Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015
Part 10Transitional provisions
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Division 1 — Required information: permittee or holder of drilling reservation
Division 2 — Required information: lessee
Division 3 — Required information: licensee
Schedule 3 — Field management plan
Schedule 4 — Geothermal energy recovery development plan
Schedule 5 — Daily well activity report
Schedule 6 — Final well activity data
Schedule 7 — Final well activity report
Schedule 8 — Well completion data
Schedule 9 — Well completion report
Schedule 10 — Weekly survey report
Schedule 11 — Survey acquisition data
Division 1 — Seismic surveys
Division 2 — Other surveys
Schedule 12 — Survey acquisition report
Schedule 13 — Processed survey data
Division 1 — 2D seismic surveys
Division 2 — 3D seismic surveys
Division 3 — Other surveys
Schedule 14 — Survey processing report
Schedule 15 — Interpretative survey data
Schedule 16 — Survey interpretation report
Schedule 17 — Monthly production report
Division 1 — Information for petroleum licensee
Division 2 — Information for geothermal licensee
Notes
Compilation table 118
Defined terms
Petroleum and Geothermal Energy Resources Act 1967
Part 1 — Preliminary
1. Citation
These regulations are the *Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015*.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette (gazettal day);
(b) Part 9 — on the day on which the Petroleum and Energy Legislation Amendment Act 2010 section 57 comes into operation;
(c) the rest of the regulations — on the day after gazettal day.
3. Objects of regulations
The objects of these regulations are —
(a) to ensure that operations relating to the exploration for petroleum or geothermal energy resources, or the recovery of petroleum or geothermal energy, in the State are —
(i) carried out in a proper and workmanlike manner and, in the case of operations relating to the exploration for or recovery of petroleum, in accordance with good oil‑field practice; and
(ii) compatible with the optimum long‑term recovery of petroleum and geothermal energy; and
(iii) carried out in a way that reduces the risk of aquifer contamination;
and
(b) to ensure that the Minister is informed, in a timely and consistent manner, of —
(i) the exploration for petroleum or geothermal energy resources; and
(ii) the discovery of petroleum or geothermal energy resources; and
(iii) the appraisal of discoveries; and
(iv) operations relating to the recovery of petroleum or geothermal energy; and
(v) the results of those operations;
and
(c) to provide a framework for encouraging the adequate collection, retention and timely dissemination of petroleum and geothermal energy resources data; and
(d) to assist in ensuring the adequacy of the data acquired; and
(e) to allow for the efficient management of data confidentiality and the disclosure of data on completion of the relevant confidentiality periods.
4. Terms used
In these regulations, unless the contrary intention appears —
approved field management plan means a field management plan that has been approved under regulation 44 and includes such a plan as revised from time to time under regulation 51;
approved well management plan means a well management plan that has been approved under regulation 13 and includes such a plan as revised from time to time under regulation 21;
drilling activity includes exploratory drilling, production drilling, appraisal drilling and well drilling;
each well activity, in relation to a well management plan, means each well activity to which the plan relates;
field, in relation to an approved field management plan, means an area within a title area that is subject to the plan;
instrument means any of the following —
(a) a title;
(b) a special prospecting authority;
(c) an access authority;
(d) an instrument of consent under section 116 of the Act;
instrument area means any of the following —
(a) a title area;
(b) an area in respect of which a special prospecting authority is in force;
(c) an area in respect of which an access authority is in force;
(d) an area to which an instrument of consent under section 116 of the Act applies;
instrument holder means any of the following —
(a) a title holder;
(b) the registered holder of a special prospecting authority;
(c) the registered holder of an access authority;
(d) the person specified in an instrument of consent under section 116 of the Act;
integrity, in relation to a well, means that the well bore —
(a) is under control, in accordance with an approved well management plan; and
(b) is able to contain reservoir fluid; and
(c) is subject only to risks that have been reduced to a level that is as low as reasonably practicable;
produced formation material means natural fluid or other natural material (for example, rock or sand) recovered from a well;
requirement, in relation to an approved field management plan or an approved well management plan, includes any condition to which the approval of the plan, or any revision of the plan, is subject;
survey means a geochemical survey, a geological survey, or a geophysical survey, the data from which is intended for use in —
(a) the exploration for petroleum or geothermal energy resources; or
(b) the appraisal of a discovery of petroleum or geothermal energy resources; or
(c) the recovery of petroleum or geothermal energy;
title means any of the following —
(a) a permit;
(b) a drilling reservation;
(c) a lease;
(d) a licence;
title area means any of the following —
(a) a permit area;
(b) the area constituted by the blocks that are the subject of a drilling reservation;
(c) a lease area;
(d) a licence area;
title holder means any of the following —
(a) a permittee;
(b) the registered holder of a drilling reservation;
(c) a lessee;
(d) a licensee;
treatment material means fluid or other material introduced into a well for the purposes of operations carried out under a title and includes the following —
(a) drilling fluid;
(b) drilling mud;
(c) stimulation fluid;
(d) fracturing fluid;
underground formation includes a natural underground reservoir;
well activity means an activity relating to a well that is carried out during the life of the well;
well integrity hazard means an event that may —
(a) compromise the integrity of a well; or
(b) involve a risk of damage to —
(i) an underground formation that contains petroleum or geothermal energy resources; or
(ii) an aquifer; or
(iii) any other part of the environment;
workover operation means a remedial operation for the purposes of maintaining or adjusting production from a well.
Part 2 — Surveys
5. Requirement for approval of survey
(a) the instrument holder undertakes a survey in an instrument area; and
(b) the instrument holder does not have the approval of the Minister under regulation 9 to undertake the survey.
6. Application for approval of survey
(1) An instrument holder may apply to the Minister for approval to undertake a survey.
(2) The application —
(b) must include the following information —
(i) the instrument number (if available);
(ii) the type of survey;
(iii) the purpose of the survey;
(iv) the proposed name of the survey;
(v) the proposed distance or area to be covered by the survey;
(vi) the proposed start date for the survey;
(vii) the estimated duration of the survey;
(viii) details of the energy source to be used for the survey;
(ix) the name and address of the person conducting the survey if that person is not the instrument holder;
(x) the name and contact details of the person who will have responsibility for communications with the Minister regarding the survey;
(xi) details of anything the instrument holder is aware of that is likely to prevent the instrument holder from complying with the requirements of regulation 76(2)(b) in relation to the survey;
and
(c) must be accompanied by a cadastral map in a form approved by the Minister showing details of existing land tenure in the area where the survey is to be undertaken.
7. Time for making application
(1) Unless subregulation (2) applies, an application under regulation 6(1) must be made at least 30 days before the proposed start date for the survey.
(2) If an application under regulation 6(1) relates to a survey that is to be undertaken in an area that is or includes land reserved, declared or otherwise dedicated under the Land Administration Act 1997 or any other written law, the application must be made at least 90 days before the proposed start date for the survey.
8. Minister may request more information
(1) If an instrument holder makes an application under regulation 6(1), the Minister may ask the instrument holder to provide further written information about the proposed survey.
(2) A request under subregulation (1) must be in writing and describe the information that is requested.
9. Decision on application
(1) As soon as practicable after the Minister is satisfied that there is enough information to make a decision on an application under regulation 6(1), the Minister must decide whether to give or refuse approval.
(2) The Minister may give approval subject to conditions.
(3) As soon as practicable after making a decision under subregulation (1), the Minister must give the instrument holder written notice of the decision specifying —
(a) if the decision is to give approval —
(i) the date on which the approval takes effect; and
or
(b) if the decision is to refuse approval — the reasons for the decision.
(4) An approval takes effect on the date specified in respect of the approval under subregulation (3)(a)(i).
Part 3 — Management of well activities
Division 1 — Well management plan
Subdivision 1 — Requirements relating to approved well management plan
10. Requirement to have approved well management plan
(1) A title holder commits an offence if —
(a) the title holder undertakes a well activity in a title area; and
(b) the title holder does not have an approved well management plan in force for undertaking that activity in that area.
