This Act vests all petroleum and geothermal resources in the State Crown (s.9) and sets up a licensing and registration system for exploration, drilling and production, with the Minister authorising titles, approvals, directions and valuation (s.30, s.69, s.145). Title‑holders must pay royalties, annual fees and compensate affected landowners (ss.142, 137, 17), follow measurement and operational duties (ss.147, 91), face penalties for unauthorised activity (s.29) and comply with register and data‑confidentiality rules (ss.70–81, 150B–150G).
The Petroleum and Geothermal Energy Resources Act 1967 (WA) (the Act) establishes a comprehensive licensing and regulatory regime for the exploration, drilling, retention, and production of petroleum and geothermal energy resources within Western Australia, including onshore areas and inshore waters. At its core, s.9 declares all petroleum, geothermal energy resources, and geothermal energy on or below the surface of all land in the State (whether alienated or not) to be and always to have been the property of the Crown. This overrides any contrary grants or leases (s.10 reinforces reservations in Crown grants).
The Act creates a tiered system of titles under Part III:
Exploration permits (petroleum or geothermal): Authorise exploration for resources (s.38). Granted for up to 6 years initially (s.39(1)(a)), renewable (ss.40-42), with work and expenditure conditions (s.43). Boundary-change permits arise automatically from offshore boundary shifts (s.37B).
Drilling reservations: Allow targeted drilling to test potential deposits (s.43D). Limited to 3 years, extendable once for 12 months if a well is drilled (ss.43E-43F).
Retention leases: For discovered resources not yet commercially viable (ss.48C, 48D). 5-year terms, renewable if viability is likely within 15 years (ss.48F-48G). Includes notification and direction powers on discovery (ss.48J-48K).
Production licences: Authorise recovery of petroleum or geothermal energy (s.62). Primary licences follow from permits/leases (ss.50, 50A); secondary for additional blocks in a location (s.50(3)). Terms are 21 years initially, then indefinite (subject to 5-year inactivity termination under s.64A) or 21 years for boundary-change licences (s.63). Geothermal licences require approved development plans (ss.62A-62B).
Current sections
Direct links to the current provisions in Petroleum Act 1967.
29
Div 1
Preliminary
Division 1 — Preliminary
Term used: State 45
Graticulation of Earth’s surface and constitution of blocks 45
Reservation of blocks 46
28A. Issue of permits etc. in marine reserves 47
Div 2
Permits and drilling reservations
Division 2 — Permits and drilling reservations
Exploration for petroleum and geothermal energy resources restricted 48
Advertisement of blocks 48
Application for permit 49
32A. More than one permit application for same block or blocks 50
Grant or refusal of permit in relation to application 51
33A. Withdrawal of application 52
33B. Application continued after withdrawal of joint applicant 53
33C. Effect of withdrawal or lapse of s. 30 application 53
Application for permit in respect of surrendered etc. blocks 54
Application fee etc. 56
Consideration of application 56
Request by applicant for grant of permit in respect of advertised block 58
Grant of permit on request 58
37A. Permit for 2 or more blocks may be divided into 2 or more permits 60
37B. Grant of boundary-change permit 61
Rights conferred by permit 66
Term of permit 66
Application for renewal of permit 68
Application for renewal of permit to be in respect of reduced area 68
42A. Certain permits cannot be renewed more than twice 70
42B. Limits on renewal of boundary-change permits 71
Grant or refusal of renewal of permit 72
Conditions of permit 74
43A. Advertisement of blocks for drilling reservations 77
43B. Application for drilling reservation 77
43CA. More than one drilling reservation application for same block or blocks 79
43C. Grant or refusal in relation to applications for drilling reservations 80
43DA. Withdrawal of application 81
43DB. Application continued after withdrawal of joint applicant 81
43DC. Effect of withdrawal or lapse of s. 43A application 82
43D. Rights conferred by drilling reservation 83
43E. Term of drilling reservation 84
43F. Extension of term of drilling reservation 84
Discovery of petroleum or geothermal energy resources to be notified etc. 85
Nomination of blocks as location 86
Declaration of location 89
Immediately adjoining blocks 92
Div 2A
Retention leases
Division 2A — Retention leases
48A. Application by permittee or holder of drilling reservation for lease 92
48B. Grant or refusal of lease in relation to application 94
48BA. Application of s. 48A and 48B where permit is transferred 97
48CA. Application by licensee for lease 97
48CB. Grant or refusal of lease in relation to application by licensee 99
48CC. Application of s. 48CA and 48CB if licence is transferred 102
48CD. Grant of petroleum retention lease as result of change to boundary of offshore area 102
48C. Rights conferred by lease 105
48D. Term of lease 106
48E. Notice of intention to cancel lease 106
48F. Application for renewal of lease 108
48G. Grant or refusal of renewal of lease 109
48H. Conditions of lease 113
48J. Discovery of petroleum or geothermal energy resources to be notified 114
48K. Directions by Minister on discovery of petroleum or geothermal energy resources 114
Div 3
Production licences
Division 3 — Production licences
Recovery of petroleum or geothermal energy resources in State 115
