to whom a copy of the notice has been given under clause 37(8) accordingly; and\n\t(b)\tmake decisions, and exercise powers, under Part 4, as the OHS inspector considers necessary in relation to the work.\n\t(4)\tIf the OHS inspector varies a notice, the notice as so varied has effect—\n\t(a)\tso far as the notice concerns obligations imposed on the responsible person that are unaffected by the variation—as if the notice as so varied resumed effect on the day of the variation; and\n\t(b)\tso far as the notice concerns new obligations imposed by virtue of the variation—as if the notice as so varied were a new notice issued on the day of the variation.\n\t(5)\tIf the notice is issued to a responsible person, the responsible person must—\n\t(a)\tnotify each group member who is affected by the notice of the fact of the issue of the notice; and\n\t(b)\tuntil the notice ceases to have effect, cause a copy of the notice to be displayed at or near each workplace at which the work that is the subject of the notice is being performed.\n\t(6)\tThe notice ceases to have effect if—\n\t(a)\tit is cancelled by an OHS inspector or by the health and safety representative; or\n\t(b)\tthe responsible person—\n\t(i)\ttakes the action, if any, specified in the notice; or\n\t(ii)\tif no action is so specified—takes the action necessary to prevent the further contravention, or likely contravention, concerned.\n\t(7)\tThe responsible person—\n\t(a)\tmust ensure that, to the extent that the notice relates to any matter over which the person has control, the notice is complied with; and\n\t(b)\tmust take reasonable steps to inform the health and safety representative who issued the notice of the action taken to comply with the notice.\n\t(8)\tFor the purposes of clause 65, if the OHS inspector confirms or varies the notice, the OHS inspector is taken to have decided, under clause 61, to issue an improvement notice in those terms.\nSubdivision C—Duties of the operator and other employers in relation to health and safety representatives\n39—Duties of the operator and other employers in relation to health and safety representatives\n\t(1)\tThe operator of a facility, in relation to which a designated work group having a health and safety representative has been established, must—\n\t(a)\ton being requested to do so by the representative, consult with the representative on the implementation of changes at any workplace at which some or all of the group members perform work, being changes that may affect their health and safety; and\n\t(b)\tin relation to a workplace at which some or all of the group members perform work—\n\t(i)\tpermit the representative to make any inspection of the workplace that the representative is entitled to make in accordance with clause 33(1)(a)(i) and to accompany an OHS inspector during an inspection at the workplace by the OHS inspector; and\n\t(ii)\tif there is no health and safety committee in respect of the members of the workforce—on being requested to do so by the representative, consult with the representative about the development, implementation and review of measures to ensure the health and safety of group members; and\n\t(c)\tpermit the representative to be present at any interview at which the representative is entitled to be present under clause 33(1)(c); and\n\t(d)\tprovide to the representative access to any information to which the representative is entitled to obtain access under clause 33(1)(d)(i) or (ii) and to which access has been requested; and\n\t(e)\tpermit the representative to take any time off work, without loss of remuneration or other entitlements, that is necessary to exercise the powers of a health and safety representative; and\n\t(f)\tprovide the representative with access to any facilities that are—\n\t(i)\tprescribed for the purposes of this paragraph; or\n\t(ii)\tnecessary for the purposes of exercising the powers of a health and safety representative.\n\t(2)\tSubclause (1)(d) has effect subject to subclauses (3) and (4).\n\t(3)\tThe operator must not permit a health and safety representative in relation to a designated work group to have access to information that—\n\t(a)\tis of a confidential medical nature under the control of the operator; and\n\t(b)\trelates to a person who is or was a group member,\nunless—\n\t(c)\tthe person has delivered to the employer a written authority permitting the representative to have access to the information; or\n\t(d)\tthe information is in a form that does not identify the person or enable the identity of the person to be discovered.\n\t(4)\tThe operator is not required to give a health and safety representative access to any information in respect of which the operator is entitled to claim, and does claim, legal professional privilege.\n\t(5)\tThe duties imposed by this clause on the operator in respect of the health and safety representative for a designated work group apply equally, to the extent that the matters to which the duties relate are within the control of a work group employer or of a supervisor of particular work, to that employer and to that supervisor.\nDivision 4—Health and safety committees\n40—Health and safety committees\n\t(1)\tA health and safety committee must be established in relation to the members of the workforce at a facility if—\n\t(a)\tthe number of those members normally present at the facility is not less than 50 (whether or not those members are all at work at the facility at the same time); and\n\t(b)\tthe members of the workforce are included in one or more designated work groups; and\n\t(c)\tthe operator is requested to establish the committee by the health and safety representative for the designated work group or for one of the designated work groups.\n\t(2)\tThe health and safety committee consists of—\n\t(a)\tthe number of members specified in an agreement reached between the operator and the members of the workforce; or\n\t(b)\tif there is no such agreement—an equal number of—\n\t(i)\tmembers, chosen by the members of the workforce, to represent the interests of members of the workforce; and\n\t(ii)\tmembers, chosen by the operator, to represent the interests of the operator and the employer (other than the operator) of members of the workforce.\n\t(3)\tThe agreement referred to in subclause (2)(a) may—\n\t(a)\tspecify the persons who are to be members to represent the interests of the operator and employers (other than the operator) of members of the workforce; and\n\t(b)\tprovide for the way in which persons who are to be members to represent the interests of members of the workforce are to be chosen.\n\t(4)\tIf regulations made for the purposes of this clause specify procedures for the selection of persons as members of health and safety committees to represent the interests of members of the workforce, an agreement referred to in subclause (2)(a) must not provide for members to be chosen in a way inconsistent with the regulations.\n\t(5)\tA health and safety committee must hold a meeting at least once every 3 months.\n\t(6)\tThe procedure at meetings of a health and safety committee must, except to the extent provided for by the regulations, be the procedure agreed upon by the committee.\n\t(7)\tA health and safety committee must cause minutes of its meetings to be kept, and must retain those minutes for a period of not less than 3 years.\n\t(8)\tThis clause does not prevent an operator from establishing, in consultation with registered unions or any other persons, committees concerned with occupational health and safety in relation to undertakings carried on by the operator.\n41—Functions of health and safety committees\n\t(1)\tA health and safety committee has the following functions—\n\t(a)\tto assist the operator of the facility concerned—\n\t(i)\tto develop and implement measures designed to protect; and\n\t(ii)\tto review and update measures used to protect,\nthe health and safety at work of members of the workforce;\n\t(b)\tto facilitate co-operation between the operator of the facility, employers (other than the operator) of members of the workforce, and members of the workforce, in relation to occupational health and safety matters;\n\t(c)\tto assist the operator to disseminate among members of the workforce, in appropriate languages, information relating to health and safety at work;\n\t(d)\tany prescribed functions;\n\t(e)\tany other functions that are agreed between the operator and the health and safety committee.\n\t(2)\tA health and safety committee has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.\n\t(3)\tThis Schedule does not—\n\t(a)\timpose an obligation on a person to do any act, because the person is a member of a health and safety committee, in connection with the performance of a function conferred on the committee; or\n\t(b)\trender such a person liable in civil proceedings because of—\n\t(i)\ta failure to do such an act; or\n\t(ii)\tthe manner in which such an act was done.\n42—Duties of the operator and other employers in relation to health and safety committees\n\t(1)\tIf there is a health and safety committee, the operator and any employer (other than the operator) of a member of the workforce must—\n\t(a)\tmake available to the committee any information possessed by the operator or that employer relating to risks to health and safety to members of the workforce; and\n\t(b)\tpermit any member of the committee who is a member of the workforce to take time off work, without loss of remuneration or other entitlements, as is necessary for the member adequately to participate in the performance by the committee of its functions.\n\t(2)\tSubclause (1)(a) has effect subject to subclauses (3) and (4).\n\t(3)\tThe operator or any employer (other than the operator) of a member of the workforce must not make available to a health and safety committee information of a confidential nature relating to a person who is or was a member of the workforce, unless—\n\t(a)\tthe person has authorised the information to be made available to the committee; or\n\t(b)\tthe information is in a form that does not identify the person or enable the identity of the person to be discovered.\n\t(4)\tThe operator or any employer (other than the operator) of a member of the workforce is not required to make available to a health and safety committee any information in respect of which the operator or employer is entitled to claim, and does claim, legal professional privilege.\nDivision 5—Emergency procedures\n43—Action by health and safety representatives\n\t(1)\tIf a health and safety representative for a designated work group has reasonable cause to believe that there is an imminent and serious danger to the health or safety of any person at or near the facility unless a group member or group members cease to perform particular work, the representative must—\n\t(a)\tinform a person (a supervisor) supervising the group member or group members in the performance of the work of the danger; or\n\t(b)\tif no supervisor can be contacted immediately—\n\t(i)\tdirect the group member or group members to cease, in a safe manner, to perform the work; and\n\t(ii)\tas soon as practicable, inform a supervisor that the direction has been given.