57AAccess authorities

57A Access authorities (1) In this section, petroleum title means an authority, however described, under the Petroleum (Submerged Lands) Act 1981 or a law of a State to explore for or to recover petroleum. (2) A permittee, licensee or the lessee of a lease granted under the repealed Act, or the holder of a petroleum title granted outside the Territory, may apply for the grant of an access authority by lodging with the Minister: (a) an application in the approved form and approved manner; (c) a statement specifying the operations that the applicant proposes to carry on under the access authority; and (d) a statement setting out any other matters that the applicant wishes the Minister to consider. (2A) An application under subsection (2) must be accompanied by the (3) Subject to this section, on receiving an application under subsection (2), the Minister may grant or refuse to grant the access authority. (3A) An access authority may be granted in respect of all, or part, of the land to which the application under subsection (2) relates. (3B) If the Minister grants an access authority in respect of part only of Minister expressly states otherwise when granting the access authority, remains in force in respect of the remainder of the land to (4) An access authority is subject to the conditions that the Minister determines (whether in accordance with a recommendation of the Tribunal or otherwise) and specifies in the authority. (5) The Minister may, at any time by written notice served on the holder of an access authority, vary the access authority area to which the access authority is subject. Petroleum Act 1984 53 (6) The Minister shall not grant an access authority, or vary an access authority, in respect of an area that is the subject of an exploration permit, licence or lease of which the applicant or holder is not the permittee, licensee or lessee, as the case may be, unless the Minister has served: (a) a notice in accordance with subsection (7) on the permittee, licensee or lessee; and (b) a copy of the notice on such other persons, if any, as the Minister thinks fit. (7) A notice under subsection (6) shall: (a) give particulars of the access authority proposed to be granted or of the variation proposed to be made; and (b) specify a date, not being earlier than 28 days after the date of the notice, on or before which a person on whom the notice or a copy is served may submit any matters that the person wishes the Minister to consider. (8) In considering an application under this section, the Minister shall take into account any matters submitted on or before the date specified in the notice under subsection (7). (9) An access authority authorises the holder, subject to this Act and the conditions to which it is subject, to carry on in the access authority area exploration for petroleum or operations relating to the recovery of petroleum in or from the exploration permit, licence, lease or petroleum title in respect of which the application under subsection (2) was made and any other operations specified in the access authority. (10) An access authority remains in force for such period as is specified by the Minister but may be renewed by the Minister for a further specified period. (11) An access authority may be: (a) surrendered by the holder by written notice served on the Minister; or (b) cancelled by the Minister by written notice served on the holder and a person in whose exploration permit area, licence area or lease area operations may be carried on in pursuance of the access authority. Petroleum Act 1984 54 (12) Where an access authority has been cancelled or surrendered, or has expired, the Minister may direct the person who was the holder of the access authority to do one or more of the following things: (a) remove or cause to be removed from the area to which the access authority applied anything brought into the area by any person engaged or concerned in the operations authorised by the access authority or to make arrangements that are satisfactory to the Minister with respect to those things; (b) subject to this Act, make good, to the satisfaction of the Minister, the rehabilitation of the environment in the area to which the access authority applied and any other area that has been damaged by any person engaged or concerned in the operations authorised by the access authority. (13) A person must comply with a direction under subsection (12). (14) A person commits an offence if: (a) the person is given a direction under subsection (12); and (c) the conduct results in a contravention of the direction and the (15) Strict liability applies to subsection (14)(a). (16) A person commits an offence if: (a) the person is given a direction under subsection (12); and (b) the person contravenes the direction. (17) An offence against subsection (16) is an offence of strict liability. (18) It is a defence to a prosecution for an offence against subsection (14) or (16) if the defendant took reasonable steps and (19) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (18). Petroleum Act 1984 55 57AA Report on operations under access authority (1) A person must comply with subsection (2) if: (a) the person is the holder of an access authority; and (b) the access authority is in force in respect of an area that consists of, or includes, an exploration permit area, licence area, lease area or the area over which a petroleum title is granted; and (c) the person is not the permittee, licensee, lessee or the holder of the petroleum title. (2) The person must, not later than 28 days after the end of each month during which the access authority is in force, provide the permittee, licensee, lessee or holder of the petroleum title with a report, in writing, of: (a) the operations carried on in the permit area, licence area, lease area or the area over which a petroleum title is granted during that month; and (b) a summary of the facts ascertained from those operations. (3) A person commits an offence if the person is required to provide a report under subsection (2) and the person contravenes that requirement. Maximum penalty: 100 penalty units. 