Application by permittee for licence 116
50A. Application by lessee for licence 118
Application for licence under s. 50 or 50A, requirements for 119
Determination of rate of royalty 120
Notification as to grant of licence 121
Grant of licence 123
54A. Application of s. 51 to 54 where permit etc. transferred 124
Variation of licence area 125
Determination of permit as to blocks not taken up by licensee 125
Application for licence in respect of surrendered etc. blocks 128
Application fee etc. for s. 57 applications 131
Request by applicant for grant of licence 131
Grant of licence on request 134
Licence for 2 or more blocks may be divided into 2 or more licences 134
61A. Grant of petroleum production licence as result of change to boundary of offshore area 136
Rights conferred by licence 139
62A. Geothermal energy recovery development plans 139
62B. Variation of approved development plans 140
Term of licence 141
64A. Termination of licence if no operations for 5 years 141
Application for renewal of licence 143
Grant or refusal of renewal of licence 144
Conditions of licence 147
Storage of petroleum underground 148
Directions as to recovery of petroleum 149
Unit development 150
Div 3A
Petroleum titles and geothermal titles may subsist in respect of same blocks
Division 3A — Petroleum titles and geothermal titles may subsist in respect of same blocks
69A. Petroleum titles and geothermal titles may subsist in respect of same blocks 155
Div 4
Registration of instruments
Division 4 — Registration of instruments
69J. Term used: title 157
Register of certain instruments to be kept 157
Memorials to be entered of permits determined etc. 159
Approval and registration of transfers 159
Entries in Register on devolution of title 162
Approval of dealings creating interests etc. in existing titles 162
75A. Approval of dealings in future interests etc. 167
True consideration to be shown in transfer or dealing 169
Minister not concerned with certain matters 170
Power of Minister to require information as to transfers or dealings 170
Production and inspection of documents 171
Inspection of Register and instruments 171
Evidentiary provisions 172
81A. Minister may make corrections to, and entries in, Register 172
Application to State Administrative Tribunal for orders 173
Offences connected with Register and certain documents 174
Assessment of fee payable under Petroleum and Geothermal Energy Resources (Registration Fees) Act 1967 174
Exemption from duty 175
Div 5
General
Division 5 — General
Notice of grants of permits etc. to be published 175
Date of effect of certain surrenders, cancellations and variations 176
Commencement of works 176
Work practices 177
91A. Conditions relating to insurance 180
91B. Conditions prohibiting entry on certain land 181
Maintenance etc. of property 181
Operation of s. 91, 91A and 92 subject to this Act and other laws 182
Directions by Minister 183
Compliance with directions 185
Variation and suspension of, and exemption from compliance with, conditions 186
97A. Variation of petroleum title by including area as result of change to boundary of offshore area 188
Surrender of permits etc. 194
Cancellation of permits etc. 195
Cancellation of permit etc. not affected by other provisions 197
Removal of property etc. by permittee etc. 198
Removal of property etc. by Minister 200
Special prospecting authorities 200
Access authorities 204
Removal, disposal or sale of property 210
Minister etc. may require information to be furnished etc. 211
Power to examine on oath 212
Failing to furnish information etc. 212
112A. Exclusion zones 213
Discovery of water to be notified 214
Records etc. to be kept 214
116A. Data management: regulations 215
Scientific investigations 216
Interference with other rights etc. 216
117A. Interfering with petroleum operation or geothermal energy operation 217
Inspectors 217
Powers of inspectors 218
119A. Protection from liability for wrongdoing 219
Continuing offences 219
Crimes and other offences 220
Orders for forfeiture etc. in respect of certain offences 220
Power of Attorney General to direct disposal of goods 221
Time for bringing proceedings for offences 222
Judicial notice 222
126A. Evidentiary matters 222
Service of documents 224
127A. Service of documents on 2 or more permittees etc. 225
Div 6
Transitional provisions
Division 6 — Transitional provisions
Terms used 226
This Division prevails over other provisions 227
Cessation of operation of former provisions 227
Prohibition on granting of instruments under former provisions after commencing day 228
Rights of holders of existing prescribed instruments 228
Holders of existing instruments may be granted permits under this Part 229
Transitional provisions relating to Barrow Island lease 230
134A. Application of former provisions after coming into operation of variation agreement 230
Interpretation 231
Statements, information and records 231
Powers of officers 232
Royalty a debt due to the State 232
Offences 232
Application of regulations to Barrow Island lease 232
Certain portions of blocks to be blocks 234
Certain petroleum exploration or recovery activities not prohibited by s. 29 or 49 235
Div 7
Fees and royalties
Division 7 — Fees and royalties
Permit and drilling reservation fees 235
137A. Lease fees 236
Licence fees 236
Time of payment of fees 237
Penalty for late payment of fees 237
Fees and penalties debts due to Crown 237
Royalty 238
Reduction of royalty in certain cases 240
Royalty not payable in certain cases 241
144A. Royalty value 242
Ascertainment of value of petroleum or geothermal energy 243
