Petroleum, Geothermal Energy and Greenhouse Gas Storage Regulations 1987
In ForceWA
Jurisdiction
Western Australia
Collection
regulation
Plain English Summary
6/10 complexity
These regulations set administrative rules for Western Australia’s petroleum, geothermal energy and greenhouse gas storage framework. They prescribe fees, transfer and dealing information, service and lodgment methods, deadlines for certain private-land damage claims, and technical mapping datums. Transitional rules explain how specified 2024 Act amendments apply to existing matters. The rules affect title holders, applicants and others dealing with regulated operations. This is general legal information, not legal advice; Zoe can make mistakes, so have a qualified Australian lawyer check it before relying on it.
The Petroleum, Geothermal Energy and Greenhouse Gas Storage Regulations 1987 are subordinate rules made for the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 (WA). They supply details that the Act leaves to regulations, including prescribed fees, service and lodgment arrangements, survey datums, and information required for certain dealings. They also contain transitional rules dealing with amendments made by the Petroleum Legislation Amendment Act 2024.
Mechanically, the regulations affect how particular steps under the Act are completed and administered. Regulation 2 fixes three-month periods for specified notices connected with operations on private land and resulting injury or damage. Regulations 6 and 7 establish electronic service and lodgment arrangements, including rules for when an email is taken to have been served and when an after-hours electronic lodgment is taken to have occurred. Schedule 1 sets fees against specified Act provisions. Regulation 3 also sets rates for particular Act purposes, including $149 per page under s 81(2), and rates of $919, $20,000 and $17,400 under ss 137(b), 137A and 138 respectively.
The regulations do not provide a complete account of the Act’s substantive title, operational, environmental or liability rules. Those provisions are referred to but are not reproduced here. In particular, the effect of a fee or filing rule depends on the relevant Act provision, which is not included in the supplied text. This note therefore describes the regulations and flags where the Act would be needed to understand the wider legal effect. No policy rationale is stated in the supplied regulation text, so this analysis focuses on the rules’ mechanisms, affected parties and administrative consequences.
Current sections
Direct links to the current provisions in Petroleum, Geothermal Energy and Greenhouse Gas Storage Regulations 1987.
19
1
Citation
1.Citation
These regulations are the Petroleum, Geothermal Energy and Greenhouse Gas Storage Regulations 1987.
[Regulation 1 inserted: SL 2026/82 r. 17.]
1A
Terms used
1A.Terms used
In these regulations —
AGD means the Australian Geodetic Datum referred to in regulation 11;
document, in relation to service and lodgment —
(a)means an application, a form, an instrument, a nomination, a notice or a submission; and
(b)includes any other record of information with respect to a geothermal energy operation, a GHG operation and a petroleum operation;
GDA means the Geocentric Datum of Australia 1994 referred to in regulation 9.
[Regulation 1A inserted: Gazette 15 Dec 2000 p. 7213; amended: SL 2025/172 r. 14; SL 2026/82 r. 18.]
1B
Additives to petroleum
1B.Additives to petroleum
For the purpose of paragraph (b)(ii) of the definition of petroleum in section 5(1) of the Act, a substance to assist the recovery of petroleum, or of a regulated substance, is prescribed.
[Regulation 1B inserted: SL 2026/82 r. 19.]
2
Time prescribed (Act s. 17(4))
2.Time prescribed (Act s. 17(4))
The prescribed time for the purposes of section 17(4) of the Act is —
(a)under section 17, 3 months from the day that the permittee, holder of the drilling reservation, lessee or licensee gives notice to the owner or occupier that the permittee, holder of the drilling reservation, lessee or licensee intends to commence operations on the private land; and
(b)under section 18, 3 months from the day that the owner or occupier of the private land adjoining or in the vicinity of the land comprised in any permit, drilling reservation, lease or licence affected by the operations gives notice to the permittee, holder of the drilling reservation, lessee or licensee that the private land or improvements thereon has or have been injured or depreciated in value by the operations; and
(c)under section 19, 3 months from the day that the owner or occupier of the private land gives notice to the permittee, holder of the drilling reservation, lessee or licensee that operations have caused further damage to the surface or to any improvements on the private land.
[Regulation 2 amended: Gazette 28 Sep 1990 p. 5100; 23 Jun 2009 p. 2471‑2.]
3
Fees and rates prescribed
3.Fees and rates prescribed
(1)For the purposes of a provision of the Act specified in Column 2 of Schedule 1, the prescribed fee is the amount specified in Column 3 of that Schedule opposite to that provision.
(2)For the purposes of section 81(2) of the Act, the prescribed rate is a rate of $149.00 per page.
[(3)‑(5)deleted]
(6)For the purposes of section 137(b) of the Act, the prescribed rate is a rate of $919.00.
(7)For the purposes of section 137A of the Act, the prescribed rate is a rate of $20 000.00.
(8)For the purposes of section 138 of the Act, the prescribed rate is a rate of $17 400.00.
[Regulation 3 inserted: Gazette 28 Sep 1990 p. 5100‑1; amended: Gazette 22 Jul 1994 p. 3780; 27 Jun 2000 p. 3252; 28 Jun 2002 p. 3090-1; 28 Feb 2003 p. 669-70; 23 Jun 2009 p. 2472; 9 Feb 2010 p. 271; 11 May 2010 p. 1817; 16 Jul 2010 p. 3358; 1 Jul 2011 p. 2734‑5; 12 Jun 2012 p. 2463; 25 Feb 2014 p. 499; 17 Jun 2014 p. 1982; 30 Jun 2015 p. 2344 and 2347; 24 Jun 2016 p. 2332; 23 Jun 2017 p. 3305; 25 Jun 2018 p. 2320; 18 Jun 2019 p. 2053; SL 2020/93 r. 14; SL 2021/85 r. 27.]
[3A.Deleted: Gazette 23 Jun 2009 p. 2472.]
4
Form of instrument of transfer approved (Act s. 72(3)(a))
4.Form of instrument of transfer approved (Act s. 72(3)(a))
For the purposes of section 72(3)(a) of the Act, the approved form of an instrument of transfer is the form set out in Schedule 2.
[Regulation 4 inserted: Gazette 28 Sep 1990 p. 5101; amended: SL 2026/82 r. 20.]
5
Particulars prescribed (Act s. 75(4)(b))
5.Particulars prescribed (Act s. 75(4)(b))
(1)For the purposes of section 75(4)(b) of the Act, the following particulars are prescribed —
(a)description and date of execution of the instrument evidencing the dealing referred to in section 75(4)(a) of the Act (in this subregulation referred to as the dealing);
(b)details of the title (including the type and number of the title) to which the dealing relates;
(c)full name and business address of each party to the dealing;
(d)details of the effect or effects, on registration, of the dealing specified in the relevant paragraph or paragraphs of section 75(1) of the Act;
(e)details of the interest or interests in the title of all parties to the dealing —
(i)before the registration of the dealing; and
(ii)in the event of approval of the dealing, after the registration of the dealing;
(f)in the case of a dealing to which section 4(5)(a) of the Petroleum, Geothermal Energy and Greenhouse Gas Storage (Registration Fees) Act 1967 applies, the value of the consideration;
(g)in the case of a dealing relating to an interest in a licence to which section 4(5)(b) of the Petroleum, Geothermal Energy and Greenhouse Gas Storage (Registration Fees) Act 1967 applies, the value of the interest;
(h)whether or not the parties to the dealing have made or propose to make an application for the purposes of section 4(7) of the Petroleum, Geothermal Energy and Greenhouse Gas Storage (Registration Fees) Act 1967;
(j)in respect of any related dealing in relation to which an entry has been made in the Register or an application in writing for approval by the Minister has been lodged (whether before or after the day fixed under section 2(1) of the Acts Amendment (Petroleum) Act 1990 1) —
(i)description and date of execution of the instrument evidencing the dealing; and
(ii)date of approval by the Minister (if appropriate); and
(iii)registration number (if any).
