152I.Certain things are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)312
Division 2 — Forms and regulations
152J.Approved forms312
152.Regulations313
153.Transitional provisions (Sch. 3)317
Schedule 2 — Scheduled area for Western Australia
Schedule 3 — Transitional provisions
Division 1 — Provisions for Petroleum and Energy Legislation Amendment Act 2010
1.Term used: amending Act325
2.Section 31 (permit renewals)325
3.Section 70 (conditions of pipeline licence)325
4.Section 118 (release of information)326
5.Section 3 and Sch. 3 and 4 (former transitional provisions)326
Division 2 — Provisions for Petroleum Legislation Amendment Act 2024
6.Duty to pay royalties326
Notes
Compilation table328
Uncommenced provisions table331
Other notes331
Defined terms
An Act to make provision with respect to —
·the exploration for and the exploitation of the petroleum resources, and certain other resources, of certain submerged lands adjacent to the coast of Western Australia; and
·the injection and storage of greenhouse gas substances within certain submerged lands adjacent to the coast of Western Australia.
[Long title inserted: No. 17 of 2024 s. 262.]
Preamble
Whereas in accordance with international law Australia as a coastal State has sovereign rights over the continental shelf beyond the limits of Australian territorial waters for the purpose of exploring it and exploiting its natural resources:
And whereas Australia is a party to the Convention on the continental shelf signed at Geneva on 29 April 1958 in which those rights are defined:
And whereas by the Seas and Submerged Lands Act 1973 of the Commonwealth it is declared and enacted that the sovereignty in respect of the territorial sea of Australia and in respect of the airspace over it and in respect of its seabed and subsoil, and the sovereignty in respect of certain internal waters of Australia and in respect of the airspace over those waters and in respect of the seabed and subsoil beneath those waters, is vested in and exercisable by the Crown in right of the Commonwealth:
And whereas the Parliaments of the States and the Legislative Assembly of the Northern Territory have certain legislative powers in respect of the seabed and subsoil referred to in the last preceding recital and the Parliament of the Commonwealth has vested in the Crown in right of each of the States and the Crown in right of the Northern Territory certain proprietary rights in respect of that seabed and subsoil:
And whereas it has been agreed between the Commonwealth, the States and the Northern Territory that, in place of the scheme provided for by an Agreement between the Commonwealth and the States dated 16 October 1967 —
(a)legislation of the Parliament of the Commonwealth in respect of the exploration for and the exploitation of the petroleum resources of submerged lands should be limited to the resources of lands beneath waters that are beyond the outer limits of the territorial sea adjacent to the States and the Northern Territory (being outer limits based, unless and until otherwise agreed, on the breadth of that sea being 3 nautical miles), and that the States and the Northern Territory should share in the administration of that legislation; and
(b)legislation of the Parliament of each State should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the State as is on the landward side of the waters referred to in paragraph (a); and
(c)legislation of the Legislative Assembly of the Northern Territory should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the Northern Territory as is on the landward side of the waters referred to in paragraph (a); and
(d)the Commonwealth, the States and the Northern Territory should endeavour to maintain, as far as practicable, common principles, rules and practices in the regulation and control of the exploration for and the exploitation of the petroleum resources of all the submerged lands referred to above that are on the seaward side of the inner limits of the territorial sea of Australia:
[Preamble amended: No. 19 of 2010 s. 50.]
Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: —
Part I — Preliminary
1.Short title
This Act may be cited as the Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982.
[Section 1 amended: No. 17 of 2024 s. 263.]
2.Commencement
(1)This Act shall come into operation on the first day on which the following Acts of the Commonwealth, with or without amendments, are in operation, namely, the Seas and Submerged Lands Amendment Act 1980, the Coastal Waters (State Powers) Act 1980, the Coastal Waters (State Title) Act 1980 and the Petroleum (Submerged Lands) Amendment Act 1980.
(2)The Minister shall as soon as is practicable after the commencement of this Act cause notice of the commencement to be published in the Gazette.
3.Petroleum (Submerged Lands) Act 1967 repealed
(1)The Petroleum (Submerged Lands) Act 1967 is repealed.
[Section 3 amended: No. 42 of 2010 s. 64.]
4.Terms used
(1)In this Act, unless the contrary intention appears —
access authority means —
(a)a petroleum access authority; or
(b)a GHG access authority;
adjacent area, in relation to a pipeline or pipeline licence, has the meaning given in section 60K;
adjacent area, other than in relation to a pipeline or pipeline licence, has the meaning given in section 5;
application for a primary licence means an application under section 40(1) or (2) or 40A(1) or (2);
application for a secondary licence means an application under section 40(3) or 40A(3);
approved means approved by the Minister;
approved site plan means a site plan in respect of which an approval is in force under regulations made for the purposes of section 74AI;
block means a block constituted as provided by section 17;
boundary-change permit means a permit granted under section 27A;
closure assurance period means a closure assurance period declared under section 74AZE(2);
Commonwealth Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth);
Commonwealth lease means a petroleum retention lease as defined in the Commonwealth Act section 7;
Commonwealth licence means a fixed‑term petroleum production licence as defined in the Commonwealth Act section 7;
Commonwealth Minister means the Minister of the Crown in right of the Commonwealth for the time being administering the Commonwealth Act, and includes another Minister for the time being acting for and on behalf of that Minister;
Commonwealth permit means a petroleum exploration permit as defined in the Commonwealth Act section 7;
construct includes place and construction has a corresponding meaning;
corresponding law means an Act of another State or a law in force in a Territory of the Commonwealth giving effect to the agreement between the Commonwealth, the States and the Northern Territory referred to in the preamble to this Act;
Department means the department of the Public Service principally assisting in the administration of this Act;
detection agent means a substance, whether in a gaseous or liquid state, that —
(a)facilitates the monitoring of the behaviour of another substance or a mixture of other substances when added to —
(i)that other substance; or
(ii)that mixture of other substances;
and
(b)is prescribed by the regulations;
document includes any map, book, record or writing;
electronic means includes —
(a)an electronic database or document system; and
(b)any other means by which a document can be accessed electronically;
eligible GHG storage formation has the meaning given in section 4B(1);
facility means a structure for or in connection with the carrying out of a petroleum operation or a GHG operation;
fundamental suitability determinants, in relation to an eligible GHG storage formation, has the meaning given in section 4B(9);
geological formation includes —
(a)any seal or reservoir of a geological formation; and
(b)any associated geological attributes or features of a geological formation;
GHG access authority means a GHG access authority under Part 3;
GHG exploration operation means an operation to explore for potential GHG storage formations or potential GHG injection sites, and the carrying on of operations and the execution of works necessary for that purpose;
GHG exploration permit means a GHG exploration permit under Part 3;
GHG facility line means a pipe, or system of pipes, that is —
(a)used to convey a greenhouse gas substance; and
(b)part of a greenhouse gas facility;
GHG infrastructure line means a pipe, or system of pipes, that is —
(a)used to convey a greenhouse gas substance; and
(b)part of infrastructure facilities;
GHG injection licence means a GHG injection licence under Part 3;
GHG injection line means a pipe, or system of pipes, for conveying a greenhouse gas substance for any of the following purposes but only if the greenhouse gas substance does not pass through a terminal point on the pipe, or system of pipes, before it is injected into the identified GHG storage formation —
(a)to be compressed, processed or otherwise prepared for injection into an identified GHG storage formation;
(b)for storage prior to being injected into an identified GHG storage formation;
(c)for injection into an identified GHG storage formation;
GHG injection operation means —
(a)an operation to inject a greenhouse gas substance into an identified GHG storage formation, and to permanently store the greenhouse gas substance in the identified GHG storage formation, and the carrying on of operations and the execution of works necessary for those purposes; or
(b)an operation to monitor a greenhouse gas substance stored in an identified GHG storage formation, and the carrying on of operations and the execution of works necessary for that purpose;
GHG lease area means the area constituted by the blocks that are the subject of a GHG retention lease;
GHG lessee means the registered holder of a GHG retention lease;
GHG licence area means the area constituted by the blocks that are the subject of a GHG injection licence;
GHG licensee means the registered holder of a GHG injection licence;
GHG operation —
(a)means any of the following carried out in the adjacent area —
(i)a GHG exploration operation;
(ii)an operation to drill for potential GHG storage formations or potential GHG injection sites, and the carrying on of operations and the execution of works necessary for that purpose;
(iii)a GHG injection operation;
(iv)any other kind of operation prescribed by the regulations to be a GHG operation;
but
(b)does not include an operation of a kind prescribed by the regulations not to be a GHG operation;
GHG permit area means the area constituted by the blocks that are the subject of a GHG exploration permit;
GHG permittee means the registered holder of a GHG exploration permit;
GHG retention lease means a GHG retention lease under Part 3;
GHG special prospecting authority means a GHG special prospecting authority under Part 3;
good oil‑field practice means all those things that are generally accepted as good and safe in the carrying on of exploration for petroleum or a regulated substance, or in operations for the recovery of petroleum or a regulated substance, as the case may be;
good processing and transport practice means all those things that are generally accepted as good and safe in the processing and storage of petroleum or a regulated substance and the preparation of petroleum or a regulated substance for transport;
granted, in relation to a boundary-change permit, a lease under section 38CD or a licence under section 51A, means taken to have been granted;
graticular section means a section referred to in section 17;
greenhouse gas facility means a structure for or in connection with the carrying out of a GHG operation;
greenhouse gas (GHG licence area) pipeline has the meaning given in section 60M;
greenhouse gas (petroleum licence area) pipeline has the meaning given in section 60M;
greenhouse gas pipeline means —
(a)a pipe, or system of pipes, in the adjacent area as defined in section 60K(2) for conveying a greenhouse gas substance, other than —
(i)a GHG injection line; or
(ii)a GHG infrastructure line; or
(iii)a GHG facility line; or
(iv)a pipe, or system of pipes, specified in the regulations;
or
(b)a part of a pipe covered by paragraph (a); or
(c)a part of a system of pipes covered by paragraph (a);
greenhouse gas substance or GHG has the meaning given in section 4D;
identified GHG storage formation means a part of a geological formation declared to be an identified GHG storage formation under section 74AE(2)(a);
incidental greenhouse gas‑related substance, in relation to a primary greenhouse gas substance, has the meaning given in section 4C(2);
infrastructure facilities has the meaning given in section 6B;
infrastructure licence means an infrastructure licence under Part 3;
infrastructure licence area, in relation to an infrastructure licence, means the place in respect of which the infrastructure licence is in force;
infrastructure licensee means the registered holder of an infrastructure licence;
inspector means a person appointed under section 125;
Joint Authority means the Commonwealth‑Western Australia Offshore Petroleum Joint Authority established by the Commonwealth Act;
lease means —
(a)a petroleum retention lease; or
(b)a GHG retention lease;
lease area means the area constituted by the blocks that are the subject of a lease;
lessee means the registered holder of a lease;
licence means —
(a)a petroleum production licence; or
(b)a GHG injection licence;
licence area means the area constituted by the blocks that are the subject of a licence;
licensee means the registered holder of a licence;
location means a block or blocks in respect of which a declaration under section 37 is in force;
natural resources has the same meaning as in paragraph 4 of Article 77 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982;
Note for this definition
Paragraph 4 of Article 77 is as follows:
The natural resources referred to in this Part consist of the mineral and other non‑living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.
offshore area means the offshore area of Western Australia within the meaning of the Commonwealth Act section 7;
partly cancelled means —
(a)in relation to a permit or lease or licence, cancelled as to 1 or more but not all of the blocks the subject of the permit or lease or licence; and
(b)in relation to a pipeline licence, cancelled as to a part of the pipeline the subject of the licence;
partly determined, in relation to a permit or lease, means determined as to 1 or more but not all of the blocks the subject of the permit or lease;
permit means —
(a)a petroleum exploration permit; or
(b)a GHG exploration permit;
permit area means the area constituted by the blocks that are the subject of a permit;
permittee means the registered holder of a permit;
petroleum —
(a)means any of the following —
(i)any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state;
(ii)any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state;
(iii)any naturally occurring mixture of 1 or more hydrocarbons, whether in a gaseous, liquid or solid state, and 1 or more of hydrogen sulphide, nitrogen, helium and carbon dioxide;
and
(b)includes the following —
(i)any petroleum as defined by paragraph (a) that has been returned to a natural reservoir, except oil shale;
(ii)any petroleum as defined by paragraph (a) or subparagraph (i) to which 1 or more things prescribed by the regulations have been added;
petroleum access authority means a petroleum access authority under Part 3;
petroleum exploration operation means an operation to explore for petroleum or a regulated substance, and the carrying on of operations and the execution of works necessary for that purpose;
petroleum exploration permit —
(a)means a petroleum exploration permit under Part 3; and
(b)includes a boundary‑change permit;
petroleum lease area means the area constituted by the blocks that are the subject of a petroleum retention lease;
petroleum lessee means the registered holder of a petroleum retention lease;
petroleum licence area means the area constituted by the blocks that are the subject of a petroleum production licence;
petroleum licensee means the registered holder of a petroleum production licence;
petroleum operation —
(a)means any of the following carried out in the adjacent area —
(i)a petroleum exploration operation;
(ii)an operation to drill for petroleum or a regulated substance, and the carrying on of operations and the execution of works necessary for that purpose;
(iii)an operation to recover petroleum or a regulated substance, and the carrying on of operations and the execution of works necessary for that purpose;
(iv)the care and maintenance of land, waters or infrastructure affected by an operation referred to in subparagraphs (i) to (iii);
(v)the decommissioning of an operation referred to in subparagraphs (i) to (iii);
(vi)the rehabilitation of the land or waters affected by an operation referred to in subparagraphs (i) to (iii);
but
(b)does not include an operation of a kind that is prescribed by the regulations not to be a petroleum operation;
petroleum permit area means the area constituted by the blocks that are the subject of a petroleum exploration permit;
petroleum permittee means the registered holder of a petroleum exploration permit;
petroleum pipeline means —
(a)a pipe, or system of pipes, in the adjacent area as defined in section 60K(2) for conveying petroleum (whether or not the petroleum is recovered from the adjacent area), other than a secondary line; or
(b)a part of a pipe covered by paragraph (a); or
(c)a part of a system of pipes covered by paragraph (a);
petroleum production licence means a petroleum production licence under Part 3;
petroleum retention lease means a petroleum retention lease under Part 3;
petroleum special prospecting authority means a petroleum special prospecting authority under Part 3;
pipeline means —
(a)a petroleum pipeline; or
(b)a greenhouse gas pipeline;
pipeline licence means a licence under Part 3 to construct and operate a pipeline;
pipeline licence offer notice means a notice given under section 64G(2), (3) or (4), 64H(2) or (3), 64I(2), (3) or (4), 64J(2), (3) or (4) or 64K(2) or (3);
pipeline licensee means the registered holder of a pipeline licence;
pipeline operator under the Commonwealth Act or a corresponding law has the meaning given in section 60L;
potential GHG injection site means a place that is a suitable place to make a well or wells to inject a greenhouse gas substance into a part of a geological formation;
potential GHG storage formation has the meaning given in section 4A(1);
pre‑certificate notice has the meaning given in section 74AT(2);
primary entitlement means —
(a)in relation to a petroleum permittee, the number of blocks forming part of a location in the petroleum permit area in respect of which that petroleum permittee may make an application under section 40(1); and
(b)in relation to a petroleum lessee, the number of blocks in the petroleum lease area in respect of which that petroleum lessee may make an application under section 40A(1);
primary greenhouse gas substance means —
(a)carbon dioxide; or
(b)a prescribed greenhouse gas;
primary licence means a petroleum production licence granted on an application under section 40(1) or (2) or 40A(1) or (2);
pumping station means equipment for pumping petroleum, a regulated substance or water and includes any structure associated with that equipment;
register means the register kept under Part 3 Division 5;
registered holder, in relation to a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority, means the person whose name is for the time being shown in the register as being the holder of the permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority;
Registration Fees Act means the Petroleum and Greenhouse Gas Storage (Submerged Lands) Registration Fees Act 1982;
regulated substance means a naturally occurring substance that —
(a)occurs in a natural geological formation; and
(b)is prescribed by the regulations;
regulations means regulations made under section 152;
relinquished area means —
(a)in relation to a permit, lease or licence that has expired, the area constituted by the blocks in respect of which the permit, lease or licence was in force but has not been renewed; and
(b)in relation to a permit or lease that has been wholly determined or partly determined, the area constituted by the blocks as to which the permit or lease was so determined; and
(c)in relation to a permit or licence that has been wholly cancelled or partly cancelled, the area constituted by the blocks as to which the permit or licence was so cancelled; and
(ca)in relation to a lease that has been wholly cancelled, the area constituted by the blocks in respect of which the lease was in force; and
(da)in relation to an infrastructure licence that has been surrendered, cancelled or terminated, the place that constituted the infrastructure licence area; and
(d)in relation to a pipeline licence that is no longer in force, the part of the adjacent area in which the pipeline was constructed; and
(e)in relation to a pipeline licence that has been wholly cancelled or partly cancelled, the part of the adjacent area in which the pipeline or the part of the pipeline, as the case may be, was constructed; and
(f)in relation to a special prospecting authority or access authority that has been surrendered or cancelled, or has expired, the area constituted by the blocks in respect of which that authority was in force;
report means a report, return or other document in connection with, or in connection with operations under, any of the following —
(a)an access authority or special prospecting authority;
(b)an instrument of consent under section 123;
(c)a lease;
(d)a licence, infrastructure licence or pipeline licence;
(e)a permit;
resources pool means a naturally occurring discrete accumulation of petroleum or a regulated substance;
royalty period, in relation to a permit or licence, means —
(a)the period from and including the date from which the permit or licence has effect to the end of the month of the year during which that date occurs; and
(b)each month thereafter;
royalty value has the meaning applicable under section 145A(1) or (2);
scheduled area means the scheduled area for Western Australia described in Schedule 2;
secondary licence means a licence granted on an application under section 40(3) or 40A(3);
secondary line means a pipe, or system of pipes, for —
(a)returning petroleum to a natural reservoir; or
(b)conveying petroleum for use for petroleum exploration operations; or
(c)conveying petroleum for use for petroleum recovery operations; or
(d)conveying petroleum that is to be flared or vented; or
(e)conveying petroleum from a well, wherever located, to a terminal station without passing through another terminal station, whether or not the terminal station to which the petroleum is conveyed is in the adjacent area as defined in section 60K(2);
site closing certificate has the meaning given in section 74AX(2);
site plan means a document that —
(a)relates to an identified GHG storage formation; and
(b)complies with any requirements specified in the regulations; and
(c)is divided into the following parts —
(i)Part A, which sets out predictions for the behaviour of a greenhouse gas substance stored in the identified GHG storage formation;
(ii)Part B, which deals with other matters;
spatial extent, of an eligible GHG storage formation, has the meaning given in section 4B(3);
special prospecting authority means —
(a)a petroleum special prospecting authority; or
(b)a GHG special prospecting authority;
tank station means a tank or system of tanks for holding or storing petroleum or a regulated substance and includes any structure associated with that tank or system of tanks;
terminal point means a terminal point declared under section 63A(1);
terminal station means a pumping station, a tank station or a valve station declared to be a terminal station under section 63 or under the Commonwealth Act or a corresponding law;
territorial sea means the territorial sea of Australia and includes the territorial sea adjacent to any island forming part of Western Australia;
valve station means equipment for regulating the flow of petroleum or a regulated substance and includes any structure associated with that equipment;
vessel means a vessel used in navigation, other than air navigation, and includes a barge, lighter or other floating vessel;
water line means a pipe or system of pipes for conveying water in connection with petroleum operations or operations for the recovery of petroleum or a regulated substance;
well means a hole in the seabed or subsoil made by drilling, boring or any other means in connection with exploration for petroleum or a regulated substance, operations for the recovery of petroleum or a regulated substance or GHG operations, but does not include a seismic shot hole;
wholly cancelled, in relation to a permit, lease, licence or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit, lease, licence or pipeline licence;
wholly determined, in relation to a permit or lease, means determined as to all the blocks the subject of the permit or lease.
(2)Notes in this Act are provided to assist understanding and do not form part of the Act.
[Section 4 amended: No. 12 of 1990 s. 160; No. 11 of 1994 s. 8; No. 13 of 2005 s. 34; No. 42 of 2010 s. 65; No. 57 of 2011 s. 4; No. 7 of 2017 s. 26; No. 36 of 2020 s. 335; No. 17 of 2024 s. 211, 260, 261 and 264.]
4A.Potential GHG storage formation
(1)For the purposes of this Act, a potential GHG storage formation is a part of a geological formation that is suitable for the permanent storage of a greenhouse gas substance injected into that part.
(2)For the purposes of subsection (1), it is not necessary to identify the greenhouse gas substance.
(3)For the purposes of subsection (1), in determining whether a part of a geological formation is suitable for the permanent storage of a greenhouse gas substance injected into that part, regard may be had to reasonably foreseeable technological developments.
[Section 4A inserted: No. 17 of 2024 s. 265.]
4B.Eligible GHG storage formation and related terms
(1)For the purposes of this Act, an eligible GHG storage formation is a part of a geological formation that is suitable for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period.
(2)An amount referred to in subsection (1) must be at least 100 000 tonnes.
(3)For the purposes of this Act, the spatial extent of an eligible GHG storage formation is the expected migration pathway or pathways of the particular amount of the particular greenhouse gas substance injected as referred to in subsection (1), over the period —
(a)beginning at the start of the particular period referred to in that subsection; and
(b)ending at the notional site closing certificate time as defined in subsection (8).
(4)In determining the spatial extent of an eligible GHG storage formation, regard must be had to —
(a)the fundamental suitability determinants; and
(b)any other relevant matters.
(5)The regulations may provide that the expected migration pathway or pathways are to be ascertained for the purposes of subsection (3) on the basis of —
(a)1 or more assumptions (if any) specified in the regulations; and
(b)a level of probability specified in the regulations; and
(c)a methodology (if any) specified in the regulations.
(6)For the purposes of the application of this section to a part of a geological formation covered by subsection (1), the notional site closing certificate time is worked out by —
(a)assuming that the particular amount of the particular greenhouse gas substance referred to in that subsection was injected at the particular point or points referred to in that subsection over the particular period referred to in that subsection; and
(b)assuming that, throughout that period, that part was an identified GHG storage formation; and
(c)assuming that, throughout that period, operations for the injection of the greenhouse gas substance into that part —
(i)were authorised by a GHG injection licence; and
(ii)complied with the requirements of this Act and the regulations;
and
(d)assuming that, at the end of that period, operations for the injection of the greenhouse gas substance into that part ceased; and
(e)estimating the earliest time after the end of that period when the Minister would be in a position to issue a site closing certificate in relation to the identified GHG storage formation.
(7)When making an estimate under subsection (6)(e), section 74AS is to be disregarded.
(8)The notional site closing certificate time is the time estimated under subsection (6)(e).
(9)For the purposes of this Act, the following are the fundamental suitability determinants of an eligible GHG storage formation —
(a)the particular amount referred to in subsection (1);
(b)the particular greenhouse gas substance referred to in subsection (1);
(c)the particular point or points referred to in subsection (1);
(d)the particular period referred to in subsection (1);
(e)the effective sealing feature or attribute that enables the permanent storage referred to in subsection (1).
[Section 4B inserted: No. 17 of 2024 s. 265.]
4C.Incidental greenhouse gas‑related substance
(1)This section applies if a primary greenhouse gas substance is captured from a particular source material.
(2)For the purposes of this Act, each of the following is an incidental greenhouse gas‑related substance in relation to a primary greenhouse gas substance —
(a)any substance that is incidentally derived from the source material;
(b)any substance that is incidentally derived from the capture;
(c)if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is transported — any substance that is incidentally derived from the transportation;
(d)if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is injected into a part of a geological formation — any substance that is incidentally derived from the injection;
(e)if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is stored in a part of a geological formation — any substance that is incidentally derived from the storage.
[Section 4C inserted: No. 17 of 2024 s. 265.]
4D.Greenhouse gas substance or GHG
(1)For the purposes of this Act, each of the following is a greenhouse gas substance or GHG —
(a)a primary greenhouse gas substance, whether in a gaseous or liquid state;
(b)subject to subsection (2), a mixture of a substance referred to in paragraph (a) with —
(i)1 or more incidental greenhouse gas‑related substances, whether in a gaseous or liquid state, that relate to a substance referred to in paragraph (a); or
(ii)a detection agent, whether in a gaseous or liquid state.
(2)Subsection (1)(b) applies only if —
(a)the mixture consists overwhelmingly of a primary greenhouse gas substance, whether in a gaseous or liquid state; and
(b)in a case where the mixture includes a detection agent — the concentration of the detection agent in the mixture is not more than the concentration prescribed in relation to that detection agent.
[Section 4D inserted: No. 17 of 2024 s. 265.]
5.Further provisions as to adjacent area
(1)For the purposes of subsection (2A), assume that the breadth of the territorial sea had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.
(2A)In this Act, unless the contrary intention appears —
adjacent area means —
(a)so much of the scheduled area as consists of the territorial sea; and
(b)subject to subsection (2), any area that —
(i)is within the scheduled area; and
(ii)is on the landward side of the territorial sea and not within the limits of Western Australia; and
(iii)was, immediately before 14 February 1983, the subject of an exploration permit for petroleum subsisting under the Petroleum (Submerged Lands) Act 1967 (Commonwealth).
(2)Upon an area described in paragraph (b) of the definition of adjacent area in subsection (2A) becoming an area which is —
(a)not the subject of a permit; and
(aa)not the subject of a lease; and
(b)not the subject of a licence; and
(c)not the subject of an application for a lease or licence,
the area ceases to be part of the adjacent area.
[Section 5 amended: No. 12 of 1990 s. 161; No. 42 of 2010 s. 66.]
6A.Effect of alteration of adjacent area
Commonwealth instrument means an instrument under the Commonwealth Act that confers, in relation to the offshore area, some or all of the rights that a Territory instrument confers in relation to the adjacent area;
Territory instrument means a permit, lease, licence, infrastructure licence or pipeline licence.
(2)This section applies to a change to the boundary of the adjacent area whether occurring before, on or after the day on which the Petroleum and Energy Legislation Amendment Act 2010 section 67 comes into operation.
(3)If —
(a)a Territory instrument has been granted on the basis that an area (the first area) is within the adjacent area; and
(b)as a result of a change to the boundary of the adjacent area the first area —
(i)ceases to be within the adjacent area; and
(ii)falls within the offshore area,
this Act applies in relation to the Territory instrument as if the first area were still within the adjacent area.
(4)Subsection (3) continues to apply to the first area only while the Territory instrument remains in force.
(a)a Commonwealth instrument has been granted on the basis that an area (the second area) is within the offshore area; and
(b)as a result of a change to the boundary of the adjacent area the second area —
(ii)falls within the adjacent area,
then, so far as the Commonwealth instrument is concerned, this Act does not apply to the second area.
(6)Subsection (5) continues to apply to the second area only while the Commonwealth instrument remains in force.
[Section 6A inserted No. 42 of 2010 s. 67; amended: No. 7 of 2017 s. 27; No. 17 of 2024 s. 266.]
6B.Infrastructure facilities
(1)In this Act —
infrastructure facilities means facilities for engaging in any of the activities mentioned in subsection (2) or (3), being —
(a)facilities that are resting on the seabed; or
(b)facilities (including facilities that are floating) that are fixed or connected to the seabed; or
(c)facilities that are attached or tethered to facilities referred to in paragraph (a) or (b).
(2)The activities referred to in subsection (1) are the following —
(a)remote control of facilities used for the recovery of petroleum in a licence area;
(b)processing petroleum recovered in any place, including —
(i)converting petroleum into another form by physical or chemical means or both (for example, converting it into liquefied natural gas or methanol); and
(ii)partial processing of petroleum (for example, by the removal of water);
(c)storing petroleum before it is transported to another place;
(d)preparing petroleum (for example, by operations such as pumping or compressing) for transport to another place;
(e)activities related to any of the above,
but, except as mentioned in paragraph (a), do not include engaging in the exploration for, or recovery of, petroleum.
(3)The activities referred to in subsection (1) are the following —
(a)activities preparatory to injecting a greenhouse gas substance into an identified GHG storage formation (for example, controlling the flow of a greenhouse gas substance into the relevant well);
(b)preparing a greenhouse gas substance for injection into an identified GHG storage formation (for example, pumping, processing or compressing);
(c)preparing a greenhouse gas substance for transport to another place (for example, pumping or compressing);
(d)storing a greenhouse gas substance before it is —
(i)transported to another place; or
(ii)injected into an identified GHG storage formation; or
(iii)subjected to any other activity at a facility, structure or installation;
(e)monitoring the behaviour of a greenhouse gas substance stored in an identified GHG storage formation;
(f)remote control of facilities, structures or installations used to —
(i)inject a greenhouse gas substance into an identified GHG storage formation; or
(ii)store a greenhouse gas substance in an identified GHG storage formation; or
(iii)do anything referred to in paragraphs (a) to (e);
(g)activities related to anything referred to in paragraphs (a) to (f).
(4)For the purposes of subsection (3), the injection of a greenhouse gas substance into an identified GHG storage formation is taken to take place at the top of the relevant well.
[Section 6B inserted No. 42 of 2010 s. 67; amended: No. 17 of 2024 s. 267.]
6.Meaning of certain references in Act
(1)In this Act, a reference to the term of a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority is a reference to the period during which the permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority remains in force and a reference to the date of expiration of a permit, lease, licence, special prospecting authority or access authority is a reference to the day on which the permit, lease, licence, special prospecting authority or access authority ceases to be in force.
(2)In this Act, a reference to a year of the term of a permit, lease, licence, infrastructure licence or pipeline licence is a reference to a period of one year commencing on the day on which the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, comes into force or on any anniversary of that day.
(3)In this Act, a reference to the renewal, or to the grant of a renewal, of a permit is a reference to the grant of a permit in respect of all or some of the blocks specified in the first‑mentioned permit to commence on the day after the date of expiration of the first‑mentioned permit or on the day after the date of expiration of the permit granted upon a previous renewal of the first‑mentioned permit.
(3a)In this Act, a reference to the renewal, or to the grant of a renewal, of a lease is a reference to the grant of a lease in respect of the blocks in respect of which the first‑mentioned lease was in force to commence on the day after the date of expiration of the first‑mentioned lease or on the day after the date of expiration of the lease granted upon a previous renewal of the first‑mentioned lease.
(4)In this Act, a reference to the renewal, or to the grant of a renewal, of a licence in respect of the blocks specified in the licence is a reference to the grant of a licence in respect of those blocks to commence on the day after the date of expiration of the first‑mentioned licence or on the day after the date of expiration of the licence granted upon a previous renewal of the first‑mentioned licence.
[(5)deleted]
(6)In this Act, a reference to a pipeline includes a reference to a part of a pipeline.
(7)In this Act, a reference to a permit, lease, licence, infrastructure licence, pipeline licence or access authority is a reference to the permit, lease, licence, infrastructure licence, pipeline licence or access authority as varied for the time being under this Act.
(8)The power conferred by this Act to make grant or issue any instrument shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to repeal, rescind, revoke, amend or vary any such instrument.
[Section 6 amended: No. 12 of 1990 s. 162; No. 42 of 2010 s. 68.]
7.Space above and below adjacent area
For the purposes of this Act —
(a)the space above or below the adjacent area shall be deemed to be in that area; and
(b)the space above or below an area that is part of the adjacent area shall be deemed to be in that part.
[Section 7 amended: No. 13 of 2005 s. 46(1).]
8.Application of Act
This Act applies to all natural persons, whether Australian citizens or not and whether resident in Western Australia or not, and to all corporations, whether incorporated or carrying on business in Western Australia or not.
9.Resources pool extending into 2 licence areas or other areas
Joint Authority has the meaning given in the Commonwealth Act section 7.
(1)Where a well‑head is situated in a licence area or in an area in respect of which an access authority is in force (in this subsection called an access authority area) and the well from that well‑head is inclined so as to enter a resources pool, being a pool that does not extend to that licence area or access authority area, at a place within an adjoining licence area of the same licensee or registered holder of the access authority, any petroleum or regulated substance recovered through that well is taken to have been recovered in that adjoining licence area under the licence in respect of that area.
(2)Where a resources pool is partly in 1 licence area and partly in an adjoining licence area of the same licensee and petroleum or a regulated substance is recovered from that pool through a well or wells in 1 or both of the licence areas, there is taken to have been recovered in each of the licence areas, under the licence in respect of that area, such proportion of all petroleum or regulated substances so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and the respective proportions must be determined in accordance with subsection (3).
(3)The proportions to be determined for the purposes of subsection (2) may be determined by agreement between the licensee and the Minister or, in the absence of agreement, may be determined by the Supreme Court on the application of the licensee or the Minister.
(4)Where a resources pool is partly in a licence area and partly in an area (in this subsection referred to as the Commonwealth licence area) in which the licensee has authority under the Commonwealth Act to explore for, or recover, petroleum or a regulated substance, and petroleum or a regulated substance is recovered from that pool through a well or wells in the licence area, the Commonwealth licence area or both, there is taken to have been recovered in the licence area such proportion of all petroleum or regulated substances so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and that proportion must be determined in accordance with subsection (5).
(5)The proportion to be determined for the purposes of subsection (4) may be determined by agreement between the licensee, the Joint Authority and the Minister or, in the absence of agreement, may be determined by the Supreme Court on the application of the licensee, the Joint Authority or the Minister.
(6)Where a resources pool is partly in a licence area and partly in an area (in this subsection called the other licence area) in which the licensee has authority, under a corresponding law, to explore for or recover petroleum or a regulated substance, and petroleum or a regulated substance is recovered from that pool through a well or wells in the licence area, the other licence area or both, there is taken to have been recovered in the licence area such proportion of all petroleum or regulated substances so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and that proportion must be determined in accordance with subsection (7).
(7)The proportion to be determined for the purposes of subsection (6) may be determined by agreement between the licensee, the Minister and the Minister administering the corresponding law or, in the absence of agreement, may be determined by the Supreme Court on the application of any of those persons.
(7A)If a resources pool is partly in a licence area and partly in another area (in this subsection called the other area) in which the licensee has authority, under another written law, to explore for or recover petroleum or a regulated substance, and petroleum or a regulated substance is recovered from that pool through a well or wells in the licence area, the other area or both, there is taken to have been recovered in the licence area such proportion of all petroleum or regulated substances so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and that proportion is to be determined in accordance with subsection (7B).
(7B)The proportion to be determined for the purposes of subsection (7A) may be determined by agreement between the licensee, the Minister and, if the other written law is administered by a Minister of the Crown other than the Minister, that Minister of the Crown or, in the absence of agreement, may be determined by the Supreme Court on the application of any of those persons.
(a)a resources pool is partly in a licence area and partly in another area, being an area which is outside the adjacent area and in which the licensee has, under the Commonwealth Act or a corresponding law, authority to explore for, or recover, petroleum or a regulated substance; and
(b)petroleum or a regulated substance is recovered from that pool; and
(c)the Supreme Court of another State or of the Northern Territory makes a determination, under the Commonwealth Act or a corresponding law, of the proportion of the petroleum or regulated substance recovered from that pool that is, for the purposes of the Commonwealth Act or the corresponding law, to be deemed to have been recovered from the other area,
the Supreme Court must not make a determination under this section that is inconsistent with the determination of the Supreme Court of the other State or of the Northern Territory.
(8A)If —
(a)an agreement is in force to explore for, or recover, petroleum or a regulated substance between —
(i)a licensee, the Joint Authority and the Minister in relation to a resources pool that is partly in the licence area and partly in another area (the other area) in which the licensee has authority under the Commonwealth Act; or
(ii)a licensee, the Minister and the Minister administering a corresponding law in relation to a resources pool that is partly in the licence area and partly in another area (the other area) in which the licensee has authority under the corresponding law; or
(iii)a licensee, the Minister and, if the other written law mentioned in this subparagraph is administered by a Minister of the Crown other than the Minister, that Minister of the Crown in relation to a resources pool that is partly in the licence area and partly in another area (the other area) in which the licensee has authority under another written law;
and
(b)the agreement contains a provision (the apportionment provision) that provides that, for the purposes of this section, there is taken to be recovered in the licence area a specified proportion of all of the petroleum or regulated substances recovered from the resources pool; and
(c)assuming that petroleum or regulated substances were recovered from the part of the seabed that is within the areal and vertical extents specified in the agreement, the specified proportion would be consistent with such proportion of all petroleum or regulated substances so recovered as may reasonably be treated as being derived from the licence area, having regard to the nature and probable extent of the petroleum or regulated substances in that part of the seabed; and
(d)the agreement contains a provision to the effect that if it becomes apparent that the areal and vertical extents of the resources pool, as specified in the agreement, comprise or are likely to comprise more than 1 resources pool, the apportionment set out in the apportionment provision will apply to the petroleum or regulated substances recovered from any or all of those resources pools, regardless of their location but within those areal and vertical extents; and
(e)after the time of the making of the agreement, it becomes apparent that the areal and vertical extents of the resources pool, as specified in the agreement, comprise, or are likely to comprise, 2 or more resources pools; and
(f)petroleum or a regulated substance is recovered from any of those resources pools through a well or wells in the licence area, the other area or both,
(g)for the purposes of this Act, there is taken to have been recovered in the licence area such proportion of all petroleum or regulated substances so recovered as is specified in the apportionment provision; and
(h)subsection (4), (6) or (7A), as the case requires, does not apply to any of those resources pools.
(8B)The question of whether there is or was a resources pool covered by subsection (8A)(a) is to be determined on the basis of information known at the time of the making of the relevant agreement referred to in that provision.
(8C)The question of whether subsection (8A)(c) applies is to be determined on the basis of information known at the time of the commencement of the apportionment provision.
(8D)The location of any of the 2 or more resources pools mentioned in subsection (8A)(e) is immaterial.
(8E)If —
(a)at a particular time after the commencement day, a resources pool is partly in a licence area and partly in another area (the other area) in which the licensee has authority under the Commonwealth Act, a corresponding law or another written law to explore for, or recover, petroleum or a regulated substance; and
(b)at that time, an agreement is made between —
(i)if the licensee has authority under the Commonwealth Act — the licensee, the Joint Authority and the Minister; or
(ii)if the licensee has authority under a corresponding law — the licensee, the Minister and the Minister administering the corresponding law; or
(iii)if the licensee has authority under another written law — the licensee, the Minister and, if the other written law is administered by a Minister of the Crown other than the Minister, that Minister of the Crown;
and
(c)the agreement specifies a part of the seabed by reference to its areal and vertical extents; and
(d)the areal and vertical extents of the specified part consist of —
(i)the whole or a part of the licence area; and
(ii)the whole or a part of the other area;
and
(e)the areal and vertical extents of the specified part include the resources pool; and
(f)the agreement contains a provision (the apportionment provision) that provides that, for the purposes of this section, there is taken to be recovered in the licence area a specified proportion of all of the petroleum or regulated substances recovered from the specified part; and
(g)assuming that petroleum or regulated substances were recovered from the specified part, the specified proportion would be consistent with such proportion of all petroleum or regulated substances so recovered as may reasonably be treated as being derived from the licence area, having regard to the nature and probable extent of the petroleum or regulated substances in the specified part; and
(h)petroleum or a regulated substance is recovered from the specified part through a well or wells in the licence area, the other area or both,
(i)for the purposes of this Act, there is taken to have been recovered in the licence area such proportion of all petroleum or regulated substances so recovered as is specified in the apportionment provision; and
(j)subsection (4), (6) or (7A), as the case requires, does not apply to a resources pool located in the specified part.
(8F)The question of whether there is or was a resources pool covered by subsection (8E)(a) at a particular time is to be determined on the basis of information known at that time.
(8G)The question of whether subsection (8E)(g) applies is to be determined on the basis of information known at the time of the commencement of the apportionment provision.
(8H)In subsection (8E)(a) —
commencement day means the day on which the Petroleum Legislation Amendment Act 2017 section 28 comes into operation.
(9)Where —
(a)a resources pool is partly in a licence area and partly in another area, whether in the adjacent area or not, in respect of which another person has authority, whether under this Act, another written law, the Commonwealth Act or a corresponding law, to explore for or recover petroleum or a regulated substance; and
(b)a unit development agreement in accordance with section 59 is in force between the licensee and that other person; and
(c)petroleum or a regulated substance is recovered from that pool through a well or wells in the licence area, the other area or both,
there is taken to have been recovered in the licence area such proportion of all petroleum or regulated substances so recovered as is specified in, or determined in accordance with, the agreement.
(10)In this section a reference to a licence, a licensee or a licence area must be read as including a reference to a permit and a lease, a permittee and a lessee or a permit area and a lease area.
[Section 9 amended: No. 12 of 1990 s. 163; No. 7 of 2017 s. 28; No. 17 of 2024 s. 259‑261.]
10.Position on Earth’s surface
(1)Where, for the purposes of this Act, or for the purposes of an instrument under this Act, it is necessary to determine the position on the surface of the Earth of a point, line or area, that position is to be determined by reference to the prescribed Australian datum.
(2)A datum may be prescribed for all or some of the purposes referred to in subsection (1), and different datums may be prescribed for different purposes.
(3)Regulations that prescribe a datum for a purpose referred to in subsection (1), or amend that datum or prescribe another datum to replace that datum, may make any transitional or savings provisions that are necessary or convenient to be made —
(a)in relation to permits, leases, licences, pipeline licences, special prospecting authorities or access authorities granted before the regulations take effect; or
(b)in relation to applications for permits, leases, licences, pipeline licences, special prospecting authorities or access authorities pending when the regulations take effect; or
(c)for any other purpose.
(4)Regulations referred to in subsection (3) may modify or otherwise affect the operation of this Act.
(5)Without limiting subsection (2), a datum is to be prescribed by regulations referred to in this section for the purposes of the determination of the position on the surface of the Earth of the boundary of the area described in Schedule 2.
[Section 10 inserted: No. 54 of 2000 s. 8(2); amended: No. 13 of 2005 s. 46(2).]
Part II — Administration of the offshore area
[Heading amended: No. 42 of 2010 s. 69.]
11.Term used: Commonwealth Act
In this Part —
Commonwealth Act means —
(a)the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth); or
(b)the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 2 (Commonwealth); or
(c)the Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2006 3 (Commonwealth); or
[Section 11 inserted: No. 42 of 2010 s. 70; amended: No. 7 of 2017 s. 29.]
12.Minister as member of Joint Authority
(1)The Minister may exercise any power which a Commonwealth Act is expressed to authorise him to exercise as a member of the Joint Authority.
(2)The Minister shall perform any function or duty which a Commonwealth Act is expressed to require him to perform as a member of the Joint Authority.
[Section 12 amended: No. 42 of 2010 s. 71.]
[13, 14.Deleted: No. 7 of 2017 s. 30.]
15.Public service officers performing functions under Commonwealth Act
officer means a public service officer employed in the Department.
(2)An officer is to perform any function or duty that the Minister, as a member of the Joint Authority, requires the officer to perform in relation to a Commonwealth Act.