(a) there is an emergency in which there is a likelihood of any of the following —
(i) injury;
(ii) significant discharge of fluids from the well;
(iii) damage to —
(I) an underground formation that contains petroleum or geothermal energy resources; or
(II) an aquifer; or
(III) any other part of the environment;
and
(b) the title holder undertakes a well activity to avoid the injury, discharge or damage; and
(c) as soon as practicable, but in any case within 2 hours, after becoming aware of the emergency, the title holder gives the Minister oral or written notice of the emergency; and
(d) as soon as practicable, but in any case within 3 days, after becoming aware of the emergency, the title holder gives the Minister written notice of the well activity undertaken.
11. Requirement to undertake well activity in accordance with approved well management plan
(1) A title holder commits an offence if —
(a) the title holder undertakes a well activity in a title area; and
(b) the well activity is regulated by one or more requirements of an approved well management plan in force for the title area; and
(c) the title holder does not undertake the well activity in accordance with a requirement of the plan for the activity.
(a) there is an emergency in which there is a likelihood of any of the following —
(i) injury;
(ii) significant discharge of fluids from the well;
(iii) damage to —
(I) an underground formation that contains petroleum or geothermal energy resources; or
(II) an aquifer; or
(III) any other part of the environment;
and
(b) the title holder undertakes a well activity to avoid the injury, discharge or damage; and
(c) as soon as practicable, but in any case within 2 hours, after becoming aware of the emergency, the title holder gives the Minister oral or written notice of the emergency; and
(d) as soon as practicable, but in any case within 3 days, after becoming aware of the emergency, the title holder gives the Minister written notice of the well activity undertaken.
Subdivision 2 — Obtaining approval of well management plan
12. Application for approval of well management plan
(1) A title holder may apply to the Minister for approval of a well management plan.
(2) The application —
(b) must be made —
(i) at least 30 days before the proposed start of any well activity to which the plan relates; or
(ii) if the Minister, in writing, allows another period — within that period;
and
(c) must be accompanied by the well management plan.
(3) The well management plan —
(b) may apply to well activities for more than one well; and
(c) may be submitted, with the written permission of the Minister, in parts for particular stages of a well activity.
13. Decision on well management plan
(1) Within 30 days after a title holder makes an application under regulation 12(1) for approval of a well management plan, the Minister must —
(a) approve the plan, or one or more parts of the plan, as a well management plan; or
(b) refuse to approve the plan; or
(c) give the title holder a written notice stating that the Minister is unable to make a decision without further assessment of the plan.
(2) The approval of one or more parts of a well management plan is taken to be the rejection of any other parts of the well management plan that are not approved by the Minister.
(3) A notice given under subregulation (1)(c) must specify —
(a) any further information the Minister requires to be included in the plan; and
(b) the date after which the Minister will commence further assessment of the plan.
(4) The date specified under subregulation (3)(b) must give the title holder a reasonable opportunity to modify or resubmit the plan.
(5) After commencing further assessment of the plan, the Minister may on one or more occasions give the title holder a written notice requiring the title holder —
(a) to provide further information to the Minister; or
(b) to modify or resubmit the plan,
on or before a date specified in the notice.
(6) A date specified under subregulation (5) must give the title holder a reasonable opportunity to provide the information or to modify or resubmit the plan, as the case requires.
(7) As soon as practicable after completing further assessment of the plan, the Minister must —
(a) approve the plan, or one or more parts of the plan, as a well management plan; or
(b) refuse to approve the plan.
(8) The Minister may approve the plan subject to conditions.
14. Notice of decision
As soon as practicable after deciding to approve or refuse to approve a well management plan or to approve one or more parts of a well management plan, the Minister must give the title holder written notice of the decision specifying —
(a) if the decision is to approve the plan or one or more parts of the plan —
(i) the date on which the plan takes effect; and
or
(b) if the decision is to refuse to approve the plan or one or more parts of the plan — the reasons for the decision.
15. Date on which well management plan takes effect
If the Minister approves a well management plan, or one or more parts of a well management plan, the plan takes effect on the date specified in respect of the plan under regulation 14(a)(i).
16. Criteria for approval of well management plan
(1) The Minister must approve a well management plan under regulation 13(1)(a) or (7)(a) if the Minister is satisfied that —
(a) the plan includes the information required under regulation 17(1); and
(b) the plan is appropriate for the nature and scale of each well activity; and
(c) the plan shows that the risks identified by the title holder in relation to each well activity will be managed —
(i) in accordance with sound engineering principles, codes, standards and specifications; and
(ii) if the activity relates to exploration for or the recovery of petroleum, in a manner that is consistent with good oil‑field practice;
and
(d) the way that each well activity will be carried out —
(i) will not result in the occurrence of any significant new detrimental risk to or effect on that activity or any other well activity to which the plan relates; and
(ii) will not result in any significant increase in a detrimental risk to or effect on that activity or any other well activity to which the plan relates that already exists.
(2) The Minister must not approve a well management plan if the Minister is not satisfied that the plan meets the requirements of subregulation (1).
17. Content of well management plan
(1) A well management plan must include the information listed in Schedule 1.
(2) A well management plan may include any other information that the title holder believes is relevant.
18. Status of well management plan
(1) If the Minister has given a title holder permission to submit a well management plan in parts —
(a) the first part of the plan that the Minister approves is taken to be an approved well management plan in its own right; and
(b) a part that is given to the Minister after that approval is taken to be a revision to which Subdivision 3 applies.
(2) If the Minister approves one or more parts of a well management plan —
(a) the part of the plan that the Minister approves is taken to be an approved well management plan in its own right; and
(b) a part that is given to the Minister after that approval is taken to be a revision to which Subdivision 3 applies.
(3) If the Minister approves a well management plan as a replacement for an approved well management plan, the previous approved well management plan ceases to have effect.
Subdivision 3 — Revision of well management plan
19. Application for approval of revision of well management plan
(1) A title holder may apply to the Minister for approval of a revision of an approved well management plan.
(2) The application must be accompanied by the proposed revision.
20. Application for approval of revision required in certain circumstances
A title holder must make an application under regulation 19(1) for approval of a revision if any of the following circumstances exists —
(a) a change in the understanding of the geology or underground formation that may have a significant impact on the integrity of a well or a well activity to which the approved well management plan relates;
(b) the occurrence or potential occurrence of a significant new detrimental risk to or effect on the integrity of a well or a well activity to which the approved well management plan relates;
(c) a significant increase in a detrimental risk to or effect on the integrity of a well or a well activity to which the approved well management plan relates.
21. Decision on application for approval of revision
(1) Within 30 days after an application is made under regulation 19(1) in respect of a revision, the Minister must —
(a) approve the revision if the approved well management plan as revised would meet the requirements of regulation 16(1); or
(b) refuse to approve the revision; or
(c) give the title holder a written notice stating that the Minister is unable to make a decision without further assessment of the revision.
(a) any further information the Minister requires to be included in the revision; and
(b) the date after which the Minister will commence further assessment of the revision.
(3) The date specified under subregulation (2)(b) must give the title holder a reasonable opportunity to modify or resubmit the revision.
(4) If the Minister undertakes further assessment of the revision, the Minister must approve or refuse to approve the revision as soon as practicable after that further assessment.
(5) The Minister may approve the revision subject to conditions.
22. Notice of decision
As soon as practicable after deciding to approve or refuse to approve a revision, the Minister must give the title holder written notice of the decision specifying —
(a) if the decision is to approve the revision —
(i) the date on which the revision takes effect; and
or
(b) if the decision is to refuse to approve the revision — the reasons for the decision.
23. Date on which revision takes effect
If the Minister approves a revision of an approved well management plan, then, on the date specified in respect of the revision under regulation 22(a)(i), the plan as revised replaces the existing approved well management plan as the plan in force for the relevant well activity.
24. Revision required by Minister
The Minister may give a title holder a written notice —
(a) advising the title holder that the Minister requires the title holder to revise an approved well management plan as set out in the notice; and
(b) setting out the technical grounds for requiring the revision; and
(c) identifying the proposed date of effect of the revision; and
(d) identifying the proposed date by which the title holder must submit the revision to the Minister; and
(e) advising the title holder of the effect of regulation 25.
