This Regulation sets the detailed administrative and procedural rules for onshore petroleum titles in NSW: how maps and work programs must be prepared, reporting and record‑keeping obligations, fees and royalties, land‑access arbitration, compensation processes and penalties. It affects petroleum title applicants and holders, landowners/occupiers, and the Minister/Secretary and their agencies. It matters because it fixes who pays (applicants/holders), who decides (Secretary/Minister and nominated agencies), the timelines and documentation required, and the financial and compliance incentives that shape prospecting and production activity.
The Petroleum (Onshore) Regulation 2016 (the Regulation) operationalises and supplements the Petroleum (Onshore) Act 1991 by prescribing procedures, technical requirements, record-keeping, fees, reporting obligations, royalty rates, dispute/arbitration procedures, and administrative powers that apply to petroleum onshore titles in New South Wales. Mechanically the Regulation does the following.
Prescribes mapping and plan standards for title applications and renewals, including coordinate systems and electronic formats (cl 4). For exploration licences and special prospecting authorities it requires alignment to the Graticular Reference Grid; for assessment or production leases it requires Map Grid of Australia 1994 (MGA94) coordinates and the showing of coordinates at all boundary change points (cl 4(1)-(2), (3)).
Sets the form and content of work programs supporting exploration licences and assessment leases, allowing either a fixed agenda or a two-part format with progressive agendas and making progressive agenda lodgement a title condition where the two-part format is used (cl 5-6, 7, 9, 10).
Prescribes notification, reporting and data-retention obligations: pre-commencement notice for exploration work (14 days, cl 8), annual and activity-specific reports and their deadlines (annual reports, seismic and drilling reports, partial relinquishment and final reports at cl 21-24), the Secretary’s ability to issue further report requirements (cl 25), and retention and labelling of cores, chips, samples and water samples (cl 29).
Establishes processes for land access arbitration and related procedures, including designating an access code (Exploration Code of Practice: Petroleum Land Access) with mandatory provisions (cl 16A), timeframes and documentary requirements for complaints about arbitrators and investigations by the Secretary (cl 16B-16C), and limits on cost recovery for negotiating access arrangements unless documentary evidence is provided (cl 16D).
Current sections
Direct links to the current provisions in Petroleum (Onshore) Regulation 2016.
This Regulation commences on the day on which it is published on the NSW legislation website.
3
Definitions
3 Definitions
3 Definitions
(Former clause 3 of 2007 Reg)
(1) In this Regulation—
fixed agenda means a fixed agenda referred to in clause 5 (3) or 6.
rehabilitation means the treatment or management of disturbed land or water for the purpose of establishing a safe and stable environment.
rehabilitation cost estimate means an estimate of the rehabilitation costs in relation to any land or water, prepared and calculated in accordance with guidelines approved by the Secretary.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
Note.
For the purposes of comparison, a number of provisions of this Regulation contain bracketed notes in headings drawing attention (“Former”) to equivalent or comparable (though not necessarily identical) provisions of the Petroleum (Onshore) Regulation 2007 (“2007 Reg”).
Part 2
Petroleum titles
Part 2 Petroleum titles
Part 2 Petroleum titles
4
Drawing of plans: section 13
4 Drawing of plans: section 13
4 Drawing of plans: section 13
(Former clause 4 of 2007 Reg)
(1) For the purposes of section 13 of the Act, a map or plan accompanying an application for an exploration licence or a special prospecting authority must—
(a) delineate the alignment of the boundaries of the land to which it relates relative to the Graticular Reference Grid, and
(b) describe the mapcode and blocks incorporated within the boundaries of the licence or authority.
Note.
Nothing in the Act or this Regulation requires the boundaries of an area that is intended to be comprised in a petroleum title to match or mirror the boundaries of 1 or more blocks.
(2) A map or plan accompanying an application for an assessment lease or production lease must—
(a) delineate the alignment of the boundaries of the land to which it relates relative to the Map Grid of Australia 1994 (MGA94), and
(b) show the coordinates of all points where there is a change in the direction of the boundaries.
(3) In addition, a map or plan accompanying an application for a petroleum title must—
(a) be in electronic form and drawn to an appropriate standard scale to optimally display the area to which the petroleum title is intended to apply, or
(b) if it is not possible for the map or plan to be in electronic form, be drawn on a standard topographic or cadastral map published by a State or Commonwealth Government Department, or
(c) if it is not possible for the map or plan to be in electronic form or to be drawn on such a standard topographic or cadastral map, be drawn at a scale that the Secretary has approved in writing.
(4) In this clause—
Graticular Reference Grid is defined in the NSW Block Identification Index Map 2016.
MGA94 means the Geocentric Datum of Australia 1994 (GDA94), using the Map Grid of Australia 1994 (MGA94) standard map projection expressed in Universal Transverse Mercator (UTM) projection coordinates with zones 6 degrees wide.
Note.
Clauses 12 (1) and 13 impose the same requirements for maps and plans accompanying applications for partial renewal or partial cancellation of a petroleum title as those imposed by this clause.
Section 19 (5) of the Act has the effect that the requirements of this clause extend to applications for renewal of a petroleum title. Clause 12 (2) contains additional requirements for all applications for renewal.
cl 4: Am 2016 (720), Sch 2 [1].
5
Work programs for exploration licences or assessment leases: section 14
5 Work programs for exploration licences or assessment leases: section 14
5 Work programs for exploration licences or assessment leases: section 14
(Former clause 5 of 2007 Reg)
(1) For the purposes of section 14 (1) (d) of the Act, a work program supporting an application for an exploration licence or an assessment lease must include particulars of the estimated amount of money that the applicant proposes to spend on carrying out operations and activities on the land comprised in the licence or lease.
(2) The work program supporting an application for an exploration licence or assessment lease may be prepared in either of 2 formats.
(3) Under 1 format, it may consist of a fixed agenda describing in detail the nature and extent of operations to be carried on under the licence or lease during the whole of its term.
(4) Under the other format (the 2-part format), it may be divided into 2 parts, namely—
(a) a fixed agenda describing in detail the nature and extent of operations to be carried on during an initial period (at least the first 2 years) of the term of the licence or lease, and
(b) a summary of intended operations during the remainder of the term.
(5) If prepared in the 2-part format, it is a condition of the petroleum title, if granted, that the holder of the title will provide progressive agendas in accordance with clause 6.
(6) The work program for a special prospecting authority is to be a fixed agenda describing in detail the nature and extent of operations to be carried on under the authority during the whole of its term.
6
Progressive agendas: section 14 (1) (d)
6 Progressive agendas: section 14 (1) (d)
6 Progressive agendas: section 14 (1) (d)
(Former clause 6 of 2007 Reg)
(1) For the purposes of section 14 (1) (d) of the Act, if the work program supporting an application for an exploration licence or assessment lease was prepared using the 2-part format, the holder of the licence or lease must lodge another fixed agenda of operations—
(a) for a period of not less than 2 years commencing on the conclusion of the period covered by the previous fixed agenda, or
(b) for the remainder of the term of the licence or lease.
(2) That further fixed agenda must be lodged not later than 2 calendar months before the end of the initial period covered by the fixed agenda supporting the application.
(3) In the same way, further fixed agendas must be lodged, each not later than 2 calendar months before the end of the period covered by the previous agenda, until the entire term of the licence or lease is accounted for.
(4) The Minister may require that the holder of a petroleum title revise and submit a fixed agenda lodged under this clause if the Minister is of the opinion that the fixed agenda does not meet the Minister’s minimum standards with respect to the work program.
(5) It is a condition of every exploration licence or assessment lease that the holder of the licence or lease comply with any such requirement.
7
Details to be provided: section 14
7 Details to be provided: section 14
7 Details to be provided: section 14
(Former clause 7 of 2007 Reg)
A fixed agenda must include details of—
(a) the objectives of any proposed exploration, and
(b) the methods of exploration proposed to be employed.
8
Commencement of exploration activities
8 Commencement of exploration activities
8 Commencement of exploration activities
(Former clause 8 of 2007 Reg)
Not later than 14 days before starting work on any exploration borehole, seismic survey or other exploration within the area of a petroleum title, the holder of the title must advise the Minister of the intention to commence it.
Maximum penalty—100 penalty units.
9
Work programs to be adhered to: clause 6 (1) (c) of Schedule 1B
9 Work programs to be adhered to: clause 6 (1) (c) of Schedule 1B
9 Work programs to be adhered to: clause 6 (1) (c) of Schedule 1B
(Former clause 9 of 2007 Reg)
For the purposes of clause 6 (1) (c) of Schedule 1B to the Act, it is a condition of every petroleum title that the holder of the title will—
(a) carry out the operations, and any other activities, described in the work program, as for the time being in force, in respect of the title, and
(b) comply with any commitments in relation to the conduct of operations specified in the work program, as for the time being in force, in respect of the title.
10
Variation of work programs
10 Variation of work programs
10 Variation of work programs
(Former clause 10 of 2007 Reg)
(1) The holder of a petroleum title who wishes to vary the work program in force in respect of the title must lodge a submission with the Minister providing adequate details of the variation proposed to be made and setting out the reasons for making it.
(2) The Minister may approve of the variation if the Minister is satisfied that there is just and sufficient cause for making the variation and if the revised work program meets the Minister’s requirements.
(3) The variation becomes effective when the Minister signifies approval of it by a notice in writing served on the holder of the title.
(4) The Minister’s approval of a variation may also, to any extent the Minister considers necessary or convenient, vary the requirements of this Part in so far as it applies to the holder of the title concerned.
11
Applications for low-impact prospecting titles: section 45D
11 Applications for low-impact prospecting titles: section 45D
11 Applications for low-impact prospecting titles: section 45D
(Former clause 11 of 2007 Reg)
A low-impact prospecting title is not to be granted during the period of 4 months following service of notice of the application for the title on the representative bodies referred to in section 45D (1) (c) of the Act.
12
Applications for renewal of petroleum titles: section 19 (2AA) and (2AB)
12 Applications for renewal of petroleum titles: section 19 (2AA) and (2AB)
12 Applications for renewal of petroleum titles: section 19 (2AA) and (2AB)
(Former clause 11A of 2007 Reg)
(1) For the purposes of section 19 (2AA) (b) of the Act, in the case of an application for renewal of a petroleum title that relates to part only of the land comprised in the title, the prescribed manner of describing the land is by means of a map prepared in accordance with the requirements of clause 4 for a map accompanying an application for a petroleum title of that type.
(2) For the purposes of section 19 (2AB) (b) of the Act, an application for renewal of a petroleum title must be accompanied by the following information—
(a) particulars of the financial capability and relevant technical advice available to the applicant,
(b) a renewal justification statement, that is, a statement that contains the following information—
(i) details of the operations carried out on the land comprised in the title during the current term of the title, including the following—
(A) the types of operations carried out,
(B) a map showing the location of operations carried out,
(C) any expenditure incurred in relation to those operations,
(ii) a summary of the known resources, and potential resources, on the land comprised in the title,
(iii) a summary of the potential for the development of resources on the land comprised in the title,
(iv) a statement giving the reasons for which the applicant considers the renewal to be justified,
(c) a rehabilitation cost estimate in relation to the title,
(d) a work program for the proposed term of renewal that complies with the requirements of section 14 of the Act.
Note.
Clause 4 imposes requirements for maps and plans accompanying applications for a petroleum title. Section 19 (5) of the Act has the effect that the requirements of clause 4 extend to applications for renewal of a petroleum title.
13
Cancellation of petroleum titles: section 22 (2)
13 Cancellation of petroleum titles: section 22 (2)
13 Cancellation of petroleum titles: section 22 (2)
(Former clause 11B of 2007 Reg)
For the purposes of section 22 (2) of the Act, in relation to a request for the cancellation of a petroleum title that relates to part only of the land comprised in the title, the prescribed manner of describing the land is by means of a map prepared in accordance with the requirements of clause 4 for a map accompanying an application for a petroleum title of that type.
14
Records of titles: section 95
14 Records of titles: section 95
14 Records of titles: section 95
(Former clause 12 of 2007 Reg)
For the purposes of section 95 (2) of the Act, the record required to be kept—
(a) must be kept in written or electronic form, and
(b) must contain the following particulars—
(i) the type of petroleum title and the identifying number or code allocated to it,
(ii) the date on which the petroleum title was first granted,
(iii) the name and address of each person who is a holder of the petroleum title,
(iv) a description of the land over which the petroleum title is in force,
(v) the annual rental fee area for a petroleum title granted or proposed to be granted, if the Secretary is required to keep a record of the annual rental fee area under Part 7,
(vi) the period for which the petroleum title is to have effect,
(vii) the current status of the petroleum title (that is, “current”, “expired” or “cancelled”),
(viii) any interest registered under section 97 of the Act in relation to the petroleum title.
