Petroleum and Geothermal Energy Resources Regulations 1987

The Regulations centre on several discrete legal and technical concepts that translate into obligations, costs and evidential rules for participants in the petroleum and geothermal title system.

Prescribed timeframes (r.2). Regulation 2 sets single uniform three‑month periods for several Act notice and claim provisions. Specifically, s.17 notices by title‑holders to landowners about intended operations (r.2(a)), s.18 notices from landowners to title‑holders alleging injury or depreciation (r.2(b)), and s.19 further damage notices (r.2(c)) each carry a three‑month limit measured from the relevant notice date. The regulation therefore fixes limitation periods for certain administrative claims and protests within the Act’s dispute/compensation mechanics.

Fees, rates and monetary thresholds (r.3 and Schedule 1). Regulation 3 maps Act provisions to fixed fees or rates and establishes specific monetary figures for a range of powers and processes. For example, r.3(2) prescribes $149.00 per page for s.81(2); r.3(6)-(8) prescribe rates of $919.00 (s.137(b)), $20,000.00 (s.137A), and $17,400.00 (s.138). Schedule 1 itemises prescribed fees for numerous Act sections (items 1-19), with amounts ranging from small administrative sums (e.g. $142.00 at Schedule 1 item 17) to larger application/assent fees (many items at $8,320.00-$8,950.00). Regulation 3 therefore operationalises the Act’s cost structure and creates recurring monetary obligations for permittees, licensees, applicants and transferees.

Form and registration particulars (r.4 and r.5; Schedule 2). Regulation 4 prescribes the form of instrument of transfer required under s.72(3)(a) by reference to Schedule 2. Schedule 2 provides a template transfer deed with mandatory fields for parties, title description, consideration and signatures. Regulation 5 prescribes detailed particulars required for registration under s.75(4)(b). The particulars include the dealing instrument description and execution date, title details, full names and business addresses of parties, the effect of the dealing on registration under s.75(1), interests before and after registration, values where fees depend on consideration or interest value, whether parties have or propose to apply under the Registration Fees Act, and details of related dealings, including prior instruments and registration numbers (r.5(1)(a)-(j); r.5(2) defines related dealing). These requirements set a high disclosure standard for registration applicants.

Federal duty exclusions (r.8). Regulation 8 lists imposts excluded from the Act’s definition of “federal duty” in s.144A(3), including taxes already included in purchase prices, departure tax, fringe benefits tax, salary instalment deductions under the Income Tax Assessment Act 1936, customs import duty, aircraft landing charges, training guarantee charge, superannuation guarantee charge, and certain higher education contributions (r.8(a)-(j)). The regulation therefore adjusts the base used to calculate federal duty liabilities under the Act.

Geodetic datums and survey practice (rr.9-11). The Regulations specify which datums are to be used to express coordinates under s.8(1) of the Act. Regulation 9 (GDA1994) was the previous prescription and includes technical details such as the reference ellipsoid (GRS80) and a list of fiducial datum stations with coordinates (r.9(2)-(3)). Regulation 10 prescribes Geocentric Datum of Australia 2020 (GDA2020) for s.8(1) purposes (r.10(1)-(2)) by referencing a Commonwealth Determination. Regulation 11 preserves the older Australian Geodetic Datum (AGD) for limited purposes: it defines the AGD ellipsoid and the Johnston Geodetic Station origin, requires endorsement of pre‑2000 instruments that used AGD “if practicable” (r.11(4)) but makes the omission non‑fatal to validity, and mandates that AGD coordinates converted to GDA use the NTV2 grid file transformation (r.11(5)). Regulation 9 is expressly scheduled to cease having effect once specific Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025 provisions commence (r.9(4)), and regulation 10 was inserted by SL 2025/172 (r.10).

Transitional deletion and continuity mechanisms (r.12). Regulation 12 deals with the continued operation or deletion of earlier regulation 3 for purposes of Schedule 2 clause 3(4) of the Act: it declares regulation 3 as continued in force is deleted for those purposes. This creates a limited transitional rule to reconcile older fee machinery with reprint or amendment history.

Defined terms and scope. The Regulations define “AGD”, “GDA” and related terms (r.1A; RR 9-11). They also use defined Act terms such as “dealing” and “related dealing” with a clear meaning (r.5(2)). The interaction of these definitions with the Act’s definitions in s.69J and elsewhere shapes what instruments must be filed and how coordinates are to be reported.

In short, the Regulations are technical and administrative: they allocate monetary costs, fix processual timelines, require documentary disclosure, set measurement standards for spatial data and define what is excluded for federal duty calculations. Each of these concepts translates directly into administrative behaviour and compliance tasks for title holders, transferees, surveying practitioners and landowners engaged with petroleum and geothermal activities.