\n\t(2)\tIf a supervisor is informed under subclause (1)(a) of a danger to the health or safety of any person at or near the facility, the supervisor must take the action he or she thinks appropriate to remove that danger, which may include directing a group member or group members to cease, in a safe manner, to perform the work.\n\t(a)\ta health and safety representative has informed a supervisor under subclause (1)(a) of a danger; and\n\t(b)\tthe representative has reasonable cause to believe that, despite any action taken by the supervisor in accordance with subclause (2), there continues to be an imminent and serious danger to the health or safety of any person at or near the facility unless the group member or group members cease to perform particular work,\nthe representative must—\n\t(c)\tdirect the group member or group members to cease, in a safe manner, to perform the work; and\n\t(d)\tas soon as practicable, inform the supervisor that the direction has been given.\n\t(4)\tIf—\n\t(a)\ta health and safety representative gives a direction under subclause (1)(b), but is unable to agree with a supervisor whom the representative has informed under that subclause that there is a need for a direction under that subclause; or\n\t(b)\ta health and safety representative gives a direction under subclause (3)(c),\nthe representative or the supervisor may request the Safety Authority or an OHS inspector that an inspection be conducted of the work that is the subject of the direction.\n\t(5)\tAs soon as possible after a request is made, an inspection must be conducted of the work that is the subject of the direction, and the OHS inspector conducting the inspection must make decisions, and exercise powers, under Part 4 as the OHS inspector considers necessary in relation to the work.\n\t(6)\tThis clause does not limit the power of a health and safety representative under clause 33(1)(a)(iii) to request an OHS inspector or the Safety Authority that an inspection be conducted at the workplace.\n44—Directions to perform other work\nIf—\n\t(a)\ta group member who is an employee has ceased to perform work, in accordance with the direction of a health and safety representative under clause 43(1)(b) or (3)(c); and\n\t(b)\tthe cessation of work does not continue after—\n\t(i)\tthe health and safety representative has agreed with a person supervising work at the workplace where the work was being performed that the cessation of work was not, or is no longer, necessary; or\n\t(ii)\tan OHS inspector has, under clause 43(5), made a decision to the effect that the employee should perform the work,\nthe employer may direct the employee to perform suitable alternative work, and the employee is to be taken, for all purposes, to be required to perform that other work under the terms and conditions of the employee's employment.\nDivision 6—Exemptions\n45—Exemptions\n\t(1)\tThe Safety Authority may, in accordance with the regulations, make a written order exempting a specified person or class of person from any or all of the provisions of this Part (other than this clause).\n\t(2)\tThe Safety Authority must not make an order under subclause (1) unless it is satisfied on reasonable grounds that it is impracticable for the person to comply with the provision or provisions.\nPart 4—Inspections\n46—Simplified outline\nThe following is a simplified outline of this Part:\n\t(a)\tan OHS inspector may conduct an inspection—\n\t(i)\tto ascertain whether a listed OHS law is being complied with; or\n\t(ii)\tconcerning a contravention or a possible contravention of a listed OHS law; or\n\t(iii)\tconcerning an accident or dangerous occurrence that has happened at or near a facility;\n\t(b)\tan OHS inspector may issue a prohibition notice to the operator of a facility in order to remove an immediate threat to the health and safety of any person;\n\t(c)\tan OHS inspector may issue an improvement notice specifying action that is to be taken to prevent contravention of a listed OHS law;\n\t(d)\tan OHS inspector must prepare a report about an inspection and give the report to the Safety Authority.\n47—Powers, functions and duties of OHS inspectors\n\t(1)\tAn OHS inspector has the powers, functions and duties conferred or imposed by the listed OHS laws.\n\t(2)\tThe Safety Authority may give written directions specifying the manner in which, and the conditions subject to which, powers conferred on OHS inspectors by a listed OHS law are to be exercised. If it does so, the powers of OHS inspectors must be exercised in accordance with those directions.\n\t(3)\tThe Safety Authority may, by notice in writing, impose restrictions, not inconsistent with any direction in force under subclause (2), on the powers that are conferred on a particular OHS inspector by a listed OHS law.\n\t(4)\tIf the Safety Authority acts under subclause (3), the powers of the OHS inspector are taken to have been restricted accordingly.\nDivision 2—Inspections\n48—Inspections\n\t(1)\tAn OHS inspector may, at any time, conduct an inspection—\n\t(a)\tto ascertain whether the requirements of, or any requirements properly made under, a listed OHS law are being complied with; or\n\t(c)\tconcerning an accident or dangerous occurrence that has happened at a facility.\n\t(2)\tThe Safety Authority may direct an OHS inspector to conduct an inspection—\n\t(a)\tto ascertain whether the requirements of, or any requirements properly made under, a listed OHS law are being complied with; or\n\t(c)\tconcerning an accident or dangerous occurrence that has happened at a facility,\nand the OHS inspector must, unless the Safety Authority revokes the direction, conduct an inspection accordingly.\nDivision 3—Powers of OHS inspectors in relation to the conduct of inspections\nSubdivision A—General powers of entry and search\n49—Powers of entry and search—facilities\n\t(1)\tAn OHS inspector may, for the purposes of an inspection, at any reasonable time during the day or night—\n\t(a)\tenter the facility to which the inspection relates and do all or any of the following:\n\t(i)\tsearch the facility;\n\t(ii)\tinspect, examine, take measurements of, or conduct tests concerning, any workplace at the facility or any plant, substance or thing at the facility;\n\t(iii)\ttake photographs of, make video recordings of, or make sketches of, any workplace at the facility or any plant, substance or thing at the facility;\n\t(iv)\tinspect, take extracts from, or make copies of, any documents at the facility that the OHS inspector has reasonable grounds to believe relate, or are likely to relate, to the subject matter of the inspection; and\n\t(b)\tinspect the seabed and subsoil in the vicinity of the facility to which the inspection relates.\n\t(2)\tImmediately on entering a facility for the purposes of an inspection, an OHS inspector must take reasonable steps to notify the purpose of entering the facility to—\n\t(a)\tthe operator's representative at the facility; and\n\t(b)\tif there is a health and safety representative for a designated work group having a group member likely to be affected by the matter the subject of the inspection—that representative,\nand must, on being requested to do so by the person referred to in paragraph (a) or (b), produce for inspection by that person—\n\t(c)\tthe OHS inspector's identity card; and\n\t(d)\ta copy of the Safety Authority's written direction (if any) to conduct the inspection; and\n\t(e)\ta copy of the restrictions (if any) imposed on the powers of the OHS inspector under clause 47(3).\n\t(3)\tIf there is a health and safety representative for a designated work group having a group member likely to be affected by the matter the subject of the inspection, the OHS inspector must afford the health and safety representative a reasonable opportunity to consult on the matter the subject of the inspection.\n50—Powers of entry and search—regulated business premises (other than facilities)\n\t(1)\tAn OHS inspector may, for the purposes of an inspection—\n\t(a)\tat any reasonable time, enter any regulated business premises (other than a facility) if the OHS inspector has reasonable grounds to believe that there are likely to be at those premises documents that relate to a facility that is, or to facility operations that are, the subject of the inspection; and\n\t(b)\tsearch for, inspect, take extracts from, or make copies of, any such documents at those premises.\n\t(2)\tImmediately on entering premises referred to in subclause (1), an OHS inspector must take reasonable steps to notify the purpose of the entry to the occupier of those premises, and must, on being requested to do so by the occupier, produce for inspection by the occupier—\n\t(a)\tthe OHS inspector's identity card; and\n\t(b)\ta copy of the Safety Authority's written direction (if any) to conduct the inspection; and\n\t(c)\ta copy of the restrictions (if any) imposed on the powers of the OHS inspector under clause 47(3).\n51—Powers of entry and search—premises (other than regulated business premises)\n\t(1)\tAn OHS inspector may, for the purposes of an inspection—\n\t(a)\tenter any premises (other than regulated business premises) if the OHS inspector has reasonable grounds to believe that there are likely to be at those premises documents that relate to a facility that is, or to facility operations that are, the subject of the inspection; and\n\t(b)\tsearch for, inspect, take extracts from, or make copies of, any such documents at those premises.\n\t(2)\tAn OHS inspector may exercise the powers referred to in subclause (1) to enter premises only—\n\t(a)\tif the premises are not a residence—\n\t(i)\tin accordance with a warrant under clause 52; or\n\t(ii)\twith the consent of the occupier of the premises; or\n\t(b)\tif the premises are a residence—with the consent of the occupier of the premises.\n\t(3)\tImmediately on entering premises referred to in subclause (1), an OHS inspector must—\n\t(a)\ttake reasonable steps to notify the purpose of the entry to the occupier of those premises; and\n\t(b)\ttake reasonable steps to produce, for inspection by the occupier, the OHS inspector's identity card; and\n\t(c)\ton being requested to do so by the occupier, produce, for inspection by the occupier—\n\t(i)\ta copy of the Safety Authority's written direction (if any) to conduct the inspection; and\n\t(ii)\ta copy of the restrictions (if any) imposed on the powers of the OHS inspector under clause 47(3).\n\t(4)\tIf—\n\t(a)\tan OHS inspector enters premises in accordance with a warrant under clause 52; and\n\t(b)\tthe occupier of the premises is present at the premises,\nthe OHS inspector must make a copy of the warrant available to the occupier.\n\t(5)\tBefore obtaining the consent of a person as mentioned in subclause (2)(a) or (b), an OHS inspector must inform the person that—\n\t(a)\tthe person may refuse consent; and\n\t(b)\tthe consent may be withdrawn.\n\t(6)\tThe consent of a person is not effective for the purposes of subclause (2) unless the consent is voluntary.