(2)In subregulation (1) —
related dealing means any dealing executed, before the execution of the instrument evidencing the dealing referred to in subregulation (1)(a), by some or all of the parties to that instrument —
(a)that affects the title which is the subject of the dealing to which the instrument referred to in subregulation (1)(a) relates; and
(b)that —
(i)creates or assigns an option to enter into the dealing referred to in subregulation (1)(a); or
(ii)creates or assigns a right to enter into the dealing referred to in subregulation (1)(a); or
(iii)is altered or terminated by the dealing referred to in subregulation (1)(a),
and includes any transaction in respect of which an instrument was registered under section 75 of the Act before the day fixed under section 2(1) of the Acts Amendment (Petroleum) Act 1990 1.
[Regulation 5 inserted: Gazette 28 Sep 1990 p. 5101‑2; amended: Gazette 23 Jun 2009 p. 2472; SL 2026/82 r. 21.]
6
Service of documents
6.Service of documents
(1)A registered holder must provide an email address for the service of documents by electronic means.
(2)If the Minister is required to serve a document on the registered holder, the Minister may serve the document as an email attachment to the email address provided by the registered holder.
(3)A document served by email on a registered holder is taken to have been served —
(a)if it is sent before 4.30 pm on a working day — on that day; or
(b)otherwise — on the next working day.
[Regulation 6 inserted: SL 2026/82 r. 22.]
7
Lodging documents through Department’s website
7.Lodging documents through Department’s website
(1)A document that is required under the Act to be lodged may be lodged as an electronic version by means of the Department’s website.
(2)A document that is lodged electronically after 4.30 pm on a working day and before 8.30 am on the next working day is taken to have been lodged at 8.30 am on that next working day.
(3)The Minister may at any time require a person who has lodged a document electronically to lodge it in hard copy form at the Department’s customer service counter at Mineral House, 100 Plain Street, East Perth WA 6004.
[Regulation 7 inserted: SL 2026/82 r. 22.]
8
Taxes etc. prescribed (Act s. 144A federal duty)
8.Taxes etc. prescribed (Act s. 144A federal duty)
The following imposts are excluded from the definition of federal duty in section 144A(3) of the Act —
(a)all taxes, duties, fees, levies and charges already included in the purchase price of goods or services purchased by the permittee, holder of a drilling reservation, lessee or licensee;
(b)departure tax;
(c)fringe benefits tax;
(d)deduction from salary or wages as required under the Income Tax Assessment Act 1936 of the Commonwealth to enable income tax to be collected from employees by instalments;
(e)deduction from prescribed payments as required under the Income Tax Assessment Act 1936 of the Commonwealth to enable tax to be collected in respect of certain payments for work;
(f)customs import duty;
(g)aircraft landing charge;
(h)training guarantee charge;
(i)superannuation guarantee charge;
(j)contributions under Part 4.2 of the Higher Education Funding Act 1988 of the Commonwealth.
[Regulation 8 inserted: Gazette 20 May 1994 p. 2124‑5.]
9
Geocentric Datum of Australia 1994 previously prescribed (Act s. 8)
9.Geocentric Datum of Australia 1994 previously prescribed (Act s. 8)
(1)Subject to regulation 11, the GDA is the prescribed Australian datum for the purposes referred to in section 8(1) of the Act.
(2)The reference ellipsoid for the GDA is the Geodetic Reference System 1980 (GRS80) ellipsoid with a semi‑major axis of 6 378 137 m exactly and an inverse flattening (l/f) of 298.257 222 101.
(3)The reference frame for the GDA is realised by the coordinates of the following Australian Fiducial Network geodetic stations referred to the GRS80 ellipsoid determined within the International Earth Rotation Service Terrestrial Reference Frame 1992 (ITRF92) at the epoch of 1994.0 —
No.
Name
South latitude
East longitude
Ellipsoidal height
AU 012
Alice Springs
23° 40′ 12.44592″
133° 53′ 07.84757″
603.358 m
AU 013
Karratha
20° 58′ 53.17004″
117° 05′ 49.87255″
109.246 m
AU 014
Darwin
12° 50′ 37.35839″
131° 07′ 57.84838″
125.197 m
AU 015
Townsville
19° 20′ 50.42839″
146° 46′ 30.79057″
587.077 m
AU 016
Hobart
42° 48′ 16.98506″
147° 26′ 19.43548″
41.126 m
AU 017
Tidbinbilla
35° 23′ 57.15627″
148° 58′ 47.98425″
665.440 m
AU 019
Ceduna
31° 52′ 00.01664″
133° 48′ 35.37527″
144.802 m
AU 029
Yaragadee
29° 02′ 47.61687″
115° 20′ 49.10049″
241.291 m
[Regulation 9 inserted: Gazette 15 Dec 2000 p. 7213‑14.]
(4)This regulation does not have effect on or after the day on which the Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025 regulations 15 and 16 come into operation.
[Regulation 9 amended: SL 2025/172 r. 15.]
10
Geocentric Datum of Australia 2020 currently prescribed (Act s. 8)
10.Geocentric Datum of Australia 2020 currently prescribed (Act s. 8)
Geocentric Datum of Australia 2020 means the Reference Frame defined in the National Measurement (Recognized‑Value Standard of Measurement of Position) Determination 2017 (Cth) clause 4.
(2)The Geocentric Datum of Australia 2020 is prescribed for the purposes referred to in section 8(1) of the Act.
[Regulation 10 inserted: SL 2025/172 r. 16.]
11
Australian Geodetic Datum prescribed for limited purposes (Act s. 8)
11.Australian Geodetic Datum prescribed for limited purposes (Act s. 8)
(1)Despite regulation 10, the AGD is the prescribed datum for the purposes referred to in section 27(4) of the Act.
(2)The AGD is defined by an ellipsoid having a semi‑major axis (equatorial radius) of 6 378 160 m and a flattening of 1/298.25 and fixed by the position of the origin being the Johnston Geodetic Station in the Northern Territory of Australia.
(3)The Johnston Geodetic Station is taken to be situated at —
(a)25° 56′ 54.5515″ south latitude and 133° 12′ 30.0771″ east longitude; or
(b)where decimal reckoning is used, 25° 56.90919′ south latitude and 133° 12.50129′ east longitude,
and to have a ground level elevation of 571.2 m above the ellipsoid referred to in subregulation (2).
(4)An instrument in force under the Act or these regulations immediately before 16 December 2000 that contains a reference to the position on the surface of the Earth of a point, line or area determined by reference to the AGD is to be endorsed, if it is practicable to do so, with a statement to the effect that the AGD applied to that determination, but the omission of such a statement does not affect the validity of the instrument.
(5)If, in relation to an instrument referred to in subregulation (4), coordinates calculated by reference to the AGD are to be converted to coordinates calculated by reference to the GDA, the conversion is to be made using the National Transformation Version 2 (NTV2) grid file transformation.
[Regulation 11 inserted: Gazette 15 Dec 2000 p. 7215; amended: SL 2025/172 r. 17.]
12
Transitional provision: operation of r. 3
12.Transitional provision: operation of r. 3
regulation 3 has the meaning given in Schedule 2 clause 1 of the Act.