25. Objection to requirement to revise approved well management plan
(1) If the Minister gives a title holder a notice under regulation 24, the title holder may make an objection, in writing, to the Minister —
(a) stating one or more of the following —
(i) that the revision should not occur;
(ii) that the revision should be in terms different from the proposed terms;
(iii) that the revision should take effect on a date later than the proposed date;
(iv) that the date by which the title holder must submit the revision should be later than the proposed date;
and
(b) giving reasons for the objection.
(2) The title holder must make the objection within —
(a) 21 days after receiving the notice; or
(b) if the Minister, in writing, allows a longer period — that period.
26. Decision on objection
(1) Within 30 days after a title holder makes an objection under regulation 25, the Minister must decide whether to accept or reject the objection.
(2) As soon as practicable after making the decision, the Minister must give the title holder written notice of the decision specifying —
(a) if the decision is to accept the objection —
(i) whether the original notice given under regulation 24 is varied or withdrawn; and
(ii) if the original notice is varied — the requirements of that notice as varied;
or
(b) if the decision is to reject the objection — the reasons for the decision.
27. Title holder required to comply with notice
(1) This regulation applies if the Minister gives a title holder a notice under regulation 24.
(2) The title holder must comply with the requirements of the notice unless the notice is varied or withdrawn under regulation 26.
(3) If the notice is varied under regulation 26, the title holder must comply with the requirements of the notice as varied.
Subdivision 4 — Termination of well management plan
28. Termination of well management plan
An approved well management plan ceases to be in force at the earliest of the following —
(a) when the title holder withdraws the plan;
(b) when the Minister approves another well management plan that replaces the plan;
(c) when the Minister withdraws approval of the plan under Subdivision 5;
(d) at the end of the period of 5 years starting on the date on which the plan takes effect, whether or not the plan has been revised since being approved.
Subdivision 5 — Withdrawal of approval of well management plan
29. Reasons for withdrawal of approval
The Minister may withdraw approval of a title holder’s well management plan if —
(a) the title holder has not complied with the Act, this Part or a direction given under section 95 of the Act; or
(b) the title holder has not complied with the plan; or
(c) the Minister is satisfied for any other reason that approval of the plan should be withdrawn.
30. Notice of proposal to withdraw approval
(1) If the Minister believes it may be necessary to withdraw approval of a well management plan, the Minister must, at least 30 days before the Minister would withdraw approval —
(a) give the title holder a written notice stating that the Minister is considering the withdrawal of approval; and
(b) include in the notice —
(i) an explanation of the reasons why the Minister is considering the withdrawal of approval; and
(ii) a date by which the title holder may give the Minister any information that the title holder wants the Minister to take into account before deciding whether to withdraw approval; and
(iii) any other information that the Minister considers appropriate.
(2) The Minister may give a copy of the notice to a person other than the title holder if the Minister considers it appropriate to do so.
(3) If the Minister gives a copy of the notice to a person other than the title holder, the Minister must notify the title holder in writing that the Minister has done so.
31. Decision to withdraw approval
(1) If the Minister gives a title holder a notice under regulation 30(1), the Minister must, as soon as practicable after the date mentioned in regulation 30(1)(b)(ii) has passed —
(a) withdraw approval of the well management plan; or
(b) decide not to withdraw approval of the plan.
(2) The Minister must not withdraw approval unless the Minister —
(a) has taken any information given under regulation 30(1)(b)(ii) into account; and
(b) is satisfied that a reason mentioned in regulation 29 exists.
(3) As soon as practicable after making a decision under subregulation (1), the Minister must give the title holder written notice of the decision.
(4) If the decision is to withdraw approval, the notice under subregulation (3) must specify —
(a) the date on which the withdrawal of approval takes effect; and
(b) the reasons for the decision.
32. Relationship between withdrawal and other provisions
(1) The Minister may withdraw approval of a title holder’s well management plan, even if the title holder has been convicted of an offence, because of a failure to comply with a provision of the Act, these regulations or other regulations made under the Act.
(2) If the Minister withdraws approval of a title holder’s well management plan, the withdrawal does not prevent the title holder from being convicted of an offence because of a failure to comply with a provision of the Act, these regulations or other regulations made under the Act.
Division 2 — Control of hazards and risks
33. Requirement to control well integrity hazard or risk
A title holder commits an offence if —
(a) the title holder is operating a well in a title area; and
(b) either —
(i) a well integrity hazard has been identified for the well; or
(ii) there has been a significant increase in an existing risk for the well;
and
(c) the title holder does not control the well integrity hazard or risk.
Part 4 — Discovery assessment reports
34. Application of Part
This Part applies to a title holder who is required, under section 44 or 48J of the Act, to furnish to the Minister particulars of a discovery.
35. Minister may request additional information for discovery assessment report
(1) The Minister may, within 7 days after receiving particulars of the discovery from the title holder, ask the title holder in writing to include additional information about the discovery in the discovery assessment report to be provided by the title holder under regulation 36.
(2) The request must specify the information sought and the reasons for the request.
(3) After receiving the request, the title holder may give the Minister a written statement that —
(a) the information is not within the title holder’s knowledge; or
(b) the title holder is unable to obtain the information.
(4) If the Minister is satisfied (whether or not because of a statement under subregulation (3)) that the title holder cannot comply with the request because —
(a) the information is not within the title holder’s knowledge; or
(b) the title holder is unable to obtain the information,
the Minister must, as soon as practicable, give the title holder a written notice withdrawing the request.
36. Requirement to provide discovery assessment report
discovery assessment report means a report that includes the following information —
(a) the title area in which the discovery was made;
(b) a preliminary estimate of the location and areal extent of the petroleum pool or geothermal resources area;
(c) details of the geological structure or underground formation in which the petroleum is located or the geothermal energy resources are located;
(d) the results of all assessments of the discovery;
(e) if the rate or quantity of production of petroleum and water, or geothermal energy and water, from the well that resulted in the discovery has been determined — that rate or quantity;
(f) the data used to estimate the quantity of petroleum in the petroleum pool or the quantity of geothermal energy resources in the geothermal resources area;
(g) a preliminary estimate of the quantity of recoverable petroleum in the petroleum pool or the quantity of recoverable geothermal energy in the geothermal resources area;
(h) details of the title holder’s plans for further evaluation of the discovery, including the work that the title holder proposes to carry out in the title area in the next 12 months from the date of the report;
(i) if the Minister has issued a request to the title holder under regulation 35 and the request has not been withdrawn — the information specified in the request.
(2) The title holder must give the Minister a discovery assessment report for the title area within —
(a) 90 days after the date of the discovery; or
(b) if the Minister authorises the title holder to give the report within another period — the other period.
Part 5 — Annual assessment reports
37. Requirement to provide annual assessment report
(1) A title holder must give the Minister a report (an annual assessment report) providing the required information for each year of a term of the title, within —
(a) 30 days after the day on which the year of the term ends; or
(b) if the Minister authorises the title holder to give the annual assessment report within another period — the other period.
(2) For the purposes of subregulation (1), the required information is —
(a) in the case of a permittee or holder of a drilling reservation — the information listed in Schedule 2 Division 1; or
(b) in the case of a lessee — the information listed in Schedule 2 Division 2; or
(c) in the case of a licensee — the information listed in Schedule 2 Division 3.
(3) An annual assessment report may include any other information that the title holder believes is relevant to the title.
38. Reports may be combined
A title holder with more than one title may combine the annual assessment reports into a single document with the written agreement of the Minister.
39. Assessment report for part of year
(1) This regulation applies if —
(a) a title ceases to be in force (whether because the title has expired or because the title has been surrendered, cancelled, revoked or terminated); and
(b) the term of the title was not a whole number of years.
(2) The Minister may, by written notice, require the title holder to give an assessment report to the Minister for the period at the end of the term that was not a year of the term.
(3) The notice must specify —
(a) the information that must be provided in the report; and
(b) the date by which the report must be given.
(4) For the purposes of subregulation (3)(a), only information that would be required from the title holder in an annual assessment report under regulation 37(1) may be specified.
(5) For the purposes of subregulation (3)(b), the date must be at least 30 days after the day on which the notice is given.