\n52—Warrant to enter premises (other than regulated business premises)\n\t(1)\tAn OHS inspector may apply to a magistrate for a warrant authorising the OHS inspector, with any assistance as the OHS inspector thinks necessary, to exercise the powers referred to in clause 51(1) in relation to particular premises (other than a residence).\n\t(2)\tThe application must be supported by evidence on oath (whether oral or by affidavit) that sets out the grounds on which the OHS inspector is applying for the warrant.\n\t(3)\tIf the magistrate is satisfied that there are reasonable grounds for issuing the warrant, the magistrate may issue the warrant.\n\t(4)\tA warrant issued under subclause (3) must state—\n\t(a)\tthe name of the OHS inspector; and\n\t(b)\twhether the inspection may be carried out at any time or only during specified hours of the day; and\n\t(c)\tthe day on which the warrant ceases to have effect; and\n\t(d)\tthe purposes for which the warrant is issued.\n\t(5)\tThe day specified under subclause (4)(c) is not to be more than 7 days after the day on which the warrant is issued.\n\t(6)\tThe purposes specified under subclause (4)(d) must include the identification of the premises in relation to which the warrant is issued.\n53—Obstructing or hindering OHS inspector\nA person must not, without reasonable excuse, obstruct or hinder an OHS inspector in the exercise of an OHS inspector's powers under clause 49, 50 or 51.\n\t(b)\tin the case of a body corporate—$27 500.\nSubdivision B—Other powers\n54—Power to require assistance and information\n\t(1)\tAn OHS inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of an inspection, require—\n\t(a)\tthe operator of a facility; or\n\t(b)\tthe person in charge of operations at a workplace in relation to a facility; or\n\t(c)\ta member of the workforce at a facility; or\n\t(d)\tany person representing a person referred to in paragraph (a) or (b),\nto provide the OHS inspector with reasonable assistance and facilities—\n\t(e)\tthat is or are reasonably connected with the conduct of the inspection at or near the facility; or\n\t(f)\tfor the effective exercise of the OHS inspector's powers under this Schedule in connection with the conduct of the inspection at or near the facility.\n\t(2)\tThe reasonable assistance referred to in subclause (1) includes, so far as the operator of the facility is concerned—\n\t(a)\tappropriate transport to or from the facility for the OHS inspector and for any equipment required by the OHS inspector, or any article of which the OHS inspector has taken possession; and\n\t(b)\treasonable accommodation and means of subsistence while the OHS inspector is at the facility.\n\t(3)\tA person must not fail, without reasonable excuse, to comply with a requirement under this clause.\n\t(a)\tin the case of a natural person—$3 300 or imprisonment for 6 months or both;\n55—Power to require the answering of questions and the production of documents or articles\n\t(a)\tan OHS inspector believes on reasonable grounds that a person is capable of answering a question that is reasonably connected with the conduct of an inspection; and\n\t(b)\tthe person is—\n\t(i)\tthe operator of a facility; or\n\t(ii)\tthe person in charge of operations at a workplace in relation to a facility; or\n\t(iii)\ta member of the workforce at a facility; or\n\t(iv)\tany person representing a person referred to in subparagraph (i) or (ii),\nthe OHS inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to answer the question put by the OHS inspector.\n\t(2)\tIf, at the time when a requirement under subclause (1) is imposed on a person, the person is not physically present on regulated business premises, the person is not obliged to comply with the requirement unless the requirement—\n\t(a)\tis in writing; and\n\t(b)\tspecifies the day on or before which the question is to be answered (being at least 14 days after the day on which the requirement is imposed); and\n\t(c)\tis accompanied by a statement to the effect that a failure to comply with the requirement is an offence.\n\t(a)\tan OHS inspector believes on reasonable grounds that a person is capable of producing a document or article that is reasonably connected with the conduct of an inspection; and\n\t(b)\tthe person is—\n\t(i)\tthe operator of a facility; or\n\t(ii)\tthe person in charge of operations at a workplace in relation to a facility; or\n\t(iii)\ta member of the workforce at a facility; or\n\t(iv)\tany person representing a person referred to in subparagraph (i) or (ii),\nthe OHS inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to produce the document or article.\n\t(4)\tIf, at the time when a requirement under subclause (3) is imposed on a person, the person is not physically present on regulated business premises, the person is not obliged to comply with the requirement unless the requirement—\n\t(a)\tis in writing; and\n\t(b)\tspecifies the day on or before which the document or article is to be produced (being at least 14 days after the day on which the requirement is imposed); and\n\t(c)\tis accompanied by a statement to the effect that a failure to comply with the requirement is an offence.\n\t(5)\tA person must not—\n\t(a)\tfail, without reasonable excuse, to comply with a requirement under this clause; or\n\t(b)\tin purported compliance with a requirement under this clause, give information that is false or misleading in a material particular.\n\t(a)\tin the case of a natural person—$3 300 or imprisonment for 6 months or both;\n56—Privilege against self-incrimination\n\t(1)\tA person is not excused from answering a question or producing a document or article when required to do so under clause 55 on the ground that the answer to the question, or the production of the document or article, may tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tHowever—\n\t(a)\tthe answer given or document or article produced; or\n\t(b)\tanswering the question or producing the document or article; or\n\t(c)\tany information, document or thing obtained as a direct or indirect consequence of the answering of the question or the production of the document or article,\nis not admissible in evidence against the person—\n\t(d)\tin any civil proceedings; or\n\t(e)\tin any criminal proceedings other than proceedings for an offence against clause 55.\n57—Power to take possession of plant, take samples of substances etc\n\t(1)\tIn conducting an inspection, an OHS inspector may, to the extent that it is reasonably necessary for the purposes of inspecting, examining, taking measurements of or conducting tests concerning, any plant, substance or thing at a facility in connection with the inspection—\n\t(a)\ttake possession of the plant, substance or thing and remove it from the facility; or\n\t(b)\ttake a sample of the substance or thing and remove that sample from the facility.\n\t(2)\tOn taking possession of plant, a substance or a thing, or taking a sample of a substance or thing, the OHS inspector must, by notice in writing, inform—\n\t(a)\tthe operator of the facility; and\n\t(b)\tif the plant, substance or thing is used for the performance of work by an employer of a member or members of the workforce at the facility other than the operator of the facility—that employer; and\n\t(c)\tif the plant, substance or thing is owned by a person other than a person mentioned in paragraph (a) or (b)—that person; and\n\t(d)\tif there is a health and safety representative for a designated work group that includes a member of the workforce who is affected by the matter to which the inspection relates—that representative,\nof the taking of possession or the taking of the sample, as the case may be, and the reasons for it.\n\t(3)\tIf the OHS inspector gives the notice to the operator of the facility to which the inspection relates, the operator's representative at the facility must cause the notice to be displayed in a prominent place at the workplace from which the plant, substance or thing was removed.\n\t(4)\tIf the OHS inspector takes possession of plant, a substance or a thing at a workplace for the purpose of inspecting, examining, taking measurements of or conducting tests concerning, the plant, substance or thing, the OHS inspector must—\n\t(a)\tensure that the inspection, examination, measuring or testing is conducted as soon as practicable; and\n\t(b)\treturn it to the workplace as soon as practicable afterwards.\n\t(5)\tAs soon as practicable after completing any such inspection, examination, measurement or testing, the investigator must give a written statement setting out the results to each person whom the investigator is required to notify under subclause (2).\n58—Power to direct that workplace etc not be disturbed\n\t(1)\tAn OHS inspector may give a direction under subclause (2) if, in conducting an inspection, the OHS inspector has reasonable grounds to believe that it is reasonably necessary to do so in order to—\n\t(a)\tremove an immediate threat to the health or safety of any person; or\n\t(b)\tallow the inspection, examination or taking of measurements of, or conducting of tests concerning, a facility or any plant, substance or thing at the facility.\n\t(2)\tIf subclause (1) applies, the OHS inspector may direct, by written notice given to the operator's representative at the facility, that the operator must ensure that—\n\t(a)\ta particular workplace; or\n\t(b)\tparticular plant, or a particular substance or thing,\nnot be disturbed for a period specified in the direction.\n\t(3)\tThe period specified in the direction must be a period that the OHS inspector has reasonable grounds to believe is necessary in order to remove the threat or to allow the inspection, examination, measuring or testing to take place.\n\t(4)\tThe direction may be renewed by another direction in the same terms.\n\t(5)\tIf an OHS inspector gives a notice to the operator's representative under subclause (2), the operator's representative must cause the notice to be displayed in a prominent place at the workplace—\n\t(a)\tthat is to be left undisturbed; or\n\t(b)\twhere the plant, substance or thing that is to be left undisturbed is located.\n\t(6)\tAs soon as practicable after giving the direction, the OHS inspector must take reasonable steps to notify—\n\t(a)\tif the workplace, plant, substance or thing to which the direction relates is owned by a person other than the operator of the facility—that person; and\n\t(b)\tif there is a health and safety representative for a designated work group that includes a group member performing work—\n\t(i)\tat a workplace; or\n\t(ii)\tinvolving the plant, substance or thing,\nto which the direction relates—that representative,\nof the direction and the reasons for giving it.\n\t(7)\tThe operator of a facility to which a direction concerning a workplace, plant, substance or a thing relates must ensure that the direction is complied with.\n\t(8)\tA direction under subclause (2) must be accompanied by a statement setting out the reasons for the direction.