Part 16—Miscellaneous
129—False or misleading information
A person who gives information to the Minister, an authorised officer or any other person involved in the administration of this Act that is false or misleading in a material particular is guilty of an offence.
Maximum penalty: $150 000.
130—Self‑incrimination
(1) It is not an excuse for an individual to refuse to provide information required by, or under a direction under, this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.
(2) However, if compliance with a requirement to provide information might tend to incriminate the person or make the person liable to a penalty, then the fact of the provision of the information is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of giving false or misleading information).
130A—Avoidance of duplication of procedures etc
(1) The purpose of this section is to provide for the avoidance of unnecessary duplication of procedures and compliance requirements under the Commonwealth Act and this Act where an activity requires authorisation under this Act and approval under the Commonwealth Act.
(2) Despite any other provision of this Act, the Minister may—
(a) accept a Commonwealth Act document as an application, notice or other document for the purposes of this Act if (subject to subsection (5)) the document complies with the requirements of this Act; and
(b) direct that a procedure taken under the Commonwealth Act in relation to a Commonwealth Act document that has been accepted by the Minister under paragraph (a) will be taken to have fulfilled the requirement for a procedure in relation to the relevant document under this Act if the requirements of this Act in relation to the procedure have been complied with; and
(c) instead of the Minister, or some other person, preparing a plan, report, statement, assessment or other document under this Act, adopt or accept the whole or part of a document (whether a plan, report, statement, assessment or other document of the same kind or not) used, or to be used, for the purposes of the Commonwealth Act as the document required under this Act if (subject to subsection (5)) the document has been prepared in compliance with this Act and complies with the requirements of this Act.
(3) To avoid doubt, where a controlled action under the Commonwealth Act is an activity or part of an activity, or includes an activity, for which a licence is required under this Act, the Minister, when considering—
(a) an application for a licence for the activity; or
(b) whether to give written approval for activities pursuant to a licence requiring high level official surveillance; or
(c) whether to approve a statement (or revised statement) of environmental objectives,
may use information and other material provided to the Commonwealth Minister under the Commonwealth Act for the purpose of deciding whether to give his or her approval to the controlled action under that Act.
(4) Where a controlled action under the Commonwealth Act is an activity or part of an activity, or includes an activity, for which a licence is required under this Act, the Minister—
(a) must, if the Commonwealth Minister has given his or her approval to the controlled action, consider whether—
(i) the discretionary conditions (if any) to be attached to the licence; or
(ii) the conditions or requirements of the statement or revised statement of environmental objectives approved by the Minister in relation to the activity authorised by the licence,
should be consistent with the conditions (if any) attached to the Commonwealth Minister's approval under the Commonwealth Act;
(b) may determine that—
(i) the licence will be subject to a condition; or
(ii) a statement or revised statement of environmental objectives approved by the Minister in relation to the activity authorised by the licence should include a condition or requirement,
requiring compliance with all or some of the conditions attached to the Commonwealth Minister's approval under the Commonwealth Act.
(5) A document accepted or adopted under subsection (2)—
(a) may be in a form that does not comply with the requirements of this Act; and
(b) may include information or other material that is irrelevant for the purposes of this Act.
(6) Once a document is accepted or adopted under subsection (2) or a direction has been given in relation to a procedure under subsection (2)(b), the document or procedure will not be invalid or ineffective for the purposes of this Act because a court, tribunal or other authority has decided that it is invalid or ineffective for the purposes of the Commonwealth Act.
(7) In this section—
assessment report means—
(a) an assessment report as defined in the Commonwealth Act by reference to section 84(3), 95, 100 or 105 of that Act; or
(b) a report under section 121 of the Commonwealth Act;
Commonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;
Commonwealth Act document means—
(a) a referral under section 68, 69 or 71 of the Commonwealth Act; or
(b) information given by a person to the Minister under the Commonwealth Act under section 86 of that Act; or
(c) information and invitation published by a proponent under section 93 of the Commonwealth Act; or
(d) guidelines prepared under section 97 or 102 of the Commonwealth Act; or
(e) a draft report prepared under section 98 of the Commonwealth Act; or
(f) a finalised report prepared under section 99 of the Commonwealth Act; or
(g) a draft statement prepared under section 103 of the Commonwealth Act; or
(h) a finalised statement prepared under section 104 of the Commonwealth Act; or
(i) an assessment report.
131—Saving of powers with respect to Crown land etc
(1) Neither this Act nor a licence takes away or limits the power of the Governor or a Minister of the Crown to reserve, dedicate, grant, sell or otherwise deal with or dispose of land.
(2) However, any such reservation, dedication, grant, sale or other dealing or disposition of land is subject to rights earlier conferred under this Act.
132—Charge on property if debt due to Crown
(1) This section applies to property (other than real property) if the owner of the property is liable to pay a debt due to the Crown under this Act.
(2) A charge on the property to secure payment of the debt to the Crown is created by force of this section.
(3) A charge created on property under subsection (2)—
(a) has priority over any other interest in the property (including a security interest within the meaning of the Personal Property Securities Act 2009 of the Commonwealth); and
(b) has priority over all other encumbrances; and
(c) is not affected by a change in ownership of the property.