(2)This regulation is made for the purposes of Schedule 2 clause 3(4) of the Act.
(3)Regulation 3 as continued in force under Schedule 2 clause 3(3)(b) of the Act is, for the purposes of its application under that paragraph, deleted.
[Regulation 12 inserted: Gazette 30 Jun 2015 p. 2344.]
13
Transitional provisions relating to Petroleum Legislation Amendment Act 2024 s. 33
13.Transitional provisions relating to Petroleum Legislation Amendment Act 2024 s. 33
(1)This regulation is made under section 154(3) of the Act and applies before the day on which the Petroleum Legislation Amendment Act 2024 section 33 comes into operation.
(2)In paragraph (h) of the definition of operator in section 5(1) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 4(6)(b)), the reference to a person who has an authorisation referred to in section 67(2) of the Act is to be read as a reference to a person (other than the Minister) who is a party to an agreement, or who has an approval, under section 67 of the Act.
(3)In paragraph (b) of the definition of report in section 5(1) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 4(2)), the reference to an authorisation referred to in section 67(2) of the Act is to be read as a reference to an agreement or approval under section 67 of the Act.
(4)In section 86B(2)(n) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 39), the reference to an authorisation referred to in section 67(2) of the Act is to be read as a reference to an agreement or approval under section 67 of the Act.
(5)For the purposes of Part 3 Division 4A of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 39), the registered holder, in relation to a title referred to in section 86B(2)(n) of the Act, as modified by subregulation (4), is —
(a)the person (other than the Minister) who is a party to the agreement under section 67 of the Act; or
(b)the person who has the approval under section 67 of the Act.
[Regulation 13 inserted: SL 2026/82 r. 23.]
14
Transitional provision relating to Petroleum Legislation Amendment Act 2024 s. 69 and 164
14.Transitional provision relating to Petroleum Legislation Amendment Act 2024 s. 69 and 164
(1)This regulation is made under section 154(3) of the Act and applies if amendment day, as defined in Schedule 2 clause 5(1) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 67), is the same day as amendment day as defined in Schedule 2 clause 6(1) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 175).
(2)In Schedule 2 clause 6(3)(a) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 175), the reference to section 142(1) of the Act as in force immediately before amendment day is to be read as a reference to section 142(1) of the Act as amended by the Petroleum Legislation Amendment Act 2024 Part 2 Division 2.
[Regulation 14 inserted: SL 2026/82 r. 23.]
15
Other transitional provisions relating to Petroleum Legislation Amendment Act 2024
15.Other transitional provisions relating to Petroleum Legislation Amendment Act 2024
amendment day means the day on which the Petroleum Legislation Amendment Act 2024 section 3 comes into operation.
(2)This regulation is made under section 154(3) of the Act.
(3)In section 35(1) and (2) of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 2), references to an instrument under section 33(3) of the Act include an instrument made before amendment day under section 33(2) of the Act as then in force.
(4)In section 48E of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 2) —
(a)in subsection (1)(a), the reference to a notice of the kind referred to in section 48H(3A) of the Act includes a notice given before amendment day of the kind referred to in section 48H(3) of the Act as then in force; and
(b)in subsection (2A)(a), the reference to an instrument under section 48E(2) of the Act includes an instrument served before amendment day under section 48E(1) of the Act as then in force; and
(c)in subsection (2A)(b)(i) and (ii), references to section 48E(2)(b) of the Act are, in the case of an instrument served before amendment day under section 48E(1) of the Act as then in force, to section 48E(1)(e) of the Act as then in force; and
(d)in subsections (3) and (4), references to the cancellation of a lease under section 48E(2B) of the Act include the cancellation of a lease before amendment day under section 48E(2) of the Act as then in force.
(5)In section 48G of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 2) —
(a)in subsections (6), (7) and (8), references to an instrument under section 48G(1A) or (1B) of the Act include an instrument served before amendment day under section 48G(1) of the Act as then in force; and
(b)in subsection (10) —
(i)the reference to the Minister refusing to grant the renewal of a lease includes the Minister refusing to grant the renewal of a lease before amendment day by reason only of not being satisfied as to the matter referred to in section 48G(1)(c)(i) of the Act as then in force; and
(ii)in paragraph (a), the reference to an instrument under section 48G(2) of the Act includes an instrument served before amendment day under section 48G(2) of the Act as then in force.
(6)The replacement of section 48H(3) of the Act by the Petroleum Legislation Amendment Act 2024 section 116(1) does not affect a request made under section 48H(3) of the Act before amendment day.
(7)In section 48H(4) of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 2), the reference to notices of the kind referred to in section 48H(3A) of the Act includes notices given before amendment day of the kind referred to in section 48H(3) of the Act as then in force.
(8)A determination made before amendment day by the Minister under section 52 of the Act applies, on and after amendment day, in respect of a regulated substance recovered as well as petroleum recovered.
(9)If an instrument served on an applicant under section 59 of the Act before amendment day contains a statement that the applicant will be required to pay royalty at the rate specified in that statement, that statement applies, on and after amendment day, in respect of a regulated substance recovered as well as petroleum recovered.
(10)Subregulation (11) applies if —
(a)an application for approval of a transfer is made before amendment day under section 72 of the Act; and
(b)neither of the following occurs before amendment day —
(i)the transfer is registered;
(ii)the Minister informs the applicant that the Minister has decided not to approve the transfer.
(11)On and after amendment day —
(a)section 72 of the Act, as amended by the Petroleum Legislation Amendment Act 2024 Part 2, applies in relation to the application and transfer as if the application had been made under section 72 of the Act as so amended; and
(b)for that purpose, in section 72(1), (4), (12) and (13) of the Act, references to an instrument of transfer are to an instrument of transfer that accompanied the application under section 72(3)(a) of the Act as in force before amendment day.
(12)Subregulation (13) applies if —
(a)an application for approval of a dealing is made before amendment day under section 75 or 75A of the Act; and
(b)neither of the following occurs before amendment day —
(i)an entry is made in the Register in relation to the dealing under section 75(12) of the Act;
(ii)the Minister informs the applicant that the Minister has decided to refuse to approve the dealing.
(13)On and after amendment day —
(a)sections 75 and 75A (if relevant) of the Act, as amended by the Petroleum Legislation Amendment Act 2024 Part 2, apply in relation to the application and dealing as if the application had been made under section 75 or 75A of the Act as so amended; and
(b)for that purpose, in section 75(13)(a) to (c) of the Act, references to an instrument for the purpose of section 75(4)(b) of the Act are to an instrument for the purpose of section 75(4)(b) of the Act as in force before amendment day.
(14)An instrument of consent under section 116(1) of the Act that is in effect immediately before amendment day continues in effect on and after amendment day as if it had been given under section 116(1) of the Act as inserted and amended by the Petroleum Legislation Amendment Act 2024 Part 2.
[Regulation 15 inserted: SL 2026/82 r. 23.]
Sch Schedule 1
Prescribed fees
Schedule 1 — Prescribed fees
[r. 3(1)]
[Heading inserted: SL 2026/82 r. 24.]