The Regulations identify specific classes of persons and entities whose legal rights, obligations and costs are altered or clarified. They affect both public actors (the Minister, the Register) and private actors (permittees, lessees, licensees, holders of drilling reservations, transferees, owners and occupiers of private land, surveyors and parties to dealings). The main categories and the concrete effects on them are:

• Permittees, holders of drilling reservations, lessees and licensees. These are recurrently named in regulation 2 as the classes required to give notices to owners or occupiers prior to commencing operations (r.2(a)). They are also the primary payors of the fees and rates prescribed in regulation 3 and Schedule 1 where the Act’s provisions impose payment obligations (r.3 and Schedule 1). Parties holding titles under the Act must use the prescribed transfer form (r.4; Schedule 2) when effecting transfers under s.72(3)(a), and must supply the particulars prescribed in r.5 for dealings under s.75(4)(b).

• Owners and occupiers of private land. Regulation 2 addresses rights they may exercise to notify title‑holders of injury or depreciation allegedly caused by operations (r.2(b)-(c)). Those owners/occupiers gain an explicit statutory timeframe in which to give notice (three months), which affects the timing of claims for compensation or remediation.

• Parties to dealings involving titles (transferors, transferees, parties to options, assignors, assignees). Regulation 5 imposes detailed disclosure obligations when an instrument affecting a title is lodged for registration under s.75(4)(b), including names, addresses, prior and post registration interests, value of consideration where registration fees depend on value, and disclosure of related dealings (r.5(1)(a)-(j); r.5(2)). The Schedule 2 transfer form prescribes contract content and signatory requirements for transfers (Schedule 2). Where the Registration Fees Act interacts (r.5(1)(f)-(g) and (h)), parties must declare values relevant to fee calculation and state whether they have applied for any fee relief or alternate treatment.

• Surveyors, cadastral practitioners and professionals handling spatial information. Regulations 9-11 prescribe which geodetic datums apply for statutory purposes under s.8(1). The shift to GDA2020 (r.10) and the continued limited use of AGD (r.11) impose technical requirements on how coordinates are recorded, converted and reported: AGD→GDA conversions must use the NTV2 grid file (r.11(5)); older instruments referencing AGD are to be endorsed where practicable (r.11(4)). These directions affect survey practice, instrument drafting and the content of registered plans and instruments.

• Employers and payors in the petroleum sector. Regulation 8 excludes certain imposts from the Act’s definition of “federal duty” (r.8(a)-(j)). This affects the calculation of federal duty liabilities for transactions under the Act (s.144A(3) reference), and therefore parties who pay or collect those imposts (for example, payroll instalments under the Income Tax Assessment Act 1936) must be considered when computing the bases for federal duty.

• The Minister and administrative officers. Regulation 5 contemplates Ministerial approvals for related dealings (r.5(1)(j)(ii)); registration numbers and entries in the Register are referenced (r.5(1)(j)(iii)). The Minister therefore remains a decision‑maker for approvals in some dealings, and administrative registrars will process applications using the prescribed particulars and forms.

• Persons affected by fees. The prescribed fees in Schedule 1 target a range of Act sections (s.31, s.34, s.40, s.51, etc.). Those who initiate or are subject to the processes in those sections will bear the monetary burden set out in the Schedule (Schedule 1 items 1-19). The fees update over time: the instrument shows multiple amendments to fee schedules (compilation table and amending regulations), so future payors must watch amendment history.

• Legal advisers, accountants and compliance officers. The registration particulars, datum conversion requirements and federal duty exclusions create discrete compliance tasks that advisers must administer and verify before lodgement, and which may influence commercial negotiation (for example, who bears the cost of conversions or the duty basis).

Notably, the Regulations do not create new classes of licensee or new substantive property rights; they refine administrative procedures and costs that apply to existing Act participants. The effect on competition and market entry is indirect: fees and procedural demands (detailed disclosure, standard transfer form, conversion requirements) impose compliance costs that can be quantified against transaction values. Parties contemplating transfers or dealings must budget for the prescribed fees (Schedule 1) and ensure technical conformity with datum rules to avoid registration delays. Owners and occupiers of private land receive a fixed, relatively short statutory window (three months) to notify operators of damage, which shapes the timing of claims and potential bargaining in the immediate aftermath of operations.

The Regulations instantiate precise duties (procedural, financial, technical) and protect certain rights (for example instrument validity despite non‑endorsement). The core duties and rights, with the specific regulatory text they derive from, are:

Duties to give and respond to notices within three months (r.2). The Regulations prescribe the period of three months for:

• title‑holders to notify owners/occupiers before commencing operations under s.17, measured from the day the title‑holder gives notice (r.2(a));
• owners/occupiers to notify title‑holders of injury or depreciation to private land adjoining or in the vicinity of the title area under s.18, measured from the day the owner gives notice (r.2(b));
• owners/occupiers to notify title‑holders of further damage to surface or improvements under s.19, measured from the day the owner gives notice (r.2(c)).

These timelines are mandatory for the purposes of those Act provisions and therefore operate as administrative limitation periods for raising the respective claims and notices.