(4) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to the charge.
(5) The charge remains in force until the debt is paid in full or otherwise discharged.
133—Proof of administrative acts
In legal proceedings, a decision, determination, valuation, direction or other act under this Act by the Minister may be proved by production of a certificate apparently signed by the Minister.
134—Extension of time limits
(1) The Minister has a discretion to extend time limits fixed by or under this Act.
(2) A time limit may be extended under this section even though it has, at the time of the extension, already expired.
(3) A note of each decision to extend a time limit under this section must be included in the public register.
135—Disclosure of information
An authorised officer or any other person who carries out or has carried out duties related to the administration of this Act must not disclose confidential information obtained by them in the course of the administration of this Act except—
(a) to another person in the course of the administration of this Act; or
(b) as permitted by the person in whose favour the duty of confidentiality exists; or
(c) as permitted by the Minister after consultation (where practicable) with the person in whose favour the duty of confidentiality exists; or
(d) to a person for the purposes of ensuring compliance with a requirement of this Act or a prescribed Act; or
(e) to a prescribed authority or an officer or employee of a prescribed authority; or
(f) as required by law; or
(g) as is otherwise necessary for the proper administration of this Act or a prescribed Act.
136—Administrative penalties
(1) This section applies to any provision of this Act (or the regulations) at the foot of which the words "Administrative penalty" appear.
(2) If a licensee contravenes a provision to which this section applies, the Minister may, by notice in writing to the licensee, impose an administrative penalty on the licensee.
(3) If the contravention is of a continuing nature, the Minister may impose a further administrative penalty by way of a daily penalty for every day the contravention continues from the date of the notice until the contravention is remedied.
(4) The amount of an administrative penalty—
(a) in the case of an administrative penalty that is not a daily penalty—an amount (not exceeding $15 000) fixed by regulation in relation to the relevant provision;
(b) in the case of a daily penalty—an amount (not exceeding $1 000) fixed by regulation in relation to the relevant provision.
(5) An administrative penalty may be recovered as a debt due to the Crown.
(6) If an administrative penalty has been imposed in relation to a particular act or default, the same act or default cannot be made the subject of proceedings for an offence against this Act and if proceedings for an offence against this Act have been brought in relation to a particular act or default, an administrative penalty cannot be imposed for the same act or default.
137—Preservation of rights under Cooper Basin (Ratification) Act 1975
Nothing in this Act affects rights conferred by the Cooper Basin (Ratification) Act 1975.
138—Regulations and fee notices
(1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the regulations may—
(a) regulate the conduct of operations involved in exploration for, or the production of, a regulated substance or a regulated resource; and
(b) prohibit or restrict activities that may result in waste—
(i) of a regulated resource or a regulated substance; or
(ii) associated with undertaking a regulated activity; and
(c) require licensees generally or a particular class of licensee to provide prescribed information certified, if the regulations so require, by declaration under this Act; and
(d) provide that any matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister; and
(e) prescribe a penalty not exceeding $20 000 for a contravention of any regulation.
(3) A regulation may be of general or limited application and may vary in operation according to factors stated in the regulation.
(4) The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the amendment of this Act by another Act.
(5) A provision made by a regulation under subsection (4) may be in addition to any provision of a saving or transitional nature made by the Act that makes the amendment.
(6) A provision made by a regulation under subsection (4) may, if the regulations so provide, take effect from the commencement of the amendment or from a later day.
(7) To the extent to which a provision takes effect under subsection (6) from a day earlier than the day of the publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(8) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.
Schedule—Transitional provisions
2—Continuation of licences
(1) A petroleum exploration licence, a petroleum production licence, or a pipeline licence that was in force under the repealed Act immediately before the commencement of this Act continues in force under this Act, subject to its terms and conditions, as an exploration licence, a production licence or a pipeline licence (as the case requires) under this Act for the balance of the term for which it was granted or last renewed.
(2) An exploration licence or a production licence under subsection (1) will be taken to include (and to have always included and despite section 4(1)) an authorisation to use a natural reservoir for storage of a regulated substance.
3—Preservation of operation of the repealed Act for certain purposes
(1) An application for a licence under the repealed Act that has not been finally dealt with under that Act before the commencement of this Act will continue as if it were an application for a corresponding licence under this Act.
(2) If the regulations so provide, the provisions of the repealed Act apply (or continue to apply), to the exclusion of the corresponding provisions of this Act and subject to any modifications that may be prescribed by the regulations—
(a) to an application within the ambit of subsection (1) (as if it were still an application for a licence under the repealed Act); or
(b) to the grant or renewal of a licence under this Act (as if it were a licence under the repealed Act).
4—Limitation on certain rights
(1) The rights of the holder of a transitional licence are not to be more extensive than if the repealed Act had continued in force.
(2) A transitional licence cannot be converted into a retention licence under section 41(1)(a).
(3) A transitional licence is—
(a) a licence under the repealed Act continued in force under this Act (see section 2); or
(b) a licence granted under this Act pursuant to an application made under the repealed Act (see section 3).