Column 1 Item
Column 2 Provision of Act
Column 3 Amount of prescribed fee ($)
1.
s. 31(1)(f)
8 740.00
2.
s. 34(1)(a)
8 320.00
3.
s. 37A(2)(e)
8 320.00
4.
s. 40(2)(c)
8 740.00
5.
s. 40(4)(b)
8 740.00
6.
s. 43B(1)(f)
8 320.00
7.
s. 43F(3)(d)
7 190.00
8.
s. 48A(2)(e)
8 320.00
9.
s. 48A(2A)(d)
8 320.00
10.
s. 48BB(3)(d)
8 320.00
11.
s. 48CA(3)(d)
8 320.00
12.
s. 48F(2)(d)
8 320.00
13.
s. 48F(2A)(c)
8 320.00
14.
s. 51(1)(e)
8 950.00
15.
s. 58(1)(a)
8 740.00
16.
s. 61(2)(e)
8 740.00
17.
s. 64(2)(d)
8 320.00
18.
s. 69HI(1)(g)
8 250.00
19.
s. 73(2)
171.00
20.
s. 73(3)(b)
156.00
21.
s. 80(1)
149.00
22.
s. 81(3)
142.00
23.
s. 105(2)(d)
8 740.00
24.
s. 137(a)
2 400.00
[Schedule 1 inserted: SL 2026/82 r. 24; amended: SL 2026/124 r. 18.]
Sch Schedule 2
Form of instrument of transfer of title under Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 s. 72
Schedule 2 — Form of instrument of transfer of title under Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 s. 72
[r. 4]
[Heading inserted: SL 2026/82 r. 25.]
Form of instrument of transfer of title under section 72
of Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967
I/We (1)(2) ................................................................................................................ being the registered holder/holders (1) of (3) ........................................................... in consideration of (4) ............................................................................................ hereby transfer all right, title and interest in that (3) ............................................... to (5) .......................................................................................................................
In witness of this transfer the parties to the transfer have affixed their respective common seals or signatures below on this ............................................................ day of ................................................... 20 ..........
(6) (7)
(1) Delete whichever is inapplicable.
(2) Here insert the name of the transferor, or, if there are 2 or more transferors, the name of each transferor.
(3) Here insert the type (e.g. exploration permit, production licence), and number, of the property transferred that is a title as defined in section 69J of the Act.
(4) Here insert the value of the consideration for the transfer or the value of the title transferred. If the transfer of the title is pursuant to a dealing which has been approved and registered under the Act, insert a reference that is sufficient to identify that dealing.
(5) Here insert the name and address of the transferee, or, if there are 2 or more transferees, the name and address of each transferee.
(6) Here affix the common seal or signature of the transferor or of each transferor, as the case may be.
(7) Here affix the common seal or signature of the transferee or of each transferee, as the case may be.
[Schedule 2 inserted: Gazette 28 Sep 1990 p. 5102; amended: Gazette 23 Jun 2009 p. 2474; SL 2026/82 r. 26.]
This is a compilation of the Petroleum, Geothermal Energy and Greenhouse Gas Storage Regulations 1987 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
Citation Published Commencement
Petroleum Regulations 1987 2 23 Oct 1987 p. 3971‑2 23 Oct 1987
Petroleum Amendment Regulations 1990 28 Sep 1990 p. 5100‑2 1 Oct 1990 (see r. 2 and Gazette 28 Sep 1990 p. 5099)
Petroleum Amendment Regulations 1991 28 Jun 1991
p. 3228 28 Jun 1991
Petroleum Amendment Regulations 1993 24 Dec 1993 p. 6831 24 Dec 1993
Petroleum Amendment Regulations 1994 20 May 1994 p. 2124‑5 20 May 1994
Petroleum Amendment Regulations (No. 2) 1994 22 Jul 1994 p. 3779‑80 22 Jul 1994 (see r. 2 and Gazette 22 Jul 1994 p. 3728)
Petroleum Amendment Regulations 2000 8 Feb 2000 p. 454-5 8 Feb 2000
Petroleum Amendment Regulations (No. 2) 2000 27 Jun 2000
p. 3252 1 Jul 2000 (see r. 2)
Petroleum Amendment Regulations (No. 3) 2000 15 Dec 2000 p. 7212-15 16 Dec 2000 (see r. 2 and Gazette 15 Dec 2000 p. 7201)
Reprint of the Petroleum Regulations 1987 as at 4 May 2001
(includes amendments listed above)
Petroleum Amendment Regulations 2002 28 Jun 2002 p. 3090-1 1 Jul 2002 (see r. 2)
Petroleum Amendment Regulations 2003 28 Feb 2003 p. 669-70 28 Feb 2003
Petroleum Amendment Regulations 2009 23 Jun 2009 p. 2471‑4 r. 1 and 2: 23 Jun 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b))
Reprint 2: The Petroleum and Geothermal Energy Resources Regulations 1987 as at 21 Aug 2009 (includes amendments listed above)
Petroleum and Geothermal Energy Resources Amendment Regulations 2010 9 Feb 2010 p. 271 r. 1 and 2: 9 Feb 2010 (see r. 2(a));
Regulations other than r. 1 and 2: 10 Feb 2010 (see r. 2(b))
Petroleum and Geothermal Energy Resources Amendment Regulations (No. 2) 2010 11 May 2010 p. 1816-18 r. 1 and 2: 11 May 2010 (see r. 2(a));
Regulations other than r. 1 and 2: 12 May 2010 (see r. 2(b))
Petroleum and Geothermal Energy Resources Amendment Regulations (No. 3) 2010 16 Jul 2010 p. 3357-9 r. 1 and 2: 16 Jul 2010 (see r. 2(a));
Regulations other than r. 1 and 2: 17 Jul 2010 (see r. 2(b)(ii))
Petroleum and Geothermal Energy Resources Amendment Regulations 2011 24 May 2011 p. 1898-9 r. 1 and 2: 24 May 2011 (see r. 2(a));
Regulations other than r. 1 and 2: 25 May 2011 (see r. 2(b) and Gazette 24 May 2011 p. 1892)
Petroleum and Geothermal Energy Resources Amendment Regulations (No. 2) 2011 1 Jul 2011 p. 2734‑6 r. 1 and 2: 1 Jul 2011 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b))
Petroleum and Geothermal Energy Resources Amendment Regulations 2012 12 Jun 2012 p. 2463‑4 r. 1 and 2: 12 Jun 2012 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2012 (see r. 2(b))
Reprint 3: The Petroleum and Geothermal Energy Resources Regulations 1987 as at 1 Feb 2013 (includes amendments listed above)
Petroleum and Geothermal Energy Resources Amendment Regulations 2014 25 Feb 2014 p. 498‑500 r. 1 and 2: 25 Feb 2014 (see r. 2(a));
Regulations other than r. 1 and 2: 26 Feb 2014 (see r. 2(b))
Petroleum and Geothermal Energy Resources Amendment Regulations (No. 2) 2014 17 Jun 2014 p. 1982‑3 r. 1 and 2: 17 Jun 2014 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b))
Petroleum and Geothermal Energy Resources Amendment Regulations 2015 30 Jun 2015 p. 2344 r. 1 and 2: 30 Jun 2015 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b) and Gazette 30 Jun 2015 p. 2321)
Petroleum and Geothermal Energy Resources Amendment Regulations (No. 2) 2015 30 Jun 2015 p. 2346-7 r. 1 and 2: 30 Jun 2015 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Levies) Regulations 2016 Pt. 11 24 Jun 2016 p. 2325‑34 1 Jul 2016 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2017 Pt. 15 23 Jun 2017 p. 3279‑309 1 Jul 2017 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 15 25 Jun 2018 p. 2297‑324 1 Jul 2018 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2019 Pt. 14 18 Jun 2019 p. 2040‑56 1 Jul 2019 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2020 Pt. 7 SL 2020/93 26 Jun 2020 1 Jul 2020 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2021 Pt. 11 SL 2021/85 21 Jun 2021 1 Jul 2021 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2022 Pt. 9 SL 2022/58 20 May 2022 1 Jul 2022 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 10 SL 2023/36 5 May 2023 1 Jul 2023 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2024 Pt. 9 SL 2024/97 12 Jun 2024 1 Jul 2024 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2025 Pt. 10 SL 2025/90 11 Jun 2025 1 Jul 2025 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025 Pt. 4 SL 2025/172 2 Oct 2025 3 Oct 2025 (see r. 2(b))
Mines and Petroleum Regulations Amendment Regulations 2026 Pt. 6 SL 2026/82 27 May 2026 28 May 2026 (see r. 2(b) and SL 2026/70 cl. 2)
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2026 Pt. 7 SL 2026/124 24 Jun 2026 1 Jul 2026 (see r. 2(b))
Other notes
1The Acts Amendment (Petroleum) Act 1990 (other than s. 32) came into operation 1 Oct 1990 (see Gazette 28 Sep 1990 p. 5099).