Monetary payment obligations (r.3; Schedule 1). Regulation 3 prescribes fees and rates that are payable where the Act requires payment. Examples and concrete figures include:

• s.81(2) is at a rate of $149.00 per page under r.3(2);
• s.137(b) at $919.00 (r.3(6));
• s.137A at $20,000.00 (r.3(7));
• s.138 at $17,400.00 (r.3(8));
• Schedule 1 itemised fees (for example s.31(1)(f) at $8,740.00; s.34(1)(a) at $8,320.00; s.73(2) at $167.00; s.137(a) at $2,400.00).

Particulars and disclosure obligations for registration (r.5). For registration under s.75(4)(b), applicants must supply:

• description and date of execution of the dealing (r.5(1)(a));
• title details including type and number (r.5(1)(b));
• full name and business address of each party (r.5(1)(c));
• details of the effect of registration per s.75(1) (r.5(1)(d));
• interests of all parties before and after registration (r.5(1)(e));
• values where the Registration Fees Act applies (r.5(1)(f)-(g));
• whether an application under s.4(7) of the Registration Fees Act has been or will be made (r.5(1)(h));
• particulars of related dealings, including prior instrument descriptions, approval dates and registration numbers (r.5(1)(j)).

These particulars impose a disclosure duty and create an evidentiary checklist for registrars and the Minister.

Mandatory transfer form and its content (r.4; Schedule 2). The prescribed transfer form in Schedule 2 requires:

• identification of transferor(s) and transferee(s) and the title being transferred (Schedule 2 clauses (2), (3), (5));
• insertion of the value of consideration or title value where relevant (Schedule 2 clause (4));
• signature or common seal of transferor(s) and transferee(s) and the date (Schedule 2 clauses (6)-(7)).

Surveying and coordinate duties (rr.9-11). The Regulations instruct which datum to use when an instrument references positions under s.8(1):

• GDA2020 is prescribed (r.10(2));
• AGD remains prescribed for limited purposes under s.27(4) of the Act (r.11(1));
• conversion of AGD coordinates to GDA must use the NTV2 grid file transformation (r.11(5));
• instruments executed before 16 December 2000 that reference AGD should be endorsed stating AGD applied, if practicable, but omission does not affect validity (r.11(4)).

The duty to use the specified datum and conversion method is technical and binds surveyors and drafters of registered instruments.

Exclusions from federal duty (r.8). Regulation 8 prescribes exclusions to the definition of “federal duty” in s.144A(3): taxes, duties, fees and charges included in purchase prices, departure tax, fringe benefits tax, instalment income tax deductions, certain pay‑as‑you‑go deductions under the Income Tax Assessment Act 1936, customs import duty, aircraft landing charges, training guarantee charge, superannuation guarantee charge, and certain higher education contribution payments (r.8(a)-(j)). The duty to exclude those items when computing federal duty alters parties’ net duty liability.

Rights preserved and limitations. The Regulations preserve the validity of older instruments even when they lack endorsements indicating the datum used: r.11(4) expressly states that omission of the endorsement does not affect the validity of the instrument. That is a clear protection for earlier instruments that might otherwise be vulnerable to technical attack. The Regulations do not create criminal offences or specify penalties themselves; they impose administrative and financial duties that are enforced through the registration and compliance machinery of the Act and its administrative apparatus.

Ministerial involvement. Regulation 5 contemplates Ministerial approval where required by the Act (r.5(1)(j)(ii)), which confirms that Ministerial discretion under the Act continues to affect outcomes for related dealings and registrations.

Who decides and who pays. The Regulations show that the Minister decides on approvals referenced by r.5 and that parties proposing dealings must pay prescribed fees and rates listed in r.3 and Schedule 1. The Register (and registrars) will apply the registration mechanics using the prescribed particulars and form. The Regulations therefore allocate tasks between private actors (preparing notices, supplying particulars, paying fees, converting coordinates) and public administrators (receiving and approving registrations, maintaining the Register, enforcing fee payment under the Act).

The Regulations themselves are largely procedural and financial, and they do not create express criminal penalties or an enforcement schedule within their text. Enforcement and penalties for non‑compliance with duties prescribed in the Regulations will therefore arise primarily through the parent Act’s enforcement provisions and the administrative powers it grants to the Minister, registrars and other decision‑makers, as those Act provisions are the legal hook referenced in the Regulations. The Regulations show several enforcement‑adjacent mechanisms:

Monetary obligations and administrative enforcement (r.3; Schedule 1). The Regulations prescribe fees and rates for particular Act processes (r.3 and Schedule 1). These monetary prescriptions create enforceable payment obligations in the sense that the Act will typically condition the processing of an application, registration or other administrative act on payment of the prescribed fee. Where payment is required, the administrative apparatus (registrars) can refuse to register or proceed until the fee is paid. The Regulations set the amounts: for example, Schedule 1 lists $8,740.00 for s.31(1)(f) (item 1), $8,320.00 for s.34(1)(a) (item 2), etc. Regulation 3 also prescribes per‑page rates and fixed sums for certain sections (r.3(2), r.3(6)-(8)).