(4) Without limiting a preceding subsection—
(a) the provisions of section 32 of the repealed Act will apply in relation to the renewal of a transitional licence; and
(b) if a transitional licence is—
(i) amalgamated or replaced under section 82; or
(ii) divided under section 83,
then—
(iii) any licence arising from the action taken under the relevant section will be taken to be a transitional licence; and
(iv) the provisions of section 32 of the repealed Act will apply in relation to the renewal of any licence arising from the action taken under the relevant section.
(5) The following additional provisions will apply in relation to a petroleum production licence to which the Cooper Basin (Ratification) Act 1975 applies:
(a) the term of a licence is 31 years with a right of renewal from time to time of 21 years; and
(b) subsection (4) will apply in relation to the amalgamation, replacement or division of any such licence.
5—Environmental assessments
The Minister may accept and act on an environmental assessment made before the commencement of this Act if the Minister is of the opinion that the assessment was competently made and is appropriate for the purposes for which an environmental impact report is required under this Act.
6—Statements of environmental objectives
(1) If in the Minister's opinion a document has, before the commencement of this Act, fulfilled a purpose corresponding to the purpose of a statement of environmental objectives under this Act, the Minister may publish the document in the Gazette.
(2) On publication of a document under this section, it is taken to be a statement of environmental objectives made under this Act.
7—Presumptive classification of activities
(1) If arrangements for the protection of the environment had been established to the satisfaction of the Minister under regulation 16(2) of the Petroleum Regulations 1989, the activities to be carried out under the relevant licence are taken to have been classified, on the commencement of this Act, as activities requiring low level official surveillance for the purposes of section 74.
(2) This does not prevent a change of classification under section 74(4).
8—Non-application of certain provisions to certain pipelines
Sections 52, 53 and 54 have no application to the Pipeline Licences Nos. 2 and 5, or the pipeline land relating to those pipelines.
Legislative history
Notes
• Amendments of this version that are uncommenced are not incorporated into the text.
• Please 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.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or .
Formerly
Petroleum Act 2000
Petroleum and Geothermal Energy Act 2000
Legislation repealed by principal Act
The Energy Resources Act 2000 repealed the following:
Petroleum Act 1940
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Petroleum Act 2000
27.7.2000
25.9.2000 (Gazette 21.9.2000 p2042)
Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Act 2001
17.5.2001
Pt 6 (s 8)—14.6.2001 (Gazette 14.6.2001 p2221)
Statutes Amendment (Courts and Judicial Administration) Act 2001
6.12.2001
Pt 11 (ss 26 & 27)—3.2.2002 (Gazette 24.1.2002 p346)
River Murray Act 2003
31.7.2003
Sch (cl 19)—24.11.2003 (Gazette 20.11.2003 p4203)
Natural Resources Management Act 2004
5.8.2004
Sch 4 (cl 37)—2.9.2004 (Gazette 2.9.2004 p3545)
Adelaide Dolphin Sanctuary Act 2005
14.4.2005
Sch 2 (cll 54—57)—4.6.2005 (Gazette 2.6.2005 p1684)
Marine Parks Act 2007
29.11.2007
Sch 1 (cll 44—47)—6.11.2008 (Gazette 6.11.2008 p5055)
Crown Land Management Act 2009
4.6.2009
Sch 1 (cl 3)—1.6.2010 (Gazette 18.2.2010 p816)
Petroleum (Miscellaneous) Amendment Act 2009
23.7.2009
Pt 2 (ss 4—62) & Sch 1 (cll 3—6)—1.10.2009 (Gazette 1.10.2009 p4764)
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 110 (s 262)—1.2.2010 (Gazette 28.1.2010 p320)
Mining (Miscellaneous) Amendment Act 2010
18.11.2010
Sch 1 (cl 1)—1.7.2011 (Gazette 9.6.2011 p2545)
