118Regulations

118 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (1), the Administrator may in the Regulations prescribe for or in relation to: (a) the exploration for petroleum and the carrying on of operations for that purpose; and (b) the production of petroleum, including the rate of production from a licence area, and the carrying on of operations and execution of works for that purpose; and (c) the conservation and prevention of waste of natural resources whether petroleum or otherwise; and (d) the construction, erection, maintenance, operation or use of installations or equipment within an exploration permit or licence area by the permittee or licensee; and (e) the control of the flow or discharge, and the prevention of escape of, petroleum, water or drilling fluid, or a mixture of them or any other matter; and (f) the cleaning up or other remedying of the effects of the escape of petroleum; and (g) the prevention of damage to petroleum bearing strata in an area in relation to which an exploration permit or licence is not in force; and (h) the separation of: (i) each source of petroleum discovered in an exploration permit or licence area; and (ii) each source of water discovered in an exploration permit or licence area; and Petroleum Act 1984 179 (j) the prevention of water and other matter from entering a petroleum pool through wells; and (k) the maintenance in good condition and repair of all structures, equipment and other property used or intended to be used for or in connection with the exploration for, or the production of, petroleum in an exploration permit or licence area; and (m) the removal from an exploration permit or licence area of structures, equipment or other property brought into an exploration permit or licence area; and (p) the protection of the environment and people who have lawful access to the exploration permit or licence area; and (pa) land access agreements; and (pb) access to land to comply with a direction or notice given by the Minister, the Environment Minister, the CEO, the Environment CEO or an inspector under this Act; and (pc) environmental securities and petroleum infrastructure decommissioning securities; and (pd) the giving of notice before a prescribed class of activity or work is commenced; and (pe) the keeping and inspection of records in connection with any activity or work undertaken under an approved plan or an approved environment management plan; and (pf) the reporting of incidents arising from operations or activities carried out under a permit or licence; and (q) fees or charges that may be payable or imposed by or under (r) the form and manner of making applications under this Act; and (s) the creation of offences including offences of strict or absolute liability; and (t) maximum penalties for an offence against a regulation, other than an offence of strict liability or absolute liability, of 2 000 penalty units; and (u) maximum penalties for an offence against a regulation that is an offence of strict liability or absolute liability of 200 penalty units; and Petroleum Act 1984 180 (v) the imposition of interest to be payable, and the rate and method of calculating interest, on amounts due and payable under this Act, but unpaid, to the Territory; and (w) the recovery of interest and the ability of the Minister to waive, in whole or in part, interest that is otherwise payable in a particular case; and (x) circumstances where the Minister may, on conditions specified by the Minister: (i) determine that particular operations do not need to be covered by an approved plan; or (ii) exempt an interest holder from the requirement to comply with an approved plan in a particular respect; or (iii) agree to the modification of a requirement under an approved plan. (3) In regulations prescribing matters for the protection of the environment, as mentioned in subsection (2)(p), the Administrator may provide for: (a) functions to be performed, and powers to be exercised, by the Minister; and (b) the way in which the Minister may perform a function or exercise a power, including the way in which the Minister may exercise a discretion. (4) In addition to the matters mentioned in subsection (3), regulations for protection of the environment may provide for a scheme under which persons proposing to undertake certain activities under this Act must obtain prior Ministerial approval of an environment management plan. (5) A scheme mentioned in subsection (4) may include the prescribing of decisions made under the regulations and who may apply for judicial review or merits review of those decisions. (6) A scheme mentioned in subsection (4) may also require that a plan submitted for approval be accompanied by other documents as the Administrator considers appropriate. Petroleum Act 1984 181 (6A) In regulations for or in relation to land access agreements under subsection (2)(pa), the Administrator may provide for any of the following: (a) the circumstances in which a land access agreement between parties is required; (b) the parties who are required to enter into a land access agreement; (c) the process to be undertaken by the parties to enter into a land access agreement; (d) the minimum requirements of a land access agreement; (e) the process to be undertaken if a land access agreement cannot be entered into between the parties; (f) the requirement to maintain a register of land access agreements and the manner in which a land access agreement is registered; (g) the liability of the parties to the costs associated with land access agreements; (h) the requirement to maintain a register of persons with dispute resolution qualifications and the circumstances in which a person in the register would be required to assist the parties; (i) the requirement for a party to a land access agreement to provide a guarantee in favour of a third party; (j) the consequences of a breach of a land access agreement and a scheme for the enforcement of a land access agreement, including by providing that a breach of a land access agreement is an offence against the regulations; (k) the conferral of jurisdiction on the Tribunal to do the following: (i) arbitrate between the parties required to enter into a land access agreement; (ii) deal with a dispute between the parties required to enter into a land access agreement or deal with a dispute between the parties to a land access agreement; (iii) determine the contents of a land access agreement for the parties; (iv) determine that a land access agreement be terminated; Petroleum Act 1984 182 (l) despite sections 131 and 132 of the Northern Territory Civil and Administrative Tribunal Act 2014 – the Tribunal making costs orders in relation to an arbitration, decision or determination arising from the conferral of jurisdiction from this subsection; (m) the functions to be performed, and powers to be exercised, by the Minister; (n) the way in which the Minister may perform a function or exercise a power, including the way in which the Minister may exercise a discretion; (o) Ministerial approval of a land access agreement; (p) the decisions made under the regulations that are subject to judicial review or merits review and who may apply for judicial review or merits review of those decisions. Note for subsection (6A)(k) Section 82B provides that section 140 of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply to a decision made by the Tribunal as a result of jurisdiction conferred under subsection (6A)(k). (7) In regulations for or in relation to access to land under subsection (2)(pb), the Administrator may provide for any of the following: (a) the persons who may gain access; (b) the requirement to give notice to an owner or occupier of land, and to any other specified person, before access occurs; (c) the action that may be taken after entering land; (d) the extent to which equipment, machinery and materials may be brought on to land; (e) the right to leave monitoring and other equipment on land; (f) any requirement or duty in connection with being on land; (g) an entitlement to compensation for loss or damage incurred by an owner or occupier of land; (h) the provision of information and reports in connection with entry on to land or undertaking work or activities in relation to the land. Petroleum Act 1984 183 (8) A regulation may, in relation to fees or charges mentioned in subsection (2)(q): (a) prescribe differential fees or charges; or (b) provide for fees or charges to be determined according to prescribed factors or circumstances or by applying any prescribed methodology. (9) The regulations may apply or adopt the following as in force at a particular time or as in force from time to time: (a) an approved code of practice; (b) a national standard, guideline, code of practice or other similar instrument; (c) a standard published by Standards Australia.