15
Prescribed particulars for transfers of titles: section 96
15 Prescribed particulars for transfers of titles: section 96
15 Prescribed particulars for transfers of titles: section 96
(Former clause 13 of 2007 Reg)
For the purposes of section 96 (2) (c) of the Act, the following particulars are prescribed—
(a) the name of the proposed transferee,
(b) a description of the financial resources available to the proposed transferee,
(c) details of any person providing technical advice to the proposed transferee,
(d) a description of the proposed work program,
(e) an estimate of the amount of money proposed to be expended on prospecting,
(f) a rehabilitation cost estimate in relation to the title.
16
Beneficial use of gas: section 28B
16 Beneficial use of gas: section 28B
16 Beneficial use of gas: section 28B
(Former clause 13A of 2007 Reg)
(1) For the purposes of section 28B (1) (a) of the Act—
(a) all assessable prospecting operations authorised by an exploration licence or assessment lease, and by an activity approval, may be carried out to enable the beneficial use of gas, and
(b) all operations authorised by an exploration licence or assessment lease in relation to which a relevant development consent is in force authorising works that facilitate the beneficial use of gas may be carried out to enable the beneficial use of gas.
(2) For the purposes of the Act, section 28B(1)(b), and in relation only to an assessable prospecting operation authorised by an activity approval, gas cannot be used beneficially unless the activity approval for the assessable prospecting operation involved specifically extends to include the beneficial use of the gas.
(3) For the purposes of section 28B (2) of the Act, royalty is payable under and in accordance with Part 7 of the Act in respect of any petroleum recovered by the holder of the petroleum title and used beneficially.
(1) For the purposes of section 69DA (1) of the Act, the document entitled “Exploration Code of Practice: Petroleum Land Access” published by the Department on 1 December 2016 is prescribed.
(2) For the purposes of section 69DA (2) of the Act, the provisions of that code that appear under the heading “Part C—Mandatory Provisions” are designated as mandatory provisions.
(3) This clause does not apply in relation to an access arrangement where notice of intention to seek the access arrangement was given before 1 December 2016.
pt 2A (cll 16A–16D): Ins 2016 (720), Sch 2 [2].
16B
Making of complaints about Arbitration Panel arbitrators: section 69W (3) (a)
16B Making of complaints about Arbitration Panel arbitrators: section 69W (3) (a)
16B Making of complaints about Arbitration Panel arbitrators: section 69W (3) (a)
For the purposes of section 69W (3) (a) of the Act, a complaint made about an arbitrator appointed under section 69G or 69HA (7) (b) of the Act—
(a) must be made in writing to the Secretary, and
(b) must be made within 14 days after the subject matter of the complaint first becomes known to the person making the complaint, unless the Secretary considers special circumstances exist that warrant a complaint being permitted to be made after that date.
pt 2A (cll 16A–16D): Ins 2016 (720), Sch 2 [2].
16C
Investigation by Secretary of complaints about Arbitration Panel arbitrators: section 69W (3) (b)
16C Investigation by Secretary of complaints about Arbitration Panel arbitrators: section 69W (3) (b)
16C Investigation by Secretary of complaints about Arbitration Panel arbitrators: section 69W (3) (b)
(1) For the purposes of section 69W (3) (b) of the Act—
(a) the Secretary must provide notice of a complaint made under section 69W (1) of the Act by a party to an arbitration to—
(i) the other party to the arbitration, and
(ii) the arbitrator who is the subject of the complaint, and
(b) that notice must include—
(i) the name and address of the party making the complaint, and
(ii) details about the nature of the complaint, and
(iii) details of any evidence provided by the party making the complaint that supports the complaint.
(2) The Secretary must—
(a) provide an arbitrator the subject of a complaint under section 69W (1) of the Act with a reasonable opportunity to make any submissions about the complaint, and
(b) take any submissions made by the arbitrator into consideration when determining whether to remove the arbitrator under section 69W (1) of the Act.
(3) Any determination of the Secretary after the investigation of a complaint against an arbitrator must—
(a) be in writing, and
(b) set out the reasons for the determination made in relation to the complaint, and
(c) be given to the party that made the complaint, and the arbitrator who is the subject of the complaint, as soon as practicable.
pt 2A (cll 16A–16D): Ins 2016 (720), Sch 2 [2].
16D
Costs relating to access arrangements: section 69E (2F)
16D Costs relating to access arrangements: section 69E (2F)
16D Costs relating to access arrangements: section 69E (2F)
For the purposes of section 69E (2F) of the Act, the payment of costs is not required unless documentary evidence of the incurring of those costs (including costs relating to time spent participating in negotiating the access arrangement) has been provided to the holder of the prospecting title.
pt 2A (cll 16A–16D): Ins 2016 (720), Sch 2 [2].
Part 3
Use of information and protected documents
Part 3 Use of information and protected documents
Part 3 Use of information and protected documents
17
Use of audit information: section 83H
17 Use of audit information: section 83H
17 Use of audit information: section 83H
(Former clause 14 of 2007 Reg)
For the purposes of the definition of relevant agency in section 83H (3) of the Act, the following legislation is prescribed—
Keeping of geological plans, maps and records: section 97A
20 Keeping of geological plans, maps and records: section 97A
20 Keeping of geological plans, maps and records: section 97A
(Former clause 16A of 2007 Reg)
(1) For the purposes of section 97A (a) of the Act—
(a) the holder of a petroleum title must, in accordance with written directions issued from time to time by the Secretary, keep geological plans, maps and records relating to the land comprised in the title, and
(b) those records must include a summary of the operations conducted during the period to which the records relate, together with details of expenditure in respect of each such operation.
(2) For the purposes of section 97A (b) of the Act, the holder of a petroleum title must, in accordance with written directions issued from time to time by the Minister, furnish to the Minister such geological and other plans and information as to the progress of operations on such land within the time specified by the Minister.
(3) The requirements of this clause are in addition to the other requirements of this Part.
21
Annual reports: section 97C
21 Annual reports: section 97C
21 Annual reports: section 97C
(Former clause 16B of 2007 Reg)
(1) For the purposes of section 97C (2) (a) of the Act, the holder of a petroleum title must prepare and lodge with the Secretary an annual report that complies with this clause.
(2) An annual report must be lodged within 1 calendar month of the grant anniversary date (within the meaning of section 94B of the Act), or such other date notified by the Secretary in writing, regardless of whether an application to renew the petroleum title area has been lodged and not yet determined.
(3) An annual report must contain the following—
(a) full particulars of all surveys and other operations and activities carried out by or on behalf of the holder of the petroleum title during the preceding 12-month period within which the petroleum title had effect,
(b) details of expenditure on operations and activities carried out by or on behalf of the holder of the petroleum title during the preceding 12-month period within which the petroleum title had effect,
(c) the results and conclusions of such surveys and any other operations,
(d) the operations proposed to be conducted during the next 12-month period.
22
Reports on drilling and seismic activities: section 97C
22 Reports on drilling and seismic activities: section 97C
22 Reports on drilling and seismic activities: section 97C
(Former clause 16C of 2007 Reg)
(1) For the purposes of section 97C (2) (a) of the Act, the holder of a petroleum title must prepare and lodge with the Secretary a report that complies with this clause on the operations carried out under the title in relation to—
(a) each seismic program, and
(b) the drilling of each borehole.
(2) A report on a seismic program or the drilling of a borehole must be lodged within 6 months after the completion of the program or the drilling of the borehole concerned.
(3) A report on a seismic program or the drilling of a borehole must provide details on the operations carried out in the activity concerned, together with all raw and processed data and the conclusions drawn from it.
23
Partial relinquishment reports: section 97C
23 Partial relinquishment reports: section 97C
23 Partial relinquishment reports: section 97C
(Former clause 16D of 2007 Reg)
(1) For the purposes of section 97C (2) (a) of the Act, the holder of a petroleum title must prepare and lodge with the Secretary a partial relinquishment report that complies with this clause when the holder’s title has been—
(a) partially cancelled, or
(b) renewed over an area of land that is less than the area over which the petroleum title applied prior to its renewal.
(2) A partial relinquishment report must be lodged with the Secretary within 1 calendar month after the Secretary gives notice of the cancellation or renewal as referred to in subclause (1).
(3) A partial relinquishment report is only required in relation to the area of land that formed part of the authority before the cancellation or renewal of the kind referred to in subclause (1).
(4) A partial relinquishment report must contain the following—
(a) a summary of all surveys and other operations carried out by or on behalf of the holder of the petroleum title during the period within which the land that has been relinquished was subject to the petroleum title,
(b) detailed data of all surveys and other operations,
(c) the results and conclusions of such surveys and any other operations.
24
Final reports: section 97C
24 Final reports: section 97C
24 Final reports: section 97C
(Former clause 16E of 2007 Reg)
(1) For the purposes of section 97C (2) (a) of the Act, the holder of a petroleum title must prepare and lodge with the Secretary a final report that complies with this clause.
(2) A final report must be lodged with the Secretary within 1 calendar month after the expiry or cancellation of the petroleum title.
(3) A final report must contain the following—
(a) a summary of all surveys and other operations carried out by or on behalf of the holder of the petroleum title during the period within which the land that has been relinquished was subject to the title,
(b) detailed data of all surveys and other operations not previously provided,
(c) the results and conclusions of such surveys and any other operations.
25
Requirements of reports
25 Requirements of reports
25 Requirements of reports
(Former clause 16F of 2007 Reg)
(1) The Secretary may issue further requirements relating to reports under clause 21, 22, 23 or 24. Any such requirements must be published in the Gazette.
(2) A report under clause 21, 22, 23 or 24 must be prepared and lodged in accordance with any requirements issued by the Secretary.
26
Maps, plans and data in reports
26 Maps, plans and data in reports
26 Maps, plans and data in reports
(Former clause 16G of 2007 Reg)
A report under clause 21, 22, 23 or 24 must contain all maps, plans and data that are necessary to satisfactorily interpret and evaluate the report.
27
Extension of time to lodge reports: section 97C (2) (b)
27 Extension of time to lodge reports: section 97C (2) (b)
27 Extension of time to lodge reports: section 97C (2) (b)
(Former clause 16H of 2007 Reg)
(1) The holder of a petroleum title may apply to the Secretary for an extension of the period during which a report must be lodged under clause 21 (2), 22 (2), 23 (2) or 24 (2).
(2) An application for an extension must be lodged with the Secretary not less than 30 days before the date the report is required to be lodged and must contain the following information—
(a) the authority number or other identifying code for the petroleum title,
(b) the name of the holder of the petroleum title,
(c) the period of the extension sought,
(d) the reason for seeking the extension.
(3) On receipt of an application for an extension the Secretary may—
(a) grant an extension of the time by which a report must be lodged, or
(b) refuse the application.
(4) The Secretary must advise the applicant of the determination in writing within 21 days after receipt of the application.
28
Exemption from obligation to prepare and lodge reports: section 97C (2) (b)
28 Exemption from obligation to prepare and lodge reports: section 97C (2) (b)
28 Exemption from obligation to prepare and lodge reports: section 97C (2) (b)
(Former clause 16H of 2007 Reg)
(1) For the purposes of section 97C (2) (b) of the Act, the Secretary may, by order published in the Gazette, exempt any person, class of persons, petroleum title or class of petroleum titles from a requirement to prepare and lodge a report under clause 21, 22, 23 or 24.
(2) The holder of a petroleum title may apply to the Secretary for an exemption from a requirement to prepare and lodge a report under section 97C of the Act.
(3) An application for an exemption must be lodged with the Secretary not less than 30 days before the date the report is required to be lodged and must contain the following information—
(a) the authority number or other identifying code for the petroleum title,
(b) the name of the holder of the petroleum title,
(c) the reason for seeking the exemption.
(4) On receipt of an application for an exemption the Secretary may—
(a) grant an exemption, or
(b) refuse the application.
(5) The Secretary must advise the applicant of the determination in writing within 21 days after receipt of the application.
29
Collection of cores and samples: section 97G
29 Collection of cores and samples: section 97G
29 Collection of cores and samples: section 97G
(Former clause 16I of 2007 Reg)
For the purposes of section 97G of the Act, the holder of a petroleum title must—
(a) so far as is reasonably practicable, collect, retain and preserve—
(i) all drill cores and percussion chips remaining after sampling, including any material obtained under previous petroleum titles, and
(ii) all characteristic samples of the rock or strata encountered on any drill hole or well on the land comprised in the petroleum title, including any material obtained under previous petroleum titles, and
(iii) samples of any petroleum discovered in any well on such land, and
(b) collect, retain and preserve samples of any water discovered in any well on the land comprised in the petroleum title, where requested to do so by written notice from the Secretary, and
(c) label any such drill core, percussion chips or samples for reference, and
(d) so far as is reasonably practicable, preserve the integrity of any such drill core, percussion chip or sample for the life of the title, and
(e) if the holder of the title intends to dispose of any of the drill cores, percussion chips or samples—
(i) offer those drill cores, percussion chips or samples to the Secretary for preservation, and
(ii) if requested to do so, provide them to the Secretary for preservation in such manner as the Secretary determines.