Statutes Amendment (Personal Property Securities) Act 2011
14.4.2011
Pt 21 (s 53)—16.6.2011 (Gazette 16.6.2011 p2610)
Petroleum and Geothermal Energy (Transitional Licences) Amendment Act 2012
27.9.2012 except s 6—25.9.2000: s 2
Statutes Amendment (Budget 2016) Act 2016
Pt 9 (ss 82—85)—8.12.2016: s 2(1)
Statutes Amendment (SACAT No 2) Act 2017
28.11.2017
Pt 34 (ss 192 to 194)—22.2.2018 (Gazette 30.1.2018 p524)
Petroleum and Geothermal Energy (Ban on Hydraulic Fracturing) Amendment Act 2018
Landscape South Australia Act 2019
21.11.2019
Sch 5 (cll 65 & 66)—1.7.2020 (Gazette 25.6.2020 p3502)
Supreme Court (Court of Appeal) Amendment Act 2019
19.12.2019
Sch 1 (cll 72 to 76)—1.1.2021 (Gazette 10.12.2020 p5638)
Petroleum and Geothermal Energy (Energy Resources) Amendment Act 2023
23.11.2023
14.12.2023 (Gazette 14.12.2023 p4134) except ss 3 & 4, 6 to 41, 43 to 71 & Sch 1—11.4.2024 (Gazette 11.4.2024 p627)
Hydrogen and Renewable Energy Act 2023
23.11.2023
Sch 1 (cl 12)—11.7.2024 (Gazette 11.7.2024 p2114)
Biodiversity Act 2025
26.6.2025
Sch 5 (cl 19)—uncommenced
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended under Legislation Revision and Publication Act 2002
amended by 34/2023 s 4
s 2
omitted under Legislation Revision and Publication Act 2002
Pt 1 Div 2
s 3
amended by 35/2009 s 5
substituted by 34/2023 s 5
Pt 1 Div 3
s 4
s 4(1)
Adelaide Dolphin Sanctuary
inserted by 5/2005 Sch 2 (cl 54(1))
authorised officer
amended by 34/2023 s 6(1)
business day
deleted by 34/2023 s 6(2)
competitive tender region
inserted by 35/2009 s 6(1)
contravention
deleted by 34/2023 s 6(3)
energy resource
inserted by 34/2023 s 6(4)
environment
substituted by 34/2023 s 6(4)
facility
inserted by 34/2023 s 6(5)
geothermal energy
amended by 34/2023 s 6(6)
highly prospective region
deleted by 35/2009 s 6(2)
leading performance criteria
inserted by 34/2023 s 6(7)
licence
amended by 35/2009 s 6(3), (4)
amended by 34/2023 s 6(8)
marine park
inserted by 60/2007 Sch 1 cl 44(1)
Minister for the Adelaide Dolphin Sanctuary
inserted by 5/2005 Sch 2 (cl 54(2))
deleted by 60/2007 Sch 1 cl 44(1)
Murray-Darling Basin
inserted by 35/2003 Sch cl 19(a)
natural reservoir
amended by 34/2023 s 6(9)
occupier
deleted by 35/2009 s 6(5)
owner
substituted by 35/2009 s 6(5)
amended by 37/2023 Sch 1 cl 12
11.7.2024
petroleum
amended by 35/2009 s 6(6)
pipeline
substituted by 34/2023 s 6(10)
produce
deleted by 34/2023 s 6(11)
producing a regulated resource
inserted by 34/2023 s 6(11)
producing a regulated substance
inserted by 34/2023 s 6(11)
prospectivity
amended by 34/2023 s 6(12)
record
substituted by 34/2023 s 6(13)
regulated resource
amended by 34/2023 s 6(14)
regulated substance
amended by 35/2009 s 6(7)
amended by 34/2023 s 6(15)
relevant Act
inserted by 60/2007 Sch 1 cl 44(2)
relevant court
amended by 69/2001 s 26
3.2.2002
amended by 45/2019 Sch 1 cl 72
relevant Minister
inserted by 60/2007 Sch 1 cl 44(3)
River Murray Protection Area
inserted by 60/2007 Sch 1 cl 44(4)
specially protected area
inserted by 60/2007 Sch 1 cl 44(4)
tenement
inserted by 35/2009 s 6(8)
transmission pipeline
amended by 35/2009 s 6(9)
substituted by 34/2023 s 6(16)
s 4(2)
amended by 34/2023 s 6(17), (18)
s 4(3)
inserted by 35/2009 s 6(10)
Pt 1 Div 4
s 5
s 5(1)
amended by 34/2023 s 7(1)
s 5(2)
amended by 34/2023 s 7(2)
s 5(3)
inserted by 35/2009 s 7
Pt 2
Pt 2 Div 1
s 6A
inserted by 5/2005 Sch 2 (cl 55)
substituted by 60/2007 Sch 1 cl 45
amended by 33/2019 Sch 5 cl 65
s 7
s 7(1a)
inserted by 57/2016 s 82
Pt 2 Div 2
s 8
substituted by 34/2023 s 8
s 9
s 9(1)
amended by 34/2023 s 9(1)
s 9(3)
inserted by 34/2023 s 9(2)
Pt 2 Div 3
inserted by 34/2023 s 10
Pt 3
Pt 3 Div 1
s 10
s 10(1)
amended by 35/2009 s 8
substituted by 34/2023 s 11(1)
s 10(2)
substituted by 34/2023 s 11(1)
s 10(3)
amended by 34/2023 s 11(2), (4), (5)
(b) deleted by 34/2023 s 11(3)
(g), (h) deleted by 34/2023 s 11(5)