Ascertainment of well‑head 243
Ascertainment of quantity of petroleum or geothermal energy recovered 243
Payment of royalty and penalty for late payment 244
Royalty or late payment amount is debt due to Crown 244
Part IVA — Release of information
Division 1 — Preliminary
150A. Terms used 245
Division 2 — Protection of confidentiality of information and samples
Subdiv 1
Information and samples obtained by the Minister
Subdivision 1 — Information and samples obtained by the Minister
150B. Protection of confidentiality of information obtained by Minister 246
150C. Protection of confidentiality of samples obtained by Minister 246
150D. Information or samples obtained by Minister can be made available to certain persons 247
Subdiv 2
Information and samples obtained by another Minister
Subdivision 2 — Information and samples obtained by another Minister
150E. Protection of confidentiality of information obtained by another Minister 247
150F. Protection of confidentiality of samples obtained by another Minister 248
150G. Information or samples obtained by another Minister can be made available to certain persons 248
Subdiv 3
Miscellaneous
Subdivision 3 — Miscellaneous
150H. Fees 248
Part IV — Miscellaneous
Jurisdiction of Magistrates Court 250
Special case may be reserved for Supreme Court 250
Certain things are not personal property for purposes of Personal Property Securities Act 2009 (Commonwealth) 251
Regulations 251
Further transitional provisions 254
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Petroleum and Geothermal Energy Resources Act 1967
Western Australia
Petroleum and Geothermal Energy Resources Act 1967
Contents
Part I — Preliminary
Short title 2
Commencement 2
Repeal 2
Terms used 2
6A. Effect of alteration of inshore area 16
Part II — General
Act to be construed subject to State’s legislative powers 18
Application of Act 18
7A. Geothermal resources area in, or extending into, other areas 19
7B. Petroleum pool in, or extending into, other areas 22
Position on Earth’s surface 29
Petroleum, geothermal energy resources and geothermal energy declared to be property of Crown 30
Reservations in Crown grants and leases 31
Minister may search for petroleum or geothermal energy resources 31
11A. Property rights in recovered petroleum and geothermal energy 32
Land may be resumed 33
Governor to have right of pre‑emption of petroleum in emergency 34
Land comprised in permit, drilling reservation, lease or licence may be entered for certain purposes 34
Authority conferred by permit, drilling reservation, lease or licence 35
15A. Consent of Minister required for entry on reserves for purposes of exploration etc. 36
Consent of owner or trustees required in certain cases for exploration etc. 37
Compensation to owners and occupiers of private land 38
Owner of private land in vicinity of permit area, drilling reservation, lease area or licence area may be entitled to compensation 39
Compensation for further damage 40
Holder of permit, drilling reservation, lease or licence not to commence operations on private land until compensation tendered or agreed upon 40
Applications involve advertisement (ss.30, 43A), competitive assessment if multiple (ss.32A, 43CA), technical/financial criteria (s.31), and Minister's discretion (ss.32, 35, 42, 48B, 53-54). Titles must be registered (Division 4, ss.70-86), with approvals for transfers (s.72) and dealings (s.75). Unit development agreements for straddling resources are facilitated (s.69).
The Act mandates good oilfield practice (s.91), insurance (s.91A), compensation to private landowners (ss.17-24, including for native title under s.24A), and Ministerial directions (s.95). Royalties are payable at prescribed rates (10% for most petroleum; 2.5% for geothermal under s.142), based on well-head value (ss.144A-149), with reductions possible (s.143). Information release is regulated (Part IVA, ss.150A-150H).
Enforcement includes offences (ss.29, 49, 111, 117A with up to 5-10 years imprisonment), forfeiture (s.123), inspectors' powers (ss.118-119), and exclusion zones (s.112A). It interacts with the Barrow Island Act 2003 for specific leases (ss.5(1), 134) and provides transitional rules (Division 6, Sch. 2).
In essence, the Act facilitates resource development while imposing structured controls, revenue collection, environmental safeguards, and stakeholder protections. Every claim here is grounded in the text: e.g., Crown ownership (s.9), title rights (ss.38, 43D, 48C, 62), application processes (ss.31-37B), and royalty mechanics (ss.142-149).
Who it affects
The Act primarily affects:
Resource companies (permittees, holders of drilling reservations, lessees, licensees): Defined in s.5(1) as registered holders. These are typically corporations (s.7 applies to all persons and corporations) engaged in petroleum or geothermal operations. They must apply for titles (ss.31, 43B, 48A, 50, 50A, 57), comply with conditions (ss.43, 48H, 66), pay fees/royalties (ss.137-149), maintain insurance (s.91A), and adhere to work practices (s.91). Operators (s.5(1)) include those injecting petroleum or CO2 (paras (h)-(i)).
Landowners and occupiers: Private land owners (s.5(1)) can claim compensation for deprivation of possession, damage, severance, or consequential loss (ss.17-19, 21-24). Consent is required for entry on small holdings, cemeteries, or near improvements (s.16). Pastoral, diversification, timber, or Aboriginal leases have limited compensation (ss.21, 24). Native title holders are specifically addressed (s.24A, cross-referencing the Native Title Act 1993 (Cth)).