57AAA Recovery of petroleum on appraisal basis (1) This section applies to a person who is: (a) a permittee; or (b) a retention licensee. (2) The person may apply to the Minister for approval to recover petroleum on an appraisal basis under the relevant petroleum interest. (3) An application for the approval of the Minister must: Petroleum Act 1984 56 (b) be accompanied by the information required by the Minister; and (c) be accompanied by a proposal for the petroleum infrastructure decommissioning security relating to any appraisal production infrastructure proposed to be used in connection with the recovery of petroleum on an appraisal basis; and (e) comply with any guidelines published by the Minister. (4) The Minister may give the person a written notice requesting further information to assist the Minister to determine the application. (5) The Minister must not approve the application unless satisfied: (a) that a discovery of petroleum has occurred on the permit area or retention licence area; and (b) that extended well testing is required to determine whether the reservoir is commercially exploitable; and (c) that petroleum recovered during extended well testing would be flared or vented if the approval were not to be granted; and (d) that the applicant has obtained approval, consent or agreement under the Land Rights Act or the Native Title Act in relation to the sale or other beneficial use of petroleum recovered on an appraisal basis. (6) An approval under this section is subject to conditions specified by the Minister on the grant of the approval. (7) An approval under this section is for a period determined by the (8) The Minister may, on the Minister's own initiative, vary a condition of an approval under this section. (9) The Minister may, on the application of a permittee or retention licensee, vary a condition of an approval under this section. (10) The Minister may, on the application of a permittee or retention licensee, extend the period of an approval under this section. Petroleum Act 1984 57 (11) The Minister may, by written notice to a permittee or retention licensee, cancel an approval under this section if the permittee or licensee: (a) did not comply with a condition of the approval; or (b) has been issued with a notice under section 30 or 43. 57AAB Transfer of interest in application for petroleum interest (1) This section applies to a person who: (a) has applied for a petroleum interest; and (b) is seeking to transfer the person's interest in the application to another person. (2) The transfer has no effect unless it is approved by the Minister. (3) An application for the approval of the Minister must: (b) be accompanied by an instrument of transfer that is signed or executed in the manner specified in the approved form; and (c) in the case of an application for a permit or licence – be accompanied by the information required by the Minister including information to establish that the proposed transferee, and any associated entity of the proposed transferee, is an appropriate person to hold the permit or licence; and (4) The Minister may, before determining an application under this section, request from the applicant or proposed transferee further information relating to the transfer to assist the Minister to determine the application. (5) In determining an application under this section in relation to a permit or licence, the Minister must be satisfied that the proposed transferee, and any associated entity of the proposed transferee, is an appropriate person to hold the permit or licence as required by section 15A (and may take into account any other matter determined to be relevant by the Minister). Petroleum Act 1984 58 (6) If the Minister approves a transfer under this section, the Minister may: (a) cause the transfer to be noted or given effect to in such manner as the Minister thinks appropriate; and (b) require that any step taken in relation to the application to be repeated or varied in such manner as the Minister thinks appropriate. (7) An approval under this section may be subject to any other condition or requirement determined by the Minister and recorded as part of the Minister's approval. 57AAC Grant relating to Aboriginal land or native title land (1) If any of the affected land to which an application for a petroleum interest comprises Aboriginal land, the Minister may grant a petroleum interest for that land only if the applicant has obtained any permit, consent or agreement required under the Land Rights Act. (2) If the Minister is satisfied that a grant of a petroleum interest will be a future act in relation to any of the land to be comprised in the petroleum interest, the Minister may grant the petroleum interest only if satisfied that all procedures under the Native Title Act relevant to the future act have been followed. 57AAD Ability of Minister to vary conditions of petroleum interest (1) The Minister may, on the Minister's own initiative, vary a condition of a petroleum interest. (2) The Minister may take action under subsection (1) if the Minister believes on reasonable grounds that: (a) the interest holder has contravened a provision of this Act or a direction or notice under this Act; or (b) without limiting paragraph (a), the interest holder has failed to comply with a condition of the petroleum interest; or (c) the action is reasonably necessary to protect: (i) any aspect of the environment; or (ii) any person, property or infrastructure. Petroleum Act 1984 59 (3) Before taking action under subsection (1), the Minister must: (a) by written notice, inform the interest holder of the proposed action and the reasons for it; and (b) allow the interest holder an opportunity to make representations about the proposed action within a period (being at least 28 days) specified in the notice. (4) As soon as practicable after making a decision to take action under subsection (1), the Minister must give notice to the interest holder setting out details of the action that has been taken. 57AAE Insurance (1) It is a condition of a petroleum interest that the interest holder will maintain an insurance policy as required by the Minister during any period determined or directed by the Minister. (2) The Minister may, from time to time, require that an insurance policy under subsection (1) be varied or substituted. Subdivision 1 Judicial review 57ABA Judicial review of decision or determination Any person may seek judicial review by the Supreme Court of a decision or determination specified in Schedule 2, whether or not any right of the person has been affected by, or as a consequence of, the decision or determination. Note for section 57ABA Order 56 of the Supreme Court Rules 1987 applies in relation to judicial review. 57AB Review by Tribunal (1) The Tribunal has jurisdiction to review a decision or determination (a reviewable decision) specified in Schedule 3. (2) An interested person, for a reviewable decision, is a person specified in Schedule 3 for the decision. Petroleum Act 1984 60 (3) An interested person for a reviewable decision may apply to the Tribunal for review of the reviewable decision. Note for subsection (3) The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to the Tribunal for review and other relevant matters in relation to reviews. (5) Unless the Tribunal orders otherwise, an application for review by the Tribunal does not affect the operation or implementation of the decision or determination under review. Part III General provisions relating to petroleum interests