(j) deleted by 34/2023 s 11(6)
Pt 3 Div 1A
inserted by 24/2018 s 3
Pt 3 Div 2
s 12
s 12(1)
s 12 redesignated as s 12(1) by 5/2005 Sch 2 (cl 56)
s 12(2)—(4)
inserted by 5/2005 Sch 2 (cl 56)
ceased to have effect and omitted under Legislation Revision and Publication Act 2002
s 12(2) and (3)
inserted by 60/2007 Sch 1 cl 46
s 13
amended by 35/2009 s 9(1), (2)
amended by 34/2023 s 12
s 13A
inserted by 11/2011 s 53
16.6.2011
Pt 3 Div 3
s 14
s 14(4)
inserted by 35/2009 s 10
s 15
s 15(2)
amended by 35/2009 s 11
Pt 4
Pt 4 Div 1
substituted by 35/2009 s 12
s 16
s 16(1)
amended by 35/2009 s 13(1)
s 16(2)
amended by 35/2009 s 13(2)
s 16
substituted by 34/2023 s 13
Pt 4 Div 3
substituted by 35/2009 s 14
s 21
substituted by 35/2009 s 15
s 21(1)
amended by 34/2023 s 14(1), (2)
s 21(2)
amended by 34/2023 s 14(3), (4)
s 21(3)
amended by 34/2023 s 14(5)
s 22
s 22(1)
amended by 35/2009 s 16(1)—(3)
substituted by 34/2023 s 15
s 22(3)
amended by 35/2009 s 16(4)
s 24
s 24(2)
substituted by 35/2009 s 17
amended by 34/2023 s 16
s 25
s 25(4)
amended by 35/2009 s 18(1)
s 25(4a)
inserted by 35/2009 s 18(2)
s 26
s 26(1)
amended by 34/2023 s 17
s 26(2)
substituted by 35/2009 s 19(1)
s 26(3)
amended by 35/2009 s 19(2)
s 26(5a) and (5b)
inserted by 35/2009 s 19(3)
s 27
s 27(1)
substituted by 35/2009 s 20(1)
amended by 34/2023 s 18(1)
s 27(1a)
inserted by 35/2009 s 20(1)
s 27(2a)
inserted by 35/2009 s 20(2)
amended by 34/2023 s 18(2)
Pt 5
s 28
substituted by 35/2009 s 21
s 28(1)
amended by 34/2023 s 19(1), (2)
s 28(2)
amended by 34/2023 s 19(3)
s 29
deleted by 35/2009 s 21
s 30
s 30(1)
amended by 35/2009 s 22(1)
amended by 34/2023 s 20(1)
s 30(1a)
inserted by 35/2009 s 22(2)
amended by 34/2023 s 20(2)
s 31
s 31(1)
s 31 amended and redesignated as s 31(1) by 35/2009 s 23(1), (2)
substituted by 34/2023 s 21
s 31(2)
inserted by 35/2009 s 23(2)
s 32
s 32(1)
amended by 34/2023 s 22
s 32(3) and (4)
inserted by 35/2009 s 24
s 33
s 33(4)
amended by 35/2009 s 25(1)
s 33(5)
inserted by 35/2009 s 25(2)
Pt 6
s 34
substituted by 35/2009 s 26
s 34(1)
amended by 34/2023 s 23(1), (2)
s 34(4)
substituted by 34/2023 s 23(3)
s 34(4a)
inserted by 34/2023 s 23(3)
s 35
s 35(1)
amended by 35/2009 s 27(1), (2)
amended by 34/2023 s 24(1), (2)
s 35(3)
amended by 35/2009 s 27(3), (4)
s 35(3a)
inserted by 34/2023 s 24(3)
s 35(4)
inserted by 35/2009 s 27(5)
s 35(5)
inserted by 34/2023 s 24(4)
s 36
s 36(1)
amended by 35/2009 s 28
s 37
s 37(1)
s 37 amended and redesignated as s 37(1) by 35/2009 s 29(1), (2)
amended by 34/2023 s 25
s 37(2)
inserted by 35/2009 s 29(2)
s 38
s 38(5)
inserted by 35/2009 s 30
s 41
s 41(1)
amended by 35/2009 s 31
s 42
s 42(1)
amended by 35/2009 s 32
Pt 7
s 43
s 43(3)
amended by 35/2009 s 33(1)
s 43(4)
amended by 57/2016 s 83(1)
amended by 34/2023 s 26(1)
s 43(5a)
inserted by 35/2009 s 33(2)
amended by 57/2016 s 83(2)
s 43(5b)
inserted by 35/2009 s 33(2)
amended by 57/2016 s 83(3)
s 43(8)
amended by 57/2016 s 83(4)
s 43(9)
amended by 57/2016 s 83(5)
s 43(10)
amended by 57/2016 s 83(6)
amended by 45/2019 Sch 1 cl 73
s 43(11)
amended by 57/2016 s 83(7)
s 43(12)
inserted by 35/2009 s 33(3)
s 43(13)
inserted by 34/2023 s 26(2)
s 44
s 44(1)
amended by 57/2016 s 84(1)
s 44(2)
amended by 57/2016 s 84(2)
s 45
amended by 57/2016 s 85
Pt 7A
inserted by 34/2023 s 27
Pt 8
s 46
s 46(1)
amended by 35/2009 s 34(1)
s 46(6)
inserted by 35/2009 s 34(2)
s 48
amended by 34/2023 s 28
s 55A
inserted by 35/2009 s 35
Pt 9
substituted by 35/2009 s 36
s 56
s 56(1)
amended by 35/2009 s 37(1), (2)
s 56(2)
amended by 35/2009 s 37(3)
s 56(3)
amended by 35/2009 s 37(4)
s 57
s 57(1)
substituted by 35/2009 s 38(1)
s 57(2)
amended by 35/2009 s 38(2)
s 58
s 58(1)
s 58 amended and redesignated as s 58(1) by 35/2009 s 39(1), (2)
s 58(2)
inserted by 35/2009 s 39(2)
s 59
s 59(1) and (2)
s 59(3)
amended by 35/2009 s 40(1), (2)
amended by 34/2023 s 29
s 59(4)
s 59(5) and (6)
amended by 45/2019 Sch 1 cl 74
Pt 9A