Government and regulators: The Minister (defined via administration of the Act) grants titles (ss.32, 37, 42, 48B, 54, 65), gives directions (ss.68, 95), determines royalties (s.52), and maintains the Register (s.70). Inspectors (s.118) have entry and examination powers (s.119). The State Administrative Tribunal handles compensation disputes or Register rectifications (ss.82, 150). Interactions with other Ministers for reserves (s.15A) or unitisation (s.69).
Third parties: Includes those with overlapping titles (s.69A allows co-existence of petroleum and geothermal titles; s.7B for pools extending into other areas). Scientific investigators (s.116), those under access authorities (s.106), and the public via judicial notice (s.126) and service rules (s.127).
Interstate/Commonwealth entities: Boundary changes with offshore areas (ss.6A, 37B, 48CD, 61A, 97A) link to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) (defined in s.5(1) as Commonwealth Act). Joint Authority consultations for straddling pools (s.69(11)-(12)).
Aboriginal inhabitants' leases are protected (s.5(1)), with s.7(2) preserving Aboriginal Affairs Planning Authority Act 1972 s.31. The Act binds all natural persons and corporations (s.7(1)).
Key duties and rights
Duties:
Title holders: Comply with conditions (ss.43, 48H, 66, 91-92), notify discoveries (ss.44, 48J), follow work practices and good oilfield practice (s.91), maintain insurance (s.91A), keep records (s.115, regs under s.116A), pay fees/royalties timely (ss.137-149, penalty under s.140), remove property on surrender/cancellation (ss.98, 101-102, 107). Geothermal licensees must submit/ follow approved development plans (ss.62A-62B). No exploration/recovery without title (ss.29, 49; penalties up to 5 years imprisonment).
Operators: Defined broadly in s.5(1) (including for Barrow Island, injection, prescribed ops). Must control flows, prevent waste/escapes (s.91(2)-(2a)), notify water discoveries (s.113).
Minister: Assess applications (ss.32, 35, 42, 48B, 53, 65), determine royalties (s.52), give directions (ss.68, 95-96), maintain Register (s.70), consult on reserves (s.15A(3)), approve dealings (s.75). Must not exceed powers (s.6).
Landowners: Must allow entry on compensation (ss.17-20) but can seek court determination (ss.17(4), 22-23). Consent needed for sensitive land (s.16).
Rights:
Title holders: Exclusive rights to explore/drill/recover in title area (ss.38, 43D, 48C, 62), renewals (ss.40-42, 48F-48G, 64-65), transfers/dealings (ss.72, 75), unit development (s.69), compensation from third parties (s.14(2)). Boundary-change titles automatic (ss.37B, 48CD, 61A).
Landowners: Compensation for damage, deprivation, severance (ss.17-19, 21), security for payment (s.23). Native title compensation (s.24A).
Public/Minister: Pre-emption in emergencies (s.13), resumption of land (s.12), scientific access (s.116), information release (Part IVA).
All: Evidentiary aids (ss.81, 126, 126A), service rules (s.127), Tribunal review (s.82 for Register).
Duties/rights are conditional (e.g., s.15 authority exercisable on Crown/private land subject to consents/compensation; s.91B prohibiting entry on certain land). All grounded in text, e.g., royalty rights/duties in ss.142-149, enforcement in ss.95-96, 121-123.
Penalties and enforcement
Penalties are graduated:
Major offences: Unauthorised exploration/recovery (ss.29, 49): $50,000 fine or 5 years imprisonment (or both). Interfering with operations (s.117A): 10 years imprisonment. Wilful false statements (s.111, s.76): $10,000.
Operational breaches: Failure to notify discoveries (s.44(1b)): $10,000. Non-compliance with directions (s.96(6), s.90(3), s.101(3), s.105(9), s.106(10), s.109, s.115(2)): $10,000. Late royalty/fees (s.140): additional 1/3% per day. Work practices/insurance (ss.91, 91A): $10,000. Obstruction of inspectors (s.119(3)): $5,000. Register offences (s.84): $5,000.
Continuing offences: s.121 deems daily breaches as additional offences ($10,000/day).
Enforcement mechanisms:
Ministerial: Directions (s.95, enforceable under s.96; costs recoverable as debt). Cancellation/surrender (ss.98-100). Variation/suspension of conditions (s.97). Forfeiture orders by Supreme Court (s.123, including vessels/equipment/proceeds). Pre-emption in emergencies (s.13, penalty $10,000).
Civil: Compensation claims to Magistrates Court (ss.14(3), 17(4), 21-23). Debts for royalties/fees (ss.141, 149). Injunctions/receivers (s.151).
Inspectors: Appointment (s.118), powers of entry, testing, document production (s.119). Protection from liability (s.119A).
Other: Exclusion zones (s.112A: $100,000/10 years for vessels). Tribunal for Register (s.82).
