5Definitions

#### 5 Definitions 5 Definitions > > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— > > > > access authority means an access authority under Part 4. > > > > application for a primary licence means an application under section 41 (1) or (2) or 41A (1) or (2). > > > > application for a secondary licence means an application under section 41 (3) or 41A (3). > > > > approved means approved by the Minister. > > > > block means a block constituted as provided by section 18. > > > > Chief Commissioner means the Chief Commissioner of State Revenue. > > > > construct includes place. > > > > 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. > > > > document includes any map, book, record or writing. > > > > 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 in operations for the recovery of petroleum, as the case may be. > > > > graticular section means a section referred to in section 18. > > > > inspector means a person appointed under section 126. > > > > lease means a retention lease under Part 4. > > > > 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 production licence for petroleum under Part 4. > > > > 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 38 is in force. > > > > natural resources has the same meaning as in the Convention. > > > > partly cancelled means— > > > > > (a) in relation to a permit or licence—cancelled as to 1 or more but not all of the blocks the subject of the permit 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 an exploration permit for petroleum under Part 4. > > > > 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 means— > > > > > (a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state, > > > > > (b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state, or > > > > > (c) any naturally occurring mixture of 1 or more hydrocarbons, whether in a gaseous, liquid or solid state, and 1 or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide, > > > > and includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir in the adjacent area. > > > > petroleum pool means a naturally occurring discrete accumulation of petroleum. > > > > pipeline means a pipe or system of pipes in the adjacent area for conveying petroleum but does not include a pipe or system of pipes— > > > > > (a) for returning petroleum to a natural reservoir, > > > > > (b) for conveying petroleum for use for the purposes of petroleum exploration operations or operations for the recovery of petroleum, > > > > > (c) for conveying petroleum that is to be flared or vented, or > > > > > (d) for conveying petroleum from a well to a terminal station without passing through another terminal station, whether the terminal station to which the petroleum is conveyed is in the adjacent area or not. > > > > pipeline licence means a licence under Part 4 to construct and operate a pipeline. > > > > pipeline licensee means the registered holder of a pipeline licence. > > > > primary entitlement means— > > > > > (a) in relation to a permittee—the number of blocks forming part of a location in the permit area in respect of which that permittee may make an application under section 41 (1), and > > > > > (b) in relation to a lessee—the number of blocks in the lease area in respect of which that lessee may make an application under section 41A (1). > > > > primary licence means a licence granted on an application under section 41 (1) or (2). > > > > pumping station means equipment for pumping petroleum or water and includes any structure associated with that equipment. > > > > Register means the Register kept in pursuance of Division 5 of Part 4. > > > > registered holder, in relation to a permit, lease, 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, pipeline licence, special prospecting authority or access authority. > > > > regulations means regulations made under this Act. > > > > royalty period, in relation to a permit, lease or licence, means— > > > > > (a) the period from and including the date from which the permit, lease or licence comes into force to the end of the month of the year during which that date occurs, and > > > > > (b) each month thereafter. > > > > secondary licence means a licence granted on an application under section 41 (3). > > > > secondary line means a pipe or system of pipes for any purpose referred to in paragraphs (a), (b), (c) and (d) of the definition of pipeline in this subsection. > > > > special prospecting authority means a special prospecting authority under Part 4. > > > > tank station means a tank or system of tanks for holding or storing petroleum and includes any structure associated with that tank or system of tanks. > > > > terminal station means a pumping station, a tank station or a valve station declared to be a terminal station under section 64 or under the Commonwealth Act or a corresponding law. > > > > the adjacent area means the area specified in Schedule 2 as being the adjacent area of New South Wales. > > > > the applied provisions means the provisions applied in accordance with section 15. > > > > the Commonwealth Act means the [Offshore Petroleum and Greenhouse Gas Storage Act 2006](http://www.legislation.gov.au/) of the Parliament of the Commonwealth as amended from time to time and any Act of Parliament of the Commonwealth with which that Act is incorporated. > > > > the Convention means the Convention entitled “Convention on the Continental Shelf” signed at Geneva on 29 April 1958, being the Convention a copy of which in the English language is set out in Schedule 1. > > > > the Joint Authority means the Commonwealth–New South Wales Offshore Petroleum Joint Authority established by the Commonwealth Act. > > > > the 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, > > > > > (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, > > > > > (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, > > > > > (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, > > > > > (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, > > > > > (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. > > > > valve station means equipment for regulating the flow of petroleum 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 connexion with petroleum exploration operations or operations for the recovery of petroleum. > > > > well means a hole in the sea-bed or subsoil made by drilling, boring or any other means in connexion with exploration for petroleum or operations for the recovery of petroleum, 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) In this Act, a reference to the term of a permit, lease, licence, pipeline licence, special prospecting authority or access authority is a reference to the period during which the permit, lease, 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, pipeline licence, special prospecting authority or access authority is a reference to the day on which the permit, lease, licence, pipeline licence, special prospecting authority or access authority ceases to be in force. > > > (3) In this Act, a reference to a year of the term of a permit, lease, licence or pipeline licence is a reference to a period of 1 year commencing on the day on which the permit, lease, licence or pipeline licence, as the case may be, comes into force or on any anniversary of that day. > > > (4) 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 firstmentioned permit to commence on the day after the date of expiration of the firstmentioned permit or on the day after the date of expiration of the permit granted upon a previous renewal of the firstmentioned permit. > > > (4A) In this Act, a reference to the renewal, or 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 firstmentioned lease was in force to commence on the day after the date of expiration of the firstmentioned lease or on the day after the date of expiration of the lease granted upon a previous renewal of the firstmentioned lease. > > > (5) 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 firstmentioned licence or on the day after the date of expiration of the licence granted upon a previous renewal of the firstmentioned licence. > > > (6) In this Act, a reference to the renewal, or to the grant of a renewal, of a pipeline licence in respect of a pipeline is a reference to the grant of a pipeline licence in respect of that pipeline to commence on the day after the date of expiration of the firstmentioned pipeline licence or on the day after the date of expiration of the pipeline licence granted upon a previous renewal of the firstmentioned pipeline licence. > > > (7) In this Act, a reference to a pipeline includes a reference to a part of a pipeline. > > > (8) In this Act, a reference to a permit, lease, licence, pipeline licence or access authority is a reference to the permit, lease, licence, pipeline licence or access authority as varied for the time being under this Act. > > > (9) 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. > > **s 5:** Am 1985 No 129, Sch 1 (1); 1986 No 59, Sch 1 (2); 2007 No 27, Sch 1.39 \[2\]; 2011 No 27, Sch 2.37; 2014 No 37, Sch 4.5 \[1\].