[Section 15 inserted: No. 7 of 2017 s. 31; amended: No. 17 of 2024 s. 213.]
[Part IIA (s. 15A) deleted: No. 36 of 2020 s. 337.]
Part 3 — Operations relating to recovery of petroleum or regulated substances or GHG injection, storage and transport
[Heading inserted: No. 17 of 2024 s. 268.]
16.Delegation
(1)The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him delegate to a person any of his powers, functions or duties under this Act, other than this power of delegation.
(2)A power, function or duty so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister.
(3)A delegation under this section may be expressed as a delegation to the person for the time being holding, or performing the duties of, a specified office under the Commonwealth, a State or a Territory.
(4)A delegation under this section made at any time by a person who is at that time the Minister continues in force notwithstanding that at some subsequent time a different person is the Minister or there is no person who is the Minister, but such a delegation may be revoked or varied by any person who is for the time being the Minister.
(5)A delegation under this section of a power, function or duty does not prevent the exercise of the power or performance of the function or duty by the Minister.
(6)A copy of each instrument making, varying or revoking a delegation shall be published in the Gazette.
[Section 16 amended: No. 13 of 2005 s. 46(2).]
17.Graticulation of Earth’s surface
(1)For the purposes of this Act, the surface of the earth shall be deemed to be divided —
(a)by the meridian of Greenwich and by meridians that are at a distance from that meridian of 5 minutes, or a multiple of 5 minutes, of longitude; and
(b)by the equator and by parallels of latitude that are at a distance from the equator of 5 minutes, or a multiple of 5 minutes, of latitude,
into sections, each of which is bounded —
(c)by portions of 2 of those meridians that are at a distance from each other of 5 minutes of longitude; and
(d)by portions of 2 of those parallels of latitude that are at a distance from each other of 5 minutes of latitude.
(2)For the purposes of this Act —
(a)a graticular section that is wholly within the adjacent area constitutes a block; and
(b)if a part only of a graticular section is, or parts only of a graticular section are, within the adjacent area, the area of that part, or of those parts, constitutes a block.
(3)In this Act —
(a)a reference to a block that is constituted by a graticular section includes a reference to a block that is constituted by the area of a part only, or by the areas of parts only, of a graticular section; and
(b)a reference to a graticular section that constitutes a block includes a reference to a graticular section part only of which constitutes, or parts only of which constitute, a block.
(4)Without limiting subsection (2) of section 10, a datum is to be prescribed by regulations referred to in that section for the purposes of the determination of the position on the surface of the Earth of a graticular section or a block.
[Section 17 amended: No. 54 of 2000 s. 8(3).]
18.Reservation of blocks
(1)The Minister may, by instrument published in the Gazette, declare that a permit, lease, licence, infrastructure licence, special prospecting authority or access authority must not be granted in respect of a block specified in the instrument and that a pipeline licence must not be granted in respect of a pipeline over or in that block.
(2A)A declaration cannot be made under subsection (1) in respect of a block in respect of which a permit, lease, licence or infrastructure licence is in force or over or in which there is a pipeline.
(2)While a declaration under subsection (1) remains in force in respect of a block, a permit, lease, licence, infrastructure licence, special prospecting authority or access authority must not be granted in respect of that block and a pipeline licence must not be granted in respect of a pipeline over or in that block.
(3)The Minister may, by instrument published in the Gazette, declare that a block specified in the instrument must not be the subject of a GHG exploration permit, GHG retention lease, GHG injection licence, GHG special prospecting authority or GHG access authority.
(4)A declaration cannot be made under subsection (3) in respect of a block in respect of which a GHG exploration permit, GHG retention lease or GHG injection licence is in force.
(5)While a declaration under subsection (3) remains in force in respect of a block, a GHG exploration permit, GHG retention lease, GHG injection licence, GHG special prospecting authority or GHG access authority must not be granted in respect of that block.
[Section 18 amended: No. 12 of 1990 s. 164; No. 42 of 2010 s. 75; No. 17 of 2024 s. 261 and 269.]
18A.Issue of permits etc. in marine reserves
(1)Before granting or renewing a permit, access authority, special prospecting authority, lease or licence in respect of any marine reserve, the Minister shall first notify the Minister for the time being charged with the administration of the Conservation and Land Management Act 1984.
(2)In this section —
marine reserve means a marine nature reserve, marine park or marine management area within the meaning of the Conservation and Land Management Act 1984.
[Section 18A inserted: No. 5 of 1997 s. 44.]
Division 2 — Exploration permits
[Heading amended: No. 17 of 2024 s. 260 and 270.]
19.Exploration for petroleum, regulated substances, potential GHG storage formations and potential GHG injection sites restricted
explore for, in relation to petroleum, a regulated substance, a potential GHG storage formation or a potential GHG injection site, includes to conduct any geophysical survey the data from which is intended for use in the search for petroleum, a regulated substance, a potential GHG storage formation or a potential GHG injection site.
(1)A person must not explore for petroleum or a regulated substance in the adjacent area except —
(a)under and in accordance with a petroleum exploration permit; or
Penalty for this subsection: imprisonment for 5 years or a fine of $50 000.
(2)A person must not explore for a potential GHG storage formation or a potential GHG injection site in the adjacent area except —
(a)under and in accordance with a GHG exploration permit; or
Penalty for this subsection: imprisonment for 5 years or a fine of $50 000.
[Section 19 amended: No. 28 of 1994 s. 80; No. 42 of 2010 s. 171; No. 17 of 2024 s. 260, 261 and 271.]
20.Advertisement of blocks
(1)The Minister may, by instrument published in the Gazette —
(a)invite applications for the grant of a permit in respect of the block or blocks specified in the instrument; and
(b)specify a period within which applications may be made.
(2)The Minister may, for reasons that the Minister thinks sufficient, in an instrument under subsection (1), direct that section 21(2) or (3) does not apply, or that both of those subsections do not apply, to or in relation to the applications.
(3)The Minister may, in an instrument under subsection (1) inviting applications for the grant of a GHG exploration permit, direct that the applications be accompanied by —
(a)information concerning the source, volume and composition of the greenhouse gas substance that is proposed to be initially injected and stored; and
(b)any other information the Minister considers relevant.
[Section 20 amended: No. 12 of 1990 s. 165; No. 17 of 2024 s. 261 and 272.]
20A.Petroleum lessee or licensee to be notified of proposal to advertise certain blocks
(a)the Minister proposes to publish an instrument under section 20(1) inviting applications for the grant of a GHG exploration permit in respect of a block or blocks that is or are the subject of a petroleum retention lease or petroleum production licence; and
(b)at the time of the proposal, the petroleum lessee or petroleum licensee is entitled to apply for the grant of a GHG retention lease or GHG injection licence over the block or blocks.
(2)The Minister must, at least 60 days before the proposed publication of the instrument, notify the petroleum lessee or petroleum licensee of the proposed publication.
(3)Subsection (4) applies if the petroleum lessee or petroleum licensee makes an application referred to in subsection (1)(b) during the period —
(a)beginning when the petroleum lessee or petroleum licensee is given the notification under subsection (2); and
(b)ending at the end of the day before the day of proposed publication of the instrument.
(4)The Minister must not publish the instrument until —
(a)the application lapses; or
(b)the petroleum lessee or petroleum licensee withdraws the application; or
(c)the Minister refuses to grant the GHG retention lease or GHG injection licence.
[Section 20A inserted: No. 17 of 2024 s. 273.]
21.Application for permits
(1)An application under section 20 —
(c)in the case of an application for a petroleum exploration permit — must be in respect of not more than 400 blocks; and
(d)must be accompanied by particulars of —
(i)the proposals of the applicant for work and expenditure in respect of the blocks specified in the application; and
(ii)the technical qualifications of the applicant and of his employees; and
(iii)the technical advice available to the applicant; and
(iv)the financial resources available to the applicant;
and
(da)in the case of an application for a petroleum exploration permit — may include an application for an approval for the purposes of section 28(2)(a); and
(db)in the case of an application for a GHG exploration permit — must be accompanied by any information required under section 20(3); and
(e)may set out other matters that the applicant wishes the Minister to consider; and
(f)must be accompanied by the prescribed fee.
(2)The number of blocks specified in the application —
(a)if 16 blocks or more are available, must not be less than 16; or
(b)if less than 16 blocks are available, must be the number available.
(3)The blocks specified in the application must be blocks that are constituted by graticular sections that —
(a)constitute a single area; and
(b)are such that each graticular section in that area has a side in common with at least 1 other graticular section in that area.
(4)The Minister may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the time specified in the instrument, further information in writing in connection with the application.
[Section 21 amended: No. 12 of 1990 s. 166; No. 42 of 2010 s. 76; No. 17 of 2024 s. 216, 261 and 274.]
22A.Competing applications for same block
(a)2 or more applications are made under section 20 for the grant of a petroleum exploration permit for the same block or blocks; or
(b)2 or more applications are made under section 20 for the grant of a GHG exploration permit for the same block or blocks.
(2)The Minister may grant the permit to whichever applicant, in the Minister’s opinion, is most deserving of the grant of the permit having regard to criteria made publicly available by the Minister.
(3)For the purposes of subsection (2), the Minister may rank the applicants in the order in which they are deserving of the grant, the most deserving applicant being ranked highest.
(4)The Minister may exclude from the ranking any applicant that, in the Minister’s opinion, is not deserving of the grant of the permit.
(5)If the Minister is of the opinion that, after considering the information accompanying the applications, 2 or more of the applicants are equally deserving of the grant of the permit, the Minister may, by written notice served on each of those applicants, invite them to give to the Minister, within a period stated in the notice, particulars of the applicant’s proposals for additional work and expenditure in respect of the block or blocks specified in the application, being particulars that the Minister considers to be relevant in determining which of the applicants is most deserving of the grant of the permit.
(6)If any particulars are given by applicants to the Minister in accordance with the invitations contained in the notices served under subsection (5), the Minister must have regard to the particulars in determining whichever of the applicants is most deserving of the grant of the permit.
[Section 22A inserted: No. 42 of 2010 s. 77; amended: No. 17 of 2024 s. 261 and 275.]
22.Grant or refusal of permit in relation to application
(1)Where an application has been made under section 20, the Minister may —
(a)by instrument in writing served on the applicant inform the applicant that the Minister is prepared to grant to the applicant a permit in respect of the block or blocks specified in the instrument; or
(b)refuse to grant a permit to the applicant.
(2)An instrument under subsection (1) must contain —
(a)a summary of the conditions subject to which the permit is to be granted; and
(aa)if the application is an application for a petroleum exploration permit and included an application for an approval for the purposes of section 28(2)(a) — a statement as to whether the approval will be granted with the petroleum exploration permit; and
(b)a statement to the effect that the application will lapse if the applicant does not make a request under subsection (3) in respect of the grant of the permit.
(3)An applicant on whom there has been served an instrument under subsection (1) may, within a period of 1 month after the date of service of the instrument, or within such further period, not exceeding 1 month, as the Minister, on application in writing served on the Minister before the expiration of the first‑mentioned period of 1 month, allows, by instrument in writing served on the Minister, request the Minister to grant to the applicant the permit referred to in the first‑mentioned instrument.
(4)Where an applicant on whom there has been served an instrument under subsection (1) has made a request under subsection (3) within the period applicable under subsection (3), the Minister must grant to the applicant a petroleum exploration permit or a GHG exploration permit (as the case requires) in respect of the block or blocks specified in the instrument.
(4A)If applicable, a petroleum exploration permit must include the approval granted for the purposes of section 28(2)(a).
(5)Where an applicant on whom there has been served an instrument under subsection (1) has not made a request under subsection (3) within the period applicable under subsection (3), the application lapses upon the expiration of that period.
[Section 22 amended: No. 28 of 1994 s. 81; No. 17 of 2024 s. 217, 261 and 276.]
23A.Withdrawal of application
The person who has made, or all the persons who have jointly made, an application under section 20 for the grant of a permit may, by written notice served on the Minister, withdraw the application at any time before a permit is granted in respect of the application.
[Section 23A inserted: No. 42 of 2010 s. 78.]
23B.Application continued after withdrawal of joint applicant
If —
(a)an application made under section 20 for the grant of a permit was a joint application; and
(b)all of the joint applicants, by written notice served on the Minister, inform the Minister that one or more, but not all, of them, as specified in the notice, withdraw from the application,
the following paragraphs have effect —
(c)the application continues in force as if it had been made by the remaining applicant or applicants;
(d)if the Minister had informed the joint applicants that the Minister was prepared to grant to the applicants a permit in respect of the block or blocks to which the application relates — the Minister is taken not to have so informed the applicants.
[Section 23B inserted: No. 42 of 2010 s. 78.]
23C.Effect of withdrawal or lapse of application
If —
(a)2 or more applications have been made under section 20 for the grant of a permit in respect of the same block or blocks; and
(b)one or more, but not all, of the applications are withdrawn or have lapsed,
the following paragraphs have effect —
(c)the withdrawn or lapsed application or applications are taken not to have been made;
(d)if the Minister had informed the applicant or one of the applicants whose application had been withdrawn or had lapsed that the Minister was prepared to grant to that applicant a permit in respect of the block or blocks — the Minister is taken not to have so informed the applicant concerned;
(e)if the applicant or one of the applicants whose application had been withdrawn had requested the Minister under section 22(3) to grant a permit to the applicant concerned — the request is taken not to have been made;
(f)if the Minister had refused to grant a permit to the remaining applicant or any of the remaining applicants — the refusal or refusals are taken not to have occurred.
[Section 23C inserted: No. 42 of 2010 s. 78.]
23.Application for petroleum exploration permit for surrendered, cancelled or determined blocks
(a)a petroleum retention lease is surrendered, cancelled or determined as to a block or blocks; or
(aa)a petroleum production licence is surrendered or cancelled as to a block or blocks; or
(b)a petroleum exploration permit is surrendered, cancelled or determined as to a block or blocks and, at the time of the surrender, cancellation or determination, the block was, or was included in, or the blocks were, or were included in, a location; or
(c)a resources pool from which petroleum or a regulated substance has been recovered is within or extends to a block or blocks in respect of which no petroleum exploration permit, petroleum retention lease or petroleum production licence is in force,
the Minister may, at any subsequent time, by instrument published in the Gazette, invite applications for the grant of a petroleum exploration permit in respect of that block or such of those blocks as are specified in the instrument and specify a period within which applications may be made.
[(2), (3)deleted]
(4)An application under this section —
(c)must be accompanied by the particulars referred to in section 21(1)(d); and
(d)must specify an amount that the applicant is prepared to pay to the Minister, in addition to the fee referred to in section 24(1)(a), in respect of the grant of a petroleum exploration permit on the application; and
(da)may include an application for an approval for the purposes of section 28(2)(a); and
(e)may set out any other matters that the applicant wishes the Minister to consider.
(5)The Minister may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the time specified in the instrument, further information in writing in connection with the application.
[Section 23 amended: No. 12 of 1990 s. 167; No. 28 of 1994 s. 82; No. 42 of 2010 s. 79; No. 17 of 2024 s. 218, 259‑261 and 277.]
24.Application fee etc.
(1)An application under section 23 shall be accompanied by —
(a)the prescribed fee; and
(b)a deposit of 10% of the amount specified in the application under section 23(4)(d).
(2)Where a petroleum exploration permit is not granted on the application, the amount of the deposit shall, subject to subsection (3), be refunded to the applicant.
(3)Where an applicant on whom there has been served an instrument under section 25 does not request the Minister in accordance with section 26 to grant to him the petroleum exploration permit referred to in the instrument, the deposit shall not be refunded to the applicant.
[Section 24 amended: No. 12 of 1990 s. 168; No. 42 of 2010 s. 80; No. 17 of 2024 s. 278.]
25.Consideration of applications
(1)Where, at the expiration of the period specified in an instrument under section 23(1), only one application has been made under that subsection in respect of the block or blocks specified in the instrument, the Minister may reject the application or may, by instrument in writing served on the applicant, inform the applicant that he is prepared to grant to him a petroleum exploration permit in respect of that block or those blocks.
(2)Where, at the expiration of the period specified in an instrument under section 23(1), 2 or more applications have been made under that subsection in respect of the block or blocks specified in the instrument, the Minister may reject any or all of the applications and, if he does not reject all of the applications, may —
(a)if only one application remains unrejected, by instrument in writing served on the applicant; or
(b)if 2 or more applications remain unrejected, by instrument in writing served on the applicant, or on one of the applicants, whose application has not been rejected and who has specified as the amount that he is prepared to pay in respect of the grant of a petroleum exploration permit to him an amount that is not less than the amount specified by any other applicant whose application has not been rejected,
inform him that he is prepared to grant to him a petroleum exploration permit in respect of that block or those blocks.
[(3), (4)deleted]
(5)An instrument under this section shall contain —
(a)a summary of the conditions subject to which the petroleum exploration permit is to be granted; and
(aa)if the application included an application for an approval for the purposes of section 28(2)(a) — a statement as to whether the approval will be granted with the petroleum exploration permit; and
(b)a statement to the effect that the application will lapse if the applicant does not —
(i)make a request under section 26(1); and
(ii)pay the balance of the amount to be paid in respect of the grant of the petroleum exploration permit to the applicant.
[Section 25 amended: No. 12 of 1990 s. 169; No. 28 of 1994 s. 83; No. 42 of 2010 s. 81; No. 17 of 2024 s. 219 and 279.]
26.Request by applicant for grant of petroleum exploration permit in respect of advertised blocks
(1)An applicant on whom there has been served an instrument under section 25 may, within a period of 3 months after the date of service of the instrument on him, or within such further period, not exceeding 3 months, as the Minister, on application in writing served on him before the expiration of the first‑mentioned period of 3 months, allows —
(a)by instrument in writing served on the Minister, request the Minister to grant to him the petroleum exploration permit referred to in the first‑mentioned instrument; and
(b)pay the balance of the amount to be paid in respect of the grant of the petroleum exploration permit to the applicant.
(2)Where an applicant on whom there has been served an instrument under section 25 —
(a)has not made a request under subsection (1); or
(b)has not paid the balance of the amount to be paid in respect of the grant of the petroleum exploration permit to the applicant,
within the period applicable under subsection (1) the application lapses upon the expiration of that period.
(3)Where the application of an applicant on whom there has been served an instrument under section 25(2) lapses as provided by subsection (2), section 25(2) applies in respect of the application or applications, if any, then remaining unrejected.
[Section 26 amended: No. 28 of 1994 s. 84; No. 42 of 2010 s. 82; No. 17 of 2024 s. 280.]
27.Grant of petroleum exploration permit on request
(1)Where a person on whom there has been served an instrument under section 25 —
(a)has made a request under section 26(1); and
(b)has paid the balance of the amount to be paid in respect of the grant of a petroleum exploration permit to the applicant,
within the period applicable under section 25(1), the Minister must grant to that person a petroleum exploration permit in respect of the block or blocks specified in the instrument.
(2)If applicable, a petroleum exploration permit must include the approval granted for the purposes of section 28(2)(a).
[Section 27 amended: No. 28 of 1994 s. 85; No. 42 of 2010 s. 83; No. 17 of 2024 s. 220, 261 and 281.]
27A.Grant of boundary‑change permit
(b)if a graticular section is wholly within the area that was covered by the Commonwealth permit concerned — the graticular section; or
(c)if a part only of a graticular section is within the area that was covered by the Commonwealth permit concerned — that part of the graticular section.
See also subsection (8).
(a)a Commonwealth permit has been granted on the basis that an area (the relevant area) is within the offshore area; and
and
(ii)the conditions set out in subsection (4) are satisfied.
(a)one or more, but not all, of the section 17 blocks that were covered by the Commonwealth permit immediately before the change are in the relevant area; and
(b)the Commonwealth permit subsequently ceases to be in force at the same time (the relevant time) —
(i)as to all of the section 17 blocks that were covered by the Commonwealth permit immediately before the change and that are in the offshore area; and
(ii)otherwise than as the result of the cancellation or surrender of the Commonwealth permit.
(a)all of the section 17 blocks that were covered by the Commonwealth permit immediately before the change are in the relevant area; and
(b)the Commonwealth permit subsequently ceases to be in force at the same time (the relevant time) —
(i)as to all of the section 17 blocks that were covered by the Commonwealth permit immediately before the change; and
(ii)otherwise than as the result of the cancellation or surrender of the Commonwealth permit.
(a)assuming that —
(i)the change to the boundary of the offshore area had not occurred; and
(ii)the relevant area had remained in the offshore area,
the holder of the Commonwealth permit would have been entitled to apply under the Commonwealth Act for the renewal of the Commonwealth permit in relation to all of the section 17 blocks that are —
(iii)covered by the Commonwealth permit; and
(iv)in the relevant area;
and
(b)there are one or more section 17 blocks (the relevant section 17 blocks) that —
(i)correspond to the section 17 blocks covered by paragraph (a); and
(iii)are not the subject of a variation under section 103A,
(c)to have granted the holder of the Commonwealth permit a petroleum exploration permit over those relevant section 17 blocks; and
(d)to have done so immediately after the relevant time mentioned in whichever of subsection (3) or (4) is applicable.
For the duration of the permit, see section 29(1A).
(6)If —
(a)assuming that —
(i)the change to the boundary of the offshore area had not occurred; and
(ii)the relevant area had remained in the offshore area,
the holder of the Commonwealth permit would not have been entitled to apply under the Commonwealth Act for the renewal of the Commonwealth permit in relation to all of the section 17 blocks that are —
(iii)covered by the Commonwealth permit; and
(iv)in the relevant area;
and
(b)there are one or more section 17 blocks (the relevant section 17 blocks) that —
(i)correspond to the section 17 blocks that were covered by the Commonwealth permit immediately before the change; and
(iii)are not the subject of a variation under section 103A,
(c)to have granted the holder of the Commonwealth permit a petroleum exploration permit over those relevant section 17 blocks; and
(d)to have done so immediately after the relevant time mentioned in whichever of subsection (3) or (4) is applicable.
For the duration of the permit, see section 29(1B).
(7)For the purposes of subsections (5) and (6), the following provisions of the Commonwealth Act are to be disregarded —
(a)the standard halving rules in section 123 of that Act;
(b)the modified halving rules in section 124 of that Act;
(c)a provision of a kind specified in the regulations.
(8)If, after the change to the boundary of the offshore area —
(a)a part of a section 17 block that was covered by the Commonwealth permit immediately before the change is in the offshore area; and
then, for the purposes of this section (other than this subsection), each of those parts is taken to constitute, and to have always constituted, a section 17 block.
(9)An assumption in subsection (5)(a) or (6)(a) does not affect subsection (8).
[Section 27A inserted: No. 7 of 2017 s. 32; amended: No. 17 of 2024 s. 282.]
28.Rights conferred by petroleum exploration permit
(1)Except as provided in subsection (2), a petroleum exploration permit, while it remains in force, authorises the petroleum permittee, subject to this Act and in accordance with the conditions to which the permit is subject —
(a)to explore for petroleum or a regulated substance in the petroleum permit area; and
(b)to recover petroleum or a regulated substance in the petroleum permit area for the purpose of establishing the nature and probable extent of a discovery of petroleum or a regulated substance; and
(c)to carry on any operations and execute any works in the petroleum permit area that are necessary for those purposes.
(2)A petroleum exploration permit does not authorise the petroleum permittee to do the things referred to in subsection (1)(a) to (c) in relation to a regulated substance unless —
(a)the petroleum exploration permit includes an approval granted by the Minister extending the permit to cover the regulated substance; or
(b)the petroleum permittee applies to the Minister in writing for such an approval and the Minister grants the approval by instrument in writing.
(3)A petroleum exploration permit does not authorise the petroleum permittee to make a well outside the petroleum permit area.
The petroleum permittee may be able to make a well outside the petroleum permit area under another authority, for example, a petroleum access authority.
[Section 28 inserted: No. 17 of 2024 s. 283.]
28A.Rights conferred by GHG exploration permit
(1)A GHG exploration permit, while it remains in force, authorises the GHG permittee, subject to this Act and in accordance with the conditions to which the GHG exploration permit is subject —
(a)to explore for a potential GHG storage formation in the GHG permit area; and
(b)to explore for a potential GHG injection site in the GHG permit area; and
(c)to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as the relevant well is situated in the GHG permit area; and
(d)to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation, so long as the relevant well is situated in the GHG permit area; and
(e)to inject, on an appraisal basis, any of the following into a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the relevant well is situated in the GHG permit area —
and
(f)to store, on an appraisal basis, any of the following in a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the relevant well is situated in the GHG permit area —
and
(g)with the written consent of the Minister, to recover petroleum or a regulated substance in the GHG permit area for the sole purpose of appraising a discovery of —
(i)petroleum or a regulated substance that was made as an incidental consequence of the exploration authorised by paragraph (a) or (b); or
(ii)petroleum that was made as an incidental consequence of the injection authorised by paragraph (c) or (e);
and
(h)to carry on any operations and execute any works in the GHG permit area that are necessary for those purposes.
(2)If petroleum or a regulated substance is recovered by the GHG permittee in the GHG permit area as authorised by subsection (1)(g), the petroleum or regulated substance does not become the property of the GHG permittee.
(3)A GHG exploration permit does not authorise the GHG permittee to make a well outside the GHG permit area.
[Section 28A inserted: No. 17 of 2024 s. 283.]
29.Term of permit
(1)Subject to this Part, a permit remains in force —
(a)in the case of a permit granted otherwise than by way of the renewal of a permit, for a period of 6 years commencing on the day on which the permit is granted or, if a later day is specified in the permit as being the day on which the permit is to come into force, on that later day; and
(b)in the case of a permit granted by way of the renewal of a permit, for a period of 5 years commencing on the day on which the permit is granted or, if a later day is specified in the permit as being the day on which the permit is to come into force, on that later day.
(1A)Subject to this Part, a boundary‑change permit granted under section 27A(5) remains in force for a period of 5 years commencing on the day on which the permit is granted.
(1B)Subject to this Part, a boundary‑change permit granted under section 27A(6) remains in force for a period of 12 months commencing on the day on which the permit is granted.
(2)If —
(a)a permit in respect of a block or blocks cannot be renewed or further renewed; and
(b)before the time when the permit would, apart from this subsection, expire, the permittee has duly made an application to the Minister for the grant of a lease or licence in respect of the block, or one or more of the blocks, being a block or blocks that are included in a location,
the permit continues in force in respect of the block or blocks to which the application relates until —
(c)if the Minister tells the permittee that the Minister is prepared to grant to the permittee a lease or licence in respect of the block or one or more of the blocks — such a lease or licence is granted, the permittee withdraws the application or the application lapses; or
(d)if the Minister decides not to grant to the permittee such a lease — the end of the period of one year after the day of the service under section 38B(2) or (3A) of the instrument or notice refusing to grant the lease; or
(e)if the Minister decides not to grant to the permittee such a licence — notice of the decision is served on the permittee.
[Section 29 amended: No. 12 of 1990 s. 170; No. 42 of 2010 s. 84; No. 7 of 2017 s. 33.]
30.Application for renewal of permit
(1)Subject to sections 31, 32A, 32B and 32C, a permittee may, from time to time, make an application to the Minister for the renewal of the permit in respect of such of the blocks the subject of the permit as are specified in the application.
(2)An application for the renewal of a petroleum exploration permit —
(b)subject to subsection (3), must be made in an approved manner not less than 3 months before the date of expiration of the permit; and
(c)must be accompanied by the prescribed fee.
(3)The Minister may, for reasons that the Minister thinks sufficient, receive an application for the renewal of a petroleum exploration permit less than 3 months before, but not in any case after, the date of expiration of the permit.
(4)An application for the renewal of a GHG exploration permit must —
(a)subject to subsection (5), be made in an approved manner —
(i)not more than 12 months before the day of expiration of the permit; and
(ii)at least 6 months before the day of expiration of the permit;
and
(b)be accompanied by the prescribed fee.
(5)The Minister may, for reasons that the Minister thinks sufficient, receive an application for the renewal of a GHG exploration permit less than 6 months before, but not in any case after, the day of expiration of the permit.
[Section 30 amended: No. 12 of 1990 s. 171; No. 42 of 2010 s. 85; No. 7 of 2017 s. 34; No. 17 of 2024 s. 261 and 284.]
31.Application for renewal of permit to be in respect of reduced area
(1)Subject to subsections (3), (4) and (5), the number of blocks in respect of which an application for the renewal of a permit may be made shall not exceed the number calculated as follows —
(a)where the number of blocks in respect of which the permit is in force is a number that is divisible by 2 without remainder, one‑half of that number; or
(b)where the number of blocks in respect of which the permit is in force is a number that is one less or one more than a number that is divisible by 4 without remainder, one‑half of that last‑mentioned number.
(2)A block that is, or is included in, a location and in respect of which the permit is in force shall not be regarded as a block in respect of which the permit is in force for the purpose of making a calculation under subsection (1).
(3)An application for the renewal of a permit may include, in addition to the blocks referred to in subsection (1), a block that is, or is included in, a location and in respect of which the permit is in force, or 2 or more such blocks.
(4)If a permit is in force in respect of 5 or 6 blocks, an application may be made for the renewal of the permit in respect of one, 2, 3 or 4 of those blocks.
(5)Subject to subsection (6) —
(a)if a permit is in force in respect of 4 blocks, an application may be made for the renewal of the permit in respect of one, 2, 3 or all of those blocks;
(b)if a permit is in force in respect of 3 blocks, an application may be made for the renewal of the permit in respect of one, 2 or all of those blocks;
(c)if a permit is in force in respect of 2 blocks, an application may be made for the renewal of the permit in respect of either or both of those blocks;
(d)an application may be made for the renewal of a permit that is in force in respect of one block.
(6)Despite sections 30(1) and 32, if a permit has been renewed as a result of an application referred to in subsection (5) —
(7)Subsections (1) to (5) do not apply to an application for the renewal of a permit if —
(a)the permit was granted on the basis that an area (the relevant area) was within the adjacent area; and
(i)ceased to be within the adjacent area; and
(ii)fell within the offshore area;
and
(c)immediately before the change, the relevant area was a part of the permit area.
(8)For the purposes of subsection (7) —
(a)section 6A is to be disregarded; and
(b)it is immaterial whether the change occurred before, at or after the commencement day.
(9)In subsection (8)(b) —
commencement day means the day on which the Petroleum Legislation Amendment Act 2017 section 35 comes into operation.
[Section 31 amended: No. 42 of 2010 s. 86; No. 7 of 2017 s. 35.]
32A.Certain petroleum exploration permits cannot be renewed more than twice
(1)This section applies to a petroleum exploration permit if —
(a)the permit was granted under section 22 —
(i)on or after the day of the coming into operation of the Petroleum and Energy Legislation Amendment Act 2010 section 87 (the commencement day); and
(ii)as a result of an application made in response to an invitation in an instrument that was published under section 20(1) on or after the commencement day;
or
(b)the permit was granted under section 27 on or after the commencement day.
(2)Despite sections 30(1) and 32, if a petroleum exploration permit to which this section applies has been renewed twice —
[Section 32A inserted: No. 42 of 2010 s. 87; amended: No. 17 of 2024 s. 285.]
32B.Limits on renewal of boundary‑change permits
(a)a boundary‑change permit is granted under section 27A(5); and
(b)the relevant Commonwealth permit that ceases to be in force, as mentioned in section 27A(3)(b) or (4)(b), was granted otherwise than by way of renewal,
(c)section 31 applies to an application for the renewal of the boundary‑change permit; and
(d)an application must not be made for the renewal of the boundary‑change permit if the Minister has previously granted a renewal of the permit.
(2)If —
(a)a boundary‑change permit is granted under section 27A(5); and
(b)the relevant Commonwealth permit that ceases to be in force, as mentioned in section 27A(3)(b) or (4)(b), was granted by way of renewal,
an application must not be made for the renewal of the boundary‑change permit.
(3)If a boundary‑change permit is granted under section 27A(6), an application must not be made for the renewal of the permit.
[Section 32B inserted: No. 7 of 2017 s. 36.]
32C.GHG exploration permits cannot be renewed more than once
Despite sections 30(1) and 32, if a GHG exploration permit has been renewed once —
[Section 32C inserted: No. 17 of 2024 s. 286.]
32.Grant or refusal of renewal of permit
(1)Where an application has been made under section 30 for the renewal of a permit, the Minister —
(a)shall, if the conditions to which the permit is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with; or
(b)may, if —
(i)any of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with; and
(ii)the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the permit,
by instrument in writing served on the person who is then the permittee inform the person that the Minister is prepared to grant to that person the renewal of the permit.
(2)If any of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with, and if the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the permit, the Minister shall, subject to subsection (3), by instrument in writing served on the person who is then the permittee, refuse to grant the renewal of the permit.
(3)The Minister shall not refuse to grant the renewal of the permit unless —
(a)he has, by instrument in writing served on the permittee, given not less than one month’s notice of his intention to refuse to grant the renewal of the permit; and
(b)he has served a copy of the instrument on such other persons, if any, as he thinks fit; and
(c)he has, in the instrument —
(ii)specified a date on or before which the permittee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes the Minister to consider;
and
(d)he has taken into account any matters so submitted to him on or before the specified date by the permittee or by a person on whom a copy of the first‑mentioned instrument has been served.
(4)An instrument referred to in subsection (1) shall contain —
(a)a summary of the conditions to which the permit, on the grant of the renewal, is to be subject; and
(b)a statement to the effect that the application will lapse if the permittee does not make a request under subsection (5).
(5)A permittee on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on him, by instrument in writing served on the Minister, request the Minister to grant to him the renewal of the permit.
(6)Where a permittee on whom there has been served an instrument under subsection (1) has made a request under subsection 5 within the period referred to in subsection (5), the Minister shall grant to him the renewal of the permit.
(7)Where a permittee on whom there has been served an instrument under subsection (1) has not made a request under subsection (5) within the period referred to in subsection (5), the application lapses upon the expiration of that period.
(a)an application for the renewal of a permit has been made; and
(b)the permit expires —
(i)before the Minister grants, or refuses to grant, the renewal of the permit; or
(ii)before the application lapses as provided by subsection (7),
the permit shall be deemed to continue in force in all respects —
(c)until the Minister grants, or refuses to grant, the renewal of the permit; or
[Section 32 amended: No. 28 of 1994 s. 86.]
33.Conditions of permit
(1)A permit may be granted subject to such conditions as the Minister thinks fit and specifies in the permit.
(1A)Subsection (1) does not apply to a boundary‑change permit.
(2)The conditions referred to in subsection (1) may include conditions with respect to —
(a)work to be carried out by the permittee in or in relation to the permit area during the term of the permit; or
(b)amounts to be expended by the permittee in the carrying out of such work; or
(c)both those matters,
and the conditions may require the permittee to comply with directions given in accordance with the permit concerning the matters referred to in paragraphs (a) and (b).
(3)The Minister may, by written notice given to the permittee, vary a boundary‑change permit by imposing one or more conditions to which the permit is subject.
(4)A notice under subsection (3) may only be given within 14 days after the grant of the boundary‑change permit.
(5)A variation under subsection (3) takes effect on the day on which notice of the variation is given to the permittee.
(6)If —
(a)a boundary‑change permit is granted; and
(b)the relevant Commonwealth permit that ceases to be in force, as mentioned in section 27A(3)(b) or (4)(b), is of a kind that corresponds to a permit granted under section 22(4) or 27,
any or all of the conditions mentioned in subsection (7) may be specified in —
(c)the boundary‑change permit; or
(d)a permit granted by way of the renewal of the boundary‑change permit.
(7)The following conditions are specified for the purposes of subsection (6) —
(a)conditions requiring the permittee to carry out work in, or in relation to, the permit area (including conditions requiring the permittee to carry out the work during a period of 12 months or longer, or during periods each of which is 12 months or longer);
(b)conditions relating to the amounts that the permittee must spend in carrying out such work;
(c)conditions requiring the permittee to comply with directions that —
(i)relate to the matters covered by paragraphs (a) and (b); and
(ii)are given in accordance with the permit.
(8)Subsection (6) does not limit subsection (3).
(9)If —
(a)a boundary‑change permit is granted; and
(b)the relevant Commonwealth permit that ceases to be in force, as mentioned in section 27A(3)(b) or (4)(b), is a cash‑bid petroleum exploration permit, as defined in the Commonwealth Act section 7,
the conditions mentioned in subsection (10) must not be specified in —
(c)the boundary‑change permit; or
(d)a permit granted by way of the renewal of the boundary‑change permit.
(10)The following conditions are specified for the purposes of subsection (9) —
(a)conditions requiring the permittee to carry out work in, or in relation to, the permit area;
(b)conditions requiring the permittee to spend particular amounts on the carrying out of work in, or in relation to, the permit area.
[Section 33 amended: No. 7 of 2017 s. 37.]
34.Certain discoveries in permit area to be notified
(a)petroleum or a regulated substance is discovered in a permit area; or
(b)a potential GHG storage formation or potential GHG injection site is discovered in a permit area.
(2)The permittee must —
(b)within the period of 3 days after the day of the discovery, give to the Minister particulars in writing of the discovery.
[Section 34 inserted: No. 17 of 2024 s. 287.]
[35.Deleted: No. 42 of 2010 s. 89.]
36.Nomination of blocks as location
(1)Where a resources pool is identified in a permit area, the permittee may nominate the block in which the pool is situated, or the blocks (being blocks within the permit area) to which the pool extends, for declaration as a location.
(2)Where 2 or more resources pools are identified in a permit area, the permittee may, instead of making a nomination under subsection (1) in relation to each pool, nominate all of the blocks to which the pools extend, or to which any 2 or more of the pools extend, for declaration as a single location.
(3)A nomination may not be made under subsection (2) unless, in the case of each of the pools to which the nomination relates, at least 1 of the blocks to which the pool extends immediately adjoins a block to which the other, or another, of those pools extends.
(4)A nomination by a permittee must be in writing and served on the Minister.
(5)A nomination may not be made by a permittee unless the permittee or another person has, whether within or outside the permit area, recovered petroleum or a regulated substance from the resources pool to which the nomination relates or, if the nomination relates to more than 1 pool, from each of those pools.
(a)the Minister is of the opinion that a permittee is entitled to nominate a block or blocks under subsection (1) or (2); and
(b)the permittee has not done so,
the Minister may require the permittee to exercise the permittee’s right to nominate the block or blocks within 3 months after the date of the making of the requirement.
(7)A requirement by the Minister under subsection (6) must be by written notice served on the permittee.
(8)On written request by a permittee within the period fixed by subsection (6), the Minister may extend the time for compliance with a requirement under that subsection by not more than 3 months.
(9)If a permittee fails to comply with a requirement under subsection (6), the Minister may, by written notice served on the permittee, nominate the block or blocks for declaration as a location.
[Section 36 inserted: No. 12 of 1990 s. 172; amended: No. 17 of 2024 s. 259‑261.]
37.Declaration of location
declaration includes a declaration that is taken to have been made under subsection (2A) or (2B);
(b)if a graticular section is wholly within the area that was covered by the Commonwealth permit concerned — the graticular section; or
(c)if a part only of a graticular section is within the area that was covered by the Commonwealth permit concerned — that part of the graticular section.
(a)a permittee has made a nomination under section 36; and
(b)the Minister is of the opinion that the permittee is entitled under that section to nominate the block or blocks specified in the nomination,
the Minister must, by notice published in the Gazette, declare the block or blocks to which the nomination relates to be a location.
(2)Where the Minister has made a nomination under section 36(9), the Minister must, by notice published in the Gazette, declare the block or blocks to which the nomination relates to be a location.
(2A)If —
(a)a boundary‑change permit is granted over 1 or more section 17 blocks; and
(b)immediately before the grant, those section 17 blocks were, or were part of, a location as defined in the Commonwealth Act section 7; and
(c)apart from this subsection, those section 17 blocks are not, and are not part of, a location as defined in section 4 of this Act,
(d)to have declared those section 17 blocks to be a location; and
(e)to have done so immediately after the grant.
(2B)If —
(a)a permit is varied under section 103A so as to include in the permit area 1 or more section 17 blocks; and
(b)immediately before the variation, those section 17 blocks were, or were part of, a location as defined in the Commonwealth Act section 7; and
(c)apart from this subsection, those section 17 blocks are not, and are not part of, a location as defined in section 4 of this Act,
(d)to have declared those section 17 blocks to be a location; and
(e)to have done so immediately after the variation.
(3)The Minister may, at the request of the permittee, revoke a declaration.
(4)The Minister may vary a declaration by —
(a)adding to the location a block in the permit area to which, in the opinion of the Minister, a resources pool within the location extends; or
(b)deleting from the location a block to which, in the opinion of the Minister, no resources pool within the location extends.
(5)The Minister may not vary a declaration unless —
(a)the Minister has caused to be served on the permittee notice in writing of the proposed variation, identifying the block to be added to, or deleted from, the location; and
(b)the period of 30 days after the date of service of the notice has expired; and
(c)the Minister has considered any matters submitted by the permittee in relation to the proposed variation.
(6)Subsection (5) does not apply where a variation is made at the request of the permittee.
(7)The Minister may form an opinion for the purposes of this section if the Minister considers that there are reasonable grounds for forming the opinion having regard to any information in the Minister’s possession, whether provided by the permittee or otherwise.
[Section 37 inserted: No. 12 of 1990 s. 172; amended: No. 42 of 2010 s. 90; No. 7 of 2017 s. 38; No. 17 of 2024 s. 259 and 261.]
38.Immediately adjoining blocks
For the purposes of section 36, a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block —
(a)have a side in common; or
(b)are joined together at one point only.
[Section 38 amended: No. 12 of 1990 s. 173.]
Division 2A — Retention leases
[Heading inserted: No. 12 of 1990 s. 174; amended: No. 17 of 2024 s. 260 and 288.]
38A.Application by permittee for lease
(1)A petroleum permittee whose petroleum exploration permit is in force in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Minister for the grant of a petroleum retention lease in respect of that block, or in respect of 1 or more of those blocks, as the case may be.
(1A)A GHG permittee may, within the application period, apply to the Minister for the grant of a GHG retention lease in respect of 1 or more of the blocks specified in the application if —
(a)the GHG exploration permit is in force in respect of the block or blocks; and
(b)1 or more identified GHG storage formations are wholly situated in the GHG permit area; and
(c)neither a GHG injection licence nor a GHG retention lease is in force in respect of the block or blocks.
(c)must be accompanied by particulars of —
(i)the proposals of the applicant for work and expenditure in respect of the area comprised in the blocks specified in the application; and
(ii)the commercial viability of the recovery of petroleum or a regulated substance from the area comprised in the blocks specified in the application at the time of the application, and particulars of the possible future commercial viability of the recovery of petroleum or a regulated substance from that area;
and
(ca)may include an application for an approval for the purposes of section 38C(2)(a); and
(d)may set out any other matters that the applicant wishes to be considered; and
(2A)An application under subsection (1A) —
(i)particulars of the proposals of the applicant for work and expenditure in respect of the 1 or more identified GHG storage formations comprised in the block or blocks specified in the application; and
(ii)an assessment of when the applicant will be in a position to carry on a GHG injection operation in respect of each identified GHG storage formation comprised in the block or blocks specified in the application;
and
(3)The Minister may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the time specified in the instrument, further information in writing in connection with the application.
