Petroleum is a substance consisting of hydrocarbons that occur naturally in the earth’s crust, a substance necessarily extracted or produced as a by-product of extracting or producing such a hydrocarbon, a fluid extracted or produced from coal or oil shale by a chemical or thermal process or a by-product of that process that consists of or includes hydrocarbons, another substance prescribed under a regulation consisting of or including hydrocarbons, or a gas that occurs naturally in the earth’s crust as prescribed under a regulation (s 10(1)). A substance mentioned in s 10(1)(c) is a gasification or retorting product (s 10(2)). Petroleum does not include alginite, coal, lignite, peat, oil shale, torbanite or water (s 10(3)). A substance does not cease to be petroleum merely because it is injected or reinjected into a natural underground reservoir (s 10(4)). Hydrocarbon means a hydrocarbon in a gaseous, liquid or solid state (s 10(6)).
LPG is a substance in a gaseous state at standard temperature and pressure, predominantly propane, propylene or butane, and processed to be suitable for use by consumers (s 11(1)). Fuel gas is LPG, processed natural gas, hydrogen or a hydrogen gas blend used or intended to be used as a fuel to produce heat, light or power, or another substance prescribed by regulation similar to LPG or processed natural gas (s 11(2)). A hydrogen gas blend is processed natural gas and hydrogen blended together (s 11(3)). Processed natural gas is a substance in a gaseous state at standard temperature and pressure, consisting of hydrocarbons that occur naturally and other substances, more than half by volume methane, and processed to be suitable for use by consumers of fuel gas (s 11(4)). Standard temperature and pressure means an absolute pressure of 101.325 kPa at a temperature of 15°C (s 11(4)). Regulated hydrogen is hydrogen, a hydrogen gas blend, or another substance prescribed by regulation involved in or produced for a process related to the storage or transport of hydrogen (s 11A). A prescribed storage gas is a gas associated with or resulting from petroleum production, fuel gas produced at a processing plant, another gas prescribed under a regulation as suitable for storage in a natural underground reservoir, or gases produced from a waste disposal tip (s 12).
A natural underground reservoir is a part of a geological formation or structure in which petroleum or another gas prescribed under a regulation has accumulated, or that is suitable to store petroleum or a prescribed storage gas (s 13(1)). A geological formation or structure does not cease to be a natural underground reservoir merely because it has been modified for petroleum production or storage or to store a prescribed storage gas (s 13(2)). Geological formation includes a coal seam (s 13(3)). Exploring for petroleum is carrying out an activity for the purpose of finding petroleum or natural underground reservoirs, including conducting a geochemical, geological or geophysical survey, drilling a well, carrying out testing in relation to a well, or taking a sample for chemical or other analysis (s 14). Petroleum is produced when recovered to ground level from a natural underground reservoir in which it has been contained or released to ground level from a natural underground reservoir from which it is extracted (s 15(1)). If under the Mineral Resources Act a coal or oil shale mining lease holder mines coal seam gas, the lease holder produces it for this Act (s 15(2)). Produced water is CSG water or associated water for a petroleum tenure, including treated and untreated CSG water and concentrated saline water produced during treatment of CSG water (s 15A).
A pipeline is a pipe or system of pipes for transporting generally petroleum, fuel gas, produced water, prescribed storage gases or regulated hydrogen, GHG streams, or substances prescribed under s 402 (s 16(1)). A reference to a pipeline includes a part of the pipeline including its end points and a thing connected to or associated with the pipeline necessary for its operation, such as meter stations, scraper stations, valve stations, pumping stations or compressor stations, plant and equipment, machinery and tanks, corrosion protection apparatus, and communications equipment and towers (s 16(2)). A pipeline’s end points are the points at which a substance will enter or exit the pipeline on the day it first operates if it has not operated, or otherwise the points at which the substance enters or exits (s 16(3)). There is no automatic right to use a pipeline for GHG streams or substances prescribed under s 402, a condition of a pipeline licence may extend rights (s 16(1) note). A distribution pipeline is a pipeline that transports fuel gas as part of a reticulation system within a gas market or a single point-to-point pipeline that transports fuel gas to a place other than a major user facility or another such pipeline to a place other than a major user facility, but not if it transports fuel gas to a pipeline mentioned in s 16A(1)(a) or (b)(ii) (s 16A(1)-(2)). Major user facility means a facility within the area of a resource authority, a facility operated as a place of export for fuel gas (including a port), a facility operated for liquefaction of fuel gas before transport to such a facility, a facility that produces non-organic fertiliser, a petroleum facility, a power station or a smelter (s 16A(3)). Point-to-point pipeline means a pipeline from a particular point or points to another particular point or points (s 16A(3)).