\n59—Power to issue prohibition notices\n\t(1)\tIf, having conducted an inspection, an OHS inspector is satisfied on reasonable grounds that it is reasonably necessary to issue a prohibition notice to the operator of a facility in order to remove an immediate threat to the health or safety of any person, the OHS inspector may issue a prohibition notice, in writing, to the operator.\n\t(2)\tThe notice must be issued to the operator by giving it to the operator's representative at the facility.\n\t(3)\tThe notice must—\n\t(a)\tspecify the activity in respect of which, in the OHS inspector's opinion, the threat to health or safety has arisen, and set out the reasons for that opinion; and\n\t(b)\teither—\n\t(i)\tdirect the operator to ensure that the activity is not engaged in; or\n\t(ii)\tdirect the operator to ensure that the activity is not engaged in in a specified manner.\n\t(4)\tA specified manner may relate to any one or more of the following:\n\t(a)\tany workplace, or part of a workplace, at which the activity is not to be engaged in;\n\t(b)\tany plant or substance that is not to be used in connection with the activity;\n\t(c)\tany procedure that is not to be followed in connection with the activity.\n\t(5)\tThe notice may specify action that may be taken to satisfy an OHS inspector that adequate action has been taken to remove the threat to health and safety.\n\t(6)\tThe operator's representative at the facility must—\n\t(a)\tgive a copy of the notice to each health and safety representative (if any) for any designated work group having group members performing work that is affected by the notice; and\n\t(b)\tcause a copy of the notice to be displayed at a prominent place at or near each workplace at which that work is performed.\n\t(7)\tIf the notice relates to any workplace, plant, substance or thing that is owned by a person other than the operator, the OHS inspector must, upon issuing the notice, give a copy of the notice to that person.\n60—Compliance with prohibition notice\n\t(1)\tAn operator must ensure that a prohibition notice issued to the operator is complied with.\n\t(2)\tIf an OHS inspector is satisfied that action taken by the operator to remove the threat to health and safety in respect of which the notice was issued is not adequate, the OHS inspector must inform the operator accordingly.\n\t(3)\tA prohibition notice ceases to have effect when an OHS inspector notifies the operator that the OHS inspector is satisfied that the operator has taken adequate action to remove the threat to health or safety.\n\t(4)\tIn making a decision under subclause (2), an OHS inspector may exercise any of the powers of an OHS inspector conducting an inspection that the OHS inspector considers necessary for the purposes of making the decision.\n61—Power to issue improvement notices\n\t(1)\tIf, in conducting an inspection, an OHS inspector believes on reasonable grounds that a person—\n\t(a)\tis contravening a provision of a listed OHS law; or\n\t(b)\thas contravened a provision of a listed OHS law and is likely to contravene that provision again,\nthe OHS inspector may issue an improvement notice, in writing, to the person (the responsible person).\n\t(2)\tIf the responsible person is the operator, the improvement notice may be issued to the operator by giving it to the operator's representative at the facility.\n\t(3)\tIf the responsible person is an employer (other than the operator) of members of the workforce, but it is not practicable to give the notice to that employer—\n\t(a)\tthe improvement notice may be issued to the employer by giving it to the operator's representative at the facility; and\n\t(b)\tif the notice is so issued—the operator must ensure that a copy of the notice is given to the employer as soon as practicable afterwards.\n\t(4)\tThe notice—\n\t(a)\tmust specify the contravention that the OHS inspector believes is occurring or is likely to occur, and set out the reasons for that belief; and\n\t(b)\tmust specify a reasonable period within which the responsible person is to take the action necessary to prevent any further contravention or to prevent the likely contravention, as the case may be; and\n\t(c)\tmay specify action that the responsible person is to take during the period specified in the notice.\n\t(5)\tIf the OHS inspector believes on reasonable grounds that it is appropriate to do so, the OHS inspector may, in writing and before the end of the period, extend the period specified in the notice.\n\t(6)\tIf an improvement notice is issued to an employer (other than the operator) of members of the workforce in circumstances other than the circumstance referred to in subclause (3), the employer must immediately ensure that a copy of the notice is given to the operator's representative at the facility.\n\t(7)\tIf a notice is issued to the operator or to an employer (other than the operator) of members of the workforce, the operator's representative at the facility must—\n\t(a)\tgive a copy of the notice to each health and safety representative for a designated work group having group members performing work that is affected by the notice; and\n\t(b)\tcause a copy of the notice to be displayed in a prominent place at or near each workplace at which the work is being performed.\n\t(8)\tOn issuing a notice, the OHS inspector must give a copy of the notice to—\n\t(a)\tif the notice is—\n\t(i)\tgiven to a member of the workforce who is an employee; and\n\t(ii)\tin connection with work performed by the employee,\nthe employer of that employee; and\n\t(b)\tif the notice relates to any workplace, plant, substance or thing that is owned by a person other than—\n\t(i)\ta responsible person; or\n\t(ii)\ta person who is an employer referred to in paragraph (a),\nthat owner; and\n\t(c)\tif the notice is issued to a person who owns any workplace, plant, substance or thing, because of which a contravention of a listed OHS law has occurred or is likely to occur—\n\t(i)\tthe operator of the facility; and\n\t(ii)\tif the employer of employees who work in that workplace or who use that plant, substance or thing is a person other than the operator—that employer.\n62—Compliance with improvement notice\nA person to whom an improvement notice is issued must comply with it to the extent that the notice relates to any matter over which the person has control.\n63—Notices not to be tampered with or removed\n\t(1)\tA person must not, without reasonable excuse, tamper with any notice that has been displayed under clause 57(3), 58(5), 59(6) or 61(7) while that notice is so displayed.\n\t(2)\tIf a notice has been displayed under clause 57(3), a person must not, without reasonable excuse, remove the notice until the plant or thing to which the notice relates is returned to the workplace from which it was removed.\n\t(3)\tIf a notice has been displayed under clause 58(5), 59(6) or 61(7), a person must not, without reasonable excuse, remove the notice before it has ceased to have effect.\nDivision 4—Reports on inspections\n64—Reports on inspections\n\t(1)\tIf an OHS inspector has conducted an inspection, the OHS inspector must, as soon as practicable, prepare a written report relating to the inspection and give the report to the Safety Authority.\n\t(2)\tThe report must include—\n\t(a)\tthe OHS inspector's conclusions from conducting the inspection and the reasons for those conclusions; and\n\t(b)\tany recommendations that the OHS inspector wishes to make arising from the inspection; and\n\t(c)\tany other prescribed matters.\n\t(3)\tAs soon as practicable after receiving the report, the Safety Authority must give a copy of the report, together with any written comments that it wishes to make—\n\t(a)\tto the operator of the facility to which the report relates; and\n\t(b)\tif the report relates to activities performed by an employee of another person—that other person; and\n\t(c)\tif the report relates to any plant, substance or thing owned by another person—that other person.\n\t(4)\tThe Safety Authority may, in writing, request the operator or any other person to whom the report is given to provide to the Safety Authority, within a reasonable period specified in the request, details of—\n\t(a)\tany action proposed to be taken as a result of the conclusions or recommendations contained in the report; and\n\t(b)\tif a notice has been issued under clause 59 or 61 in relation to work being performed for the operator or that other person—any action taken, or proposed to be taken, in respect of that notice,\nand the operator or that other person must comply with the request.\n\t(5)\tAs soon as practicable after receiving a report, the operator of a facility must give a copy of the report, together with any written comment made by the Safety Authority on the report—\n\t(a)\tif there is a least one health and safety committee in respect of some or all of the members of the workforce—to each such committee; and\n\t(b)\tif there is no such committee in respect of some or all of the members of the workforce, but some or all of those members (in respect of which there is no such committee) are in at least one designated work group for which there is a health and safety representative—to each such health and safety representative.\nDivision 5—Appeals\n65—Appeals\n\t(1)\tIf an OHS inspector, in conducting an inspection or having conducted an inspection—\n\t(a)\tdecides, under clause 38, to confirm or vary a provisional improvement notice; or\n\t(b)\tdecides, under clause 57, to take possession of plant, a substance or a thing at a workplace; or\n\t(c)\tdecides, under clause 58, to direct that a workplace, a part of a workplace, plant, a substance or a thing not be disturbed; or\n\t(d)\tdecides, under clause 59, to issue a prohibition notice; or\n\t(e)\tdecides, under clause 60, that the operator of a facility to whom a prohibition notice has been issued has not taken adequate action to remove the threat to health and safety that caused the notice to be issued; or\n\t(f)\tdecides, under clause 61, to issue an improvement notice,\na person referred to in subclause (2) may appeal to the reviewing authority against the decision, by giving notice in writing to the reviewing authority.\n\t(2)\tThe following persons may appeal, as applicable:\n\t(a)\tthe operator of the facility or any employer (other than the operator) who is affected by the decision; or\n\t(b)\ta person to whom a notice has been issued under clause 37(2) or 61(1); or\n\t(c)\tthe health and safety representative for a designated work group having a group member affected by the decision; or\n\t(d)\ta workforce representative in relation to the designated work group that includes a group member who is affected by the decision and who has requested the workforce representative to make the appeal; or\n\t(e)\tif there is no such designated work group, and a member of the workforce affected by the decision has requested a workforce representative in relation to the member to make the appeal—that workforce representative; or\n\t(f)\ta person who owns any workplace, plant, substance or thing to which the decision referred to in subclause (1)(a), (b), (c) or (f) relates.