Part 5
Compensation
Part 5 Compensation
Part 5 Compensation
30
Time allowed for parties to agree: section 108
30 Time allowed for parties to agree: section 108
30 Time allowed for parties to agree: section 108
(Former clause 17 of 2007 Reg)
For the purposes of section 108 (2) of the Act, the prescribed time is 30 days after the service by either party on the other of a notice requiring an agreement as to the amount of compensation payable.
30A
Matters for consideration by court, person or body in determining compensation: section 109 (4)
30A Matters for consideration by court, person or body in determining compensation: section 109 (4)
30A Matters for consideration by court, person or body in determining compensation: section 109 (4)
For the purposes of section 109 (4) of the Act, in making an assessment of the compensation to be paid to a person having any estate or interest in land, the following matters are prescribed—
(a) the nature, quality, area and particular characteristics of the land concerned,
(b) the proximity of the land to any building, structure, road, track or other facility,
(c) the purpose for which the land is normally used,
Manner of assessing and determining compensation by Land and Environment Court: section 110
31 Manner of assessing and determining compensation by Land and Environment Court: section 110
31 Manner of assessing and determining compensation by Land and Environment Court: section 110
(Former clause 18 of 2007 Reg)
(1) If compensation is to be assessed by the Land and Environment Court, 7 days’ notice must be given to all persons appearing to the Court to be interested in the assessment.
(2) Proceedings may be conducted for the purposes of the assessment in the Land and Environment Court or on the land concerned.
cl 31: Am 2016 (720), Sch 2 [4].
32
Manner of payment
32 Manner of payment
32 Manner of payment
(Former clause 19 of 2007 Reg)
(1) The Land and Environment Court may order that compensation be paid into court in 1 amount or in instalments.
(2) The order is to fix the time within which any such payment is required to be made.
Part 6
Agents
Part 6 Agents
Part 6 Agents
33
Agents: section 134
33 Agents: section 134
33 Agents: section 134
(Former clause 20 of 2007 Reg)
(1) The following persons may appoint 1 or more agents for the purposes of the Act and this Regulation—
(a) the holder of a petroleum title,
(b) an applicant for a petroleum title,
(c) any person who owns or occupies land over which a petroleum title is in force or to which an application for a petroleum title relates.
(2) The Secretary may refuse to deal with a person who claims to be acting as an agent unless notice of the person’s appointment as an agent, and of the agent’s powers and functions in relation to the Act and this Regulation, have been served on the Secretary.
(3) The appointment of a person as an agent for the service of documents on the principal does not render invalid the service of any document otherwise than on the agent.
34
Notification of agents: section 97F
34 Notification of agents: section 97F
34 Notification of agents: section 97F
(Former clause 20A of 2007 Reg)
For the purposes of section 97F of the Act—
(a) a person who has appointed an agent for the purposes of that section must provide written notice of the appointment to the Secretary, and
(b) any notice of that same person’s appointment under section 134 of the Act (made in accordance with clause 33 (2)) is sufficient notice for the purposes of section 97F of the Act.
Part 7
Fees
Part 7 Fees
Part 7 Fees
Division 1
General
Division 1 General
Division 1 General
35
Fees
35 Fees
35 Fees
(Former clause 21 of 2007 Reg)
(1) The fees prescribed in Schedule 1 are payable in connection with the matters indicated in that Schedule.
(2) Copies of or extracts from any record may be obtained from the Department on payment of such charge as the Secretary may determine.
Division 2
Annual rental fees
Division 2 Annual rental fees
Division 2 Annual rental fees
36
Calculation of annual rental fee
36 Calculation of annual rental fee
36 Calculation of annual rental fee
(Former clause 22A of 2007 Reg)
(1) An annual rental fee specified in Schedule 1 as per block, per hectare, per square kilometre or per unit is to be calculated on the basis of the annual rental fee area.
(2) The annual rental fee area is the number of blocks, hectares, square kilometres or units of land comprised in the annual rental fee area for the petroleum title for which the annual rental fee is payable, as specified in the record kept by the Secretary under the Act.
(3) If the annual rental fee area includes a part of a unit or block, that part is to be disregarded.
(4) If the annual rental fee area includes a part of a hectare, or square kilometre, that part is to be included in the calculation.
(5) If there is no annual rental fee area for a petroleum title for which an annual rental fee is payable, the annual rental fee is to be calculated as if the description of the land over which the petroleum title is in force, as specified in the record of the petroleum title kept by the Secretary under the Act, were the annual rental fee area.
(6) To avoid doubt, subclause (5) continues to apply until an annual rental fee area is determined for the petroleum title under this Division and specified in the record kept by the Secretary under the Act.
37
Annual rental fee area
37 Annual rental fee area
37 Annual rental fee area
(Former clause 22B of 2007 Reg)
(1) The Secretary is to determine an annual rental fee area for any petroleum title that is granted or proposed to be granted on or after 1 July 2012.
(2) The Secretary may determine (and must determine, if required to do so by this Division) an annual rental fee area for a petroleum title granted before 1 July 2012.
(3) The annual rental fee area is a description of the land to which the petroleum title applies, or is proposed to apply, in terms that enable an annual rental fee payable under Part 7A of the Act to be calculated in respect of the petroleum title.
(4) Exclusions specified, or proposed to be specified, in a petroleum title are to be counted towards the annual rental fee area.
(5) The Secretary is required to record an annual rental fee area determined under this clause in the record kept by the Secretary under section 95 of the Act.
(6) The Secretary may, if the Secretary considers it is fair and reasonable to do so, revise his or her determination of the annual rental fee area for a petroleum title by varying the determination or substituting a new determination.
(7) If the Secretary revises his or her determination of the annual rental fee area for a petroleum title, the Secretary is to update the record of the annual rental fee area kept under section 95 of the Act to reflect that revision.
(8) It is not necessary to determine an annual rental fee area in respect of a petroleum title if the petroleum title is exempt from the requirement to pay an annual rental fee.
38
Minimum annual rental fee
38 Minimum annual rental fee
38 Minimum annual rental fee
(Former clause 22C of 2007 Reg)
If the annual rental fee payable in respect of a petroleum title under Part 7A of the Act would, but for this clause, be less than $100, the annual rental fee is taken to be $100.
39
References to initial term, second and subsequent terms (Schedule 1)
39 References to initial term, second and subsequent terms (Schedule 1)
39 References to initial term, second and subsequent terms (Schedule 1)
(Former clause 22D of 2007 Reg)
(1) In Schedule 1, a reference to the initial term of a petroleum title is a reference to the initial term for which the petroleum title is granted.
(2) The initial term of a petroleum title does not include any period starting when the title, as granted, would have expired, but for section 20 of the Act, and during which the title continues in force under that section.
(3) In Schedule 1, a reference to the second term of a petroleum title is a reference to—
(a) any part of the term of the petroleum title that starts when the initial term ends and during which the title continues in force under section 20 of the Act, and
(b) the term (if any) for which the title is first renewed.
(4) The second term of a petroleum title does not include the period starting when the title, as renewed, would have expired, but for section 20 of the Act, and during which the title continues in force under that section.
(5) In Schedule 1, a reference to a subsequent term of a petroleum title is a reference to—
(a) any part of the term of the petroleum title that starts when the previous term ends and during which the title continues in force under section 20 of the Act, and
(b) the term (if any) for which the title is subsequently renewed.
(6) A subsequent term of a petroleum title does not include the period starting when the title, as renewed, would have expired, but for section 20 of the Act, and during which the title continues in force under that section.
(7) A term of a petroleum title is after another term, for the purposes of Schedule 1, if it starts when, or at any time after, the other term ends.
40
Grant anniversary date occurring during period in which petroleum title is automatically extended
40 Grant anniversary date occurring during period in which petroleum title is automatically extended
40 Grant anniversary date occurring during period in which petroleum title is automatically extended
(Former clause 22F of 2007 Reg)
(1) The amount of the annual rental fee payable under Part 7A of the Act in respect of a grant anniversary date that occurs during a period in which a petroleum title is taken to continue in force under section 20 of the Act is to be reassessed if the Minister finally disposes of an application for renewal of the petroleum title by refusing it.
(2) In such a case, the annual rental fee payable in respect of the most recent grant anniversary date to have occurred is taken to be the relevant proportion of the annual rental fee that, but for this clause, would be payable.
(3) The relevant proportion is the proportion that the number of days in the period from (and including) that most recent grant anniversary date to (but not including) the date the application is refused bears to 366 days.
(4) A refund is to be provided, as necessary, in accordance with the reassessment.
Division 3
Administrative levies
Division 3 Administrative levies
Division 3 Administrative levies
41
Grant anniversary date occurring during period in which petroleum title is automatically extended
41 Grant anniversary date occurring during period in which petroleum title is automatically extended
41 Grant anniversary date occurring during period in which petroleum title is automatically extended
(Former clause 22H of 2007 Reg)
(1) The amount of the administrative levy payable under Part 7A of the Act in respect of a grant anniversary date that occurs during a period in which a petroleum title is taken to continue in force under section 20 of the Act is to be reassessed if the Minister finally disposes of an application for renewal of the petroleum title by refusing it.
(2) In such a case, the administrative levy payable in respect of the most recent grant anniversary date to have occurred is taken to be the relevant proportion of the administrative levy that would, but for this clause, be payable.
(3) The relevant proportion is the proportion that the number of days in the period from (and including) that most recent grant anniversary date to (but not including) the date the application is refused bears to 366 days.
(4) A refund is to be provided, as necessary, in accordance with the reassessment.
Part 8
Royalty
Part 8 Royalty
Part 8 Royalty
42
Rate of royalty: section 85
42 Rate of royalty: section 85
42 Rate of royalty: section 85
(Former clause 23 of 2007 Reg)
For the purposes of section 85 (2) of the Act, the prescribed annual rate of royalty is 10% of the value at the well-head of the petroleum.
For the purposes of Division 3 of Part 14 of the Mining Act 1992, the prescribed annual rate of royalty is 10% of the value at the well-head of the petroleum.
44
Definitions
44 Definitions
44 Definitions
(Former clause 24AB (1) of 2007 Reg)
In this Division—
authorised fund means a fund the subject of an order under clause 45.
exploration phase, in relation to a petroleum title, means the period during which the holder of that petroleum title carries out prospecting in the project area for that title under the authority of an exploration licence, assessment lease or special prospecting authority.
project area, in relation to a petroleum title held by a person, means the local government area in which prospecting or mining authorised by the petroleum title is carried out and any local government area adjacent to that area that is affected by that prospecting or mining.
45
Declaration of authorised funds
45 Declaration of authorised funds
45 Declaration of authorised funds
(Former clause 24AB (2)–(5) of 2007 Reg)
(1) The Minister may, by order published in the Gazette, declare a fund that is administered by a government entity, and that has as its principal object the provision of benefit to the community, to be an authorised fund for the purpose of this Division.
(2) An order must specify the geographical area to which the authorised fund relates.
(3) An order may also specify the following—
(a) the government entity that administers the relevant authorised fund,
(b) the guidelines that must be followed by that government entity in administering the authorised fund.
(4) The entity that administers an authorised fund is to—
(a) comply with any guidelines specified in the order that declares the fund to be an authorised fund, and
(b) notify the Chief Commissioner, at the end of each financial year, of the details of any holder of a petroleum title who has made a contribution to an authorised fund and the value of the contributions made to the fund.
46
Rebates against royalty payable
46 Rebates against royalty payable
46 Rebates against royalty payable
(Former clause 24AB (6)–(9) of 2007 Reg)
(1) For the purposes of section 91A of the Act, the holder of a petroleum title is eligible for a rebate of royalty payable by the holder in respect of petroleum recovered by that holder under that petroleum title, or any other petroleum title in the same project area as the title in respect of which royalty was paid or is payable, if—
(a) a contribution was made to an authorised fund by that holder of that title in respect of any petroleum title held by that holder in the project area, and
(b) any part of the project area to which the petroleum title relates is located within the area specified in the Ministerial order as the area to which the authorised fund relates, and
(c) refunds or rebates, or both, have not previously been paid or claimed in respect of the total amount of the contribution in the year.
(2) A rebate under this clause—
(a) first becomes payable at the end of the first full financial year (1 July to 30 June) in which the holder of the title recovers petroleum in relation to which royalty is payable under the authority of a production lease in the title’s project area (the first full production year), and
(b) is to be offset against the amount of royalties owing by the holder of the title for any title in the same project area in the relevant financial year.
(3) To avoid doubt, in the case where the holder of a petroleum title made a contribution to an authorised fund during the exploration phase that relates to the title, the rebate is carried over and credited against royalty payable in the first full production year referred to in subclause (2) (a).
(4) The amount that a holder of a petroleum title who is liable to pay royalty in a financial year is entitled to claim as a rebate on the royalty payment in the same year as a contribution is made, or that is carried over in accordance with subclause (3), is $1 for every $2 that the holder of the title contributed to an authorised fund, up to a maximum of 10% of the royalty payable by the holder of the title in relation to production in the title’s project area in that year.
