Part 1.1
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Commonwealth act
The Offshore Minerals Act 1994 controls exploration and mining of non‑petroleum seabed minerals from 3 nautical miles offshore out to Australia’s continental shelf. It sets a Commonwealth–state shared licensing regime (applications, public notice, Joint Authority decisions) — licences are required (strong penalties for unauthorised activity), transferable, registrable, and subject to conditions protecting navigation, fishing, conservation and native title. It affects mining companies, state and federal ministers, coastal communities and native title holders, and allows government suspension of rights with compensation where required.
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Direct links to the current provisions in Offshore Minerals Act 1994.
This Act may be cited as the Offshore Minerals Act 1994.
This Act commences on the day on which it receives the Royal Assent.
(1) The Commonwealth and the States have agreed that: (a) Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and (b) the States should share, in the manner provided by this Act, in the administration of the Commonwealth offshore mining legislation; and (c) State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and (d) the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea.
Note: So far as the agreement relates to petroleum, it is reflected in Commonwealth legislation by the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) Other Acts that provide background to the agreement (commonly referred to as the Offshore Constitutional Settlement) are: (a) the Seas and Submerged Lands Act 1973; and (b) the Coastal Waters (State Powers) Act 1980; and (c) the Coastal Waters (State Title) Act 1980; and (d) the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and (e) the Coastal Waters (Northern Territory Powers) Act 1980; and (f) the Coastal Waters (Northern Territory Title) Act 1980.
Note 1: The Seas and Submerged Lands Act 1973:
Note: declared and enacted that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;
Note: gave the Governor‑General power to declare, by Proclamation, the limits of the territorial sea;
Note: declared and enacted that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in respect of the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;
Note: declared and enacted that the sovereign rights of Australia as a coastal State in respect of the Continental Shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth;
Note: gave the Governor‑General power to declare, by Proclamation, the limits of the Continental Shelf of Australia.
Note 2: The Coastal Waters (State Powers) Act 1980 was enacted following a request from the Parliaments of all the States under paragraph 51(xxxviii) of the Constitution of the Commonwealth and provided that the legislative powers exercisable under the Constitution of each State extended to the making of certain laws that would operate offshore.
Note 3: The Coastal Waters (State Title) Act 1980 vested in each State certain property rights in the seabed beneath the coastal waters of the State.
Note 4: The Offshore Petroleum and Greenhouse Gas Storage Act 2006 makes provision, based on the agreement referred to in subsection (1), for the licensing regime that applies to the exploration for and recovery of petroleum in offshore areas.
Note 5: The Coastal Waters (Northern Territory Powers) Act 1980 makes similar provision to the State Powers Act in relation to the Northern Territory.
Note 6: The Coastal Waters (Northern Territory Title) Act 1980 makes similar provision to the State Title Act in relation to the Northern Territory.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Offshore Minerals Act 1994.
This Act commences on the day on which it receives the Royal Assent.
(1) The Commonwealth and the States have agreed that: (a) Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and (b) the States should share, in the manner provided by this Act, in the administration of the Commonwealth offshore mining legislation; and (c) State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and (d) the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea.
Note: So far as the agreement relates to petroleum, it is reflected in Commonwealth legislation by the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) Other Acts that provide background to the agreement (commonly referred to as the Offshore Constitutional Settlement) are: (a) the Seas and Submerged Lands Act 1973; and (b) the Coastal Waters (State Powers) Act 1980; and (c) the Coastal Waters (State Title) Act 1980; and (d) the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and (e) the Coastal Waters (Northern Territory Powers) Act 1980; and (f) the Coastal Waters (Northern Territory Title) Act 1980.
Note 1: The Seas and Submerged Lands Act 1973:
Note: declared and enacted that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;
Note: gave the Governor‑General power to declare, by Proclamation, the limits of the territorial sea;
Note: declared and enacted that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in respect of the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;
Note: declared and enacted that the sovereign rights of Australia as a coastal State in respect of the Continental Shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth;
Note: gave the Governor‑General power to declare, by Proclamation, the limits of the Continental Shelf of Australia.
Note 2: The Coastal Waters (State Powers) Act 1980 was enacted following a request from the Parliaments of all the States under paragraph 51(xxxviii) of the Constitution of the Commonwealth and provided that the legislative powers exercisable under the Constitution of each State extended to the making of certain laws that would operate offshore.
Note 3: The Coastal Waters (State Title) Act 1980 vested in each State certain property rights in the seabed beneath the coastal waters of the State.