A petroleum facility is a facility for the distillation, processing, refining, storage or transport of petroleum, other than a distribution pipeline, including a storage depot, meter station, petroleum processing plant, oil refinery or LPG separation plant (s 17). Types of authority under the Act are an authority to prospect (granted under s 41, continued under s 83 or 119, or renewed under s 84), a petroleum lease (granted under s 120, 132, 340 or 356 or ch 15, continued under s 163, or renewed under s 164), a data acquisition authority (granted under s 178), a water monitoring authority (granted under s 192), a survey licence (granted under s 396), a pipeline licence (granted under s 410, continued under s 481, or renewed under s 482), a petroleum facility licence (granted under s 446, continued under s 481, or renewed under s 482), a gas work licence (granted under ch 9 pt 6 div 3 sub-div 1), a gas work authorisation (granted under ch 9 pt 6 div 3 sub-div 1), and a gas device approval authority (granted under ch 9 pt 6A div 2) (s 18(1)). Authorities other than gas work licences, authorisations or gas device approval authorities are collectively petroleum authorities (s 18(2)). Authorities to prospect and petroleum leases are collectively petroleum tenures (s 18(3)). Survey licences, pipeline licences and petroleum facility licences are collectively licences (s 18(4)).
An eligible person is an adult, a company or registered body under the Corporations Act, or a government owned corporation (s 19). Conditions of a petroleum authority are the conditions stated in it from time to time, the holder’s obligations under chs 2 to 5, any condition under chs 2 to 5, and a condition that the holder must ensure each person acting for the holder who carries out an authorised activity complies with its conditions to the extent they apply (s 20(1)). A condition mentioned in s 20(1)(b) or (c) is a mandatory condition (s 20(2)). If a Coordinator-General’s condition applies to a petroleum lease, pipeline licence or petroleum facility licence or proposed such authority for a coordinated project and conflicts with a mandatory condition, the Coordinator-General’s condition prevails to the extent of the inconsistency (s 20(3)). A reference to an authority under the Act includes a reference to its provisions, a reference to the provisions is a reference to its mandatory or other conditions and any thing written in it (s 21). An authorised activity for a petroleum authority is an activity that its holder is under the Act or the authority entitled to carry out in relation to the authority (s 22(1)). The provisions of the authority may restrict carrying out authorised activities (s 22(1) note). Carrying out authorised activities is subject to the restrictions and the holder’s rights and obligations under chs 2 to 5 (s 22(1) note). Carrying out particular activities on particular land in a petroleum authority’s area may not be authorised following taking of the land under a resumption law (s 22(1) note). Authorised activities for a coal or oil shale mining tenement, GHG authority or geothermal tenure are defined by reference to the Mineral Resources Act, GHG storage Act or Geothermal Energy Act 2010 respectively (s 22(2)-(4)).
The work program for an authority to prospect is its current initial or later work program approved under ch 2 pt 1 div 3 as amended from time to time under ch 2 pt 1 div 3 sub-div 6, and is current if the period to which it applies has started and not ended (s 23). The development plan for a petroleum lease is its current initial or later development plan approved under ch 2 pt 2 div 4, and is current if the period to which it applies has started and has not ended (s 24). All petroleum on the surface of land if produced in the State, and petroleum in a natural underground reservoir in the State (other than petroleum produced outside the State and injected or reinjected), is and always has been the property of the State, subject to s 28 and ch 2 pt 6 div 3 (s 26(2)). A person does not acquire property in petroleum merely by discovering it in a natural underground reservoir, the provision applies whether or not the land or reservoir is freehold or other land (s 26(3)). The State does not include the adjacent area under the Petroleum (Submerged Lands) Act 1982 (s 26(5)).