Ministerial approvals and discretionary refusal (r.5). Regulation 5 references the Minister’s approval in relation to dealings and related dealings (r.5(1)(j)(ii)). The Minister’s power to approve or not approve a dealing under the Act is a direct enforcement lever; a failure to obtain required Ministerial approval may render a dealing ineffective for registration purposes under the Act and thus subject to administrative correction or refusal. Regulation 5 supplies the particulars that must be presented for any application for approval to be considered.

Validity protections that limit enforcement avenues (r.11(4)). Regulation 11 expressly states that omission of an endorsement indicating AGD application on pre‑2000 instruments does not affect their validity (r.11(4)). That clause limits enforcement or nullification based on technical formalities, steering enforcement towards remedial endorsements where practicable rather than invalidation.

No penalties set out in the Regulations themselves. The Regulations do not set out fines, criminal sanctions, or administrative penalties within their provisions. They instead operationalise processes (fees, forms, particulars and datums) that support the Act’s broader enforcement framework. Therefore, any specific penalty for failing to lodge a prescribed form, failing to pay a prescribed fee, failing to comply with notice obligations or lodging false particulars will be those provided for in the Act (for example in the sections the Regulations reference: ss.17-19, s.72, s.75, s.144A and others). The Regulations make no independent claim about monetary penalties or disciplinary sanctions.

Indirect enforcement through registration mechanics. Because registration, transfer and approvals are governed by the Act and the Registrar’s processes, the primary enforcement mechanism for the Regulations’ duties will be administrative: refusal to process or register, conditional approvals, or placing entries on the Register that reflect non‑compliance. For example, an instrument that does not conform to the Schedule 2 form or lacks prescribed particulars under r.5 may be rejected or returned for completion. Similarly, failure to pay the fees set out in Schedule 1 will generally prevent the Registrar from proceeding with registration or other statutory acts that require payment.

Practical enforcement risks and compliance costs. The Regulations shift enforcement focus from criminal sanction to administrative gatekeeping and monetary requirements. That creates predictable compliance costs: entities must budget for fees and ensure full and accurate particulars to avoid rejections and delays. The datum prescriptions create a technical compliance risk: use of an incorrect datum or failure to convert AGD coordinates using the required NTV2 transformation (r.11(5)) could lead to a registrar query or refusal if coordinates are required by an application. The Regulations reduce the legal risk that older instruments will be invalidated for lack of endorsement (r.11(4)), but they raise operational risk where endorsements are “practicable” but omitted.

In summary, the Regulations enforce compliance primarily by conditioning administrative processing and imposing financial obligations. The Act itself must be consulted for criminal or express civil penalty provisions, because the Regulations do not replicate or expand those penalty regimes within their text. Administrative refusal, Ministerial approval powers and fee obligations are the practical enforcement levers reflected in the Regulations.

The Regulations explicitly reference and interoperate with a series of other legal instruments,both within Western Australian statute and Commonwealth law,creating technical cross‑references that have practical effects.

Interaction with the Petroleum and Geothermal Energy Resources Act 1967 (the Act). The Regulations are made under the Act and consistently reference specific Act provisions. Examples:

• Section 17(4), s.18, s.19: regulation 2 prescribes the timeframes for notices arising under these sections (r.2).
• Section 72(3)(a): regulation 4 prescribes the form of instrument of transfer for the purpose of this section (r.4).
• Section 75(4)(b): regulation 5 prescribes the particulars required for the registration of dealings under this provision (r.5).
• Section 81(2), s.137, s.137A, s.138: regulation 3 sets prescribed rates applicable to these sections (r.3).
• Section 144A(3): regulation 8 excludes specific imposts from the definition of “federal duty” for the purposes of this section (r.8).
• Section 8(1), s.27(4): regulations 9-11 prescribe datums relevant to these sections (r.9-11). The Regulations therefore function as implementing rules for multiple Act provisions and must be read in tandem with the Act.

Interaction with Commonwealth taxation and higher education laws. Regulation 8 explicitly references Commonwealth statutes and charges and excludes certain imposts from “federal duty” under s.144A(3) of the Act. The listed exclusions include:

• deductions from salary or wages as required under the Income Tax Assessment Act 1936 to enable collection by instalments (r.8(d));
• deductions from prescribed payments required under the Income Tax Assessment Act 1936 to enable tax collection (r.8(e));
• contributions under Part 4.2 of the Higher Education Funding Act 1988 (r.8(j)). The Regulations therefore require administrators to treat these Commonwealth imposts as outside the Act’s “federal duty” base, affecting duty calculations for petroleum dealings and transfers.

