Petroleum Legislation Amendment Act 2017 Pt. 2 7 of 2017 14 Sep 2017 15 Nov 2017 (see s. 2(b) and Gazette 14 Nov 2017 p. 5597)
Work Health and Safety Act 2020 Pt. 15 Div. 3 Subdiv. 1 36 of 2020 10 Nov 2020 31 Mar 2022 (see s. 2(1)(c) and SL 2022/18 cl. 2)
Land and Public Works Legislation Amendment Act 2023 Pt. 4 Div. 10 4 of 2023 24 Mar 2023 10 Aug 2023 (see s. 2(b) and SL 2023/132 cl. 2)
Petroleum Legislation Amendment Act 2024 Pt. 2 (other than s. 17, 33, 34(2), 42(1) and (3), 54, 59(2) and (3)) 17 of 2024 14 May 2024 28 May 2026 (see s. 2(b) and SL 2026/70 cl. 2)
Uncommenced provisions table
To view the text of the uncommenced provisions see Acts as passed on the WA legislation website.
Short title
Number and year
Assent
Commencement
Native Title (State Provisions) Act 1999 Sch. 2 Div. 7
60 of 1999
10 Jan 2000
s. 7.3 operative on earliest of commencement of Pt. 2 (except s. 2.2), Pt. 3 (except s. 3.1) and Pt. 4
Petroleum Legislation Amendment Act 2024 s. 17, 33, 34(2), 42(1) and (3), 54, 59(2) and (3))
17 of 2024
14 May 2024
To be proclaimed (see s. 2(b))
Other notes
1The Petroleum Act 1936 was repealed by this Act, s. 3.
2The Interpretation Act 1918 was repealed by the Interpretation Act 1984.
3The amendment in the Petroleum Safety Act 1999 s. 92 is not included as it was deleted by the Petroleum Legislation Amendment and Repeal Act 2005 s. 51 before it came into operation.
4Footnote no longer required.
5The Schedule to the Metric Conversion Act 1972 was redesignated as the First Schedule by the Metric Conversion Act Amendment Act 1973.
6The Acts Amendment (Mining) Act 1981 s. 34(2) and (3) are transitional provisions that are of no further effect.
7The Acts Amendment (Petroleum) Act 1990 s. 26(2) reads as follows:
(2)A permit granted before the commencement of this section is not invalidated by reason of any error that may have occurred in specifying the date of commencement of the permit and the term of such a permit shall be deemed to have commenced on the day of commencement specified in it.
8The Acts Amendment (Petroleum) Act 1990 s. 32(2)‑(6) read as follows:
Section 15 - Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 - Jan 2016 (includes amendments listed above) | Zoe
(2)Where —
(a)at the commencement of this section, a nomination has been made under section 46 of the principal Act; and
(b)at that commencement, a declaration had not been made under section 47 of the principal Act as a result of the making of the nomination,
sections 46, 47 and 48 of the principal Act, as in force immediately before the commencement of this section, continue to have effect in relation to that nomination and the block or blocks that would be affected by a declaration as if this Act had not been enacted.
(3)A declaration made under section 47 of the principal Act as continued in force by subsection (2) has effect, and the principal Act, as amended by this Act, applies to the declaration, as if the declaration had been made under that section as amended by this Act.
(4)A declaration in force under section 47 of the principal Act immediately before the commencement of this section has effect after that commencement as if it were a declaration under section 47 of the principal Act, as amended by this Act.
(5)Where —
(a)the permittee under a permit granted before the commencement of this section applies under section 50 of the principal Act, as amended by this Act, for a licence;
(b)the location that includes the block or blocks to which the application relates was declared under section 47 of the principal Act, as amended by this Act;
(c)the location consists of not more than 8 blocks;
(d)the Minister notifies the applicant in writing that, in his opinion, the number of blocks specified in the notification represents the maximum number of blocks that the applicant would have been entitled to have declared as a location instead of the block or blocks constituting the location referred to in paragraph (b) if this Act had not been enacted; and
(e)the number of blocks specified in the notification exceeds the number of blocks in the location referred to in paragraph (b),
section 50(1) of the principal Act, as amended by this Act, applies as if the firstmentioned location were constituted by the number of blocks specified in the notification referred to in paragraph (d).
