Petroleum Regulations 1987

The Regulations operate around a small set of core regulatory concepts. Each concept modifies how a particular administrative or technical process under the Act is to be performed. These main concepts are:

• Prescribed time for notice: Regulation 2 fixes a 3 month period as the prescribed time under ss 17(4), 18 and 19 of the Act for a range of notices involving proposed operations on private land and claims of damage (r 2). The Regulation is specific about which party triggers each running of the period: permittee/holder/lessee/licensee gives notice that operations will commence (r 2(a)), and owner/occupier gives notice of injury or further damage (r 2(b)-(c)). The text anchors statutory limitation windows to concrete calendar periods, moving discretion about “reasonable time” into a fixed rule.
• Fees and rates as regulatory levers: Regulation 3, together with Schedule 1, prescribes monetary amounts and per-page rates for fees and specific Act provisions. The fees listed in Schedule 1 are tied to precise sections of the Act (for example s 31(1)(f) $8,740; s 73(2) $167), and regulation 3 specifies additional rates for particular sections (for example s 137A $20,000; s 138 $17,400) (r 3; Schedule 1; r 3(6)-(8)). Fee prescription converts discretionary administrative costs into quantifiable obligations.
• Prescribed instrument and particulars: Regulation 4 prescribes a model form of transfer for title transactions under s 72(3)(a), set out in Schedule 2. Regulation 5 prescribes the particulars required under s 75(4)(b) for dealings lodged for approval or registration, including the dealing’s description, title details, parties’ names and addresses, pre‑ and post‑registration interests, and related dealings (r 4; r 5(1)(a)-(j); r 5(2)). This ensures a standard dataset accompanies applications and registrations.
• “Federal duty” exclusions: Regulation 8 lists specific imposts that are excluded from the definition of “federal duty” in s 144A(3) of the Act, such as taxes already included in purchase prices, departure tax, fringe benefits tax, certain pay-as-you-go deductions, customs import duty, aircraft landing charges, training guarantee charge, superannuation guarantee charge, and specified higher education contributions (r 8). The Regulation therefore narrows the base of what counts as federal duty for the Act’s purposes.
• Datum and reference frames for surveying and statutory coordinates: Regulations 9, 10 and 11 are technical provisions prescribing the datum(s) to be used under s 8 of the Act. Regulation 9 contains detailed coordinates and ellipsoid parameters for GDA1994, but it is expressly given a limited continuing effect and will cease when specified provisions of later Mines and Petroleum Regulations commence (r 9(1)-(3), (4)). Regulation 10 prescribes GDA2020 as the currently prescribed datum (r 10(2)). Regulation 11 preserves the older Australian Geodetic Datum (AGD) only for limited purposes (s 27(4)), sets out the AGD ellipsoid parameters and the Johnston Geodetic Station coordinates, provides an endorsement mechanism for existing instruments referencing AGD (r 11(1)-(4)), and mandates conversion using the NTV2 grid file where conversion is required (r 11(5)).
• Transitional and saving adjustments: Regulation 12 makes a narrow transitional deletion related to the application of regulation 3 under Schedule 2 clause 3 of the Act (r 12). The compilation table lists numerous amendment instruments, revealing that many changes to fees, datums and other technical matters have been made over time.

These concepts are procedural and technical rather than substantive. They standardise administrative inputs the regulator will accept or require, fix costs that applicants must pay, and prescribe the geodetic framework for mapping and coordinates used in statutory documents. The practical effect is to reduce uncertainty about format, content, timing and monetary cost for the dealings and notices governed by the Act, shifting some discretionary administrative choices into mandatory, listed requirements.

Economically, the main levers are monetary (fees and rates), time (3 month notice windows), data standardisation (form and particulars, datum prescription) and definitional narrowing (federal duty exclusions). These levers change parties’ compliance costs and their decision calculus about whether and when to proceed with operations, registrations or transfers. The Regulations also centralise certain technical choices with the executive, by identifying the NTV2 transformation and the GDA2020 as the reference standard, decisions that matter to surveyors and title registrants.