inserted by 35/2009 s 41
s 59A
deleted by 34/2023 s 30
s 59B
s 59B(1)
amended by 34/2023 s 31(1)
s 59B(2)
amended by 34/2023 s 31(2)
s 59C
deleted by 34/2023 s 32
s 59D
s 59D(2)
amended by 34/2023 s 33(1), (2)
s 59E
s 59E(3)
amended by 34/2023 s 34
s 59E(5) and (6)
amended by 45/2019 Sch 1 cl 75
Pt 10
s 61
s 61(1)
amended by 35/2009 s 42(1)
s 61(3)
inserted by 35/2009 s 42(2)
s 62
s 62(1)
amended by 35/2009 s 43(1)
s 62(3)
amended by 35/2009 s 43(2)
s 63
s 63(2)
amended by 35/2009 s 44(1), (2)
s 63(3aa)
inserted by 21/2010 Sch 1 cl 1
1.7.2011
s 63(3a)
inserted by 35/2009 s 44(3)
s 63(5)
substituted by 35/2009 s 44(4)
s 63(6)
inserted by 35/2009 s 44(4)
Pt 11
Pt 11 Div 1
s 65
s 65(1)
amended by 34/2023 s 35(1)—(3)
s 65(1a)—(1c)
inserted by 35/2009 s 45(1)
s 65(2)
amended by 34/2023 s 35(4), (5)
s 65(6)
amended by 35/2009 s 45(2), (3)
Pt 11 Div 2
s 68
s 68(1)
substituted by 35/2009 s 46(1)
s 68(2)
deleted by 35/2009 s 46(1)
s 68(5)
inserted by 35/2009 s 46(2)
s 69
s 69(1)
s 69 amended and redesignated as s 69(1) by 35/2009 s 47(1), (2)
amended by 34/2023 s 36
s 69(2)
inserted by 35/2009 s 47(2)
Pt 11 Div 3
s 73A
inserted by 34/2023 s 37
s 74
s 74(1), (2), (3) and (5)
amended by 35/2009 s 48
s 76A
inserted by 35/2009 s 49
s 77
amended by 34/2023 s 38
Pt 11 Div 5
s 79
s 79(1)
amended by 35/2009 s 50(1)
s 79(5)
amended by 35/2009 s 50(2)
s 79(6)
amended by 45/2019 Sch 1 cl 76
Pt 11 Div 6
s 80
s 80(1)
amended by 20/2009 Sch 1 cl 3
1.6.2010
Pt 11 Div 8
s 82
s 82(2)
substituted by 34/2012 s 4
s 82(2a)
inserted by 34/2012 s 4
s 82(3)
substituted by 35/2009 s 51
s 83
s 83(2)
amended by 35/2009 s 52(1)
s 83(2a)
inserted by 34/2012 s 5
s 83(4)
inserted by 35/2009 s 52(2)
Pt 11 Div 9
s 84
s 84(1)
amended by 34/2023 s 39
s 85
s 85(1)
serious incident
amended by 35/2009 s 53
s 85
substituted by 34/2023 s 40
s 86
s 86(1)
substituted by 34/2023 s 41(1)
s 86(2)
amended by 35/2009 s 54(1)
s 86(5a)
inserted by 34/2023 s 41(2)
s 86(6) and (7)
inserted by 35/2009 s 54(2)
Pt 11 Div 9A
inserted by 34/2023 s 42
Pt 11 Div 10
s 86A
inserted by 35/2009 s 55
heading amended by 34/2023 s 43(1)
s 86A(1)
substituted by 34/2023 s 43(2)
s 86A(2)
deleted by 34/2023 s 43(2)
s 86A(8)
inserted by 34/2023 s 43(3)
s 87
amended by 34/2023 s 44
Pt 11 Div 11
s 88
s 88(1)
amended by 34/2023 s 45(1)
s 88(1a)
inserted by 34/2023 s 45(2)
s 88(2)
amended by 34/2023 s 45(3)
Pt 11 Div 12
s 91A
inserted by 34/2023 s 46
Pt 11 Div 12A
inserted by 34/2023 s 47
Pt 11 Div 14
s 93
amended by 34/2023 s 48
Pt 12
Pt 12 Div 1
s 95
s 95(1)
s 95 redesignated as s 95(1) by 34/2004 Sch 4 cl 37
s 95(2)
inserted by 34/2004 Sch 4 cl 37
amended by 33/2019 Sch 5 cl 66
Pt 12 Div 2
s 96
amended by 34/2023 s 49
Pt 12 Div 2A
inserted by 34/2023 s 50
Pt 12 Div 3
amended by 34/2023 s 51
s 97
s 97(4)—(6)
inserted by 34/2023 s 52
s 98
deleted by 34/2023 s 53
Pt 12 Div 4
s 99
substituted by 34/2023 s 54
s 100
s 100(1)
amended by 35/2009 s 56
amended by 34/2023 s 55(1)
s 100(3)
deleted by 34/2023 s 55(2)
ss 101 and 102
substituted by 34/2023 s 56
s 103
deleted by 34/2023 s 56
s 103A
inserted by 35/2003 Sch cl 19(b)
substituted by 60/2007 Sch 1 cl 47
s 103B
inserted by 5/2005 Sch 2 (cl 57)
deleted by 60/2007 Sch 1 cl 47
s 105
amended by 34/2023 s 57(1)
s 105(2) and (3)
deleted by 34/2023 s 57(2)
s 105(4)
amended by 35/2009 s 57
deleted by 34/2023 s 57(2)
Pt 12 Div 4A
inserted by 34/2023 s 58
Pt 12 Div 5
s 106
s 106(2)
substituted by 34/2023 s 59
Pt 12 Div 6
ss 108 and 109
substituted by 34/2023 s 60
s 110
amended by 34/2023 s 61(1)
s 110(1)—(3)
amended by 34/2023 s 61(2)
s 111
s 111(1)
amended by 35/2009 s 58
s 111(2a)
inserted by 34/2023 s 62
Pt 13
s 112
amended by 35/2009 s 59
Pt 14
s 120
s 120(2)
amended by 34/2023 s 63(1)
s 120(3)
inserted by 34/2023 s 63(2)
s 121
s 121(2)
amended by 34/2023 s 64(1)
s 121(3)
amended by 34/2023 s 64(2)
s 122
s 122(1)
amended by 34/2023 s 65(1)
s 122(2)
amended by 34/2023 s 65(2)