(6) A title holder must comply with a notice given to the title holder under subregulation (2).
Penalty for an offence under this subregulation: a fine of $10 000.
Part 6 — Field management plans for petroleum recovery
40. Terms used
licence means a petroleum production licence;
licence area means —
(a) in relation to a petroleum licensee — the area constituted by the block or blocks that are the subject of the licence; or
(b) in relation to an applicant for a licence — the area constituted by the block or blocks that will be the subject of the licence if the licence is granted.
Division 2 — Field management plan requirements
41. Requirement to have approved field management plan
A petroleum licensee must not undertake the recovery of petroleum from a petroleum pool in the licence area unless —
(a) the recovery is on an appraisal basis; or
(b) at the time of the recovery of the petroleum, the licensee has —
(i) an approved field management plan in force for a field that includes the petroleum pool; or
(ii) an approval, under regulation 59(1), to undertake the recovery of petroleum without an approved field management plan.
42. Requirement to undertake well activity in accordance with approved field management plan
If an approved field management plan is in force for a field in a licence area, the petroleum licensee must undertake each well activity in the licence area in a way that is consistent with the field management plan.
Division 3 — Obtaining approval of field management plan
43. Application for approval of field management plan
(1) A petroleum licensee or an applicant for a licence may apply to the Minister for approval of a field management plan.
(2) The application must be accompanied by the field management plan.
44. Decision on field management plan
(1) As soon as practicable after an application is made under regulation 43(1) in respect of a field management plan, the Minister must —
(a) approve the plan; or
(b) refuse to approve the plan; or
(c) give the applicant a written notice stating that the Minister is unable to make a decision without further assessment of the plan.
(a) any further information the Minister requires to be included in the plan; and
(b) the date after which the Minister will commence further assessment of the plan.
(3) The date specified under subregulation (2)(b) must give the applicant a reasonable opportunity to modify or resubmit the plan.
(4) If the Minister undertakes further assessment of the plan, the Minister must approve or refuse to approve the plan as soon as practicable after that further assessment.
(5) The Minister may approve the plan subject to conditions.
45. Notice of decision
As soon as practicable after deciding to approve or refuse to approve a field management plan, the Minister must give the applicant written notice of the decision specifying —
(a) if the decision is to approve the plan —
(i) the date on which the plan takes effect; and
or
(b) if the decision is to refuse to approve the plan — the reasons for the decision.
46. Date on which field management plan takes effect
If the Minister approves a field management plan, the plan takes effect on the date specified in respect of the plan under regulation 45(a)(i).
47. Criteria for approval of field management plan
(1) The Minister must approve a field management plan under regulation 44(1)(a) or (4) if the Minister is satisfied that —
(a) the plan includes the information required under regulation 48(1); and
(b) the plan demonstrates that the applicant will manage the field —
(i) in accordance with sound engineering principles, codes, standards and specifications; and
(ii) in a manner that is consistent with good oil‑field practice and compatible with optimum long‑term recovery of the petroleum.
(2) The Minister must not approve a field management plan if the Minister is not satisfied that the plan meets the requirements of subregulation (1).
48. Content of field management plan
(1) A field management plan must include the information listed in Schedule 3.
(2) A field management plan may include any other information that the applicant believes is relevant.
Division 4 — Revision of approved field management plan
49. Application for approval of revision of field management plan
(1) A petroleum licensee may apply to the Minister for approval of a revision of an approved field management plan.
(2) The application must be accompanied by the proposed revision.
50. Application for approval of revision required before major change
major change, in relation to the recovery of petroleum from a field, means any of the following —
(a) the petroleum licensee changes the development strategy or management strategy of the field or a petroleum pool in the field;
(b) the petroleum licensee changes the plan for the development of additional petroleum pools in the field;
(c) the petroleum licensee ceases production, permanently or for the long term, before the date proposed in the approved field management plan for the field;
(d) the petroleum licensee introduces new methods for the recovery of petroleum from the field, such as enhanced recovery and injection of fluids.
(2) A petroleum licensee must make an application under regulation 49(1) in respect of an approved field management plan at least 90 days before the licensee makes a major change in relation to the recovery of petroleum from the field to which the plan applies.
51. Decision on application for approval of revision
(1) As soon as practicable after an application is made under regulation 49(1) in respect of a revision, the Minister must —
(a) approve the revision if the approved field management plan as revised would meet the requirements of regulation 47(1); or
(b) refuse to approve the revision; or
(c) give the petroleum licensee a written notice stating that the Minister is unable to make a decision without further assessment of the revision.
(a) any further information the Minister requires to be included in the revision; and
(b) the date after which the Minister will commence further assessment of the revision.
(3) The date specified under subregulation (2)(b) must give the petroleum licensee a reasonable opportunity to modify or resubmit the revision.
(4) If the Minister undertakes further assessment of the revision, the Minister must approve or refuse to approve the revision as soon as practicable after that further assessment.
(5) The Minister may approve the revision subject to conditions.
52. Notice of decision
As soon as practicable after deciding to approve or refuse to approve a revision, the Minister must give the petroleum licensee written notice of the decision specifying —
(a) if the decision is to approve the revision —
(i) the date on which the revision takes effect; and
or
(b) if the decision is to refuse to approve the revision — the reasons for the decision.
53. Date on which revision takes effect
If the Minister approves a revision of an approved field management plan, then, on the date specified in respect of the revision under regulation 52(a)(i), the plan as revised replaces the existing approved field management plan as the plan in force for the field.
54. Revision required by Minister
(1) The Minister may give a petroleum licensee a written notice —
(a) requiring the licensee to submit to the Minister a revision of an approved field management plan as set out in the notice; and
(b) setting out the technical grounds for requiring the revision; and
(c) identifying the proposed date of effect of the revision; and
(d) identifying the proposed date by which the licensee must submit the revision to the Minister; and
(e) advising the licensee of the effect of regulation 55.
(2) A revision submitted by the petroleum licensee in accordance with the notice (or the notice as varied under regulation 56) is to be taken to be an application under regulation 49(1) and regulations 51, 52 and 53 apply accordingly.
55. Objection to requirement to revise approved field management plan
(1) If the Minister gives a petroleum licensee a notice under regulation 54, the licensee may make an objection, in writing, to the Minister —
(a) stating one or more of the following —
(i) that the revision should not occur;
(ii) that the revision should be in terms different from the proposed terms;
(iii) that the revision should take effect on a date later than the proposed date;
(iv) that the date by which the licensee must submit the revision should be later than the proposed date;
and
(b) giving reasons for the objection.
(2) The petroleum licensee must make the objection within —
(a) 21 days after receiving the notice; or
(b) if the Minister, in writing, allows a longer period — that period.
56. Decision on objection
(1) As soon as practicable after a petroleum licensee makes an objection under regulation 55, the Minister must decide whether to accept or reject the objection.
(2) As soon as practicable after making the decision, the Minister must give the petroleum licensee written notice of the decision specifying —
(a) if the decision is to accept the objection —
(i) whether the original notice given under regulation 54 is varied or withdrawn; and
(ii) if the original notice is varied — the requirements of that notice as varied;
or
(b) if the decision is to reject the objection — the reasons for the decision.
57. Requirement to comply with notice
(1) This regulation applies if a petroleum licensee is given a notice under regulation 54.
(2) The petroleum licensee must comply with the requirements of the notice unless the notice is varied or withdrawn under regulation 56.
(3) If the notice is varied under regulation 56, the petroleum licensee must comply with the requirements of the notice as varied.
Division 5 — Recovery of petroleum before field management plan approved
58. Application for approval to undertake recovery of petroleum without approved field management plan
(1) A petroleum licensee may apply, in writing, to the Minister for permission to undertake the recovery of petroleum from a petroleum pool in the licence area for a period of up to 3 months without having an approved field management plan in force for a field that includes the petroleum pool.
(2) The application must include —
(a) the reason why it is necessary for the petroleum licensee to undertake the recovery without having an approved field management plan; and
(b) the period in respect of which the permission is sought; and
(c) details of any proposed extended production test; and
(d) details of any proposed disposal or flaring of produced petroleum; and
(e) details of any proposed disposal of produced formation material.