(a)a lessee under a lease of a block or blocks for which a permit was granted before the commencement of this section applies under section 50A of the principal Act, as amended by this Act, for a licence;
(b)the location that includes the block or blocks to which the application relates was declared under section 47 of the principal Act, as amended by this Act;
(c)the location consists of not more than 8 blocks;
(d)the Minister notifies the applicant in writing that, in his opinion, the number of blocks specified in the notification represents the maximum number of blocks that the applicant would have been entitled to have declared as a location instead of the block or blocks constituting the location referred to in paragraph (b) if this Act had not been enacted; and
(e)the number of blocks specified in the notification exceeds the number of blocks in the location referred to in paragraph (b),
section 50A(2) of the principal Act, as amended by this Act, applies as if the lease were in respect of the number of blocks specified in the notification referred to in paragraph (d).
9The Acts Amendment (Petroleum) Act 1990 s. 42(2) reads as follows:
(2)The revocation, under section 56(3) of the principal Act, of a declaration in respect of a location shall be deemed not to have affected the validity of a licence granted under the principal Act in respect of any block forming part of that location.
10The Acts Amendment (Petroleum) Act 1990 s. 48(2) reads as follows:
(2)A licence granted before the commencement of this section is not invalidated by reason of any error that may have occurred in specifying the date of commencement of the licence and the term of such a licence shall be deemed to have commenced on the date of commencement specified in it.
11The Acts Amendment (Petroleum) Act 1990 s. 56(2), (3) and (4) read as follows:
(2)Section 72 of the principal Act as amended by this Act applies in relation to applications for approval of transfers of permits, licences or access authorities lodged after the commencement of this section.
(3)Notwithstanding the repeal of section 72 of the principal Act effected by subsection (1), that section continues to apply in relation to applications for approval of transfers of permits, licences or access authorities lodged before the commencement of this section.
(4)A transfer approved and registered under section 72 of the principal Act shall be deemed to have been approved and registered under section 72 of the principal Act as amended by this Act.
12The Acts Amendment (Petroleum) Act 1990 s. 58(2)‑(7) read as follows:
(2)Subject to this section, sections 75 and 75A of the principal Act as amended by this Act apply in relation to dealings evidenced by instruments executed after the commencement of this section.
(3)A party to an instrument to which section 75 of the principal Act applied, being an instrument that had not been approved under that section of that Act, may, if the instrument evidences a dealing —
(a)to which section 75 of the principal Act as amended by this Act would, if the instrument had been executed after the commencement of this section, apply; and
(b)that relates to a permit, licence or access authority that was in existence at the time of execution of the instrument,
make an application in writing, within 12 months after the commencement of this section, to the Minister for approval of the dealing.
(a)before the commencement of this section, 2 or more persons entered into a dealing relating to a permit, licence or access authority that was not in existence at the time of execution of the instrument evidencing the dealing;
(b)that dealing would, if the instrument evidencing the dealing had been executed after the commencement of this section, be a dealing referred to in section 75A(1) of the principal Act as amended by this Act; and
(c)that permit, licence or access authority has come, or comes, into existence,
a party to the dealing may make an application in writing within —
(d)in a case where that permit, licence or access authority came into existence before the commencement of this section, 12 months after that commencement; or
(e)in any other case, 3 months after that permit, licence or access authority comes into existence,
to the Minister for approval of the dealing.
(5)Section 75 of the principal Act as amended by this Act (other than subsections (5) and (6) of that section) applies to a dealing in respect of which an application is made under subsection (3) or (4) of this section.