47
Refunds of royalty paid
47 Refunds of royalty paid
47 Refunds of royalty paid
(Former clause 24AB (10)–(12) of 2007 Reg)
(1) For the purposes of section 91A of the Act, the holder of a petroleum title is eligible for a refund of royalty paid by the holder in respect of petroleum recovered by that holder under that petroleum title, or any other petroleum title in the same project area as the title in respect of which royalty was paid or is payable, if—
(a) a contribution was made to an authorised fund by that holder of that title in respect of any petroleum title held by that holder in the project area, and
(b) any part of the project area to which the petroleum title relates is located within the area specified in the Ministerial order as the area to which the authorised fund relates, and
(c) an overpayment of royalty has been paid after a rebate has been calculated and any possible rebate against royalty has been exhausted, and
(d) refunds or rebates, or both, have not previously been paid or claimed in respect of the total amount of the contribution in the year.
(2) A refund under this clause first becomes payable at the end of the first full financial year (1 July to 30 June) in which the holder of the title recovers petroleum, in relation to which royalty was paid, under the authority of a production lease in the title’s project area.
(3) The amount that a holder of a petroleum title who was paid royalty in a financial year is entitled to claim as a refund on royalty paid in the same year as a contribution is made is $1 for every $2 that the holder of the title contributed to an authorised fund, up to a maximum of 10% of the royalty paid by the holder of the title in relation to production in the title’s project area in that year.
48
Refunds (of royalty paid) and rebates (against royalty payable)
48 Refunds (of royalty paid) and rebates (against royalty payable)
48 Refunds (of royalty paid) and rebates (against royalty payable)
(Former clause 24AB (13) and (14) of 2007 Reg)
(1) A refund or rebate does not apply in relation to any period where the obligation to pay royalty arose because gas was beneficially produced during the exploration phase in relation to the title, in accordance with section 28B (Right to beneficial use of gas yielded through prospecting) of the Act and clause 16.
(2) To avoid doubt, no refund or rebate is payable in relation to any interest earned on any contribution to an authorised fund.
Part 9
Miscellaneous
Part 9 Miscellaneous
Part 9 Miscellaneous
49
Minimum deposit—security deposit conditions
49 Minimum deposit—security deposit conditions
49 Minimum deposit—security deposit conditions
(Former clause 24A of 2007 Reg)
For the purposes of section 106H of the Act, the minimum deposit for a petroleum title is $10,000.
50
Notifications of commencement of commercial production
50 Notifications of commencement of commercial production
50 Notifications of commencement of commercial production
(Former clause 25 of 2007 Reg)
(1) It is a condition of every assessment lease or production lease in force under the Act that—
(a) the holder of the lease must notify the Secretary in writing of the date on which commercial production first commences on the land to which the lease relates, and
(b) the notification must be given within the period of 7 days after that date.
(2) In this clause—
commercial production of petroleum means the use by, or supply to, any person (including the holder of a petroleum title or of a mining lease under the Mining Act 1992) of any petroleum extracted from an area of land to which a petroleum title or mining lease relates for any purpose (but not for well assessment, flaring or equipment testing that does not result in the generation of energy or supply of petroleum for commercial purposes).
51
Certificates of authority: section 104N
51 Certificates of authority: section 104N
51 Certificates of authority: section 104N
(Former clause 28 of 2007 Reg)
(1) For the purpose of authorising a person to exercise a power conferred by Part 9 of the Act, the Secretary may issue the person with a certificate of authority.
(2) The certificate must be signed by the Secretary (or by the Secretary’s delegate, if issued under delegation) and must include the following particulars—
(3) Such a certificate is the form of evidence required for the purposes of section 104N (1) (b) of the Act.
51A
Meaning of “well-head”—the Act, s 3(1), definition of “well-head”
51A Meaning of “well-head”—the Act, s 3(1), definition of “well-head”
51A Meaning of “well-head”—the Act, s 3(1), definition of “well-head”
A well-head, of petroleum—
(a) means the equipment installed at the surface of a well to contain pressure and provide an interface for drilling and production equipment, and
(b) includes the following—
(i) the casing head,
(ii) a casing hanger or spool,
(iii) a tubing hanger,
(iv) flow equipment, up to and including the wing valves.
cl 51A: Ins 2022 (805), sec 3.
52
Penalty notice offences and penalties: section 125N
52 Penalty notice offences and penalties: section 125N
52 Penalty notice offences and penalties: section 125N
(Former clause 29 of 2007 Reg)
(1) For the purposes of section 125N of the Act—
(a) each offence created by a provision specified in Column 1 of Schedule 2 is an offence for which a penalty notice may be served, and
(b) the penalty prescribed for each such offence is—
(i) in the case of an offence committed by an individual—the amount specified opposite the provision in Column 2 of the Schedule, or
(ii) in the case of an offence committed by a body corporate—the amount specified opposite the provision in Column 3 of the Schedule.
(2) If the reference to a provision in Column 1 of Schedule 2 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.
53
References to officers in petroleum titles: section 138B
53 References to officers in petroleum titles: section 138B
53 References to officers in petroleum titles: section 138B
(Former clause 30 of 2007 Reg)
Pursuant to section 138B of the Act, a reference in any petroleum title to any of the following officers is, for the purpose of the performance of a function involving rehabilitation or environmental requirements, taken to be a reference to the Minister—
(2) Any act, matter or thing that, immediately before the repeal of the Petroleum (Onshore) Regulation 2007, had effect under that Regulation continues to have effect under this Regulation.
(3) The reference to Dams Safety NSW in clause 18 (2) (a) includes a reference to the Dams Safety Committee constituted under the Dams Safety Act 1978, until that Act is repealed.
Schedule 1
Fees
Schedule 1 Fees
Schedule 1 Fees
(Part 7)
| Matter | Fee |
| General administrative fees | |
| On application for a petroleum title (section 12) | $50,000 |
| On application for a renewal of a petroleum title (section 19) | $1,000 |
| On application for approval of a transfer of a title, for each title | $1,000 |
| On application by a person for the grant of an easement or right of way under section 105 | $1,000 |
| On application by a person for the grant of a right of way under section 106 | $1,000 |
| Release of information in accordance with a request under section 113E | 120% of the cost to the Department of making available the information to which the request relates |
| Inspection of cores, cuttings or samples in accordance with a request under section 113F | 120% of the cost to the Department of making available the cores, cuttings or samples to which the request relates |
| Release of information or summary in accordance with a request under section 113G or 113H | 120% of the cost to the Department of making available the information to which the request relates |
| Title fees | |
| Title fee—on grant of a petroleum exploration licence (section 94F)— | |
| (a) for a term of less than 3 years | $10,000 |
| (b) for a term of not less than 3 years | $15,000 |
| Title fee—on renewal of a petroleum exploration licence (section 94F)— | |
| (a) for a term of less than 3 years | $10,000 |
| (b) for a term of not less than 3 years | $15,000 |
| Title fee—on grant of a petroleum assessment lease (section 94F)— | |
| (a) for a term of less than 3 years | $10,000 |
| (b) for a term of not less than 3 years | $15,000 |
| Title fee—on renewal of a petroleum assessment lease (section 94F)— | |
| (a) for a term of less than 3 years | $10,000 |
| (b) for a term of not less than 3 years | $15,000 |
| Title fee—on grant of a petroleum production lease (section 94F)— | |
| (a) if associated with methane drainage in or over a colliery | $5,000 |
| (b) in any other case | $40,000 |
| Title fee—on renewal of a petroleum production lease (section 94F)— | |
| (a) if associated with methane drainage in or over a colliery | $5,000 |
| (b) in any other case | $40,000 |
| Title fee—on grant of a special prospecting authority (section 94F) | $1,000 |
| Annual rental fees | |
| Annual rental fee—petroleum exploration licence (section 94I)— | |
| (a) for a grant anniversary date occurring during the initial term of the licence | $60 per block or $2.40 per unit |
| (b) for a grant anniversary date occurring during the second term of the licence | $104 per block or $4.16 per unit |
| (c) for a grant anniversary date occurring during any subsequent term of the licence after the second term | $187.50 per block or $7.50 per unit |
| Annual rental fee—assessment lease (section 94I)— | |
| (a) for a grant anniversary date occurring during the initial term of the lease | $9,000 per block or $120 per sq km |
| (b) for a grant anniversary date occurring during any subsequent term of the lease | $18,000 per block or $240 per sq km |
| Annual rental fee—special prospecting authority (section 94I) | $18.75 per block |
| Annual rental fee—production lease (section 94I) | $10,000 per block or $133.33 per sq km or $1.33 per ha |
sch 1: Am 2018 (22), cl 3.
Schedule 2
Penalty notice offences
Schedule 2 Penalty notice offences
Schedule 2 Penalty notice offences
(Clause 52)
| Column 1 | Column 2 | Column 3 |
| Offence | Natural person | Body corporate |
| Section 7 (1) | $2,500 | $5,000 |
| Section 78A | $2,500 | $5,000 |
| Section 91 (1A) | $2,500 | $5,000 |
| Section 94C (3) | $500 | $1,000 |
| Section 97C (3) | $1,250 | $2,500 |
| Section 104O (1) (in relation to a failure to comply with a requirement under section 101, 104, 104C or 104F) | $1,250 | $2,500 |
| Section 104O (1) (in relation to failure to comply with a requirement under section 104H (1)) | $500 | — |
| Section 104O (3) | $1,250 | $2,500 |
| Section 125C | $250 | — |
| Section 125D | $1,250 | $2,500 |
| Section 125E (1) | $2,500 | $5,000 |
| Section 125ZM | $1,250 | $2,500 |
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Petroleum (Onshore) Regulation 2016.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
3 Definitions
3 Definitions
3 Definitions
(Former clause 3 of 2007 Reg)
(1) In this Regulation—
fixed agenda means a fixed agenda referred to in clause 5 (3) or 6.
rehabilitation means the treatment or management of disturbed land or water for the purpose of establishing a safe and stable environment.
rehabilitation cost estimate means an estimate of the rehabilitation costs in relation to any land or water, prepared and calculated in accordance with guidelines approved by the Secretary.
the Act means the Petroleum (Onshore) Act 1991.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
Note.
For the purposes of comparison, a number of provisions of this Regulation contain bracketed notes in headings drawing attention (“Former”) to equivalent or comparable (though not necessarily identical) provisions of the Petroleum (Onshore) Regulation 2007 (“2007 Reg”).
Part 2 Petroleum titles
Part 2 Petroleum titles
Part 2 Petroleum titles
4 Drawing of plans: section 13
4 Drawing of plans: section 13
4 Drawing of plans: section 13
(Former clause 4 of 2007 Reg)
(1) For the purposes of section 13 of the Act, a map or plan accompanying an application for an exploration licence or a special prospecting authority must—
(a) delineate the alignment of the boundaries of the land to which it relates relative to the Graticular Reference Grid, and
Declares rules on use and disclosure of audit information and protected voluntary audit documents, specifying which statutes and agencies are “relevant” or “prescribed” for the purposes of admissibility and disclosure protections (cl 17-19).
Sets compensation and dispute timing rules for acquisition and access, including a 30-day period for parties to agree on compensation (cl 30), matters the court must consider in assessing compensation (cl 30A), and procedures for Land and Environment Court assessments (cl 31-32).
Implements administrative requirements on agents and notice to the Secretary for agent appointments (cl 33-34), certificates of authority for authorised officers (cl 51), and a definitional addition for “well-head” (cl 51A, ins 2022).
Prescribes fees, annual rentals, administrative levies, minimum security deposit, and title fees in detail in Schedule 1 (cl 35, Divisions in Part 7, Schedule 1). Application fee is $50,000 (Schedule 1), title fees and annual rental rates are specified by title type and term. Penalty notice offences and amounts are set out in Schedule 2 and linked to specified sections (cl 52, Schedule 2).
Fixes the royalty rate at 10% of well-head value (cl 42) and provides for limited rebates/refunds where title-holders contribute to designated “authorised funds” benefiting communities in defined project areas, subject to timing rules and caps (cl 44-48).
Repeals the earlier Petroleum (Onshore) Regulation 2007 and preserves existing acts, matters or things under the previous regulation (cl 54).
The Regulation sets out specific decision-makers and discretions. The Secretary and Minister are the primary administrative decision-makers: the Secretary issues directions about record-keeping and reports (cl 20, cl 25), determines annual rental fee areas and records (cl 37), may grant report exemptions or extensions (cl 27-28), and handles complaints about arbitrators including investigation procedures (cl 16C). The Minister may require revised fixed agendas, approve variations to work programs, declare authorised funds, and make orders in the Gazette concerning authorised funds and exemptions (cl 6(4), cl 10, cl 45, cl 28(1)). Several obligations are framed as conditions of titles (for example progressive agendas, notification of commercial production; cl 5(5), cl 50(1)).
Official rationales are not contained in the Regulation text supplied. The instrument itself implements administrative detail for the Act (for example what records must be kept, what fees apply and how royalty is calculated). The practical effect is to allocate compliance costs, data disclosure obligations and timing constraints to title-holders, while giving significant procedural and record-keeping authority to the Secretary and Minister. The rest of this deep dive examines the core concepts, affected parties, duties and rights, enforcement mechanisms, interactions with other laws, amendment and litigation history recorded in the text, operational pitfalls and concrete steps to comply.