Reference to Commonwealth measurement and geodetic instruments. Regulation 10 prescribes the Geocentric Datum of Australia 2020 for s.8(1) purposes by defining “Geocentric Datum of Australia 2020” as the Reference Frame in the National Measurement (Recognized‑Value Standard of Measurement of Position) Determination 2017 (Commonwealth) clause 4 (r.10(1)-(2)). This creates a direct legal link requiring practitioners to use the Commonwealth Determination as the technical definition for GDA2020 coordinates recorded for Act purposes. Regulation 11(5) requires the NTV2 grid file transformation to convert AGD coordinates to GDA coordinates, thereby importing a specific technical conversion standard into the WA regulatory regime.

Interaction with Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025. Regulation 9 contains an express savings/expiry linkage: r.9(4) provides that regulation 9 ceases to have effect when regulations 15 and 16 of the Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025 come into operation. The compilation table identifies SL 2025/172 Pt.4 (Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025) with a commencement date of 3 October 2025. Regulation 10 was inserted by that same instrument (SL 2025/172 r.16), indicating a coordinated suite of amendments addressing which geodetic datum applies for petroleum and mines regulatory purposes.

Interaction with the Petroleum and Geothermal Energy Resources (Registration Fees) Act 1967. Regulation 5 makes repeated cross‑references to application of the Registration Fees Act (r.5(1)(f)-(h)) and the procedure for s.4(7) applications under that Act. These cross‑references tie the disclosure duties in the Regulations to the fee‑calculation framework in the Registration Fees Act.

Relationship to previous regulatory text. Several regulations and parts are explicitly deleted or noted as deleted (r.3A deleted; regs 6 and 7 deleted; r.12 transitional deletion of regulation 3 in a specified context). The compilation table in the Regulations documents numerous amending regulations and reprints. This shows that the Regulations must be read with their amendment history in mind; older versions of provisions (for example earlier datum prescriptions in r.9) have been superseded or scheduled to expire, and some fee heads have been reallocated across amending instruments.

Administrative practice and the Register. Regulation 5 requires detailed particulars for registration and mentions the Register and registration numbers where related dealings have been entered (r.5(1)(j)(iii)). This ties the Regulations to administrative practice and recordkeeping under the Act.

Practical effect of these interactions. The Regulations import Commonwealth technical standards (GDA2020 reference) and tax law concepts (Income Tax Assessment Act 1936 deductions, Higher Education Funding Act charges) into the WA petroleum regulatory framework. That reduces ambiguity about measurement standards and duty bases but increases interdependence: changes to Commonwealth determinations or tax law may have immediate practical effects on how WA administrators calculate duties and interpret coordinates. Practitioners must therefore consult both the Act and these external instruments where the Regulations reference them.

The Regulations include a comprehensive compilation table that lists multiple amendment instruments and their commencement dates. The amendment history demonstrates iterative updates to fees, datum prescriptions and other technical matters over decades. Key items from the compilation table and the Regulations’ marginal notes are:

• Origins and reprints. The original Petroleum Regulations 1987 were published 23 October 1987 and commenced the same day. Several reprints and reissues followed, including a reprint as at 4 May 2001 and reprint 2 as at 21 August 2009, and reprint 3 as at 1 February 2013. These reprints reflect consolidation points incorporating amendments up to the reprint date.

• 1990 amendments. The Petroleum Amendment Regulations 1990 (Gazette 28 Sep 1990) made multiple changes and introduced key provisions (some commenced 1 October 1990).

• 1994-2003 amendments. Amendments during the 1990s and early 2000s modified fees, datums and other technical matters. Notably, the Petroleum Amendment Regulations 1994 (Gazette 20 May 1994) inserted r.8 regarding taxes excluded from “federal duty” (r.8 inserted: Gazette 20 May 1994 p. 2124‑5).

• 2000 and 2002 updates. A suite of amendments around 2000 added definitions and datum details. Regulation 1A (Terms used) was inserted 15 December 2000 (Gazette 15 Dec 2000 p. 7213), establishing the AGD and GDA abbreviations used in the Regulations. Regulation 9 prescribing the GDA1994 and its technical parameters was inserted 15 December 2000 (r.9 inserted: Gazette 15 Dec 2000 p. 7213‑14).

• 2009 consolidation and deletions. The Petroleum Amendment Regulations 2009 (Gazette 23 Jun 2009 p. 2471‑4) made multiple amendments; some provisions (such as rr.6 and 7 and r.3A) were deleted as noted in the marginal notes.

• 2010-2015 fee and technical updates. Amendments in 2010-2015 adjusted fees and rates (r.3) and made other administrative changes. Regulation 12 (transitional provision) was inserted in 2015 (Gazette 30 Jun 2015 p. 2344).

• 2016-2024 fee adjustments. A series of instruments labelled Mines and Petroleum Regulations Amendment (Fees and Levies/Fees and Charges) between 2016 and 2024 (Pt. 11 in 2016, Pt. 15 in 2017 and 2018, Pt. 14 in 2019, Pt. 7 in 2020, Pt. 11 in 2021, Pt. 9 in 2022, Pt. 10 in 2023, Pt. 9 in 2024) updated fees and charges. The insertion of Schedule 1 heading and the SL 2024/97 r.19 amendment shows a recent re‑organisation and updating of fees.