2Now known as the Petroleum, Geothermal Energy and Greenhouse Gas Storage Regulations 1987; citation changed (see note under r. 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.]
Defined termProvision(s)
AGD1A
amendment day15(1)
dealing5(1)
document1A
GDA1A
Geocentric Datum of Australia 202010(1)
GRS809(2)
regulation 312(1)
related dealing5(2)
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967
Petroleum, Geothermal Energy and Greenhouse Gas Storage Regulations 1987
Western Australia
Petroleum, Geothermal Energy and Greenhouse Gas Storage Regulations 1987
Contents
1.Citation1
1A.Terms used1
1B.Additives to petroleum2
2.Time prescribed (Act s. 17(4))2
3.Fees and rates prescribed3
4.Form of instrument of transfer approved (Act s. 72(3)(a))3
5.Particulars prescribed (Act s. 75(4)(b))4
6.Service of documents5
7.Lodging documents through Department’s website6
8.Taxes etc. prescribed (Act s. 144A federal duty)6
9.Geocentric Datum of Australia 1994 previously prescribed (Act s. 8)7
10.Geocentric Datum of Australia 2020 currently prescribed (Act s. 8)8
11.Australian Geodetic Datum prescribed for limited purposes (Act s. 8)9
12.Transitional provision: operation of r. 310
13.Transitional provisions relating to Petroleum Legislation Amendment Act 2024 s. 3310
14.Transitional provision relating to Petroleum Legislation Amendment Act 2024 s. 69 and 16411
15.Other transitional provisions relating to Petroleum Legislation Amendment Act 202412
Schedule 1 — Prescribed fees
Schedule 2 — Form of instrument of transfer of title under Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 s. 72
Notes
Compilation table20
Other notes23
Defined terms
Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967
Petroleum, Geothermal Energy and Greenhouse Gas Storage Regulations 1987
1.Citation
These regulations are the Petroleum, Geothermal Energy and Greenhouse Gas Storage Regulations 1987.
[Regulation 1 inserted: SL 2026/82 r. 17.]
1A.Terms used
In these regulations —
AGD means the Australian Geodetic Datum referred to in regulation 11;
document, in relation to service and lodgment —
(a)means an application, a form, an instrument, a nomination, a notice or a submission; and
(b)includes any other record of information with respect to a geothermal energy operation, a GHG operation and a petroleum operation;
Main concepts
A “document” is defined broadly for the regulations’ service and lodgment rules. Under r 1A it includes an application, form, instrument, nomination, notice or submission, and any other record of information concerning a geothermal energy, greenhouse gas (GHG), or petroleum operation. The electronic procedures in rr 6 and 7 therefore apply across a wide range of records, subject to the underlying Act requiring service or lodgment.
A “registered holder” is the recipient for the email-service rule in r 6. Each registered holder must provide an email address for service by electronic means. If the Minister must serve a document on that holder, the Minister may send it as an email attachment to the provided address. The deemed-service time is tied to the time of sending and the working day: before 4.30 pm on a working day means service that day; otherwise, service is taken to occur on the next working day.
Regulations 9 to 11 deal with Australian coordinate datums. Regulation 10 prescribes the Geocentric Datum of Australia 2020 (GDA2020) for the purposes in Act s 8(1). Regulation 11 makes the Australian Geodetic Datum (AGD) applicable, despite r 10, for the purposes of Act s 27(4). Regulation 9 sets out the former GDA1994 framework and says it does not have effect on or after the commencement day of specified 2025 amendment regulations. The datum distinction matters when a title or instrument identifies a point, line or area by coordinates.
A “related dealing” under r 5 is a defined earlier transaction between some or all parties that affects the title and creates or assigns an option or right, or is altered or terminated by the later dealing. The prescribed particulars require certain related-dealing information to be disclosed.
Who it affects
The rules directly affect permittees, holders of drilling reservations, lessees, licensees and registered holders under the Act. Regulation 2 sets time periods relevant to specified dealings with owners or occupiers of private land. The three-month periods run from particular notices: notice by a title holder of an intention to commence operations; notice by an owner or occupier of injury or depreciation in value to adjoining or nearby private land or improvements; and notice by an owner or occupier that operations have caused further surface or improvement damage. The provisions do not, by themselves, explain the full legal claim, remedy or procedure associated with those notices; those details depend on the Act.
Parties to a transfer or other dealing affecting a title are also affected. Schedule 2 supplies an approved transfer form under Act s 72(3)(a). Regulation 5 prescribes particulars for an application under s 75(4)(b), including the title, parties, effect of registration, before-and-after interests and, in specified cases, the value of consideration or the interest. Related dealing history can also be relevant.
The Minister and the Department have administrative roles. The Minister may serve documents by email under r 6 and may require a person who lodged electronically to lodge a hard copy at the Department’s customer service counter under r 7(3). The Minister also receives applications and dealings under Act provisions referenced in the regulations.
The rules may also affect businesses involved in acquiring or transferring interests, including their transaction planning and recordkeeping. The prescribed fees create direct costs for the listed applications or statutory steps, while the form and particulars requirements create information and documentation costs. The regulations do not identify the industry participants who ultimately bear those costs under private contracts, so allocation between parties cannot be determined from this text alone.
Key duties and rights
A registered holder must provide an email address for electronic service under r 6(1). Where the Minister is required to serve a document on the registered holder, the Minister may use that address and send the document as an attachment. The regulation does not say that every document must be served electronically, nor does it set out a general right to insist on another service method. The deemed-service rule makes timing material: a document sent before 4.30 pm on a working day is taken to have been served that day; a later or non-working-day email is taken to have been served on the next working day.
Documents required by the Act to be lodged may be lodged electronically through the Department’s website under r 7(1). An electronic lodgment made after 4.30 pm on a working day and before 8.30 am on the next working day is taken to have been lodged at 8.30 am on that next working day. The Minister may require a hard-copy lodgment at the specified East Perth counter. The regulation does not state a deadline extension where the electronic timing rule shifts the deemed lodgment time.
Regulation 2 prescribes three months for the specified s 17, s 18 and s 19 time periods. Each period is triggered by the relevant notice described in the regulation, rather than simply by the occurrence of operations or damage.
For transfers, r 4 approves the Schedule 2 instrument. Its fields identify the transferor, title, consideration or title value, transferee, date and signatures or common seals. Regulation 5 requires further particulars for relevant s 75 dealings. These include the instrument’s description and execution date, title details, parties’ names and business addresses, and interests before and after registration. The source does not reproduce the Act’s full approval or registration tests, so these requirements should not be mistaken for an exhaustive statement of what makes a dealing registrable.