Main concepts
The Regulation is structured around recurring administrative and technical concepts. Each concept defines a compliance touchpoint that affects title life-cycle, data flows, cost allocation, dispute resolution and confidentiality.
Maps and coordinate standards (cl 4)
Conceptually, the Regulation treats spatial description of title areas as an essential legal input. It prescribes coordinate systems (Graticular Reference Grid for exploration licences and special prospecting authorities; MGA94 for assessment and production leases) and requires electronic plans where practicable (cl 4(1)-(3)). It also requires coordinates at every change-of-direction point for leases (cl 4(2)(b)).
Work programs, fixed agendas and progressive agendas (cl 5-7, 9-10)
A work program must disclose estimated spend and may be either a fixed agenda covering the whole term or a two-part format: an initial fixed agenda (at least first 2 years) plus a summary for the remainder (cl 5(1)-(4)). If the two-part format is used, progressive fixed agendas must be lodged periodically and are a condition of title (cl 5(5); cl 6(1)-(3)). The Minister can require revision and make compliance with revisals a title condition (cl 6(4)-(5)).
Reporting and data retention (cl 20-29)
Obligations include annual reports (cl 21), seismic and drilling reports with raw and processed data within six months (cl 22), partial relinquishment reports when area reduced (cl 23), final reports at expiry or cancellation (cl 24) and direction-driven geological records (cl 20). Samples, cores and chips must be retained, labelled and offered to the Secretary if disposed (cl 29).
Land access and arbitration (cl 16A-16D)
The Regulation prescribes the Exploration Code of Practice: Petroleum Land Access as the access code, designating “Part C,Mandatory Provisions” as mandatory (cl 16A). It sets complaint timing (14 days) and process for arbitrator complaints (cl 16B-16C). Cost reimbursement for negotiating access arrangements requires documentary proof before payment (cl 16D).
Protected documents, audit information and disclosure (cl 17-19)
The text defines which statutes make an agency a relevant agency for use of audit information (cl 17). It prescribes which statutes and which public bodies are relevant when determining that voluntary audit documents are not admissible in certain proceedings (cl 18), and further prescribes which legislation allows disclosure of protected documents under s 113M(1)(g) of the Act (cl 19).
Fees, rentals and royalties (Part 7, cl 35-41, cl 42)
Fees in Schedule 1 allocate application costs ($50,000 application fee), title fees, annual rental fee schedules per block, hectare or unit by title type and term, and administrative levies. The Regulation fixes royalty at 10% of well-head value (cl 42).
Authorised funds and royalty offset scheme (cl 44-48)
It sets up a mechanism where holders who contribute to an authorised fund (Ministerially declared fund administered by a government entity and directed to community benefit in a specified geography) can obtain rebates or refunds against royalty up to capped amounts: $1 rebate for every $2 contributed, capped at 10% of royalty payable, with timing rules (cl 45-47, cl 46(4), cl 47(3)). Exclusions are specified, such as beneficial use of gas during exploration not giving rise to a rebate (cl 48(1)).
Enforcement and penalties (cl 8, cl 52, Schedule 2)
There are express penalty provisions: e.g. failing to notify 14 days before starting exploration borehole etc carries a maximum penalty of 100 penalty units (cl 8). Schedule 2 lists penalty notice offences with specified amounts for natural persons and bodies corporate (cl 52; Schedule 2).
Administrative discretion and record control (cl 14, cl 37, cl 25)
The Secretary is given discretion to determine annual rental fee areas (cl 37), to issue directions about record-keeping and to require geological plans, maps and information (cl 20), and to publish further reporting requirements in the Gazette (cl 25).
Core legal operation: The Regulation translates statutory powers under the Act into procedural criteria and quantifiable costs and timelines, allocating the burden of technical compliance, data production and payment of fees and royalties to title-holders and applicants, while giving the Minister and Secretary decision-making roles on approvals, specifications, exemptions and the administration of funds and records.
Who it affects
The Regulation defines a network of affected parties, and the obligations or entitlements differ sharply by role. The principal affected classes are set out below, with specific references to the clauses that create the obligations or powers.
Title-holders and applicants (cl 4-7, 9-29, cl 35, Schedule 1)
Holders of exploration licences, assessment leases, production leases and special prospecting authorities are the primary subjects of the Regulation. They must prepare compliant maps and plans for applications and renewals (cl 4), lodge work programs and progressive agendas where applicable (cl 5-6), comply with work programs as conditions of title (cl 9), notify planned exploration activity (cl 8), keep geological records and furnish plans or information on request (cl 20), and prepare and lodge annual and activity reports (cl 21-24). They pay prescribed fees and rental charges set in Schedule 1 and Part 7 (cl 35; Schedule 1). Title-holders also carry obligations about cores and samples (cl 29) and minimum security deposits (cl 49).
Landowners and occupiers (cl 33, cl 30, cl 30A)
Persons who own or occupy land over which a title is in force or to which an application relates can appoint agents (cl 33) and may be recipients of compensation processes governed by the time-limited procedures in cl 30 and the matters to be considered in assessments (cl 30A). The Regulation affects their property rights by specifying compensation assessment matters and timeframes for agreement.
Proposed transferees (cl 15)
Transfers of titles require prescribed particulars to be supplied (cl 15), including the proposed transferee’s financial resources, technical advisers, proposed work program, expenditure estimate and a rehabilitation cost estimate. These requirements shape due diligence and the information required to obtain transfer approval under the Act.
Public and government agencies (cl 17-19, cl 45)
The Regulation prescribes certain agencies as “prescribed authorities” for protected document regimes (cl 18(2)), and identifies legislation that counts as relevant for audit information (cl 17). Government entities administering an authorised fund must comply with Ministerial order guidelines and must report contribution details to the Chief Commissioner at each financial year end (cl 45(3)-(4)).
Arbitrators and parties to access arrangements (cl 16A-16D)
Parties negotiating land access under the Act and arbitrators appointed to resolve disputes are subject to complaint and investigation rules (cl 16B-16C) and must follow the access code where it applies (cl 16A). The Regulation makes part of that code mandatory where specified.
Local government and communities within “project areas” (cl 44-47)
The rebate/refund mechanism for authorised funds links royalty outcomes to community-benefit funds declared by the Minister. Project areas are defined to include the local government area where prospecting/mining occurs and adjacent LGAs affected by the operations (cl 44). This creates a direct financial linkage between title-holders’ contributions and community funds in specified geographies.
The Secretary has wide administrative powers: issuing directions about records, determining annual rental fee areas, granting extensions or exemptions for reports, investigating arbitrator complaints and requiring maps, plans and data in reports (cl 20, cl 25, cl 27-28, cl 16C, cl 37). The Minister is empowered to declare authorised funds and specify guidelines, require revision of fixed agendas and approve variations to work programs (cl 6(4), cl 10, cl 45).
Commercial service providers and consultants
The technical requirements in work programs, maps, reports, and the requirement to include details of technical advisers for transfers (cl 15) mean that geologists, surveyors, legal advisers, environmental consultants and accountants are indirectly affected; the Regulation sets the content they must produce for compliance.
Who pays
Financial burdens fall primarily on applicants and title-holders: application fees ($50,000), title fees and renewals (Schedule 1), annual rental fees and administrative levies (Part 7), royalties (cl 42), and costs of meeting reporting, mapping and data retention obligations. Costs may also include contributions to authorised funds to secure rebates or refunds (cl 46-47).
Who decides
Administrative decisions, discretion and enforcement rest largely with the Secretary and the Minister. The Secretary determines annual rental fee areas (cl 37), issues directions about record-keeping (cl 20), decides extensions and exemptions for reports (cl 27-28), and conducts investigations into arbitrator complaints (cl 16C). The Minister declares authorised funds, may require revisions to work programs, approve variations and make related policy orders in the Gazette (cl 6(4), cl 10, cl 45).
The Regulation thus affects a mix of private and public actors. Its operative design places ongoing compliance obligations and most direct costs on title-holders and applicants, while conferring administrative discretion and control over processes and data on departmental officers and the Minister.
Key duties and rights
This section sets out the main specific duties that the Regulation places on persons and the rights (express or implied) created for administrative participants. Each duty is referenced to the clause.
Duties to prepare and lodge plans, work programs and maps
Applicants for exploration licences, assessment leases and special prospecting authorities must supply maps/plans that delineate boundaries relative to specified grids and include mapcodes and block descriptions where relevant (cl 4(1)-(3)). For assessment and production leases maps must use MGA94 and show coordinates for all boundary direction changes (cl 4(2)). Work programs must include estimated expenditure and, if using a two-part format, must provide progressive fixed agendas (cl 5(1)-(6); cl 6(1)-(3)). A fixed agenda must state objectives and exploration methods (cl 7).
Duties to notify and report
Title-holders must notify the Minister at least 14 days before commencing an exploration borehole, seismic survey or other exploration activity in the title area; a breach attracts a maximum penalty of 100 penalty units (cl 8). Annual reports must be lodged within one calendar month of the grant anniversary date (or other date notified) and must include full particulars of surveys, operations, expenditure, results and proposed operations for the next 12 months (cl 21). Seismic and drilling reports, including all raw and processed data, must be lodged within six months of completion (cl 22). Partial relinquishment reports must be provided within one month of notice of cancellation or renewal over reduced area (cl 23). Final reports must be lodged within one month after expiry or cancellation of a title (cl 24). The Secretary may issue additional reporting requirements and publish them in the Gazette; reports must comply with those requirements (cl 25).
Duties to keep and provide geological records and samples
Holders must keep geological plans, maps and records in accordance with written directions from the Secretary and these records must include summaries of operations and expenditure (cl 20(1)). Drill cores, percussion chips and characteristic samples are to be collected, labelled, preserved for the life of the title as far as reasonably practicable, and offered to the Secretary when the holder intends to dispose of them (cl 29).
Duties in transfers and renewals
Applications for renewal of a title that relates only to part of the land must describe the land by map as per cl 4 (cl 12(1)). Renewal applications must include information about financial capability, technical advice, a renewal justification statement detailing operations, resources, expenditure, reasons for renewal, a rehabilitation cost estimate and a compliant work program (cl 12(2)(a)-(d)). Transfers must be accompanied by prescribed particulars including transferee name, financial resources, technical advisers, proposed work program, expenditure estimate and rehabilitation cost estimate (cl 15).
Duties relating to land access arbitration
Where the access arrangement notice was given on or after 1 December 2016, the Exploration Code of Practice: Petroleum Land Access is prescribed as the access code and Part C is designated mandatory (cl 16A(1)-(2)). Complaints about arbitrators must be written to the Secretary and lodged within 14 days of awareness unless special circumstances are accepted (cl 16B). The Secretary must notify parties and the arbitral subject, allow submissions and produce written reasons for determinations (cl 16C).
Duties to retain evidence for cost claims
Payment for costs relating to access arrangements is not required unless documentary evidence of the incurring of those costs is provided to the holder of the prospecting title (cl 16D).
Duties about protected documents and audit information
The Regulation prescribes which statutes make an agency a “relevant agency” for use of audit information (cl 17) and lists which statutes and agencies are relevant to determine inadmissibility and disclosure exceptions for voluntary audit documents and protected documents (cl 18-19). These are duties of legal operation on the Secretary and on courts and agencies when applying the Act’s confidentiality provisions.
Duties to appoint and notify agents
Persons may appoint agents (holders, applicants, owners/occupiers) but the Secretary may refuse to deal with a person claiming to be an agent unless notice of appointment and agent powers has been served on the Secretary (cl 33(1)-(2)). If an agent is appointed for service of documents, service on the principal remains valid even if not made on the agent (cl 33(3)). A person who appoints an agent must provide notice of appointment to the Secretary for the purposes of section 97F of the Act (cl 34).
Payment duties (fees, rentals, royalties)
The fees in Schedule 1 are payable for the matters indicated (cl 35). Annual rental fees are calculated on the annual rental fee area as determined by the Secretary (cl 36-37). A minimum annual rental fee of $100 applies where calculation would yield less (cl 38). The royalty rate is fixed at 10% of well-head value (cl 42). A minimum security deposit for a petroleum title is $10,000 (cl 49). Penalty notices in Schedule 2 set out fixed penalties for certain offences and breaches (cl 52; Schedule 2).
Rights and administrative procedures
Applicants and holders have a right to apply for extensions of time to lodge reports (cl 27(1)-(2)). Applicants can apply for exemption from reporting obligations and the Secretary may grant exemptions by Gazette order (cl 28(1)-(5)). The Secretary must advise applicants of determinations about extensions or exemptions in writing within 21 days (cl 27(4); cl 28(5)). For arbitration complaints, the Secretary must provide notice to the other party and the arbitrator and must provide the arbitrator reasonable opportunity to make submissions (cl 16C(1)-(2)). The Secretary must provide written reasons for decisions after investigation (cl 16C(3)). Where compensation is to be assessed by the Land and Environment Court, seven days’ notice to interested persons is required and proceedings may occur on land or in court (cl 31).