• 2025 datum and definition updates. The Regulations were amended by SL 2025/172 (Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025) to insert regulation 10 (prescribing GDA2020) and amend r.1A and r.11 (SL 2025/172 r.14, r.16, r.17). The compilation table records SL 2025/172 Pt.4 published 2 Oct 2025 and commencing 3 Oct 2025. Regulation 9 was amended by SL 2025/172 r.15 to cease having effect on or after the commencement of regs 15 and 16 of that instrument (r.9(4)). This shows a coordinated transition from GDA1994 to GDA2020 in the regulatory scheme.

• Ad hoc deletions and replacements. The Regulations contain explicit deletions: regs 6 and 7 deleted (Gazette 23 Jun 2009); r.3A deleted (Gazette 23 Jun 2009). These deletions indicate that earlier fee or administrative provisions were superseded and consolidated into the current Schedule 1 and r.3 structure.

• Specific Schedule amendments. Schedule 1 was inserted or updated by SL 2024/97 r.19 and SL 2025/90 r.21. The Schedule lists itemised fees and shows it is periodically updated by the various fee‑and‑charges instruments identified in the compilation table.

Practical consequence of the amendment history. Multiple fee updates and datum changes across the years demonstrate an administrative practice of incremental technical change and cost realignment. Practitioners should consult the latest consolidated version of the Regulations and the compilation table to confirm current fee amounts and datum prescriptions before lodging applications or transfers. The insertion of GDA2020 and the scheduled sunset of older datum prescriptions reflect technological and measurements practice updates being implemented via subordinate legislation.

The Regulations’ text and the compilation table do not record any litigation history. The instrument does not name cases nor indicate decisions interpreting these Regulations. The compilation table and marginal notes list only amending regulations, commencement dates and reprints. There are no references in the provided text to court judgments, tribunal decisions or reported cases construing the Regulations or their specific provisions.

Implication for practitioners. The absence of litigation references in the Regulations means there is no case law provided within this instrument to clarify contested points such as the interpretation of the prescribed particulars in r.5, the effect of the AGD endorsement requirement in r.11(4), or the scope of the federal duty exclusions in r.8. Where interpretative disputes arise, practitioners will need to consult the parent Act, administrative practice guidance from the Department/Registry (if any), and any relevant case law external to these Regulations that interprets the Act and its delegated legislation. Because the Regulations reference technical matters (for example datum conversion methods and the NTV2 grid file), technical standards and surveying practice may inform tribunal or court interpretation if a dispute reaches adjudication.

Records and searches. To establish litigation history, one would normally search judicial decisions, tribunal determinations and administrative review records that interpret s.17-19 notice requirements, s.72 transfer formalities, s.75 registration requirements, and federal duty calculations under s.144A. That material is outside the present Regulations text. The Regulations themselves do not provide contextual precedent or a litigation digest.

What is visible in the instrument. The Regulations preserve instruments’ validity where endorsements are omitted (r.11(4)), which was a legislative choice likely designed to limit technical invalidity challenges. If litigation arises over instrument validity, that clause will be directly relevant. Similarly, fee and rate prescriptions (r.3 and Schedule 1) are concrete and likely to feature in disputes about whether fees paid were correct or whether a registrar properly refused an application for non‑payment. However, no cases or tribunal findings appear in this text.

Practical advice. In the absence of litigation referenced in the Regulations, practitioners should:

• Use the Regulations’ text and the parent Act as the primary legal sources;
• Seek administrative guidance from the Department/Registry where processes or form questions arise;
• Check judicial databases for decisions on the Act and its regulatory framework outside this instrument; and
• Treat r.11(4)’s non‑fatality rule for AGD endorsements as a statutory bar to a narrow technical challenge while recognising that other grounds for contesting instrument validity may survive.

The Regulations are compact but contain several technical traps and transitional wrinkles that can create operational risk if overlooked. These are the concrete "gotchas" drawn directly from the text.

Three‑month notice windows are short and calculated from notice dates (r.2). Regulation 2 fixes a three‑month period for notices under s.17, s.18 and s.19 counted from the day the relevant notice is given (r.2(a)-(c)). Practitioners often assume “reasonable” or longer periods; the Regulations specify three months. Parties must therefore be ready to act within that tight window for serving or responding to notices about operations, injury or further damage. Missing the period could foreclose administrative remedies or claims under those sections.

Fees and rates change and are specific to a section (r.3; Schedule 1). The Regulations put specific dollar amounts against particular Act sections. The Schedule is not a general fee scale; each fee relates to a named Act provision (Schedule 1 items 1-19). Practitioners must check the exact provision before applying the fee amount. Also, the compilation table shows frequent fee amendments by separate instruments (SL 2024/97; SL 2025/90, etc.), so relying on memory or an outdated fee table risks underpayment and rejection.