59. Decision on application
(1) As soon as practicable after an application is made under regulation 58(1), the Minister must —
(a) approve the application; or
(b) refuse to approve the application; or
(c) give the petroleum licensee a written notice stating that the Minister is unable to make a decision without further information.
(2) A notice given under subregulation (1)(c) must specify the further information that the Minister requires.
(3) As soon as practicable after receiving the information, the Minister must approve or refuse the application.
(4) The Minister may approve the application subject to conditions.
60. Notice of decision on application
As soon as practicable after deciding to approve or refuse to approve an application made under regulation 58(1), the Minister must give the petroleum licensee written notice of the decision specifying —
(a) if the decision is to approve the application —
(i) the period for which the petroleum licensee may undertake the recovery of petroleum; and
or
(b) if the decision is to refuse to approve the application — the reasons for the decision.
61. Permitted period
(1) The period specified under regulation 60(a)(i) (the permitted period) must not exceed 3 months after the date of the Minister’s approval under regulation 59(1).
(2) However, the Minister may, on written application by the petroleum licensee, extend the permitted period by not more than 3 months.
(3) The Minister may, under subregulation (2), extend the permitted period more than once.
Part 7 — Other matters relating to petroleum or geothermal energy recovery
62. Requirement to notify Minister of significant event
significant event means any of the following —
(a) a change in the understanding of the characteristics of the geology or underground formation that may have a significant impact on the optimum long‑term recovery of petroleum or geothermal energy;
(b) a new or increased risk to the recovery of petroleum or geothermal energy within the licence area;
(c) a new or increased risk to the recovery of petroleum or geothermal energy outside the licence area caused by the development of petroleum pools or geothermal resources areas in the licence area;
(d) a new or increased risk of activities in the licence area causing effects outside the licence area (for example, aquifer depletion caused by petroleum extraction);
(e) a change to the proposed option for the development of petroleum pools or geothermal resources areas in the licence area, including any tie‑in opportunity with nearby licence areas.
(2) This regulation applies if a licensee becomes aware that a significant event has occurred in, or in relation to, the licence area.
(3) The licensee must give the Minister oral notice of the significant event as soon as practicable, but in any case within 2 hours, after becoming aware of it.
(4) The licensee must give the Minister written notice of the significant event, in accordance with subregulation (5), as soon as practicable, but in any case within 3 days, after becoming aware of it.
(5) The notice under subregulation (4) must include —
(a) all the material facts and circumstances about the significant event that the licensee is aware of or is able, by reasonable search and inquiry, to find out, including —
(i) when the event occurred or was first detected; and
(ii) the implications of the event for —
(I) the petroleum pool and the optimum long‑term recovery of petroleum; or
(II) the geothermal resources area and the optimum long‑term recovery of geothermal energy,
as the case requires;
and
(b) the action the licensee proposes to take in response to the significant event.
(6) The notice under subregulation (4) may include any other information the licensee considers relevant.
63. Content of geothermal energy recovery development plan
For the purposes of section 62A(1) of the Act, the information listed in Schedule 4 must be set out in a geothermal energy recovery plan.
Part 8 — Data management
64. Term used: operation
operation means an operation carried out under the authority of an instrument.
Division 2 — Requirements for keeping information
65. Requirement to securely retain information
(a) keeps accounts, records or other documents in connection with an operation; and
(b) does not securely retain the accounts, records or other documents.
66. Requirement to retain information so that retrieval is reasonably practicable
(a) keeps accounts, records or other documents in connection with an operation; and
(b) does not retain the accounts, records or other documents so that retrieval of the accounts, records or other documents is reasonably practicable.
Division 3 — Requirements for collection and retention of cores, cuttings and samples
67. Requirement to securely retain core, cutting or sample
(a) collects a core, cutting or sample in connection with an operation; and
(b) does not securely retain the core, cutting or sample.
68. Requirement to retain core, cutting or sample in Australia
(a) the instrument holder collects a core, cutting or sample in connection with an operation; and
(b) the instrument holder does not retain the core, cutting or sample in Australia; and
(c) the Minister has not authorised the instrument holder to retain the core, cutting or sample outside Australia.
69. Requirement to return core, cutting or sample to Australia
(a) the Minister has authorised the instrument holder to retain a core, cutting or sample outside Australia; and
(b) the instrument holder does not ensure that the core, cutting or sample is returned to Australia within —
(i) 12 months after the authorisation being given; or
(ii) a longer period authorised by the Minister.
70. Requirement to provide report about overseas analysis of core, cutting or sample
(1) An instrument holder commits an offence if —
(a) the Minister has authorised the instrument holder to retain a core, cutting or sample outside Australia for the purposes of analysis; and
(b) the instrument holder does not give the Minister a report about the progress of the analysis within 12 months after the authorisation being given.
(2) An instrument holder commits an offence if —
(a) the Minister has authorised the instrument holder to retain a core, cutting or sample outside Australia for the purposes of analysis; and
(b) the Minister requires the instrument holder to give the Minister a report about the progress of the analysis within a period, after the end of the period referred to in subregulation (1)(b), specified by the Minister; and
(c) the instrument holder does not comply with the requirement.
71. Requirement to retain core, cutting or sample so that retrieval is reasonably practicable
(a) collects a core, cutting or sample in connection with an operation; and
(b) does not retain the core, cutting or sample so that retrieval of the core, cutting or sample is reasonably practicable.
Division 4 — Requirements for giving reports and samples
Subdivision 1 — Reports about well activities
72. Daily well activity report
daily well activity report means a report that includes the information listed in Schedule 5.
(a) undertakes a well activity in an instrument area on a particular day (the activity day); and
(b) does not give the Minister a daily well activity report in respect of the activity day before midday on the day after the activity day.
73. Final well activity report and data
final well activity data means each type of data mentioned in an item in Schedule 6 —
final well activity report means a report that includes the information listed in Schedule 7.
(a) undertakes a well activity (other than a drilling activity) in an instrument area; and
(b) does not give the Minister a final well activity report and all final well activity data within —
(i) 6 months after the completion date for the well activity as approved by the Minister; or
(ii) if the Minister authorises the instrument holder to give the report and data within another period — the other period.
74. Well completion report and data
well completion data means each type of data mentioned in an item in Schedule 8 —
well completion report means a report that includes the information listed in Schedule 9.
(a) undertakes a well activity in an instrument area; and
(b) does not give the Minister a well completion report and all well completion data within —
(i) 12 months after the rig release date; or
(ii) if the Minister authorises the instrument holder to give the report and data within another period — the other period.
Subdivision 2 — Reports about surveys
75. Weekly survey report
week of survey, in relation to a survey, means —
(a) the period of 7 days starting on the first day on which data is acquired under the survey; and
(b) each subsequent period of 7 days in which, or in any part of which, data is acquired under the survey;
weekly survey report means a report that includes the information listed in Schedule 10.
(b) does not give the Minister a weekly survey report within 24 hours after the end of each week of survey.
76. Survey acquisition report and data
survey acquisition data means —
(a) for a seismic survey, each type of data mentioned in an item in Schedule 11 Division 1 —
or
(b) for any other type of survey, each type of data mentioned in an item in Schedule 11 Division 2 —
survey acquisition report means a report that includes the information listed in Schedule 12.
(b) does not give the Minister a survey acquisition report and all survey acquisition data within —
(i) 18 months after the day on which the acquisition of the data is completed; or
(ii) if the Minister authorises the instrument holder to give the report and data within another period — the other period.
77. Survey processing report and data
processed survey data means —
(a) for a 2‑dimensional seismic survey, each type of data mentioned in an item in Schedule 13 Division 1 —
or
(b) for a 3‑dimensional seismic survey, each type of data mentioned in an item in Schedule 13 Division 2 —
or
(c) for any other type of survey, each type of data mentioned in an item in Schedule 13 Division 3 —
survey processing report means a report that includes the information listed in Schedule 14.
(b) does not give the Minister a survey processing report and all processed survey data within —
(i) 24 months after the day on which the acquisition of the data is completed; or
(ii) if the Minister authorises the instrument holder to give the report and data within another period — the other period.