s 123
s 123(3)
substituted by 35/2009 s 60
Pt 15
substituted by 51/2017 s 192
Pt 15 Div 1
s 124
amended by 34/2023 s 66(1), (2)
Pt 15 Div 3
substituted by 51/2017 s 193
Pt 16
ss 129 and 130
substituted by 34/2023 s 67
s 130A
inserted by 16/2001 s 8
14.6.2001
s 130A(3)
amended by 35/2009 s 61
s 132
deleted by 84/2009 s 262
1.2.2010
s 132
inserted by 34/2023 s 68
s 135
substituted by 34/2023 s 69
s 136
s 136(4)
amended by 34/2023 s 70
s 138
substituted by 34/2023 s 71
Sch
s 1
omitted under Legislation Revision and Publication Act 2002
s 2
s 2(1)
s 2 redesignated as s 2(1) by 35/2009 s 62(1)
s 2(2)
inserted by 35/2009 s 62(1)
s 4
s 4(4) and (5)
inserted by 34/2012 s 6
25.9.2000
s 7
s 7(1)
amended by 35/2009 s 62(2)
Transitional etc provisions associated with Act or amendments
Statutes Amendment (Courts and Judicial Administration) Act 2001
27—Transitional provision
The amendments made to the principal Act by this Part—
(a) do not apply in respect of proceedings commenced before the commencement of the Part (and those proceedings may continue as if this Act had not been enacted); and
(b) apply in respect of proceedings commenced after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).
Petroleum (Miscellaneous) Amendment Act 2009, Sch 1
3—Interpretation
(1) In this Part—
gas storage tenement means—
(a) a gas storage exploration licence; or
(b) a gas storage retention licence; or
(c) a gas storage licence;
principal Act means the Petroleum Act 2000;
relevant day means a day appointed by proclamation as the relevant day for the purposes of the provision in which the term is used;
transitional tenement means—
(c) a production licence,
held under the principal Act on the commencement of this clause.
(2) In this Part, terms used have meanings consistent with the meanings they have in the principal Act.
4—Existing licences
(1) On or after the relevant day, the Minister—
(a) may, on the Minister's own initiative; and
(b) must, on application by the holder of a transitional tenement,
issue a gas storage tenement that corresponds to the transitional tenement.
(2) Until a gas storage tenement is issued under subclause (1) in relation to a transitional tenement—
(a) the person who was the holder of the transitional tenement immediately before the relevant day may undertake any operations relating to gas storage authorised under the transitional tenement; and
(b) the only application that may be made for a gas storage tenement in relation to any part of an area held under the transitional tenement is the holder of the transitional tenement.
(3) Subclauses (1) and (2) do not apply to a licence that has been granted in relation to a source of geothermal energy before the relevant day.
(4) A gas storage tenement issued under subclause (1) will be subject to such conditions as the Minister thinks appropriate after taking into account the conditions attached to the relevant transitional tenement.
(5) For the purposes of this clause—
(a) a gas storage exploration licence corresponds to an exploration licence; and
(b) a gas storage retention licence corresponds to a retention licence; and
(c) a gas storage licence corresponds to a production licence.
5—Existing applications
(1) An application for an exploration licence, a retention licence or a production licence may, on the Minister's own initiative or on application, be varied and continue as if it were an application for a gas storage tenement as well and will be subject to the operation of the principal Act as amended by this Act.
(2) Without limiting the operation of subclause (1), section 65(1a) of the principal Act, as enacted by this Act, will extend to an application for an exploration licence made before the relevant day (with any ranking determined from the day and the time that the application was received by the Minister under the principal Act before its amendment by this Act).