\n\t(3)\tIf an OHS inspector, having conducted an inspection—\n\t(a)\tdecides under clause 38 to cancel a provisional improvement notice; or\n\t(b)\tdecides under clause 60 that the operator of a facility to whom a prohibition notice has been issued has taken adequate action to remove the threat to health and safety that caused the notice to be issued,\nan appeal against a decision may be made, by notice in writing, to the reviewing authority by—\n\t(c)\tthe health and safety representative for a designated work group having a group member affected by the decision; or\n\t(d)\ta workforce representative in relation to the designated work group that includes a group member who is affected by the decision and who has requested the workforce representative to make the appeal; or\n\t(e)\tif there is no such designated work group, and a member of the workforce affected by the decision has requested a workforce representative in relation to the member to make the appeal—that workforce representative.\n\t(4)\tSubject to this clause, giving notice of an appeal does not affect the operation of the decision appealed against or prevent the taking of action to implement that decision, except to the extent that the reviewing authority makes an order to the contrary.\n\t(5)\tIf the decision appealed against is a decision under clause 61 to issue an improvement notice, the operation of the decision is suspended pending determination of the appeal, except to the extent that the reviewing authority makes an order to the contrary.\n\t(6)\tIf the decision appealed against is a decision of an OHS inspector under clause 38 to confirm or vary a provisional improvement notice whose operation has been suspended pending the inspection of the matter to which the notice relates, the operation of the notice is further suspended pending determination of the appeal, except to the extent that the reviewing authority makes an order to the contrary.\n66—Powers of reviewing authority on appeal\n\t(1)\tOn an appeal, the reviewing authority may—\n\t(a)\taffirm or revoke the decision appealed against; and\n\t(b)\tif it revokes the decision—substitute any other decision of the kind appealed against that it thinks appropriate.\n\t(2)\tIf the decision is—\n\t(a)\tvaried; or\n\t(b)\trevoked; or\n\t(c)\trevoked with the substitution of another decision,\nthe decision is taken to have effect, and always to have had effect, accordingly.\n\t(a)\tthe decision appealed against is a decision under clause 57 to take possession of plant, a substance or a thing at a workplace; and\n\t(b)\tthe decision is not affirmed,\nthe OHS inspector who made the decision must ensure that, to the extent that the decision is not affirmed, the plant, substance or thing is returned to the workplace as soon as practicable.\n","sortOrder":18},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"Part 5—General\n67—Notifying and reporting accidents and dangerous occurrences\n\t(1)\tIf, at or near a facility, there is—\n\t(a)\tan accident that causes the death of, or serious personal injury to, any person; or\n\t(b)\tan accident that causes a member of the workforce to be incapacitated from performing work for a period prescribed for the purposes of this paragraph; or\n\t(c)\ta dangerous occurrence,\nthe operator must, in accordance with the regulations, give the Safety Authority notice of, and a report about, the accident or dangerous occurrence.\n\t(2)\tRegulations made for the purposes of subclause (1) (other than regulations made for the purpose of subclause (1)(b)) may prescribe—\n\t(a)\tthe time within which, and the manner in which, notice of an accident or dangerous occurrence is to be given, and the form of the notice; and\n\t(b)\tthe time within which, and the manner in which, a report of an accident or dangerous occurrence is to be given, and the form of the report.\n\t(3)\tSubclause (2) does not limit regulations that may be made for the purposes of subclause (1).\n68—Records of accidents and dangerous occurrences to be kept\n\t(1)\tThe operator of a facility must maintain, in accordance with the regulations, a record of each accident or dangerous occurrence in respect of which the operator is required by clause 67 to notify the Safety Authority.\n\t(2)\tRegulations made for the purposes of subclause (1) may prescribe—\n\t(a)\tthe nature of the contents of a record maintained under this clause; and\n\t(b)\tthe period for which the record must be retained.\n\t(3)\tSubclause (2) does not limit regulations that may be made for the purposes of subclause (1).\n69—Codes of practice\n\t(1)\tThe regulations may prescribe codes of practice for the purpose of providing practical guidance to operators of facilities and employers (other than operators) of members of the workforce at facilities.\n\t(2)\tA person is not liable to any civil or criminal proceedings for contravening a code of practice.\n70—Use of codes of practice in proceedings\n\t(1)\tThis clause applies if, in any proceedings for an offence against a listed OHS law, it is alleged that a person contravened a provision of a listed OHS law in relation to which a code of practice was in effect at the time of the alleged contravention.\n\t(2)\tThe code of practice is admissible in evidence in those proceedings.\n\t(3)\tIf the court is satisfied, in relation to any matter which it is necessary for the prosecution to prove in order to establish the alleged contravention, that—\n\t(a)\tany provision of the code of practice is relevant to that matter; and\n\t(b)\tthe person failed at any material time to comply with that provision of the code of practice,\nthat matter is treated as proved unless the court is satisfied that in respect of that matter the person complied with that provision of a listed OHS law otherwise than by complying with the code of practice.\n71—Interference etc with equipment etc\nA person must not, without reasonable excuse, do anything that results in the interference with, or the rendering ineffective of, any protective equipment or safety device provided for the occupational health, safety or welfare of members of the workforce at a facility if the person knew (or ought reasonably to have known) that the equipment or device was protective equipment or a safety device.\n\t(a)\tin the case of a natural person—$3 300 or imprisonment for 6 months or both;\n72—Members of workforce not to be levied\nThe operator of a facility or an employer (other than the operator) of members of the workforce at a facility must not levy, or permit to be levied, on a member of the workforce any charge in respect of anything done or provided in accordance with a listed OHS law in order to ensure the occupational health, safety or welfare of persons at or near the facility.\n73—Victimisation\n\t(1)\tAn employer (whether the operator or another person) must not—\n\t(a)\tdismiss an employee; or\n\t(b)\tperform an act that results in injury to an employee in his or her employment; or\n\t(c)\tperform an act that prejudicially alters the employee's position (whether by deducting or withholding remuneration or by any other means); or\n\t(d)\tthreaten to do any of those things,\nbecause the employee—\n\t(e)\thas complained or proposes to complain about a matter concerning the health, safety or welfare of employees at work; or\n\t(f)\thas assisted or proposes to assist, by giving information or otherwise, the conduct of an inspection; or\n\t(g)\thas ceased, or proposes to cease, to perform work, in accordance with a direction by a health and safety representative under clause 43(1)(b) or (3)(c), and the cessation or proposed cessation does not continue after—\n\t(i)\tthe health and safety representative has agreed with a person supervising the work that the cessation or proposed cessation was not, or is no longer, necessary; or\n\t(ii)\tan OHS inspector has, under clause 43(5), made a decision that has the effect that the employee should perform the work.\n\t(2)\tIn proceedings for an offence against subclause (1), if all the relevant facts and circumstances, other than the reason for an action alleged in the charge, are proved, the defendant has the onus of establishing that the action was not taken for that reason.\n74—Institution of prosecutions\n\t(1)\tProceedings for an offence against a listed OHS law may be instituted by the Safety Authority or by an OHS inspector.\n\t(2)\tA health and safety representative for a designated work group may request the Safety Authority to institute proceedings for an offence against a listed OHS law in relation to the occurrence of an act or omission if—\n\t(a)\ta period of 6 months has elapsed since the act or omission occurred; and\n\t(b)\tthe health and safety representative considers that the occurrence of the act or omission constitutes an offence against a listed OHS law; and\n\t(c)\tproceedings in respect of the offence have not been instituted.\n\t(3)\tA workforce representative in relation to a designated work group may request the Safety Authority to institute proceedings for an offence against a listed OHS law in relation to the occurrence of an act or omission if—\n\t(a)\ta period of 6 months has elapsed since the act or omission occurred; and\n\t(b)\tthe workforce representative considers that the occurrence of the act or omission constitutes an offence against a listed OHS law; and\n\t(c)\tproceedings in respect of the offence have not been instituted; and\n\t(d)\ta group member included in the group requests the workforce representative to request the Safety Authority to institute the proceedings.\n\t(4)\tA request under subclause (2) or (3) must be in writing.\n\t(5)\tThe Safety Authority must, within 3 months after receiving the request, advise the health and safety representative or the workforce representative, as the case may be, whether proceedings under subclause (1) have been or will be instituted, and, if not, give reasons why not.\n75—Role of Commonwealth DPP\nThe Commonwealth Director of Public Prosecutions has the same functions and powers in respect of an offence against a listed OHS law as he or she would have if that offence were an offence against a law of the Commonwealth, including the power to institute and carry on an appeal arising out of a prosecution for that offence.\n76—Conduct of directors, employees and agents\n\t(1)\tThis clause has effect for the purposes of a proceeding for an offence against a listed OHS law.\n\t(2)\tIf it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—\n\t(a)\tthat the conduct was engaged in by a director, employee or agent of the body corporate within the scope of actual or apparent authority; and\n\t(b)\tthat the director, employee or agent had the state of mind.\n\t(3)\tAny conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of actual or apparent authority is taken to have been engaged in also by the body corporate unless it establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n\t(4)\tIf it is necessary to establish the state of mind of a natural person in relation to particular conduct, it is sufficient to show—\n\t(a)\tthat the conduct was engaged in by an employee or agent of the natural person within the scope of actual or apparent authority; and\n\t(b)\tthat the employee or agent had the state of mind.