(4)The application period in respect of an application under subsection (1) by a petroleum permittee is —
(a)the period of 2 years after the date on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or
(b)such other period, not less than 2 years or more than 4 years after that date, as the Minister, on application in writing by the permittee, served on the Minister before the end of the first‑mentioned period of 2 years, allows.
(5)The application period in respect of an application under subsection (1A) is —
(a)the period of 12 months after —
(i)if there is a single identified GHG storage formation — the day on which the identified GHG storage formation was declared; or
(ii)if there are 2 or more identified GHG storage formations — the earliest day on which any of the identified GHG storage formations was declared;
or
(b)if the Minister, on application in writing made to the Minister before the end of the period referred to in paragraph (a), allows a further period of not more than 6 months — that further period.
[Section 38A inserted: No. 12 of 1990 s. 174; amended: No. 42 of 2010 s. 91; No. 17 of 2024 s. 222, 260, 261 and 289.]
38B.Grant or refusal of lease in relation to application
(a)an application has been made under section 38A(1); and
(b)the applicant has furnished any further information as and when required by the Minister under section 38A(3); and
(c)the Minister is satisfied that —
(i)the area comprised in the block, or any 1 or more of the blocks, specified in the application contains petroleum or a regulated substance; and
(ii)the recovery of petroleum or a regulated substance from that area is not, at the time of the application, commercially viable but is likely to become commercially viable within the period of 15 years after that time,
the Minister must, by written notice served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a petroleum retention lease in respect of the block or blocks as to which the Minister is satisfied as mentioned in paragraph (c).
(1A)On an application under section 38A(1A), the Minister must, by written notice served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a GHG retention lease in respect of 1 or more of the blocks specified in the application if —
(a)the applicant gives any further information as and when required by the Minister under section 38A(3); and
(b)the Minister is satisfied that —
(i)the area comprised in the block or blocks contains an identified GHG storage formation; and
(ii)the applicant is not, at the time of the application, in a position to carry on a GHG injection operation in respect of that identified GHG storage formation but is likely to be in a position to do so within the period of 10 years after that time.
(2)Where an application has been made under section 38A and —
(a)the applicant has not furnished any further information as and when required by the Minister under section 38A(3); or
(b)the Minister is not satisfied as to the matters referred to in subsection (1)(c) or (1A)(b) in relation to the block, or all the blocks, specified in the application,
the Minister must, by instrument in writing served on the applicant, refuse to grant a lease to the applicant.
(3A)If —
(a)an application has been made under section 38A specifying 2 or more blocks; and
(b)the Minister is not satisfied as mentioned in subsection (1)(c) or (1A)(b) in relation to 1 or more, but not all, of the blocks,
the Minister must, by notice in writing served on the applicant, refuse to grant a lease to the applicant in respect of the block or blocks as to which the Minister is not satisfied as mentioned in subsection (1)(c) or (1A)(b).
(3)An instrument under subsection (1) or (1A) must contain —
(aa)if the instrument is under subsection (1) and the application included an application for an approval for the purposes of section 38C(2)(a) — a statement as to whether the approval will be granted with the petroleum retention lease; and
(b)a statement to the effect that the application will lapse if the applicant does not make a request under subsection (4) in respect of the grant of the lease.
(4)An applicant on whom there has been served an instrument under subsection (1) or (1A) may, within a period of 1 month after the date of service of the instrument, or within such further period, not exceeding 1 month, as the Minister, on application in writing served on the Minister before the end of the first‑mentioned period of 1 month, allows, by instrument in writing served on the Minister, request the Minister to grant to the applicant the lease.
(5)Where an applicant on whom there has been served an instrument under subsection (1) or (1A) has made a request under subsection (4) within the period applicable under subsection (4), the Minister must grant to the applicant a petroleum retention lease or GHG retention lease in respect of the block or blocks specified in the instrument.
(5A)If applicable, a petroleum retention lease must include the approval granted for the purposes of section 38C(2)(a).
(6)Where an applicant on whom there has been served an instrument under subsection (1) or (1A) has not made a request under subsection (4) within the period applicable under subsection (4), the application lapses upon the expiration of that period.
(7)On the day on which a lease granted under this section in respect of a block or blocks comes into force, the permit in respect of the block or blocks ceases to be in force in respect of those blocks.
[Section 38B inserted: No. 12 of 1990 s. 174; amended: No. 28 of 1994 s. 87; No. 42 of 2010 s. 92; No. 17 of 2024 s. 223, 260, 261 and 290.]
38BA.Application of s. 38A and 38B where permit is transferred
(a)after an application has been made under section 38A(1) or (1A) in relation to a block or blocks in respect of which a permit is in force; and
(b)before a decision has been made by the Minister under section 38B(1), (1A), (2) or (3A) in relation to the application,
a transfer of the permit is registered under section 78, sections 38A and 38B have effect, after the time of the transfer, as if any reference in those sections to the applicant were a reference to the transferee.
[Section 38BA inserted: No. 28 of 1994 s. 88; amended: No. 17 of 2024 s. 291.]
38BB.Application by petroleum lessee for GHG retention lease
(1)A petroleum lessee may apply to the Minister for the grant of a GHG retention lease in respect of 1 or more of the blocks specified in the application if —
(a)the petroleum retention lease is in force in respect of the block or blocks; and
(b)1 or more identified GHG storage formations are wholly situated in the petroleum lease area; and
(c)none of the following is in force in respect of the block or blocks —
(i)particulars of the proposals of the applicant for work and expenditure in respect of the 1 or more identified GHG storage formations comprised in the block or blocks specified in the application; and
(ii)an assessment of when the applicant will be in a position to carry on a GHG injection operation in respect of each identified GHG storage formation comprised in the block or blocks specified in the application;
and
(3)The Minister may, at any time and by instrument in writing served on the applicant, require the applicant to give to the Minister, within the period specified in the instrument, further information in writing in connection with the application.
[Section 38BB inserted: No. 17 of 2024 s. 292.]
38BC.Grant or refusal of GHG retention lease in relation to application by petroleum lessee
(1)On an application under section 38BB(1), the Minister must, by written notice served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a GHG retention lease in respect of 1 or more of the blocks specified in the application if —
(a)the applicant has given any further information as and when required by the Minister under section 38BB(3); and
(b)the Minister is satisfied that —
(i)the area comprised in the block or any 1 or more of the blocks specified in the application contains an identified GHG storage formation; and
(ii)the applicant is not, at the time of the application, in a position to carry on a GHG injection operation in respect of the identified GHG storage formation but is likely to be in that position within the period of 10 years after that time.
(2)On an application under section 38BB(1), the Minister must, by written notice served on the applicant, refuse to grant a GHG retention lease to the applicant if —
(a)the applicant has not given any further information as and when required by the Minister under section 38BB(3); or
(b)the Minister is not satisfied as to the matters referred to in subsection (1)(b) in relation to the block or all of the blocks specified in the application.
(3)A notice under subsection (1) must contain —
(b)a statement to the effect that the application will lapse if the applicant does not make a request under subsection (4) in respect of the grant of the lease.
(4)An applicant on whom a notice is served under subsection (1) may request the Minister to grant the lease to the applicant.
(5)The request must be in writing and must be made —
(a)before the end of the period of 1 month after the day of service of the notice on the applicant under subsection (1); or
(b)if the Minister, on application in writing made to the Minister before the end of that period, allows a further period of not more than 1 month for the making of the request — before the end of that further period.
(6)If the applicant makes the request within the period applicable under subsection (5), the Minister must grant to the applicant a GHG retention lease in respect of the block or blocks specified in the notice under subsection (1).
(7)If the applicant does not make the request within the period applicable under subsection (5), the application lapses at the end of that period.
[Section 38BC inserted: No. 17 of 2024 s. 292.]
38BD.Application of s. 38BB and 38BC if petroleum retention lease is transferred
(1)This section applies if a transfer of a petroleum retention lease is registered under section 78 —
(a)after an application has been made under section 38BB(1) in relation to a block or blocks in respect of which the petroleum retention lease is in force; and
(b)before a decision has been made by the Minister under section 38BC(1) or (2) in relation to the application.
(2)Sections 38BB and 38BC have effect, after the time of the transfer, as if any reference in those sections to the applicant were a reference to the transferee.
[Section 38BD inserted: No. 17 of 2024 s. 292.]
38CA.Application by licensee for lease
(a)a petroleum production licence is in force under section 53(1)(c) or (2) in respect of a block or blocks; and
(b)no operations for the recovery of petroleum or a regulated substance are being carried on under the licence in respect of an area (the unused area) —
(i)that consists of, or consists of part of, the block or blocks; and
(ii)in which petroleum or a regulated substance has been found to exist,
the petroleum licensee may, within the application period, apply to the Minister for the grant of a petroleum retention lease in respect of the unused area.
(1A)Subsection (1B) applies if —
(a)a GHG injection licence is in force in respect of a block or blocks; and
(b)1 or more identified GHG storage formations are wholly situated in the GHG licence area.
(1B)The GHG licensee may, within the application period, apply to the Minister for the grant of a GHG retention lease in respect of the block or blocks.
(1C)Subsection (1D) applies if —
(a)a petroleum production licence is in force in respect of a block or blocks; and
(b)a single identified GHG storage formation extends to the block or blocks; and
(c)none of the following is in force in respect of the block or blocks —
(1D)The petroleum licensee may apply to the Minister for the grant of a GHG retention lease over the block or blocks to which the identified GHG storage formation extends.
(2)An application under subsection (1), (1B) or (1D) —
(b)in the case of an application under subsection (1), must be accompanied by particulars of —
(i)the proposals of the applicant for work and expenditure in respect of the unused area; and
(ii)the commercial viability of the recovery of petroleum or a regulated substance from the unused area at the time of the application, and particulars of the possible future commercial viability of the recovery of petroleum or a regulated substance from that area;
and
(ba)in the case of an application under subsection (1), may include an application for an approval for the purposes of section 38C(2)(a); and
(bb)in the case of an application under subsection (1B) or (1D), must be accompanied by particulars of the proposals of the applicant for work and expenditure in respect of the block or blocks specified in the application; and
(2A)An application under subsection (1B) or (1D) must also be accompanied by —
(a)particulars of the proposals of the applicant for work and expenditure in respect of the 1 or more identified GHG storage formations comprised in the block or blocks specified in the application; and
(b)an assessment of when the applicant will be in a position to carry on a GHG injection operation in respect of each identified GHG storage formation comprised in the block or blocks specified in the application.
(3)The Minister may, at any time by written notice served on the applicant, require the applicant to give, within the period stated in the notice, further written information in connection with the application.
(4)The application period in respect of an application under subsection (1) by a licensee is the period of 5 years that began on —
(a)the day on which the licence was granted; or
(b)if any operations for the recovery of petroleum or a regulated substance have been carried on under the licence in respect of the unused area — the last day on which any such operations were carried on.
(5)The application period in respect of an application under subsection (1B) by a GHG licensee is the period of 5 years beginning on —
(a)the day on which the GHG injection licence is granted; or
(b)if any GHG injection operations have been carried on under the GHG injection licence in respect of the GHG licence area — the last day on which the operations are carried on.
[Section 38CA inserted: No. 42 of 2010 s. 93; amended: No. 17 of 2024 s. 224, 260, 261 and 293.]
38CB.Grant or refusal of lease in relation to application by licensee
(a)an application has been made under section 38CA(1); and
(b)the applicant has given any further information as and when required by the Minister under section 38CA(3); and
(c)the Minister is satisfied that recovery of petroleum or a regulated substance from the unused area —
(i)is not, at the time of the application, commercially viable; and
(ii)is likely to become commercially viable within the period of 15 years after that time,
the Minister must, by written notice served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a petroleum retention lease in respect of the unused area.
(1A)Subsection (1B) applies if —
(a)an application is made under section 38CA(1B) or (1D); and
(b)the applicant gives any further information as and when required by the Minister under section 38CA(3); and
(c)the Minister is satisfied that the applicant is not, at the time of the application, in a position to —
(i)inject a greenhouse gas substance into the identified GHG storage formation, or at least 1 of the identified GHG storage formations, concerned; and
(ii)store the greenhouse gas substance in the identified GHG storage formation, or at least 1 of the identified GHG storage formations, concerned;
and
(d)the Minister is satisfied that the applicant is likely to be in the position referred to in paragraph (c) within 10 years; and
(e)the Minister is satisfied of the matters prescribed by the regulations.
(1B)The Minister must, by written notice served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a GHG retention lease in respect of the block or blocks specified in the application.
(2)If an application has been made under section 38CA(1) and —
(a)the applicant has not given further information as and when required by the Minister under section 38CA(3); or
(b)the Minister is not satisfied as mentioned in subsection (1)(c) in relation to the unused area,
the Minister must, by written notice served on the applicant, refuse to grant a petroleum retention lease to the applicant.
(2A)Subsection (2B) applies if an application has been made under section 38CA(1B) or (1D) and —
(a)the applicant has not given further information as and when required by the Minister under section 38CA(3); or
(b)the Minister is not satisfied as mentioned in subsection (1A)(c), (d) or (e) in relation to the block or blocks specified in the application.
(2B)The Minister must, by written notice served on the applicant, refuse to grant a GHG retention lease to the applicant.
(3)A notice under subsection (1) or (1B) must contain —
(aa)if the notice is under subsection (1) and the application included an application for an approval for the purposes of section 38C(2)(a) — a statement as to whether the approval will be granted with the petroleum retention lease; and
(b)a statement to the effect that the application will lapse if the applicant does not make a request under subsection (4) in respect of the grant of the lease.
(4)An applicant on whom a notice is served under subsection (1) or (1B) may request the Minister to grant the lease to the applicant.
(5)The request must be in writing and must be made —
(a)before the end of the period of 1 month after the date of service of the notice on the applicant under subsection (1) or (1B); or
(b)if the Minister, on application in writing made to the Minister before the end of that period, allows a further period of not more than 1 month for the making of the request — before the end of that further period.
(6)If an applicant makes a request within the period applicable under subsection (5), the Minister must —
(a)in the case of a request for a petroleum retention lease, grant a petroleum retention lease in respect of the unused area; or
(b)in the case of a request for a GHG retention lease, grant a GHG retention lease in respect of the block or blocks to which the request relates.
(6A)If applicable, a petroleum retention lease must include the approval granted for the purposes of section 38C(2)(a).
(7)If the applicant does not make the request within the period applicable under subsection (5), the application lapses at the end of that period.
(8)On the day on which a petroleum retention lease granted under this section in respect of an unused area comes into force, the petroleum production licence in respect of the block or blocks of which the area consists or in which the area is included ceases to be in force in respect of the area.
(9)On the day on which a GHG retention lease granted under this section in respect of a block or blocks comes into force, any GHG injection licence ceases to be in force in respect of the block or blocks.
[Section 38CB inserted: No. 42 of 2010 s. 93; amended: No. 17 of 2024 s. 225, 260, 261 and 294.]
38CC.Application of s. 38CA and 38CB if licence is transferred
If —
(a)after an application has been made under section 38CA(1), (1B) or (1D) in relation to an area consisting of or included in a block or blocks in respect of which a licence is in force; and
(b)before a decision has been made by the Minister under section 38CB(1), (1B), (2) or (2B) in relation to the application,
a transfer of the licence is registered under section 78, sections 38CA and 38CB have effect, after the time of the transfer, as if any reference in those sections to the applicant were a reference to the transferee.
[Section 38CC inserted: No. 42 of 2010 s. 93; amended: No. 17 of 2024 s. 295.]
38CD.Grant of lease as result of change to boundary of offshore area
(b)if a graticular section is wholly within the area that was covered by the Commonwealth lease concerned — the graticular section; or
(c)if a part only of a graticular section is within the area that was covered by the Commonwealth lease concerned — that part of the graticular section.
See also subsection (6).
(a)a Commonwealth lease has been granted on the basis that an area (the relevant area) is within the offshore area; and
and
and
(d)there are one or more section 17 blocks (the relevant section 17 blocks) that —
(i)correspond to the section 17 blocks that were covered by the Commonwealth lease immediately before the change; and
(iii)are not the subject of a variation under section 103A.
(a)one or more, but not all, of the section 17 blocks that were covered by the Commonwealth lease immediately before the change are in the relevant area; and
(b)the Commonwealth lease subsequently ceases to be in force at the same time (the relevant time) —
(i)as to all of the section 17 blocks that were covered by the Commonwealth lease immediately before the change and that are in the offshore area; and
(ii)otherwise than as the result of the cancellation or surrender of the Commonwealth lease.
(a)all of the section 17 blocks that were covered by the Commonwealth lease immediately before the change are in the relevant area; and
(b)the Commonwealth lease subsequently ceases to be in force at the same time (the relevant time) —
(i)as to all of the section 17 blocks that were covered by the Commonwealth lease immediately before the change; and
(ii)otherwise than as the result of the cancellation or surrender of the Commonwealth lease.
(5)The Minister is taken —
(a)to have granted the holder of the Commonwealth lease a lease over the relevant section 17 blocks; and
(b)to have done so immediately after the relevant time mentioned in whichever of subsection (3) or (4) is applicable.
For the duration of the lease, see section 38D(2).
(6)If, after the change to the boundary of the offshore area —
(a)a part of a section 17 block that was covered by the Commonwealth lease immediately before the change is in the offshore area; and
then, for the purposes of this section (other than this subsection), each of those parts is taken to constitute, and to have always constituted, a section 17 block.
[Section 38CD inserted: No. 7 of 2017 s. 39.]
38C.Rights conferred by petroleum retention lease
(1)Except as provided in subsection (2), a petroleum retention lease, while it remains in force, authorises the petroleum lessee, subject to this Act and in accordance with the conditions to which the petroleum retention lease is subject —
(a)to explore for petroleum or a regulated substance in the petroleum lease area; and
(b)to recover petroleum or a regulated substance in the petroleum lease area for the purpose of establishing the nature and probable extent of a discovery of petroleum or a regulated substance; and
(c)to carry on any operations and execute any works in the petroleum lease area that are necessary for those purposes.
(2)A petroleum retention lease does not authorise the petroleum lessee to do the things referred to in subsection (1)(a) to (c) in relation to a regulated substance unless —
(a)the petroleum retention lease includes an approval granted by the Minister extending the lease to cover the regulated substance; or
(b)the petroleum lessee applies to the Minister in writing for such an approval and the Minister grants the approval by instrument in writing.
(3)A petroleum retention lease does not authorise the petroleum lessee to make a well outside the petroleum lease area.
The petroleum lessee may be able to make a well outside the petroleum lease area under another authority, for example, a petroleum access authority.
[Section 38C inserted: No. 17 of 2024 s. 296.]
38CAA.Rights conferred by GHG retention lease
(1)A GHG retention lease, while it remains in force, authorises the GHG lessee, subject to this Act and in accordance with the conditions to which the GHG retention lease is subject —
(a)to explore for a potential GHG storage formation in the GHG lease area; and
(b)to explore for a potential GHG injection site in the GHG lease area; and
(c)to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as the relevant well is situated in the GHG lease area; and
(d)to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation, so long as the relevant well is situated in the GHG lease area; and
(e)to inject, on an appraisal basis, any of the following into a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the relevant well is situated in the GHG lease area —
and
(f)to store, on an appraisal basis, any of the following in a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the relevant well is situated in the GHG lease area —
and
(g)with the written consent of the Minister, to recover petroleum or a regulated substance in the GHG lease area for the sole purpose of appraising a discovery of —
(i)petroleum or a regulated substance that was made as an incidental consequence of the exploration authorised by paragraph (a) or (b); or
(ii)petroleum that was made as an incidental consequence of the injection authorised by paragraph (c) or (e);
and
(h)to carry on any operations and execute any works in the GHG lease area that are necessary for those purposes.
(2)If petroleum or a regulated substance is recovered by the GHG lessee in the GHG lease area as authorised by subsection (1)(g), the petroleum or regulated substance does not become the property of the GHG lessee.
(3)A GHG retention lease does not authorise the GHG lessee to make a well outside the GHG lease area.
[Section 38CAA inserted: No. 17 of 2024 s. 296.]
38D.Term of lease
(1)Subject to this Part, a lease (whether granted by way of renewal of a lease or otherwise and other than a lease granted under section 38CD) remains in force for a period of 5 years commencing on the day on which the lease was granted or, if a later day is specified in the lease as being the day on which the lease is to come into force, on that later day.
(2)Subject to this Part, a lease granted under section 38CD remains in force for a period of 5 years commencing on the day on which the lease is granted.
[Section 38D inserted: No. 12 of 1990 s. 174; amended: No. 7 of 2017 s. 40.]
38E.Notice of intention to cancel lease
(a)a lessee has been given a notice of the kind referred to in section 38H(3A) during the term of the lease and has carried out, and has informed the Minister of the results of, the re‑evaluation required by the notice; and
(b)the lessee has not applied for the renewal of the lease; and
(c)after consideration of the results of the re‑evaluation referred to in paragraph (a) and any other matters that the Minister thinks fit, the Minister is of the opinion that, as the case requires —
(i)recovery of petroleum or a regulated substance from the petroleum lease area is commercially viable; or
(ii)the lessee is in a position to carry on a GHG injection operation in the GHG lease area.
(2)The Minister may serve on the lessee and on any other person that the Minister thinks appropriate an instrument in writing —
(a)informing the lessee and the other person that the Minister has formed that opinion and that the Minister intends to cancel the lease; and
(b)stating that the lessee or the other person may serve an instrument in writing on the Minister within the period specified in the first‑mentioned instrument, not being a period ending earlier than 1 month after the day of service of the first‑mentioned instrument, setting out any matters that the lessee or other person, as the case may be, wishes to be considered.
(2A)Subsection (2B) applies if —
(a)an instrument under subsection (2) is served on a lessee; and
(b)either —
(i)the lessee does not, within the period referred to in subsection (2)(b), serve on the Minister an instrument setting out matters that the lessee wishes to be considered; or
(ii)the Minister, after consideration of matters set out in an instrument served on the Minister by the lessee within the period referred to in subsection (2)(b), determines that the lease should be cancelled.
(2B)The Minister must, by instrument in writing served on the lessee, cancel the lease.
(3)The cancellation of a lease under subsection (2B) has effect —
(a)in a case to which paragraph (b) does not apply, at the end of the period of 12 months commencing on the date of service of the instrument of cancellation; or
(b)in a case where the lessee makes an application for a licence in respect of 1 or more of the blocks comprised in the lease within the period referred to in paragraph (a), when the Minister grants, or refuses to grant, the licence or when the application lapses, whichever first happens.
(4)Where a lease is cancelled under subsection (2B), the lease is taken to continue in force in all respects until the cancellation has effect in accordance with subsection (3).
[Section 38E inserted: No. 12 of 1990 s. 174; amended: No. 17 of 2024 s. 260, 261 and 297.]
38F.Application for renewal of lease
(1)A lessee may, from time to time, make an application to the Minister for the renewal of the lease.
(2)An application for the renewal of a petroleum retention lease —
(b)subject to subsection (3), must be made in an approved manner not less than 6 months or more than 12 months before the day on which the lease ceases to be in force; and
(c)must be accompanied by particulars of —
(i)the proposals of the applicant for work and expenditure in respect of the lease area; and
(ii)the commercial viability of recovery of petroleum or a regulated substance from the lease area at the time of the application and particulars of the possible future commercial viability of recovery of petroleum or a regulated substance from the lease area;
and
(2A)An application for the renewal of a GHG retention lease —
(a)subject to subsection (3), must be made in an approved manner not less than 6 months or more than 12 months before the day on which the lease ceases to be in force; and
(i)particulars of the proposals of the applicant for work and expenditure in respect of the lease area; and
(ii)any other information specified in the regulations;
and
(c)must be accompanied by the prescribed fee.
(3)The Minister may, for reasons that the Minister thinks sufficient, receive an application for the renewal of the lease less than 6 months before, but not in any case after, the day on which the lease ceases to be in force.
(4)Where an application has been made for the renewal of a lease, the Minister may, at any time, by instrument in writing served on the lessee, require the lessee to furnish, within the time specified in the instrument, further information in writing in connection with the application.
[Section 38F inserted: No. 12 of 1990 s. 174; amended: No. 28 of 1994 s. 89; No. 42 of 2010 s. 94; No. 17 of 2024 s. 260, 261 and 298.]
38G.Grant or refusal of renewal of lease
(1)Subsections (1A) and (1B) apply if —
(a)an application for the renewal of a lease is made under section 38F(1); and
(b)the applicant gives further information as and when required by the Minister under section 38F(4); and
(c)in the case of a petroleum retention lease, the Minister is satisfied that recovery of petroleum or a regulated substance from the petroleum lease area —
(i)is not, at the time of the application, commercially viable; and
(ii)is likely to become commercially viable within the period of 15 years after that time;
and
(d)in the case of a GHG retention lease, the Minister is satisfied that the applicant —
(i)is not, at the time of the application, in a position to carry on a GHG injection operation in the GHG lease area; and
(ii)is likely to be in that position within the period of 10 years after that time.
(1A)The Minister must inform the applicant, by instrument in writing served on the applicant, that the Minister is prepared to grant to the applicant the renewal of the lease if the following have been complied with —
(a)the conditions to which the lease is, or has from time to time been, subject;
(b)the provisions of this Part and of the regulations.
(1B)The Minister may inform the applicant, by instrument in writing served on the applicant, that the Minister is prepared to grant to the applicant the renewal of the lease if —
(a)any condition to which the lease is, or has from time to time been, subject or any provision of this Part or the regulations has not been complied with; and
(b)the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the lease.
(2)Subject to subsection (3), if an application for the renewal of a lease is made under section 38F(1), the Minister must, by instrument in writing served on the applicant, refuse to grant the renewal of the lease if —
(a)the applicant has not given any further information as and when required by the Minister under section 38F(4); or
(b)the Minister is not satisfied as to the matters referred to in subsection (1)(c) or (d), whichever is applicable; or
(c)both of the following apply —
(i)any condition to which the lease is, or has from time to time been, subject or any provision of this Part or the regulations has not been complied with;
(ii)the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the lease.
(3)The Minister must not refuse to grant the renewal of the lease unless the Minister —
(a)has, by instrument in writing served on the lessee, given not less than 1 month’s notice of the Minister’s intention to refuse to grant the renewal of the lease; and
(b)has served a copy of the instrument on such other persons, if any, as the Minister thinks fit; and
(c)has, in the instrument —
(ii)specified a date on or before which the lessee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that the lessee wishes to be considered;
and
(d)has taken into account any matters so submitted on or before the specified date by the lessee or by a person on whom a copy of the first‑mentioned instrument has been served.
(4)An instrument referred to in subsection (1A) or (1B) must contain —
(a)a summary of the conditions to which the lease, on the grant of the renewal, is to be subject; and
(b)a statement to the effect that the application will lapse if the lessee does not make a request under subsection (6).
(5)An instrument under subsection (2) must, where the Minister refuses to grant the renewal of a lease by reason only that the Minister is not satisfied as to the matter referred to in subsection (1)(c)(i) or (d)(i), contain a statement to the effect that the lessee may, within the period of 12 months after the date of service of the instrument, make an application for a licence in respect of 1 or more of the blocks comprised in the lease.
(6)A lessee on whom there has been served an instrument under subsection (1A) or (1B) may, within a period of 1 month after the date of service of the instrument on the lessee, by instrument in writing served on the Minister, request the Minister to grant the lessee the renewal of the lease.
(7)Where a lessee on whom there has been served an instrument under subsection (1A) or (1B) has made a request under subsection (6) within the period referred to in subsection (6), the Minister must grant to the lessee the renewal of the lease.
(8)Where a lessee on whom there has been served an instrument under subsection (1A) or (1B) has not made a request under subsection (6) within the period referred to in subsection (6), the application lapses upon the expiration of that period.
(9)Where —
(a)an application for the renewal of a lease has been made; and
(b)the lease expires —
(i)before the Minister grants, or refuses to grant, the renewal of the lease; or
(ii)before the application lapses as provided by subsection (8),
the lease is taken to continue in force in all respects —
(c)until the Minister grants, or refuses to grant, the renewal of the lease; or
(10)Where the Minister refuses to grant the renewal of a lease by reason only that the Minister is not satisfied as to the matter referred to in subsection (1)(c)(i) or (d)(i), the lease is taken to continue in force in all respects —
(a)in a case to which paragraph (b) does not apply, until 12 months after the date of service of the instrument under subsection (2); or
(b)in a case where the lessee makes an application for a licence in respect of 1 or more of the blocks comprised in the lease within the period of 12 months after the date referred to in paragraph (a), until the Minister grants, or refuses to grant, the licence or until the application lapses, whichever first happens.
[Section 38G inserted: No. 12 of 1990 s. 174; amended: No. 28 of 1994 s. 90; No. 17 of 2024 s. 260, 261 and 299.]
38GA.GHG retention lease cannot be renewed more than once
Despite sections 38F and 38G, if a GHG retention lease is renewed once —
(a)the lessee is not entitled to apply for a further renewal of the lease; and
(b)the Minister cannot grant a further renewal of the lease.
[Section 38GA inserted: No. 17 of 2024 s. 300.]
38H.Conditions of lease
(1)A lease may be granted subject to such conditions as the Minister thinks fit and are specified in the lease.
(1A)Subsection (1) does not apply to a lease granted under section 38CD.
(2)The conditions referred to in subsection (1) may include conditions with respect to work to be carried out by the lessee in or in relation to the lease area during the term of the lease, or amounts to be expended by the lessee in the carrying out of such work, or conditions with respect to both of those matters, including conditions requiring the lessee to comply with directions given in accordance with the lease concerning those matters.
(3)A lease is taken to contain a condition that the lessee will within the required period —
(a)re‑evaluate, as the case requires —
(i)the commercial viability of the recovery of petroleum or a regulated substance from the petroleum lease area (otherwise than by the drilling of wells); or
(ii)whether or not the lessee is in a position to carry on a GHG injection operation in the GHG lease area;
and
(b)inform the Minister in writing of the results of the re‑evaluation.
(3A)For the purposes of subsection (3), the required period is —
(a)3 months after the receipt of a written notice from the Minister requesting the lessee to comply with subsection (3); or
(b)any further period that the Minister, on application in writing served on the Minister before the end of the period mentioned in paragraph (a), allows.
(4)Where a lessee has complied with 2 notices of the kind referred to in subsection (3A)(a) during the term of the lease, the Minister must not give to the lessee during that term a further notice of that kind.
(5)The Minister may, by written notice given to the lessee, vary a lease granted under section 38CD by imposing 1 or more conditions to which the lease is subject.
(6)A notice under subsection (5) may only be given within 14 days after the grant of the lease.
(7)A variation under subsection (5) takes effect on the day on which notice of the variation is given to the lessee.
[Section 38H inserted: No. 12 of 1990 s. 174; amended: No. 7 of 2017 s. 41; No. 17 of 2024 s. 260, 261 and 301.]
38J.Certain discoveries in lease area to be notified
(a)petroleum or a regulated substance is discovered in a lease area; or
(b)a potential GHG storage formation or potential GHG injection site is discovered in a lease area.
(2)The lessee must —
(b)within the period of 3 days after the day of the discovery, give the Minister particulars in writing of the discovery.
[Section 38J inserted: No. 17 of 2024 s. 302.]
[38K.Deleted: No. 42 of 2010 s. 96.]
Division 3 — Production licences for petroleum or regulated substances and GHG injection licences
[Heading amended: No. 17 of 2024 s. 260 and 303.]
39.Recovery of petroleum or regulated substance in adjacent area
A person must not carry on operations for the recovery of petroleum or a regulated substance in the adjacent area except —
(a)under and in accordance with a petroleum production licence; or
Penalty: imprisonment for 5 years or a fine of $50 000.
[Section 39 amended: No. 42 of 2010 s. 171; No. 17 of 2024 s. 260, 261 and 304.]
39A.GHG injection operations in adjacent area
A person must not carry on GHG injection operations in the adjacent area except —
(a)under and in accordance with a GHG injection licence; or
Penalty: imprisonment for 5 years or a fine of $50 000.
[Section 39A inserted: No. 17 of 2024 s. 305.]
40.Application by petroleum permittee for petroleum production licence
(1)A petroleum permittee whose petroleum exploration permit is in force in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Minister for the grant of a petroleum production licence —
(a)where 9 or more blocks constitute the location concerned, in respect of 5 of those blocks; or
(b)where 8 or 7 blocks constitute the location concerned, in respect of 4 of those blocks; or
(c)where 6 or 5 blocks constitute the location concerned, in respect of 3 of those blocks; or
(d)where 4 or 3 blocks constitute the location concerned, in respect of 2 of those blocks; or
(e)where 2 blocks constitute the location concerned, in respect of one of those blocks; or
(f)where one block constitutes the location concerned, in respect of that block.
(2)A petroleum permittee whose petroleum exploration permit is in force in respect of blocks that constitute a location —
(a)instead of making an application under subsection (1) in respect of the permittee’s primary entitlement, may, within the application period, make an application to the Minister for the grant of a petroleum production licence in respect of a number of those blocks that is less than the permittee’s primary entitlement; and
(b)being the holder of a petroleum production licence referred to in paragraph (a), may, from time to time within that period, make an application to the Minister for the variation of that licence to include in the licence area a number of those blocks that does not exceed the number, if any, by which the permittee’s primary entitlement exceeds the number of blocks in respect of which that licence was granted and the number of blocks, if any, included in that licence by reason of any previous variations of that licence.
(a)a petroleum permittee makes an application under subsection (1) in respect of the permittee’s primary entitlement; or
(b)a petroleum permittee who is the holder of a petroleum production licence in respect of a number of blocks that is less than the permittee’s primary entitlement makes an application under subsection (2) for a variation of that licence, and the number of blocks in respect of which that licence was granted, together with the number of blocks included, and sought to be included, in the licence area by reason of applications under that subsection, is the permittee’s primary entitlement,
the petroleum permittee may, within the application period, make an application to the Minister for the grant of a petroleum production licence in respect of any of the other blocks forming part of the location concerned.
(4)Subject to subsection (5), the application period in respect of an application under this section by a petroleum permittee is —
(a)the period of 2 years after the date on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or
(b)such other period, not less than 2 years or more than 4 years after that date, as the Minister, on application by the permittee, in writing, served on the Minister before the expiration of the period of 2 years referred to in paragraph (a), allows.
(a)a petroleum permittee applies for the grant by the Minister of a petroleum production licence in respect of a block or blocks in respect of which the permittee has applied for a petroleum retention lease under section 38A(1); and
(b)an instrument refusing to grant the lease is served on the permittee under section 38B(2),
the application period is whichever of the following periods last expires —
(c)the period that is applicable under subsection (4);
(d)the period of 12 months after the day of service of the instrument.
[Section 40 amended: No. 12 of 1990 s. 175; No. 28 of 1994 s. 91; No. 17 of 2024 s. 261 and 306.]
40AA.Application by GHG permittee for GHG injection licence
(1)A GHG permittee whose GHG exploration permit is in force in respect of a block that constitutes, or the blocks that constitute, an identified GHG storage formation may apply to the Minister for the grant of a GHG injection licence in respect of —
(a)the block that constitutes the identified GHG storage formation; or
(b)all of the blocks that constitute the identified GHG storage formation; or
(c)some of the blocks that constitute the identified GHG storage formation.
(2)Subsection (3) applies if —
(a)an application under subsection (1) (the licence application) relates to a block or blocks in respect of which the GHG permittee has applied for a GHG retention lease under section 38A(1A); and
(b)an instrument refusing to grant the GHG retention lease is served on the GHG permittee under section 38B(2).
(3)The licence application must be made within 12 months after the day of service of the instrument.
[Section 40AA inserted: No. 17 of 2024 s. 307.]
40A.Application for licence by lessee
(1)A petroleum lessee whose petroleum retention lease is in force may make an application to the Minister for the grant of a petroleum production licence —
(a)where the lease is in respect of 9 or more blocks, in respect of 5 of those blocks; or
(b)where the lease is in respect of 8 or 7 blocks, in respect of 4 of those blocks; or
(c)where the lease is in respect of 6 or 5 blocks, in respect of 3 of those blocks; or
(d)where the lease is in respect of 4 or 3 blocks, in respect of 2 of those blocks; or
(e)where the lease is in respect of 2 blocks, in respect of one of those blocks; or
(f)where the lease is in respect of one block, in respect of that block.
(1A)A GHG lessee whose GHG retention lease is in force may make an application to the Minister for the grant of a GHG injection licence —
(a)if the lease is in respect of 2 or more blocks, in respect of all of those blocks; or
(b)if the lease is in respect of 1 block, in respect of that block.
(1B)A petroleum lessee whose petroleum retention lease is in force in respect of a block or blocks may make an application to the Minister for the grant of a GHG injection licence over the block or blocks if —
(a)a single identified GHG storage formation extends to the block or blocks; and
(b)none of the following is in force in respect of the block or blocks —
(2)At any time while a petroleum retention lease is in force, the petroleum lessee may, instead of making an application under subsection (1) in respect of the lessee’s primary entitlement, make an application to the Minister for the grant of a petroleum production licence in respect of a number of blocks that is less than the lessee’s primary entitlement.
(3)Where a petroleum lessee makes an application under subsection (1) in respect of the lessee’s primary entitlement, the lessee may, at any time while the petroleum retention lease concerned is in force, make an application to the Minister for the grant of a petroleum production licence in respect of any of the other blocks forming part of the lease.
[Section 40A inserted: No. 12 of 1990 s. 176; amended: No. 17 of 2024 s. 308.]
40B.Application by petroleum licensee for GHG injection licence
A petroleum licensee whose petroleum production licence is in force in respect of a block or blocks may apply to the Minister for the grant of a GHG injection licence over the block or blocks if —
(a)a single identified GHG storage formation extends to the block or blocks; and
(b)none of the following is in force in respect of the block or blocks —
[Section 40B inserted: No. 17 of 2024 s. 309.]
41.Requirements for application for licence under s. 40, 40AA, 40A or 40B
(1)An application under section 40, 40AA, 40A or 40B —
(c)must be accompanied by particulars of the proposals of the applicant for work and expenditure in respect of the area comprised in the blocks specified in the application; and
(ca)may, in the case of an application for a petroleum production licence, include an application for an approval for the purposes of section 52(2)(a); and
(cb)must, in the case of an application for the grant of a GHG injection licence, specify the source, volume and composition of the greenhouse gas substance to be initially injected and stored; and
(d)may set out any other matters that the applicant wishes the Minister to consider; and
(2)The Minister may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the period specified in the instrument, further information in writing in connection with the application.
[Section 41 amended: No. 12 of 1990 s. 177; No. 42 of 2010 s. 97; No. 17 of 2024 s. 227, 261 and 310.]
42.Determination of rate of royalty
(1)Where an application for a primary licence has been made and, before or after the grant of the primary licence, the applicant makes an application for a secondary licence, the Minister must determine a rate at which royalty is to be payable in respect of petroleum or a regulated substance recovered, whether under the primary licence or under the secondary licence, being a rate that is not less than 11% or more than 12½ % of the royalty value of that petroleum or regulated substance.
(2)The Minister must not, under subsection (1), determine the rate at which royalty is to be payable unless the Minister has given to the applicant an opportunity to confer with the Minister concerning that rate.
[Section 42 amended: No. 11 of 1994 s. 9; No. 17 of 2024 s. 260 and 261.]
43.Notification as to grant of licence
(1)This section applies if an application for the grant of a licence has been made under section 40, 40AA, 40A or 40B.
(2A)If —
(aa)an application for the grant of a petroleum production licence is made under section 40 or 40A; and
(a)the applicant has given any further information as and when required by the Minister under section 41(2); and
(b)the Minister is satisfied that the area comprised in the block, or any 1 or more of the blocks, specified in the application contains petroleum or a regulated substance,
the Minister must, by written notice served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a licence in respect of the block or blocks as to which the Minister is satisfied as mentioned in paragraph (b).
(2B)On an application under section 40AA, 40A or 40B for the grant of a GHG injection licence, the Minister must, by written notice served on the applicant, inform the applicant that the Minister is prepared to grant the licence in respect of 1 or more of the blocks specified in the application if —
(a)the applicant gives any further information as and when required by the Minister under section 41(2); and
(b)the Minister is satisfied that the area comprised in the block or blocks specified in the application contains an identified GHG storage formation.
(2)A notice under subsection (2A) or (2B) must —
(a)contain a summary of the conditions subject to which the licence is to be granted; and
(aa)if the notice is under subsection (2A) and the application included an application for an approval for the purposes of section 52(2)(a) — contain a statement as to whether the approval will be granted with the petroleum production licence; and
(b)if the notice relates to an application for a secondary licence, specify the rate of royalty determined by the Minister in pursuance of section 42(1); and
(c)contain a statement to the effect that the application will lapse if the applicant does not make a request under section 44(1) in respect of the grant of the licence.
(3)If the Minister decides not to grant to the applicant a licence in respect of the block, or any of the blocks, specified in the application because —
(a)the applicant has failed to comply with a requirement made by the Minister under section 41(2); or
(b)the Minister is not satisfied as mentioned in subsection (2A)(b) or (2B)(b), whichever is applicable, in respect of the block or blocks,
the Minister must, by written notice served on the applicant, inform the applicant of the Minister’s decision and the reasons for the decision.
[Section 43 amended: No. 12 of 1990 s. 178; No. 28 of 1994 s. 92; No. 42 of 2010 s. 98; No. 17 of 2024 s. 228, 260, 261 and 311.]
44.Grant of licence
(1)An applicant on whom a notice is served under section 43(2A) or (2B) may, within the required period, by instrument in writing served on the Minister, request the Minister to grant to the applicant the licence referred to in the notice.
(2)If an applicant on whom a notice is served under section 43(2A) or (2B) has made a request under subsection (1) within the required period, the Minister must grant to the applicant a petroleum production licence or a GHG injection licence, as the case requires, in respect of the block or blocks as to which the Minister is satisfied as mentioned in section 43(2A)(b) or (2B)(b).
(2AA)For the purposes of subsections (1) and (2), the required period is —
(a)3 months after the day of service of the notice; or
(b)any further period, not exceeding 3 months, that the Minister, on application in writing served on the Minister before the end of the period mentioned in paragraph (a), allows.
(2A)If applicable, a petroleum production licence must include the approval granted for the purposes of section 52(2)(a).
(3)A secondary licence must not be granted to a petroleum permittee or petroleum lessee in respect of any 1 or more of the blocks that constitute a location unless —
(a)a primary licence has been granted in respect of a block or blocks forming part of that location; and
(b)the number of blocks in respect of which the primary licence was granted, together with the number of blocks included in that licence by reason of variations of the licence under section 45, is the permittee’s or lessee’s primary entitlement.
(4)Where an applicant on whom there has been served a notice under section 43(2A) or (2B) has not made a request under subsection (1) within the required period, the application lapses upon the expiration of that period.