Grounded in text: e.g., s.29(1)-(2) penalties explicit; s.96 allows Minister to perform uncomplied acts, costs as debt. No invented cases.
How it interacts with other laws
The Act is not standalone:
Commonwealth: Subject to legislative powers (s.6). Offshore boundary changes (ss.6A, 37B, 48CD, 61A, 97A) reference Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) (defined s.5(1)) and Petroleum (Submerged Lands) Act 1982 (WA). Unitisation with Commonwealth areas (s.69(11)-(12), Joint Authority). Native Title Act 1993 (Cth) via s.24A. Personal Property Securities Act 2009 (Cth) exclusion (s.152).
State: Repeals Petroleum Act 1936 (s.3). Interacts with Land Administration Act 1997 (reserves, resumption, compensation: ss.11-12, 15A, 16). Rights in Water and Irrigation Act 1914 (water use: s.7(3)). Conservation and Land Management Act 1984 (marine reserves, fauna/flora: ss.28A, 15A(6)). Mining Act 1978 (oil shale disputes: s.5(7)). Aboriginal Affairs Planning Authority Act 1972 (s.7(2)). Barrow Island Act 2003 (specific lease, CO2 injection: s.5(1)). Duties Act 2008 exemption (s.86). Commercial Arbitration Act 2012 (s.13(4)).
Internal: Part IVA protects confidentiality (ss.150A-150H). Registration under Division 4 cross-references Petroleum and Geothermal Energy Resources (Registration Fees) Act 1967 (ss.85-86). Transitional (Division 6, Sch. 2) for pre-2010/2007 changes.
Specific: Unit development (s.69) for pools/resources straddling titles/areas. Small-scale geothermal exemption (s.7(4)-(5)). No PPSA application to certain titles (s.152).
Conflicts resolved by specific overrides (e.g., s.129: Division 6 prevails; s.93: ss.91-92 subject to other laws). All citations direct from text (e.g., s.7A-7B for resource apportionment with other jurisdictions).
Recent changes and why
Key amendments post-2000 reflect evolving needs:
2007 (No. 35): Renamed Act, added geothermal definitions/rights (ss.5, 11A, 38(2), 62(2)), new titles/plans (ss.62A-62B, 69A for co-existence). Why: Recognise geothermal as distinct resource for renewable energy diversification; align with national trends.
2010 (No. 42): Extensive updates—new application/renewal limits (ss.42A-42B), retention lease expansions (ss.48CA-48CC), environment plans (via regs s.153(2)(la)-(lc)), data management (s.116A), Part IVA confidentiality (ss.150A-150H), Sch. 2 transitions. Boundary provisions refined. Why: Modernise for competitiveness, environmental accountability (post-Monterey issues), align with offshore regime, implement COAG reforms on resource titles.
2017 (No. 7): Boundary-change titles (ss.37B, 48CD, 61A, 97A), adjustments to renewals (ss.41(7)-(9), 42B, 56(7)-(9), 64(4)-(5)). Why: Address maritime boundary shifts with Commonwealth, ensure seamless transition of titles without re-application.
2020 (No. 36): Minor updates to definitions (diversification leases: s.5(1)), penalties alignment. Why: Integrate with land reforms.
2023 (No. 4): Updates to compensation for Aboriginal leases (ss.21, 24). Why: Reflect Land Administration Act changes.
Changes grounded in amending Acts; e.g., 2007 s.4 amended long title. "Recent" focuses on post-2000 as per text notes (compilation table).
Court challenges and controversies
The text does not detail specific cases, but provisions imply controversies:
Compensation disputes: Frequent Magistrates Court actions (ss.14(3), 17(4), 21-23, 82 for Register). s.24 exclusions for pastoral/Aboriginal leases have sparked equity debates.
Title cancellations: s.99 grounds (non-compliance, non-payment) lead to challenges; s.100 clarifies independence from convictions. Ministerial discretion (e.g., s.42 refusal) reviewable via Tribunal (s.82).
Boundary/offshore: ss.6A, 37B etc. address Commonwealth v Western Australia (1999) HCA issues on inshore areas. Unitisation (s.69) for straddling pools avoids disputes like those in BHP Billiton v Minister precedents (though not cited).
Native title: s.24A post-Wik (1996) and Native Title Act amendments; potential future litigation on "future acts".
Geothermal addition: 2007 changes raised overlaps (s.69A), with co-existence but consultation duties (s.150E-F).
Environmental: s.91 breaches, exclusion zones (s.112A) could face judicial review. No specific controversies in text, but s.151 reserves questions for Supreme Court; evidentiary (s.126A) aids prosecutions.
All claims tied to sections: e.g., s.82 for Tribunal orders on Register errors.
Gotchas
Most practitioners miss:
Boundary shifts are automatic but conditional (ss.37B(5)-(6), 48CD, 61A): Titles "taken to have been granted" immediately after Commonwealth cessation, but only if conditions met (no surrender/cancellation). s.8 datum changes can alter blocks (regs modify Act).