(3) An instrument holder commits an offence if the instrument holder —
(a) in compliance with a condition to which the instrument is subject, reprocesses data from a survey undertaken in the instrument area; and
(b) does not give the Minister a survey processing report and all processed survey data within —
(i) 24 months after the day on which the reprocessing of the data is completed; or
(ii) if the Minister authorises the instrument holder to give the report and data within another period — the other period.
78. Survey interpretation report and data
interpretative survey data means the data mentioned in Schedule 15 item 1 —
survey interpretation report means a report that includes the information listed in Schedule 16.
(b) does not give the Minister a survey interpretation report and all interpretative survey data within —
(i) 30 months after the day on which the acquisition of the data is completed; or
(ii) if the Minister authorises the instrument holder to give the report and data within another period — the other period.
(3) An instrument holder commits an offence if the instrument holder —
(a) in compliance with a condition to which the instrument is subject, reprocesses data from a survey undertaken in the instrument area; and
(b) does not give the Minister a survey interpretation report and all interpretative survey data within —
(i) 30 months after the day on which the reprocessing of the data is completed; or
(ii) if the Minister authorises the instrument holder to give the report and data within another period — the other period.
Subdivision 3 — Production reports
79. Monthly production report from licensee
monthly production report means —
(a) if the licensee is a petroleum licensee — a report that includes the information listed in Schedule 17 Division 1; or
(b) if the licensee is a geothermal licensee — a report that includes the information listed in Schedule 17 Division 2.
(2) A licensee commits an offence if the licensee does not give the Minister a monthly production report for a licence area within the period —
(a) starting on the last day of the month to which the report relates; and
(b) ending 15 days after that day.
Subdivision 4 — Cores, cuttings and samples
80. Requirement to give core, cutting or sample
(1) An instrument holder commits an offence if the instrument holder —
(a) undertakes a drilling activity or other well activity in an instrument area; and
(b) collects a core, cutting or sample of a kind specified in an item in the Table; and
(c) does not give the quantity of the core, cutting or sample specified in that item in the Table to the Minister within —
(i) the period specified in that item in the Table; or
(ii) if the Minister authorises the instrument holder to give the quantity of the core, cutting or sample within another period — the other period.
| Item | Core, cutting or sample | Quantity of core, cutting or sample | Period for giving core, cutting or sample |
| 1. | Ditch cutting | 200 g dry weight per sample interval | The period ending on the day 6 months after the rig release date. |
| 2. | Full hole conventional core | One‑third of the core | The period ending on the day 6 months after the rig release date. |
| 3. | Full hole conventional core | Remainder of the core | As soon as practicable after the expiry, surrender, cancellation, revocation or termination of the relevant instrument. |
| 4. | Gaseous petroleum samples | 300 cm3 | As soon as practicable after the expiry, surrender, cancellation, revocation or termination of the relevant instrument. |
| 5. | Fluid petroleum samples | 1 L | For a sample collected during the drilling of a well — the period ending on the day 6 months after the rig release date.<br>For a sample collected during a test on a completed well — as soon as practicable after the expiry, surrender, cancellation, revocation or termination of the relevant instrument. |
| 6. | Sidewall core material | All material collected | The period ending on the day 18 months after the rig release date. |
| 7. | Palynological, paleontological or petrological material | All material collected | The period ending on the day 18 months after the rig release date. |
(a) the quantity of the core, cutting or sample required under subregulation (1)(c) is not available to the instrument holder; and
(b) before the end of the relevant period under subregulation (1)(c) the instrument holder gives the Minister a written notice —
(i) explaining why the quantity is not available; and
(ii) setting out the total quantity of the core, cutting or sample that was collected.
Part 9 — Release of technical information about petroleum and geothermal energy resources
81. Terms used
basic information means documentary information that is not interpretative information;
disclosable information means documentary information that is not permanently confidential information;
documentary information has the meaning given in section 150A of the Act;
excluded information has the meaning given in regulation 82;
exclusive data means data that is not made available for commercial sale or licence;
interpretative information has the meaning given in regulation 84;
mining sample has the meaning given in section 150A of the Act;
non‑exclusive data means data that is made available for commercial sale or licence;
open information about a survey means any of the following information —
(a) the name of the survey;
(b) the instrument under which the survey is being conducted;
(c) the name of the instrument holder;
(d) the basin and sub‑basin (if applicable) in which the survey is being conducted;
(e) the type of survey;
(f) the size of the survey in —
(i) for a 2‑dimensional survey — kilometres; or
(ii) for a 3‑dimensional survey — square kilometres;
(g) the name of the vessel or aircraft being used to conduct the survey;
(h) the name of the contractor conducting the survey;
(i) the dates on which the survey starts and ends or is proposed to start and end;
(j) whether the survey is exclusive or non‑exclusive;
(k) navigation data for the survey, in the form of —
(i) for a 2‑dimensional survey — line ends and bends; or
(ii) for a 3‑dimensional seismic survey — a full fold polygon outline; or
(iii) for other 3‑dimensional surveys — a polygon outline;
open information about a well means any of the following information —
(a) the name of the well;
(b) the basin and sub‑basin (if applicable) in which the well is located;
(c) the well’s latitude and longitude;
(d) the name of the instrument area in which the well is located;
(e) the name of the instrument holder;
(f) the purpose of the well (for example, development, appraisal, exploration or stratigraphy);
(g) if the well is a sidetrack — the name of the parent well;
(h) the well’s spud date;
(i) the water depth at the well;
(j) what is being used as the depth reference for the well (for example, the Kelly bushing or the rig floor);
(k) the height of the depth reference above sea level;
(l) the name of the rig drilling the well;
(m) the rig’s make and model;
(n) the name of the drilling contractor;
(o) the rig release date;
(p) the status of the well (for example, producing, suspended or decommissioned);
operation means an operation carried on under the authority of an instrument;
permanently confidential information has the meaning given in regulation 83;
seismic extracted data grid means a series of vertical cross‑sections extracted from a 3‑dimensional seismic data volume that form a grid of which —
(a) one direction is along the direction of seismic data acquisition; and
(b) the other direction is at right angles to the direction of seismic data acquisition; and
(c) the vertical cross‑sections are spaced 5 kilometres apart in both directions.
82. Meaning of excluded information
(1) This regulation sets out the type of information that is excluded information.
(2) Information about the following is excluded information —
(a) the technical qualifications of an instrument holder or an applicant for an instrument;
(b) the technical advice available to an instrument holder or an applicant for an instrument;
(c) the financial resources available to an instrument holder or an applicant for an instrument.
(3) Information contained in the following documents is excluded information —
(a) an application for a permit under section 30, 33 or 105(3)(a)(ii) of the Act;
(b) an application for the renewal of a permit under section 40 of the Act;
(c) an application for a drilling reservation under section 43A or 105(3)(a)(ii) of the Act;
(d) an application for a lease under section 48A or 48CA of the Act;
(e) an application for the renewal of a lease under section 48F of the Act;
(f) a document setting out the results of a re‑evaluation of the commercial viability of the recovery of petroleum from a petroleum lease area, or the recovery of geothermal energy from a geothermal lease area, under section 48H of the Act;
(g) an application for a licence under section 50, 50A or 57 of the Act;
(h) an application for the renewal of a licence under section 64 of the Act;
(i) a report given under Part 4 or 5;
(j) a field management plan submitted under regulation 43;
(k) a revision of an approved field management plan submitted under regulation 49;
(l) a well management plan submitted under regulation 12;
(m) a revision of an approved well management plan submitted under regulation 19;
(n) a geothermal energy recovery development plan submitted under section 62A of the Act;
(o) an application for approval of a variation of an approved development plan under section 62B of the Act.
(4) For the purposes of subregulation (3), it does not matter whether a document was prepared or submitted before or after the commencement of this regulation.
(5) However, subregulation (3) does not apply to information that is also contained in a document not listed in that subregulation that is given to the Minister.
Division 2 — Classification of documentary information
83. Meaning of permanently confidential information
(1) This regulation sets out the 4 situations in which documentary information is permanently confidential information.