(5)On the day on which a licence granted under this section comes into force, the permit or lease in respect of the blocks in respect of which the licence was granted ceases to be in force in respect of those blocks.
(6)Subsection (5) does not apply if the licence is a GHG injection licence granted on an application made under section 40A(1B) or 40B.
[Section 44 amended: No. 12 of 1990 s. 179; No. 28 of 1994 s. 93; No. 42 of 2010 s. 99; No. 17 of 2024 s. 229(2), 261 and 312.]
44A.Application of s. 41 to 44 where permit, lease or petroleum production licence transferred
(a)after an application has been made —
(i)under section 40 or 40AA for the grant of a licence in respect of a block or blocks in respect of which a permit is in force; or
(ii)under section 40A for the grant of a licence in respect of a block or blocks in respect of which a lease is in force; or
(iii)under section 40B for the grant of a GHG injection licence in respect of a block or blocks in respect of which a petroleum production licence is in force;
and
(b)before a decision has been made by the Minister under section 43(2A), (2B) or (3) in relation to the application,
a transfer of the permit, lease or petroleum production licence, as the case may be, is registered under section 78, then, after the time of the transfer sections 41 to 44 have effect in relation to the application as if any reference in those sections to the applicant were a reference to the transferee.
[Section 44A inserted: No. 28 of 1994 s. 94; amended: No. 42 of 2010 s. 100; No. 17 of 2024 s. 313.]
45.Variation of petroleum production licence area
(1)Where an application is made under section 40(2) for a variation of a petroleum production licence, the Minister shall, by instrument in writing served on the licensee, vary the licence to include in the licence area such of the blocks specified in the application as are blocks as to which the Minister is satisfied as mentioned in section 43(2A)(b).
(2)On and from the day on and from which a variation of a licence under this section has effect —
(a)the blocks included in the licence area by reason of the variation are, subject to this Part, for the remainder of the term of the licence, blocks in respect of which the licence is in force; and
(b)the petroleum exploration permit that is in force in respect of the blocks so included ceases to be in force in respect of those blocks.
[Section 45 amended: No. 12 of 1990 s. 180; No. 42 of 2010 s. 101; No. 17 of 2024 s. 314.]
46.Determination of petroleum exploration permit or petroleum retention lease as to block not taken up by licensee
(1)Subject to subsection (2), where —
(a)a petroleum permittee who may make an application under section 40 in respect of a block does not, within the application period, make the application; or
(b)all applications made by a petroleum permittee under that section in respect of a block have lapsed,
the petroleum exploration permit is determined as to that block and the determination has effect —
(c)in a case referred to in paragraph (a), upon the expiration of the application period; and
(d)in a case referred to in paragraph (b) —
(i)upon the expiration of the application period; or
(ii)upon the lapsing of the last of the applications referred to in that paragraph,
whichever is the later.
(1a)Subject to subsection (2), where all applications made by a petroleum lessee under section 40A(1) in respect of a block have lapsed, the petroleum retention lease is determined as to that block and the determination has effect upon the lapsing of the last of those applications.
(2)Where a petroleum permittee or petroleum lessee makes an application for a secondary licence —
(a)the petroleum exploration permit or petroleum retention lease is determined as to any blocks forming part of the location concerned that are not the subject of that application or of any application for a primary licence or for the variation of such a licence; and
(b)the determination has effect upon the making of the application.
(3)Subject to subsection (4), where a block or blocks constituting or forming part of a location is or are no longer the subject of a petroleum exploration permit or petroleum retention lease, the Minister must, by instrument published in the Gazette —
(a)in a case where that block or those blocks constitutes or constitute that location, revoke the declaration made under section 37 in respect of that location; or
(b)in a case where that block or those blocks forms or form part of that location, revoke the declaration made under section 37 in respect of that location to the extent that it relates to that block or those blocks.
(4)Subsection (3) does not apply in relation to a block —
(a)in respect of which an application for the grant of a petroleum retention lease or petroleum production licence has been made, being an application that has not lapsed and in relation to which a decision has not been made by the Minister; or
(b)in respect of which a petroleum retention lease or petroleum production licence is in force.
(5)Where a petroleum retention lease is granted in respect of a block or blocks forming part of a location, the Minister must, by instrument published in the Gazette, revoke the declaration made under section 37 to the extent that it relates to the block or blocks that is or are not within the petroleum lease area.
(a)the Minister refuses to grant a petroleum retention lease in respect of a block or blocks constituting or forming part of a location; and
(b)the reason, or one of the reasons, for the refusal is that the Minister is not satisfied as to the matter referred to in section 38B(1)(c)(ii),
the Minister must, by instrument published in the Gazette, revoke the declaration made under section 37 in respect of that location.
(7)This section does not apply in relation to a petroleum exploration permit if —
(a)the petroleum exploration permit has been granted on the basis that an area (the relevant area) is within the adjacent area; and
(i)ceases to be within the adjacent area; and
(ii)falls within the offshore area;
and
(c)immediately before the change, the relevant area was a part of the petroleum permit area.
(8)For the purposes of subsection (7) —
(a)section 6A is to be disregarded; and
(b)it is immaterial whether the change occurred before, at or after the commencement day.
(9)In subsection (8)(b) —
commencement day means the day on which the Petroleum Legislation Amendment Act 2017 section 42 comes into operation.
[Section 46 amended: No. 12 of 1990 s. 181; No. 7 of 2017 s. 42; No. 17 of 2024 s. 261 and 315.]
47.Application for petroleum production licence in respect of surrendered, cancelled or determined blocks
(1)Subsection (1A) applies if —
(a)a petroleum production licence is surrendered or cancelled as to a block; or
(b)a petroleum exploration permit or petroleum retention lease is surrendered, cancelled or determined as to a block —
(i)that, at the time of the surrender, cancellation or determination, was, or was included in, a location; and
(ii)in which, in the opinion of the Minister, there is petroleum or a regulated substance;
or
(c)a resources pool from which the petroleum or regulated substance has been recovered is within or extends to a block which is not the subject of a petroleum exploration permit, petroleum retention lease or petroleum production licence.
(1A)The Minister may, by instrument published in the Gazette —
(a)invite applications for the grant of a petroleum production licence in respect of that block; and
(b)specify a period within which applications may be made.
(2)The Minister must, in an instrument under subsection (1A), state —
(a)that an applicant is required to specify an amount that the applicant would be prepared to pay in respect of the grant of a petroleum production licence to the applicant on the application; or
(b)that an applicant is required to specify a rate of royalty that the applicant would be prepared to pay, if a petroleum production licence were granted to the applicant on the application, in respect of petroleum or a regulated substance recovered under the licence, being a rate that exceeds 10% of the royalty value of that petroleum or regulated substance.
(3)Where the Minister, in an instrument under subsection (1A), states that an applicant is required to specify a rate of royalty as mentioned in subsection (2)(b), the Minister may, in that instrument, state that an applicant on whose application the Minister is prepared to grant a petroleum production licence will also be required to pay, in respect of the grant of the licence to the applicant, the amount specified in that behalf in that instrument.
[(4), (5)deleted]
(6)An application under this section —
(c)must be accompanied by the particulars referred to in section 41(1)(c); and
(d)must specify, in accordance with the requirement in the instrument by which applications were invited, the amount or the rate of royalty that the applicant would be prepared to pay; and
(da)may include an application for an approval for the purposes of section 52(2)(a); and
[(e)deleted]
(f)may set out any other matters that the applicant wishes the Minister to consider.
(7)The Minister may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the period specified in the instrument, further information in connection with the application.
[Section 47 amended: No. 12 of 1990 s. 182; No. 11 of 1994 s. 9; No. 28 of 1994 s. 95; No. 42 of 2010 s. 102; No. 17 of 2024 s. 230, 259‑261 and 316.]
48.Application fee for s. 47
(1)An application under section 47 shall be accompanied by —
(a)the prescribed fee; and
(b)a deposit —
(i)if the applicant has specified an amount that he would be prepared to pay in respect of the grant of a licence to him on the application, of 10% of that amount; or
(ii)if the Minister has in the instrument by which applications were invited stated an amount that the applicant will be required to pay in respect of the grant of a licence, of 10% of that amount.
(2)Where a licence is not granted on the application, the amount of the deposit shall, subject to subsection (3), be refunded to the applicant.
(3)Where an applicant on whom there has been served an instrument under section 49(1) does not request the Minister, under section 49(6), to grant to him the licence referred to in the instrument, the deposit shall not be refunded to the applicant.
[Section 48 amended: No. 12 of 1990 s. 183; No. 42 of 2010 s. 103.]
49.Request by applicant for grant of petroleum production licence under s. 47
(1)Where, at the expiration of the period specified in an instrument under section 47(1A), only 1 application has been made under that section in respect of the block specified in the instrument, the Minister may reject the application or may, by instrument in writing served on the applicant, inform the applicant that the Minister is prepared to grant the applicant a petroleum production licence in respect of that block.
(2)Where, at the expiration of the period specified in an instrument under section 47(1A), 2 or more applications have been made under that section in respect of the block specified in the instrument, the Minister may reject any or all of the applications and, if the Minister does not reject all of the applications, may —
(a)if only 1 application remains unrejected, by instrument in writing served on the applicant; or
(b)if 2 or more applications remain unrejected, by instrument in writing served on the applicant, or on 1 of the applicants, whose application has not been rejected and who has specified in his application an amount, or a rate of royalty, that the Minister would be prepared to pay that is not less than the amount, or the rate of royalty, specified in the application of any other applicant whose application has not been rejected,
inform the applicant —
(c)that the Minister is prepared to grant to the applicant a petroleum production licence in respect of that block; and
(d)that the applicant will be required to pay —
(i)the amount specified in the application; or
(ii)royalty at the rate specified in the application; or
(iii)royalty at the rate specified in the application and the amount specified in the instrument under section 47(1),
as the case may be.
[(3), (4)deleted]
(5)An instrument under any of the preceding provisions of this section must contain —
(a)a summary of the conditions subject to which the licence is to be granted; and
(aa)if the application included an application for an approval for the purposes of section 52(2)(a) — a statement as to whether the approval will be granted with the licence; and
(b)a statement of the balance of the amount, if any, that the applicant will be required to pay in respect of the grant of the licence; and
(c)a statement to the effect that the application will lapse —
(i)if the applicant does not make a request under subsection (6); or
(ii)in a case where the instrument contains a statement referred to in paragraph (b), if the applicant does not pay the balance of the amount referred to in that statement.
(6)An applicant on whom there has been served an instrument under any of the preceding provisions of this section may, within a period of 3 months after the date of service of the instrument, or within such further period, not exceeding 3 months, as the Minister, on application in writing served on the Minister before the expiration of the first‑mentioned period of 3 months, allows —
(a)by instrument in writing served on the Minister, request the Minister to grant to the applicant the licence; and
(b)if the first‑mentioned instrument contains a statement of the balance of an amount that the applicant will be required to pay in respect of the grant of the licence to the applicant, pay that balance.
(7)Where an applicant on whom there has been served an instrument under subsection (1) or (2) —
(a)has not made a request under subsection (6); or
(b)if the instrument contains a statement of the balance of an amount that the applicant will be required to pay in respect of the grant of a licence to the applicant, has not paid that balance,
within the period applicable under subsection (6), the application lapses upon the expiration of that period.
(8)Where the application of an applicant on whom there has been served an instrument under subsection (2) lapses as provided by subsection (7), subsection (2) applies in respect of the application or applications, if any, then remaining unrejected.
[Section 49 amended: No. 12 of 1990 s. 184; No. 28 of 1994 s. 96; No. 42 of 2010 s. 104; No. 17 of 2024 s. 231, 261 and 317.]
50.Grant of petroleum production licence on request under s. 49
(1)Where an applicant on whom there has been served an instrument under section 49 —
(a)has made a request under section 49(6); and
(b)if the instrument contains a statement of the balance of an amount that the applicant will be required to pay in respect of the grant of a petroleum production licence to the applicant, has paid that balance,
within the period applicable under section 49(6), the Minister must grant to the applicant a petroleum production licence in respect of the block specified in the instrument.
(2)If applicable, a petroleum production licence must include the approval granted for the purposes of section 52(2)(a).
[Section 50 amended: No. 28 of 1994 s. 97; No. 42 of 2010 s. 105; No. 17 of 2024 s. 232, 261 and 318.]
51.Petroleum production licence for 2 or more blocks may be divided into 2 or more licences
(1)Where a petroleum production licence (in this section called the original licence) is in force in respect of 2 or more blocks (not being blocks that form, or form part of, a location), the licensee may make an application to the Minister for the grant to the licensee of 2 or more petroleum production licences in respect of the blocks the subject of the original licence in exchange for the original licence.
(c)must specify the number of licences required; and
(d)must specify the block or blocks the subject of the original licence in respect of which each licence is sought; and
[(3)deleted]
(4)Where a licensee has made an application under this section, the Minister must grant to the licensee petroleum production licences in accordance with the application.
(5)A licence granted on an application under this section —
(a)remains in force, subject to this Part, but notwithstanding section 53, for the remainder of the term of the original licence; and
(b)must be granted subject to conditions corresponding as nearly as may be to the conditions to which the original licence was subject; and
(c)if the original licence included an approval for the purposes of section 52(2)(a) or an approval had been granted in relation to the original licence for the purposes of section 52(2)(b) — must include an approval corresponding as nearly as may be to the previously granted approval; and
(d)must be granted subject to any directions under this Act previously given to the holder of the original licence in respect of the licence area of the original licence; and
(e)must be granted subject to any instruments and agreements in respect of the original licence a memorial of which is entered in the register under section 76, to the extent that the instruments and agreements apply to the licence (or any of those instruments and agreements that are in effect at the time that an application under this section is granted but in respect of which a memorial is not yet entered under section 76).
(6)Where licences are granted on an application under this section —
(a)the original licence is, by force of this subsection, determined; and
(b)the determination has effect on and from the day on which those licences come into force.
[Section 51 amended: No. 12 of 1990 s. 185; No. 28 of 1994 s. 98; No. 42 of 2010 s. 106; No. 17 of 2024 s. 233, 261 and 319.]
51A.Grant of licence as result of change to boundary of offshore area
(b)if a graticular section is wholly within the area that was covered by the Commonwealth licence concerned — the graticular section; or
(c)if a part only of a graticular section is within the area that was covered by the Commonwealth licence concerned — that part of the graticular section.
See also subsection (6).
(a)a Commonwealth licence has been granted on the basis that an area (the relevant area) is within the offshore area; and
and
and
(d)there are one or more section 17 blocks (the relevant section 17 blocks) that —
(i)correspond to the section 17 blocks that were covered by the Commonwealth licence immediately before the change; and
(iii)are not the subject of a variation under section 103A.
(a)one or more, but not all, of the section 17 blocks that were covered by the Commonwealth licence immediately before the change are in the relevant area; and
(b)the Commonwealth licence subsequently ceases to be in force at the same time (the relevant time) —
(i)as to all of the section 17 blocks that were covered by the Commonwealth licence immediately before the change and that are in the offshore area; and
(ii)otherwise than as the result of the cancellation or surrender of the Commonwealth licence.
(a)all of the section 17 blocks that were covered by the Commonwealth licence immediately before the change are in the relevant area; and
(b)the Commonwealth licence subsequently ceases to be in force at the same time (the relevant time) —
(i)as to all of the section 17 blocks that were covered by the Commonwealth licence immediately before the change; and
(ii)otherwise than as the result of the cancellation or surrender of the Commonwealth licence.
(5)The Minister is taken —
(a)to have granted the holder of the Commonwealth licence a petroleum production licence over the relevant section 17 blocks; and
(b)to have done so immediately after the relevant time mentioned in whichever of subsection (3) or (4) is applicable.
For the duration of the licence, see section 53(3).
(6)If, after the change to the boundary of the offshore area —
(a)a part of a section 17 block that was covered by the Commonwealth licence immediately before the change is in the offshore area; and
then, for the purposes of this section (other than this subsection), each of those parts is taken to constitute, and to have always constituted, a section 17 block.
[Section 51A inserted: No. 7 of 2017 s. 43; amended: No. 17 of 2024 s. 320.]
52.Rights conferred by licence
(1)Except as provided in subsection (2), a petroleum production licence, while it remains in force, authorises the petroleum licensee, subject to this Act and in accordance with the conditions to which the petroleum production licence is subject —
(a)to recover petroleum or a regulated substance —
(i)in the petroleum licence area; and
(ii)from the petroleum licence area in another area to which the petroleum licensee has lawful access for that purpose;
and
(b)to explore for petroleum or a regulated substance in the petroleum licence area; and
(c)to carry on any operations and execute any works in the petroleum licence area that are necessary for those purposes.
(2)A petroleum production licence does not authorise the petroleum licensee to do the things referred to in subsection (1)(a) to (c) in relation to a regulated substance unless —
(a)the petroleum production licence includes an approval granted by the Minister extending the licence to cover the regulated substance; or
(b)the petroleum licensee applies to the Minister in writing for such an approval and the Minister grants the approval by instrument in writing.
(3)A petroleum production licence does not authorise the petroleum licensee to make a well outside the petroleum licence area.
The petroleum licensee may be able to make a well outside the petroleum licence area under another authority, for example, a petroleum access authority.
(4)A GHG injection licence, while it remains in force, authorises the GHG licensee, subject to this Act and in accordance with the conditions to which the GHG injection licence is subject —
(a)to inject a greenhouse gas substance into an identified GHG storage formation that is wholly situated in the GHG licence area, so long as the relevant well is situated in the GHG licence area; and
(b)to permanently store a greenhouse gas substance in an identified GHG storage formation that is wholly situated in the GHG licence area, so long as the injection of the stored greenhouse gas substance takes place at a well situated in the GHG licence area; and
(c)to explore for a potential GHG storage formation in the GHG licence area; and
(d)to explore for a potential GHG injection site in the GHG licence area; and
(e)to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as the relevant well is situated in the GHG licence area; and
(f)to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation, so long as the relevant well is situated in the GHG licence area; and
(g)to inject, on an appraisal basis, any of the following into a part of a geological formation for purposes in connection with the exploration authorised by paragraph (c) or (d), so long as the relevant well is situated in the GHG licence area —
and
(h)to store, on an appraisal basis, any of the following in a part of a geological formation for purposes in connection with the exploration authorised by paragraph (c) or (d), so long as the relevant well is situated in the GHG licence area —
and
(i)with the written consent of the Minister, to recover petroleum or a regulated substance in the GHG licence area for the sole purpose of appraising a discovery of —
(i)petroleum that was made as an incidental consequence of the injection authorised by paragraph (a), (e) or (g); or
(ii)petroleum or a regulated substance that was made as an incidental consequence of the exploration authorised by paragraph (c) or (d);
and
(j)to carry on any operations and execute any works in the GHG licence area that are necessary for those purposes.
(5)If petroleum or a regulated substance is recovered by the GHG licensee in the GHG licence area as authorised by subsection (4)(i), the petroleum or regulated substance does not become the property of the GHG licensee.
(6)A GHG injection licence does not authorise the GHG licensee to make a well outside the GHG licence area.
[Section 52 inserted: No. 17 of 2024 s. 321.]
[52A.Deleted: No. 52 of 1995 s. 39.]
53.Term of licence
(1)Subject to this Part, a petroleum production licence granted before the commencement of the Petroleum and Energy Legislation Amendment Act 2010 section 107(3) remains in force —
(a)in the case of a licence granted otherwise than by way of renewal of a licence, for the period of 21 years commencing on the day on which the licence is granted or, if a later day is specified in the licence as being the day on which the licence is to come into force, on the later day; and
(b)in the case of a licence granted by way of the first renewal of a licence, for the period of 21 years commencing on the day on which the licence is granted or, if a later date is specified in the licence as being the day on which the licence is to come into force, on that later day; and
(c)in the case of a licence granted by way of the second renewal of a licence — indefinitely.
(2)Subject to this Part, a petroleum production licence granted after the commencement of the Petroleum and Energy Legislation Amendment Act 2010 section 107(3), other than a licence granted under section 51A, remains in force indefinitely.
(3)Subject to this Part, a licence granted under section 51A remains in force for the period of 21 years commencing on the day on which the licence is granted.
(4)Subject to this Part, a GHG injection licence remains in force indefinitely.
[Section 53 amended: No. 12 of 1990 s. 186; No. 42 of 2010 s. 107; No. 7 of 2017 s. 44; No. 17 of 2024 s. 322.]
53A.Certain discoveries in licence area to be notified
(a)petroleum or a regulated substance is discovered in a licence area; or
(b)a potential GHG storage formation or potential GHG injection site is discovered in a licence area.
(2)The licensee must —
(b)within the period of 3 days after the day of the discovery, give the Minister particulars in writing of the discovery.
[Section 53A inserted: No. 17 of 2024 s. 323.]
54A.Termination of licence if no operations for 5 years
(1)If a petroleum production licence is in force under section 53(1)(c) or (2) and the licensee has not carried on any operations for the recovery of petroleum or a regulated substance under the licence at any time during a continuous period of at least 5 years, the Minister may, by written notice served on the licensee, inform the licensee that the Minister proposes to terminate the licence after the end of the period of 1 month after the notice is served.
(1A)If a GHG injection licence is in force under section 53(4) and the licensee has not carried on any GHG injection operations under the licence at any time during a continuous period of at least 5 years, the Minister may, by written notice served on the licensee, inform the licensee that the Minister proposes to terminate the licence after the end of the period of 1 month after the notice is served.
(2)At any time after the end of the period of 1 month after the notice referred to in subsection (1) or (1A) is served on the licensee, the Minister may, by written notice served on the licensee, terminate the licence.
(3)In working out for the purposes of subsection (1) the duration of the period in which no operations for the recovery of petroleum or a regulated substance were carried on under a petroleum production licence, any period in which no such operations were carried on because of circumstances beyond the licensee’s control is to be disregarded.
(4)In working out for the purposes of subsection (1A) the duration of the period in which no GHG injection operations were carried on under a GHG injection licence, any period in which those operations were not carried on because of circumstances beyond the licensee’s control is to be disregarded.
[Section 54A inserted: No. 42 of 2010 s. 108; amended: No. 17 of 2024 s. 260, 261 and 324.]
54.Application for renewal of petroleum production licence
(1)Subject to this section, a petroleum licensee under a petroleum production licence to which section 53(1)(a) or (b) or (3) applies may, from time to time, make an application to the Minister for the renewal of the licence.
(2)An application for the renewal of the petroleum production licence —
(b)subject to subsection (3), shall be made in an approved manner not less than 6 months before the day on which the licence ceases to be in force; and
(c)shall be accompanied by particulars of the proposals of the petroleum licensee for work and expenditure in respect of the petroleum licence area; and
(3)The Minister may, for reasons that he thinks sufficient, receive an application for the renewal of the petroleum production licence less than 6 months before, but not in any case after, the day on which the licence ceases to be in force.
(4)If —
(a)a petroleum production licence under section 51A (the relevant licence) is granted; and
(b)the Commonwealth licence that ceases to be in force, as mentioned in section 51A(3)(b) or (4)(b), was granted otherwise than by way of renewal,
an application must not be made for the renewal of the relevant licence if the Minister has previously granted a renewal of the licence.
(a)a petroleum production licence under section 51A (the relevant licence) is granted; and
(b)the Commonwealth licence that ceases to be in force, as mentioned in section 51A(3)(b) or (4)(b), was granted by way of renewal,
an application must not be made for the renewal of the relevant licence.
[Section 54 amended: No. 12 of 1990 s. 187; No. 42 of 2010 s. 109; No. 7 of 2017 s. 45; No. 17 of 2024 s. 325.]
55.Grant or refusal of renewal of petroleum production licence
(a)an application for the renewal of a petroleum production licence has been made under section 54; and
(b)the conditions to which the licence is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with,
the Minister —
(c)must if —
(i)the application is in respect of the first renewal of the licence; or
(ii)the application is in respect of a renewal of the licence other than the first renewal and operations for the recovery of petroleum or a regulated substance have been carried on in the petroleum licence area before the end of the period of 5 years before the application for the renewal was made;
or
(d)may in any other case,
by instrument in writing served on the person who is then the petroleum licensee, inform that person that the Minister is prepared to grant to that person the renewal of the licence.
(2)Where —
(a)an application for the renewal of a petroleum production licence has been made under section 54; and
(b)any of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with, but the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the licence,
the Minister may, by instrument in writing served on the person who is then the petroleum licensee, inform the person that the Minister is prepared to grant to that person the renewal of the licence.
(3)If any of the conditions to which the petroleum production licence is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with, and if the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the licence, the Minister must, subject to subsection (4), by instrument in writing served on the person who is then the petroleum licensee, refuse to grant the renewal of the licence.
(4)The Minister must not, under subsection (3), refuse to grant the renewal of a petroleum production licence unless the Minister —
(a)has, by instrument in writing served on the petroleum licensee, given not less than 1 month’s notice of the Minister’s intention to refuse to grant the renewal of the licence; and
(b)has served a copy of the instrument on such other persons, if any, as the Minister thinks fit; and
(c)has, in the instrument —
(ii)specified a date on or before which the petroleum licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that the licensee or person wishes the Minister to consider;
and
(d)has taken into account any matters so submitted to the Minister on or before the specified date by the petroleum licensee or by a person on whom a copy of the first‑mentioned instrument has been served.
(5)Where an application has been made under section 54 in respect of a renewal other than the first renewal of the petroleum production licence, the Minister may, by instrument in writing served on the person who is then the petroleum licensee, refuse to grant the renewal of the licence.
[(6)deleted]
(7)An instrument under subsection (1) or (2) must contain —
(a)a summary of the conditions to which the petroleum production licence, on the grant of the renewal, is to be subject; and
(b)a statement to the effect that the application will lapse if the petroleum licensee does not make a request under subsection (8).
(8)A petroleum licensee on whom there has been served an instrument under subsection (1) or (2) may, within a period of 1 month after the date of service of the instrument on the licensee, by instrument in writing served on the Minister, request the Minister to grant the renewal of the petroleum production licence.
(9)Where a petroleum licensee on whom there has been served an instrument under subsection (1) or (2) has made a request under subsection (8) within the period referred to in subsection (8), the Minister must grant the renewal of the petroleum production licence.
(10)Where a petroleum licensee on whom there has been served an instrument under subsection (1) or (2) has not made a request under subsection (8) within the period referred to in subsection (8), the application lapses upon the expiration of that period.
(11)Where —
(a)an application for the renewal of a petroleum production licence is made under section 54; and
(b)the licence expires —
(i)before the Minister grants, or refuses to grant, the renewal of the licence; or
(ii)before the application lapses as provided by subsection (10),
the licence is taken to continue in force in all respects —
(c)until the Minister grants, or refuses to grant, the renewal of the licence; or
[Section 55 amended: No. 28 of 1994 s. 99; No. 42 of 2010 s. 110; No. 17 of 2024 s. 260, 261 and 326.]
56.Conditions of licence
(1)A licence may be granted subject to such conditions as the Minister thinks fit and specifies in the licence.
(1A)Without limiting subsection (1), a GHG injection licence is subject to the condition that the GHG licensee must comply with any requirements imposed on the GHG licensee by any regulations made for the purposes of subsection (1B).
(1B)The regulations may establish a regime for third party access to services provided by means of the use of —
(a)identified GHG storage formations; or
(b)wells, equipment or structures for use in injecting greenhouse gas substances into identified GHG storage formations; or
(c)equipment or structures for use in the processing, compressing or storing of greenhouse gas substances prior to the injection of the substances into identified GHG storage formations.
(2)Subsection (1) does not apply to a licence granted under section 51A.
(3)The Minister may, by written notice given to the licensee, vary a licence granted under section 51A by imposing 1 or more conditions to which the licence is subject.
(4)A notice under subsection (3) may only be given within 14 days after the grant of the licence.
(5)A variation under subsection (3) takes effect on the day on which notice of the variation is given to the licensee.
[Section 56 amended: No. 7 of 2017 s. 46; No. 17 of 2024 s. 261 and 327.]
[57.Deleted: No. 12 of 1990 s. 188(1).]
58.Directions as to recovery of petroleum or regulated substance
(1)Where petroleum or a regulated substance is not being recovered in a licence area and the Minister is satisfied that there is recoverable petroleum or a regulated substance in that area, the Minister may, by instrument in writing served on the licensee, direct the licensee to take all necessary and practicable steps to recover that petroleum or regulated substance.
(2)Where the Minister is not satisfied with the steps taken or being taken by a licensee to whom a direction has been given under subsection (1), the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for or in relation to the recovery of petroleum or a regulated substance in the licence area.
(3)Where petroleum or a regulated substance is being recovered in a licence area, the Minister may, for reasons that the Minister thinks sufficient, by instrument in writing served on the licensee, direct the licensee to take all necessary and practicable steps to increase or reduce the rate at which petroleum or a regulated substance is being recovered in the licence area or from a resources pool in the licence area to such rate as the Minister specifies in the instrument.
(4)Where the Minister is not satisfied with the steps taken or being taken by a licensee to whom a direction has been given under subsection (3), the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for or in relation to the increase or reduction of the rate at which petroleum or a regulated substance is being recovered in the licence area or from a resources pool in the licence area.
(5)Without limiting the matters that may be taken into account by the Minister in determining whether to give a direction under subsection (3) or (4), the Minister may take into account matters relating to the effects on State revenue of the proposed direction, but the Minister must not give a direction under subsection (3) or (4) if the direction would require action to be taken that is contrary to good oil‑field practice.
[Section 58 amended: No. 12 of 1990 s. 189; No. 17 of 2024 s. 259‑261.]
59.Unit development
(1)In this section, the expression unit development —
(a)applies in relation to a resources pool that is partly in a particular licence area of a licensee and partly in a licence area of another licensee or in an area that is not within the adjacent area but in which a person other than the first‑mentioned licensee is lawfully entitled to carry on operations for the recovery of petroleum or a regulated substance from the pool; and
(b)means the carrying on of operations for the recovery of petroleum or a regulated substance from that pool under cooperative arrangements between the persons entitled to carry on such operations in each of those areas.
(2)A licensee may from time to time enter into an agreement in writing for or in relation to the unit development of a resources pool, but nothing in this subsection derogates from the operation of section 81(2).
(3)The Minister of the Minister’s own motion or on application in writing by —
(a)a licensee in whose licence area there is a part of a particular resources pool; or
(b)a person who is lawfully entitled to carry on operations for the recovery of petroleum or a regulated substance in an area outside the adjacent area that includes part of a particular resources pool that extends into the adjacent area,
may, for the purpose of securing the more effective recovery of petroleum or a regulated substance, from the resources pool, direct any licensee whose licence area includes part of the resources pool, by instrument in writing served on the licensee, to enter into an agreement in writing, within the period specified in the instrument, for or in relation to the unit development of the resources pool and to lodge an application in accordance with section 81 for approval of any dealing to which the agreement relates.
(a)a licensee who is directed, under subsection (3), to enter into an agreement for or in relation to the unit development of a resources pool does not enter into such an agreement within the specified period; or
(b)a licensee enters into such an agreement but an application for approval of a dealing to which the agreement relates is not lodged with the Minister or, if an application is so lodged, the dealing is not approved under section 81,
the Minister may, by instrument in writing served on the licensee, direct the licensee to submit to the Minister, within the period specified in the instrument, a scheme for or in relation to the unit development of the resources pool.
(5)At any time after the expiration of the period within which a scheme for or in relation to the unit development of a resources pool is to be submitted by a licensee under subsection (4), the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for the purpose of securing the more effective recovery of petroleum or a regulated substance from the resources pool.
(6)Where a person is the licensee in respect of 2 or more licence areas in each of which there is part of a particular resources pool, the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for the purpose of securing the more effective recovery of petroleum or a regulated substance from the resources pool.
(7)Where an agreement under this section is in force or the Minister has given directions under subsection (5) or (6), the Minister may, having regard to additional information that has become available, by instrument in writing served on the licensee or licensees concerned, give to the licensee or licensees such directions, or further directions, as the case may be, as the Minister thinks necessary for the purpose of securing the more effective recovery of petroleum or a regulated substance from the resources pool.
(8)The Minister must not give a direction under subsection (6) or (7) unless the Minister has given to the licensee or licensees concerned an opportunity to confer with the Minister concerning the proposed direction.
(9)Directions under subsection (5), (6) or (7) may include directions as to the rate at which petroleum or a regulated substance is to be recovered.
(10)In this section, dealing means a dealing to which section 81 applies.
(11)The Minister must —
(aa)if a resources pool extends, or is reasonably believed by the Minister to extend, from the adjacent area into an area to which another written law relating to the exploitation of petroleum or regulated substance resources applies, consult with any other Minister concerned; or
(a)if a resources pool extends, or is reasonably believed by the Minister to extend, from the adjacent area into lands to which the laws of another State or the Northern Territory relating to the exploitation of petroleum or regulated substance resources apply, or into the adjacent area of an adjoining State or the Northern Territory, consult with the appropriate authority of that State or the Northern Territory concerning the exploitation of the resources pool; or
(b)if a resources pool extends, or is reasonably believed by the Minister to extend, from the adjacent area into the offshore area of a State (other than Western Australia) within the meaning of the Commonwealth Act, or the offshore area of the Northern Territory, within the meaning of that Act, consult with the Joint Authority, as defined in the Commonwealth Act section 7, in respect of that State or the Northern Territory concerning the exploitation of the resources pool; or
(c)if a resources pool extends, or is reasonably believed by the Minister to extend, from the adjacent area into the offshore area of Western Australia, consult with the Joint Authority concerning the exploitation of the resources pool; or
(d)if 2 or more of paragraphs (aa), (a), (b) and (c) apply, comply with each of those applicable paragraphs.
(12)Where subsection (11) applies in relation to a resources pool, the Minister must not approve an agreement under this section, or give a direction under this section, in relation to that resources pool except with the approval of any other Minister, authority or Joint Authority required by that subsection to be consulted.
[Section 59 amended: No. 12 of 1990 s. 190; No. 42 of 2010 s. 111; No. 7 of 2017 s. 47; No. 17 of 2024 s. 259‑261.]
[59A, 59B.Deleted: No. 42 of 2010 s. 113.]
Division 4A — Infrastructure licences
[Heading inserted: No. 42 of 2010 s. 112.]
60A.Construction etc. of infrastructure facilities
A person shall not, in the adjacent area —
(a)begin or continue the construction, or the alteration or reconstruction, of any infrastructure facilities; or
(b)operate any infrastructure facilities,
except —
(c)under and in accordance with an infrastructure licence; or
(d)as otherwise permitted by this Part.
[Section 60A inserted: No. 42 of 2010 s. 112.]
60B.Application for infrastructure licence
(1)A person may apply to the Minister for the grant of an infrastructure licence.
(2)The application —
(a)shall be made in an approved manner; and
(b)shall be accompanied by particulars of the proposals of the applicant for the construction and operation of infrastructure facilities at a place in the adjacent area, being a place described in the application; and
(3)The Minister may, at any time, by written notice served on the applicant, require the applicant to give, within the period stated in the notice, further written information in connection with the application.
[Section 60B inserted: No. 42 of 2010 s. 112; amended: No. 17 of 2024 s. 328.]
60C.Notification as to grant of infrastructure licence
(1)If an application for the grant of an infrastructure licence has been made under section 60B and the applicant has given any further information as and when required by the Minister under section 60B(3), then, subject to section 60D, the Minister, by written notice served on the applicant, may inform the applicant that the Minister is prepared to grant to the applicant an infrastructure licence in respect of the place described in the application.
(2)A notice under subsection (1) shall —
(a)contain a summary of the conditions subject to which the infrastructure licence is to be granted; and
(b)contain a statement to the effect that the application will lapse if the applicant does not make a request under section 60E(1) in respect of the infrastructure licence.
[Section 60C inserted: No. 42 of 2010 s. 112.]
60D.Notices to be given by Minister
(1)This section applies if the Minister is prepared to grant an infrastructure licence (the proposed infrastructure licence) in respect of a place in a block that —
(a)is the subject of a permit, lease, licence, infrastructure licence, special prospecting authority or access authority; or
(b)is, or is proposed to be, transected by a pipeline in accordance with the provisions of a pipeline licence,
of which the registered holder is a person other than the applicant.
(2)The Minister shall not inform the applicant under section 60C that the Minister is prepared to grant the proposed infrastructure licence unless the Minister —
(a)has, by written notice served on the registered holder referred to in subsection (1), given not less than one month’s notice that the Minister is prepared to grant the proposed infrastructure licence; and
(b)has served a copy of the notice on such other persons (if any) as the Minister thinks fit; and
(c)has, in the notice —
(i)given particulars of the proposed infrastructure licence; and
(ii)specified a date, on or before which a person on whom the notice, or a copy of the notice, is served may, by writing served on the Minister, submit any matters that the person wishes the Minister to consider;
and
(d)has taken into account any matters so submitted on or before the specified date by a person on whom the first‑mentioned notice, or a copy of it, has been served.
(3)Subsection (2) does not apply —
(a)in respect of the registered holder of a permit, lease, licence, infrastructure licence or pipeline licence if the registered holder has consented in writing to the grant of the proposed infrastructure licence; or
(b)in respect of the registered holder of a special prospecting authority or an access authority if —
(i)the registered holder has consented in writing to the grant of the proposed infrastructure licence; or
(ii)the special prospecting authority or access authority will expire before any construction or operation of facilities under the proposed infrastructure licence would occur.
[Section 60D inserted: No. 42 of 2010 s. 112.]
60E.Grant of infrastructure licence
(1)An applicant on whom a notice has been served under section 60C(1) may, by written notice served on the Minister, request the Minister to grant to the applicant the infrastructure licence referred to in the first‑mentioned notice.
(2)The request must be made —
(a)before the end of the period of 3 months after the date of service of the notice on the applicant under section 60C(1); or
(b)if the Minister, on application in writing made to the Minister before the end of that period, allows a further period of not more than 3 months for the making of the request — before the end of that further period.
(3)If the applicant makes the request within the period applicable under subsection (2), the Minister shall grant to the applicant an infrastructure licence in respect of the place described in the application.
(4)If the applicant does not make the request within the period applicable under subsection (2), the application lapses at the end of that period.
[Section 60E inserted: No. 42 of 2010 s. 112.]
60F.Rights conferred by infrastructure licence
(1)An infrastructure licence, while it remains in force, authorises the infrastructure licensee, subject to this Act and in accordance with the conditions to which the infrastructure licence is subject, to construct and operate infrastructure facilities in the infrastructure area.
(2)To avoid doubt, the grant of an infrastructure licence is not a prerequisite to doing any thing that could be authorised to be done by a permit, lease, licence or pipeline licence.
[Section 60F inserted: No. 42 of 2010 s. 112.]
60G.Term of infrastructure licence
Subject to this Part, an infrastructure licence remains in force indefinitely.
[Section 60G inserted: No. 42 of 2010 s. 112.]
60H.Termination of infrastructure licence if no operations for 5 years
(1)If an infrastructure licensee —
(a)has not carried out any construction work under the infrastructure licence at any time during a continuous period of 5 years; and
(b)has not used the infrastructure facilities constructed under the infrastructure licence at any time during a continuous period of 5 years,
the Minister may, by written notice served on the infrastructure licensee, inform the infrastructure licensee that the Minister proposes to terminate the infrastructure licence after the end of the period of one month after the notice is served.
(2)At any time after the end of the period of one month after the notice referred to in subsection (1) is served on the infrastructure licensee, the Minister may, by written notice served on the infrastructure licensee, terminate the infrastructure licence.
(3)In working out, for the purposes of subsection (1), the duration of the period in which an infrastructure licensee did not carry out any construction work under the infrastructure licence or did not use the infrastructure facilities constructed under the infrastructure licence, any period in which construction work was not carried out, or the infrastructure facilities were not used, because of circumstances beyond the infrastructure licensee’s control is to be disregarded.
[Section 60H inserted: No. 42 of 2010 s. 112.]
60I.Conditions of infrastructure licence
An infrastructure licence may be granted subject to such conditions as the Minister thinks fit and are specified in the infrastructure licence.
[Section 60I inserted: No. 42 of 2010 s. 112.]
60J.Variation of infrastructure licence
(1)An infrastructure licensee may, at any time, make an application to the Minister for the variation of the infrastructure licence.
(a)shall be made in the approved manner; and
(b)shall be accompanied by particulars of the proposed variation; and
(c)shall set out the reasons for the proposed variation; and
(3)The Minister may, at any time, by written notice served on the applicant, require the applicant to give, within the period stated in the notice, further written information in connection with the application.
(4)If the infrastructure licence was granted in respect of a place in a block that —
(a)is the subject of a permit, lease, licence, infrastructure licence, special prospecting authority or access authority; or
(b)is, or is proposed to be, transected by a pipeline in accordance with the provisions of a pipeline licence,
of which the registered holder is a person other than the applicant, the Minister shall not vary the infrastructure licence pursuant to the application unless the Minister —
(c)has, by written notice served on the registered holder, given not less than one month’s notice that the Minister is considering the application; and
(d)has served a copy of the notice on such other persons (if any) as the Minister thinks fit; and
(e)has, in the notice —
(i)given particulars of the proposed variation; and
(ii)specified a date on or before which a person on whom the notice or a copy of the notice, is served may, by writing served on the Minister, submit any matters that the person wishes the Minister to consider.
(5)Subsection (4) does not apply —
(a)in respect of the registered holder of a permit, lease, licence, infrastructure licence or pipeline licence if the registered holder has consented in writing to the variation of the infrastructure licence; or
(b)in respect of the registered holder of a special prospecting authority or an access authority if —
(i)the registered holder has consented in writing to the variation of the infrastructure licence; or
(ii)the special prospecting authority or access authority will expire before any construction or operation of facilities under the infrastructure licence as proposed to be varied would occur.
(6)After considering any matters submitted to the Minister under subsection (4) on or before the date specified in the notice served under that subsection by a person to whom the notice, or a copy of the notice, has been served, the Minister may —
(a)by written notice served on the applicant, vary the infrastructure licence to such extent as the Minister thinks necessary; or
(b)refuse to vary the infrastructure licence.
[Section 60J inserted: No. 42 of 2010 s. 112.]
Division 4 — Pipeline licences
Subdivision 1 — General provisions
[Heading inserted: No. 17 of 2024 s. 329.]
60K.Term used: adjacent area
(1)For the purposes of subsection (2), assume that the breadth of the territorial sea had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.
(2)In this Division —
adjacent area means so much of the scheduled area as consists of —
(a)the territorial sea; and
(b)any area that is —
(i)on the landward side of the territorial sea; and
(ii)not within the limits of Western Australia.
[Section 60K inserted: No. 42 of 2010 s. 113.]
60L.Pipeline operator under the Commonwealth Act or corresponding law
In this Division, the pipeline operator under the Commonwealth Act or a corresponding law is a person —
(a)who is entitled under the Commonwealth Act or a corresponding law to carry on operations for the recovery of petroleum or the injection of greenhouse gas substances in an area outside the adjacent area; and
(b)who the Minister is satisfied is or will be entitled to construct a pipeline from the first‑mentioned area to the boundary of the adjacent area.