Collectively, the Regulation imposes structured, timed duties on title-holders and applicants, assigns the Secretary and Minister active administrative roles and confers procedural rights to applicants and affected persons to seek extensions, exemptions, and to participate in arbitrator complaint processes. Many duties are conditioned to title-holders and therefore affect ongoing operational and budgetary planning.
Penalties and enforcement
The Regulation sets out direct sanctions, penalty notice regimes and administrative enforcement levers. These operate alongside enforcement powers in the Act but the Regulation specifies which offences can attract penalty notices and the monetary amounts payable. It also sets particular statutory penalties for specific failures.
Penalty notice regime (cl 52; Schedule 2)
Clause 52 designates particular offences under the Act as penalty notice offences and sets fixed penalty amounts for each offence in Schedule 2. Schedule 2 lists the specified provisions (Column 1) and the penalty amounts for natural persons (Column 2) and bodies corporate (Column 3). For example, offending under section 7(1) and section 78A attracts $2,500 for a natural person and $5,000 for a corporation (Schedule 2). Breaches of s 97C(3) (reporting obligations) attract $1,250 for natural persons and $2,500 for bodies corporate (Schedule 2). The Regulation thus provides a fast administrative sanction alternative to prosecution, with amounts predetermined in the schedule (cl 52(1)).
Express maximum penalties (cl 8)
Clause 8 prescribes a maximum penalty of 100 penalty units for failing to notify the Minister not later than 14 days before starting certain exploration operations. The Regulation does not convert penalty units to dollars; the relevant Act for penalty unit value applies. This penalty is an express maximum, which indicates the government’s intent to treat pre-notification as a serious compliance duty (cl 8).
Administrative withholding and refusals (cl 33)
The Secretary may refuse to deal with a person claiming to be an agent unless required notice of appointment has been served (cl 33(2)). That refusal functionally enforces the record of authorised agents and ensures the Department has an accurate service list. It is an administrative enforcement instrument intended to ensure procedural integrity.
Secretarial and Ministerial discretions with enforcement effect (cl 6(4)-(5), cl 10, cl 25, cl 27-28, cl 37)
The Secretary and Minister may require revisions to work program agendas if minimum standards are not met (cl 6(4)-(5)), approve or refuse variations to work programs (cl 10), issue or publish further reporting requirements (cl 25), grant or refuse extensions and exemptions for reports (cl 27-28), and determine and revise annual rental fee areas (cl 37). These discretions can operate as enforcement and compliance levers: refusing a variation or an extension can result in non-compliance with statutory obligations and lead to further penalties. The Regulation requires determinations to be communicated in writing in some contexts (e.g. cl 16C(3) for arbitrator complaints, cl 27(4) and cl 28(5) for extension/exemption decisions), supporting administrative transparency.
The Secretary determines annual rental fee areas and records them (cl 37); if a renewal is refused after automatic extension due to s 20 of the Act, annual rental fees and administrative levies for grant anniversary dates occurring during that automatic extension must be reassessed and proportioned, with refunds provided if necessary (cl 40-41). This provides a mechanism to adjust and recover overpayments administratively, and to refund where appropriate.
Protected-document admissibility (cl 18)
The Regulation prescribes specific statutes and authorities for the purposes of s 83K (protected voluntary audit documents not admissible in certain proceedings). By defining the ambit of "relevant legislation" and "prescribed authorities", the Regulation affects the enforceability and admissibility of certain audit documents in criminal and regulatory proceedings. This is an indirect enforcement effect that can limit the use of voluntarily produced audit material in specific prosecutions or regulatory investigations (cl 18(1)-(3)).
Arbitrator complaints and removal (cl 16B-16C)
The Regulation sets a 14-day limit for complaints about arbitrators to be made to the Secretary and specifies the Secretary’s procedure for investigation, including notifying other parties and the arbitrator, allowing submissions, and issuing written reasons for a determination (cl 16B-16C). The Secretary may remove an arbitrator under section 69W of the Act following these procedures. These steps impose procedural enforcement for maintaining arbitral impartiality.
Limits on cost recovery (cl 16D)
The Regulation requires documentary evidence for incurring costs related to negotiating access arrangements before payment is required (cl 16D). This limits opportunistic or unsubstantiated claims for costs and creates an evidentiary enforcement mechanism.
Overall enforcement architecture
The Regulation combines monetary penalties (fixed penalty notices and statutory maxima), administrative refusals and approvals, financial recalculations (rental reassessments and refunds), and procedural safeguards for investigations and complaints (written reasons, notification and opportunity to be heard). Enforcement is channelled through departmental actors (primarily the Secretary) and through the Land and Environment Court where compensation or rights are judicially determined (cl 31-32). The schedules concretely quantify financial penalties and fees, making compliance obligations financially tangible.
Risk of administrative discretion
Many enforcement levers depend on the Secretary’s and Minister’s discretion (reporting requirements by Gazette, rental area determination, approval of work program variations, exemptions and extensions). While the Regulation requires notification and written reasons in some contexts, significant scope for administrative decision-making remains. Those who must comply should plan for discretionary decision points and ensure full documentation for applications and claims to reduce the risk of adverse administrative decisions.
How it interacts with other laws
The Regulation explicitly cross-references and integrates with multiple existing statutes and the Petroleum (Onshore) Act itself. The interaction is both procedural,defining how powers under the Act are exercised,and substantive,affecting the admissibility of documents and the operation of other statutory schemes.
Primary statute: the Petroleum (Onshore) Act 1991
The Regulation operates under, and implements, various sections of the Act (the Regulation repeatedly cites "for the purposes of section X of the Act" in clauses such as cl 4 (s 13), cl 5-7 (s 14), cl 8 (s 14/conditions), cl 21-24 (s 97C) and many others). It fills out statutory requirements for application content, title conditions, reporting, record-keeping, compensation and fees, converting Act-level powers and broad criteria into specific operational requirements.
Spatial and surveying frameworks: MGA94 and Graticular Reference Grid (cl 4)
The Regulation specifies coordinate and mapping systems that are standardised geographically: MGA94 (GDA94) for leases and the Graticular Reference Grid for exploration licences and special prospecting authorities (cl 4(1)-(3)). By tying legal descriptions to these technical mapping standards, the Regulation creates an interface between cadastral/land registration systems and petroleum title administration. This matters where other land-use laws require consistent spatial identification (for example development approvals or native title processes), though such intersections are not spelled out here.
The Regulation requires applicants for renewal to summarise known resources and potential, and to state approved uses under any development consent under the Environmental Planning and Assessment Act 1979 that are in force in respect of the land (cl 12(2)(b)(ii) and cl 30A(d)). It also defines "relevant development consent" for cl 16 in relation to Part 3A, 4 or 5.1 consents under the Environmental Planning and Assessment Act in force before 18 December 2015 (cl 16(4) definition). These references embed interplay with NSW planning consent regimes: renewals and some operational uses must account for extant planning approvals.
Work health, public safety and other sector statutes (cl 17-19)
The Regulation prescribes specific statutes in relation to use of audit information and protected voluntary audit documents: Crimes Act 1900, Electricity Supply Act 1995, Explosives Act 2003, Forestry Act 2012, Hunter Water Act 1991, Pipelines Act 1967, Sydney Water Act 1994, Work Health and Safety (Mines and Petroleum Sites) Act 2013 (cl 17; cl 18(1)). It also prescribes which agencies may receive protected audit material (cl 18(2) lists Dams Safety NSW, Department of Finance, Services and Innovation, ICAC, local councils, Local Land Services, Mine Subsidence Board, NSW Police, etc.). By doing so the Regulation defines the boundary where petroleum audit materials may be shared with other statutory regulators or emergency response bodies, clarifying the cross-regulatory information flow.
Mining Act 1992
The Regulation provides a royalty rate for purposes of the Mining Act 1992, s 286 (cl 43), thereby providing consistent royalty treatment where petroleum activities intersect with the Mining Act framework. The Regulation also references "work health and safety legislation (within the meaning of the Mining Act 1992)" when prescribing relevant legislation (cl 18(1)(h)).
Land and Environment Court procedures (cl 31-32)
Clauses addressing compensation adjudication refer to the Land and Environment Court procedures: notice, venue and manner of conducting proceedings, and the Court’s power to order payment into court in lump sum or instalments (cl 31-32). These clauses interact with JR and civil procedure rules that apply to that Court.
Other legislation and Gazette orders
The Regulation allows the Secretary to publish additional reporting requirements in the Gazette (cl 25) and gives the Minister power to declare authorised funds by order in the Gazette (cl 45). Those Gazette instruments will interact operationally with the Regulation and may themselves cross-reference other statutes or administrative instruments.
Certificates of authority and authorised powers (cl 51)
The Regulation allows the Secretary to issue certificates of authority to persons exercising powers under Part 9 of the Act and sets out the form. This interacts with functions and powers conferred by the Act for authorised officers to enter and inspect, enforcing compliance with other statutes where powers overlap.
Royalty rebate scheme and local government areas (cl 44-47)
“Project area” references local government areas and adjacent LGAs (cl 44), aligning the royalty rebate/refund mechanism with municipal boundaries and potentially interacting with local government functions and community benefit programs administered under other NSW statutes and policies.
Exclusions and non-application
The Regulation expressly excludes certain prior actions and provides transitional rules (cl 54), keeping in effect acts that had effect under the 2007 Regulation. It also exempts access arrangements where notice had been given before 1 December 2016 from the mandatory application of cl 16A(3). Such transitional interactions are important for entities with pre-existing access arrangements.
In sum, the Regulation integrates tightly with the Act, the Environmental Planning and Assessment Act, the Mining Act, work health and safety and other sectoral statutes by (a) aligning reporting, disclosure and data-exchange rules; (b) standardising spatial and technical requirements for maps and plans; (c) prescribing which other agencies may receive audit material; and (d) setting administrative mechanisms (Gazette orders, certificates) that affect how other legal obligations are met. Practitioners should map specific interactions between a proposed activity and these referenced statutes in each project to ensure all statutory touchpoints are addressed.
Amendment history
The text of the Regulation contains embedded amendment notes that indicate certain insertions and amendments and a key repeal. The instrument in this form repeals the Petroleum (Onshore) Regulation 2007 and preserves existing acts and matters under that Regulation (cl 54). The Regulation includes various amendment annotations in the clause headings or notes; these annotations indicate the Regulation has been updated over time. The following points can be drawn directly from the Regulation text.
Repeal and transitional saving (cl 54)
Clause 54(1) repeals the Petroleum (Onshore) Regulation 2007. Clause 54(2) provides that any act, matter or thing that immediately before repeal had effect under the 2007 Regulation continues to have effect under this Regulation. Clause 54(3) clarifies that references to Dams Safety NSW in clause 18(2)(a) include the Dams Safety Committee constituted under the Dams Safety Act 1978 until that Act is repealed (cl 54). This clause functions as a saving and transitional provision to preserve continuity for pre-existing authorisations and obligations.
Insertions and later amendments recorded in text
The Regulation includes explicit insertion and amendment notations beside several clauses indicating the source and year of amendment. Examples include:
Part 2A (cll 16A-16D) noted as inserted 2016 (Ins 2016 (720), Sch 2 [2]).
Clause 4 includes amendment notation cl 4: Am 2016 (720), Sch 2 [1].
Clause 16 was amended or had other insertions with citations to 2018 and 2021 amendments (cl 16: Am 2018 (579), cl 3; 2021 (526), sec 3(1)-(3)). That shows cl 16 has been the subject of later legislative amendment.
Clause 18 includes a history of amendments: cl 18: Am 2017 No 17, Sch 4.71; 2020 No 30, Sch 4.63.
Schedule 1 is noted as amended in 2018 (sch 1: Am 2018 (22), cl 3).
Clause 51A (the definition of "well-head") is recorded as inserted in 2022 (cl 51A: Ins 2022 (805), sec 3).
Specific insertions and repeals
Part 2A (cll 16A-16D) is explicitly described as inserted in 2016 and provides the land access arbitration framework and related procedures. The Regulation therefore formalised a code and complaint/investigation process in 2016.
Clause 16A(1) prescribes the Exploration Code of Practice: Petroleum Land Access published 1 December 2016 and designates Part C as mandatory provisions for certain access arrangements (cl 16A). Clause 16A(3) provides a non-retrospective application exception for access arrangements where notice of intention to seek the access arrangement was given before 1 December 2016.
Notations indicate continuing updates
The presence of amendment notations beside multiple clauses signals that the Regulation has evolved since its initial enactment to add or clarify technical definitions (e.g., well-head in 2022), to modify arbitration and access rules, and to update reporting or disclosure mechanics (e.g., cl 18 amendments in 2017 and 2020).
Limits of the Amendment History recorded in the text
The Regulation’s internal amendment annotations indicate history but do not include explanatory memoranda or full amendment bills, nor do they list the policy intent driving each amendment. The text records dates and instrument references for insertions and amendments, which permits tracking of formal changes but does not itself provide the legislative history beyond those citations.