(6)If, when the first regulations made for the purposes of section 75(4)(b) of the principal Act, as amended by this Act, take effect, an application for approval of a dealing has been made but the Minister has neither approved nor refused to approve the dealing —
(a)the Minister shall give to the applicant written notice that the applicant is entitled to lodge an instrument for the purpose of section 75(4)(b) in relation to the application;
(b)the applicant may lodge an instrument for the purpose of section 75(4)(b);
(c)the application shall not be dealt with by the Minister until after the end of 30 days after the day on which notice is given for the purpose of paragraph (a); and
(d)where the applicant lodges an instrument under paragraph (b), the applicant shall lodge with the instrument 2 copies of the instrument.
(7)An instrument lodged under subsection (6) shall be taken, for the purposes of section 75(13) of the principal Act, as amended by this Act, to have accompanied the application when the application was lodged.
13The Acts Amendment (Petroleum) Act 1990 s. 76(2) and (3) read as follows:
(2)A direction in force under section 95 of the principal Act immediately before the commencement of this section shall, after that commencement, continue to apply to the person or persons to whom it applied before that commencement as if it were a direction under section 95 of the principal Act as amended by this Act.
(3)A registered holder is not required by section 95(2a) of the principal Act as amended by this Act to cause a copy of a direction to which subsection (2) applies to be given to another person or to cause a copy of such a direction to be exhibited at a place frequented by that other person if the direction or a copy of the direction was served, within the meaning of the principal Act, on the person before the commencement of this section.
14The Acts Amendment (Petroleum) Act 1994 s. 14(2), (3) and (4) read as follows:
(2)Where a permit referred to in section 39(a) of the principal Act is in force at the commencement of this section, the registered holder of the permit may apply to the Minister for the term of that permit to be extended from 5 years to 6 years and that application shall —
(a)be in accordance with a form approved by the Minister;
(b)be accompanied by the particulars set out in section 31(1)(d)(i) of the principal Act relevant to the year that the application is in respect of; and
(c)set out any other matters that the applicant wishes the Minister to consider, or that the Minister requests, in connection with the application.
(3)By instrument in writing served on a person who has made an application under subsection (2) the Minister shall inform that person —
(a)that the Minister is prepared to extend the term of the permit, and the instrument shall contain a summary of any conditions subject to which the extension is to be granted; or
(b)that the Minister has refused to extend the term of the permit.
(4)The Minister shall grant to an applicant on whom there has been served an instrument under subsection (3)(a) the extension referred to in the instrument if the applicant requests the Minister to do so by instrument in writing served on the Minister within one month after the service on the applicant of the instrument under subsection (3)(a).
15The Acts Amendment (Petroleum) Act 1994 s. 16(2) reads as follows:
(2)Section 41 of the principal Act as in force immediately before the commencement of this section continues to have effect in relation to the renewal of all permits in force at the commencement of this section, other than those permits in respect of which an extension from 5 years to 6 years has been granted under section 14 of this Act, in which case section 41 of the principal Act as amended by this section applies.
16The Acts Amendment (Petroleum) Act 1994 s. 55(2) reads as follows:
(2)Notwithstanding the repeal of section 134B of the principal Act, Part III of the principal Act continues to apply to and in relation to a licence granted on an application made under that section.
17The Acts Amendment (Mining and Petroleum) Act 1999 s. 23(2) and (3) read as follows:
(2)Section 15A as inserted into the Petroleum Act 1967 by subsection (1) does not prohibit operations being carried out under the authority of —
(a)a relevant licence on land that immediately before the commencement of section 22 was declared under section 15(2) of that Act to be Crown land and land to which that Act applied; or
(b)the Barrow Island lease.
(3)In subsection (2) —
Barrow Island lease has the meaning given in section 128 of the Petroleum Act 1967;
relevant licence means a production licence for petroleum in force under Part III of the Petroleum Act 1967 immediately before the commencement of this section.
18The Acts Amendment (Mining and Petroleum) Act 1999 s. 26(5) reads as follows:
(5)Despite the amendments made by this section, section 43F of the Petroleum Act 1967 continues to apply to and in relation to the extension of a drilling reservation in force on the commencement of this section.
19The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.
20Now known as the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967; short title changed (see note under s. 1).
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
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