[Section 60L inserted: No. 17 of 2024 s. 330.]
60M.Specified greenhouse gas pipelines
greenhouse gas (GHG licence area) pipeline, in relation to a GHG licence area, means a greenhouse gas pipeline for —
(a)the conveyance within the GHG licence area of a greenhouse gas substance that is to be injected into an identified GHG storage formation that is wholly situated in the GHG licence area; or
(b)the conveyance from a place outside the GHG licence area to a place in the GHG licence area of a greenhouse gas substance that is to be injected into an identified GHG storage formation that is wholly situated in the GHG licence area;
greenhouse gas (petroleum licence area) pipeline, in relation to a petroleum licence area, means a greenhouse gas pipeline for —
(a)the conveyance within the petroleum licence area of any greenhouse gas substance that is a by‑product of petroleum operations carried on under the petroleum production licence; or
(b)the conveyance from a place outside the petroleum licence area to a place in the petroleum licence area of any greenhouse gas substance that is to be injected into the seabed or subsoil of the petroleum licence area to enhance petroleum operations carried on under the petroleum production licence.
[Section 60M inserted: No. 17 of 2024 s. 330.]
60.Construction etc. of pipeline etc.
(1)A person shall not, in the adjacent area —
(a)commence or continue the construction, or the alteration or reconstruction, of a pipeline; or
(b)operate a pipeline,
except under and in accordance with a pipeline licence.
[(2), (3)deleted]
(4)A person shall not, in the adjacent area, commence to operate a pipeline unless —
(a)it has been constructed and tested in accordance with a pipeline licence; and
(b)the Minister has certified in writing that he or she is satisfied that the pipeline has been so constructed and tested and is fit to be operated.
(5)A person shall not, in the adjacent area, recommence to operate a pipeline, the previous operation of which was discontinued, except with, and in accordance with, a consent in writing of the Minister.
(6)The Minister may, for reasons that he thinks sufficient, refuse to give a consent or certificate for the purposes of this section and, where he gives a consent, may attach conditions to it.
Penalty for an offence under subsection (1), (4) or (5): a fine of $50 000 or imprisonment for 5 years, or both.
[Section 60 amended: No. 42 of 2010 s. 114.]
61.Acts done in an emergency etc.
It is not an offence against section 60 —
(a)if, in an emergency in which there is a likelihood of loss or injury, or for the purpose of maintaining a pipeline in good order or repair, a person does an act to avoid the loss or injury or to maintain the pipeline in good order and repair and —
(i)as soon as practicable notifies the Minister of the act done; and
(ii)complies with any directions given to him by the Minister;
or
(b)if a person does an act in compliance with a direction under this Act.
[Section 61 amended: No. 13 of 2005 s. 46(2); No. 42 of 2010 s. 115.]
62.Removal of pipeline etc. constructed in contravention of Act
(a)the construction of a pipeline is commenced, continued or completed in contravention of this Act; or
(b)a pipeline is altered or reconstructed in contravention of this Act,
the Minister may, by instrument in writing served on the appropriate person, direct him —
(c)to make such alterations to the pipeline as are specified in the instrument; or
(d)to move the pipeline to a specified place in, or to remove it from, the adjacent area,
within the period specified in the instrument.
(2)For the purpose of subsection (1), the appropriate person is —
(a)if the construction of the pipeline has been completed, the owner of the pipeline; or
(b)if the construction of the pipeline has not been completed, the person for whom the pipeline is being constructed.
(3)Where a person on whom there has been served an instrument under subsection (1) does not, within the period specified in the instrument or within such further period, if any, as the Minister, on application in writing served on him before the expiration of the first‑mentioned period, allows, comply with the direction, the Minister may do all or any of the things required by the direction to be done.
(4)Costs and expenses incurred by the Minister under subsection (3) are a debt due by the person referred to in that subsection to the State and are recoverable in a court of competent jurisdiction.
[Section 62 amended: No. 42 of 2010 s. 116.]
63.Terminal station
The Minister may, by instrument published in the Gazette, declare a pumping station, a tank station or a valve station in the adjacent area to be a terminal station.
63A.Terminal point
(1)The Minister may, by notice published in the Gazette, declare that a specified point on a pipe, or system of pipes, for conveying a greenhouse gas substance is a terminal point for the purposes of this Act.
(2)A declaration under subsection (1) has effect accordingly.
(3)To avoid doubt, a declaration may be made under subsection (1) whether or not a person has applied for a pipeline licence.
[Section 63A inserted: No. 17 of 2024 s. 331.]
Subdivision 2 — Obtaining pipeline licences
[Heading inserted: No. 17 of 2024 s. 332.]
64.Application for pipeline licence
(1)A person may apply to the Minister for the grant of a pipeline licence.
(2)An application may be made under this section for a pipeline licence whether the licence is for the conveyance of —
(a)petroleum recovered from an area within the adjacent area or an area outside the adjacent area; or
(b)greenhouse gas substances within the adjacent area or to or from an area outside the adjacent area.
(3)An application under this section must be made in an approved manner and be accompanied by the prescribed fee.
(4)An application under this section must be accompanied by details of —
(a)the proposed design and construction of the pipeline; and
(b)the proposed size and capacity of the pipeline; and
(c)the proposals of the applicant for work and expenditure in respect of the construction of the pipeline; and
(d)the technical qualifications of the applicant and of the applicant’s employees; and
(e)the technical advice available to the applicant; and
(f)the financial resources available to the applicant; and
(g)any agreements entered into, or proposed to be entered into, by the applicant for or in relation to the supply or conveyance of petroleum or greenhouse gas substances by means of the pipeline.
(5)An application under this section must be accompanied by a plan, drawn to an approved scale, showing —
(a)the route to be followed by the pipeline; and
(b)the sites of pumping stations, tank stations and valve stations to be used in connection with the pipeline; and
(c)the site of any pumping station, tank station or valve station that the applicant wants to be declared under section 63 to be a terminal station in connection with the pipeline; and
(d)the location of any point that the applicant wants to be declared under section 63A(1) to be a terminal point in connection with the pipeline.
(6)An application under this section may set out any other matters that the applicant wishes the Minister to consider.
[Section 64 inserted: No. 17 of 2024 s. 333.]
64A.Request for further information
(1)The Minister may, at any time and by written notice given to an applicant for a pipeline licence, require the applicant to give the Minister, within the period specified in the notice, further information in connection with the application.
(2)If the applicant fails to comply with the requirement, the Minister may, by written notice given to the applicant —
(a)refuse to consider the application; or
(b)refuse to take any action, or any further action, in relation to the application.
(3)Subsection (2) has effect despite any provision of this Division that requires the Minister to —
(a)consider the application; or
(b)take any particular action in relation to the application.
(4)A reference in this section to taking action in relation to the application includes a reference to giving a pipeline licence offer notice in relation to the application.
[Section 64A inserted: No. 17 of 2024 s. 333.]
64B.Rights of petroleum licensees following application for petroleum pipeline licences by other persons
(b)a person applies for a pipeline licence in relation to the construction, in the adjacent area, of a petroleum pipeline for the conveyance of petroleum recovered in the petroleum licence area; and
(c)the person is not the petroleum licensee.
(2)The petroleum licensee may, within the required period, apply to the Minister under section 64 for the grant of that pipeline licence and request that the application mentioned in subsection (1)(b) be rejected.
(a)3 months after the publication in the Gazette of notice of the application mentioned in subsection (1)(b); or
(b)a further period, not being more than 3 months, that the Minister, on application in writing served on the Minister before the end of the period mentioned in paragraph (a), allows.
(4)If a pipeline licence is granted to the petroleum licensee as a result of an application covered by subsection (2), the Minister must, by written notice given to the person mentioned in subsection (1)(b), reject the application mentioned in subsection (1)(b).
[Section 64B inserted: No. 17 of 2024 s. 333.]
64C.Rights of petroleum licensees following application for greenhouse gas pipeline licences by other persons
(c)a person applies for a pipeline licence in relation to the construction, in the adjacent area, of a greenhouse gas (petroleum licence area) pipeline in relation to the petroleum licence area; and
(d)the person is not the petroleum licensee.
(2)The petroleum licensee may, within the required period, apply to the Minister under section 64 for the grant of that pipeline licence and request that the application mentioned in subsection (1)(c) be rejected.
(a)3 months after the publication in the Gazette of notice of the application mentioned in subsection (1)(c); or
(b)a further period, not being more than 3 months, that the Minister, on application in writing served on the Minister before the end of the period mentioned in paragraph (a), allows.
(4)If a pipeline licence is granted to the petroleum licensee as a result of an application covered by subsection (2), the Minister must, by written notice given to the person mentioned in subsection (1)(c), reject the application mentioned in subsection (1)(c).
[Section 64C inserted: No. 17 of 2024 s. 333.]
64D.Rights of GHG licensees following application for greenhouse gas pipeline licences by other persons
(c)a person applies for a pipeline licence in relation to the construction, in the adjacent area, of a greenhouse gas (GHG licence area) pipeline in relation to the GHG licence area; and
(d)the person is not the GHG licensee.
(2)The GHG licensee may, within the required period, apply to the Minister under section 64 for the grant of that pipeline licence and request that the application mentioned in subsection (1)(c) be rejected.
(a)3 months after the publication in the Gazette of notice of the application mentioned in subsection (1)(c); or
(b)a further period, not being more than 3 months, that the Minister, on application in writing served on the Minister before the end of the period mentioned in paragraph (a), allows.
(4)If a pipeline licence is granted to the GHG licensee as a result of an application covered by subsection (2), the Minister must, by written notice given to the person mentioned in subsection (1)(c), reject the application mentioned in subsection (1)(c).
[Section 64D inserted: No. 17 of 2024 s. 333.]
64E.Rights of pipeline operator following application for petroleum pipeline licences by other persons
(a)a person applies for a pipeline licence in relation to the construction, in the adjacent area, of a petroleum pipeline for the conveyance of petroleum recovered in the licence area of a production licence under the Commonwealth Act or a corresponding law; and
(b)the person is not the pipeline operator under the Commonwealth Act or corresponding law.
(2)The pipeline operator under the Commonwealth Act or corresponding law may, within the required period, apply to the Minister under section 64 for the grant of that pipeline licence and request that the application mentioned in subsection (1)(a) be rejected.
(a)3 months after the publication in the Gazette of notice of the application mentioned in subsection (1)(a); or
(b)a further period, not being more than 3 months, that the Minister, on application in writing served on the Minister before the end of the period mentioned in paragraph (a), allows.
(4)If a pipeline licence is granted to the pipeline operator as a result of an application covered by subsection (2), the Minister must, by written notice given to the person mentioned in subsection (1)(a), reject the application mentioned in subsection (1)(a).
[Section 64E inserted: No. 17 of 2024 s. 333.]
64F.Rights of pipeline operator following application for greenhouse gas pipeline licences by other persons
(a)a person applies for a pipeline licence in relation to the construction, in the adjacent area, of a greenhouse gas pipeline for the conveyance of a greenhouse gas substance to a place in a greenhouse gas injection licence area under the Commonwealth Act or a corresponding law; and
(b)the person is not the pipeline operator under the Commonwealth Act or a corresponding law.
(2)The pipeline operator under the Commonwealth Act or corresponding law may, within the required period, apply to the Minister under section 64 for the grant of that pipeline licence and request that the application mentioned in subsection (1)(a) be rejected.
(a)3 months after the publication in the Gazette of notice of the application mentioned in subsection (1)(a); or
(b)a further period, not being more than 3 months, that the Minister, on application in writing served on the Minister before the end of the period mentioned in paragraph (a), allows.
(4)If a pipeline licence is granted to the pipeline operator under the Commonwealth Act or corresponding law as a result of an application covered by subsection (2), the Minister must, by written notice given to the person mentioned in subsection (1)(a), reject the application mentioned in subsection (1)(a).
[Section 64F inserted: No. 17 of 2024 s. 333.]
64G.Petroleum pipeline licence offer — petroleum recovered in petroleum licence area
(1)This section applies if an application is made under section 64 for a pipeline licence in relation to the construction, in the adjacent area, of a petroleum pipeline for the conveyance of petroleum recovered in the petroleum licence area.
(2)If the applicant is the petroleum licensee, the Minister must give the applicant a written notice informing the applicant that the Minister is prepared to grant the applicant a pipeline licence if the following have been complied with —
(a)the conditions to which the petroleum production licence is, or has from time to time been, subject;
(3)If the applicant is the petroleum licensee, the Minister may give the applicant a written notice informing the applicant that the Minister is prepared to grant the applicant a pipeline licence if —
and
(b)the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of a pipeline licence.
(4)If the applicant is not the petroleum licensee and the application has not been rejected under section 64B(4), the Minister may give the applicant a written notice informing the applicant that the Minister is prepared to grant the applicant a pipeline licence.
[Section 64G inserted: No. 17 of 2024 s. 333.]
64H.Petroleum pipeline licence offer — petroleum recovered in licence area under Commonwealth Act or corresponding law
(1)This section applies if an application is made under section 64 for a pipeline licence in relation to the construction, in the adjacent area, of a petroleum pipeline for the conveyance of petroleum recovered in the licence area of a production licence under the Commonwealth Act or a corresponding law.
(2)If the applicant is the pipeline operator under the Commonwealth Act or corresponding law, the Minister must give the applicant a written notice informing the applicant that the Minister is prepared to grant the applicant a pipeline licence.
(3)If the applicant is not the pipeline operator under the Commonwealth Act or corresponding law and the application has not been rejected under section 64E(4), the Minister may give the applicant a written notice informing the applicant that the Minister is prepared to grant the applicant a pipeline licence.
[Section 64H inserted: No. 17 of 2024 s. 333.]
64I.Greenhouse gas pipeline licence offer relating to petroleum licence area
(c)an application is made under section 64 for a pipeline licence in relation to the construction, in the adjacent area, of a greenhouse gas (petroleum licence area) pipeline in relation to the petroleum licence area.
(2)If the applicant is the petroleum licensee, the Minister must give the applicant a written notice informing the applicant that the Minister is prepared to grant the applicant a pipeline licence if the following have been complied with —
(a)the conditions to which the petroleum production licence is, or has from time to time been, subject;
(3)If the applicant is the petroleum licensee, the Minister may give the applicant a written notice informing the applicant that the Minister is prepared to grant the applicant a pipeline licence if —
and
(b)the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of a pipeline licence.
(4)If the applicant is not the petroleum licensee and the application has not been rejected under section 64C(4), the Minister may give the applicant a written notice informing the applicant that the Minister is prepared to grant the applicant a pipeline licence.
[Section 64I inserted: No. 17 of 2024 s. 333.]
64J.Greenhouse gas pipeline licence offer — GHG licence area
(c)an application is made under section 64 for a pipeline licence in relation to the construction, in the adjacent area, of a greenhouse gas (GHG licence area) pipeline in relation to the GHG licence area.
(2)If the applicant is the GHG licensee, the Minister must give the applicant a written notice informing the applicant that the Minister is prepared to grant the applicant a pipeline licence if the following have been complied with —
(a)the conditions to which the GHG injection licence is, or has from time to time been, subject;
(3)If the applicant is the GHG licensee, the Minister may give the applicant a written notice informing the applicant that the Minister is prepared to grant the applicant a pipeline licence if —
(i)the conditions to which the GHG injection licence is, or has from time to time been, subject;
and
(b)the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of a pipeline licence.
(4)If the applicant is not the GHG licensee and the application has not been rejected under section 64D(4), the Minister may give the applicant a written notice informing the applicant that the Minister is prepared to grant the applicant a pipeline licence.
[Section 64J inserted: No. 17 of 2024 s. 333.]
64K.Greenhouse gas pipeline licence offer — greenhouse gas injection area under Commonwealth Act or corresponding law
(1)This section applies if an application is made under section 64 for a pipeline licence in relation to the construction, in the adjacent area, of a greenhouse gas pipeline for the conveyance of a greenhouse gas substance to a place in a greenhouse gas injection licence area under the Commonwealth Act or a corresponding law.
(2)If the applicant is the pipeline operator under the Commonwealth Act or corresponding law, the Minister must give the applicant a written notice informing the applicant that the Minister is prepared to grant the applicant a pipeline licence.
(3)If the applicant is not the pipeline operator under the Commonwealth Act or corresponding law and the application has not been rejected under section 64F(4), the Minister may give the applicant a written notice informing the applicant that the Minister is prepared to grant the applicant a pipeline licence.
[Section 64K inserted: No. 17 of 2024 s. 333.]
64L.Form and content of pipeline licence offer notice
(1)A pipeline licence offer notice must —
(a)specify the route to be followed by the pipeline; and
(b)contain a summary of the conditions subject to which the pipeline licence is to be granted; and
(c)contain a statement to the effect that the application for a pipeline licence will lapse if the applicant does not make a request under section 64M.
(2)The route specified in a pipeline licence offer notice must be —
(a)the route shown in the plan accompanying the application; or
(b)if the Minister is of the opinion that, for any reason, that route is not appropriate, a route that, in the opinion of the Minister, is appropriate.
[Section 64L inserted: No. 17 of 2024 s. 333.]
64M.Request for grant of pipeline licence after offer
(1)A person to whom a pipeline licence offer notice is given may, within the required period, request the Minister, in writing, to grant the pipeline licence.
(2)If a person to whom a pipeline licence offer notice is given does not make a request under subsection (1) within the required period, the application for the pipeline licence lapses at the end of that period.
(3)For the purposes of subsection (1), the required period is —
(a)3 months after the pipeline licence offer notice is given; or
(b)a further period, not being more than 3 months, that the Minister, on application in writing served on the Minister before the end of the period mentioned in paragraph (a), allows.
[Section 64M inserted: No. 17 of 2024 s. 333.]
64N.Refusal to grant petroleum pipeline licence — petroleum licence area
(1)This section applies if an application is made under section 64 for a pipeline licence in relation to the construction, in the adjacent area, of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum licence area.
(2)If the application is made by the petroleum licensee, the Minister must, by written notice given to the applicant, refuse to grant the licence if —
and
(3)If the application is not made by the petroleum licensee, the Minister may, by written notice given to the applicant, refuse to grant the licence.
[Section 64N inserted: No. 17 of 2024 s. 333.]
64O.Refusal to grant greenhouse gas pipeline licence relating to petroleum licence area
(c)an application is made under section 64 for a pipeline licence in relation to the construction, in the adjacent area, of a greenhouse gas (petroleum licence area) pipeline in relation to the petroleum licence area.
(2)If the application is made by the petroleum licensee, the Minister must, by written notice given to the applicant, refuse to grant the licence if —
and
(3)If the applicant is not the petroleum licensee, the Minister may, by written notice given to the applicant, refuse to grant the licence.
[Section 64O inserted: No. 17 of 2024 s. 333.]
64P.Refusal to grant greenhouse gas pipeline licence relating to GHG licence area
(c)an application is made under section 64 for a pipeline licence in relation to the construction, in the adjacent area, of a greenhouse gas (GHG licence area) pipeline in relation to the GHG licence area.
(2)If the application is made by the GHG licensee, the Minister must, by written notice given to the applicant, refuse to grant the licence if —
(i)the conditions to which the GHG injection licence is, or has from time to time been, subject;
and
(3)If the applicant is not the GHG licensee, the Minister may, by written notice given to the applicant, refuse to grant the licence.
[Section 64P inserted: No. 17 of 2024 s. 333.]
64Q.Refusal to grant petroleum pipeline licence – petroleum production area under Commonwealth Act or corresponding law
(a)an application is made under section 64 for a pipeline licence in relation to the construction, in the adjacent area, of a petroleum pipeline for the conveyance of petroleum recovered in the licence area of a production licence under the Commonwealth Act or a corresponding law; and
(b)the applicant is not the pipeline operator under the Commonwealth Act or corresponding law.
(2)The Minister may, by written notice given to the applicant, refuse to grant the licence.
[Section 64Q inserted: No. 17 of 2024 s. 333.]
64R.Refusal to grant greenhouse gas pipeline licence – greenhouse gas injection licence area under Commonwealth Act or corresponding law
(a)an application is made under section 64 for a pipeline licence in relation to the construction, in the adjacent area, of a greenhouse gas pipeline for the conveyance of a greenhouse gas substance to a place in a greenhouse gas injection licence area under the Commonwealth Act or a corresponding law; and
(b)the applicant is not the pipeline operator under the Commonwealth Act or corresponding law.
(2)The Minister may, by written notice given to the applicant, refuse to grant the licence.
[Section 64R inserted: No. 17 of 2024 s. 333.]
64S.Consultation before refusal of application by petroleum licensee or GHG licensee
(1)Before making a decision under section 64N(2), 64O(2) or 64P(2) to refuse to grant a pipeline licence, the Minister must —
(a)by written notice given to the applicant for the licence, give at least 30 days’ notice of the Minister’s intention to make the decision; and
(b)give a copy of the notice to any other persons the Minister thinks fit.
(2)The notice must —
(a)set out details of the decision that is proposed to be made; and
(b)set out the reasons for the proposal; and
(c)invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Minister about the proposal; and
(d)specify a period within which submissions may be made.
(3)In making the decision under section 64N(2), 64O(2) or 64P(2), the Minister must take into account any submissions made in accordance with the notice.
[Section 64S inserted: No. 17 of 2024 s. 333.]
65.Grant of pipeline licence
(a)an applicant is given a pipeline licence offer notice; and
(b)the applicant makes a request under section 64M in relation to the pipeline licence offer notice within the period applicable under that section.
(2)The Minister must grant the applicant the pipeline licence.
[Section 65 inserted: No. 17 of 2024 s. 333.]
66.Rights conferred by pipeline licence
A pipeline licence, while it remains in force, authorises the pipeline licensee, subject to this Act and in accordance with the conditions to which the pipeline licence is subject —
(a)to construct in the adjacent area —
(i)a pipeline of the design, construction, size and capacity specified in the pipeline licence along the route, and in the position in relation to the seabed in the adjacent area, so specified; and
(ii)the pumping stations, tank stations and valve stations so specified in the positions so specified;
and
(b)to operate that pipeline and those pumping stations, tank stations and valve stations; and
(c)to carry on such operations, to execute such works and to do all such other things in the adjacent area as are necessary for or incidental to the construction and operation of that pipeline and of those pumping stations, tank stations and valve stations.
[Section 66 amended: No. 13 of 2005 s. 46(1).]
[66A.Deleted: No. 52 of 1995 s. 40.]
67.Term of pipeline licence
(1)Subject to this Part, a pipeline licence remains in force indefinitely.
(2)A pipeline licence comes into force on the day on which the pipeline licence is granted or, if a later day is specified in the pipeline licence as being the day on which the pipeline licence is to come into force, on that later day.
[Section 67 amended: No. 12 of 1990 s. 194; No. 42 of 2010 s. 119.]
68.Termination of pipeline licence if no operations for 5 years
(1)If a pipeline licensee —
(a)has not carried out any construction work under the pipeline licence at any time during a continuous period of 5 years; and
(b)has not used the pipeline, or has not used a particular part of it, at any time during a continuous period of 5 years,
the Minister may, by written notice served on the pipeline licensee, inform the pipeline licensee that the Minister proposes to terminate the pipeline licence, or to terminate the pipeline licence in respect of the unused part of the pipeline, as the case may be, after the end of the period of one month after the notice is served.
(2)At any time after the end of the period of one month after the notice referred to in subsection (1) is served on the pipeline licensee, the Minister may, by written notice served on the pipeline licensee, terminate the pipeline licence or terminate the pipeline licence in respect of the unused part of the pipeline, as the case may be.
(3)In working out, for the purposes of subsection (1), the duration of the period in which a pipeline licensee did not carry out any construction work under the pipeline licence or did not use the pipeline or a part of the pipeline, any period in which construction work was not carried out, or the pipeline or the part of it was not used, because of circumstances beyond the pipeline licensee’s control is to be disregarded.
[Section 68 inserted: No. 42 of 2010 s. 120.]
[69.Deleted: No. 42 of 2010 s. 121.]
70.Conditions of pipeline licence
(1)A pipeline licence may be granted subject to such conditions as the Minister thinks fit and specifies in the pipeline licence.
(2)The conditions referred to in subsection (1) may include a condition that the pipeline licensee shall complete the construction of the pipeline within the period specified in the pipeline licence.
(3)If the pipeline is a petroleum pipeline, the conditions referred to in subsection (1) may, if agreed to by the pipeline licensee, include a condition that the pipeline licensee must install 1 or more measuring devices on the pipeline, of an approved kind and at approved locations, for the purpose of measuring quantities of petroleum under section 148.
(4)A condition referred to in subsection (3) may be imposed in relation to the licence —
(a)at the time it is granted; or
(b)at any subsequent time, by written notice to the pipeline licensee.
[Section 70 amended: No. 42 of 2010 s. 122; No. 17 of 2024 s. 235 and 334.]
Subdivision 3 — Varying a pipeline licence
[Heading inserted: No. 17 of 2024 s. 335.]
71.Variation of pipeline licence on application by pipeline licensee
(1)A pipeline licensee may, at any time, make an application to the Minister for the variation of the pipeline licence.
(b)shall be made in an approved manner; and
(c)shall be accompanied by particulars of the proposed variation; and
(d)shall specify the reasons for the proposed variation; and
(e)shall be accompanied by the prescribed fee.
(3)The Minister may, at any time, by instrument in writing served on a person who has made an application under this section require him to furnish, within the period specified in the instrument, further information in writing in connection with his application.
(4)The Minister shall, in a notice published in the Gazette of an application under this section, specify a period within which a person may submit to the Minister, in writing, any matters that he wishes the Minister to consider in connection with the application.
(5)After considering any matters submitted to him under subsection (4) the Minister may, by instrument in writing, vary the pipeline licence to such extent as he thinks necessary or may refuse to vary the pipeline licence.
[Section 71 amended: No. 12 of 1990 s. 196; No. 42 of 2010 s. 123.]
72.Variation of pipeline licence by Minister
(1)The Minister may —
(a)at the request of —
(i)a Minister of the Crown of the State or a Minister of State of the Commonwealth; or
(ii)a body established by a law of the Commonwealth or of the State;
and
(b)if, in his opinion, it is in the public interest so to do,
by instrument in writing served on a person who is a pipeline licensee or the holder of an instrument of consent under section 60, direct that person to make such changes in the design, construction, route or position of the pipeline to which the pipeline licence or instrument of consent relates, as are specified in the first‑mentioned instrument, within the period specified in the first‑mentioned instrument, and, if the person so directed is a pipeline licensee, shall vary the pipeline licence accordingly.
(2)A person to whom a direction is given under subsection (1) shall comply with the direction.
(3)Where the Minister gives a direction under subsection (1), and the person to whom the direction was given has complied with the direction, that person may bring an action in the Supreme Court against the Minister, Minister of State of the Commonwealth or body making the request.
(4)The Supreme Court shall hear the action, without a jury, and shall determine whether it is just that the whole or a portion of the reasonable cost of complying with the direction ought to be paid to the plaintiff by the defendant.
(5)If the Supreme Court determines that it is just that such a payment ought to be made, the Supreme Court shall determine the amount of the payment and give judgment accordingly.
[Section 72 amended: No. 42 of 2010 s. 124 and 171.]
Subdivision 4 — Operation of pipeline licence
[Heading inserted: No. 17 of 2024 s. 336.]
73.Common carrier
(1)The Minister may, by instrument in writing served on a pipeline licensee, direct the pipeline licensee to be a common carrier of petroleum or greenhouse gas substances in respect of the pipeline and thereupon the pipeline licensee is a common carrier of petroleum or greenhouse gas substances in respect of the pipeline.
(2)The Minister cannot give a direction under subsection (1) in respect of a pipeline if it is a Code pipeline as defined in the Gas Pipelines Access (Western Australia) Law 4.
(3)While a direction is in force under subsection (1) in respect of a pipeline it cannot become a Code pipeline for the purposes of the Gas Pipelines Access (Western Australia) Law 4.
[Section 73 amended: No. 65 of 1998 Sch. 3 cl. 37; No. 17 of 2024 s. 337.]
74.Ceasing to operate pipeline
(1)Except with the consent in writing of the Minister and subject to compliance with such conditions, if any, as are specified in the instrument of consent, a pipeline licensee shall not cease to operate the pipeline.
(2)It is not an offence against subsection (1) if the failure of the pipeline licensee to operate the pipeline —
(a)was in the ordinary course of operating the pipeline; or
(b)was for the purpose of repairing or maintaining the pipeline; or
(c)was in an emergency in which there was a likelihood of loss or injury.
[Section 74 amended: No. 42 of 2010 s. 171.]
Division 4AAA — Petroleum titles and GHG titles may subsist in respect of same blocks
74AA.Petroleum titles and GHG titles may subsist in respect of same blocks
GHG title means a GHG exploration permit, GHG retention lease, GHG injection licence, GHG special prospecting authority or GHG access authority;
petroleum title means a petroleum exploration permit, petroleum retention lease, petroleum production licence, petroleum special prospecting authority or petroleum access authority.
(2)The Minister must not do either of the following unless the Minister complies with subsection (3) —
(a)grant a petroleum title on an application under this Act in respect of a block that is the subject of a GHG title of which the registered holder is a person other than the applicant;
(b)vary a petroleum production licence on an application under section 40(2)(b) to include in the licence area a block that is the subject of a GHG title of which the registered holder is a person other than the applicant.
(3)The Minister complies with this subsection if the Minister —
(a)by instrument in writing served on the registered holder of the GHG title, gives not less than 1 month’s notice of the Minister’s intention to grant the petroleum title or vary the petroleum production licence, as the case requires; and
(b)in the instrument —
(i)gives particulars of the petroleum title proposed to be granted or of the variation proposed to be made to the petroleum production licence; and
(ii)specifies a day on or before which the person on whom the instrument is served may, by instrument in writing served on the Minister, submit any matters relating to the information given under subparagraph (i) that the person wishes the Minister to consider;
and
(c)takes into account any matters the person submits to the Minister on or before the specified day.
(4)The Minister must not grant a GHG title on an application under this Act in respect of a block that is the subject of a petroleum title of which the registered holder is a person other than the applicant, unless the Minister complies with subsection (5).
(5)The Minister complies with this subsection if the Minister —
(a)by instrument in writing served on the registered holder of the petroleum title, gives not less than 1 month’s notice of the Minister’s intention to grant the GHG title; and
(b)in the instrument —
(i)gives particulars of the GHG title proposed to be granted; and
(ii)specifies a date on or before which the person on whom the instrument is served may, by instrument in writing served on the Minister, submit any matters relating to the information given under subparagraph (i) that the person wishes the Minister to consider;
and
(c)takes into account any matters the person submits to the Minister on or before the specified day.
(6)Nothing in this section limits the operation of any other provisions of this Act relating to applying for or granting a petroleum title or GHG title or varying a petroleum title.
[Section 74AA inserted: No. 17 of 2024 s. 338.]
Division 4AAB — Matters relating to GHG injection and storage
Subdivision 1 — Declaration of identified GHG storage formation
74AB.Application for declaration of identified GHG storage formation
(a)a GHG exploration permit, GHG retention lease, GHG injection licence, petroleum retention lease or petroleum production licence is in force; and
(b)the permittee, lessee or licensee has reasonable grounds to believe that —
(i)a part of a geological formation is an eligible GHG storage formation; and
(ii)that part is wholly situated in the permit area, lease area or licence area.
(2)The permittee, lessee or licensee may apply to the Minister for the declaration of the part referred to in subsection (1)(b) as an identified GHG storage formation.
(3)An application under this section must be made in an approved manner and set out —
(a)the applicant’s reasons for believing that the part referred to in subsection (1)(b) is an eligible GHG storage formation; and
(b)assuming that the part referred to in subsection (1)(b) is an eligible GHG storage formation —
(i)the fundamental suitability determinants of the eligible GHG storage formation; and
(ii)an estimate of the spatial extent of the eligible GHG storage formation; and
(iii)any other information prescribed by the regulations.
(4)An estimate of spatial extent must comply with any requirements specified in the regulations.
[Section 74AB inserted: No. 17 of 2024 s. 338.]
74AC.Requirement for further information or further analysis
(1)If an application is made under section 74AB, the Minister may, by written notice given to the applicant, require the applicant —
(a)to give the Minister, within the period specified in the notice, further information in connection with the application; or
(b)to —
(i)carry out any further analysis of relevant information specified in the notice; and
(ii)give the Minister, within the period specified in the notice, a written report of the results of that analysis.
(2)If the applicant breaches a requirement under subsection (1), the Minister may, by written notice given to the applicant —
(a)refuse to consider the application; or
(b)refuse to take any action, or any further action, in relation to the application.
[Section 74AC inserted: No. 17 of 2024 s. 338.]
74AD.Variation of application
(1)At any time before the Minister makes a declaration under section 74AE on an application under section 74AB, the applicant may, by written notice given to the Minister, vary —
(a)any or all of the fundamental suitability determinants specified in the application; or
(b)the spatial extent estimated in the application.
(2)A variation of an application must be made in an approved manner.
(3)A variation of an application may be made —
(a)on the applicant’s own initiative; or
(b)at the request of the Minister.
(4)If an application is varied under this section, a reference in this Act to the application is a reference to the application as varied.
[Section 74AD inserted: No. 17 of 2024 s. 338.]
74AE.Declaration of identified GHG storage formation
(a)an application is made under section 74AB in relation to a part of a geological formation; and
(b)the Minister is satisfied that, using the fundamental suitability determinants set out in the application —
(i)that part is an eligible GHG storage formation; and
(ii)the estimate of the spatial extent set out in the application is a reasonable estimate of the spatial extent of the eligible GHG storage formation.
(2)The Minister must, by instrument in writing, declare —
(a)that part to be an identified GHG storage formation for the purposes of this Act; and
(b)that, for the purposes of this Act, the spatial extent of the identified GHG storage formation is the spatial extent estimated in the application; and
(c)that the fundamental suitability determinants specified in the application are the fundamental suitability determinants of the identified GHG storage formation for the purposes of this Act.
(3)A declaration under subsection (2) must set out —
(a)the estimate of the spatial extent specified in the application; and
(b)the fundamental suitability determinants specified in the application.
(4)A copy of a declaration under subsection (2) must be published in the Gazette.
[Section 74AE inserted: No. 17 of 2024 s. 338.]
74AF.Refusal to make declaration
(a)an application is made under section 74AB in relation to a part of a geological formation; and
(b)the Minister is not required by section 74AE to make a declaration in relation to that part.
(2)The Minister must, by written notice given to the applicant, refuse to declare that part to be an identified GHG storage formation.
[Section 74AF inserted: No. 17 of 2024 s. 338.]
74AG.Variation of declaration
(1)This section applies if a declaration is in force under section 74AE in relation to a part of a geological formation.
(2)The Minister may, by instrument in writing, vary the declaration.
(3)A variation of the declaration may be made —
(a)if the part is wholly situated in —
(i)a GHG permit area — on the application of the GHG permittee; or
(ii)a lease area — on the application of the lessee; or
(iii)a licence area — on the application of the licensee;
or
(b)on the Minister’s own initiative.
(4)An application for a variation of the declaration must —
(a)be made in an approved manner; and
(b)set out the proposed variation; and
(c)specify the reasons for the proposed variation.
(5)In deciding whether to vary the declaration, the Minister must have regard to —
(a)any new information; and
(b)any new analysis; and
(c)any relevant scientific or technological developments; and
(d)any other matters that the Minister considers relevant.
(6)Before varying a declaration on the Minister’s own initiative, the Minister must consult —
(a)if the part is wholly situated in a GHG permit area — the GHG permittee; or
(b)if the part is wholly situated in a lease area — the lessee; or
(c)if the part is wholly situated in a licence area — the licensee.
(7)A copy of a variation under subsection (2) must be published in the Gazette.
(8)If a declaration in force under section 74AE is varied, a reference in this Act to the declaration is a reference to the declaration as varied.
[Section 74AG inserted: No. 17 of 2024 s. 338.]
74AH.Revocation of declaration
(1)This section applies if a declaration is in force under section 74AE in relation to a part of a geological formation.
(2)The Minister may, by instrument in writing, revoke the declaration if the Minister is satisfied that, using any set of fundamental suitability determinants, the part is not an eligible GHG storage formation.
(3)Before revoking a declaration, the Minister must —
(a)consult —
(i)if the part is wholly situated in a GHG permit area — the GHG permittee; or
(ii)if the part is wholly situated in a lease area — the lessee; or
(iii)if the part is wholly situated in a licence area — the licensee;
and
(b)consider whether the Minister should instead vary the declaration under section 74AG.
(4)A copy of a revocation under subsection (2) must be published in the Gazette.
[Section 74AH inserted: No. 17 of 2024 s. 338.]
Subdivision 2 — Approved site plans
74AI.Approved site plans
(1)The regulations may provide that a GHG licensee must not carry on any operations in relation to an identified GHG storage formation specified in the licence unless an approved site plan is in force in relation to the formation.
(2)The regulations may provide that, if an approved site plan is in force in relation to an identified GHG storage formation specified in a GHG injection licence, the GHG licensee must comply with the approved site plan.
(3)The regulations may make provision for the Minister to approve draft site plans.
(4)The regulations may provide that, if the Minister approves a draft site plan, the approved site plan —
(a)comes into force at the time of the approval; and
(b)remains in force —
(i)if, under the regulations, the Minister withdraws approval of the approved site plan — until the withdrawal; or
(ii)otherwise — indefinitely.
(5)The regulations may make provision for the Minister to withdraw approval of approved site plans.
(6)The regulations may make provision for and in relation to the variation of approved site plans.
(7)Regulations made for the purposes of subsection (6) may —
(a)require a GHG licensee to prepare a draft variation of an approved site plan —
(i)periodically; or
(ii)in the circumstances specified in the regulations; or
(iii)when required to do so by the Minister;
and
(b)require a GHG licensee to give the draft variation to the Minister; and
(c)make provision for the Minister to approve the variation; and
(d)provide that, if the Minister approves the variation, the approved site plan is varied accordingly.
(8)If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.
[Section 74AI inserted: No. 17 of 2024 s. 338.]
Subdivision 3 — Serious situations
74AJ.When serious situation exists
For the purposes of this Subdivision, a serious situation exists in relation to an identified GHG storage formation if —
(a)a greenhouse gas substance that has been injected into the identified GHG storage formation has leaked or will leak; or
(b)a greenhouse gas substance has leaked or will leak in the course of being injected into the identified GHG storage formation; or
(c)a greenhouse gas substance that has been injected into the identified GHG storage formation has behaved or will behave otherwise than as predicted in Part A of an approved site plan for the formation; or
(d)the injection of a greenhouse gas substance into, or the storage of a greenhouse gas substance in, the identified GHG storage formation has had or will have a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; or
(e)the identified GHG storage formation is not suitable for the permanent storage of a greenhouse gas substance as set out in an approved site plan for the formation.
[Section 74AJ inserted: No. 17 of 2024 s. 338.]
74AK.Reporting of serious situations
If a GHG licensee becomes aware that a serious situation exists in relation to an identified GHG storage formation specified in the licence, the GHG licensee must —
(a)immediately inform the Minister of the serious situation; and
(b)within the period of 3 days after informing the Minister under paragraph (a), give to the Minister particulars in writing of the serious situation.
[Section 74AK inserted: No. 17 of 2024 s. 338.]
74AL.Minister may give directions
(1)If, in the opinion of the Minister, a serious situation exists in relation to an identified GHG storage formation specified in a GHG injection licence, the Minister may, by written notice given to the GHG licensee, direct the licensee —
(a)to take all reasonable steps to ensure that a greenhouse gas substance is injected into the identified GHG storage formation in the manner specified in the direction; or
(b)to take all reasonable steps to ensure that a greenhouse gas substance is stored in the identified GHG storage formation in the manner specified in the direction; or
(c)to stop or suspend the injection of a greenhouse gas substance at the place or places specified in the direction; or
(d)to inject a greenhouse gas substance into the identified GHG storage formation at the place or places specified in the direction; or
(e)to undertake the activities specified in the direction for the purposes of eliminating, mitigating, managing or remedying the serious situation; or
(f)to take any action specified in the direction; or
(g)to refrain from taking any action specified in the direction.
(2)A direction under subsection (1) —
(a)has effect, and must be complied with, despite —
(i)any previous direction under that subsection; and
(ii)anything in the regulations;
and
(b)prevails over anything in an approved site plan for the identified GHG storage formation to the extent of any inconsistency; and
(c)may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect; and
(d)may prohibit the doing of an act or thing —
(i)unconditionally; or
(ii)subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
(3)A person to whom a direction is given under subsection (1) must comply with the direction.
[Section 74AL inserted: No. 17 of 2024 s. 338.]
Subdivision 4 — Site closing certificates
74AM.Application for site closing certificate
A GHG licensee may apply to the Minister for a site closing certificate in relation to a particular identified GHG storage formation specified in the GHG injection licence.
[Section 74AM inserted: No. 17 of 2024 s. 338.]
74AN.Application for site closing certificate required if operations have ceased
(b)operations for the injection of a greenhouse gas substance into a particular identified GHG storage formation specified in the licence have ceased.
(2)The GHG licensee must, within the application period, apply under section 74AM for a site closing certificate in relation to the identified GHG storage formation.
(3)The application period for an application referred to in subsection (2) is —
(a)the period of 30 days after the day on which the cessation referred to in subsection (1)(b) occurred; or
(b)any longer period, not more than 90 days after that day, that the Minister allows.
(4)The Minister may allow a longer period under subsection (3)(b) only on written application made by the licensee within the period of 30 days mentioned in subsection (3)(a).
[Section 74AN inserted: No. 17 of 2024 s. 338.]
74AO.Application for site closing certificate may be directed if ground for terminating or cancelling GHG injection licence exists
(b)under section 54A(1A) or 105(1), there is a ground for terminating or cancelling the licence.
(2)The Minister may, by written notice given to the GHG licensee, direct the licensee —
(a)to apply under section 74AM for a site closing certificate in relation to each identified GHG storage formation specified in the licence; and
(b)to do so within the period specified in the notice.
(3)The period specified under subsection (2)(b) must not be shorter than 30 days.
(4)A person to whom a direction is given under subsection (2) must comply with the direction.
[Section 74AO inserted: No. 17 of 2024 s. 338.]
74AP.Application for site closing certificate may be directed if GHG injection licence tied to ceased petroleum lease or licence
(b)the GHG injection licence is tied to a petroleum retention lease or petroleum production licence; and
(c)the petroleum retention lease or petroleum production licence ceases to be in force as a result of being surrendered, cancelled, terminated or wholly revoked.
(2)The Minister may, by written notice given to the GHG licensee, direct the licensee —
(a)to apply under section 74AM for a site closing certificate in relation to each identified GHG storage formation specified in the licence; and
(b)to do so within the period specified in the notice.
(3)The period specified under subsection (2)(b) must not be shorter than 30 days.
(4)A person to whom a direction is given under subsection (2) must comply with the direction.