Per‑page rate distinct from other fees (r.3(2); Schedule 1 item 16). Regulation 3(2) prescribes $149.00 per page for s.81(2). This is a per‑page rate distinct from flat fees in Schedule 1; failure to apply the per‑page multiplier may lead to incorrect invoicing.

Form of transfer is mandated (r.4; Schedule 2). The Regulations require the use of the Schedule 2 transfer form for s.72(3)(a) transfers (r.4). Parties cannot substitute an alternative transfer document without risking non‑compliance with registration technicalities. Schedule 2 also requires insertion of consideration value if relevant (Schedule 2 clause (4)), which interacts with fee calculations under the Registration Fees Act as referenced in r.5(1)(f)-(g).

Extensive particulars required for registration (r.5). Regulation 5 requires detailed information about related dealings and prior instruments (r.5(1)(j)), including prior approval dates and registration numbers. Failure to identify related dealings or to declare options and prior assignments can result in incomplete lodgement and administrative rejection. The definition of “related dealing” in r.5(2) is broad, capturing any earlier transaction by some or all parties that affects the title, creates or assigns options, rights to enter, or is altered/terminated by the present dealing. Practitioners must conduct thorough pre‑lodgement due diligence to identify related dealings.

Federal duty exclusions narrow the base but require correct identification (r.8). Regulation 8 excludes listed imposts from the definition of “federal duty” in s.144A(3) (r.8(a)-(j)). Misidentifying whether a particular impost is excluded could lead to overpayment of duty or disputes. For instance, deductions for salary instalments under the Income Tax Assessment Act 1936 are excluded (r.8(d)), but the practical question of how such instalments were applied in a specific transaction may be contested.

Datum transition: older instruments, endorsement expectation and conversion method (rr.9-11). The Regulations reflect a multi‑datum environment:

• r.11(4) directs that instruments executed before 16 December 2000 that reference AGD are to be endorsed “if it is practicable” with a statement that AGD applied, but states that omission of such a statement does not affect the instrument’s validity. Practitioners might misread this as optional; the endorsement is recommended if practicable and may be required for administrative clarity, but its absence cannot be used to invalidate the instrument.
• r.11(5) mandates the NTV2 grid file transformation for AGD→GDA conversions. Using any other conversion method risks technical disputes and registrar queries.
• r.9(4) indicates that the GDA1994 prescription ceases when specified provisions of the Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025 commence. The co‑existence of r.9, r.10 and r.11 during transitional periods can cause confusion about which datum to use for a particular instrument unless the practitioner checks commencement dates and the instrument being executed.

Regulation cross‑references to other Acts require external checks (r.8, r.10). For example, r.10 defines GDA2020 by reference to a Commonwealth Determination. Practitioners must consult that Determination to understand the precise technical specification being imported. Likewise, r.8 references the Income Tax Assessment Act 1936 and the Higher Education Funding Act 1988 to identify excluded imposts. The Regulations therefore require practitioners to look beyond WA legislation to understand the full legal context.

Deleted provisions and transitional deletions can cause confusion (r.12). Regulation 12 deletes regulation 3 for the specific purposes of Schedule 2 clause 3(4) of the Act. Without careful reading, parties may rely on outdated versions of regulation 3 or fail to account for transitional arrangements. The compilation table lists many amendments and reprints; relying on an older reprint risks missing deletions such as rr.6 and 7 or r.3A.

Registration numbers and related dealings timing (r.5(1)(j)). Related dealings must be disclosed “whether before or after the day fixed under section 2(1) of the Acts Amendment (Petroleum) Act 1990” (r.5(1)(j)). This cross‑temporal reference creates a complexity: practitioners need to check whether their dealing is treated as a related dealing for historic lodgements and consult the Register for prior registration numbers; historical searches may be necessary.

Practical “gotcha” summary. The most immediate practical traps are: missing the three‑month notice window (r.2); applying incorrect fees or failing to account for per‑page charges (r.3; Schedule 1); lodging incomplete particulars or failing to disclose related dealings (r.5); using the wrong datum or conversion method (rr.9-11); and assuming deleted provisions are still effective (r.12 and compilation notes). Each of these can produce administrative delay or refusal of registration and, in the case of financial mis‑calculations, unexpected monetary costs.

Compliance with the Regulations requires attention to procedural detail, fees, form content and technical standards. The steps below extract practical actions from the relevant regulatory provisions.

1. Track which datum applies to your instrument and convert coordinates correctly (rr.9-11).

• If your instrument requires coordinates under s.8(1), use the currently prescribed datum: GDA2020 as prescribed by r.10(2) and defined by the National Measurement (Recognized‑Value Standard of Measurement of Position) Determination 2017 (r.10(1)).
• For instruments historically referencing AGD (pre‑16 December 2000), endorse the instrument with a statement that AGD applied where it is practicable to do so (r.11(4)). Even if you do not endorse, know that omission does not affect validity, but endorsement facilitates administrative clarity.
• When converting AGD coordinates to GDA coordinates, use the NTV2 grid file transformation as mandated by r.11(5). Ensure your surveying provider or GIS software applies NTV2.