6—References to associated facilities licences
A reference in any agreement, instrument or other document to an associated facilities licence will be taken to be a reference to an associated activities licence.
Petroleum and Geothermal Energy (Transitional Licences) Amendment Act 2012, Sch 1
1—Transitional provisions
(1) In this clause—
principal Act means the Petroleum and Geothermal Energy Act 2000.
(2) Subsection (2a) of section 82 of the principal Act, as enacted by this Act, will be taken to extend to a consolidation of adjacent licence areas that occurred before the commencement of this Act and accordingly to any licence that relates to a consolidated licence area issued under that section before the commencement of this Act.
(3) Subsection (2a) of section 83 of the principal Act, as enacted by this Act, will be taken to extend to a division of a licence area that occurred before the commencement of this Act and accordingly to any licence that relates to any new licence area issued under that section before the commencement of this Act.
(4) The term of a licence within the ambit of subsection (4) of section 4 of the Schedule of the principal Act, as enacted by this Act, renewed or issued under the principal Act before the commencement of this Act will be 21 years (subject to any right of renewal under section 32 of the repealed Act and despite any provision made by regulation under the principal Act before the commencement of this Act).
Statutes Amendment (SACAT No 2) Act 2017, Pt 34
194—Transitional provisions
(1) A right of appeal under section 128 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.
(2) Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
principal Act means the Petroleum and Geothermal Energy Act 2000;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
Petroleum and Geothermal Energy (Energy Resources) Amendment Act 2023, Sch 1—Transitional and saving etc provisions
1—Interpretation
(1) In this Schedule—
principal Act means the Petroleum and Geothermal Energy Act 2000;
relevant day means the day on which this Schedule comes into operation;
relevant period means the period beginning on the relevant day and ending on the day on which a revised statement of environmental objectives comes into force;
revised statement of environmental objectives means a statement of environmental objectives revised on or after the relevant day.
(2) In this Schedule, terms used have the same meanings consistent with the meanings they have in the principal Act.
2—Serious incident
A serious incident as defined in section 85 of the principal Act as in force immediately before the relevant day, will, during the relevant period, be taken to be an immediately reportable incident within the meaning of section 85 of the principal Act as in force on or after the relevant day.
3—Fitness for purpose assessment
A fitness for purpose assessment carried out by a licensee under section 86A of the principal Act as in force immediately before the relevant day will, until 12 months after the relevant day, be taken to satisfy the requirements under section 86A of the principal Act as in force on or after the relevant day.
4—Statement of environmental objectives
A statement of environmental objectives in force under Part 12 of the principal Act immediately before the relevant day will, during the relevant period—
(a) continue to apply in relation to the carrying out of regulated activities by a licensee under the principal Act; and
(b) be subject to the operation of Part 12 of the principal Act as in force immediately after the relevant day (including requirements that apply in relation to a statement of environmental objectives that is revised or reviewed on or after the relevant day); and
(c) be taken to satisfy the requirements of Part 12 of the principal Act, subject to prescribed modifications.
5—Authorisation of withdrawal of regulated substance under gas storage licence
(1) The Minister may, on or after the relevant day—
(a) on the Minister's own initiative; or
(b) on application by the holder of a gas storage licence,
authorise the holder of a gas storage licence granted under the principal Act before the relevant day to undertake operations for the withdrawal of a regulated substance (other than a naturally occurring underground accumulation of a regulated substance) from the natural reservoir in which it has been stored.
(2) An application under subclause (1)(b) must be made in a manner and form determined by the Minister.
(3) An authorisation under subclause (1)—
(a) must be issued to the holder of the relevant gas storage licence by written notice; and
(b) may be subject to such conditions specified in the notice of authorisation as the Minister thinks necessary consequent on the issuing of the authorisation.
6—Corresponding tenements
(1) The Minister may, on or after the relevant day—
(a) on the Minister's own initiative; or
(b) on application by the holder of a designated tenement,
issue by written notice to the holder of a designated tenement a regulated substance tenement that corresponds to the designated tenement.
(2) An application under subclause (1)(b) must be made in a manner and form determined by the Minister.
(3) A regulated substance tenement issued under subclause (1) may be subject to such conditions as the Minister thinks necessary consequent on the issuing of the regulated substance tenement.
(4) For the purposes of subclauses (1) to (3) (inclusive)—
(a) a regulated substance exploration licence corresponds to an exploration licence; and
(b) a regulated substance retention licence corresponds to a retention licence; and
(c) a regulated substance production licence corresponds to a production licence.
(5) In this clause—
designated tenement means—
(c) a production licence,
granted under the principal Act before the relevant day;
regulated substance tenement means—
(a) a regulated substance exploration licence; or
(b) a regulated substance retention licence; or
(c) a regulated substance production licence.
Historical versions
Retrospective amendment not included in Reprints 1—3 (see s 6 of 34/2012)
Reprint No 1—14.6.2001
Reprint No 2—3.2.2002
Reprint No 3—24.11.2003
1.2.2010
1.6.2010
16.6.2011
1.7.2011
Part Part 16 - Energy Resources Act 2000 - Miscellaneous | Zoe