(5)For the purposes of subsection (1)(b), a GHG injection licence (the GHG licence) is tied to a petroleum retention lease (the petroleum lease) if —
(a)the GHG licence is derived from a GHG retention lease —
(i)granted under section 38BC to the registered holder of a petroleum retention lease; or
(ii)granted by way of renewal of a GHG retention lease granted under section 38BC to the registered holder of a petroleum retention lease;
and
(b)the petroleum lease is —
(i)the petroleum retention lease referred to in paragraph (a)(i) or (ii); or
(ii)a petroleum retention lease granted by way of renewal of the petroleum retention lease referred to in paragraph (a)(i) or (ii).
(6)For the purposes of subsection (1)(b), a GHG injection licence (the GHG licence) is tied to a petroleum production licence (the petroleum licence) if —
(a)the GHG licence is derived from a GHG retention lease —
(i)granted under section 38BC to the registered holder of a petroleum retention lease; or
(ii)granted by way of renewal of a GHG retention lease granted under section 38BC to the registered holder of a petroleum retention lease;
and
(b)the petroleum licence is derived from —
(i)the petroleum retention lease referred to in paragraph (a)(i) or (ii); or
(ii)a petroleum retention lease granted by way of renewal of the petroleum retention lease referred to in paragraph (a)(i) or (ii).
[Section 74AP inserted: No. 17 of 2024 s. 338.]
74AQ.Requirements for application for site closing certificate
(1)An application for a site closing certificate under section 74AM —
(b)must be accompanied by a written report that sets out —
(i)the applicant’s modelling of the behaviour of the greenhouse gas substance injected into the identified GHG storage formation; and
(ii)information relevant to that modelling; and
(iii)the applicant’s analysis of that information;
and
(c)must be accompanied by a written report that sets out the applicant’s assessment of —
(i)the behaviour of the greenhouse gas substance injected into the identified GHG storage formation; and
(ii)the expected migration pathway or pathways of that greenhouse gas substance; and
(iii)the short‑term consequences of the migration of that greenhouse gas substance; and
(iv)the long‑term consequences of the migration of that greenhouse gas substance;
and
(d)must be accompanied by the applicant’s suggestions for the approach to be taken by the State, after the issue of the site closing certificate, to the monitoring of the behaviour of a greenhouse gas substance stored in the identified GHG storage formation; and
(e)must be accompanied by any other information prescribed by the regulations; and
(f)may set out any other matters that the applicant wishes the Minister to consider; and
(g)must be accompanied by the prescribed fee.
(2)Subsection (1)(b) to (d) do not apply if there have not been any operations for the injection of a greenhouse gas substance into the identified GHG storage formation.
(3)The Minister may, at any time and by instrument in writing served on the applicant, require the applicant to give to the Minister, within the period specified in the instrument, further information in writing in connection with the application.
[Section 74AQ inserted: No. 17 of 2024 s. 338.]
74AR.Variation of application for site closing certificate
(2)At any time before any action is taken by the Minister under section 74AT, 74AU or 74AV, the applicant may, by written notice given to the Minister, vary the application.
(3)A variation of an application must be made in an approved manner.
(4)A variation of an application may be made —
(a)on the applicant’s own initiative; or
(b)at the request of the Minister.
(5)A variation of an application may set out any additional matters that the applicant wishes to be considered.
(6)If an application is varied under this section, a reference in this Act to the application is a reference to the application as varied.
[Section 74AR inserted: No. 17 of 2024 s. 338.]
74AS.Time for decision on application for site closing certificate
If an application for a site closing certificate is made under section 74AM, the Minister must make a decision on the application, and a decision whether to give the applicant a pre‑certificate notice, within 5 years after the day on which the application was made.
[Section 74AS inserted: No. 17 of 2024 s. 338.]
74AT.Pre‑certificate notice
(2)The Minister may give the applicant a written notice (a pre‑certificate notice) informing the applicant that the Minister is prepared to issue to the applicant a site closing certificate in relation to an identified GHG storage formation specified in the application if the Minister is satisfied that —
(a)operations for the injection of a greenhouse gas substance into the identified GHG storage formation have ceased; or
(b)there have not been any operations for the injection of a greenhouse gas substance into the identified GHG storage formation.
(3)In deciding whether to give the applicant a pre‑certificate notice, the Minister must have regard to any significant risk the Minister is satisfied exists that a greenhouse gas substance injected into the identified GHG storage formation will have a significant adverse impact on —
(a)navigation; or
(b)fishing; or
(c)any of the following operations of another person that are being lawfully carried on —
(i)operations relating to the exploration for, recovery of or conveyance of a mineral, whether petroleum or a regulated substance or not;
(ii)GHG operations;
(iii)operations relating to the construction or operation of a pipeline;
or
(d)the enjoyment of native title rights (as defined in the Native Title Act 1993 (Commonwealth) section 223).
(4)Subsection (3) does not limit the matters to which the Minister may have regard.
(5)The Minister must not give the applicant a pre‑certificate notice in relation to the identified GHG storage formation unless the Minister is satisfied that —
(a)either —
(i)the relevant statutory requirements have been complied with; or
(ii)any of the relevant statutory requirements have not been complied with, but there are sufficient grounds to warrant the issue of the site closing certificate;
and
(b)if any conditions are specified in the regulations — those conditions have been satisfied.
(6)For the purposes of subsection (5)(a), each of the following is a relevant statutory requirement —
(a)the conditions to which the GHG injection licence is, or has from time to time been, subject;
(b)the provisions of this Part;
(c)the provisions of the regulations.
[Section 74AT inserted: No. 17 of 2024 s. 338.]
74AU.Refusal of pre‑certificate notice
(2)The Minister must refuse to give the applicant a pre‑certificate notice in relation to the identified GHG storage formation if the Minister is not satisfied as to the matters referred to in section 74AT(5)(a) and (b).
(3)The Minister may refuse to give the applicant a pre‑certificate notice in relation to the identified GHG storage formation if —
(a)the Minister is not satisfied that the greenhouse gas substance injected into the identified GHG storage formation is behaving as predicted in Part A of an approved site plan for the formation; or
(b)the Minister is satisfied that there is a significant risk that a greenhouse gas substance injected into the identified GHG storage formation will have a significant adverse impact on —
(i)the conservation of the resources of the soil or the Earth’s crust; or
(ii)the geotechnical integrity of the whole or a part of a geological formation or geological structure; or
(iii)the environment; or
(iv)human health or safety.
(4)Subsection (3) does not limit the matters to which the Minister may have regard in deciding whether to refuse to give the applicant a pre‑certificate notice.
[Section 74AU inserted: No. 17 of 2024 s. 338.]
74AV.Notice of refusal to give pre‑certificate notice
(a)an application for a site closing certificate is made under section 74AM; and
(b)the Minister refuses to give a pre‑certificate notice to the applicant.
(2)The Minister must give written notice of the refusal to the applicant.
[Section 74AV inserted: No. 17 of 2024 s. 338.]
74AW.Content of pre‑certificate notice
(1)A pre‑certificate notice that relates to an application for a site closing certificate must —
(a)specify a program of operations proposed to be carried out by the State for the purposes of monitoring the behaviour of a greenhouse gas substance stored in the identified GHG storage formation concerned; and
(b)set out an estimate of the total costs and expenses of carrying out the program; and
(c)specify the form and amount of a security to be lodged by the applicant in respect of the compliance, by the holder for the time being of the site closing certificate, with the holder’s obligations under section 74AZD in relation to the costs and expenses of carrying out the program; and
(d)contain a statement to the effect that the application will lapse if the applicant does not lodge the security with the Minister within the period applicable under subsection (3).
(2)The amount of the security is to equal the estimate referred to in subsection (1)(b).
(3)The period for lodging the security is —
(a)2 months after the pre‑certificate notice was given to the applicant; or
(b)any longer period, not more than 6 months after the pre‑certificate notice was given to the applicant, that the Minister allows.
(4)If the applicant does not lodge the security with the Minister within the period applicable under subsection (3), the application lapses at the end of that period.
(5)The regulations may provide that an estimate referred to in subsection (1)(b) is to be made on the basis of —
(a)an assumption that costs and expenses will increase at an annual rate specified in the regulations; and
(b)any other assumptions specified in the regulations.
(6)Subsection (1) does not apply if the Minister is satisfied that there have not been any operations for the injection of a greenhouse gas substance into the identified GHG storage formation concerned.
[Section 74AW inserted: No. 17 of 2024 s. 338.]
74AX.Issue of site closing certificate
(a)an applicant has been given a pre‑certificate notice under section 74AT; and
(b)if section 74AW(1) applies — the applicant has lodged the specified security within the period applicable under section 74AW(3).
(2)The Minister must issue to the applicant a certificate (a site closing certificate) in relation to the identified GHG storage formation specified in the pre‑certificate notice.
[Section 74AX inserted: No. 17 of 2024 s. 338.]
74AY.Transferee of GHG injection licence treated as applicant
(1)This section applies if a transfer of a GHG injection licence is registered under section 78 —
(a)after an application is made under section 74AM for a site closing certificate in relation to an identified GHG storage formation specified in the GHG injection licence; and
(b)before any action has been taken by the Minister under section 74AT, 74AU or 74AV in relation to the application.
(2)After the transfer, sections 74AM to 74AX have effect in relation to the application as if any reference in those sections to the applicant were a reference to the transferee.
[Section 74AY inserted: No. 17 of 2024 s. 338.]
74AZ.Duration of site closing certificate
Subject to this Part, a site closing certificate remains in force indefinitely.
[Section 74AZ inserted: No. 17 of 2024 s. 338.]
74AZA.Transfer of site closing certificate
(a)a site closing certificate is issued to the registered holder of a GHG injection licence; and
(b)a transfer of the licence is registered under section 78.
(2)The site closing certificate is, by force of this section, transferred to the transferee of the licence.
[Section 74AZA inserted: No. 17 of 2024 s. 338.]
74AZB.Transfer of securities
(a)a security is lodged in relation to a site closing certificate; and
(b)the site closing certificate is transferred under section 74AZA.
(2)The interest of the transferor in the security is, by force of this section, transferred to the transferee.
(3)A document setting out or relating to the security has effect, after the transfer, as if a reference in the document to the transferor were a reference to the transferee.
[Section 74AZB inserted: No. 17 of 2024 s. 338.]
74AZC.Discharge of securities
The regulations may make provision in relation to the discharge, in whole or in part, by the Minister of securities in force in relation to site closing certificates.
[Section 74AZC inserted: No. 17 of 2024 s. 338.]
74AZD.Recovery of State’s costs and expenses
(b)the State incurs reasonable costs or expenses in carrying out the program specified in the pre‑certificate notice for the site closing certificate.
(2)The costs and expenses —
(a)are a debt due to the State by the holder of the certificate; and
(b)are recoverable in a court of competent jurisdiction.
(3)The total of the costs and expenses recoverable under subsection (2) must not exceed the estimate set out in the pre‑certificate notice.
[Section 74AZD inserted: No. 17 of 2024 s. 338.]
Subdivision 5 — Long‑term liabilities in respect of GHG storage
74AZE.Closure assurance period
(b)the Minister is satisfied that operations for the injection of a greenhouse gas substance into the formation ceased on a day (the cessation day) before the application for the site closing certificate was made; and
(c)on a day (the decision day) that is at least 15 years after the issue of the site closing certificate, the Minister is satisfied that —
(i)the greenhouse gas substance injected into the formation is behaving as predicted in Part A of an approved site plan for the formation; and
(ii)there is no significant risk that a greenhouse gas substance injected into the formation will have a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; and
(iii)there is no significant risk that a greenhouse gas substance injected into the formation will have a significant adverse impact on the environment; and
(iv)there is no significant risk that a greenhouse gas substance injected into the formation will have a significant adverse impact on human health or safety; and
(v)since the cessation day, there have not been any operations for the injection of a greenhouse gas substance into the formation.
(2)The Minister may, by instrument in writing, declare that for the purposes of this Act the closure assurance period in relation to the formation is the period —
(a)beginning at the end of the cessation day; and
(b)ending at the end of the decision day.
(3)A copy of a declaration under subsection (2) must be given to the holder of the site closing certificate.
[Section 74AZE inserted: No. 17 of 2024 s. 338.]
74AZF.Indemnity against long‑term liability
(b)when the application for the certificate was made, the formation was specified in a GHG injection licence; and
(c)there is a closure assurance period in relation to the formation; and
(d)the following conditions are satisfied in relation to a liability of an existing person who is or has been the registered holder of the licence (whether or not the licence is in force) —
(i)the liability is a liability for damages;
(ii)the liability is attributable to an act done or omitted to be done in the carrying on of operations authorised by the licence in relation to the formation;
(iii)the liability is incurred or accrued after the end of the closure assurance period in relation to the formation;
(iv)any other conditions specified in the regulations.
(2)The State must indemnify the person against the liability.
(3)The amount of any indemnity under subsection (2) must be charged to the Consolidated Account, which is, to the necessary extent, appropriated accordingly.
[Section 74AZF inserted: No. 17 of 2024 s. 338.]
74AZG.State to assume long‑term liability if licensee has ceased to exist
(b)when the application for the certificate was made, the formation was specified in a GHG injection licence; and
(c)there is a closure assurance period in relation to the formation; and
(d)a person who has been the registered holder of the licence (whether or not the licence is in force) has ceased to exist; and
(e)if the person had continued in existence, the following conditions would have been satisfied in relation to a liability of the person —
(i)the liability is a liability for damages;
(ii)the liability is attributable to an act done or omitted to be done in the carrying on of operations authorised by the licence in relation to the formation;
(iii)the liability is incurred or accrued after the end of the closure assurance period in relation to the formation;
(iv)any other conditions specified in the regulations;
and
(f)apart from this section, the damages are irrecoverable because the person has ceased to exist.
(2)The liability is taken to be a liability of the State.
(3)The amount of any liability under subsection (2) is to be charged to the Consolidated Account, which is, to the necessary extent, appropriated accordingly.
[Section 74AZG inserted: No. 17 of 2024 s. 338.]
Division 4AA — Polluter pays
[Heading inserted: No. 17 of 2024 s. 236.]
74A.Term used: registered holder
registered holder, in relation to a title referred to in section 74B(2)(h), means the person who holds the title.
In relation to the other titles referred to in section 74B(2), see the definition of registered holder in section 4(1).
[Section 74A inserted: No. 17 of 2024 s. 236.]
74B.Escape of petroleum or regulated substance: titleholder’s duty
interstate Act means —
(a)the Commonwealth Act; or
(b)an Act of another State or a Territory relating to operations that are equivalent to petroleum operations (whether carried out in an area that is equivalent to the adjacent area or otherwise);
interstate land or waters means land or waters to which an interstate Act applies.
(2)This section applies in the event of an escape of petroleum or a regulated substance occurring as a result of, or in connection with, a petroleum operation in relation to any of the following titles —
(a)an access authority;
(b)a permit;
(c)a licence;
(d)a lease;
(e)a special prospecting authority;
(f)a pipeline licence;
(g)an infrastructure licence;
(h)any other authority or consent granted by instrument under this Act for the carrying out of a petroleum operation.
(3)The registered holder of the title must —
(a)do all of the following —
(i)as soon as possible after becoming aware of the escape of petroleum or a regulated substance, take all reasonably practicable steps to eliminate or control it;
(ii)clean up the escaped petroleum or regulated substance and remediate any resulting damage to the environment;
(iii)carry out environmental monitoring of the impact of the escape on the environment and anything done by the registered holder of the title under subparagraph (i) or (ii);
and
(b)if any of the escaped petroleum or regulated substance has migrated to interstate land or waters, on that land or in those waters, as the case may be —
(i)clean up the escaped petroleum or regulated substance and remediate any resulting damage to the environment; and
(ii)carry out environmental monitoring of the impact of the escape and clean‑up on the environment.
(4)The registered holder of the title must notify the Minister administering the interstate Act as soon as practicable after doing anything under subsection (3)(b).
[Section 74B inserted: No. 17 of 2024 s. 236.]
74C.Escape of petroleum or regulated substance: reimbursement of State
(1)This section applies if the Minister considers on reasonable grounds that the registered holder of a title has failed to comply with section 74B(3) in relation to an escape of petroleum or a regulated substance.
(2)The Minister may do any or all of the things that the Minister considers, on reasonable grounds, the registered holder of the title has failed to do to comply with section 74B(3).
(3)Costs or expenses incurred by the State in doing any thing under subsection (2) are —
(a)a debt due to the Crown by the registered holder of the title; and
(b)recoverable by the State in a court of competent jurisdiction.
[Section 74C inserted: No. 17 of 2024 s. 236.]
[74D-74I.Deleted: No. 52 of 1995 s. 41.]
Division 5 — Registration of instruments
74J.Term used: title
In this Division, title means a permit, lease, licence, infrastructure licence, pipeline licence or access authority.
[Section 74J inserted as 74A: No. 12 of 1990 s. 197; renumbered as section 74J: No. 21 of 1993 s. 45; amended: No. 42 of 2010 s. 125.]
75.Register of certain instruments to be kept
For the purposes of this Part, the Minister shall keep a register of titles and special prospecting authorities granted by him.
[Section 75 amended: No. 12 of 1990 s. 198.]
76.Particulars to be entered in register
(1)The Minister must enter in the register a memorial in respect of each title or special prospecting authority —
(a)specifying the name of the holder of the title or special prospecting authority; and
(b)in the case of a permit, lease or licence, setting out an accurate description (including, where convenient, a map) of the permit area, lease area or licence area; and
(ca)in the case of an infrastructure licence, setting out the particulars of the infrastructure licence area; and
(c)in the case of a special prospecting authority or an access authority, setting out an accurate description (including, where convenient, a map) of the area in respect of which the special prospecting authority or access authority is in force; and
(d)in the case of a pipeline licence, setting out a description of the route of the pipeline; and
(e)specifying the term of the title or special prospecting authority; and
(f)setting out such other matters and things as are required by this Part to be entered in the register; and
(g)setting out such further matters relating to the registered holder or to the terms and conditions of the title or special prospecting authority as the Minister deems proper and expedient in the public interest.
(2)The Minister must enter in the register a memorial of —
(a)any instrument varying, cancelling, surrendering or otherwise affecting a title or special prospecting authority; and
(b)any instrument under section 59(5), (6) or (7); and
[(c)deleted]
(d)any instrument varying or revoking an instrument referred to in paragraph (a) or (b); and
(e)any instrument under section 74AE, 74AG or 74AH.
(3)It is a sufficient compliance with the requirements of subsection (1) or (2) if the Minister enters a copy of the title, special prospecting authority or instrument in the register.
[(4)deleted]
(5)The Minister must endorse on the memorial or copy of the title, special prospecting authority or instrument a memorandum of the date upon which the memorial or copy was entered in the register.
[Section 76 amended: No. 12 of 1990 s. 199; No. 42 of 2010 s. 126; No. 17 of 2024 s. 261 and 339.]
77.Memorials to be entered of permits etc. determined etc.
(a)a permit or lease ceases to be in force in respect of a block in respect of which a licence is granted; or
(aa)a permit ceases to be in force in respect of a block in respect of which a lease is granted; or
(b)a permit or lease has been wholly determined or partly determined; or
(c)a title or special prospecting authority has expired,
the Minister shall enter in the register a memorial of the fact.
[Section 77 amended: No. 12 of 1990 s. 200.]
78.Approval and registration of transfers
instrument of transfer, in relation to an application for approval of a transfer of a title, means an instrument of transfer in the approved form executed —
(a)by the registered holder or, if there are 2 or more registered holders, by each registered holder; and
(b)by the transferee or, if there are 2 or more transferees, by each transferee.
(1)A transfer of a title is of no force until it has been approved by the Minister and an instrument of transfer is registered as provided by this section.
(2)Where it is desired that a title be transferred, 1 of the parties to the proposed transfer may make an application in writing to the Minister for approval of the transfer.
(3)An application for approval of a transfer of a title lodged in hard copy form must be accompanied by —
(a)the instrument of transfer; and
(b)a copy of the instrument of transfer; and
(c)for each transferee, if any, who is not a registered holder — a statement of the technical advice and financial resources available, or that will be available, to the transferee.
(3A)An application for approval of a transfer of a title lodged by electronic means must be accompanied by —
(a)an electronic copy of the instrument of transfer; and
(b)for each transferee, if any, who is not a registered holder — an electronic copy of a statement of the technical advice and financial resources available, or that will be available, to the transferee.
(3B)If subsection (3A) applies, the Minister may at any time require the instrument of transfer to be lodged in hard copy form.
(4)The Minister must not approve the transfer of a title unless the application was lodged with the Minister within 3 months after the day on which the party who last executed the instrument of transfer so executed the instrument of transfer or within such longer period as the Minister, in special circumstances, allows.
(5)Where an application for approval of a transfer is made in accordance with this section, the Minister must enter a memorandum in the register of the date on which the application was lodged and may make such other notation in the register as the Minister considers appropriate.
(6)The Minister must consider each application for approval of the transfer of a title and determine whether to approve the transfer.
(7)Where an application for approval of the transfer of a title is made in accordance with this section, the Minister must, by notice in writing served on the person who made the application, inform the person of the decision of the Minister.
[(8)deleted]
(9)If the Minister approves the transfer of a title, the Minister must, on payment of the fee provided for by the Registration Fees Act, enter in the register a memorandum of the transfer and the name of the transferee or of each transferee.
(10)Upon the entry in the register of a memorandum of the transfer of a title and of the name of the transferee or each transferee in accordance with subsection (9) —
(a)the transfer is taken to be registered; and
(b)the transferee becomes the registered holder, or the transferees become the registered holders, of the title.
(11)Where the Minister refuses to approve the transfer of a title, the Minister must make a notation of the refusal in the register.
(12)If a transfer is registered, the Minister must —
(a)retain a copy of the instrument of transfer; and
(b)make the copy available for inspection in accordance with this Division.
(13)The mere execution of an instrument of transfer of a title creates no interest in the title.
[Section 78 inserted: No. 12 of 1990 s. 201; amended: No. 28 of 1994 s. 102; No. 17 of 2024 s. 237 and 261.]
79.Entries in register on devolution of title
(1)A person upon whom the rights of a registered holder of a particular title have devolved by operation of law may apply in writing to the Minister to have his name entered in the register as the holder of the title.
(2)The Minister shall, if he is satisfied that the rights of the holder have devolved upon the applicant by operation of law and on payment of the prescribed fee enter the name of the applicant in the register as the holder of the title and, upon that entry being so made, the applicant becomes the registered holder of the title.
(3)Where a company that is the registered holder of a particular title has changed its name, it may apply in writing to the Minister to have its new name substituted for its previous name in the register in relation to that title and, if —
(a)the Minister is satisfied that the company has so changed its name; and
(b)the company has paid the prescribed fee,
the Minister shall make the necessary alterations in the register.
[Section 79 amended: No. 12 of 1990 s. 202.]
[80.Deleted: No. 12 of 1990 s. 203.]
81.Approval of dealings creating etc. interests etc. in existing titles
(1)This section applies to a dealing that would, but for subsection (2), have 1 or more of the following effects —
(a)the creation or assignment of an interest in an existing title;
(b)the creation or assignment of a right (conditional or otherwise) to the assignment of an interest in an existing title;
(c)the determining of the manner in which persons may exercise the rights conferred by, or comply with the obligations imposed by or the conditions of, an existing title (including the exercise of those rights or the compliance with those obligations or conditions under cooperative arrangements for the recovery of petroleum or a regulated substance or the carrying out of GHG operations);
(d)the creation or assignment of —
(i)an interest in relation to an existing permit, lease or licence, being an interest known as an overriding royalty interest, a production payment, a net profits interest or a carried interest; or
(ii)any other interest that is similar to an interest referred to in subparagraph (i), being an interest relating to petroleum or a regulated substance produced from operations authorised by an existing permit, lease or licence or relating to revenue derived as a result of the carrying out of operations of that kind; or
(iii)any other interest that is similar to an interest referred to in subparagraph (i), being an interest relating to a greenhouse gas substance injected or stored under an existing permit, lease or licence or relating to revenue derived as a result of the carrying out of GHG operations authorised by an existing permit, lease or licence;
(e)the creation or assignment of an option (conditional or otherwise) to enter into a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c) and (d);
(f)the creation or assignment of a right (conditional or otherwise) to enter into a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c) and (d);
(g)the alteration or termination of a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c), (d), (e) and (f),
but this section does not apply to a transfer to which section 78 applies.
(2)A dealing to which this section applies is of no force in so far as the dealing would, but for this subsection, have an effect of a kind referred to in subsection (1) in relation to a particular title until —
(a)the dealing, in so far as it relates to that title, has been approved by the Minister; and
(b)an entry has been made in the register in relation to the dealing by the Minister in accordance with subsection (12).
(3)A party to a dealing to which this section applies may lodge with the Minister —
(a)in a case where the dealing relates to only 1 title, an application in writing for approval by the Minister of the dealing; or
(b)in any other case, a separate application in writing for approval by the Minister of the dealing in relation to each title to which the dealing relates.
(4)If an application under subsection (3) for approval of a dealing is lodged in hard copy form, the application —
(a)must be accompanied by either —
(i)the instrument evidencing the dealing and a copy of it; or
(ii)if the instrument evidencing the dealing has already been lodged with the Minister in hard copy form for the purposes of another application — 2 copies of the instrument;
and
(b)the application may be accompanied by an instrument setting out any particulars prescribed for the purposes of an application for approval of a dealing of that kind, and a copy of it.
[(4a)deleted]
(4A)If an application under subsection (3) for approval of a dealing is lodged by electronic means, the application —
(a)must be accompanied by an electronic copy of the instrument evidencing the dealing; and
(b)may be accompanied by an electronic copy of an instrument setting out any particulars prescribed for the purposes of an application for approval of a dealing of that kind.
(4B)If subsection (4A) applies, the Minister —
(a)may at any time require to be lodged in hard copy form either —
(i)the instrument referred to in subsection (4A)(a); or
(ii)if the instrument has already been lodged with the Minister in hard copy form for the purposes of another application — a copy of the instrument;
and
(b)may at any time require to be lodged in hard copy form any instrument that accompanied the application under subsection (4A)(b).
(5)Subject to subsection (6), the Minister must not approve a dealing unless the application for approval of the dealing is lodged with the Minister within 3 months after the day on which the party who last executed the instrument evidencing the dealing so executed the instrument or such longer period as the Minister, in special circumstances, allows.
(6)Where a dealing relating to a title was, immediately before the title came into existence, a dealing referred to in section 81A(1), the Minister must not approve the dealing unless —
(a)a provisional application for approval of the dealing was lodged in accordance with section 81A(1); or
(b)an application for approval of the dealing is lodged with the Minister in accordance with this section within 3 months after the day on which the title came into existence or such longer period as the Minister, in special circumstances, allows.
(7)Where a dealing to which this section applies forms a part of the issue of a series of debentures, all of the dealings constituting the issue of that series of debentures is, for the purposes of this section, taken to be 1 dealing.
[(8)deleted]
(9)On receipt of an application made under this section, the Minister must enter a memorandum in the register of the date on which the application was lodged and may make such other notation in the register as the Minister considers appropriate.
(10)The Minister may approve or refuse to approve a dealing to which this section applies in so far as the dealing relates to a particular title.
(11)The Minister must, by notice in writing served on the person who made an application for approval of a dealing, inform the person of the decision of the Minister.
(12)If the Minister approves a dealing, the Minister must, on payment of the fee provided for by the Registration Fees Act, make an entry of the approval of the dealing in the register.
(13)Where an entry is made in the register in relation to a dealing in accordance with subsection (12) —
(a)if the dealing was approved before the commencement of the Acts Amendment (Petroleum) Act 1990 section 203 or the application for approval of the dealing was not accompanied by an instrument for the purpose of subsection (4)(b) or (4A)(b) (as the case may be), a copy of the instrument evidencing the dealing must be retained by the Minister and made available for inspection in accordance with this Division; and
(b)if the application for approval of the dealing was accompanied by an instrument for the purpose of subsection (4)(b) or (4A)(b) (as the case may be), a copy of that instrument must be retained by the Minister and made available for inspection in accordance with this Division but a copy of the instrument evidencing the dealing must not be so made available; and
(c)the original instrument evidencing the dealing, or a copy of the original instrument, as the case requires, and the instrument (if any) lodged for the purpose of subsection (4)(b) or (4B)(b) must be returned to the person who made the application for approval.
(14)The approval of a dealing or the making of an entry in the register in relation to a dealing is not rendered ineffective by any failure to comply, in relation to the application for approval of the dealing, with the requirements of this section.
(15)Where the Minister refuses to approve a dealing, the Minister must make a notation of the refusal in the register.
(16)In this section, charge and debenture have the same respective meanings as they have for the purposes of the Corporations Act 2001 of the Commonwealth.
[Section 81 inserted: No. 12 of 1990 s. 203; amended: No. 73 of 1994 s. 4; No. 20 of 2003 s. 38; No. 17 of 2024 s. 238, 260, 261 and 340.]
81A.Approval of dealings in future interests etc.
(1)Where 2 or more persons enter into a dealing relating to a title that may come into existence in the future and that dealing would, if the title came into existence, become a dealing to which section 81 applies, a person who is a party to the dealing may, during the prescribed period in relation to the title, lodge with the Minister —
(a)in a case where the dealing relates to only 1 title that may come into existence in the future, a provisional application in writing for approval by the Minister of the dealing; or
(b)in any other case, a separate provisional application in writing for approval by the Minister of the dealing in relation to each title that may come into existence in the future and to which the dealing relates.
(2)Section 81(4), (4A), (4B) and (7) applies to a provisional application lodged under subsection (1) as if that provisional application were an application lodged under section 81(3).
(a)the title to which a dealing referred to in subsection (1) relates comes into existence; and
(b)upon that title coming into existence, the dealing becomes a dealing to which section 81 applies,
the provisional application lodged under subsection (1) in relation to the dealing is taken to be an application lodged under section 81(3) on the day on which that title came into existence.
(4)A reference in subsection (1) to the prescribed period, in relation to a title, is a reference to the period —
(a)commencing —
(i)in the case of a permit, lease, licence, infrastructure licence or pipeline licence, on the day of service of an instrument informing the applicant for the permit, lease, licence, infrastructure licence or pipeline licence that the Minister is prepared to grant the permit, lease, licence, infrastructure licence or pipeline licence; or
(ii)in the case of an access authority, on the day on which the application for the grant of the access authority is made;
and
(b)ending on the day on which the title comes into existence.
[Section 81A inserted: No. 12 of 1990 s. 203; amended: No. 42 of 2010 s. 127; No. 17 of 2024 s. 239 and 261.]
82.True consideration to be shown
(1)A person who is a party to a transfer referred to in section 78, a dealing to which section 81 applies or a dealing referred to in section 81A(1) must not lodge with the Minister —
(a)an instrument of transfer; or
(b)an instrument evidencing the dealing; or
(c)an instrument described in section 81(4)(b), (4A)(b) or (4B)(b),
that contains a statement relating to the consideration for the transfer or dealing, or to any other fact or circumstance affecting the amount of the fee payable in respect of the transfer or dealing under the Registration Fees Act, being a statement that is, to the knowledge of the person, false or misleading in a material particular.
(2)Where a person is convicted of an offence against subsection (1), the Minister may make a fresh determination of the amount of the fee payable under the Registration Fees Act in respect of the memorandum relating to the transfer or dealing.
(3)Section 92 applies in relation to a determination under subsection (2) as it applies in relation to a determination under section 91.
[Section 82 amended: No. 12 of 1990 s. 204; No. 42 of 2010 s. 171; No. 17 of 2024 s. 240 and 261.]
83.Minister not concerned with certain matters
Neither the Minister nor a person acting under his direction or authority is concerned with the effect in law of any instrument lodged with him in pursuance of this Division nor does the approval of a transfer or dealing give to the transfer or dealing any force, effect or validity that the transfer or dealing would not have had if this Division had not been enacted.
[Section 83 amended: No. 12 of 1990 s. 205.]
84.Power of Minister to require information as to proposed dealings
(1)The Minister may require the person lodging an application for approval of a transfer or dealing or a provisional application for approval of a dealing under this Division to furnish to him in writing such information concerning the transfer or dealing as the Minister considers necessary or advisable.
(1a)The Minister may require a person who is a party to a dealing approved by the Minister under section 81 to furnish to the Minister a statement in writing setting out such information concerning alterations in the interests or rights existing in relation to the title to which the approved dealing relates as the Minister considers necessary or advisable.
(1b)The Minister may require a person making an application under section 79(1) or (3) or 87A(2) to furnish to the Minister in writing such information concerning the matter to which the application relates as the Minister considers necessary or advisable.
(1c)A person shall not fail or refuse to comply with a requirement given to the person under subsection (1), (1a) or (lb).
(2)A person who is so required to furnish information shall not knowingly furnish information that is false or misleading in a material particular.
[Section 84 amended: No. 12 of 1990 s. 206; No. 28 of 1994 s. 103; No. 42 of 2010 s. 171.]
85.Production and inspection of documents
(1)The Minister may require any person to produce to him or to make available for inspection by him any documents in the possession or under the control of that person and relating to a transfer or dealing in relation to which approval is sought under this Division.
(1a)The Minister may require any person to produce to the Minister or to make available for inspection by the Minister any documents in the possession or under the control of that person and relating to an application made to the Minister under section 79(1) or (3) or 87A(2).
(2)A person shall not fail or refuse to comply with a requirement given to him under subsection (1) or (1a).
[Section 85 amended: No. 12 of 1990 s. 207; No. 42 of 2010 s. 171.]
86.Inspection of register and documents
(1)The register and all instruments or copies of instruments subject to inspection under this Division shall at all convenient times be open for inspection by any person upon payment of the prescribed fee.
[Section 86 amended: No. 12 of 1990 s. 208.]
87.Evidentiary provisions
(1)The register shall be received by all courts and tribunals as evidence of all matters required or authorised by this Division to be entered in the register.
(2)The Minister may, on payment of the prescribed fee, supply copies of or extracts from the register or of or from any instrument lodged with him under this Division certified by writing under his hand, and such a copy or extract so certified is admissible in evidence in all courts, tribunals and proceedings without further proof or production of the original.
(3)The Minister may, on payment of the prescribed fee, by instrument in writing under his hand certify that an entry, matter or thing required or permitted by or under this Division to be made or done or not to be made or done has or has not, as the case may be, been made or done and such a certificate is evidence in all courts, tribunals and proceedings of the statements contained in the certificate.
[Section 87 amended: No. 12 of 1990 s. 209; No. 55 of 2004 s. 912.]
87A.Minister may make corrections to register
(1)The Minister may alter the register for the purposes of correcting a clerical error or an obvious defect in the register.
(2)Subject to subsection (3), the Minister may, on application being made in writing to the Minister by a person or of the Minister’s own motion, make such entries in the register as the Minister considers appropriate for the purposes of ensuring that the register accurately records the interests and rights existing in relation to a title.
(3)Where the Minister proposes to make an entry in the register in accordance with subsection (2), the Minister shall cause to be published in the Gazette a notice —
(a)setting out the terms of the entry that the Minister proposes to make in the register; and
(b)inviting interested persons to give to the Minister, by such day as is specified in the notice, being a day not earlier than 45 days after the publication of the notice, submissions in writing relating to the making of the entry.
(4)Where submissions are, in accordance with a notice under subsection (3), given to the Minister in relation to the proposed making of an entry in the register, the Minister shall —
(a)take those submissions into account before making an entry in the register; and
(b)after making an entry in the register, cause to be published in the Gazette a notice setting out the terms of the entry.
[Section 87A inserted: No. 12 of 1990 s. 210.]
88.Application to State Administrative Tribunal for order
(1)A person aggrieved by —
(a)the omission of an entry from the register; or
(b)an entry made in the register without sufficient cause; or
(c)an entry wrongly existing in the register; or
(d)an error or defect in an entry in the register,
may apply to the State Administrative Tribunal in its original jurisdiction for such order as the Tribunal thinks fit directing the rectification of the register.
(2)The Tribunal may, in proceedings under this section, decide any question that it is necessary or expedient to decide in connection with the rectification of the register.
(3)Notice of an application under this section shall be given to the Minister, who may appear and be heard and shall appear if so directed by the Tribunal.
(4)An office copy of an order made by the Tribunal may be served on the Minister and the Minister shall, upon receipt of the order, rectify the register accordingly.
[Section 88 amended: No. 55 of 2004 s. 913.]
[89.Deleted: No. 13 of 2005 s. 37.]
90.Offences
A person who wilfully —
(a)makes, causes to be made or concurs in making a false entry in the register; or
(b)produces or tenders in evidence a document falsely purporting to be a copy of or extract from an entry in the register or of or from an instrument lodged with the Minister under this Division,
is guilty of an offence.
[Section 90 amended: No. 42 of 2010 s. 171.]
91.Assessment of registration fee
The Minister may determine the amount of the fee payable under the Registration Fees Act in respect of any memorandum.
92.Review of Minister’s determination
(1)A person dissatisfied with a determination of the Minister under section 91 may apply to the State Administrative Tribunal for a review of the determination.
[Section 92 amended: No. 55 of 2004 s. 914.]
93.Exemption from duty
Duty under the Duties Act 2008 shall not be chargeable —
(a)on a permit, lease, licence, infrastructure licence, pipeline licence or access authority; or
(b)on a transfer of a permit, lease, licence, infrastructure licence, pipeline licence or access authority to which section 78 applies; or
(c)on any other instrument in so far as it relates to a legal or equitable interest in or affecting a permit, lease, licence, infrastructure licence, pipeline licence or access authority.
[Section 93 amended: No. 12 of 1990 s. 211; No. 12 of 2008 Sch. 1 cl. 30; No. 42 of 2010 s. 128.]
Division 6 — General
94.Notice of grants of permits etc. to be published
The Minister shall cause notice of, and such particulars as the Minister thinks fit of —
(a)the grant, and the grant of the renewal, of a permit, lease, licence, infrastructure licence or pipeline licence; and
(b)the variation of a licence, infrastructure licence or pipeline licence; and
(c)the surrender or cancellation of a permit, lease or licence as to all or some of the blocks in the permit area, lease area or licence area; and
(d)the surrender or cancellation of an infrastructure licence; and
(e)the determination of a permit or lease as to a block or blocks; and
(f)an application for a pipeline licence or for a variation of a pipeline licence; and
(g)the surrender or cancellation of a pipeline licence as to the whole or a part of the pipeline; and
(h)the expiry of a permit, lease or licence, or the termination of a licence, infrastructure licence or pipeline licence,
under this Part to be published in the Gazette.
[Section 94 inserted: No. 42 of 2010 s. 129.]
95.Date of effect of permits etc.
[(1)deleted]
(2)The surrender or cancellation of a permit, lease or licence as to all or some of the blocks in the permit area, lease area or licence area has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette.
(3A)The surrender or cancellation of an infrastructure licence has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette.
(3)The surrender or cancellation of a pipeline licence as to the whole or a part of the pipeline has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette.
(4)A variation of a licence, infrastructure licence or pipeline licence has effect on and from the day on which notice of the variation is published in the Gazette.
[Section 95 amended: No. 12 of 1990 s. 213; No. 42 of 2010 s. 130.]
96.Commencement of works
(1)Where a permit, lease, licence, infrastructure licence or pipeline licence is granted subject to a condition that works or operations specified in the permit, lease, licence, infrastructure licence or pipeline licence are to be carried out, the permittee, lessee, licensee, infrastructure licensee or pipeline licensee, as the case may be, must commence to carry out those works or operations within a period of 6 months after the day on which the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, comes into force.
(2)The Minister may, for reasons that the Minister thinks sufficient, by instrument in writing served on a permittee, lessee, licensee, infrastructure licensee or pipeline licensee —
(a)exempt the permittee, lessee, licensee, infrastructure licensee or pipeline licensee from compliance with the requirements of subsection (1); and
(b)direct the permittee, lessee, licensee, infrastructure licensee or pipeline licensee to commence to carry out the works or operations specified in the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, within such period after the day on which the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, comes into force as is specified in the instrument.
(3)A person to whom a direction is given under subsection (2) must comply with the direction.
Penalty for an offence under subsection (1) or (3): a fine of $10 000.
(4)This section does not apply to —
(a)a GHG exploration permit; or
(b)a GHG retention lease; or
(c)a GHG injection licence; or
(d)an infrastructure licence for an activity set out in section 6B(3); or
(e)a pipeline licence for the conveyance of greenhouse gas substances.
[Section 96 amended: No. 12 of 1990 s. 214; No. 42 of 2010 s. 131; No. 17 of 2024 s. 261 and 341.]
97.Work practices
(1)Subsection (1A) applies to the following operations —
(a)all petroleum operations;
(b)all GHG operations.
(1A)A permittee, lessee or licensee must carry out the operations referred to in subsection (1) in the permit area, lease area or licence area, as the case requires —
(a)in a proper and workmanlike manner; and
(b)in the case of operations referred to in subsection (1)(a), in accordance with good oil‑field practice.
(1B)Subsections (2) and (2A) have effect without limiting the generality of subsection (1A) but subject to any authorisation, requirement or direction given or made by or under this Act.
(2)A petroleum permittee, petroleum lessee or petroleum licensee must —
(a)control the flow and prevent the waste or escape in the permit area, lease area or licence area of petroleum, a regulated substance, greenhouse gas substances or water; and
(b)prevent the escape in the permit area, lease area or licence area of any mixture of water or drilling fluid with petroleum, a regulated substance or any other matter; and
(c)prevent damage to potential GHG storage formations, potential GHG injection sites and strata bearing petroleum or a regulated substance in an area, whether in the adjacent area or not, in respect of which the permit, lease or licence is not in force; and
(d)keep separate —
(i)each resources pool, potential GHG storage formation or potential GHG injection site discovered in the permit area, lease area or licence area; and
(ii)such of the sources of water, if any, discovered in that area as the Minister, by instrument in writing served on that person, directs;
and
(e)prevent water or any other matter entering any resources pool, potential GHG storage formation or potential GHG injection site through wells in the permit area, lease area or licence area except when required by, and in accordance with, good oil‑field practice.
(2A)A GHG permittee, GHG lessee or GHG licensee must —
(a)control the flow and prevent the waste or escape in the permit area, lease area or licence area of greenhouse gas substances, petroleum, a regulated substance or water; and
(b)prevent the escape in the permit area, lease area or licence area of any mixture of water or drilling fluid with greenhouse gas substances or any other matter; and
(c)prevent damage to potential GHG storage formations, potential GHG injection sites and strata bearing petroleum or a regulated substance in an area, whether in the adjacent area or not, in respect of which the permit, lease or licence is not in force; and
(d)keep separate —
(i)each potential GHG storage formation, potential GHG injection site or resources pool discovered in the permit area, lease area or licence area; and
(ii)any of the sources of water discovered in that area that the Minister, by instrument in writing served on that person, directs;
and
(e)except for the purposes of carrying on a GHG operation under this Act in a proper and workmanlike manner, prevent water or any other matter entering any potential GHG storage formation, potential GHG injection site or resources pool through wells in the permit area, lease area or licence area.