\n\t(5)\tAny conduct engaged in on behalf of a natural person by an employee or agent of the natural person within the scope of actual or apparent authority is taken to have been engaged in also by the natural person unless the natural person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n\t(6)\tIf—\n\t(a)\ta natural person is found guilty of an offence; and\n\t(b)\the or she would not have been found guilty of the offence if subclauses (4) and (5) had not been enacted,\nhe or she is not liable to be punished by imprisonment for that offence.\n\t(7)\tA reference in subclause (2) or (4) to the state of mind of a person includes a reference to—\n\t(a)\tthe person's knowledge, intention, opinion, belief or purpose; and\n\t(b)\tthe person's reasons for the intention, opinion, belief or purpose.\n77—Act not to give rise to other liabilities etc\nThis Schedule does not—\n\t(a)\tconfer a right of action in any civil proceeding in respect of any contravention of a provision of a listed OHS law; or\n\t(b)\tconfer a defence to an action in any civil proceeding or otherwise affect a right of action in any civil proceeding.\n78—Circumstances preventing compliance may be defence to prosecution\nIt is a defence to a prosecution for refusing or failing to do anything required by a listed OHS law if the defendant proves that it was not practicable to do it because of an emergency prevailing at the relevant time.\n79—Regulations—general\n\t(1)\tThe regulations may prescribe—\n\t(a)\tprocedures for the selection of persons, under clause 40, as members of health and safety committees, to represent the interests of members of the workforce at a facility; and\n\t(b)\tprocedures to be followed at meetings of health and safety committees; and\n\t(c)\tthe manner in which notices are to be served under this Schedule or the regulations; and\n\t(d)\tforms for the purposes of this Schedule or the regulations.\n\t(2)\tIf the Minister is satisfied that—\n\t(a)\ta power, function or duty is conferred or imposed on a person under a law of this State or the Commonwealth; and\n\t(b)\tthe proper exercise of the power or performance of the function or duty is or would be prevented by this Schedule or a provision of this Schedule,\nregulations made for the purposes of this subclause may declare that this Schedule, or the provision, as the case may be, does not apply to that person, or does not apply to that person in the circumstances specified in the regulations.\n\t(3)\tIn subclause (2)—\nthis Schedule includes regulations made for the purposes of this Schedule.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Petroleum (Submerged Lands) Act 1982 repealed the following:\nPetroleum (Submerged Lands) Act 1967\nLegislation amended by principal Act\nThe Petroleum (Submerged Lands) Act 1982 amended the following:\nOff-shore Waters (Application of Laws) Act 1976\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\nPetroleum (Submerged Lands) Act 1982\n11.3.1982\n14.2.1983 (Gazette 17.3.1983 p655)\nPetroleum (Submerged Lands) Act Amendment Act 1987\n5.3.1987\n11.10.1990 (Gazette 11.10.1990 p1122)\nPetroleum (Submerged Lands) (Miscellaneous) Amendment Act 1994\n26.5.1994\n27.10.1994 (Gazette 27.10.1994 p1292)\nPetroleum (Submerged Lands) (Miscellaneous) Amendment Act 2004\n16.12.2004\nPt 2 (ss 4—79) and Sch 1 (cl 4)—1.1.2005 (Gazette 16.12.2004 p4592) \nMarine Parks Act 2007\n29.11.2007\nSch 1 (cl 48)—6.11.2008 (Gazette 6.11.2008 p5055)\nStatutes Amendment (National Industrial Relations System) Act 2009\n26.11.2009\nPt 10 (s 38)—1.1.2010 (Gazette 17.12.2009 p6351)\nStatutes Amendment (Personal Property Securities) Act 2011\n14.4.2011\nPt 22 (s 54)—16.6.2011 (Gazette 16.6.2011 p2610)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 1\n\ns 1(2) and (3)\nomitted under Legislation Revision and Publication Act 2002\ns 2\n\ns 2(1)\nomitted under Legislation Revision and Publication Act 2002\ns 3\namended by 4/1987 s 3\n\ndeleted by 50/2004 s 4\ns 4\n\ns 4(1)\n\napplication for a primary licence\namended by 4/1987 s 4(a)\napplication for a secondary licence\namended by 4/1987 s 4(b)\nblock\namended by 4/1987 s 4(c)\nCommonwealth Act\ninserted by 50/2004 s 5(1)\nCommonwealth Minister\ninserted by 50/2004 s 5(1)\nlease\nlease area\nlessee\nlisted OHS laws\ninserted by 50/2004 s 5(2)\nOHS inspector\ninserted by 50/2004 s 5(3)\npartly determined\namended by 4/1987 s 4(e)\nprimary entitlement\nsubstituted by 4/1987 s 4(f)\nprimary licence\namended by 4/1987 s 4(g)\nSafety Authority\ninserted by 50/2004 s 5(4)\nsecondary licence\namended by 4/1987 s 4(h)\nregistered holder\namended by 4/1987 s 4(i), (j)\nthe adjacent area\namended by 4/1987 s 4(k)(i)\n\n(a)—(c) deleted by 4/1987 s 4(k)(ii)\nthe Commonwealth Act\ndeleted by 50/2004 s 5(5)\nthe relinquished area\namended by 4/1987 s 4(l), (m), (n)\nwholly cancelled\namended by 4/1987 s 4(o)\nwholly determined\namended by 4/1987 s 4(p)\ns 4(3)\ndeleted by 4/1987 s 4(q)\ns 4(4)\namended by 4/1987 s 4(r), (s)\ns 4(5)\nsubstituted by 4/1987 s 4(t)\ns 4(6a)\ninserted by 4/1987 s 4(u)\ns 4(10)\namended by 4/1987 s 4(r)\ns 5A\ninserted by 60/2007 Sch 1 cl 48\n6.11.2008\ns 5B\ninserted by 11/2011 s 54\n16.6.2011\ns 6\n\ns 6(10)\nsubstituted by 4/1987 s 5\ns 7A\ninserted by 4/1987 s 6\ns 8\nsubstituted by 50/2004 s 6\ns 14A\ninserted by 50/2004 s 7\nPt 3\n\nPt 3 Div 1\n\ns 17\n\ns 17(1)\namended by 4/1987 s 7(a), (b)\ns 17(2)\namended by 4/1987 s 7(c)\nPt 3 Div 2\n\ns 18\n\ns 18(1)\ns 18 redesignated as s 18(1) by 29/1994 s 3\ns 18(2)\ninserted by 29/1994 s 3\ns 19\n\ns 19(3)—(5)\ndeleted by 29/1994 s 4\ns 20\n\ns 20(1)\namended by 29/1994 s 5(a)\ns 20(5)\ndeleted by 29/1994 s 5(b)\ns 21\n\ns 21(1)\namended by 29/1994 s 6(a)\ns 21(2)\namended by 29/1994 s 6(b)\ns 21(3)\namended by 29/1994 s 6(c)\ns 21(4) and (5)\nsubstituted by 29/1994 s 6(d)\ns 22\n\ns 22(1)\namended by 4/1987 s 8\ns 22(2) and (3)\ndeleted by 29/1994 s 7\ns 23\n\ns 23(1)\namended by 29/1994 s 8(a)\ns 23(2)\nsubstituted by 29/1994 s 8(b)\ns 24\n\ns 24(3) and (4)\ndeleted by 29/1994 s 9(a)\ns 24(5)\namended by 29/1994 s 9(b), (c)\n\n(b)(iii) deleted by 29/1994 s 9(c)\ns 25\n\ns 25(1)\namended by 29/1994 s 10(a), (b)\n\n(c) deleted by 29/1994 s 10(b)\ns 25(2)\namended by 29/1994 s 10(c), (d)\n\n(c) deleted by 29/1994 s 10(d)\ns 26\namended by 29/1994 s 11\n\n(c) deleted by 29/1994 s 11(b)\ns 28\namended by 4/1987 s 9\ns 29\n\ns 29(1)\namended by 50/2004 s 8\ns 29(2)\namended by 29/1994 s 12\ns 30A\ninserted by 50/2004 s 9\ns 31\n\ns 31(1) and (2)\nsubstituted by 29/1994 s 13(a)\ns 31(4)\namended by 29/1994 s 13(b)\ns 31(5)\namended by 29/1994 s 13(c)\ns 31(6) and (7)\nsubstituted by 29/1994 s 13(d)\ns 34\n\ns 34(1)\namended by 4/1987 s 10\ns 35\namended by 4/1987 s 11\n\nsubstituted by 29/1994 s 14\ns 36\namended by 4/1987 s 12\n\nsubstituted by 29/1994 s 14\ns 37\namended by 29/1994 s 15\nPt 3 Div 2A\ninserted by 4/1987 s 13\ns 37A\n\ns 37A(2)\namended by 29/1994 s 16\ns 37B\n\ns 37B(1)\namended by 29/1994 s 17(a)\ns 37B(3)\namended by 29/1994 s 17(b)\ns 37B(4)\namended by 29/1994 s 17(c)\ns 37B(5) and (6)\nsubstituted by 29/1994 s 17(d)\ns 37BA\ninserted by 29/1994 s 18\ns 37F\n\ns 37F(2)\namended by 29/1994 s 19(a)\ns 37F(4)\namended by 29/1994 s 19(b)\ns 37G\n\ns 37G(1) and (2)\nsubstituted by 29/1994 s 20(a)\ns 37G(4)\namended by 29/1994 s 20(b)\ns 37G(6)\namended by 29/1994 s 20(c)\ns 37G(7) and (8)\nsubstituted by 29/1994 s 20(d)\ns 37H\n\ns 37H(4)\namended by 50/2004 s 10\nPt 3 Div 3\n\ns 39\n\ns 39(1)\namended by 29/1994 s 21(a)\ns 39(2)\namended by 29/1994 s 21(b)\ns 39(3)\namended by 29/1994 s 21(c)\ns 39(4)\namended by 4/1987 s 14(a)\ns 39(5)\ninserted by 4/1987 s 14(b)\ns 39A\ninserted by 4/1987 s 15\ns 39A(1)\namended by 29/1994 s 22(a)\ns 39A(3)\namended by 29/1994 s 22(b)\ns 40\n\ns 40(1)\namended by 4/1987 s 16\n\namended by 29/1994 s 23\ns 42\n\ns 42(1)\namended by 4/1987 s 17\n\namended by 29/1994 s 24(a)\ns 42(2)\namended by 29/1994 s 24(b)\ns 43\n\ns 43(1)\namended by 29/1994 s 25(a)\ns 43(2)\nsubstituted by 29/1994 s 25(b)\ns 43(3)\namended by 4/1987 s 18(a), (b)\ns 43(4)\nsubstituted by 29/1994 s 25(c)\ns 43(5)\namended by 4/1987 s 18(c)\ns 43A\ninserted by 29/1994 s 26\ns 44\n\ns 44(2)\namended by 4/1987 s 19\ns 45\n\ns 45(1a)\ninserted by 4/1987 s 20(a)\ns 45(2)\namended by 4/1987 s 20(b), (c)\ns 45(3)\nsubstituted by 4/1987 s 20(d)\n\namended by 29/1994 s 27\ns 45(4)\ninserted by 4/1987 s 20(d)\ns 45(5) and (6)\ninserted by 4/1987 s 20(d)\n\namended by 29/1994 s 27\ns 46\n\ns 46(1)\namended by 4/1987 s 21\ns 46(4) and (5)\ndeleted by 29/1994 s 28(a)\ns 46(6)\namended by 29/1994 s 28(b)\n\n(e) deleted by 29/1994 s 28(c)\ns 47\n\ns 47(1)\namended by 29/1994 s 29(a)—(c)\ns 47(2)\nsubstituted by 29/1994 s 29(d)\ns 47(3)\namended by 29/1994 s 29(e)\ns 48\n\ns 48(3) and (4)\ndeleted by 29/1994 s 30(a)\ns 48(5)\namended by 29/1994 s 30(b)\n\n(c)(iii) deleted by 29/1994 s 30(c)\ns 48(6)\namended by 29/1994 s 30(d)\n\n(c) deleted by 29/1994 s 30(e)\ns 48(7)\namended by 29/1994 s 30(f)—(h)\n\n(c) deleted by 29/1994 s 30(h)\ns 49\namended by 29/1994 s 31\n\n(c) deleted by 29/1994 s 31(b)\ns 50\n\ns 50(2)\namended by 29/1994 s 32(a)\ns 50(3)\ndeleted by 29/1994 s 32(b)\ns 50(4)\nsubstituted by 29/1994 s 32(c)\ns 50(6)\namended by 4/1987 s 22\ns 52\namended by 4/1987 s 23\ns 53\n\ns 53(2)\namended by 4/1987 s 24\n\namended by 29/1994 s 33\ns 53(3)\namended by 4/1987 s 24\ns 54\n\ns 54(1)—(3)\nsubstituted by 29/1994 s 34(a)\ns 54(5)\namended by 29/1994 s 34(b), (c)\ns 54(6)\ndeleted by 29/1994 s 34(d)\ns 54(7)\namended by 29/1994 s 34(e)\ns 54(8)\namended by 29/1994 s 34(f)\ns 54(9) and (10)\nsubstituted by 29/1994 s 34(g)\ns 56\ndeleted by 29/1994 s 35\ns 57\n\ns 57(3) and (4)\nsubstituted by 4/1987 s 25(a)\ns 57(5)\ninserted by 4/1987 s 25(a)\ns 58\n\ns 58(2)\namended by 4/1987 s 26(a)\ns 58(3)\namended by 4/1987 s 26(b), (c)\ns 58(4)\namended by 4/1987 s 26(d)\ns 58(10)\nsubstituted by 4/1987 s 26(e)\ns 58(11)\namended by 50/2004 s 11(1)\ns 58(12)\namended by 29/1994 s 36\ns 58(13)\ninserted by 50/2004 s 11(2)\nPt 3 Div 4\n\ns 63\n\ns 63(1)\namended by 29/1994 s 37\ns 63(2)\namended by 50/2004 s 12\ns 64\n\ns 64(1)\nsubstituted by 29/1994 s 38(a)\ns 64(1a)\ninserted by 29/1994 s 38(a)\ns 64(2) and (3)\nsubstituted by 29/1994 s 38(a)\ns 64(5)\namended by 50/2004 s 13\ns 64(6)\ndeleted by 29/1994 s 38(b)\ns 64(7)\namended by 29/1994 s 38(c), (d)\ns 64(8)\namended by 29/1994 s 38(e)\ns 64(9)\namended by 29/1994 s 38(f), (g)\ns 64(10) and (11)\nsubstituted by 29/1994 s 38(h)\ns 64(12)\ndeleted by 29/1994 s 38(i)\ns 38\n\ns 66\n\ns 66(2)\nsubstituted by 4/1987 s 27\ns 67\n\ns 67(2)\namended by 4/1987 s 28\n\namended by 29/1994 s 39\ns 67(3)\namended by 4/1987 s 28\ns 68\n\ns 68(1) and (2)\nsubstituted by 29/1994 s 40(a)\ns 68(4)\namended by 29/1994 s 40(b)\ns 68(5)\namended by 29/1994 s 40(c)\ns 68(6) and (7)\nsubstituted by 29/1994 s 40(d)\ns 70\n\ns 70(2)\namended by 29/1994 s 