Note 4: The Offshore Petroleum and Greenhouse Gas Storage Act 2006 makes provision, based on the agreement referred to in subsection (1), for the licensing regime that applies to the exploration for and recovery of petroleum in offshore areas.
Note 5: The Coastal Waters (Northern Territory Powers) Act 1980 makes similar provision to the State Powers Act in relation to the Northern Territory.
Note 6: The Coastal Waters (Northern Territory Title) Act 1980 makes similar provision to the State Title Act in relation to the Northern Territory.
An Act relating to exploration for, and the recovery of, minerals (other than petroleum) in certain offshore areas, and for related purposes
Chapter 1—Introduction
This Act may be cited as the Offshore Minerals Act 1994.
This Act commences on the day on which it receives the Royal Assent.
(1) The Commonwealth and the States have agreed that: (a) Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and (b) the States should share, in the manner provided by this Act, in the administration of the Commonwealth offshore mining legislation; and (c) State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and (d) the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea.
Note: So far as the agreement relates to petroleum, it is reflected in Commonwealth legislation by the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) Other Acts that provide background to the agreement (commonly referred to as the Offshore Constitutional Settlement) are: (a) the Seas and Submerged Lands Act 1973; and (b) the Coastal Waters (State Powers) Act 1980; and (c) the Coastal Waters (State Title) Act 1980; and (d) the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and (e) the Coastal Waters (Northern Territory Powers) Act 1980; and (f) the Coastal Waters (Northern Territory Title) Act 1980.
Note 1: The Seas and Submerged Lands Act 1973:
Note: declared and enacted that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;
Note: gave the Governor‑General power to declare, by Proclamation, the limits of the territorial sea;
Note: declared and enacted that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in respect of the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;
Note: declared and enacted that the sovereign rights of Australia as a coastal State in respect of the Continental Shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth;
Note: gave the Governor‑General power to declare, by Proclamation, the limits of the Continental Shelf of Australia.
Note 2: The Coastal Waters (State Powers) Act 1980 was enacted following a request from the Parliaments of all the States under paragraph 51(xxxviii) of the Constitution of the Commonwealth and provided that the legislative powers exercisable under the Constitution of each State extended to the making of certain laws that would operate offshore.
Note 3: The Coastal Waters (State Title) Act 1980 vested in each State certain property rights in the seabed beneath the coastal waters of the State.
Note 4: The Offshore Petroleum and Greenhouse Gas Storage Act 2006 makes provision, based on the agreement referred to in subsection (1), for the licensing regime that applies to the exploration for and recovery of petroleum in offshore areas.
Note 5: The Coastal Waters (Northern Territory Powers) Act 1980 makes similar provision to the State Powers Act in relation to the Northern Territory.
Note 6: The Coastal Waters (Northern Territory Title) Act 1980 makes similar provision to the State Title Act in relation to the Northern Territory.
In this Act, unless the contrary intention appears:
approved means approved by the Designated Authority under section 41.
associate has the meaning given by subsection 26(1).
associated agent of a holder has the meaning given by subsection 26(3).
associated agent of an associated contractor has the meaning given by subsection 26(4).
associated contractor has the meaning given by subsection 26(2).
associated document file means an associated document file kept for the purposes of Part 3.1.
associated employee of an associated contractor has the meaning given by subsection 26(6).
associated employee of a holder has the meaning given by subsection 26(5).
associated revenue Act means:
(a) the Exploration Licence Fees Act; or
(b) the Mining Licence Fees Act; or
(c) the Retention Licence Fees Act; or
(d) the Works Licence Fees Act; or
(e) the Registration Fees Act; or
(f) the Royalty Act; or
(g) the Exploration Licence User Charge Act; or
(h) the Retention Licence User Charge Act.
block means a portion of an offshore area constituted according to section 17.
caveat on a licence means a caveat against:
(a) the registration of dealings in relation to the licence; or
(b) the registration of a person as a holder of the licence under section 340.
coastal waters of a State has the meaning given by section 16.
Commonwealth Minister means a Minister of State for the Commonwealth.
Commonwealth‑State offshore area has the meaning given by section 13.
compliance direction means a direction under section 387 or 392.
compliance inspection has the meaning given by section 377.
confidential information has the meaning given by section 27.
confidential sample has the meaning given by section 28.
consent area means the block or blocks specified in a special purpose consent.
Continental Shelf means the continental shelf of Australia within the meaning of the Seas and Submerged Lands Act 1973.
dealing in a licence means a transaction that creates, transfers, affects or otherwise deals with an interest in the licence and includes:
(a) a transfer of the licence; and
(b) a transfer of a share in a licence.