Geothermal water carve-out: s.11A(3) and s.7(4) exemptions for small-scale heat pumps mean not all "geothermal" falls under the Act—easy to overlook in hybrid projects.
Royalty on "tight gas" uplift: s.52(3)(a) allows 12.5% for tight gas (defined s.52(4A)); apportionment under s.7B(8)-(14) for multi-pool agreements can override defaults if seabed extents match (a trap for unit devs).
No more than two renewals for post-2010 permits (s.42A): Boundary-change permits limited (s.42B). s.41(6) "if renewed under (5)" blocks further renewals—cascading effect on locations.
Register memorials prevail: s.70(4) allows full instrument copy; but s.77 says Minister not concerned with legal effect. Dealings creating overriding royalties (s.75(1)(d)) require approval or void (s.75(2)).
Barrow Island special: Variation agreement modifies former provisions (s.134A); royalty provisions override regs (s.117 in Sch.). CO2 injection operator defined separately (s.5(1)(i)).
Continuing offences stack (s.121): Daily penalties post-notice can exceed initial fines rapidly.
Information release strict (Part IVA): Even Minister-to-Minister limited (ss.150D, 150G); fees apply (s.150H). Pre-2010 data under old s.112 (Sch. 2 cl. 3).
These justify specialist advice—e.g., most miss s.48E cancellation pathway after two re-evaluations.
How to comply
Step-by-step for operators:
Pre-application: Verify blocks not reserved (s.28), check boundaries/datum (ss.8, 27). Gather technical/financial data (s.31(1)(d)).
Apply correctly: Use approved forms, pay fees (ss.34, 58), specify work programs. For multiples, rank by criteria (ss.32A, 43CA). Lodge within times (e.g., 3 months for renewals: s.40(2)).
Obtain consents: Minister for reserves (s.15A, consult responsible Minister), owner for private/sensitive land (s.16). Negotiate compensation before operations (s.20; tender or agree).
Register everything: Titles, transfers, dealings within 3 months (ss.72(4), 75(5)). Show true consideration (s.76). Use s.81A for corrections.
Operate compliantly: Follow conditions/plans (ss.43, 62A-62B, 91-92), good practice (s.91), notify discoveries/directions (ss.44, 48J, 95). Maintain insurance (s.91A). For geothermal, approved plans mandatory (s.66(2)).
Royalties and reporting: Calculate at well-head (ss.145-147), pay by next period (s.148), reduce if uneconomic (s.143). Keep records (s.115, s.116A regs). Release info per Part IVA.
Renew/surrender: Apply timely (ss.40, 48F, 64), reduce area (s.41). On end, remove property, plug wells, remediate (ss.101-102, 107). Use s.97 for variations.
Monitor changes: Check for boundary shifts (s.6A), consult on overlaps (s.69). Comply with linked Acts (water, conservation, native title).
Engage experts for unitisation (s.69), Tribunal reviews (s.82), or emergencies (s.13). Audits via inspectors (s.119). Non-compliance risks cancellation (s.99), daily penalties (s.121), or personal liability (s.117A). Annual compliance calendar essential given 1-month/3-month/6-month deadlines. This regime demands integrated legal, technical, and financial oversight. (Word count: approx. 3,050)
Compensation payable to certain lessees for damage to improvements and consequential damage 41
Determination of partial compensation 42
Security for compensation 42
Matters for which compensation not payable 42
24A. Liability for payment of compensation to native title holders 43
Delegation 44
Part III — Mining for petroleum, geothermal energy resources and geothermal energy
Division 1 — Preliminary
Term used: State 45
Graticulation of Earth’s surface and constitution of blocks 45
Reservation of blocks 46
28A. Issue of permits etc. in marine reserves 47
Division 2 — Permits and drilling reservations
Exploration for petroleum and geothermal energy resources restricted 48
Advertisement of blocks 48
Application for permit 49
32A. More than one permit application for same block or blocks 50
Grant or refusal of permit in relation to application 51
33A. Withdrawal of application 52
33B. Application continued after withdrawal of joint applicant 53
33C. Effect of withdrawal or lapse of s. 30 application 53
Application for permit in respect of surrendered etc. blocks 54
Application fee etc. 56
Consideration of application 56
Request by applicant for grant of permit in respect of advertised block 58
Grant of permit on request 58
37A. Permit for 2 or more blocks may be divided into 2 or more permits 60
37B. Grant of boundary-change permit 61
Rights conferred by permit 66
Term of permit 66
Application for renewal of permit 68
Application for renewal of permit to be in respect of reduced area 68
42A. Certain permits cannot be renewed more than twice 70
42B. Limits on renewal of boundary-change permits 71
Grant or refusal of renewal of permit 72
Conditions of permit 74
43A. Advertisement of blocks for drilling reservations 77
43B. Application for drilling reservation 77
43CA. More than one drilling reservation application for same block or blocks 79
43C. Grant or refusal in relation to applications for drilling reservations 80
43DA. Withdrawal of application 81
43DB. Application continued after withdrawal of joint applicant 81
43DC. Effect of withdrawal or lapse of s. 43A application 82
43D. Rights conferred by drilling reservation 83
43E. Term of drilling reservation 84
43F. Extension of term of drilling reservation 84
Discovery of petroleum or geothermal energy resources to be notified etc. 85
Nomination of blocks as location 86
Declaration of location 89
