What it does
The Petroleum and Geothermal Energy Resources Act 1967 (WA) (the Act) establishes a comprehensive statutory framework for the exploration, retention, and commercial production of petroleum (defined in s.5(1) as naturally occurring hydrocarbons in gaseous, liquid, or solid state, including mixtures with hydrogen sulphide, nitrogen, helium, or carbon dioxide, but excluding oil shale) and geothermal energy resources (defined as subsurface rock or substances containing geothermal energy, with "geothermal energy" itself defined as thermal energy from natural geological processes) within Western Australia. The long title confirms its purpose: regulating exploration and exploitation of these resources on State lands, repealing the Petroleum Act 1936, and dealing with incidental matters. It does not apply to small-scale non-commercial geothermal uses (s.7(4)-(5)) or operations under the Petroleum (Submerged Lands) Act 1982 (now aligned with the Commonwealth Offshore Petroleum and Greenhouse Gas Storage Act 2006 via boundary provisions in ss.6A, 37B, 48CD, 61A, and 97A).
Core to the Act is the declaration in s.9 that all petroleum, geothermal energy resources, and geothermal energy are, and always have been, the property of the Crown, notwithstanding prior grants or leases. This is reinforced by s.10, which deems Crown grants and leases to reserve these resources and rights of access. The Minister may search for resources on any land (s.11), with compensation for private land impacts determined under the Land Administration Act 1997 (s.11(3)). Recovered petroleum or geothermal energy becomes the property of the title holder (s.11A), subject to the Act and third-party rights (with geothermal not conferring water rights).
The Act creates a licensing hierarchy in Part III. Exploration is prohibited except under a petroleum or geothermal exploration permit or drilling reservation (s.29, with penalties of $50,000 or 5 years' imprisonment). Permits are granted after advertisement (s.30), application (s.31, limited to 400 blocks for petroleum or 160 for geothermal, with work/expenditure proposals), and Ministerial consideration (ss.32-37). Boundary-change permits arise automatically from offshore boundary shifts (s.37B). Rights conferred are to explore and conduct necessary operations (s.38). Terms are 6 years initial (5 on renewal), with mandatory 50% area reductions on renewal (s.41, subject to exceptions for locations and boundary changes).