Penalties and enforcement
The supplied regulations do not set out a general penalty scale for non-compliance, and they do not specify imprisonment, infringement notices or a civil penalty for breach of the duties described here. That is a limit of this source, not evidence that the Act contains no consequences. The Act itself is referenced repeatedly but its penalty and enforcement provisions have not been supplied, so no conclusion about the full enforcement regime can be drawn from the regulations alone.
The regulations do establish procedural consequences and administrative powers. For example, rr 6(3) and 7(2) deem when service or lodgment occurs. Those rules can affect whether a communication is treated as having been made on a particular day, which may matter when a statutory deadline applies. The regulations do not state in this text what consequence follows if a filing is late, or whether a deadline may be extended.
Under r 7(3), the Minister may require a person who has lodged a document electronically to lodge it in hard copy form at the Department’s customer service counter at Mineral House, 100 Plain Street, East Perth. This is an express administrative power. The provision does not say what happens if a person does not comply with such a requirement, so any resulting consequence would need to be checked in the Act or another applicable provision.
The fee schedule also has a compliance and cost dimension. Schedule 1 prescribes amounts for specific Act provisions, ranging from $142 under s 81(3) to $8,950 under s 51(1)(e), with many listed application-related items between $7,190 and $8,740. Regulation 3 separately prescribes rates for specified statutory purposes. The text does not say whether a fee is refundable, waivable or payable in every factual situation within the relevant section. Those points require the Act and any applicable fee rules to be checked.
How it interacts with other laws
The regulations are expressly tied to the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967. They prescribe time for purposes of Act ss 17 to 19, approve a transfer form for s 72(3)(a), prescribe particulars under s 75(4)(b), set fees for listed Act provisions and prescribe datums for purposes of s 8(1) and s 27(4). The Act supplies the substantive framework; these regulations supply specified details. Because the Act’s text is not included, the precise statutory context for each cross-reference cannot be fully explained here.
Regulation 8 concerns the Act’s definition of “federal duty” in s 144A(3). It excludes a list of imposts, including taxes, duties, fees, levies and charges already included in the purchase price of goods or services; departure tax; fringe benefits tax; customs import duty; aircraft landing charge; training guarantee charge; superannuation guarantee charge; and specified employee and contractor tax deductions. It also lists contributions under Part 4.2 of the Higher Education Funding Act 1988 (Cth). This is a defined exclusion for the Act provision, not a general statement that the listed charges are irrelevant to petroleum operations.
The datum provisions refer to Commonwealth measurement standards. Regulation 10 defines GDA2020 by reference to the Reference Frame in cl 4 of the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cth). Regulation 11 gives a specific AGD definition and specifies the National Transformation Version 2 grid file for conversion of coordinates from AGD to GDA in relation to the instruments described there.
The 2024 transitional provisions also interact with the Act’s amendments. Regulations 13 to 15 modify how selected amended definitions, sections and schedules are read during transition. They address operator and report definitions, provisions concerning agreements or approvals under s 67, lease-related provisions, royalties and pending transfer or dealing applications. These provisions manage continuity across legislative changes; understanding their present operation requires the amended Act and commencement dates.
Amendment history
The compilation table records a long series of amendments, beginning with the Petroleum Regulations 1987, published and commencing on 23 October 1987. The supplied text says the present citation was changed to Petroleum, Geothermal Energy and Greenhouse Gas Storage Regulations 1987, but does not give a separate date for that citation change. A first major listed amendment, the Petroleum Amendment Regulations 1990, commenced on 1 October 1990. Regulation 5’s history links its prescribed particulars to the 1990 changes, and the approved transfer form in Schedule 2 was also inserted in 1990.
Later entries include amendments in 1991, 1993 and 1994. Regulation 8’s federal-duty exclusions were inserted in 1994. A set of 2000 amendments introduced the coordinate-datum provisions: r 9 was inserted in December 2000, and r 11 was also inserted then. The compilation identifies subsequent fee amendments in 2002, 2003 and, repeatedly, from 2009 through 2025. Many fee-related amendments commenced on 1 July of the relevant year, as stated in the table.
The 2025 geocentric-datum amendments inserted r 10 prescribing GDA2020 and amended rr 9 and 11. They commenced on 3 October 2025 according to the compilation table. The 2026 amendments are extensive in the current supplied text. The Mines and Petroleum Regulations Amendment Regulations 2026 (SL 2026/82) commenced on 28 May 2026 and inserted or amended provisions including rr 1, 1A, 1B, 4 to 7, 13 to 15, and the schedules. The 2026 fees and charges instrument, SL 2026/124, commenced on 1 July 2026 and amended Schedule 1. The compilation table supplies commencement dates, but does not explain the policy reasons for these amendments.
Litigation history
The supplied compilation contains no judgments, tribunal decisions, case names or summaries of litigation interpreting these regulations. It therefore supports no account of how a court has applied the email-service rule, the deemed-lodgment time, the prescribed private-land periods, the fee provisions or the coordinate-datum rules in a contested matter. That absence from this compilation excerpt should not be read as confirmation that no litigation exists. It only means litigation history cannot be established from the material supplied.
The text does identify potential points where interpretation could matter in a dispute, without resolving them. Under r 6, service depends on the email being sent to the address provided by the registered holder and on its timing relative to 4.30 pm and a working day. The excerpt does not address failed delivery, incorrect addresses, attachment accessibility or proof of sending. Under r 7, electronic lodgment after 4.30 pm and before 8.30 am is assigned a deemed time, but the text does not explain system outages or disputed receipt. These are subjects the regulation excerpt leaves unanswered, not findings about how a court would resolve them.
Regulation 2’s three-month periods turn on the relevant notice being given. The provided text does not explain how a notice must be given, how its receipt is proved or how the period is calculated in unusual circumstances. Those questions may be addressed elsewhere in the Act or applicable interpretation rules, neither of which is reproduced here.
The transitional rules in rr 13 to 15 may also require interpretation where applications, approvals or instruments span an amendment day. They set out specific reading rules, but no decision applying them is cited. A researcher assessing litigation would need the full Act, the relevant instrument and commencement material, and any applicable reported decisions. No cases are named in this source, so none are identified here.
Gotchas
First, the electronic rules use different timing mechanics. A service email sent before 4.30 pm on a working day is taken to be served that day under r 6(3). An electronic lodgment made after 4.30 pm and before 8.30 am on the next working day is taken to have been lodged at 8.30 am on that next working day under r 7(2). The first rule deals with service; the second deals with a particular after-hours lodgment window. The text does not establish that every electronic filing at any time is treated identically.
Second, electronic lodgment is not necessarily the end of the process. Regulation 7(3) allows the Minister to require a hard copy after electronic lodgment. The regulation specifies the counter location but does not set out a time for complying with such a requirement.
Third, the three-month periods in r 2 have different triggers and relate to different notices. They should not be treated as one general period applying to every private-land issue. The provision refers to notice of intended operations, notice of injury or depreciation in value, and notice of further damage. The Act is needed to understand the associated rights and procedural steps.
Fourth, the transfer form and s 75 particulars are distinct requirements. Schedule 2 is the approved form for an instrument of transfer under s 72(3)(a). Regulation 5 concerns prescribed particulars for a dealing under s 75(4)(b). The supplied source does not say that completing one automatically satisfies the other.
Fifth, coordinate systems are not interchangeable by assumption. GDA2020 is prescribed generally for s 8(1), while AGD remains prescribed for the limited s 27(4) purpose. Regulation 11 also preserves references to AGD in certain older instruments and specifies a conversion method.