The Regulations identify specific classes of persons and entities affected, in language that closely mirrors the Act. The principal affected actors are:

• Permittee, holder of a drilling reservation, lessee or licensee: These terms recur across the Regulations. Regulation 2 explicitly ties the obligation to give notice of intended operations on private land to the permittee, holder of a drilling reservation, lessee or licensee (r 2(a)). Regulation 3 and Schedule 1 impose fees on applicants and title-holders for particular statutory acts and processes; the fees are payable by the persons engaging with the relevant Act sections (r 3; Schedule 1). Regulation 8’s definition of federal duty exclusions applies to the calculation of duties relevant to permittees, holders, lessees and licensees (r 8).
• Owners and occupiers of private land: Regulation 2 expressly contemplates notices given by owners or occupiers when their land or improvements are injured or depreciated in value by operations, and when further damage occurs (r 2(b)-(c)). The Regulations thus affect private landholders who may need to submit notices and potentially claim compensation or action under the Act.
• Parties to dealings in titles: Regulation 4 prescribes the transfer instrument form that transferors and transferees must use for transfers of titles under s 72 (r 4; Schedule 2). Regulation 5 prescribes detailed particulars that must be supplied for dealings subject to registration and Ministerial approval under s 75 (r 5(1)(a)-(j)). Those particulars require full names, business addresses and value details for parties to transactions (r 5(1)(c), (f)-(g)).
• Surveyors, mapping professionals and registrars: Regulations prescribing datums (r 9-11) directly affect professionals who prepare coordinate data for statutory instruments, plans and registers. The Regulations specify the technical reference frame to be used and mandate conversion methodology (NTV2) for AGD-referenced coordinates (r 11(5)). The Departmental registrar or Minister’s office will receive and process the standardized data and forms.
• Entities paying or excluded from “federal duty”: Regulation 8 lists imposts excluded from the definition of federal duty for the Act’s purposes (r 8). Entities subject to duties or required to calculate federal duty under the Act must apply these exclusions when computing liability.
• Applicants for Ministerial approval and registrants: Regulation 5 requires certain particulars where Ministerial approval is sought for dealings; r 5(1)(j) addresses related dealings and the need to disclose related dealings that have been lodged or entered in the Register, including dates of approval and registration numbers where applicable. This affects legal and commercial parties involved in sophisticated title transactions.

Who pays: Schedule 1 and regulation 3 make clear that monetary obligations are on the persons who apply or engage the statutory processes tied to the listed Act sections. The Regulations do not explicitly specify recipient accounts or refund rules in the text provided; those are anchored in the Act or departmental practice.

Who decides: The Regulations standardise the inputs required by the decision-maker under the Act. The Minister and the registrar remain decision-makers under the Act for approvals and registrations; the Regulations prescribe what must be supplied to them and the fees they may charge for processing (r 4; r 5; r 3; Schedule 1).

Behaviour changes: Affected parties will need to conform to fixed timeframes (3 months under r 2), supply prescribed particulars and forms (r 4; r 5), pay the fees and rates prescribed (r 3; Schedule 1), and ensure geodetic data conform to the currently prescribed datum or are converted via the mandated method (r 9-11). Landowners who wish to complain of injury or depreciation must provide notice within the prescribed period (r 2(b)).

The Regulations therefore concentrate administrative burdens and technical requirements on applicants, title holders, surveyors and private landowners while preserving ministerial decision functions under the Act. The compilation table in the Regulations text shows these requirements have been adjusted repeatedly, signalling continuing operational attention to fees and datum alignment (Compilation table).

The Regulations create a set of duties, procedural obligations and some specific rights derived from the way the Act is administered. The following are the principal duties and rights articulated or prescribed by the Regulations text, with cross references to the Regulations where the obligation appears.

Duties and procedural obligations

• Duty to give notice of intended operations and to respond to damage claims: Regulation 2 prescribes a three month period for notices under sections 17, 18 and 19 of the Act: permittees and holders of drilling reservations, lessees or licensees must give notice to private land owners or occupiers of the intention to commence operations (r 2(a)). Owners or occupiers who claim injury, depreciation or further damage must give notice to the permittee etc within three months of occurrence (r 2(b)-(c)). The Regulation thus fixes temporal duties for both operators and landowners.
• Duty to supply prescribed particulars for dealings: Regulation 5(1) lists mandatory particulars for dealings lodged under s 75(4)(b). These include the description and execution date of the dealing, title details, full name and business address of each party, the effect on registration, interests before and after registration, and, where applicable, values and related dealings (r 5(1)(a)-(j)). Related dealings are strictly defined in r 5(2), and must be disclosed where relevant.
• Duty to use the prescribed form of transfer: Regulation 4 prescribes the form set out in Schedule 2 as the instrument of transfer under s 72(3)(a). The form contains specific fields that the transferor and transferee must complete, including the type and number of title and consideration value where required (r 4; Schedule 2).
• Duty to pay prescribed fees and rates: Regulation 3 and Schedule 1 list prescribed fees and rates for specified sections of the Act. The monetary obligations are specific amounts tied to Act provisions, for example $8,740 for s 31(1)(f), $149.00 per page for s 81(2), and specified rates for s 137(b), s 137A and s 138 (r 3; Schedule 1).
• Duty to use prescribed datum and conversion method where applicable: Regulation 10 prescribes GDA2020 for purposes referred to in s 8(1) of the Act (r 10(2)). Regulation 11 preserves AGD only for limited purposes under s 27(4), and requires conversion from AGD to GDA using the National Transformation Version 2 (NTV2) grid file where conversion of coordinates is required (r 11(1), (4)-(5)).