(2) Despite anything else in this Division, excluded information is permanently confidential information.
(3) Documentary information given by a person to the Minister is permanently confidential information if the Minister considers the information to be —
(a) a trade secret; or
(b) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs.
(4) Documentary information given by a person to the Minister is permanently confidential information if —
(a) when the information was given, the person told the Minister in writing that the person classified the information as —
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs;
and
(b) the Minister did not give the person a written notice under regulation 85(1) disputing the classification.
(5) Documentary information given by a person to the Minister is permanently confidential information if —
(a) when the information was given, the person told the Minister in writing that the person classified the information as —
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs;
and
(b) the Minister gave the person a written notice under regulation 85(1) disputing the classification; and
(c) either —
(i) the time for making an objection in response to the notice has not elapsed; or
(ii) the person has made an objection in response to the notice, and the objection remains in force.
84. Meaning of interpretative information
(1) This regulation sets out the 3 situations in which documentary information is interpretative information.
(2) Documentary information given by a person to the Minister is interpretative information if the Minister considers the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.
(3) Documentary information given by a person to the Minister is interpretative information if —
(a) when the information was given, the person told the Minister in writing that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and
(b) the Minister did not give the person a written notice under regulation 85(2) disputing the classification.
(4) Documentary information given by a person to the Minister is interpretative information if —
(a) when the information was given, the person told the Minister in writing that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and
(b) the Minister gave the person a written notice under regulation 85(2) disputing the classification; and
(c) either —
(i) the time for making an objection in response to the notice has not elapsed; or
(ii) the person has made an objection in response to the notice, and the objection remains in force.
85. Classification dispute notice
(1) The Minister may give a person a written notice disputing the classification of documentary information as permanently confidential information if —
(a) the person gave the documentary information to the Minister; and
(b) when the information was given, the person told the Minister in writing that the person classified the information as —
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs;
and
(c) the Minister does not consider the information to be —
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs.
(2) The Minister may give a person a written notice disputing the classification of documentary information as interpretative information if —
(a) the person gave the documentary information to the Minister; and
(b) when the information was given, the person told the Minister in writing that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and
(c) the Minister does not consider the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.
(3) A notice under subregulation (1) or (2) must be given within 30 days after the Minister receives the documentary information to which it relates.
(4) The Minister may combine 2 or more notices to the same person under subregulation (1) or (2), or both, into a single notice.
(5) A notice under subregulation (1) must include the following —
(a) a statement that the Minister considers the information to be disclosable information and proposes to treat it as disclosable information under this Part;
(b) a statement inviting the person to make a written objection to the Minister’s proposal to treat the information as disclosable information;
(c) a statement that if the person does not make a written objection by the date specified under paragraph (d), the information will be taken to be disclosable information under this Part;
(d) the date by which a written objection must be given to the Minister.
(6) A notice under subregulation (2) must include the following —
(a) a statement that the Minister considers the information to be basic information and proposes to treat it as basic information under this Part;
(b) a statement inviting the person to make a written objection to the Minister’s proposal to treat the information as basic information;
(c) a statement that if the person does not make a written objection by the date specified under paragraph (d), the information will be taken to be basic information under this Part;
(d) the date by which a written objection must be given to the Minister.
(7) For the purposes of subregulations (5)(d) and (6)(d), the date must be at least 45 days after the date the notice was issued.
86. Making an objection
(1) If a person has received a notice from the Minister under regulation 85, the person may make an objection to the classification of the information.
(2) The objection may relate to all of the information described in the notice, or a specified part of the information.
(3) If the notice is given under both regulation 85(1) and (2), the objection must state whether the objection is —
(a) on the ground that the information should be treated as permanently confidential information; or
(b) on the ground that the information should be treated as interpretative information; or
(c) on both grounds.
(4) The objection must be made in writing to the Minister on or before the date specified in the notice.
(5) An objection made under this regulation remains in force until it ceases to be in force under regulation 88.
87. Consideration of objection
(1) If the Minister receives an objection made by a person under regulation 86, the Minister must consider the objection and decide whether to allow or disallow the objection.
(2) The Minister may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part.
(3) The Minister must notify the person in writing of the Minister’s decision within 45 days after the Minister receives the objection.
88. When objection ceases to be in force
An objection made by a person under regulation 86 ceases to be in force if —
(a) the person withdraws the objection by notifying the Minister in writing; or
(b) the Minister disallows the objection.
Division 3 — Release of documentary information
89. Purpose of Division
This Division sets out the circumstances in which the Minister may —
(a) make documentary information publicly known; or
(b) make documentary information available to a person (other than another Minister or a Minister of another jurisdiction).
90. Release of open information about survey or well
Despite anything else in this Division, the Minister may make the following information publicly known at any time —
(a) open information about a survey;
(b) open information about a well.
91. Release of basic disclosable information
(1) The Minister may make documentary information publicly known or make documentary information available to a person if —
(a) it is basic information; and
(b) it is disclosable information; and
(c) the relevant day for the information, as determined under subregulation (2), (3), (4) or (5), has passed.
(2) Subject to subregulation (3), the relevant day for documentary information relating to a seismic survey described in an item in the Table is the day specified in that item.
| Item | Seismic survey | Relevant day |
| 1. | A survey that collected exclusive data if the survey was conducted under an instrument that is still in force. | The day 3 years after the acquisition of the data was completed. |
| 2. | A survey that collected exclusive data if the survey was conducted under an instrument that —<br> (a) has expired; or<br> (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the instrument. | The day of the expiry, surrender, cancellation, revocation or termination. |
| 3. | A survey that collected 2D seismic data as non‑exclusive data. | The day 15 years after the acquisition of the data was completed. |
| 4. | A survey that collected 3D seismic data as non‑exclusive data if either —<br> (a) the 3D data; or<br> (b) 2D data extracted from the 3D data, contained in a seismic extracted data grid,<br>was required to be produced as a condition of the grant of an instrument. | For the 3D data —<br> (a) if extracted 2D data was not produced despite a requirement to do so, the day 3 years after the acquisition of the 3D data was completed;<br> (b) otherwise, the day 15 years after the acquisition of the 3D data was completed. |
| | | For the extracted 2D data — the day 5 years after the acquisition of the 3D data was completed. |
(3) If data from a seismic survey has been reprocessed as a condition of the grant of an instrument, the relevant day for the documentary information obtained from the reprocessing is the later of the following —
(a) the relevant day under subregulation (2) for the information relating to the original survey;
(b) the day 3 years after the last day of the year of the term of the instrument during which the reprocessing was done.
(4) The relevant day for documentary information relating to a survey (other than a seismic survey) described in an item in the Table is the day specified in that item.
| Item | Survey | Relevant day |
| 1. | A survey (other than a survey to which item 3 applies) conducted under an instrument that is still in force. | The day 3 years after the acquisition of the data was completed. |
| 2. | A survey (other than a survey to which item 3 applies) conducted under an instrument that —<br> (a) has expired; or<br> (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the instrument. | The day of the expiry, surrender, cancellation, revocation or termination. |
| 3. | A survey conducted under a special prospecting authority or access authority that collected non‑exclusive data. | The day 15 years after the acquisition of the data was completed. |
(5) The relevant day for documentary information relating to a well is the day specified in the item of the Table that describes the instrument under which the well activity to which the information relates was conducted.
| Item | Instrument | Relevant day |
| 1. | An instrument that is still in force. | The day 2 years after the day on which, in the opinion of the Minister, the well activity was substantially completed. |
| 2. | An instrument that —<br> (a) has expired; or<br> (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the instrument. | The day of the expiry, surrender, cancellation, revocation or termination. |
92. Release of interpretative disclosable information
well information means any of the following —
(a) final well activity data as defined in regulation 73(1);
(b) information contained in a final well activity report as defined in regulation 73(1);
(c) well completion data as defined in regulation 74(1);
(d) information contained in a well completion report as defined in regulation 74(1).
(2) The Minister may make documentary information publicly known or make documentary information available to a person if —
(a) it is interpretative information; and
(b) it is disclosable information; and
(c) the information relates to the subsoil, or to petroleum or geothermal energy resources, in a block; and
(d) the relevant period for the information, determined under subregulation (3) or (4), has elapsed.