Finally, fees are provision-specific. A listed amount should not be applied to a different statutory step merely because it appears in the same schedule.
How to comply
This section describes the mechanics stated in the regulations, rather than assessing what any particular holder or applicant must do in a specific matter. The relevant Act provision and the current status of an application or title remain important because the regulations prescribe details for particular statutory processes.
For electronic service, the registered holder’s email address is central: r 6(1) requires the holder to provide an address for electronic service. The Minister may serve an attachment to that address where service on the registered holder is required. The deemed-service time should be recorded by reference to the sending time and whether it was a working day. The regulation does not prescribe a separate receipt confirmation process.
For electronic lodgment, the regulation permits a document required under the Act to be lodged as an electronic version through the Department’s website. The timing rule in r 7(2) should be distinguished from the service rule. A hard-copy request by the Minister is also possible under r 7(3), at the specified Mineral House counter.
For a transfer under s 72, Schedule 2 identifies the information in the approved instrument: transferor or transferors, title type and number, consideration or title value, transferee or transferees, date, and the parties’ signatures or common seals. For a s 75 dealing, r 5 lists the prescribed particulars, including the instrument, title, parties, effects on registration, interests before and after, relevant value information, and specified related dealings. The relevant section of the Act determines how these particulars fit into the wider approval or registration process.
For fees, Schedule 1 should be read by matching the particular Act provision in Column 2 to the amount in Column 3. Regulation 3 contains additional rates for ss 81(2), 137(b), 137A and 138. Where location data are relevant, the applicable datum depends on whether the purpose is under s 8(1) or the limited s 27(4) purpose.
This is general legal information, not legal advice. Zoe can make mistakes. Before acting on or relying on this analysis, have a qualified Australian lawyer check it.
GDA means the Geocentric Datum of Australia 1994 referred to in regulation 9.
[Regulation 1A inserted: Gazette 15 Dec 2000 p. 7213; amended: SL 2025/172 r. 14; SL 2026/82 r. 18.]
1B.Additives to petroleum
For the purpose of paragraph (b)(ii) of the definition of petroleum in section 5(1) of the Act, a substance to assist the recovery of petroleum, or of a regulated substance, is prescribed.
[Regulation 1B inserted: SL 2026/82 r. 19.]
2.Time prescribed (Act s. 17(4))
The prescribed time for the purposes of section 17(4) of the Act is —
(a)under section 17, 3 months from the day that the permittee, holder of the drilling reservation, lessee or licensee gives notice to the owner or occupier that the permittee, holder of the drilling reservation, lessee or licensee intends to commence operations on the private land; and
(b)under section 18, 3 months from the day that the owner or occupier of the private land adjoining or in the vicinity of the land comprised in any permit, drilling reservation, lease or licence affected by the operations gives notice to the permittee, holder of the drilling reservation, lessee or licensee that the private land or improvements thereon has or have been injured or depreciated in value by the operations; and
(c)under section 19, 3 months from the day that the owner or occupier of the private land gives notice to the permittee, holder of the drilling reservation, lessee or licensee that operations have caused further damage to the surface or to any improvements on the private land.
[Regulation 2 amended: Gazette 28 Sep 1990 p. 5100; 23 Jun 2009 p. 2471‑2.]
3.Fees and rates prescribed
(1)For the purposes of a provision of the Act specified in Column 2 of Schedule 1, the prescribed fee is the amount specified in Column 3 of that Schedule opposite to that provision.
(2)For the purposes of section 81(2) of the Act, the prescribed rate is a rate of $149.00 per page.
[(3)‑(5)deleted]
(6)For the purposes of section 137(b) of the Act, the prescribed rate is a rate of $919.00.
(7)For the purposes of section 137A of the Act, the prescribed rate is a rate of $20 000.00.
(8)For the purposes of section 138 of the Act, the prescribed rate is a rate of $17 400.00.
[Regulation 3 inserted: Gazette 28 Sep 1990 p. 5100‑1; amended: Gazette 22 Jul 1994 p. 3780; 27 Jun 2000 p. 3252; 28 Jun 2002 p. 3090-1; 28 Feb 2003 p. 669-70; 23 Jun 2009 p. 2472; 9 Feb 2010 p. 271; 11 May 2010 p. 1817; 16 Jul 2010 p. 3358; 1 Jul 2011 p. 2734‑5; 12 Jun 2012 p. 2463; 25 Feb 2014 p. 499; 17 Jun 2014 p. 1982; 30 Jun 2015 p. 2344 and 2347; 24 Jun 2016 p. 2332; 23 Jun 2017 p. 3305; 25 Jun 2018 p. 2320; 18 Jun 2019 p. 2053; SL 2020/93 r. 14; SL 2021/85 r. 27.]
[3A.Deleted: Gazette 23 Jun 2009 p. 2472.]
4.Form of instrument of transfer approved (Act s. 72(3)(a))
For the purposes of section 72(3)(a) of the Act, the approved form of an instrument of transfer is the form set out in Schedule 2.
[Regulation 4 inserted: Gazette 28 Sep 1990 p. 5101; amended: SL 2026/82 r. 20.]
5.Particulars prescribed (Act s. 75(4)(b))
(1)For the purposes of section 75(4)(b) of the Act, the following particulars are prescribed —
(a)description and date of execution of the instrument evidencing the dealing referred to in section 75(4)(a) of the Act (in this subregulation referred to as the dealing);
(b)details of the title (including the type and number of the title) to which the dealing relates;
(c)full name and business address of each party to the dealing;
(d)details of the effect or effects, on registration, of the dealing specified in the relevant paragraph or paragraphs of section 75(1) of the Act;
(e)details of the interest or interests in the title of all parties to the dealing —
(i)before the registration of the dealing; and
(ii)in the event of approval of the dealing, after the registration of the dealing;
(f)in the case of a dealing to which section 4(5)(a) of the Petroleum, Geothermal Energy and Greenhouse Gas Storage (Registration Fees) Act 1967 applies, the value of the consideration;
(g)in the case of a dealing relating to an interest in a licence to which section 4(5)(b) of the Petroleum, Geothermal Energy and Greenhouse Gas Storage (Registration Fees) Act 1967 applies, the value of the interest;
(h)whether or not the parties to the dealing have made or propose to make an application for the purposes of section 4(7) of the Petroleum, Geothermal Energy and Greenhouse Gas Storage (Registration Fees) Act 1967;
(j)in respect of any related dealing in relation to which an entry has been made in the Register or an application in writing for approval by the Minister has been lodged (whether before or after the day fixed under section 2(1) of the Acts Amendment (Petroleum) Act 1990 1) —
(i)description and date of execution of the instrument evidencing the dealing; and
(ii)date of approval by the Minister (if appropriate); and
(iii)registration number (if any).
(2)In subregulation (1) —
related dealing means any dealing executed, before the execution of the instrument evidencing the dealing referred to in subregulation (1)(a), by some or all of the parties to that instrument —
(a)that affects the title which is the subject of the dealing to which the instrument referred to in subregulation (1)(a) relates; and
(b)that —
(i)creates or assigns an option to enter into the dealing referred to in subregulation (1)(a); or
(ii)creates or assigns a right to enter into the dealing referred to in subregulation (1)(a); or
(iii)is altered or terminated by the dealing referred to in subregulation (1)(a),
and includes any transaction in respect of which an instrument was registered under section 75 of the Act before the day fixed under section 2(1) of the Acts Amendment (Petroleum) Act 1990 1.
[Regulation 5 inserted: Gazette 28 Sep 1990 p. 5101‑2; amended: Gazette 23 Jun 2009 p. 2472; SL 2026/82 r. 21.]