41\nPt 3 Div 5\n\ns 73A\ninserted by 4/1987 s 29\ns 74\namended by 4/1987 s 30\ns 75\n\ns 75(1)\namended by 4/1987 s 31(a)—(e)\ns 75(2)\namended by 4/1987 s 31(f)\ns 75(3)\namended by 4/1987 s 31(g)\ns 75(4)\ndeleted by 4/1987 s 31(h)\ns 75(5)\namended by 4/1987 s 31(i)\ns 76\namended by 4/1987 s 32\ns 77\nsubstituted by 4/1987 s 33\ns 77(6)\nsubstituted by 29/1994 s 42(a)\ns 77(7)\namended by 29/1994 s 42(b)\ns 77(8)\ndeleted by 29/1994 s 42(c)\ns 78\n\ns 78(1)\namended by 4/1987 s 34(a), (b)\ns 78(2)\namended by 4/1987 s 34(c)\n\namended by 29/1994 s 43(a)\ns 78(3)\ninserted by 4/1987 s 34(d)\n\namended by 29/1994 s 43(b)\ns 79\ndeleted by 4/1987 s 35(1)\ns 80\nsubstituted by 4/1987 s 35(1)\ns 80(4)\nsubstituted by 29/1994 s 44(a)\ns 80(4a)\ninserted by 29/1994 s 44(a)\ns 80(8)\namended by 29/1994 s 44(b)\ns 80(13)\nsubstituted by 29/1994 s 44(c)\ns 80(13a)\ninserted by 29/1994 s 44(c)\ns 80A\ninserted by 4/1987 s 35(1)\ns 80A(2)\namended by 29/1994 s 45\ns 81\n\ns 81(1)\nsubstituted by 4/1987 s 36(a)\ns 81(2)\namended by 4/1987 s 36(b)\ns 82\namended by 4/1987 s 37\ns 83\n\ns 83(1)\namended by 4/1987 s 38(a), (b)\ns 83(1a)—(1c)\ninserted by 4/1987 s 38(c)\ns 83(2)\namended by 29/1994 s 46\ns 84\n\ns 84(1)\namended by 4/1987 s 39(a)\ns 84(1a)\ninserted by 4/1987 s 39(b)\ns 84(2)\namended by 4/1987 s 39(c)\ns 85\n\ns 85(1)\namended by 4/1987 s 40(a), (b)\n\namended by 29/1994 s 47\ns 85(2)\ndeleted by 4/1987 s 40(c)\ns 86\n\ns 86(2)\namended by 29/1994 s 48(a)\ns 86(3)\namended by 29/1994 s 48(b)\ns 86A\ninserted by 4/1987 s 41\ns 91\nsubstituted by 4/1987 s 42\ns 91(1)\namended by 29/1994 s 49(a)\ns 91(2)\nsubstituted by 29/1994 s 49(b)\ns 91(3)\namended by 29/1994 s 49(c)\ns 91(4)\namended by 29/1994 s 49(d)\ns 91(5)\namended by 29/1994 s 49(e)\ns 91(6)\namended by 29/1994 s 49(f)\ns 92\namended by 4/1987 s 43\nPt 3 Div 6\n\ns 93\namended by 4/1987 s 44\ns 94\n\ns 94(1)\ndeleted by 4/1987 s 45(a)\ns 94(2)\namended by 4/1987 s 45(b)—(d)\ns 94(3) and (4)\namended by 4/1987 s 45(d)\ns 95\n\ns 95(1)\namended by 4/1987 s 46(a)—(c)\ns 95(2)\namended by 4/1987 s 46(c)—(e)\ns 96\n\ns 96(1)\namended by 4/1987 s 47(a), (b)\ns 96(2)\namended by 4/1987 s 47(a)—(c)\ns 96(6)\namended by 4/1987 s 47(d)\n\ndeleted by 29/1994 s 50\ns 96A\ninserted by 29/1994 s 51\ns 97\n\ns 97(1)\namended by 4/1987 s 48\ns 99\n\ns 99(1)\namended by 4/1987 s 49\ns 99(2)\namended by 4/1987 s 49(a)\ns 100\n\ns 100(1) and (2)\nsubstituted by 4/1987 s 50(1)(a)\ns 100(2a)—(2c)\ninserted by 4/1987 s 50(1)(a)\ns 100(6) and (7)\nsubstituted by 4/1987 s 50(1)(b)\ns 100(8)\ninserted by 4/1987 s 50(1)(b)\ns 101\n\ns 101(1)\namended by 4/1987 s 51(a)\ns 101(2)\namended by 4/1987 s 51(b)\ns 101(2a)\ninserted by 4/1987 s 51(c)\ns 101(3)\namended by 4/1987 s 51(a)\ns 102\n\ns 102(1)\namended by 4/1987 s 52(a)—(d)\ns 102(2)\namended by 4/1987 s 52(a)\ns 102(3)\namended by 4/1987 s 52(e), (f)\ns 103\n\ns 103(1)\namended by 4/1987 s 53(a), (b)\ns 103(3)\namended by 4/1987 s 53(a)\ns 103(5)\namended by 4/1987 s 53(c)\ns 104\n\ns 104(1)\namended by 4/1987 s 54(a)—(c)\ns 104(2)\namended by 4/1987 s 54(a), (b), (d)\ns 105\n\ns 105(1)\namended by 4/1987 s 55(a), (b)\ns 105(2)\namended by 4/1987 s 55(c)\ns 105(3)\namended by 4/1987 s 55(d), (e)\ns 105(4)\namended by 4/1987 s 55(f)\ns 106\n\ns 106(1)\namended by 4/1987 s 56(a)—(c)\ns 106(2)\namended by 4/1987 s 56(b)—(d)\ns 106(3)\namended by 4/1987 s 56(c)\ns 107\namended by 4/1987 s 57\ns 110\n\ns 110(1)\nsubstituted by 4/1987 s 58(a)\ns 110(2)\namended by 29/1994 s 52\ns 110(6)\namended by 4/1987 s 58(b)\ns 110(6a) and (6b)\ninserted by 4/1987 s 58(c)\ns 111\n\ns 111(1)\namended by 4/1987 s 59(a), (b)\ns 111(1a)\ninserted by 4/1987 s 59(c)\ns 111(1b)\ninserted by 29/1994 s 53(a)\ns 111(3)\namended by 4/1987 s 59(d)\n\namended by 29/1994 s 53(b)\ns 111(4)\namended by 4/1987 s 59(e)\n\namended by 29/1994 s 53(c)\ns 111(7)\namended by 4/1987 s 59(f)\ns 111(8)\namended by 4/1987 s 59(b)\ns 111(11)\namended by 4/1987 s 59(e)\n\namended by 29/1994 s 53(d)\ns 111(13)\namended by 4/1987 s 59(g)\ns 112\n\ns 112(3)\namended by 4/1987 s 60\ns 113\namended by 4/1987 s 61\n\ndeleted by 29/1994 s 54\ns 117\n\ns 117(1)\namended by 4/1987 s 62(a)\ns 117(1b)\ninserted by 4/1987 s 62(b)\n\ns 117(2)\nsubstituted by 4/1987 s 62(b)\n\ns 117(3)\ns 117(4)\nsubstituted by 4/1987 s 62(c)\n\namended by 29/1994 s 55(b)\ns 117(5)\namended by 4/1987 s 62(d)—(h)\n\namended by 29/1994 s 55(c)\ns 117(5a)\ninserted by 4/1987 s 62(i)\n\namended by 29/1994 s 55(d), (e)\ns 117(5b)—(5f)\ninserted by 4/1987 s 62(i)\ns 117(6)\namended by 4/1987 s 62(j)\ns 117(6a)\ninserted by 4/1987 s 62(k)\ns 117(10) and (11)\ninserted by 29/1994 s 55(f)\ns 119\namended by 4/1987 s 63\ns 120\n\ns 120(1) and (2)\namended by 4/1987 s 64\ns 121\n\ns 121(1)\namended by 4/1987 s 65\ns 123\namended by 4/1987 s 66\ns 126\namended by 4/1987 s 67\ns 127\n\ns 127(1)\namended by 4/1987 s 68\ns 127(3)\namended by 4/1987 s 68(a)\ns 127(4)\namended by 4/1987 s 68\ns 128\namended by 4/1987 s 69\ns 132\ndeleted by 29/1994 s 56\ns 133\n\ns 133(1)\namended by 29/1994 s 57\ns 134\namended by 4/1987 s 70\ns 137A\ninserted by 4/1987 s 71\nPt 3 Div 6A\ninserted by 4/1987 s 72\ns 137B\n\ns 137B(3)\n(a) deleted by 29/1994 s 58\nPt 3 Div 7\n\ns 138\nsubstituted by 29/1994 s 59\ns 138A\ninserted by 4/1987 s 73\n\ndeleted by 29/1994 s 59\nss 139 and 140\ndeleted by 29/1994 s 59\ns 141\namended by 4/1987 s 74\n\namended by 29/1994 s 60\ns 142\n\ns 142(1)\namended by 4/1987 s 75(a), (b)\ns 142(2) and (8)\namended by 4/1987 s 75(c)\ns 144\namended by 4/1987 s 76\ns 145\namended by 4/1987 s 77\ns 146\namended by 4/1987 s 78\ns 147\namended by 4/1987 s 79\nss 148A and 148B\ninserted by 29/1994 s 61\ns 149\namended by 4/1987 s 80\ns 150\namended by 4/1987 s 81\nPt 3A\ninserted by 50/2004 s 14\nPt 4\n\ns 151\n\ns 151(2)\namended by 4/1987 s 82(a), (b)\n\namended by 29/1994 s 62\ns 151(2a)\ninserted by 4/1987 s 82(c)\n\nsubstituted by 50/2004 s 15\ns 151(2aa)—(2ad)\ninserted by 50/2004 s 15\ns 151(2b)\ninserted by 4/1987 s 82(c)\nSch 1\ndeleted by 50/2004 s 16\nSch 4\n\ncl 1\n\ncl 1(1)\n\nadjacent area under the Commonwealth Act\ninserted by 50/2004 s 17(1)\nCommonwealth Act\ndeleted by 50/2004 s 17(2)\ncl 3\n\ncl 3(4)\namended by 50/2004 s 17(3)\nSch 5\ndeleted by 50/2004 s 18\nSch 6\ninserted by 29/1994 s 63\nSch 7\ninserted by 50/2004 s 19\ncl 3\n\nregistered organisation\nsubstituted by 58/2009 s 38(1)\nreviewing authority\nsubstituted by 58/2009 s 38(2)\nTransitional etc provisions associated with Act or amendments\nPetroleum (Submerged Lands) (Miscellaneous) Amendment Act 2004, Sch 1\n4—Transitional provision\nIf, before the commencement of this clause—\n\t(a)\ta lessee had already complied with a notice of the kind referred to in section 37H(3)(b) of the Petroleum (Submerged Lands) Act 1982 during the term of the lessee; and\n\t(b)\tthe Minister had given to the lessee during that term a further notice of that kind; and\n\t(c)\tthe lessee had not complied with the further notice,\nthe Petroleum (Submerged Lands) Act 1982 has effect after the commencement of this clause, as if the Minister had not given the further notice.\nHistorical versions\nReprint No 1—15.11.1991\n\nReprint No 2—27.10.1994\n\n6.11.2008\n\n","sortOrder":19}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has materially expanded beyond the narrow original purpose of conferring rights to explore and exploit petroleum in submerged lands. Later amendments and insertions have added a fully fledged offshore occupational health and safety regime (Part 3A and Schedule 7), detailed registration and transactional controls (extensive approval requirements and registration fee mechanisms in Div.5), explicit fiscal rules (detailed royalty mechanics and provisional valuation; ss 142, 148A–148B), insurance and security requirements (s 96A and transitional rules), and deeper operational controls (safety zones, Ministerial direction powers over production rates and unit development). It also now contains a specific non‑property rule excluding titles from the Personal Property Securities regime (s 5B). Those additions extend the Act from being primarily a title‑granting and resource‑management statute into a broad regulatory instrument covering safety, data disclosure, transaction control and State revenue capture. Key provisions evidencing this shift include Part 3A / Schedule 7 (OHS), ss 74–91 and ss 80–81 (registering and approving dealings), s 5B (PPSA exclusion), s 96A (insurance), and ss 138–149 (fees and royalty mechanics)."},"complexity_factors":["Length and scale: the Act runs to well over 150 sections plus multiple lengthy schedules (Schedules 2–7) and transitional provisions.","Many defined terms: 50+ defined terms in the interpretation section and Schedule 7, creating dense cross‑referencing and term‑specific rules (see s 4 and Schedule 7 definitions).","Extensive cross‑references to Commonwealth law, Joint Authority arrangements and corresponding laws, producing multi‑jurisdictional interaction (see ss 8–12; Schedule 4).","Layered title regime: multiple title types (permit, lease, primary/secondary licences, pipeline licences, special prospecting authorities, access authorities) each with different grant/renewal/termination rules (Parts 3 Divs 2–4 and 5).","Nested conditional logic and exceptions: numerous provisions with exceptions to exceptions (e.g. renewal restrictions s 30/30A, determinations under s 143, royalities adjustments under ss 148A–148B).","Heavy ministerial discretion: many provisions allow the Minister to act 'for reasons he thinks sufficient', increasing the legal complexity of rights and obligations (e.g. ss 19(2), 31(1)(b), 64(2), 71(1)).","Administrative and transactional controls: detailed register, approval of transfers and dealings, fees and valuation rules with penalty and appeal paths (ss 74–91; ss 80–86A; s 81; s 91).","Integrated OHS framework: addition of Part 3A and Schedule 7 embeds an entire occupational health and safety code with inspector powers, representative and committee mechanisms, and appeals — effectively a second major statutory regime within the Act.","Significant enforcement architecture: mix of criminal penalties, civil debts, forfeiture rules, continuing offences and inspector powers creates multiple enforcement pathways (ss 18, 38, 59, 133, 130, 125, Schedule 7 enforcement clauses).","Transitional and historical amendments: multiple amendment layers (1987, 1994, 2004, later inserts) and transitional clauses (Schedule 4, Schedule 6) produce legacy rules affecting current application."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes a complete licensing and regulatory system for exploring for and recovering petroleum in the submerged lands adjacent to South Australia (the \"adjacent area\"). It creates and governs: exploration permits, retention leases, production licences, pipeline licences, special prospecting authorities and access authorities (see Parts 3, Divisions 2–4).  \n- Sets out how applications are made, how the Minister may grant, vary, renew or cancel titles, and the procedural steps applicants and title‑holders must follow (advertising, fees, information, time limits) (see ss 18–55; 63–71; 74–91).  \n- Requires payment of annual fees and royalties on recovered petroleum (default royalty 10% of well‑head value, with special rules for secondary licences and reductions in certain cases) and sets mechanisms for provisional valuation and adjustment (ss 138, 142–149; 148A–148B).  \n- Creates a public register for titles and transactions and requires Ministerial approval of transfers and many dealings affecting titles (ss 74–86A, 77, 80, 80A).  \n- Gives the Minister wide supervisory powers: directions about exploration and production (including directing recovery rates and unit development), reservation of blocks, safety zones (up to 500m), inspection and enforcement powers, and powers to require records, surveys, reports and information (ss 17, 34, 57–58, 100–107, 114–121, 118).  \n- Introduces an offshore occupational health & safety (OHS) regime administered by the Safety Authority (National Offshore Petroleum Safety Authority under the Commonwealth Act) and implements duties, inspector powers, health & safety representatives, committees and prohibition/improvement notices (Part 3A; Schedule 7).  \n- Provides for interaction with Commonwealth law, the Joint Authority, and transitional arrangements where Commonwealth and State jurisdictions meet (s 8–12; Schedule 4).  \n\nWho is affected\n\n- Companies and individuals who explore for, produce, transport or handle petroleum in the adjacent area: permittees, lessees, licensees, pipeline licensees, contractors, suppliers and service companies (throughout Part 3 and Schedule 7).  \n- Owners/operators of vessels and masters (safety zones and authorised person powers, ss 118, 137B–137E).  \n- Financial counterparties and prospective purchasers because transfers and many dealings require Ministerial approval and attract registration fees (ss 77, 80, 91).  \n- Workers, their employers and contractors at offshore facilities: subject to OHS duties, H&S representatives and inspector regimes (Schedule 7; Part 3A).  \n- The State (revenue via fees/royalties) and the Commonwealth (co‑operation on adjacent/overlapping areas via Joint Authority arrangements, ss 9–11).  \n\nWhy it matters (practical consequences)\n\n- It determines who may explore and produce offshore petroleum, for how long and under what conditions — in short, it creates the legal and commercial title to offshore petroleum activity in the State's adjacent area (ss 18, 27, 51, 52).  \n- It sets the fiscal terms (royalty, fees, registration charges) and the compliance costs (insurance, reporting, H&S systems) that directly affect project economics (ss 138, 142, 91, 96A, Schedule 7).  \n- It constrains commercial freedom in several concrete ways: Ministerial discretion over approvals and directions (ss 21, 31, 43, 57, 100), the requirement to obtain approval before many transfers or dealings (ss 77, 80), and the express statement that licences/rights are not personal property for PPSA purposes (s 5B). Those features affect financing, secondary markets and transaction design.  \n- It establishes an onshore enforcement and safety architecture (Safety Authority, OHS inspectors, prohibition/improvement notices) that imposes operational controls and potentially significant penalties for non‑compliance (Part 3A, Schedule 7).  \n\nOfficial purpose claim (as set out in the Act) and how that maps to costs, incentives and trade-offs\n\n- The Preamble and several provisions frame the Act as giving effect to Australia's continental‑shelf rights and coordinating Commonwealth/State arrangements (Preamble; Schedule 4). That purpose explains why the Act: (a) mirrors Commonwealth rules and interacts with the Joint Authority (ss 8–12); and (b) contains transitional rules for split Commonwealth/State permits (Schedule 4).  \n- Trade‑offs and costs implied by the design:  \n  - Concentrated revenue for the State (royalties, registration fees) vs. higher operating costs and compliance burden for title‑holders (ss 128, 142, 91).  \n  - Regulatory discretion and approval gates (Ministerial approvals for grants, transfers, unitisation, pipeline routing) give the State levers to protect public interests but create regulatory risk for investors and may delay deals (ss 21–26, 37, 44, 64, 70, 80).  \n  - The exclusion of titles from PPSA security (s 5B) reduces financiers' ability to take enforceable personal property security over licences, increasing financing costs or forcing alternative security structures (section cited: s 5B).  \n  - Mandatory OHS rules, safety zones and inspection powers raise operating standards and reduce accident risk (benefit) but increase compliance costs and administrative interaction with the Safety Authority (Part 3A; Schedule 7).  \n  - The register and fee on transfers (1.5% mechanism) can create a concentrated cost on corporate restructures or M&A and may influence transaction timing and form (s 91).  \n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: registered holders (permittees, lessees, licensees, pipeline licensees) pay application and registration fees, annual title fees, royalties, insurance and costs of compliance and remediation; owners/operators pay to comply with directions and removal obligations (ss 23, 91, 138–149, 96A, 106–112).  \n- Who decides: the Minister (broad licensing and direction powers), the Safety Authority and OHS inspectors (safety regulation and enforcement), and the Supreme Court for certain disputes (e.g. proportioning production from cross‑boundary pools, s 6(3)–(7); appeals under s 87).  \n- Behavioural effects: prospective explorers will structure applications to satisfy technical/financial tests and may limit reliance on PPSA securities; operators will add insurance, record‑keeping, H&S systems, and may negotiate unit‑development agreements or be compelled to enter them (ss 37–58; 96A; Schedule 7). Because transfers and many dealings require Ministerial approval and attract fees, parties will plan transactions to manage timing, valuation disclosure and fee exposure (ss 77, 80, 81, 91).  \n\nImplementation, compliance and unintended‑effects risks to note (mechanisms, not judgments)\n\n- High degree of ministerial discretion and multiple approval layers increases regulatory / timing risk for investment and deal execution (e.g. grant/refuse/conditions; ss 21, 31, 43, 64, 70, 80).  \n- The PPSA exclusion (s 5B) has a direct effect on lenders' security packages — financiers may require alternative collateral or sovereign forms of guarantee, increasing financing costs.  \n- Mandatory public disclosure of geological and well data after specified retention periods (s 117) reduces the exclusivity value of data held by explorers and may change commercial incentives to gather or trade data. The Act contains procedural protections (objection process) for commercially sensitive material (s 117(5a)–(5f)).  \n- Registration fees tied to consideration values (s 91) incentivise valuation strategies; false or misleading statements about consideration are penalised (s 81). That creates enforcement and compliance cost.  \n- Safety zones and significant criminal penalties for breaching them (up to $100,000 and 10 years imprisonment — s 118(3)) impose operational constraints on vessels and shipping, with possible implications for third‑party navigation and costs for supply chain operators.  \n- The integrated OHS framework (Schedule 7) delegates significant inspection and stop‑work powers to inspectors and grants employees representation rights; these measures materially raise operational compliance obligations and risk of stoppages if standards are not met.  \n\nPrimary statutory citations (selective): ss 18, 27, 38, 42–44, 51–55, 59–66, 74–91, 96A, 100–108, 114–121, 118, 128, 138–149, 150A–150R, Schedule 7.  \n\nBottom line in one sentence\n\n- This Act is the State's comprehensive legal framework for allocating, supervising and extracting offshore petroleum rights in South Australia's adjacent submerged lands: it combines title‑granting and fiscal rules with detailed operational, safety and administrative controls, producing predictable state revenue and public‑safety levers while imposing a range of approval gates, disclosure requirements and compliance costs that materially shape commercial and financing choices (see Parts 3 and 3A, and ss 5B, 80, 91, 96A, 118, 142)."},"kimi_summary":{"_metrics":{"completionTokens":702},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1982 petroleum exploration focus. Major additions include: the 1994 retention lease scheme (Division 2A); the 2005 occupational health and safety framework (Part 3A and Schedule 7) creating a national safety authority structure; insurance mandates (section 96A); and complex transitional arrangements across six schedules. The OHS provisions alone add substantial regulatory scope beyond petroleum licensing."},"complexity_factors":["Extensive cross-referencing with Commonwealth legislation (Petroleum (Submerged Lands) Act 1967 and successor laws)","Multiple interlocking permit/lease/licence types with different terms, renewal rules, and conversion pathways","Detailed procedural requirements for applications, including time limits, notices, deposits, and staged approval processes","Complex royalty calculation provisions with provisional payments, adjustments, and multiple rate scenarios","Occupational health and safety regime in Schedule 7 with nested duties, representative structures, and inspection powers","Numerous defined terms (47+ in section 4 alone) with conditional definitions","Transitional provisions across multiple schedules dealing with historical permit conversions","Geodetic and graticular technical specifications for defining block boundaries","Nested exceptions and deeming provisions (e.g., sections 6, 7A on petroleum pools and block portions)","Interaction clauses with Marine Parks Act and exclusion of Personal Property Securities Act"],"plain_english_summary":"This South Australian law regulates offshore petroleum exploration, extraction and pipeline transport in coastal waters up to 3 nautical miles. It creates a licensing regime (exploration, retention, production and pipeline licences), vests broad discretion in the Minister over grants and cancellations, and imposes royalties, fees, registration and transfer rules. It enforces strict safety, environmental and insurance obligations, and interfaces with Commonwealth arrangements. Key stakeholders are petroleum companies, offshore workers, the state (revenue) and other ocean users (e.g., fishing, navigation)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/sa-petroleum-submerged-lands-act-1982","history":"/api/acts/sa-petroleum-submerged-lands-act-1982/history","analysis":"/api/acts/sa-petroleum-submerged-lands-act-1982/analysis","conflicts":"/api/acts/sa-petroleum-submerged-lands-act-1982/conflicts","importantCases":"/api/acts/sa-petroleum-submerged-lands-act-1982/important-cases","documents":"/api/acts/sa-petroleum-submerged-lands-act-1982/documents"}}