(3A)An infrastructure licensee must carry out operations authorised by the infrastructure licence in a proper and workmanlike manner and in accordance with good oil‑field practice and good processing and transport practice.
(3B)In particular and without limiting the generality of subsection (3A), but subject to any authorisation or requirement given or made by or under this Act or regulations or directions under this Act, an infrastructure licensee must control the flow, and prevent the waste or escape, from a facility constructed under the infrastructure licence, of water, petroleum or any product derived by processing petroleum.
(3)A pipeline licensee must operate the pipeline in a proper and workmanlike manner.
(4)In particular and without limiting the generality of subsection (3), a pipeline licensee must prevent the waste or escape of petroleum or water from the pipeline or from any secondary line, pumping station, tank station, valve station or water line.
(5)A person who is the holder of a special prospecting authority or an access authority must carry out all operations authorised by the special prospecting authority or access authority in the area in respect of which the special prospecting authority or access authority is in force —
(a)in a proper and workmanlike manner; and
(b)in the case of petroleum operations, in accordance with good oil‑field practice.
[(6)deleted]
(7)It is a defence if a person charged with failing to comply with a provision of this section, or who is a defendant in an action arising out of a failure by the person to comply with a provision of this section, proves that the person took all reasonable steps to comply with that provision.
Penalty for an offence under subsection (1), (2), (2A), (3A), (3B), (3), (4) or (5): a fine of $10 000.
[Section 97 amended: No. 12 of 1990 s. 215; No. 28 of 1994 s. 104; No. 13 of 2005 s. 38; No. 42 of 2010 s. 132; No. 36 of 2020 s. 338; No. 17 of 2024 s. 259‑261 and 342.]
97A.Conditions relating to insurance
(1)The registered holder of a permit, lease, licence, infrastructure licence or pipeline licence must maintain, as directed by the Minister from time to time, insurance against expenses or liabilities or specified things arising in connection with, or as a result of, the carrying out of work, or the doing of any other thing, under the permit, lease, licence, infrastructure licence or pipeline licence, including expenses of complying with directions with respect to the clean‑up or other remedying of the effects of the escape of petroleum, regulated substances or greenhouse gas substances, as the case requires.
(2)The conditions subject to which a special prospecting authority or access authority is granted may include a condition that the registered holder maintain, as directed by the Minister from time to time, insurance against expenses or liabilities or specified things arising in connection with, or as a result of, the carrying out of work, or the doing of any other thing, under the authority, including expenses of complying with directions with respect to the clean‑up or other remedying of the effects of the escape of petroleum, regulated substances or greenhouse gas substances, as the case requires.
(3)When —
(a)a permit, lease, licence, infrastructure licence or pipeline licence was in force immediately before the commencement of section 105 of the Acts Amendment (Petroleum) Act 1994; and
(b)the Minister has required the registered holder to maintain insurance under subsection (1); and
(c)the Minister is satisfied that the required insurance is in effect,
the Minister must issue a certificate to the effect that the Minister is so satisfied.
(4)Where the Minister issues a certificate under subsection (3), any security in force in relation to the permit, lease, licence, infrastructure licence or pipeline licence, being a security that was required under this Act or under the Acts Amendment (Petroleum) Act 1990 before the commencement of section 105 of the Acts Amendment (Petroleum) Act 1994, is discharged.
(5)The discharge of a security under subsection (4) has no effect on any liability arising under or in relation to the security before its discharge.
[Section 97A inserted: No. 28 of 1994 s. 105; amended: No. 42 of 2010 s. 133; No. 17 of 2024 s. 241, 261 and 343.]
97B.Provisions relating to approvals granted in relation to regulated substances
petroleum title means any of the following —
(a)a petroleum exploration permit;
(b)a petroleum retention lease;
(c)a petroleum production licence;
(d)a petroleum special prospecting authority;
(e)a petroleum access authority.
(2)Subsections (3) and (4) apply if, on its grant, a petroleum title includes an approval for the purposes of section 28(2)(a), 38C(2)(a), 52(2)(a), 111(4A)(a) or 112(5AA)(a).
(3)If the petroleum title is renewed, the approval must be included in the petroleum title as renewed.
(4)The conditions which the Minister may impose on the petroleum title on its grant or renewal include conditions for purposes related to the approval or to anything that is authorised by virtue of the approval.
(5)Subsections (6) to (9) apply if the Minister grants an approval for the purposes of section 28(2)(b), 38C(2)(b), 52(2)(b), 111(4A)(b) or 112(5AA)(b) in relation to a petroleum title.
(6)When granting the approval, the Minister may also, for purposes related to the approval or to anything that is authorised by virtue of the approval, by instrument in writing, vary the conditions to which the petroleum title is subject (including by imposing new conditions or removing conditions).
(7)If the petroleum title is renewed —
(a)the approval applies in relation to the petroleum title as renewed; and
(b)the conditions which the Minister may impose on the petroleum title on its renewal include conditions for purposes related to the approval or to anything that is authorised by virtue of the approval.
(8)The approval applies in relation to the petroleum title, or to the petroleum title as renewed, despite any change in the registered holder.
(9)Section 76(2)(a) applies to the instrument by which the approval is granted.
[Section 97B inserted: No. 17 of 2024 s. 242; amended: No. 17 of 2024 s. 344.]
98.Maintenance etc. of property
operations area —
(a)in relation to an operator who is a permittee, lessee or licensee, means the permit area, lease area or licence area as the case may be; and
(ba)in relation to an operator who is an infrastructure licensee, means the infrastructure licence area; and
(b)in relation to an operator who is a pipeline licensee, means the part of the adjacent area in which the pipeline is constructed; and
(c)in relation to an operator who is the holder of a special prospecting authority or access authority, means the area in respect of which that authority is in force;
operator means a permittee, lessee, licensee, infrastructure licensee, pipeline licensee or holder of a special prospecting authority or access authority.
(2)An operator shall maintain in good condition and repair all structures, equipment and other property in the operations area and used in connection with the operations in which he is engaged.
(3)An operator shall remove from the operations area all structures, equipment and other property that are not either used or to be used in connection with the operations in which he is engaged.
(4)Subsections (2) and (3) do not apply in relation to any structure, equipment or other property that was not brought into the operations area by or with the authority of the operator.
Penalty for an offence under subsection (2) or (3): a fine of $10 000.
[Section 98 amended: No. 12 of 1990 s. 216; No. 28 of 1994 s. 106; No. 42 of 2010 s. 134.]
99.Sections 97, 97A and 98 to have effect subject to this Act etc.
Sections 97, 97A and 98 have effect subject to —
(a)any other provisions of this Act; and
(b)the regulations; and
(c)a direction under section 101; and
(d)any other law.
[Section 99 amended: No. 28 of 1994 s. 107.]
[100.Deleted: No. 42 of 2010 s. 135.]
101.Directions
(1)The Minister may, by instrument in writing served on the registered holder of a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority, give to the registered holder a direction as to any matter with respect to which regulations may be made.
(2)A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to —
(a)a specified class of persons, being a class constituted by or included in 1 or both of the following classes of persons —
(i)servants or agents of, or persons acting on behalf of, the registered holder;
(ii)persons performing work or services, whether directly or indirectly, for the registered holder;
or
(b)any person (not being a person to whom the direction applies in accordance with paragraph (a)) who is —
(i)in the adjacent area for any reason touching, concerning, arising out of or connected with exploring the seabed or subsoil of the adjacent area for petroleum or a regulated substance, exploiting the petroleum or regulated substance that occurs as a natural resource of that seabed or subsoil, processing or storing petroleum or a regulated substance or preparing petroleum or a regulated substance for transport; or
(ia)in the adjacent area for any reason touching, concerning, arising out of or connected with GHG operations in the adjacent area; or
(ii)in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of that kind,
and where a direction so expressed is given, the direction is taken to apply to each person included in that specified class or to each person who is in the adjacent area as mentioned in paragraph (b), as the case may be.
(2a)Where a direction under this section applies to a registered holder and to a person referred to in subsection (2)(a), the registered holder must cause a copy of the instrument by which the direction was given to be given to that other person or to be exhibited at a prominent position at a place in the adjacent area frequented by that other person.
(2b)Where a direction under this section applies to a registered holder and to a person referred to in subsection (2)(b), the registered holder must cause a copy of the instrument by which the direction was given to be exhibited at a prominent position at a place in the adjacent area.
(2c)Where a direction under this section applies to a registered holder and to a person referred to in subsection (2)(b), the Minister may, by notice in writing given to the registered holder, require the registered holder to cause to be displayed at such places in the adjacent area, and in such manner, as are specified in the notice, copies of the instrument by which the direction was given, and the registered holder must comply with that requirement.
(3)The Minister must not give a direction under subsection (1) of a standing or permanent nature except after consultation with the Minister of State for the time being administering the Commonwealth Act, but the validity of a direction of the Minister must not be called in question by reason only of a failure to comply with this subsection.
(4)A direction under this section has effect and must be complied with notwithstanding any previous direction under this section.
(5)A direction under this section has effect and must be complied with notwithstanding anything in the regulations or the Off‑shore (Application of Laws) Act 1977 5.
(6)Section 152(2a) and (2b) applies in relation to directions made under this section in like manner as that section applies to the regulations.
(7)A person who fails to comply with a direction in force under subsection (1) that applies to the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $10 000.
(a)a direction given under this section applies to a registered holder and another person and that other person is prosecuted for an offence against subsection (7) in relation to the direction; and
(b)the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction,
the person must not be convicted of the offence unless the prosecutor proves that the person knew, or could reasonably be expected to have known, of the existence of the direction.
[Section 101 amended: No. 12 of 1990 s. 218; No. 42 of 2010 s. 136 and 171; No. 17 of 2024 s. 260, 261 and 345.]
102.Compliance with directions
(1)Where a person does not comply with a direction given or applicable to the person under this Part or the regulations the Minister may do all or any of the things required by the direction to be done.
(2)Costs and expenses incurred by the Minister under subsection (1) in relation to a direction are a debt due by the person to whom the direction was given or was applicable to the State and are recoverable in a court of competent jurisdiction.
(2a)Where —
(a)a direction given under section 101 applies to a permittee, lessee, licensee, infrastructure licensee, pipeline licensee or the holder of a special prospecting authority or access authority and another person and an action under subsection (2) relating to the direction is brought against that other person; and
(b)the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction,
the person is not liable under subsection (2) unless the plaintiff proves that the person knew, or could reasonably be expected to have known, of the existence of the direction.
(3)It is a defence if a person charged with failing to comply with a direction given or applicable to the person under this Part or under the regulations, or a defendant in an action under subsection (2), proves that the person or defendant took all reasonable steps to comply with the direction.
[Section 102 amended: No. 12 of 1990 s. 219; No. 42 of 2010 s. 137; No. 17 of 2024 s. 261.]
103.Exemption from conditions
(a)a permit, lease, licence, infrastructure licence or pipeline licence is, under this Part, to be deemed to continue in force until the Minister grants, or refuses to grant, the renewal of the permit, lease or licence; or
(b)a licence is varied under section 45; or
(c)a licensee enters into an agreement under section 59 or a direction is given to a licensee under that section; or
(d)a permit, lease or licence is partly cancelled, partly determined or surrendered as to one or more but not all of the blocks in respect of which it is in force; or
(e)a pipeline licence is varied under section 71 or 72; or
(f)a direction is given to a pipeline licensee under section 73; or
(g)a pipeline licence is partly cancelled; or
(h)an access authority is granted in respect of a block the subject of a permit, lease or licence, or an access authority as in force in respect of such a block is varied; or
(i)a permittee, lessee, licensee, infrastructure licensee, pipeline licensee or the holder of a special prospecting authority or access authority applies, by instrument in writing served on the Minister —
(i)for a variation or suspension of; or
(ii)for exemption from compliance with,
any of the conditions to which the permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority is subject; or
(j)the Minister under this Part or the regulations gives a direction or consent to a permittee, lessee, licensee, infrastructure licensee, pipeline licensee or the holder of a special prospecting authority or access authority,
the Minister may, at any time, by instrument in writing served on the permittee, lessee, licensee, infrastructure licensee, pipeline licensee or the holder of the special prospecting authority or access authority —
(k)vary or suspend; or
(l)exempt the permittee, lessee, licensee, infrastructure licensee, pipeline licensee or the holder of the special prospecting authority or access authority from compliance with,
any of the conditions to which the permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority is subject, upon such conditions, if any, as the Minister determines and specifies in the instrument.
(2)Subsection (1) does not authorise the making of an instrument to the extent that it would affect the term of a permit, lease, licence, infrastructure licence or pipeline licence.
(3)Notwithstanding subsection (2), where in pursuance of subsection (1) the Minister suspends, or exempts the permittee or lessee from compliance with, any of the conditions to which a permit or lease is subject, the Minister may, if he considers that circumstances make it reasonable to do so, in the instrument of suspension or exemption or by a later instrument in writing served on the permittee or lessee, extend the term of the permit or lease by a period not exceeding the period of suspension or exemption.
[Section 103 amended: No. 12 of 1990 s. 220; No. 42 of 2010 s. 138.]
103A.Variation of petroleum title by including area as result of change to boundary of offshore area
Commonwealth title means —
(a)a Commonwealth permit; or
(b)a Commonwealth lease; or
(c)a Commonwealth licence;
fixed‑term WA licence means a licence granted for a fixed period of years;
petroleum title means a permit, lease or licence;
(b)if a graticular section is wholly within the area that was covered by the Commonwealth title concerned — the graticular section; or
(c)if a part only of a graticular section is within the area that was covered by the Commonwealth title concerned — that part of the graticular section.
See also subsection (14).
(a)a Commonwealth title has been granted on the basis that an area (the relevant area) is within the offshore area; and
and
and
(d)immediately before the relevant time mentioned in whichever of subsection (3) or (4) is applicable —
(i)the Commonwealth title was held by the registered holder of a petroleum title that corresponds to the Commonwealth title; and
(ii)at least one section 17 block covered by the petroleum title immediately adjoined at least one other section 17 block that was covered by the Commonwealth title and that is in the relevant area;
and
(e)before the relevant time mentioned in whichever of subsection (3) or (4) is applicable —
(i)the registered holder of the Commonwealth title; and
(ii)the registered holder of the petroleum title,
gave the Minister a written notice electing to accept the variation under this section of the petroleum title.
For when a petroleum title corresponds to a Commonwealth title, see subsection (13).
(a)one or more, but not all, of the section 17 blocks that were covered by the Commonwealth title immediately before the change are in the relevant area; and
(b)the Commonwealth title subsequently ceases to be in force at the same time (the relevant time) —
(i)as to all of the section 17 blocks that were covered by the Commonwealth title immediately before the change and that are in the offshore area; and
(ii)otherwise than as the result of the cancellation or surrender of the Commonwealth title.
(a)all of the section 17 blocks that were covered by the Commonwealth title immediately before the change are in the relevant area; and
(b)the Commonwealth title subsequently ceases to be in force at the same time (the relevant time) —
(i)as to all of the section 17 blocks that were covered by the Commonwealth title immediately before the change; and
(ii)otherwise than as the result of the cancellation or surrender of the Commonwealth title.
(5)If the conditions set out in subsection (2)(d) and (e) are met in relation to only one petroleum title, that petroleum title is the relevant petroleum title for the purposes of this section.
(6)If the conditions set out in subsection (2)(d) and (e) would, apart from this subsection, be met in relation to 2 or more petroleum titles that have the same registered holder, the Minister must, by written notice given to the registered holder, declare that one of those petroleum titles is the relevant petroleum title for the purposes of this section.
(7)If the relevant petroleum title is a permit —
(a)the Minister must, by written notice given to the permittee, vary the permit to include in the permit area all of the section 17 blocks that —
and
(b)the section 17 blocks included in the permit area because of the variation are, for the remainder of the term of the permit, blocks in relation to which the permit is in force.
(8)If the relevant petroleum title is a lease —
(a)the Minister must, by written notice given to the lessee, vary the lease to include in the lease area all of the section 17 blocks that —
and
(b)the section 17 blocks included in the lease area because of the variation are, for the remainder of the term of the lease, blocks in relation to which the lease is in force.
(9)If the relevant petroleum title is a licence —
(a)the Minister must, by written notice given to the licensee, vary the licence to include in the licence area all of the section 17 blocks that —
and
(b)the section 17 blocks included in the licence area because of the variation are, for the remainder of the term of the licence, blocks in relation to which the licence is in force.
(10)Subsections (7)(b), (8)(b) and (9)(b) have effect subject to this Part.
(11)A variation mentioned in subsection (7)(a), (8)(a) or (9)(a) takes effect immediately after the relevant time mentioned in whichever of subsection (3) or (4) is applicable.
(12)For the purposes of this section, a section 17 block immediately adjoins another section 17 block if —
(a)the graticular section that constitutes or includes that section 17 block and the graticular section that constitutes or includes that other section 17 block —
(i)have a side in common; or
(ii)are joined together at one point only;
or
(b)that section 17 block and that other section 17 block are in the same graticular section.
(13)For the purposes of this section —
(a)a permit granted otherwise than by way of renewal corresponds to a Commonwealth permit granted otherwise than by way of renewal; and
(b)a lease corresponds to a Commonwealth lease; and
(c)a fixed‑term WA licence granted otherwise than by way of renewal corresponds to a Commonwealth licence granted otherwise than by way of renewal; and
(d)a permit granted by way of first renewal corresponds to a Commonwealth permit granted by way of first renewal; and
(e)a fixed‑term WA licence granted by way of first renewal corresponds to a Commonwealth licence granted by way of first renewal; and
(f)a permit granted by way of second renewal corresponds to a Commonwealth permit granted by way of second renewal; and
(g)a fixed‑term WA licence granted by way of second or subsequent renewal corresponds to a Commonwealth licence granted by way of second or subsequent renewal.
(14)If, after the change to the boundary of the offshore area —
(a)a part of a section 17 block that was covered by the Commonwealth title immediately before the change is in the offshore area; and
then, for the purposes of this section (other than this subsection), each of those parts is taken to constitute, and to have always constituted, a section 17 block.
[Section 103A inserted: No. 7 of 2017 s. 48.]
104.Surrender of permits etc.
(1)The registered holder of an instrument, being a permit, lease, licence, infrastructure licence or pipeline licence, may, at any time, by application in writing served on the Minister, apply for consent to surrender the instrument —
(a)in the case of a permit or licence, as to all or some of the blocks in respect of which it is in force; or
(aaa)in the case of an infrastructure licence, as to the infrastructure licence area; or
(aa)in the case of a lease, as to all of the blocks in respect of which it is in force; or
(b)in the case of a pipeline licence, as to the whole or a part of the pipeline in respect of which it is in force.
(2)Subject to subsection (3), the Minister shall not give his consent to a surrender of an instrument under subsection (1) unless the registered holder —
(a)has paid all fees and amounts payable by him under this Act or the Registration Fees Act, or has made arrangements that are satisfactory to the Minister for the payment of those fees and amounts; and
(b)has complied with the conditions to which the instrument is subject and with the provisions of this Part and of the regulations; and
(c)has, to the satisfaction of the Minister, removed or caused to be removed from the area to which the surrender relates all property brought into that area by any person engaged or concerned in the operations authorised by the instrument, or has made arrangements that are satisfactory to the Minister with respect to that property; and
(d)has, to the satisfaction of the Minister, plugged or closed off all wells made in that area by any person engaged or concerned in the operations authorised by the instrument; and
(e)subject to this Part and to the regulations, has made provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area; and
(f)has, to the satisfaction of the Minister, made good any damage to the seabed or subsoil in that area caused by any person engaged or concerned in the operations authorised by the instrument,
but if the registered holder has complied with those requirements the Minister shall not unreasonably refuse to consent to the surrender.
(3)Where the registered holder of an instrument, being a permit, lease, licence, infrastructure licence or pipeline licence, has not complied with the conditions to which the instrument is subject and with the provisions of this Part and of the regulations, the Minister may give his consent to a surrender of the instrument under subsection (1) if he is satisfied that, although the registered holder has not so complied, special circumstances exist that justify the giving of consent to the surrender.
(4)Where the Minister consents to an application under subsection (1), the applicant may, by instrument in writing served on the Minister, surrender the instrument accordingly.
(5)In this section, the area to which the surrender relates means —
(a)in relation to a surrender of a permit, lease or licence, the area constituted by the blocks as to which the permit, lease or licence is proposed to be surrendered; and
(ba)in relation to an infrastructure licence, the infrastructure area; and
(b)in relation to a surrender of a pipeline licence, the part of the adjacent area in which the pipeline, or the part of the pipeline, as to which the pipeline licence is proposed to be surrendered, is constructed.
[Section 104 amended: No. 12 of 1990 s. 221; No. 42 of 2010 s. 139.]
105.Cancellation of permits etc.
(1)Where a permittee, lessee, licensee, infrastructure licensee or pipeline licensee —
(a)has not complied with a condition to which the permit, lease, licence, infrastructure licence or pipeline licence is subject; or
(b)has not complied with a direction given to him under this Part by the Minister; or
(c)has not complied with a provision of this Part or of the regulations; or
(d)has not paid any amount payable by him under this Act or the Registration Fees Act, within a period of 3 months after the day on which the amount became payable,
the Minister may, on that ground, by instrument in writing served on the permittee, lessee, licensee, infrastructure licensee or pipeline licensee, as the case may be —
(e)in the case of a permit or licence, cancel the permit or licence as to all or some of the blocks in respect of which it is in force; or
(ea)in the case of a lease, cancel the lease as to all of the blocks in respect of which it is in force; or
(fa)in the case of an infrastructure licence, cancel the infrastructure licence; or
(f)in the case of a pipeline licence, cancel the pipeline licence as to the whole or a part of the pipeline in respect of which it is in force.
(2)The Minister shall not, under subsection (1), cancel a permit, licence or pipeline licence as to all or some of the blocks, or as to the whole or a part of the pipeline in respect of which it is in force, cancel an infrastructure licence, or cancel a lease as to all of the block in respect of which it is in force, on a ground referred to in that subsection unless —
(a)he has, by instrument in writing served on the permittee, lessee, licensee, infrastructure licensee or pipeline licensee, as the case may be, given not less than one month’s notice of his intention so to cancel the permit, lease, licence, infrastructure licence or pipeline licence on that ground; and
(b)he has served a copy of the instrument on such other persons, if any, as he thinks fit; and
(c)he has, in the instrument, specified a date on or before which the permittee, lessee, licensee, infrastructure licensee or pipeline licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes the Minister to consider; and
(d)he has taken into account —
(i)any action taken by the permittee, lessee, licensee, infrastructure licensee or pipeline licensee, as the case may be, to remove that ground or to prevent the recurrence of similar grounds; and
(ii)any matters so submitted to him on or before the specified date by the permittee, lessee, licensee, infrastructure licensee or pipeline licensee or by a person on whom a copy of the first‑mentioned instrument has been served.
[Section 105 amended: No. 12 of 1990 s. 222; No. 42 of 2010 s. 140.]
106.Cancellation of permit etc. not affected by other provisions
cancelled —
(a)in the case of a permit or licence — includes cancelled as to some of the blocks in respect of which it is in force;
(b)in the case of a pipeline licence — includes cancelled as to part of the pipeline in respect of which it is in force;
this Act includes the Registration Fees Act;
this Part includes the regulations.
(2)A permit, licence, pipeline licence, lease or infrastructure licence may be cancelled on the ground that the registered holder has not complied with a provision of this Part or of the regulations even though the holder has been convicted of an offence because of the holder’s failure to comply with the provision.
(3)If a permit, licence, pipeline licence, lease or infrastructure licence has been cancelled on the ground that the registered holder has not complied with a provision of this Part or of the regulations, the person who was or is the registered holder may be convicted of an offence because of the person’s failure to comply with the provision despite the cancellation.
(4)A permit, licence, pipeline licence, lease or infrastructure licence may be cancelled on the ground that the registered holder has not paid an amount payable by the holder under this Act or the Registration Fees Act within the period of 3 months after the day on which the amount became payable, even though judgment for the amount has been obtained or the amount, or any part of the amount, has been paid or recovered.
(5)If a permit, licence, pipeline licence, lease or infrastructure licence has been cancelled on the ground that the registered holder has not paid an amount payable by the holder under this Act or the Registration Fees Act within the period of 3 months after the day on which the amount became payable, the person who was or is the registered holder continues to be liable to pay that amount, together with any additional amount payable because of late payment of that amount, despite the cancellation.
[Section 106 inserted: No. 42 of 2010 s. 141.]
107.Removal of property etc. by permittee etc.
(a)a permit has been wholly or partly determined or wholly or partly cancelled, or has expired; or
(b)a lease has been wholly or partly determined or wholly cancelled, or has expired; or
(c)a licence has been wholly or partly determined or wholly or partly cancelled, has been terminated or has expired; or
(d)an infrastructure licence has been cancelled or terminated; or
(e)a pipeline licence has been wholly or partly determined or wholly or partly cancelled, or has been terminated,
the Minister may, by written notice served on the person who was or is, as the case may be, the permittee, licensee, lessee, infrastructure licensee or pipeline licensee, direct the person to do any one or more of the following —
(f)to remove or cause to be removed from the relinquished area all property brought into the area by any person engaged or concerned in the operations authorised by the permit, lease, licence, infrastructure licence or pipeline licence or to make arrangements that are satisfactory to the Minister with respect to the property;
(g)to plug or close off, to the satisfaction of the Minister, all wells made in that area by any person engaged or concerned in those operations;
(h)subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area;
(i)to make good, to the satisfaction of the Minister, any damage to the seabed or subsoil in that area caused by any person engaged or concerned in those operations.
(2)The Minister may, by written notice served on a person who is a permittee, lessee, licensee, infrastructure licensee or pipeline licensee, direct the person to do any one or more of the following —
(a)to remove or cause to be removed from the permit area, lease area, licence area, infrastructure licence area or part of the adjacent area in which the pipeline is constructed, as the case may be, all property brought into the area or part by any person engaged or concerned in the operations authorised by the permit, lease, licence, infrastructure licence or pipeline licence or to make arrangements that are satisfactory to the Minister with respect to the property;
(b)to plug or close off, to the satisfaction of the Minister, all wells made in that area or part by any person engaged or concerned in those operations;
(c)subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area or part;
(d)to make good, to the satisfaction of the Minister, any damage to the seabed or subsoil in that area or part caused by any person engaged or concerned in those operations.
(3)A person to whom a direction is given under subsection (1) or (2) shall comply with the direction —
(a)in the case of a direction given under subsection (1), within the period specified in the instrument by which the direction was given; or
(b)in the case of a direction given under subsection (2), on or before the date of expiration of the permit, lease, licence or pipeline licence concerned.
Penalty for an offence under subsection (3): a fine of $10 000.
[Section 107 amended: No. 12 of 1990 s. 224; No. 42 of 2010 s. 142.]
108.Removal of property etc. by Minister
(a)a permit has been wholly or partly determined or wholly or partly cancelled, or has expired; or
(b)a lease has been wholly or partly determined or wholly cancelled, or has expired; or
(c)a licence has been wholly or partly determined or wholly or partly cancelled, has been terminated or has expired; or
(d)an infrastructure licence has been cancelled or terminated; or
(e)a pipeline licence has been wholly or partly determined or wholly or partly cancelled, or has been terminated.
(2)If a direction under section 107 has not been complied with, or an arrangement under that section has not been carried out, in relation to the relinquished area —
(a)the Minister may do all or any of the things required by the direction or arrangement to be done; and
(b)if any property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease, licence, infrastructure licence or pipeline licence has not been removed in accordance with the direction or arrangement, the Minister may, by instrument published in the Gazette, direct that the owner or owners of that property shall remove it from that area, or dispose of it to the satisfaction of the Minister, within the period specified in the instrument and shall serve a copy of the instrument on each person whom the Minister believes to be an owner of that property or any part of that property.
[Section 108 inserted: No. 42 of 2010 s. 143.]
[109, 110.Deleted: No. 42 of 2010 s. 144.]
111.Special prospecting authorities
(1)A person may make an application to the Minister for the grant of a special prospecting authority in respect of a block or blocks in respect of which a permit, lease or licence is not in force.
(c)must specify the operations that the applicant proposes to carry on and the block or blocks in respect of which the applicant proposes to carry on those operations; and
(ca)may, in the case of an application for the grant of a petroleum special prospecting authority, include an application for an approval for the purposes of subsection (4A)(a); and
(3)The Minister —
(a)may grant to the applicant a special prospecting authority subject to such conditions as the Minister thinks fit and specifies in the authority; or
(b)may refuse to grant the application.
(3A)If the Minister grants a petroleum special prospecting authority on an application that included an application for an approval for the purposes of subsection (4A)(a), the Minister may grant the approval and include it in the petroleum special prospecting authority.
(4)Except as provided in subsection (4A), a petroleum special prospecting authority, while it remains in force, authorises the holder, subject to this Act and in accordance with the conditions to which the petroleum special prospecting authority is subject, to carry on in the blocks specified in the petroleum special prospecting authority the petroleum exploration operations so specified.
(4A)A petroleum special prospecting authority does not authorise the holder to carry on petroleum exploration operations in relation to a regulated substance unless —
(a)the petroleum special prospecting authority includes an approval granted by the Minister extending the petroleum special prospecting authority to cover the regulated substance; or
(b)the holder applies to the Minister in writing for such an approval and the Minister grants the approval by instrument in writing.
(4B)A GHG special prospecting authority, while it remains in force, authorises the holder, subject to this Act and in accordance with the conditions to which the special prospecting authority is subject, to carry on in the blocks specified in the special prospecting authority the GHG exploration operations so specified.
(5)Nothing in a special prospecting authority authorises the holder to make a well.
(6)A special prospecting authority comes into force on the day specified for the purpose in the authority and, unless surrendered or cancelled, remains in force for such period, not exceeding 6 months, as is so specified.
(6a)A special prospecting authority is not capable of being transferred.
(6b)Where —
(a)a person holds a petroleum special prospecting authority in respect of a block; and
(b)another petroleum special prospecting authority is granted to another person in respect of the block,
the Minister must, by notice in writing served on each of those persons, inform each of them of —
(c)the petroleum exploration operations authorised by the special prospecting authority granted to the other person; and
(d)the conditions to which the special prospecting authority granted to the other person is subject.
(6C)Subsection (6D) applies if —
(a)a person holds a GHG special prospecting authority in respect of a block; and
(b)another GHG special prospecting authority is granted to another person in respect of the block.
(6D)The Minister must, by notice in writing served on each of the persons referred to in subsection (6C), inform each of them of —
(a)the GHG exploration operations authorised by the GHG special prospecting authority granted to the other person; and
(b)the conditions to which the GHG special prospecting authority granted to the other person is subject.
(7)A special prospecting authority —
(a)may be surrendered by the holder at any time by instrument in writing served on the Minister; and
(b)may, if the holder has not complied with a condition to which the authority is subject, be cancelled by the Minister by instrument in writing served on the holder.
(8)Where a special prospecting authority has been surrendered or cancelled, or has expired, the Minister may, by instrument in writing served on the person who was the holder of the special prospecting authority, direct that person to do any 1 or more of the following things —
(a)to remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorised by the special prospecting authority or to make arrangements that are satisfactory to the Minister with respect to that property; and
(b)subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area; and
(c)to make good, to the satisfaction of the Minister, any damage to the seabed or subsoil in that area caused by any person engaged or concerned in those operations.
(9)A person to whom a direction is given under subsection (8) must comply with the direction.
(10)Section 108 applies to and in relation to a special prospecting authority as if —
(a)a reference in that section to a permit were a reference to a special prospecting authority; and
(b)a reference in that section to a direction or an arrangement under section 107 were a reference to a direction or an arrangement under subsection (8).
[Section 111 amended: No. 12 of 1990 s. 226; No. 13 of 2005 s. 46(1); No. 42 of 2010 s. 145 and 171; No. 17 of 2024 s. 243, 261 and 346.]
112.Access authorities
(1AA)In this section —
GHG title means an authority, however described, under the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 or a law of the Commonwealth, of another State or of the Northern Territory, to carry on an operation equivalent to a GHG injection operation;
petroleum title means an authority, however described, under the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 or a law of the Commonwealth, of another State or of the Northern Territory, to explore for, or to recover, petroleum or a regulated substance.
(1)A petroleum permittee, petroleum lessee, petroleum licensee or holder of a petroleum special prospecting authority may make an application to the Minister for the grant of a petroleum access authority to enable the permittee, lessee, licensee or holder to carry on in an area, being part of the adjacent area that is not part of the permit area, lease area or licence area or area of the blocks specified in the special prospecting authority, petroleum operations or operations related to the recovery of petroleum or a regulated substance in or from the permit area, lease area or licence area or area of the blocks so specified.
(1a)A holder of a petroleum title outside the adjacent area may make an application to the Minister for the grant of a petroleum access authority to enable the holder to carry on, in a part of the adjacent area, petroleum operations or operations related to the recovery of petroleum or a regulated substance in or from the area to which that petroleum title relates.
(1B)A person who is a GHG permittee, GHG lessee, GHG licensee or holder of a GHG special prospecting authority may apply to the Minister for the grant of a GHG access authority to enable the person to carry on, in an area being part of the adjacent area that is not part of the permit area, lease area or licence area or area of the blocks specified in the special prospecting authority, GHG operations related to the GHG operations carried on in the permit area, lease area or licence area or area of the blocks so specified.
(1C)A holder of a GHG title outside the adjacent area may apply to the Minister for the grant of a GHG access authority to enable the holder to carry on, in a part of the adjacent area, GHG operations related to the operation carried on in the area to which that GHG title relates.
(c)must specify the operations that the applicant proposes to carry on and the area in which the applicant proposes to carry on those operations; and
(ca)may, in the case of an application for the grant of a petroleum access authority, include an application for an approval for the purposes of subsection (5AA)(a); and
(d)may set out any other matters that the applicant wishes the Minister to consider.
(3)The Minister may —
(a)if satisfied that it is necessary or desirable to do so for the more effective exercise of the rights, or for the proper performance of the duties, of a permittee, lessee, licensee or holder of a special prospecting authority, a petroleum title or a GHG title who has made an application under this section, grant to the applicant an access authority subject to such conditions as the Minister thinks fit and specifies in the access authority; and
(b)at any time, by instrument in writing served on the registered holder of an access authority so granted, vary the access authority.
(3A)If the Minister grants a petroleum access authority on an application that included an application for an approval for the purposes of subsection (5AA)(a), the Minister may grant the approval and include it in the petroleum access authority.
(4)Subject to subsection (4C), the Minister must not do either of the following unless the Minister complies with subsection (4B) —
(a)grant a petroleum access authority on an application under this section in respect of a block that is the subject of a petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority of which the registered holder is a person other than the applicant;
(b)vary a petroleum access authority as in force in respect of a block that is the subject of a petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority of which the registered holder is a person other than the registered holder of the access authority.
(4A)Subject to subsection (4C), the Minister must not do either of the following unless the Minister complies with subsection (4B) —
(a)grant a GHG access authority on an application under this section in respect of a block that is the subject of a GHG exploration permit, GHG retention lease, GHG injection licence or GHG special prospecting authority of which the registered holder is a person other than the applicant;
(b)vary a GHG access authority as in force in respect of a block that is the subject of a GHG exploration permit, GHG retention lease, GHG injection licence or GHG special prospecting authority of which the registered holder is a person other than the registered holder of the access authority.
(4B)The Minister must not grant or vary, as the case may be, an access authority as referred to in subsection (4) or (4A) unless the Minister —
(a)by instrument in writing served on the person who is the registered holder of the permit, lease, licence or special prospecting authority, gives not less than 1 month’s notice of the Minister’s intention to grant or vary, as the case may be, the access authority; and
(b)serves a copy of the instrument —
(i)on any other persons that the Minister thinks fit; and
(ii)in a case where the Minister intends to vary an access authority, on the registered holder of the access authority;
and
(c)in the instrument —
(i)gives particulars of the access authority proposed to be granted, or of the variation proposed to be made, as the case may be; and
(ii)specifies a day on or before which a person on whom the instrument, or a copy of the instrument, is served may, by instrument in writing served on the Minister, submit any matters that the person wishes the Minister to consider;
and
(d)takes into account any matters so submitted on or before the specified day by a person on whom the first‑mentioned instrument, or a copy of that instrument, is served.
(4C)Subsection (4) or (4A), as the case requires, does not apply if the holder of the permit, lease, licence or special prospecting authority consents in writing to the grant or variation, as the case may be, of the access authority.
[(5A)deleted]
(5)Except as provided in subsection (5AA), an access authority, while it remains in force, authorises the holder, subject to this Act and in accordance with the conditions to which the access authority is subject, to carry on, in the area specified in the access authority, the operations so specified.
(5AA)A petroleum access authority does not authorise the holder to carry on operations in relation to a regulated substance unless —
(a)the petroleum access authority includes an approval granted by the Minister extending the petroleum access authority to cover the regulated substance; or
(b)the holder applies to the Minister in writing for such an approval and the Minister grants the approval by instrument in writing.
(6)Nothing in a petroleum access authority authorises the holder to make a well other than a deviation well into an adjacent permit area, lease area or licence area held under this Act or the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967.
(6A)A GHG access authority does not authorise the holder to make a well.
(7)An access authority comes into force on the day specified for the purpose in the access authority and, unless surrendered or cancelled, remains in force for such period as is so specified but may be extended by the Minister for a further period.
(8)An access authority —
(a)may be surrendered by the holder at any time by instrument in writing served on the Minister; and
(b)may be cancelled by the Minister at any time by instrument in writing served on the holder and on any person in whose permit area, lease area or licence area operations may be carried on in pursuance of the access authority.
(9)Where an access authority has been surrendered or cancelled or has expired, the Minister may, by instrument in writing served on the person who was the holder of the access authority, direct that person to do any 1 or more of the following things —
(a)to remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorised by the access authority or to make arrangements that are satisfactory to the Minister with respect to that property; and
(b)subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area; and
(c)to make good, to the satisfaction of the Minister, any damage to the seabed or subsoil in that area caused by any person engaged or concerned in those operations.
(10)A person to whom a direction is given under subsection (9) must comply with the direction.
(11)The holder of an access authority must, if the access authority is in force in respect of an area that consists of, or includes, a block that is the subject of a permit, lease or licence of which the holder is not the registered holder, furnish to the registered holder of that permit, lease or licence, within 28 days after the end of each month during which the access authority is in force in respect of that block, a full report, in writing, of the operations (not being operations related to the recovery of petroleum or a regulated substance by means of a deviation well referred to in subsection (6)) carried on in that block during that month and a summary of the facts ascertained from those operations.
(12)Section 108 applies to and in relation to an access authority as if —
(a)a reference in that section to a permit were a reference to an access authority; and
(b)a reference in that section to a direction or an arrangement under section 107 were a reference to a direction or an arrangement under subsection (9).
[(13)deleted]
[Section 112 amended: No. 12 of 1990 s. 227; No. 28 of 1994 s. 108; No. 13 of 2005 s. 46(1); No. 35 of 2007 s. 104(2); No. 42 of 2010 s. 146 and 171; No. 17 of 2024 s. 244, 260, 261 and 347.]
113.Sale of property
(1)Where a direction under section 108 has not been complied with in relation to any property, the Minister may do all or any of the following things —
(a)remove, in such manner as he thinks fit, all or any of that property from the relinquished area concerned; and
(b)dispose of, in such manner as he thinks fit, all or any of that property; and
(c)if he has served a copy of the instrument by which the direction was given on a person whom he believed to be an owner of that property or part of that property, sell, by public auction or otherwise, as he thinks fit, all or any of that property that belongs, or that he believes to belong, to that person.
(2)The Minister may deduct from the proceeds of a sale under subsection (1) of property that belongs, or that he believes to belong, to a particular person —
(a)all or any part of any costs and expenses incurred by him under that subsection in relation to that property; and
(b)all or any part of any costs and expenses incurred by him in relation to the doing of any thing required by a direction under section 107, 111 or 112, as the case may be, to be done by that person; and
(c)all or any part of any fees or amounts due and payable under this Act or the Registration Fees Act by that person.
(3)Costs and expenses incurred by the Minister under subsection (1) —
(a)if incurred in relation to the removal, disposal or sale of property, are a debt due by the owner of the property to the State; or
(b)if incurred in relation to the doing of any thing required by a direction under section 107, 111 or 112, as the case may be, to be done by a person who is or was a permittee, lessee, licensee, infrastructure licensee, pipeline licensee or holder of a special prospecting authority or access authority, are a debt due by that person to the State,
and, to the extent to which they are not recovered under subsection (2), are recoverable in a court of competent jurisdiction.
(4)Subject to subsection (3), no action lies in respect of the removal, disposal or sale of property under this section.
[Section 113 amended: No. 12 of 1990 s. 228; No. 42 of 2010 s. 147.]
[114.Deleted: No. 28 of 1994 s. 109.]
115.Minister etc. may require information to be furnished etc.
(1)Where the Minister or an inspector has reason to believe that a person is capable of giving information or producing documents relating to petroleum operations, operations relating to the processing or storage of petroleum or a regulated substance or the preparation of petroleum or a regulated substance for transport or operations connected with the construction or operation of a pipeline or to GHG operations in the adjacent area, the Minister or inspector may, by instrument in writing served on that person, require that person —
(a)to furnish to the Minister or inspector in writing, within the period and in the manner specified in the instrument, any such information; or
(b)to attend before the Minister or inspector, or a person specified in the instrument, at such time and place as is so specified and there to answer questions relating to those operations and to produce such documents relating to those operations as are so specified.
(2)A person is not excused from furnishing information, answering a question or producing a document when required to do so under this section on the ground that the information so furnished, the answer to the question or the production of the document might tend to incriminate the person or make the person liable to a penalty.
(3)However, any information furnished, answer given or document produced pursuant to the requirement, and any information or thing (including any document) obtained as a direct or indirect consequence of the furnishing of the information, the answering of the question or the production of the document, as the case may be, is not admissible in evidence against the person in any civil proceedings or in any criminal proceedings other than proceedings for an offence against section 117.
[Section 115 amended: No. 42 of 2010 s. 148; No. 17 of 2024 s. 260, 261 and 348.]
116.Power to examine on oath
(1)The Minister or an inspector may administer an oath to a person required to attend before him in pursuance of section 115 and may examine that person on oath.
(2)Where a person attending before the Minister or an inspector in pursuance of section 115 conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth to all questions asked him.
(3)An affirmation made under subsection (2) is of the same force and effect, and entails the same penalties, as an oath.
117.Failing to furnish information etc.
A person shall not —
(a)refuse or fail to comply with a requirement in an instrument under section 115 to the extent to which he is capable of complying with it; or
(b)in purported compliance with such a requirement, furnish information that is to his knowledge false or misleading in a material particular; or
(c)when attending before the Minister or an inspector in pursuance of such a requirement, make a statement or produce a document that is to his knowledge false or misleading in a material particular.
[Section 117 amended: No. 42 of 2010 s. 171.]
[118.Deleted: No. 42 of 2010 s. 149.]