Rights and procedural protections (express or implied by prescription)

• Right of owners/occupiers to give notice of damage: Regulation 2 recognises the procedural right of an owner or occupier to notify the permittee etc of injury or depreciation and of further damage (r 2(b)-(c)). The Regulation thereby preserves the Act’s mechanism for landholders to assert a damage claim within a prescribed window.
• Right to rely on prescribed conversion methods and datum: Regulation 11(5) provides a single, mandatory conversion tool (NTV2) for transforming AGD-based coordinates to GDA, and r 10 prescribes the GDA2020 for s 8(1) purposes. Those rules give parties clarity and a prescribed technical standard they can rely on when preparing statutory plans and instruments.
• Endorsement of historical instruments: Regulation 11(4) allows instruments in force immediately before 16 December 2000 that reference AGD to be endorsed, if practicable, to note that AGD applied. The omission of such an endorsement does not affect the validity of the instrument. This provides a protection for older instruments, preventing invalidation due to the datum change (r 11(4)).

Constraints and lacunae in the Regulations text

• The Regulations do not create substantive rights of compensation or adjudication mechanisms; they supply timing, forms and fees that feed into Act processes. Substantive rights and penalties remain under the Act. Where the Regulations impose duties (for example to provide particulars or use a form), the practical consequences of non‑compliance are not specified in the Regulations text; enforcement and remedial consequences are matters for the Act and its administrative practice.
• The Regulations list exclusions from “federal duty” but do not set the rate of federal duty itself. Parties must consult the Act to determine how the federal duty interacts with other monetary obligations under the Act (r 8).
• The Regulations require conversion methodologies and datums but do not provide guidance on technical implementation beyond specifying NTV2 and the GDA2020 reference (r 10; r 11(5)). Practitioners will need to apply surveying standards and may rely on departmental technical guidance beyond the Regulations.

In short, the Regulations transform a set of administrative choices and technical specifications into mandatory duties that affect timing, data format and monetary cost. Rights protected by the Regulations are principally procedural,ensuring parties can rely on prescribed datums and have the opportunity to lodge notices within fixed timeframes,and the Regulations contain explicit saving provisions to protect pre-existing instruments that reference older datums (r 11(4)).

The Regulations themselves are primarily procedural and technical; they do not, within the text provided, create express criminal offences or set out penalty schemes. Instead the instrument prescribes processes, forms, fees and technical standards intended to be enforced under the Act’s broader regulatory framework. The text therefore requires cross-reference to the parent Act for the substantive enforcement architecture. From the Regulations’ text the enforcement and penalty picture can be described as follows.

Monetary enforcement via prescribed fees and rates

• The Regulations prescribe fees and rates payable for specified Acts’ processes (r 3; Schedule 1). By specifying precise amounts (for example $8,320 or $8,740 for multiple Act sections, a $149.00 per page rate, and higher fixed rates such as $20,000 for s 137A and $17,400 for s 138), the Regulations create quantifiable liabilities. Enforcement of payment, recovery of unpaid fees and any administrative sanctions for non-payment will be governed by the Act and departmental practice. The Regulations themselves do not provide a civil recovery mechanism or specify late payment penalties in the text.
• Parties lodging filings (transfer instruments, dealings) will be required to supply prescribed particulars (r 5). Failure to supply the required particulars may render an application defective, delaying registration or Ministerial approval. The Regulations do not themselves articulate the consequence; the Act will provide the decision-maker’s powers to reject or return incomplete applications.

Technical enforcement: datum and conversion requirements

• Regulations 9-11 prescribe the datum(s) and conversion method (NTV2) for coordinate transformations (r 9-11). Compliance with these prescriptions will be enforced by the registrar and the Minister when accepting plans, coordinates and instruments for registration. The Regulations do not give surveyors statutory liability or specify penalties for incorrect coordinates; enforcement will be through the Act’s approval and registration processes, and potentially through professional or contractual remedies.