For legal practitioners, accountants and compliance officers, the consequence is twofold: first, the Regulation reflects a sequence of targeted updates over time, so reliance on earlier versions (for pre-existing dealings) must be validated against the transitional clauses (cl 54). Second, specific clauses have been amended recently and practitioners should ensure they refer to the consolidated, current version when preparing applications, reports or legal submissions. The clause references above are the only amendment history recorded in the Regulation text supplied.
Litigation history
The Regulation text supplied does not include case law or decisions interpreting its provisions. The instrument itself names no judicial authorities and no cases are cited within it. The only references to courts are procedural: the Land and Environment Court is specified as the forum for compensation assessments and authorised to notify interested persons and conduct proceedings on the land (cl 31-32). Beyond those procedural references and the specification of penalties and administrative processes, the Regulation contains no litigation history.
What the text does provide that is relevant to potential litigation
It provides precise procedural requirements and quantifications that are likely to be the subject of disputes in practice. Items likely to generate litigation or administrative review under the Act include:
Determination of annual rental fee area by the Secretary (cl 37), including the Secretary’s power to revise the determination where “fair and reasonable” to do so. Disputes over spatial extent, inclusion of exclusions and valuation of rental area are concrete areas for review.
Approval or refusal of variations to work programs where the Minister must be satisfied that there is “just and sufficient cause” (cl 10). The discretionary nature of this decision may invite merits review or judicial review challenges if decision-making is contested.
Whether the mandatory provisions of the Exploration Code of Practice apply to a given access arrangement depends on the timing of notice; disputes about the timing and applicability of cl 16A(3) could be litigated.
The Secretary’s refusal to deal with an agent lacking served notice (cl 33(2)) may generate procedural disputes about service and recognition of agency powers.
The application of protected-document admissibility rules (cl 18) in criminal or regulatory proceedings could be contested in courts, particularly where parties seek to tender audit materials or the State seeks disclosure.
Claims for costs relating to access arrangements where documentary evidence is required (cl 16D) might produce disputes about the sufficiency of documentary proof and quantum of costs.
Absence of named judicial decisions or authoritative interpretations in the text
Practitioners must therefore consult external sources,reported decisions, tribunal determinations, administrative reviews and the Act’s interpretative materials,to understand how these clauses have been applied. The Regulation by itself provides the legal framework and quantums but not judicial gloss on ambiguous terms such as “just and sufficient cause” (cl 10), “fair and reasonable” revision of rental areas (cl 37(6)), or the detailed scope of mandatory code provisions (cl 16A(2)).
Recommendation for research
For litigation risk assessment or case preparation, one must search judgments mentioning the Act and Regulation, review administrative determinations by the Department and the Land and Environment Court, and gather any explanatory memoranda or ministerial statements accompanying the Regulation and its amendments. The Regulation text itself is necessary but insufficient for a full litigation picture.
Gotchas
The Regulation contains several operational traps and points where administrative discretion, timing, evidentiary rules or the precise wording can produce non-obvious consequences for practitioners and title-holders. This section highlights those concrete pitfalls and their mechanisms.
Electronic maps and coordinate systems,format mismatch risk (cl 4)
The Regulation requires applications for certain titles to include electronic maps in specified grids (Graticular Reference Grid or MGA94) and to show coordinates at all boundary direction changes (cl 4(1)-(3)). Risk: an applicant supplying maps in a different datum or failing to include coordinate points can trigger a requirement to re-submit or delay the application. The Regulation allows, as fallback, the use of standard topographic or cadastral maps or a Secretary-approved scale where electronic form is not possible, but approval is discretionary (cl 4(3)(b)-(c)).
Two-part work programs create rolling compliance obligations (cl 5-6)
Choosing the two-part work program format imposes ongoing obligations to lodge progressive fixed agendas not later than two calendar months before the end of the prior fixed agenda (cl 6(2), (3)). Risk: failure to lodge a subsequent fixed agenda on time becomes a title condition breach. The Minister may require revisions to lodged agendas and non-compliance with such a requirement is also a title condition (cl 6(4)-(5)).
Short or fixed reporting deadlines with limited extension windows (cl 21-24, cl 27-28)
Annual reports must be lodged within one calendar month of the grant anniversary date; seismic/drilling reports within six months; final and partial relinquishment reports within one month of expiry/cancellation or Secretary notice (cl 21-24). Extensions must be applied for at least 30 days before the due date and the Secretary must decide within 21 days (cl 27(2), (3), (4)). Risk: late or incorrectly filed extension applications may be refused, leaving the holder exposed to penalties under Schedule 2 items (e.g. s 97C(3) penalty listed in Schedule 2).
Data completeness requirements,raw and processed data required (cl 22, cl 26)
Seismic and drilling reports must include all raw and processed data and conclusions (cl 22(3)), and reports must contain all maps, plans and data necessary to interpret the report (cl 26). Risk: partial or redacted datasets may be rejected; data management and confidentiality considerations (e.g. commercially sensitive data) must be reconciled with the requirement to provide full data to the Secretary.
Documentary evidence requirement for access-cost recovery (cl 16D)
Costs paid to parties for negotiating access arrangements are not required unless documentary evidence of incurring those costs has been provided to the holder of the prospecting title (cl 16D). Risk: informal or insufficient cost records will defeat cost recovery claims.
Protected voluntary audit documents,admissibility exceptions and cross-agency disclosure (cl 18-19)
The Regulation prescribes which statutes and agencies fall within the scope of protected document rules (cl 18). Risk: holders who share voluntary audit documents with a prescribed agency should be aware that those documents may be non-admissible in certain proceedings but that the list of prescribed authorities includes broad categories such as police, local councils and ICAC (cl 18(2)). Conversely, sharing with non-prescribed entities may affect confidentiality expectations.
Rebates/refunds capped and time-limited (cl 46-47)
Contribution-based rebates and refunds to authorised funds are limited to $1 for every $2 contributed and capped at 10% of the royalty payable or paid in the relevant financial year, and rebates first become payable at the end of the first full production year (cl 46(2)-(4), cl 47(2)-(3)). Risk: expecting a full offset of contributions against royalties is mistaken; contributions may produce only partial, time-delayed financial benefit. Also, refunds and rebates do not apply to beneficial gas use during exploration (cl 48(1)).
Agent appointment procedural trap (cl 33-34)
The Secretary may refuse to deal with a person claiming to be an agent unless the agent’s appointment and powers have been served on the Secretary (cl 33(2)). Risk: informal agency arrangements without formal notice to the Department can result in service and procedural defects; parties should ensure formal notice is lodged.
Arbitrator complaint time limit (cl 16B)
Complaints about arbitrators must be made in writing within 14 days of when the subject matter first becomes known, unless the Secretary accepts special circumstances (cl 16B(b)). Risk: delay in complaint lodgement can forfeit the right to complain; “special circumstances” is discretionary.
High upfront application fee and nonlinear fee structure (Schedule 1)
The Schedule sets a $50,000 application fee and various title fees, including $40,000 for a production lease in most cases but $5,000 for methane drainage in or over a colliery (Schedule 1). Risk: fee structure is sizeable and varies by title type and term; applicants must budget for upfront costs and renewals.
Penalty notices with fixed amounts,no scaling for severity beyond natural person/body corporate distinction (cl 52; Schedule 2)
The prescribed penalty notice amounts are fixed per offence (Schedule 2). Risk: for breaches that are procedural but not harmful, fixed monetary amounts still apply and may be non-trivial; there is limited gradation based on the nature of the breach beyond the Schedule’s classifications.
Minimum security deposit (cl 49)
A minimum deposit for a petroleum title is $10,000. Risk: this floor applies irrespective of scale of activity and must be factored into initial project finances.
Record-keeping and Secretary-issued directions (cl 20, cl 25)
The Secretary can issue written directions from time to time regarding keeping geological plans, maps and records, and may publish additional report requirements in the Gazette (cl 20(1), cl 25(1)). Risk: holders must monitor departmental directions and Gazette notices for evolving obligations. Failure to comply with new directions can create retrospective compliance issues.
Definition of well-head (cl 51A)
The Regulation now defines “well-head” with equipment inclusive up to wing valves (cl 51A). Risk: this expanded or clarified definition may affect royalty valuation points or operational obligations tied to the well-head.
In short, the main "gotchas" arise where the Regulation imposes strict formats, short deadlines, documentary evidence thresholds, and discretionary administrative controls. Practitioners need to anticipate these mechanical pitfalls by ensuring mapping and data formats are correct at application, lodging extension/exemption applications in time, maintaining comprehensive cost and data records, and budgeting for fees, deposits and royalties with rebate caps in mind.
How to comply
This section sets out concrete compliance steps keyed to the Regulation’s main obligations. It is framed as a checklist and process map for applicants and title-holders, with references to the clauses imposing the duties.
Pre-application and mapping
Use the correct coordinate system and format: for exploration licences and special prospecting authorities align boundaries to the Graticular Reference Grid and include mapcode and blocks (cl 4(1)); for assessment or production leases use MGA94 and show coordinates for each boundary change-of-direction point (cl 4(2)). Where possible submit maps electronically at an appropriate scale (cl 4(3)(a)). If electronic submission is not possible, use an approved standard topographic or cadastral map or seek written approval from the Secretary for an alternate scale (cl 4(3)(b)-(c)). Ensure maps are finalised prior to submitting applications to avoid resubmission delays.
Work program drafting and format choice
Decide between a fixed agenda for the whole term or the two-part format (cl 5(3)-(4)). If choosing the two-part format, draft a detailed fixed agenda for at least the first two years and a summary for the remainder, and prepare to lodge progressive fixed agendas not later than two months before the expiry of the current fixed agenda (cl 5(4)-(6); cl 6(1)-(3)). Include estimated expenditure, objectives and methods for proposed exploration in the fixed agenda (cl 5(1); cl 7). Keep evidence of reasons for any proposed variation (cl 10(1)) because the Minister will require justification if a variation is sought and must be satisfied of just and sufficient cause (cl 10(2)).
Notification of commencement of exploration work
Provide written notice to the Minister at least 14 days before starting any exploration borehole, seismic survey or other exploration activity in a title area (cl 8). Keep a record of the notice and posting/delivery proof; failure to notify attracts a maximum penalty (cl 8).
Reporting and data retention systems
Establish a calendar keyed to the grant anniversary date to lodge annual reports within one calendar month (cl 21(2)). For seismic and drilling programs, prepare to lodge comprehensive reports including all raw and processed data within six months of completion (cl 22(2)-(3)). Prepare partial relinquishment reports within 1 month after notice of partial cancellation or renewal (cl 23(2)) and final reports within 1 month of expiry or cancellation (cl 24(2)). Ensure reports include all necessary maps, plans and data to interpret the report (cl 26). Maintain internal records of operations and expenditure to support the annual report requirements (cl 20(1)(b)). Monitor the Gazette and the Department for further reporting requirements issued under cl 25.
Extensions and exemptions
If unable to meet a reporting deadline, apply to the Secretary for an extension at least 30 days before the due date and include authority number, holder name, period required, and reasons (cl 27(2)). The Secretary must respond in writing within 21 days (cl 27(4)). For exemptions, apply at least 30 days before the due date with reasons and authority details (cl 28(2)-(4)); the Secretary must respond in writing within 21 days (cl 28(5)). Keep proof of submission and any written determinations.
Record, sample, and core management
Implement a system to collect, retain, label and preserve drill cores and percussion chips, characteristic rock samples and any samples of petroleum discovered (cl 29(a)(i)-(iii)). If requested, collect and preserve water samples discovered in wells (cl 29(b)). If intending to dispose of cores or samples, offer them to the Secretary and, if requested, provide them in the manner the Secretary determines (cl 29(e)(i)-(ii)). Document preservation measures to demonstrate compliance with "so far as is reasonably practicable" obligations (cl 29(d)).
Transfer and renewal documentation
For transfers, compile prescribed particulars including transferee identity, description of financial resources, technical advisers, proposed work program, expenditure estimate and rehabilitation cost estimate (cl 15). For renewals over part only of the land, provide maps per cl 4 and supply financial capability particulars, a renewal justification statement detailing operations, resources and reasons, a rehabilitation cost estimate, and a comply-with-work-program for the renewal term (cl 12(1)-(2)).
Compensation and landowner dealings
If a compensation notice is served, understand the 30-day period to negotiate before statutory action (cl 30). Prepare to document the nature, quality, area, characteristics, proximity to infrastructure, normal use and approved development consent uses on the land for potential compensation assessments (cl 30A).
Fees, rentals and royalties: budgeting and recording
Budget for the $50,000 application fee and the relevant title fees in Schedule 1, plus minimum deposit of $10,000 (cl 35; cl 49; Schedule 1). For annual rentals, the fee is calculated on the annual rental fee area determined by the Secretary (cl 36-37); plan for possible revisions to the Secretary’s determination (cl 37(6)). Account for royalties at 10% of well-head value and, if contributing to an authorised fund, model rebate/refund outcomes at the $1 per $2 contribution rate up to 10% of royalty payable (cl 42; cl 46(4)).