Designated Authority has the meaning given by section 29.
Note: If this Act confers a power or function on a Designated Authority generally, that power can be exercised, and that function can be performed, as provided by section 30.
discrete area has the meaning given by section 21.
exploration has the meaning given by section 23.
Exploration Licence Fees Act means the Offshore Minerals (Exploration Licence Fees) Act 1981.
Exploration Licence User Charge Act means the Offshore Minerals (Exploration Licence User Charge) Act 1994.
external territory means an external territory to which this Act extends under section 36.
external territory offshore area has the meaning given by section 14.
Fees Act means:
(a) when used in relation to an exploration licence—the Offshore Minerals (Exploration Licence Fees) Act 1981; and
(b) when used in relation to a retention licence—the Offshore Minerals (Retention Licence Fees) Act 1994; and
(c) when used in relation to a mining licence—the Offshore Minerals (Mining Licence Fees) Act 1981; and
(d) when used in relation to a works licence—the Offshore Minerals (Works Licence Fees) Act 1981;
and includes regulations made under those Acts.
Gazette means:
(a) in relation to a Commonwealth‑State offshore area—the Government Gazette of the State; or
(b) in relation to an external territory offshore area—the Commonwealth of Australia Gazette.
holder of a licence has the meaning given by subsection 25(1).
hydrocarbon means a hydrocarbon whether in a gaseous, liquid or solid state.
inspector means an inspector appointed under section 421.
interest, in relation to a licence, includes:
(a) an equitable interest in the licence; and
(b) a security interest in the licence.
Joint Authority has the meaning given by section 32.
Note: If this Act confers a power or function on a Joint Authority generally, that power can be exercised, and that function can be performed, as provided by section 33.
licence means:
(a) an exploration licence; or
(b) a retention licence; or
(c) a mining licence; or
(d) a works licence.
licence area means the block or blocks covered by a licence.
mineral has the meaning given by section 22.
Mining Licence Fees Act means the Offshore Minerals (Mining Licence Fees) Act 1981.
native title and native title rights and interests have the same meaning as in the Native Title Act 1993.
offshore area means a Commonwealth‑State offshore area or an external territory offshore area.
offshore exploration or mining activity means:
(a) the exploration for minerals in an offshore area; or
(b) the recovery of minerals from an offshore area; or
(c) activities carried out in an offshore area under a works licence.
offshore mining register means a register kept for the purposes of Part 3.1.
petroleum means:
(a) a hydrocarbon or a mixture of hydrocarbons; or
(b) a mixture of one or more hydrocarbons and one or more of the following:
(i) hydrogen sulphide;
(ii) nitrogen;
(iii) helium;
(iv) carbon dioxide.
primary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which the applicant is given a written notice:
(a) in the case of the grant of an exploration licence—under section 66 or 83; and
(b) in the case of the renewal of an exploration licence—under section 110; and
(c) in the case of the grant of a retention licence—under section 147; and
(d) in the case of the renewal of a retention licence—under section 169; and
(e) in the case of the grant of a mining licence—under section 210 or 227; and
(f) in the case of the renewal of a mining licence—under section 246; and
(g) in the case of the grant of a works licence—under section 279; and
(h) in the case of the renewal of a works licence—under section 296.
provisional holder means a person who has been provisionally granted a licence.
recovery has the meaning given by section 24.
registered means registered in an offshore mining register.
Registration Fees Act means the Offshore Minerals (Registration Fees) Act 1981.
reserved block is a block that is declared to be reserved under section 18.
responsible Commonwealth Minister means the Commonwealth Minister who is responsible for the administration of this Act.
responsible State Minister, for a State means the State Minister who is authorised under a law of the State to perform the functions of a Designated Authority under this Act.
Retention Licence Fees Act means the Offshore Minerals (Retention Licence Fees) Act 1994.
Retention Licence User Charge Act means the Offshore Minerals (Retention Licence User Charge) Act 1994.
Royalty Act means the Offshore Minerals (Royalty) Act 1981.
sample of the seabed or subsoil in an offshore area includes a core or cutting from the seabed or subsoil in that area.
secondary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which an extension of the primary payment period for the grant or renewal concerned ends.
share in a licence has the meaning given by subsections 6(1), (2) and (3).
special purpose consent means a consent granted under Part 2.6.
standard block has the meaning given by section 19.
State has a meaning that is affected by the operation of section 5.
State Minister means:
(a) a Minister of State for a State; or
(b) a Minister of State for the Northern Territory.
successor licence t
This is an opening excerpt, not the complete document.