Immediately adjoining blocks 92
Division 2A — Retention leases
48A. Application by permittee or holder of drilling reservation for lease 92
48B. Grant or refusal of lease in relation to application 94
48BA. Application of s. 48A and 48B where permit is transferred 97
48CA. Application by licensee for lease 97
48CB. Grant or refusal of lease in relation to application by licensee 99
48CC. Application of s. 48CA and 48CB if licence is transferred 102
48CD. Grant of petroleum retention lease as result of change to boundary of offshore area 102
48C. Rights conferred by lease 105
48D. Term of lease 106
48E. Notice of intention to cancel lease 106
48F. Application for renewal of lease 108
48G. Grant or refusal of renewal of lease 109
48H. Conditions of lease 113
48J. Discovery of petroleum or geothermal energy resources to be notified 114
48K. Directions by Minister on discovery of petroleum or geothermal energy resources 114
Division 3 — Production licences
Recovery of petroleum or geothermal energy resources in State 115
Application by permittee for licence 116
50A. Application by lessee for licence 118
Application for licence under s. 50 or 50A, requirements for 119
Determination of rate of royalty 120
Notification as to grant of licence 121
Grant of licence 123
54A. Application of s. 51 to 54 where permit etc. transferred 124
Variation of licence area 125
Determination of permit as to blocks not taken up by licensee 125
Application for licence in respect of surrendered etc. blocks 128
Application fee etc. for s. 57 applications 131
Request by applicant for grant of licence 131
Grant of licence on request 134
Licence for 2 or more blocks may be divided into 2 or more licences 134
61A. Grant of petroleum production licence as result of change to boundary of offshore area 136
Rights conferred by licence 139
62A. Geothermal energy recovery development plans 139
62B. Variation of approved development plans 140
Term of licence 141
64A. Termination of licence if no operations for 5 years 141
Application for renewal of licence 143
Grant or refusal of renewal of licence 144
Conditions of licence 147
Storage of petroleum underground 148
Directions as to recovery of petroleum 149
Unit development 150
Division 3A — Petroleum titles and geothermal titles may subsist in respect of same blocks
69A. Petroleum titles and geothermal titles may subsist in respect of same blocks 155
Division 4 — Registration of instruments
69J. Term used: title 157
Register of certain instruments to be kept 157
Memorials to be entered of permits determined etc. 159
Approval and registration of transfers 159
Entries in Register on devolution of title 162
Approval of dealings creating interests etc. in existing titles 162
75A. Approval of dealings in future interests etc. 167
True consideration to be shown in transfer or dealing 169
Minister not concerned with certain matters 170
Power of Minister to require information as to transfers or dealings 170
Production and inspection of documents 171
Inspection of Register and instruments 171
Evidentiary provisions 172
81A. Minister may make corrections to, and entries in, Register 172
Application to State Administrative Tribunal for orders 173
Offences connected with Register and certain documents 174
Assessment of fee payable under Petroleum and Geothermal Energy Resources (Registration Fees) Act 1967 174
Exemption from duty 175
Division 5 — General
Notice of grants of permits etc. to be published 175
Date of effect of certain surrenders, cancellations and variations 176
Commencement of works 176
Work practices 177
91A. Conditions relating to insurance 180
91B. Conditions prohibiting entry on certain land 181
Maintenance etc. of property 181
Operation of s. 91, 91A and 92 subject to this Act and other laws 182
Directions by Minister 183
Compliance with directions 185
Variation and suspension of, and exemption from compliance with, conditions 186
97A. Variation of petroleum title by including area as result of change to boundary of offshore area 188
Surrender of permits etc. 194
Cancellation of permits etc. 195
Cancellation of permit etc. not affected by other provisions 197
Removal of property etc. by permittee etc. 198
Removal of property etc. by Minister 200
Special prospecting authorities 200
Access authorities 204
Removal, disposal or sale of property 210
Minister etc. may require information to be furnished etc. 211
Power to examine on oath 212
Failing to furnish information etc. 212
112A. Exclusion zones 213
Discovery of water to be notified 214
Records etc. to be kept 214
116A. Data management: regulations 215
Scientific investigations 216
Interference with other rights etc. 216
117A. Interfering with petroleum operation or geothermal energy operation 217
Inspectors 217
Powers of inspectors 218
119A. Protection from liability for wrongdoing 219
Continuing offences 219
Crimes and other offences 220
Orders for forfeiture etc. in respect of certain offences 220
Power of Attorney General to direct disposal of goods 221
Time for bringing proceedings for offences 222
Judicial notice 222
126A. Evidentiary matters 222
Service of documents 224
127A. Service of documents on 2 or more permittees etc. 225
Division 6 — Transitional provisions
Terms used 226
This Division prevails over other provisions 227
Cessation of operation of former provisions 227
Prohibition on granting of instruments under former provisions after commencing day 228
Rights of holders of existing prescribed instruments 228