Procedural enforcement and Ministerial discretion

• Regulation 5 requires disclosure of related dealings, including dates of approval and registration numbers where applicable (r 5(1)(j)). The Minister’s approval and the registration regime are the points at which compliance is assessed. The Regulations supply the dataset the Minister will rely on, and the Act defines the Minister’s powers to approve or refuse and the consequences of non-compliance.
• Regulation 11(4) provides that omissions in endorsing pre-2000 instruments with AGD statements do not affect validity, an explicit substantive protection that reduces the risk of invalidity as an enforcement outcome for older instruments. This is a saving provision that reduces the regulatory risk for existing instruments.

What is not in the Regulations

• There are no penalty amounts or specific fine schedules in the Regulations text provided. Any monetary penalties, enforcement notices, suspension or cancellation powers, or criminal offences are not created here; they are reserved to the Act itself.
• The Regulations do not specify appeal routes, judicial review or administrative review procedures. Those procedural protections, if any, will be in the Act or in general administrative law.

Practical enforcement pathway

• In practice enforcement will happen at the point of application, registration, approval, or the exercise of the Minister’s powers under the Act. The Regulations standardise the information and fees that trigger those administrative actions. Non-compliance will typically manifest as a refusal to register, a request for further information, or the Minister taking action under the powers granted by the Act.

To understand the concrete enforcement consequences for non-compliance with a regulation (for example the consequences of failing to use the prescribed transfer form or failing to pay a fee), practitioners must consult the Act’s enforcement provisions and the Department’s administrative practice. The Regulations’ role is to prescribe inputs that the enforcement machinery will accept or reject; they do not by themselves create a standalone penalty scheme.

The Regulations are tightly integrated with the Petroleum and Geothermal Energy Resources Act 1967 and reference a number of Commonwealth Acts and other instruments. All interaction in the text is by explicit cross-reference. The relevant inter‑legislative connections in the Regulations are as follows.

Relationship with the Act and subordinate Acts

• The entire Regulations are made for the purposes of the Act, invoking specific Act sections for each prescription. For example regulation 2 prescribes the time for Act s 17(4), regulation 3 prescribes fees for various specified Act provisions, regulation 4 prescribes the transfer form for s 72(3)(a), regulation 5 prescribes particulars for s 75(4)(b), regulation 8 operates for s 144A federal duty, and regulations 9-11 prescribe datums for s 8 and AGD usage for s 27(4) (r 2; r 3; r 4; r 5; r 8; r 9-11). The Regulations function as subordinate legislation to give practical effect to the Act’s procedural and technical provisions.
• References in the Regulations to the Acts Amendment (Petroleum) Act 1990 appear in regulation 5 and the notes, indicating coordinated changes in the Act’s structure and responsibilities over time. The compilation table records the Acts Amendment (Petroleum) Act 1990 commencement and related transitional provisions (Compilation table; other notes).

Interaction with Commonwealth tax and other Acts

• Regulation 8 explicitly refers to Commonwealth Acts when excluding certain imposts from “federal duty” under s 144A(3) of the Act. The excluded imposts listed include deductions required under the Income Tax Assessment Act 1936, contributions under Part 4.2 of the Higher Education Funding Act 1988, and other federal charges (r 8). The Regulations therefore direct how federal tax items interact with the Act’s federal duty concept, reducing double-counting of some charges in duty calculations.
• The Regulations do not displace or alter federal tax law; they merely define exclusions for the purpose of the Act’s federal duty computation.

Interaction with surveying and national measurement instruments

• Regulation 9 prescribes GDA1994 as the Australian datum for s 8 purposes (r 9). Regulation 10 prescribes GDA2020 as the current datum, referencing the National Measurement (Recognized‑Value Standard of Measurement of Position) Determination 2017 (Cth) clause 4 for the definition of GDA2020 (r 10(1)-(2)). Regulation 11 preserves AGD for limited purposes and specifies conversion via the National Transformation Version 2 (NTV2) grid file (r 11(5)). These cross-references embed national surveying and measurement standards into the State regulations.
• The Regulations also reference a separate set of Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025, which affect the timing of regulation 9’s continued effect (r 9(4)). The compilation table confirms those 2025 regulations and their commencement dates (Compilation table).

Interaction with registration fees Act

• Regulation 5 references the Petroleum and Geothermal Energy Resources (Registration Fees) Act 1967 in relation to valuations to be provided for certain dealings, and to whether parties have applied under section 4(7) of that registration fees Act (r 5(1)(f)-(h)). This links the federal/state registration fee framework to the particulars required for dealings in petroleum titles.