(3) The relevant period for well information is 2 years after the day on which, in the opinion of the Minister, the operation to which the information relates was substantially completed.
(4) The relevant period for any other information is 5 years after the day on which, in the opinion of the Minister, the operation to which the information relates was substantially completed.
93. Release of documentary information: prior availability or consent
(1) Subject to subregulation (2), the Minister may make documentary information publicly known or make documentary information available to a person if —
(a) the instrument holder who gave the information to the Minister has made the information publicly known; or
(b) the instrument holder who gave the information to the Minister has consented in writing to the information being made publicly known or made available, as the case may be.
(2) If documentary information relating to a block was given to the Minister under a special prospecting authority, an access authority or an instrument of consent under section 116 of the Act, subregulation (1) applies only if the information relates to a period when no permit, lease or licence was in force over the block.
94. Fees for documentary information
(1) This regulation applies if, under regulation 91(1), 92(2) or 93(1), the Minister makes documentary information available to a person.
(2) If the document containing the information is lent to the person, the Minister may require the person to pay a fee of $142.00 for each day or part of a day during which the document is on loan.
(3) If it is necessary to conduct a search in order to locate the information for the person, the Minister may require the person to pay a fee of $142.00 for each hour or part of an hour (after the first half hour) taken to conduct the search.
(4) If the information is copied or reproduced for the person, the Minister may require the person to pay a fee of an amount equal to the total costs incurred in copying or reproducing the information.
(5) If the information is sent to the person, the Minister may require the person to pay a fee of an amount equal to the total costs incurred in sending the information (including any packaging costs).
[Regulation 94 amended: Gazette 24 Jun 2016 p. 2333; 23 Jun 2017 p. 3304; 25 Jun 2018 p. 2319; 18 Jun 2019 p. 2053; SL 2020/93 r. 17.]
94A. Release of documentary information to Department of Treasury and Finance workers for royalties functions
CEO means the chief executive officer of the Department of Treasury and Finance;
Department of Mines, Petroleum and Exploration worker means a public service officer, or other individual, employed or engaged in, or who otherwise holds a position in, the department of the Public Service principally assisting in the administration of the Act;
Department of Treasury and Finance means the department of the Public Service principally assisting in the administration of the Taxation Administration Act 2003;
Department of Treasury and Finance worker means a public service officer, or other individual, employed or engaged in, or who otherwise holds a position in, the Department of Treasury and Finance;
Minister for Finance means the Minister to whom the administration of the Taxation Administration Act 2003 is for the time being committed by the Governor;
royalties function means a function for, or in connection with, the administration or collection of royalties under the Act.
(2) The Minister may make documentary information available to a Department of Treasury and Finance worker for the purposes of, or in relation to, the performance of a royalties function.
(3) If the Minister makes documentary information available to a Department of Treasury and Finance worker under subregulation (2), the worker may access, copy, use, store or disclose the documentary information for the purposes of, or in relation to, performing a royalties function.
(4) A Department of Treasury and Finance worker may only disclose documentary information under subregulation (3) to —
(a) another Department of Treasury and Finance worker; or
(b) a Department of Mines, Petroleum and Exploration worker; or
(c) the CEO; or
(d) the Minister for Finance; or
(e) another Minister.
(5) An individual who is or was a Department of Treasury and Finance worker commits an offence if —
(a) documentary information made available under subregulation (2) came to the individual’s knowledge in the course of, or by reason of, their employment or engagement in, or their otherwise holding a position in, the Department of Treasury and Finance; and
(b) the individual accesses, copies, uses, stores or discloses the documentary information —
(i) for personal gain; or
(ii) otherwise in a way that is not authorised under subregulation (3).
Penalty for this subregulation: a fine of $10 000.
(6) A Minister to whom documentary information is disclosed under subregulation (3) or this subregulation may access, copy, use, store or disclose the documentary information for the purposes of, or in relation to, a royalties function.
(7) Subregulation (6) authorises a Minister to disclose documentary information only to another Minister.
[Regulation 94A inserted: SL 2022/1 r. 6; amended: SL 2025/153 r. 15.]
Division 4 — Release of mining samples
95. Purpose of Division
This Division sets out the circumstances in which the Minister may —
(a) make publicly known any details of a mining sample; or
(b) permit a person (other than another Minister or a Minister of another jurisdiction) to inspect a mining sample.
96. Release of mining samples after relevant day
(1) The Minister may make publicly known details of a mining sample or permit a person to inspect a mining sample if the relevant day for the sample, as determined under subregulation (2), has passed.
(2) The relevant day for a mining sample is the day specified in the item of the Table that describes the instrument under which the operation to which the sample relates was conducted.
| Item | Instrument | Relevant day |
| 1. | An instrument that is still in force. | The day 2 years after the day on which, in the opinion of the Minister, the operation was substantially completed. |
| 2. | An instrument that —<br> (a) has expired; or<br> (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the instrument. | The day of the expiry, surrender, cancellation, revocation or termination. |
97. Release of mining samples: prior availability or consent
(1) Subject to subregulation (2), the Minister may make publicly known details of a mining sample or permit a person to inspect a mining sample if —
(a) the instrument holder who gave the sample to the Minister has made publicly known those details of the sample; or
(b) the instrument holder who gave the sample to the Minister has caused to be made publicly known those details of the sample; or
(c) the instrument holder who gave the sample to the Minister has consented in writing to details of the sample being made publicly known or to the sample being made available for inspection.
(2) If a mining sample from a block was given to the Minister under a special prospecting authority, an access authority or an instrument of consent under section 116 of the Act, subregulation (1) applies only if the sample was obtained during a period when no permit, lease or licence was in force over the block.
98. Fees for inspection of mining sample
(1) This regulation applies if, under regulation 96(1) or 97(1), the Minister permits a person to inspect a mining sample.
(2) If the mining sample is lent to the person for inspection, the Minister may require the person to pay a fee of $142.00 for each day or part of a day during which the sample is on loan.
(3) If it is necessary to conduct a search in order to locate the mining sample for the person, the Minister may require the person to pay a fee of $142.00 for each hour or part of an hour (after the first half hour) taken to conduct the search.
(4) If the mining sample is sent to the person for inspection, the Minister may require the person to pay a fee of an amount equal to the total costs incurred in sending the sample (including any packaging costs).
[Regulation 98 amended: Gazette 24 Jun 2016 p. 2334; 23 Jun 2017 p. 3304; 25 Jun 2018 p. 2319; 18 Jun 2019 p. 2053; SL 2020/93 r. 18.]
Part 10 — Transitional provisions
99. Terms used
commencement day means the day on which this Part comes into operation;
existing recovery operation means the recovery of petroleum from a petroleum pool in a licence area undertaken by a petroleum licensee before commencement day that continues on or after that day;
existing well activity means a well activity undertaken by a title holder before commencement day that continues on or after that day;
transitional period means the period of 12 months beginning on commencement day.
100. Existing surveys
Regulation 5 does not apply in relation to a survey undertaken by an instrument holder before commencement day that continues on or after that day.
101. Existing well activities
Regulation 10(1) does not apply in relation to an existing well activity until —
(a) in a case where, before the end of the transitional period, the title holder undertaking the well activity makes an application under regulation 12(1) for approval of a well management plan in respect of the well activity — the day after the day on which the title holder is given notice under regulation 14 of the decision on the application; or
(b) in any other case — the day after the end of the transitional period.
102. Existing recovery operations
Regulation 41 does not apply in relation to an existing recovery operation until —
(a) in a case where, before the end of the transitional period, the petroleum licensee undertaking the recovery operation makes an application under regulation 43(1) for approval of a field management plan in respect of the field in which the recovery operation is being undertaken — the day after the day on which the licensee is given notice under regulation 45 of the decision on the application; or
(b) in a case where, before the end of the transitional period, the petroleum licensee undertaking the recovery operation makes an application under regulation 58(1) for permission to undertake the recovery operation — the day after the day on which the licensee is given notice under regulation 60 of the decision on the application; or
(c) in any other case — the day after the end of the transitional period.