119.Exclusion zones
(1)For the purpose of protecting a well or structure, or any equipment, in the adjacent area, the Minister may, by instrument published in the Gazette, prohibit —
(a)all vessels; or
(b)all vessels other than specified vessels; or
(c)all vessels other than the vessels included in specified classes of vessels,
from entering or remaining in a specified area (in this section called an exclusion zone) surrounding the well, structure or equipment without the consent in writing of the Minister.
(2)An exclusion zone specified in an instrument under subsection (1) may extend to a distance of 500 m around the well, structure or equipment specified in the instrument measured from each point of the outer edge of the well, structure or equipment.
(3)Where a vessel enters or remains in an exclusion zone specified in an instrument under subsection (1) in contravention of the instrument, the owner and the person in command or in charge of the vessel are each guilty of an offence against this section and are punishable, upon conviction, by a fine not exceeding $100 000 or imprisonment for a term not exceeding 10 years, or both.
[Section 119 amended: No. 36 of 2020 s. 339.]
120.Discovery of water
Where water is discovered in a permit area, a lease area or a licence area, the permittee, lessee or licensee, as the case may be, shall, within a period of one month after the date of the discovery, furnish to the Minister in writing particulars of the discovery.
[Section 120 amended: No. 12 of 1990 s. 231; No. 42 of 2010 s. 171.]
[121.Deleted: No. 42 of 2010 s. 150.]
122.Records etc. to be kept
(1)The Minister may, by instrument in writing served on a person carrying on operations in the adjacent area under a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority, access authority or instrument of consent under section 123, direct that person to do any one or more of the following things —
(a)to keep such accounts, records and other documents in connection with those operations as are specified in the instrument; and
(b)to collect and retain such cores, cuttings and samples in connection with those operations as are so specified; and
(c)to furnish to the Minister, or to such person as is so specified, in the manner so specified, such reports, cores, cuttings and samples in connection with those operations as are so specified.
(2)A person to whom a direction is given under subsection (1) shall comply with the direction.
Penalty for an offence under subsection (2): a fine of $10 000.
[Section 122 amended: No. 12 of 1990 s. 233; No. 42 of 2010 s. 151; No. 17 of 2024 s. 245.]
123A.Data management: regulations
(1)The regulations may make provision for and in relation to —
(a)the keeping of accounts, records and other documents in connection with operations in the adjacent area under —
(i)a permit; or
(ii)a lease; or
(iii)a licence; or
(iv)an infrastructure licence; or
(v)a pipeline licence; or
(vi)a special prospecting authority; or
(vii)an access authority; or
(viii)an instrument of consent under section 123;
and
(b)the collection and retention of cores, cuttings and samples in connection with those operations; and
(c)the giving to the Minister, or a specified person, of reports, cores, cuttings and samples in connection with those operations.
(2)A requirement under section 122 is in addition to a requirement under regulations made for the purposes of this section.
[Section 123A inserted: No. 42 of 2010 s. 152; amended: No. 17 of 2024 s. 246.]
123.Scientific investigation
(1)The Minister may, by instrument in writing, consent to the carrying on in the adjacent area by any person of petroleum exploration operations or GHG exploration operations in the course of a scientific investigation.
(2)An instrument of consent under subsection (1) may be made subject to such conditions, if any, as are specified in the instrument.
(3)An instrument of consent in force under subsection (1) authorises the person specified in the instrument, subject to section 124 and in accordance with the conditions, if any, to which the instrument is subject, to carry on, in the adjacent area, petroleum exploration operations or GHG exploration operations so specified in the course of the scientific investigation so specified.
[Section 123 amended: No. 17 of 2024 s. 349.]
124.Interference with other rights
A person carrying on operations in the adjacent area under a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority, access authority or instrument of consent under section 123 must carry on those operations in a manner that does not interfere with —
(a)navigation; or
(b)fishing; or
(c)the conservation of the resources of the sea and seabed; or
(d)any of the following operations of another person that are being lawfully carried on —
(i)operations relating to the exploration for, recovery of or conveyance of a mineral, whether petroleum or a regulated substance or not;
(ii)GHG operations;
(iii)operations relating to the construction or operation of a pipeline;
or
(e)the enjoyment of native title rights and interests (within the meaning of the Native Title Act 1993 of the Commonwealth),
to a greater extent than is necessary for the reasonable exercise of the rights and performance of the duties of that first‑mentioned person.
[Section 124 amended: No. 12 of 1990 s. 234; No. 17 of 1999 s. 29; No. 42 of 2010 s. 153 and 171; No. 17 of 2024 s. 260, 261 and 350.]
124A.Liability for payment of compensation to native title holders
(1)If compensation is payable to native title holders for or in respect of the grant of an authorisation, the person liable to pay the compensation is —
(a)if an amount is to be paid and held in trust, the applicant for the grant of, or the holder of, the authorisation at the time the amount is required to be paid; or
(b)otherwise, the applicant for the grant of, or the holder of, the authorisation at the time a determination of compensation is made.
(2)If, at the relevant time, there is no holder of the authorisation because the authorisation has been surrendered or cancelled or has expired, a reference in subsection (1) to the holder of the authorisation is a reference to the holder of the authorisation immediately before its surrender, cancellation or expiry.
(3)In this section —
authorisation means a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority;
native title holders has the same meaning as in the Native Title Act 1993 of the Commonwealth.
[Section 124A inserted: No. 61 of 1998 s. 18; amended: No. 42 of 2010 s. 154.]
124B.Interfering with petroleum operation or GHG operation
(1)A person must not intentionally or recklessly —
(a)cause damage to, or interfere with, a well or any structure or vessel in the adjacent area that is, or is to be, used in a petroleum operation or GHG operation; or
(b)interfere with any petroleum operation or GHG operation.
Penalty: imprisonment for 10 years.
(2)In this section —
structure means any fixed, moveable or floating structure or installation and includes a pipeline, pumping station, tank station and valve station.
[Section 124B inserted: No. 13 of 2005 s. 39; amended: No. 17 of 2024 s. 260 and 351.]
125.Inspectors
(1)The Minister may, by instrument in writing, appoint a person to be an inspector for such or all of the purposes of this Act as are specified in the instrument of appointment.
(2)The Minister may furnish to an inspector a certificate stating that the person is an inspector for the purposes specified in the certificate.
(3)Where the appointment of a person under this section expires or is revoked, that person shall forthwith surrender the certificate furnished to him under this section to the Minister or if the Minister, by instrument in writing served on that person, specifies another person to whom the certificate is to be surrendered, to that other person.
Penalty for an offence under subsection (3): a fine of $500.
[Section 125 amended: No. 32 of 1994 s. 19; No. 13 of 2005 s. 40; No. 42 of 2010 s. 155; No. 57 of 2011 s. 5.]
126.Powers of inspectors
(1)For the purposes of this Act, an inspector, at all reasonable times and on production of the certificate furnished to the inspector under section 125 —
(a)must have access to any part of the adjacent area and to any structure, ship, aircraft or building in that area that, in the inspector’s opinion, has been, is being or is to be used in connection with any of the following operations in that area —
(i)petroleum exploration operations;
(ii)petroleum or regulated substance recovery operations;
(iii)operations relating to the processing or storage of petroleum or a regulated substance;
(iv)operations relating to the preparation of petroleum or a regulated substance for transport;
(iva)GHG operations;
(v)operations connected with the construction or operation of a pipeline;
and
(b)may inspect and test any equipment that, in the inspector’s opinion, has been, is being or is to be used in that area in connection with any of those operations; and
(c)may enter any structure, ship, aircraft, building or place in that area or in the State, in which, in the inspector’s opinion, there are any documents relating to any of those operations and may inspect, take extracts from and make copies of any of those documents.
(2)A person who is the occupier or person in charge of any building, structure or place, or is the person in charge of any ship, aircraft or equipment referred to in subsection (1), must provide an inspector with all reasonable facilities and assistance for the effective exercise of the inspector’s powers under this section.
(3)A person must not, without reasonable excuse, obstruct or hinder an inspector in the exercise of the inspector’s powers under this section.
(4)In this section and in section 125 this Act includes the Registration Fees Act.
[Section 126 amended: No. 13 of 2005 s. 41; No. 42 of 2010 s. 156 and 171; No. 57 of 2011 s. 6; No. 17 of 2024 s. 260, 261 and 352.]
126A.Protection from liability for wrongdoing
(1)An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.
(2)The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted.
(3)Despite subsection (1), the State is not relieved of any liability that it might have for another person having done anything as described in that subsection.
(4)In this section a reference to the doing of anything includes a reference to the omission to do anything.
[Section 126A inserted: No. 13 of 2005 s. 42.]
127.Property in petroleum or regulated substance
Subject to this Act, if petroleum or a regulated substance is recovered by a permittee, lessee or licensee in the permit area, lease area or licence area —
(a)the petroleum or regulated substance becomes the property of the permittee, lessee or licensee; and
(b)it is not subject to any rights of other persons (other than any person to whom the permittee, lessee or licensee transfers, assigns or otherwise disposes of the petroleum or regulated substance or an interest in the petroleum or regulated substance).
[Section 127 inserted: No. 17 of 1999 s. 30; amended: No. 17 of 2024 s. 260.]
128.Suspension of rights conferred by permit
(1)Where the Minister is satisfied that it is necessary to do so in the public interest, he must, by instrument in writing served on the permittee, suspend, either for a specified period or indefinitely, all or any of the rights conferred by the permit.
(2)Where any rights are suspended in accordance with subsection (1), any conditions required to be complied with in the exercise of those rights are also suspended.
(3)The Minister may, by instrument in writing served on the permittee, terminate a suspension of rights under subsection (1).
(4)Where rights conferred by a permit are suspended in accordance with subsection (1), the Minister may, by the instrument of suspension or by a later instrument in writing served on the permittee, extend the term of the permit by a period not exceeding the period of the suspension.
[Section 128 amended: No. 17 of 2024 s. 261.]
129.Certain payments to be made by State to Commonwealth
The Treasurer of the State must, not later than the last day of each month of the year, pay to the Commonwealth amounts ascertained in accordance with the formula —
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where —
Ais the amount of royalty payable under this Act, together with the amount, if any, payable under this Act by reason of late payment of that royalty, by a permittee, lessee or licensee in respect of petroleum or a regulated substance recovered in the adjacent area under the permit, lease or licence and received by the Minister during the preceding month;
and
Bis the percentage rate at which royalty is payable under this Act by the permittee, lessee or licensee in respect of that petroleum or regulated substance,
and the Consolidated Account is hereby, to the necessary extent, appropriated accordingly.
[Section 129 amended: No. 12 of 1990 s. 236; No. 6 of 1993 s. 11; No. 77 of 2006 s. 4; No. 17 of 2024 s. 260 and 261.]
130.Determination to be disregarded in certain cases
Where a determination has been made by the Minister under section 144 in relation to a well, that determination shall be disregarded in ascertaining the value of B for the purposes of section 129.
131.Continuing offences
(1)Where an offence is committed by a person by reason of his failure to comply, within the period specified in a direction given to him under this Act, with the requirements specified in the direction, the offence, for the purposes of subsection (3), shall be deemed to continue so long as any requirement specified in the direction remains undone, notwithstanding that the period has elapsed.
(2)Where an offence is committed by a person by reason of his failure to comply with a requirement made by this Act, the offence, for the purposes of subsection (3), shall be deemed to continue so long as that failure continues, notwithstanding that any period within which the requirement was to be complied with has elapsed.
(3)Where, under subsection (1) or (2), an offence is to be deemed to continue, the person who committed the offence commits an additional offence against this Act on each day during which the offence is to be deemed to continue and is liable, upon conviction for such an additional offence, to a fine not exceeding $10 000.
[Section 131 amended: No. 13 of 2005 s. 46(2).]
132.Persons concerned in commission of offences
Without limiting section 7 of The Criminal Code, a person who by act or omission is in any way directly or indirectly knowingly concerned in the commission of any offence against this Act shall be deemed to have committed that offence and shall be punishable accordingly.
[Section 132 amended: No. 13 of 2005 s. 46(2).]
133.Crimes and other offences
(1)If the penalty provided for an offence under this Act is or includes imprisonment, the offence is a crime.
(2)Summary conviction penalty: for an offence referred to in subsection (1) — imprisonment for 2 years or a fine of $10 000 or both.
(3)Unless the contrary intention appears, an offence under this Act, other than a crime, is punishable summarily.
[Section 133 inserted: No. 4 of 2004 s. 58.]
134.Orders for forfeiture in respect of certain offences
(1)Where a person is convicted by the Supreme Court of an offence against section 19(1) or (2), 39, 39A, 60A or 60 the Court may, in addition to imposing a penalty, make 1 or more of the following orders —
(a)an order for the forfeiture of a specified aircraft or vessel used in the commission of the offence; and
(b)an order for the forfeiture of specified equipment used in the commission of the offence; and
(c)an order —
(i)for the forfeiture of specified petroleum or regulated substances recovered, or conveyed through a pipeline, as the case may be, in the course of the commission of the offence; or
(ii)for the payment by that person to the State of an amount equal to the proceeds of the sale of specified petroleum or regulated substances so recovered or conveyed; or
(iii)for the payment by that person to the State of an amount equal to the value at the well‑head, assessed by the Court, of the quantity, so assessed, of petroleum or a regulated substance so recovered or conveyed or for the payment of such part of that amount as the Court, having regard to all the circumstances, thinks fit.
(2)Where the Court is satisfied that an order made under subsection (1)(c)(i) cannot, for any reason, be enforced, the Court may, upon the application of the person by whom the proceedings were brought, set aside the order and make either of the orders referred to in subsection (1)(c)(ii) or (iii).
(3)The Court may, before making an order under this section, require notice to be given to, and hear, such persons as the Court thinks fit.
[Section 134 amended: No. 42 of 2010 s. 157; No. 17 of 2024 s. 260, 261 and 353.]
135.Disposal of goods
Goods in respect of which an order is made under section 134 shall be dealt with as the Attorney General directs and, pending his direction, may be detained in such custody as the Supreme Court directs.
[Section 135 amended: No. 57 of 1997 s. 94.]
136.Time for bringing proceedings for offences
Proceedings in respect of an offence against this Act may be brought at any time.
[Section 136 amended: No. 13 of 2005 s. 46(2).]
137.Judicial notice
(1)All courts shall take judicial notice of the signature of a person who is, or has been, the Minister or a delegate of the Minister and of the fact that that person is, or has been, the Minister or a delegate of the Minister.
(2)In this section, court includes all persons authorised by the law of the State or by consent of parties to receive evidence.
137A.Evidentiary matters
(1)In a proceeding for an offence against this Act an averment in the charge of the offence of any of the following is taken to be proved in the absence of evidence to the contrary —
(a)that at a particular time a particular operation was a petroleum operation or a GHG operation;
(b)that at a particular time a particular person was the operator of a petroleum operation or a GHG operation;
(c)that at a particular time a particular person was in control of a particular part of a petroleum operation or a GHG operation;
(d)that at a particular time a particular person was an employer who carried on a petroleum operation or a GHG operation;
(e)that at a particular time a particular person was an employer of a particular person or particular persons engaged in a petroleum operation or a GHG operation;
(f)that at a particular time a particular person was an employee or inspector.
(2)In a proceeding for an offence against this Act, proof is not required as to any of the following matters, unless evidence is given to the contrary —
(a)a delegation under section 16 by the Minister of a power, function or duty;
(b)the authority of any person to institute a proceeding for an offence against this Act.
[(c)deleted]
(3)In a proceeding for an offence against this Act, production of a copy of —
(a)a code of practice; or
(b)an Australian Standard; or
(c)an Australian/New Zealand Standard,
purporting to be certified by the CEO to be a true copy as at any date or during any period is, without proof of the signature of the CEO, sufficient evidence of the contents of the code of practice or Standard as at that date or during that period.
(4)In subsection (3) —
Australian Standard means a document having that title published by Standards Australia;
Australian/New Zealand Standard means a document having that title jointly published by Standards Australia and the Standards Council of New Zealand;
CEO means the chief executive officer of the Department.
[Section 137A inserted: No. 13 of 2005 s. 43; amended: No. 57 of 2011 s. 7; No. 17 of 2014 s. 7; No. 36 of 2020 s. 340; No. 17 of 2024 s. 247, 260 and 354.]
138.Service
(1)A document required or permitted by this Act to be served on a person other than the Minister or a corporation must be served —
(a)by delivering the document to that person personally; or
(b)by prepaying and posting the document as a letter addressed to that person at his last known place of residence or business or, if he is carrying on business at 2 or more places, at 1 of those places; or
(c)by leaving the document at the last known place of residence of that person with some person apparently a resident of that place and apparently not less than 16 years of age; or
(d)by leaving the document at the last known place of business of that person, or if he is carrying on business at 2 or more places, at 1 of those places, with some person apparently in the service of that person and apparently not less than 16 years of age; or
(e)by sending the document by electronic means in the manner prescribed by the regulations.
(2)A document required or permitted by this Act to be served on the Minister must be served —
(a)by prepaying and posting the document as a letter addressed to the Minister at a place of business of the Minister; or
(b)by leaving it at a place of business of the Minister with some person apparently employed in connection with the business of the Minister and apparently not less than 16 years of age; or
(c)by sending the document by electronic means in the manner prescribed by the regulations.
(3)A document required by this Act to be served upon a person, being a corporation, must be served —
(a)by prepaying and posting the document as a letter addressed to the corporation at its last known place of business or, if it is carrying on business at 2 or more places, at 1 of those places; or
(b)by leaving it at that place, or at 1 of those places, with some person apparently in the service of the corporation and apparently not less than 16 years of age; or
(c)by sending the document by electronic means in the manner prescribed by the regulations.
(4)Regulations may provide for the time at which documents sent by electronic means in accordance with this section are taken to have been served.
(5)This section applies subject to any regulations made under section 152(1A).
(6)This section does not limit any power of the Minister under another provision of this Act to approve a manner in which something must be done.
[Section 138 amended: No. 17 of 2024 s. 248 and 261.]
138A.Service of documents on 2 or more permittees etc.
(1)Where there are 2 or more registered holders of a title or special prospecting authority, those registered holders shall, by notice in writing signed by each of them and served on the Minister, nominate one of the registered holders as being the person on whom documents relating to the title or special prospecting authority that are required or permitted by this Act to be served may be served.
(2)Subject to subsections (3) and (4), where —
(a)a document relating to a title or special prospecting authority is required or permitted by this Act to be served on the registered holder; and
(b)there are 2 or more registered holders of the title or special prospecting authority; and
(c)the document is served on a person in respect of whom a nomination under subsection (1) is in force in relation to the title or special prospecting authority,
the document shall be deemed to have been served on each of those registered holders.
(a)a person has been nominated under subsection (1) in relation to a title or special prospecting authority; and
(b)one of the registered holders of the title or special prospecting authority, by notice in writing served on the Minister, revokes that nomination,
that nomination ceases to be in force and the registered holders of the title or special prospecting authority shall forthwith make a fresh nomination under subsection (1) in relation to the title or special prospecting authority.
(a)a person has been nominated under subsection (1) in relation to a title or special prospecting authority; and
(b)the person so nominated ceases to be one of the registered holders of the title or special prospecting authority,
that nomination ceases to be in force and, if 2 or more registered holders of the title or special prospecting authority remain, those holders shall forthwith make a fresh nomination under subsection (1) in relation to the title or special prospecting authority.
(5)In this section, title means a permit, lease, licence, infrastructure licence, pipeline licence or access authority.
[Section 138A inserted: No. 12 of 1990 s. 237; amended: No. 42 of 2010 s. 158.]
Division 7 — Fees and royalties
139.Permit fees
There is payable to the Minister by a permittee in respect of each year of the term of the permit —
(a)the prescribed minimum fee; or
(b)a fee calculated at the prescribed rate for each of the blocks to which the permit relates at the commencement of that year,
whichever is the greater.
[Section 139 amended: No. 12 of 1990 s. 238.]
139A.Lease fees
There is payable to the Minister by a lessee, in respect of each year of the term of the lease, a fee calculated at the prescribed rate for each of the blocks to which the lease relates at the commencement of that year.
[Section 139A inserted: No. 12 of 1990 s. 239.]
140.Licence fees
There is payable to the Minister by a licensee, in respect of each year of the term of the licence, a fee calculated at the prescribed rate for each of the blocks to which the licence relates at the commencement of that year.
[Section 140 amended: No. 12 of 1990 s. 240.]
141A.Infrastructure licence fees
There is payable to the Minister by an infrastructure licensee, in respect of each year of the term of the infrastructure licence, a fee specified in, or calculated in accordance with, the regulations.
[Section 141A inserted: No. 42 of 2010 s. 159.]
141.Pipeline licence fees
There is payable to the Minister by a pipeline licensee, in respect of each year of the term of the pipeline licence, a prescribed fee in respect of each kilometre or portion of a kilometre of the length of the pipeline at the commencement of that year.
[Section 141 amended: No. 12 of 1990 s. 241.]
142.Time of payment of fees
A fee under section 139, 139A, 140, 141A or 141 is payable within 1 month after —
(a)in the case of the first year of the term of the permit, lease, licence, infrastructure licence or pipeline licence, the day on which that term commenced; and
(b)in the case of a year of the term of the permit, lease, licence, infrastructure licence or pipeline licence other than the first, the anniversary of that day.
[Section 142 amended: No. 12 of 1990 s. 242; No. 42 of 2010 s. 160; No. 17 of 2024 s. 249 and 261.]
143.Royalty
(1)A petroleum exploration permit, petroleum retention lease or petroleum production licence is subject to a condition that the petroleum permittee, petroleum lessee or petroleum licensee must, subject to this section, pay to the Minister a royalty at the prescribed rate in respect of all petroleum or regulated substances recovered by the petroleum permittee, petroleum lessee or petroleum licensee in the petroleum permit area, petroleum lease area or petroleum licence area.
(2)Subject to the succeeding provisions of this section and the provisions of section 144, the prescribed rate in respect of petroleum or a regulated substance recovered under a petroleum exploration permit, petroleum retention lease or petroleum production licence is 10% of the royalty value of the petroleum or regulated substance.
(3)The prescribed rate in respect of petroleum or a regulated substance recovered under a secondary licence is the percentage determined by the Minister in pursuance of section 42(1) in respect of petroleum or a regulated substance so recovered.
(4)Where a secondary licence is granted to the holder of a primary licence, the prescribed rate in respect of petroleum or a regulated substance recovered under the primary licence is, as from the commencement of the next royalty period after the day from which the secondary licence has effect, the same percentage as is applicable in respect of petroleum or a regulated substance recovered under the secondary licence.
(a)a licence is granted on an application under section 47; and
(b)the instrument served on the applicant under section 49 contains a statement that the applicant will be required to pay, in respect of petroleum or a regulated substance recovered under that licence, royalty at the rate specified in that statement,
the prescribed rate in respect of petroleum or a regulated substance recovered under that licence is the percentage specified in that statement.
(6)Where a licence is granted on an application under section 51(1), the prescribed rate in respect of petroleum or a regulated substance recovered under that licence is the same percentage as was applicable in respect of petroleum or a regulated substance recovered under the original licence as defined by that subsection.
(7)The prescribed rate in respect of petroleum or a regulated substance recovered in the licence area referred to in a petroleum production licence granted by way of renewal of a licence is the percentage that would be the prescribed rate if the licence so granted were the continuation in force of the previous licence.
(8)A reference in this section or in a petroleum exploration permit, petroleum retention lease or petroleum production licence to royalty at the prescribed rate or royalty at the rate that is for the time being the prescribed rate must be read as a reference to royalty at the rate that is or was the prescribed rate applicable in accordance with the provisions of this Act as in force from time to time.
[Section 143 amended: No. 12 of 1990 s. 243; No. 11 of 1994 s. 9; No. 17 of 2024 s. 260, 261 and 355.]
144.Reduction of royalty in certain cases
(1)Where the Minister is satisfied that the rate of recovery of petroleum or a regulated substance from a well has become so reduced that, having regard to the rate or rates of royalty applicable under section 143, further recovery of petroleum or a regulated substance from that well would be uneconomic, the Minister may, by instrument in writing determine that the royalty in respect of all or any of the petroleum or regulated substance recovered from that well on or after a date specified in the determination must be at such rate (being a rate lower than the rate that would be applicable under section 143) as the Minister specifies.
(2)The prescribed rate in respect of petroleum or a regulated substance to which a determination under subsection (1) is applicable is the rate specified in the determination.
(3)The Minister may, by instrument in writing, revoke or vary a determination under subsection (1) and the revocation or variation applies to petroleum or a regulated substance recovered on or after such date as is specified in the instrument.
[Section 144 amended: No. 17 of 2024 s. 260 and 261.]
145.Royalty not payable in certain cases
(1)Royalty under this Act —
(a)is not payable in respect of petroleum or a regulated substance that the Minister is satisfied was unavoidably lost before the quantity of that petroleum or regulated substance was ascertained; and
(b)is not payable in respect of petroleum or a regulated substance that is used by the petroleum permittee, petroleum lessee or petroleum licensee, as approved by the Minister, for the purposes of petroleum operations; and
(c)is not payable in respect of petroleum or a regulated substance that, with the approval of the Minister, is flared or vented in connection with operations for the recovery of petroleum or a regulated substance.
(2)Where petroleum that has been recovered by a petroleum permittee, petroleum lessee or petroleum licensee is, with the approval of the Minister, returned to a natural reservoir, royalty under this Act is not payable in respect of that petroleum by reason of that recovery but this subsection does not affect the liability of that or any other petroleum permittee, petroleum lessee or petroleum licensee to pay royalty in respect of petroleum that is recovered from that natural reservoir.
(3)Where petroleum that has been recovered by a petroleum permittee, petroleum lessee or petroleum licensee is, in accordance with an authorisation referred to in the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 section 67(2), injected into a natural reservoir for the purpose of storage and subsequent recovery, royalty under this Act is not payable in respect of that petroleum by reason of the initial recovery except as provided under that authorisation or regulations under section 67(2) of that Act.
[Section 145 amended: No. 12 of 1990 s. 244; No. 28 of 1994 s. 111; No. 35 of 2007 s. 104(3); No. 17 of 2024 s. 250, 260 and 356.]
145A.Royalty value
(1)For the purposes of this Act (but subject to subsection (2)) the royalty value of any petroleum or regulated substance is its value at the well‑head as agreed or determined under section 147.
(2)If, in relation to petroleum or a regulated substance recovered on or after 1 March 1994, the value at the well‑head of that petroleum or regulated substance as agreed or determined under section 147 is calculated in a way that provides for a reduction, discount, deduction or allowance to be made for federal duty that has been paid, is payable or may become payable, the royalty value of that petroleum or regulated substance is the sum of —
(a)its value at the well‑head as so calculated; and
(b)the amount of that reduction, discount, deduction or allowance.
(3)In subsection (2) federal duty means excise duty, or any other tax, duty, fee, levy or charge (except a tax, duty, fee, levy or charge of a kind excluded from this definition by the regulations) imposed by or under a law of the Commonwealth.
[Section 145A inserted: No. 11 of 1994 s. 10; amended: No. 17 of 2024 s. 260.]
146.Ascertainment of well‑head
For the purposes of this Act, the well‑head, in relation to any petroleum or regulated substance, is such valve station as is agreed between the petroleum permittee, petroleum lessee or petroleum licensee and the Minister or, in default of agreement within such period as the Minister allows, is such valve station as is determined by the Minister as being that well‑head.
[Section 146 amended: No. 12 of 1990 s. 245; No. 17 of 2024 s. 260 and 357.]
147.Ascertainment of value
For the purposes of this Act, the value at the well‑head of any petroleum or regulated substance is such amount as is agreed between the petroleum permittee, petroleum lessee or petroleum licensee and the Minister or, in default of agreement within such period as the Minister allows, is such amount as is determined by the Minister as being that value.
[Section 147 amended: No. 12 of 1990 s. 246; No. 17 of 2024 s. 260 and 358.]
148.Ascertainment of quantity of petroleum or regulated substance recovered
petroleum title holder means a petroleum permittee, petroleum lessee or petroleum licensee.
(2)For the purposes of this Act, the quantity of petroleum or a regulated substance recovered by a petroleum title holder during a period is taken to be —
(a)the quantity measured during the period by a measuring device approved by the Minister that is installed at the well‑head or at another place approved by the Minister; or
(b)the quantity determined by the Minister as being the quantity recovered by the petroleum title holder during the period.
(3)Without limiting subsection (2)(a), in the case of petroleum, the approved measuring device may be a measuring device installed in accordance with a condition imposed under section 70(3) or the Petroleum and Greenhouse Gas Pipelines Act 1969 section 12(2A).
(4)The Minister may approve a measuring device or place under subsection (2)(a) subject to conditions.
(5)The Minister’s power under subsection (2)(b) can be exercised only in the following cases —
(a)there is no approved measuring device installed as referred to in subsection (2)(a);
(b)there is an approved measuring device installed as referred to in subsection (2)(a) but the Minister is not satisfied that the quantity of petroleum or the regulated substance recovered by the petroleum title holder has been properly or accurately measured by the measuring device;
(c)there is an approved measuring device installed as referred to in subsection (2)(a) but the Minister is satisfied that there has been a contravention of a condition imposed under subsection (4) on the approval of the measuring device or of the place at which it is installed.
[Section 148 inserted: No. 17 of 2024 s. 251; amended: No. 17 of 2024 s. 359.]
149.Payment of royalty
Royalty under this Act in respect of petroleum or a regulated substance recovered during a royalty period is payable not later than the last day of the next succeeding royalty period.
[Section 149 amended: No. 17 of 2024 s. 260.]
150.Penalty for late payment
(1)If an amount of royalty under this Act is not paid under this Division at or before the time it is payable, an additional amount is payable to the Minister by the petroleum permittee, petroleum lessee or petroleum licensee calculated at the rate of one‑third of 1% per day on the amount of royalty from time to time remaining unpaid, to be computed from the time when the royalty became payable until it is paid.
(1A)If a fee under this Act is not paid under this Division at or before the time it is payable, an additional amount is payable to the Minister by the permittee, lessee, licensee, infrastructure licensee or pipeline licensee calculated at the rate of one‑third of 1% per day on the amount of the fee from time to time remaining unpaid, to be computed from the time when the fee became payable until it is paid.
(2)An additional amount in respect of royalty is not payable under subsection (1) in respect of any period before the expiration of 7 days after the value of the petroleum or regulated substance was agreed or determined under section 147.
[Section 150 amended: No. 12 of 1990 s. 248; No. 42 of 2010 s. 161; No. 17 of 2024 s. 260 and 360.]
151.Fees, royalties and penalties debts due to the State
(1)A fee or other amount (other than a royalty) payable under this Division is a debt due by the permittee, lessee, licensee, infrastructure licensee or pipeline licensee to the State and is recoverable in a court of competent jurisdiction.
(2)A royalty payable under this Division is a debt due by the petroleum permittee, petroleum lessee or petroleum licensee to the State and is recoverable in a court of competent jurisdiction.
[Section 151 amended: No. 12 of 1990 s. 249; No. 42 of 2010 s. 162; No. 17 of 2024 s. 361.]
[Part IIIA:Division 1 heading deleted: No. 57 of 2011 s. 8;
s. 151A deleted: No. 57 of 2011 s. 9;
s. 151B, 151D and 151E deleted: No. 36 of 2020 s. 341;
s. 151C deleted: No. 57 of 2011 s. 10;
Division 2 heading deleted: No. 57 of 2011 s. 11;
s. 151F, 151G deleted: No. 57 of 2011 s. 13;
Divisions 3-5 (s. 151H-151Q) deleted: No. 57 of 2011 s. 14.]
Part IVA — Release of information
152A.Terms used
In this Part, unless the contrary intention appears —
applicable document means —
(a)an application made after the commencement to the Minister under this Act; or
(b)a document accompanying an application so made; or
(c)a report relating to a block given after the commencement to the Minister under —
(i)this Act; or
(ii)regulations made for the purposes of section 123A;
commencement means the commencement of the Petroleum and Energy Legislation Amendment Act 2010 section 163;
documentary information means information contained in an applicable document;
mining sample means any of the following that has been given at any time, whether before or after the commencement, to the Minister —
(a)a core or cutting from, or a sample of, the seabed or subsoil;
(b)a sample of petroleum or a regulated substance recovered;
(c)a sample of fluid recovered (other than fluid petroleum or a regulated substance);
(d)a portion of that core, cutting or sample;
Minister of another jurisdiction means a Minister of the Commonwealth, a Minister of another State or a Minister of the Northern Territory.
[Section 152A inserted: No. 42 of 2010 s. 163; amended: No. 17 of 2024 s. 252, 260 and 362.]
Division 2 — Protection of confidentiality of information and samples
Subdivision 1 — Information and samples obtained by the Minister
152B.Protection of confidentiality of information obtained by the Minister
(1)This section restricts what the Minister may do with documentary information.
(2)The Minister shall not —
(a)make the information publicly known; or
(b)make the information available to a person (other than another Minister or a Minister of another jurisdiction),
[Section 152B inserted: No. 42 of 2010 s. 163.]
152C.Protection of confidentiality of samples obtained by the Minister
(1)This section restricts what the Minister may do with a mining sample.
(2)The Minister must not —
(a)make publicly known any details of the sample; or
(b)permit a person (other than another Minister or a Minister of another jurisdiction) to inspect the sample,
[Section 152C inserted: No. 42 of 2010 s. 163; amended: No. 17 of 2024 s. 261 and 363.]
152D.Information or samples obtained by Minister can be made available to certain persons
The Minister may make documentary information or a mining sample available to another Minister or a Minister of another jurisdiction.
[Section 152D inserted: No. 42 of 2010 s. 163; amended: No. 17 of 2024 s. 364.]
Subdivision 2 — Information and samples obtained by another Minister
152E.Protection of confidentiality of information obtained by another Minister
(1)This section restricts what a Minister may do with documentary information made available to that Minister under section 152D or 152G.
(2)The Minister shall not —
(a)make the information publicly known; or
(b)make the information available to a person (other than another Minister or a Minister of another jurisdiction),
[Section 152E inserted: No. 42 of 2010 s. 163.]
152F.Protection of confidentiality of samples obtained by another Minister
(1)This section restricts what a Minister may do with a mining sample made available to that Minister under section 152D or 152G.
(2)The Minister must not —
(a)make publicly known any details of the sample; or
(b)permit a person (other than another Minister or a Minister of another jurisdiction) to inspect the sample,
[Section 152F inserted: No. 42 of 2010 s. 163; amended: No. 17 of 2024 s. 261 and 365.]
152G.Information or samples obtained by another Minister can be made available to certain persons
A Minister to whom documentary information or a mining sample is made available under section 152D or this section may make the information or sample available to another Minister or a Minister of another jurisdiction.
[Section 152G inserted: No. 42 of 2010 s. 163; amended: No. 17 of 2024 s. 366.]
Subdivision 3 — Miscellaneous
152H.Fees
(1)This section applies to regulations made for the purposes of any of the following —
(a)section 152B(2)(c);
(b)section 152C(2)(c);
(c)section 152E(2)(c);
(d)section 152F(2)(c).
(2)The regulations may make provision for fees relating to —
(a)making information available to a person; or
(b)permitting a person to inspect a sample.
[Section 152H inserted: No. 42 of 2010 s. 163.]
Part IV — General
[Heading amended: No. 42 of 2010 s. 164.]
Division 1 — General
[Heading inserted: No. 17 of 2024 s. 253.]
152I.Certain things are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the following rights, entitlements or authorities are declared not to be personal property for the purposes of that Act —
(a)a petroleum exploration permit granted under section 22(4) or 27;
(b)a GHG exploration permit granted under section 22(4);
(c)a petroleum retention lease or GHG retention lease granted under section 38B(5) or 38CB(6);
(d)a petroleum production licence granted under section 44(2), 50 or 51(4);
(e)a GHG injection licence granted under section 44(2);
(f)an infrastructure licence granted under section 60E(3);
(g)a pipeline licence granted under section 65(2).
[Section 152I inserted: No. 42 of 2011 s. 91; amended: No. 17 of 2024 s. 367.]
Division 2 — Forms and regulations
[Heading inserted: No. 17 of 2024 s. 255.]
152J.Approved forms
(1)The Minister may approve forms that must be used for applications, notices and other documents under this Act.
Examples for this subsection:
1.If the Minister approves a form for a type of application, a person making an application of that type must use the approved form for the application.
2.If the Minister approves a form for a type of notice, a person giving a notice of that type must use the approved form for the notice.
(2)An approved form must be published on a website maintained by, or on behalf of, the Department.
[Section 152J inserted: No. 17 of 2024 s. 256.]
152.Regulations
(1)The Governor may make regulations not inconsistent with this Act prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1A)Without limiting subsection (1), the regulations may make provision for or in relation to the following —
(a)the giving of a document required or permitted to be given under this Act (including the giving of the document by electronic means);
(b)the time at which the document is taken to have been given;
(c)the means of satisfying a requirement under this Act in relation to a document in writing (for example, a requirement that the original of a document be given or that a document be signed) if the document is given by electronic means.
(1B)Subsection (1A) applies to a requirement or permission to give a document whether the term “give”, “send” or “serve”, or any other similar word or term, is used.
(2)Without limiting subsection (1), regulations may make provision for securing, regulating, controlling or restricting all or any of the following matters —
(a)the exploration for petroleum or a regulated substance and the carrying on of operations and the execution of works for that purpose;
(b)the recovery of petroleum or a regulated substance and the carrying on of operations and the execution of works for that purpose;
(ba)GHG operations;
(c)conserving and preventing the waste of the natural resources, whether petroleum or a regulated substance or otherwise, of the adjacent area;
(d)the construction and operation of pipelines, water lines, secondary lines, pumping stations, tank stations or valve stations and the carrying on of operations, and the execution of works, for any of those purposes;
(e)the construction, erection, maintenance, operation or use of installations, equipment or facilities;
(f)the control of the flow or discharge, and the prevention of the escape, of petroleum, a regulated substance, greenhouse gas substances, water or drilling fluid, or a mixture of water or drilling fluid with petroleum, a regulated substance or greenhouse gas substances or any other matter;
(g)the clean‑up or other remedying of the effects of the escape of petroleum, a regulated substance or greenhouse gas substances;
(h)the prevention of damage to strata bearing petroleum or a regulated substance, potential GHG storage formations or potential GHG injection sites in an area, whether in the adjacent area or not, in respect of which a permit, lease or licence is not in force;
(i)the keeping separate of —
(i)each resources pool discovered in a permit area, lease area or licence area; and
(ii)each source of water discovered in a permit area, lease area or licence area;
(j)the prevention of water or other matter from entering a resources pool through wells;
(k)the prevention of the waste or escape of petroleum, a regulated substance or water from a pipeline, water line, secondary line, pumping station, tank station or valve station;
(la)the preparation, submission and approval of environment plans;
(lb)the prohibition of the doing of an act or thing otherwise than in accordance with an approved environment plan;
(lc)the responsibilities of a permittee, lessee, licensee or holder of a special prospecting authority or access authority as to authorising, or obtaining authorisation for, the release of documentary information as defined in section 152A;
(l)the maintaining in good condition and repair of all structures, equipment and other property in the adjacent area used or intended to be used for or in connection with any of the following operations in that area —
(i)petroleum or regulated substance exploration operations;
(ii)petroleum or regulated substance recovery operations;
(iii)operations relating to the processing or storage of petroleum or a regulated substance;
(iv)operations relating to the preparation of petroleum or a regulated substance for transport;
(v)operations connected with the construction or operation of a pipeline;
(laa)the maintaining in good condition and repair of all structures, equipment and other property used or intended to be used for or in connection with GHG operations in the adjacent area;
(m)the removal from the adjacent area of structures, equipment and other property brought into that area for use in connection with an operation in that area of a kind mentioned in paragraph (l) that are not so used or intended to be so used;
(ma)the removal from the adjacent area of structures, equipment and other property brought into that area for or in connection with GHG operations that are not used or intended to be used in connection with GHG operations in the adjacent area;
(n)fees in relation to petroleum operations, GHG operations, audits or other services provided by the Minister;
(o)any transitional matter arising out of the amendments made to this Act by the Petroleum Legislation Amendment and Repeal Act 2005.
(2a)The regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a code of practice or standard contained in an instrument (including an instrument issued or made outside Australia), as in force or existing at the time when the regulations take effect or as in force or existing from time to time, being a code of practice or standard that is relevant to that matter.
(2b)Regulations under this section may prohibit the doing of an act or thing either unconditionally or subject to conditions, including conditions requiring the grant, as prescribed by the regulations, of the consent or approval of a person specified in the regulations.
(2c)Regulations under this section may adopt or apply, with or without modification, any regulation made under the Commonwealth Act, the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 or the Petroleum and Greenhouse Gas Pipelines Act 1969, that is in force or existing at the time when the regulations under this section take effect or as in force or existing from time to time.
[(3)deleted]
(4)The regulations may provide that a contravention or failure to comply with a regulation constitutes an offence, and for the imposition of —
(a)a fine not exceeding $10 000; or
(b)a fine not exceeding that amount for each day on which the offence occurs,
for offences against the regulations.
[Section 152 amended: No. 12 of 1990 s. 250; No. 13 of 2005 s. 45; No. 35 of 2007 s. 104(4); No. 42 of 2010 s. 165; No. 36 of 2020 s. 342; No. 17 of 2024 s. 257, 259, 260 and 368.]
153.Transitional provisions (Sch. 3)
publication day means the day on which transitional regulations are published in accordance with the Interpretation Act 1984 section 41(1)(a);
specified means specified or described in transitional regulations;
transitional matter means a matter of a transitional, savings or application nature;
transitional regulations means regulations under subsection (3).
(2)Schedule 3 contains provisions relating to transitional matters.
(3)Regulations may prescribe anything required, necessary or convenient to be prescribed in relation to a transitional matter in connection with —
(a)amendments made to this Act by another Act (the amending Act); or
(b)amendments made to another written law by the amending Act that, wholly or partly, are consequential on, or otherwise connected with, amendments referred to in paragraph (a).
(4)Without limiting subsection (3), transitional regulations may provide for specified provisions of this Act or another written law —
(a)not to apply to, or in relation to, a specified matter or thing; or
(b)to apply with specified modifications to, or in relation to, a specified matter or thing.
(5)If transitional regulations provide that a state of affairs is to be taken to have existed, or not to have existed, on and from a day (the operative day) that is earlier than publication day, the regulations have effect according to their terms as long as the operative day is not earlier than the day on which the amending Act receives the Royal Assent.
(6)If transitional regulations contain a provision referred to in subsection (5), the provision does not operate so as to —
(a)affect in a manner prejudicial to any person (other than the State), the rights of that person existing before publication day; or
(b)impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before publication day.
(7)The Interpretation Act 1984 applies in relation to an amendment made by the amending Act subject to Schedule 3 and transitional regulations.
[Section 153 inserted: No. 42 of 2010 s. 166; amended: No. 17 of 2024 s. 258.]