6.Service of documents
(1)A registered holder must provide an email address for the service of documents by electronic means.
(2)If the Minister is required to serve a document on the registered holder, the Minister may serve the document as an email attachment to the email address provided by the registered holder.
(3)A document served by email on a registered holder is taken to have been served —
(a)if it is sent before 4.30 pm on a working day — on that day; or
(b)otherwise — on the next working day.
[Regulation 6 inserted: SL 2026/82 r. 22.]
7.Lodging documents through Department’s website
(1)A document that is required under the Act to be lodged may be lodged as an electronic version by means of the Department’s website.
(2)A document that is lodged electronically after 4.30 pm on a working day and before 8.30 am on the next working day is taken to have been lodged at 8.30 am on that next working day.
(3)The Minister may at any time require a person who has lodged a document electronically to lodge it in hard copy form at the Department’s customer service counter at Mineral House, 100 Plain Street, East Perth WA 6004.
[Regulation 7 inserted: SL 2026/82 r. 22.]
8.Taxes etc. prescribed (Act s. 144A federal duty)
The following imposts are excluded from the definition of federal duty in section 144A(3) of the Act —
(a)all taxes, duties, fees, levies and charges already included in the purchase price of goods or services purchased by the permittee, holder of a drilling reservation, lessee or licensee;
(b)departure tax;
(c)fringe benefits tax;
(d)deduction from salary or wages as required under the Income Tax Assessment Act 1936 of the Commonwealth to enable income tax to be collected from employees by instalments;
(e)deduction from prescribed payments as required under the Income Tax Assessment Act 1936 of the Commonwealth to enable tax to be collected in respect of certain payments for work;
(f)customs import duty;
(g)aircraft landing charge;
(h)training guarantee charge;
(i)superannuation guarantee charge;
(j)contributions under Part 4.2 of the Higher Education Funding Act 1988 of the Commonwealth.
[Regulation 8 inserted: Gazette 20 May 1994 p. 2124‑5.]
9.Geocentric Datum of Australia 1994 previously prescribed (Act s. 8)
(1)Subject to regulation 11, the GDA is the prescribed Australian datum for the purposes referred to in section 8(1) of the Act.
(2)The reference ellipsoid for the GDA is the Geodetic Reference System 1980 (GRS80) ellipsoid with a semi‑major axis of 6 378 137 m exactly and an inverse flattening (l/f) of 298.257 222 101.
(3)The reference frame for the GDA is realised by the coordinates of the following Australian Fiducial Network geodetic stations referred to the GRS80 ellipsoid determined within the International Earth Rotation Service Terrestrial Reference Frame 1992 (ITRF92) at the epoch of 1994.0 —
| No. | Name | South latitude | East longitude | Ellipsoidal height |
| AU 012 | Alice Springs | 23° 40′ 12.44592″ | 133° 53′ 07.84757″ | 603.358 m |
| AU 013 | Karratha | 20° 58′ 53.17004″ | 117° 05′ 49.87255″ | 109.246 m |
| AU 014 | Darwin | 12° 50′ 37.35839″ | 131° 07′ 57.84838″ | 125.197 m |
| AU 015 | Townsville | 19° 20′ 50.42839″ | 146° 46′ 30.79057″ | 587.077 m |
| AU 016 | Hobart | 42° 48′ 16.98506″ | 147° 26′ 19.43548″ | 41.126 m |
| AU 017 | Tidbinbilla | 35° 23′ 57.15627″ | 148° 58′ 47.98425″ | 665.440 m |
| AU 019 | Ceduna | 31° 52′ 00.01664″ | 133° 48′ 35.37527″ | 144.802 m |
| AU 029 | Yaragadee | 29° 02′ 47.61687″ | 115° 20′ 49.10049″ | 241.291 m |
| | | | | |
[Regulation 9 inserted: Gazette 15 Dec 2000 p. 7213‑14.]
(4)This regulation does not have effect on or after the day on which the Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025 regulations 15 and 16 come into operation.
[Regulation 9 amended: SL 2025/172 r. 15.]
10.Geocentric Datum of Australia 2020 currently prescribed (Act s. 8)
(1)In this regulation —
Geocentric Datum of Australia 2020 means the Reference Frame defined in the National Measurement (Recognized‑Value Standard of Measurement of Position) Determination 2017 (Cth) clause 4.
(2)The Geocentric Datum of Australia 2020 is prescribed for the purposes referred to in section 8(1) of the Act.
[Regulation 10 inserted: SL 2025/172 r. 16.]
11.Australian Geodetic Datum prescribed for limited purposes (Act s. 8)
(1)Despite regulation 10, the AGD is the prescribed datum for the purposes referred to in section 27(4) of the Act.
(2)The AGD is defined by an ellipsoid having a semi‑major axis (equatorial radius) of 6 378 160 m and a flattening of 1/298.25 and fixed by the position of the origin being the Johnston Geodetic Station in the Northern Territory of Australia.
(3)The Johnston Geodetic Station is taken to be situated at —
(a)25° 56′ 54.5515″ south latitude and 133° 12′ 30.0771″ east longitude; or
(b)where decimal reckoning is used, 25° 56.90919′ south latitude and 133° 12.50129′ east longitude,
and to have a ground level elevation of 571.2 m above the ellipsoid referred to in subregulation (2).
(4)An instrument in force under the Act or these regulations immediately before 16 December 2000 that contains a reference to the position on the surface of the Earth of a point, line or area determined by reference to the AGD is to be endorsed, if it is practicable to do so, with a statement to the effect that the AGD applied to that determination, but the omission of such a statement does not affect the validity of the instrument.
(5)If, in relation to an instrument referred to in subregulation (4), coordinates calculated by reference to the AGD are to be converted to coordinates calculated by reference to the GDA, the conversion is to be made using the National Transformation Version 2 (NTV2) grid file transformation.
[Regulation 11 inserted: Gazette 15 Dec 2000 p. 7215; amended: SL 2025/172 r. 17.]
12.Transitional provision: operation of r. 3
(1)In this regulation —
regulation 3 has the meaning given in Schedule 2 clause 1 of the Act.
(2)This regulation is made for the purposes of Schedule 2 clause 3(4) of the Act.
(3)Regulation 3 as continued in force under Schedule 2 clause 3(3)(b) of the Act is, for the purposes of its application under that paragraph, deleted.
[Regulation 12 inserted: Gazette 30 Jun 2015 p. 2344.]
13.Transitional provisions relating to Petroleum Legislation Amendment Act 2024 s. 33
(1)This regulation is made under section 154(3) of the Act and applies before the day on which the Petroleum Legislation Amendment Act 2024 section 33 comes into operation.
(2)In paragraph (h) of the definition of operator in section 5(1) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 4(6)(b)), the reference to a person who has an authorisation referred to in section 67(2) of the Act is to be read as a reference to a person (other than the Minister) who is a party to an agreement, or who has an approval, under section 67 of the Act.
(3)In paragraph (b) of the definition of report in section 5(1) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 4(2)), the reference to an authorisation referred to in section 67(2) of the Act is to be read as a reference to an agreement or approval under section 67 of the Act.
(4)In section 86B(2)(n) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 39), the reference to an authorisation referred to in section 67(2) of the Act is to be read as a reference to an agreement or approval under section 67 of the Act.
(5)For the purposes of Part 3 Division 4A of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 39), the registered holder, in relation to a title referred to in section 86B(2)(n) of the Act, as modified by subregulation (4), is —
(a)the person (other than the Minister) who is a party to the agreement under
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