Land access negotiations and arbitration
If access arrangements were sought after 1 December 2016, follow the Exploration Code of Practice: Petroleum Land Access and its mandatory provisions in Part C where applicable (cl 16A). When negotiating access, maintain documentary evidence of time and costs expended , cost payments will not be required without documentary proof (cl 16D). If an arbitrator appointment is contested, lodge a written complaint to the Secretary within 14 days of becoming aware of the subject matter, and provide supporting evidence (cl 16B).
Protected documents and audit materials
Before sharing voluntary audit material, check whether the receiving body is a prescribed authority under cl 18(2), and understand the protections and limits on admissibility of such material in certain proceedings (cl 18(1)-(3)). Keep formal records of all disclosures to statutory agencies that are prescribed as relevant agencies for audit information use (cl 17).
Agency appointments and service of documents
If appointing an agent, serve written notice of the appointment, powers and functions on the Secretary; otherwise be prepared for the Secretary to refuse to deal with the putative agent (cl 33(2); cl 34(a)). Keep a copy of the notice served on the Secretary as the Department will treat that appointment as sufficient for section 97F purposes if lodged accordingly (cl 34(b)).
Administrative process and records management
Maintain logs of all submissions, directions received from the Secretary, Gazette notices, and written determinations (for example, extension/exemption decisions must be provided in writing within 21 days, cl 27(4), cl 28(5)). Implement an internal compliance calendar tied to grant anniversary dates, expedition of progressive agendas, data delivery deadlines and known Gazette publication schedules.
Engage advisors proactively
Because transfers, renewals, technical report standards and rehabilitation cost estimates are prescribed (cl 12(2)(c), cl 15(f)), engage legal, geological and financial advisors early to prepare compliant renewal justification statements, rehabilitation cost estimates, and technical elements of work programs and reports.
Monitor for regulatory change
The Secretary may publish further reporting requirements in the Gazette (cl 25). Track Departmental and Gazette notices to remain compliant with evolving directions, and obtain written confirmation for any discretionary approvals or variations granted by the Minister or Secretary (cl 10, cl 6(4), cl 16C(3)).
By following these concrete steps, holders and applicants can reduce the risk of administrative rejection, penalty notices, or delayed approvals. The Regulation establishes many short windows and documentary thresholds; the effective compliance strategy is to document fully, submit in the specified formats, and obtain written approvals or determinations at every discretionary decision point.
(b) describe the mapcode and blocks incorporated within the boundaries of the licence or authority.
Note.
Nothing in the Act or this Regulation requires the boundaries of an area that is intended to be comprised in a petroleum title to match or mirror the boundaries of 1 or more blocks.
(2) A map or plan accompanying an application for an assessment lease or production lease must—
(a) delineate the alignment of the boundaries of the land to which it relates relative to the Map Grid of Australia 1994 (MGA94), and
(b) show the coordinates of all points where there is a change in the direction of the boundaries.
(3) In addition, a map or plan accompanying an application for a petroleum title must—
(a) be in electronic form and drawn to an appropriate standard scale to optimally display the area to which the petroleum title is intended to apply, or
(b) if it is not possible for the map or plan to be in electronic form, be drawn on a standard topographic or cadastral map published by a State or Commonwealth Government Department, or
(c) if it is not possible for the map or plan to be in electronic form or to be drawn on such a standard topographic or cadastral map, be drawn at a scale that the Secretary has approved in writing.
(4) In this clause—
Graticular Reference Grid is defined in the NSW Block Identification Index Map 2016.
MGA94 means the Geocentric Datum of Australia 1994 (GDA94), using the Map Grid of Australia 1994 (MGA94) standard map projection expressed in Universal Transverse Mercator (UTM) projection coordinates with zones 6 degrees wide.
Note.
Clauses 12 (1) and 13 impose the same requirements for maps and plans accompanying applications for partial renewal or partial cancellation of a petroleum title as those imposed by this clause.
Section 19 (5) of the Act has the effect that the requirements of this clause extend to applications for renewal of a petroleum title. Clause 12 (2) contains additional requirements for all applications for renewal.
cl 4: Am 2016 (720), Sch 2 [1].
5 Work programs for exploration licences or assessment leases: section 14
5 Work programs for exploration licences or assessment leases: section 14
5 Work programs for exploration licences or assessment leases: section 14
(Former clause 5 of 2007 Reg)
(1) For the purposes of section 14 (1) (d) of the Act, a work program supporting an application for an exploration licence or an assessment lease must include particulars of the estimated amount of money that the applicant proposes to spend on carrying out operations and activities on the land comprised in the licence or lease.
(2) The work program supporting an application for an exploration licence or assessment lease may be prepared in either of 2 formats.
(3) Under 1 format, it may consist of a fixed agenda describing in detail the nature and extent of operations to be carried on under the licence or lease during the whole of its term.
(4) Under the other format (the 2-part format), it may be divided into 2 parts, namely—
(a) a fixed agenda describing in detail the nature and extent of operations to be carried on during an initial period (at least the first 2 years) of the term of the licence or lease, and
(b) a summary of intended operations during the remainder of the term.
(5) If prepared in the 2-part format, it is a condition of the petroleum title, if granted, that the holder of the title will provide progressive agendas in accordance with clause 6.
(6) The work program for a special prospecting authority is to be a fixed agenda describing in detail the nature and extent of operations to be carried on under the authority during the whole of its term.
6 Progressive agendas: section 14 (1) (d)
6 Progressive agendas: section 14 (1) (d)
6 Progressive agendas: section 14 (1) (d)
(Former clause 6 of 2007 Reg)
(1) For the purposes of section 14 (1) (d) of the Act, if the work program supporting an application for an exploration licence or assessment lease was prepared using the 2-part format, the holder of the licence or lease must lodge another fixed agenda of operations—
(a) for a period of not less than 2 years commencing on the conclusion of the period covered by the previous fixed agenda, or
(b) for the remainder of the term of the licence or lease.
(2) That further fixed agenda must be lodged not later than 2 calendar months before the end of the initial period covered by the fixed agenda supporting the application.
(3) In the same way, further fixed agendas must be lodged, each not later than 2 calendar months before the end of the period covered by the previous agenda, until the entire term of the licence or lease is accounted for.
(4) The Minister may require that the holder of a petroleum title revise and submit a fixed agenda lodged under this clause if the Minister is of the opinion that the fixed agenda does not meet the Minister’s minimum standards with respect to the work program.
(5) It is a condition of every exploration licence or assessment lease that the holder of the licence or lease comply with any such requirement.
7 Details to be provided: section 14
7 Details to be provided: section 14
7 Details to be provided: section 14
(Former clause 7 of 2007 Reg)
A fixed agenda must include details of—
(a) the objectives of any proposed exploration, and
(b) the methods of exploration proposed to be employed.
8 Commencement of exploration activities
8 Commencement of exploration activities
8 Commencement of exploration activities
(Former clause 8 of 2007 Reg)
Not later than 14 days before starting work on any exploration borehole, seismic survey or other exploration within the area of a petroleum title, the holder of the title must advise the Minister of the intention to commence it.
Maximum penalty—100 penalty units.
9 Work programs to be adhered to: clause 6 (1) (c) of Schedule 1B
9 Work programs to be adhered to: clause 6 (1) (c) of Schedule 1B
9 Work programs to be adhered to: clause 6 (1) (c) of Schedule 1B
(Former clause 9 of 2007 Reg)
For the purposes of clause 6 (1) (c) of Schedule 1B to the Act, it is a condition of every petroleum title that the holder of the title will—
(a) carry out the operations, and any other activities, described in the work program, as for the time being in force, in respect of the title, and
(b) comply with any commitments in relation to the conduct of operations specified in the work program, as for the time being in force, in respect of the title.
10 Variation of work programs
10 Variation of work programs
10 Variation of work programs
(Former clause 10 of 2007 Reg)
(1) The holder of a petroleum title who wishes to vary the work program in force in respect of the title must lodge a submission with the Minister providing adequate details of the variation proposed to be made and setting out the reasons for making it.
(2) The Minister may approve of the variation if the Minister is satisfied that there is just and sufficient cause for making the variation and if the revised work program meets the Minister’s requirements.
(3) The variation becomes effective when the Minister signifies approval of it by a notice in writing served on the holder of the title.
(4) The Minister’s approval of a variation may also, to any extent the Minister considers necessary or convenient, vary the requirements of this Part in so far as it applies to the holder of the title concerned.
11 Applications for low-impact prospecting titles: section 45D
11 Applications for low-impact prospecting titles: section 45D
11 Applications for low-impact prospecting titles: section 45D
(Former clause 11 of 2007 Reg)
A low-impact prospecting title is not to be granted during the period of 4 months following service of notice of the application for the title on the representative bodies referred to in section 45D (1) (c) of the Act.
12 Applications for renewal of petroleum titles: section 19 (2AA) and (2AB)
12 Applications for renewal of petroleum titles: section 19 (2AA) and (2AB)
12 Applications for renewal of petroleum titles: section 19 (2AA) and (2AB)
(Former clause 11A of 2007 Reg)
(1) For the purposes of section 19 (2AA) (b) of the Act, in the case of an application for renewal of a petroleum title that relates to part only of the land comprised in the title, the prescribed manner of describing the land is by means of a map prepared in accordance with the requirements of clause 4 for a map accompanying an application for a petroleum title of that type.
(2) For the purposes of section 19 (2AB) (b) of the Act, an application for renewal of a petroleum title must be accompanied by the following information—
(a) particulars of the financial capability and relevant technical advice available to the applicant,
(b) a renewal justification statement, that is, a statement that contains the following information—
(i) details of the operations carried out on the land comprised in the title during the current term of the title, including the following—
(A) the types of operations carried out,
(B) a map showing the location of operations carried out,
(C) any expenditure incurred in relation to those operations,
(ii) a summary of the known resources, and potential resources, on the land comprised in the title,
(iii) a summary of the potential for the development of resources on the land comprised in the title,
(iv) a statement giving the reasons for which the applicant considers the renewal to be justified,
(c) a rehabilitation cost estimate in relation to the title,
(d) a work program for the proposed term of renewal that complies with the requirements of section 14 of the Act.
Note.
Clause 4 imposes requirements for maps and plans accompanying applications for a petroleum title. Section 19 (5) of the Act has the effect that the requirements of clause 4 extend to applications for renewal of a petroleum title.
13 Cancellation of petroleum titles: section 22 (2)
13 Cancellation of petroleum titles: section 22 (2)
13 Cancellation of petroleum titles: section 22 (2)
(Former clause 11B of 2007 Reg)
For the purposes of section 22 (2) of the Act, in relation to a request for the cancellation of a petroleum title that relates to part only of the land comprised in the title, the prescribed manner of describing the land is by means of a map prepared in accordance with the requirements of clause 4 for a map accompanying an application for a petroleum title of that type.
14 Records of titles: section 95
14 Records of titles: section 95
14 Records of titles: section 95
(Former clause 12 of 2007 Reg)
For the purposes of section 95 (2) of the Act, the record required to be kept—
(a) must be kept in written or electronic form, and
(b) must contain the following particulars—
(i) the type of petroleum title and the identifying number or code allocated to it,
(ii) the date on which the petroleum title was first granted,
(iii) the name and address of each person who is a holder of the petroleum title,
(iv) a description of the land over which the petroleum title is in force,
(v) the annual rental fee area for a petroleum title granted or proposed to be granted, if the Secretary is required to keep a record of the annual rental fee area under Part 7,
(vi) the period for which the petroleum title is to have effect,
(vii) the current status of the petroleum title (that is, “current”, “expired” or “cancelled”),
(viii) any interest registered under section 97 of the Act in relation to the petroleum title.
15 Prescribed particulars for transfers of titles: section 96
15 Prescribed particulars for transfers of titles: section 96
15 Prescribed particulars for transfers of titles: section 96
(Former clause 13 of 2007 Reg)
For the purposes of section 96 (2) (c) of the Act, the following particulars are prescribed—
(a) the name of the proposed transferee,
(b) a description of the financial resources available to the proposed transferee,
(c) details of any person providing technical advice to the proposed transferee,
(d) a description of the proposed work program,
(e) an estimate of the amount of money proposed to be expended on prospecting,
(f) a rehabilitation cost estimate in relation to the title.
16 Beneficial use of gas: section 28B
16 Beneficial use of gas: section 28B
16 Beneficial use of gas: section 28B
(Former clause 13A of 2007 Reg)
(1) For the purposes of section 28B (1) (a) of the Act—
(a) all assessable prospecting operations authorised by an exploration licence or assessment lease, and by an activity approval, may be carried out to enable the beneficial use of gas, and
(b) all operations authorised by an exploration licence or assessment lease in relation to which a relevant development consent is in force authorising works that facilitate the beneficial use of gas may be carried out to enable the beneficial use of gas.
(2) For the purposes of the Act, section 28B(1)(b), and in relation only to an assessable prospecting operation authorised by an activity approval, gas cannot be used beneficially unless t
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