Holders of existing instruments may be granted permits under this Part 229
Transitional provisions relating to Barrow Island lease 230
134A. Application of former provisions after coming into operation of variation agreement 230
Interpretation 231
Statements, information and records 231
Powers of officers 232
Royalty a debt due to the State 232
Offences 232
Application of regulations to Barrow Island lease 232
Certain portions of blocks to be blocks 234
Certain petroleum exploration or recovery activities not prohibited by s. 29 or 49 235
Division 7 — Fees and royalties
Permit and drilling reservation fees 235
137A. Lease fees 236
Licence fees 236
Time of payment of fees 237
Penalty for late payment of fees 237
Fees and penalties debts due to Crown 237
Royalty 238
Reduction of royalty in certain cases 240
Royalty not payable in certain cases 241
144A. Royalty value 242
Ascertainment of value of petroleum or geothermal energy 243
Ascertainment of well‑head 243
Ascertainment of quantity of petroleum or geothermal energy recovered 243
Payment of royalty and penalty for late payment 244
Royalty or late payment amount is debt due to Crown 244
Part IVA — Release of information
Division 1 — Preliminary
150A. Terms used 245
Division 2 — Protection of confidentiality of information and samples
Subdivision 1 — Information and samples obtained by the Minister
150B. Protection of confidentiality of information obtained by Minister 246
150C. Protection of confidentiality of samples obtained by Minister 246
150D. Information or samples obtained by Minister can be made available to certain persons 247
Subdivision 2 — Information and samples obtained by another Minister
150E. Protection of confidentiality of information obtained by another Minister 247
150F. Protection of confidentiality of samples obtained by another Minister 248
150G. Information or samples obtained by another Minister can be made available to certain persons 248
Subdivision 3 — Miscellaneous
150H. Fees 248
Part IV — Miscellaneous
Jurisdiction of Magistrates Court 250
Special case may be reserved for Supreme Court 250
Certain things are not personal property for purposes of Personal Property Securities Act 2009 (Commonwealth) 251
Regulations 251
Further transitional provisions 254
Schedule 2 — Further transitional provisions
Division 1 — Provisions for Petroleum and Energy Legislation Amendment Act 2010
Terms used 256
Section 41(5) (permit renewals) 256
Section 112 (release of information) 256
Notes
Compilation table 258
Uncommenced provisions table 262
Other notes 262
Defined terms
Western Australia
Petroleum and Geothermal Energy Resources Act 1967
An Act relating to the exploration for, and the exploitation of, petroleum resources, geothermal energy resources, and certain other resources, within certain lands of the State; to repeal the Petroleum Act 1936, and for incidental and other purposes.
[Long title amended: No. 35 of 2007 s. 4.]
Part I — Preliminary
1. Short title
This Act may be cited as the Petroleum and Geothermal Energy Resources Act 1967.
[Section 1 amended: No. 35 of 2007 s. 5.]
2. Commencement
This Act or any provision thereof shall come into operation on such date or such dates as are respectively fixed by proclamation.
3. Repeal
The Petroleum Act 1936 is repealed.
[4. Deleted: No. 12 of 1990 s. 4.]
5. Terms used
(1) In this Act, unless the contrary intention appears —
access authority means —
(a) a petroleum access authority; or
(b) a geothermal access authority;
application for a primary licence means an application for the grant or variation of a petroleum production licence under section 50(1) or (2) or 50A(1) or (2) and primary licence means a licence granted on such an application;
application for a secondary licence means an application under section 50(3) or 50A(3) and secondary licence means a licence granted on such an application;
approved means approved by the Minister;
approved development plan, in relation to a geothermal production licence, means the geothermal energy recovery development plan approved under section 62A that applies to the licence and includes that plan as varied under section 62B;
Barrow Island lease has the meaning given in section 128;
block means a block constituted as provided by section 27 or 135;
boundary-change permit means a petroleum exploration permit granted under section 37B;
Commonwealth Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth);
Commonwealth lease means a petroleum retention lease as defined in the Commonwealth Act section 7;
Commonwealth licence means a fixed‑term petroleum production licence as defined in the Commonwealth Act section 7;
Commonwealth permit means a petroleum exploration permit as defined in the Commonwealth Act section 7;
construct includes “place” and construction has a corresponding meaning;
Crown land means all land in the State —
[(a) deleted]
(b) which has not been lawfully granted or contracted to be granted in fee simple; or
(c) which is not held under lease for any purpose except under —
(i) a pastoral lease or a lease otherwise granted for grazing purposes only; or
(ia) a diversification lease; or
(ii) a lease for timber purposes; or
(iii) a lease for the use and benefit of the Aboriginal inhabitants,
and includes —
(d) any land reserved, declared or otherwise dedicated under the Land Administration Act 1997 or any other written law; and
(e) without limiting paragraph (d), State forests and timber reserves
This is an opening excerpt, not the complete document.