2. Observe the three‑month notice deadlines (r.2).

• For s.17 notices (title‑holder to owner/occupier prior to operations), serve the notice and note the date: the prescribed time is three months from that day (r.2(a)).
• For s.18 notices (owner/occupier alleging injury/depreciation), serve notice to the permittee or title‑holder within three months from the day the owner/occupier gives notice (r.2(b)).
• For s.19 further damage notices, act within three months from the day the owner/occupier gives notice (r.2(c)).
• Record served dates and keep proof of delivery to avoid disputes about whether the three‑month window has been met.

3. Prepare and lodge the prescribed particulars for registration (r.5).

• Compile the full set of particulars listed in r.5(1)(a)-(j): instrument description and execution date; title type and number; full names and business addresses; effects of registration per s.75(1); interests before and after registration; values for fee calculation where the Registration Fees Act applies; whether a s.4(7) application has been or will be made; and related dealings particulars including prior instrument descriptions, approval dates and registration numbers.
• Conduct a thorough search of the Register and internal records to identify all related dealings as per the r.5(2) definition. Related dealings include earlier transactions that create or assign options or rights to enter into the present dealing or that are altered/terminated by it.
• If the dealing relates to fee calculations under the Registration Fees Act, ensure values are accurate and that any s.4(7) applications are lodged as necessary.

4. Use the mandatory transfer form for transfers under s.72(3)(a) (r.4; Schedule 2).

• Complete Schedule 2’s prescribed transfer form exactly: include transferor/transferee names and addresses, the title description and number, the consideration value or title value if required (Schedule 2 clause (4)), and affix common seals or signatures dated as required (Schedule 2 clauses (6)-(7)).
• Do not substitute an alternative transfer deed for the purposes of s.72(3)(a) without confirming that the Act or Registrar accepts it; the Regulations prescribe this form for that Act provision.

5. Pay the correct fees and rates (r.3; Schedule 1).

• Identify which Act provision your application or process invokes and apply the prescribed fee or rate in Schedule 1 or r.3. For example, confirm whether your transaction triggers Schedule 1 item 1 (s.31(1)(f) at $8,740.00) or another heading.
• For s.81(2) documents, apply the per‑page rate of $149.00 under r.3(2).
• For s.137(b), s.137A and s.138, apply the amounts specified in r.3(6)-(8).
• Confirm the current fee schedule against the latest consolidated Regulations and the compilation table,fees have changed across amending instruments (SL 2024/97; SL 2025/90 etc.). Check that the Schedule 1 used is the current version.

6. Be cautious about federal duty base calculations (r.8).

• Where federal duty under s.144A(3) is relevant, exclude the imposts listed in r.8(a)-(j) from the federal duty base: taxes included in purchase prices, departure tax, fringe benefits tax, PAYG instalment deductions under the Income Tax Assessment Act 1936, customs import duty, aircraft landing charges, training guarantee charge, superannuation guarantee charge, and certain higher education contribution payments.
• Record how you have treated each item in the duty calculation, because misclassification could result in disputes or additional payment demands.

7. Address related dealings and Ministerial approvals early (r.5).

• If a dealing requires Ministerial approval under the Act, identify and lodge the approval application in advance. Regulation 5 requires particulars of related dealings and Minister approval dates where appropriate (r.5(1)(j)(ii)-(iii)).
• Where an entry has been made in the Register for a related dealing, include the registration number in the particulars (r.5(1)(j)(iii)).

8. Keep contemporaneous records and evidence.

• Evidence of notice service dates, executed instruments, signed transfer forms, fee payment receipts and coordinate conversion reports (including the NTV2 file used) will be critical if a registrar queries the lodgement or if a dispute arises. The Regulations prescribe dates, forms and conversions; documentary proof demonstrates compliance.

9. Monitor commencement and amendment dates.

• The Regulations reference transitional rules and schedules that have changed over time (r.12; compilation table). Before acting, verify the commencement date of any amendment (for example SL 2025/172 Pt.4 and the date on which r.9 ceases to have effect per r.9(4)). Administrative practice will follow the current consolidated instrument.

10. Seek specialist advice for complex transactions.

• When value‑sensitive fees, multiple related dealings, or cross‑jurisdictional tax issues are present (for example where Commonwealth imposts are in question), obtain legal and accounting advice to ensure the correct fee base and duty treatment. For spatial and surveying issues, use a surveyor experienced with NTV2 conversions and GDA2020 coordinates.

Following these concrete steps will align lodgements, transfers and registration applications with the Regulations’ formal requirements, reduce the risk of rejection or delay, and ensure that datum and duty calculations meet the prescriptive standards set out in the Regulations.