CTHIn ForceAct
Offshore Minerals Act 1994
4Interpretation
Start here
Get a plain-English read of 4
Turn the raw legal text into a practical explanation grounded in Offshore Minerals Act 1994.
#### 4 Interpretation
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 to a licence has the meaning given by section 8.
> Note: See section 15.
> surrender day for an exploration licence means:
(a) the day on which the initial term of the licence ends; or
(b) a day on which the term of a renewal of the licence ends.
> tender block has the meaning given by section 20.
> the 1981 Act means the Minerals (Submerged Lands) Act 1981.
> transfer:
(a) when used in relation to a licence—has the meaning given by subsection 7(1); and
(b) when used in relation to a share in a licence—has the meaning given by subsections 7(2) and (3).
> vary a licence condition includes revoke or suspend.
> Works Licence Fees Act means the Offshore Minerals (Works Licence Fees) Act 1981.