Transitional operation with other regulations

• Regulation 12 is a transitional provision made specifically for Schedule 2 clause 3(4) of the Act and deletes a previous regulation 3 as applied under that clause (r 12). The compilation table lists multiple amendments and reprints showing that the Regulations have been repeatedly updated across decades to maintain alignment with the Act and other regulatory instruments (Compilation table).

What is not altered by the Regulations

• The Regulations do not alter title to land, substantive licensing conditions, or the Minister’s policy discretion granted by the Act. They supply technical and administrative requirements that must be followed when exercising rights and duties under the Act. Substantive changes to rights, reservations, or the licensing regime are matters for the Act and any amending Acts.

Practical implication for practitioners

• When preparing documents or advising clients, verify the datum specified for the relevant date and statutory purpose: GDA2020 is currently prescribed for s 8(1) purposes (r 10(2)), but AGD remains relevant for s 27(4) matters and older instruments may still reference AGD (r 11(1), (4)). Use the NTV2 transformation for coordinate conversion where required (r 11(5)).
• When computing federal duty for transactions under the Act, apply the exclusions listed in r 8 to avoid double counting common federal imposts.
• Follow the prescribed particulars and form requirements in r 4 and r 5 to ensure dealings are properly lodged for Ministerial approval and registration.

All cross-references above are explicit in the Regulations text; practitioners must read the Act in parallel to understand the full legal consequences of meeting or failing these regulatory prescriptions.

The Regulations have a long recorded amendment history reflected in the compilation table included in the text. The compilation table is the authoritative ledger for changes and provides commencement dates for each amendment. The key amendment features and changes recorded in the Regulations text are:

• Initial Gazette and commencement: The original Petroleum Regulations 1987 were published 23 October 1987 and commenced the same day (Compilation table).
• Major early amendments: Significant amendments occurred in 1990 (Gazette 28 Sep 1990, amendments commenced 1 Oct 1990) and multiple amendments through the 1990s and 2000s, including insertions of new regulations and amendments to fees (Compilation table).
• Insertion of terms and datum updates: Regulation 1A defining AGD and GDA was inserted on 15 December 2000 (Gazette 15 Dec 2000), with further amendment in 2025 (r 1A insertion and amendment entries).
• Datum-related changes: Regulation 9 (GDA1994) was inserted 15 December 2000 and includes the GDA1994 reference frame parameters and fiducial station coordinates (r 9). Regulation 10 (GDA2020) and parts of regulation 11 (AGD for limited purposes) were added or amended as part of the 2025 Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025 (SL 2025/172), with r 10 inserted by SL 2025/172 r 16 and r 11 amended by SL 2025/172 r 17. Regulation 9 contains a savings clause that it does not operate on or after the day regulations 15 and 16 of the 2025 amendment come into operation (r 9(4)).
• Fee updates and consolidation: Regulation 3 and Schedule 1 have been repeatedly amended to update fees and rates. Notable fee amendment years include 1994, 2000, 2002, 2003, 2009, 2010, 2011 and multiple annual updates through to 2025. Recent amendments include SL 2024/97 (r 19) updating Schedule 1 and SL 2025/90 (r 21) amending Schedule 1 entries (Compilation table; Schedule 1 notes).
• Deletions and renumbering: The Regulations record deletions of provisions (for example r 6 and r 7 were deleted 23 Jun 2009). Subsections of regulation 3 have also been deleted at times; the footnote notes deletions (r 3).
• Transitional provisions: Regulation 12 was inserted on 30 June 2015 to deal with the operation of regulation 3 under Schedule 2 clause 3 of the Act (r 12).
• Reprints: The Regulations have been reprinted at least three times as indicated in the compilation table: reprints in 2001, 2009 and 2013 that incorporate prior amendments (Compilation table).

Specific amendment entries in the compilation table of note

• Petroleum Amendment Regulations 1990 (28 Sep 1990) came into force 1 Oct 1990 for most parts, and the Acts Amendment (Petroleum) Act 1990 effected structural changes that required transitional adjustments in the Regulations (Compilation table; other notes 1).
• The 2000 amendments (Gazette entries in 2000) gave effect to datum-related changes and introduced r 1A and r 9 (GDA1994). These are linked to the shift in surveying reference frames beginning in 2000 (r 1A; r 9).
• The 2015 amendments and later annual updates (2016-2025) were largely focused on fees and levies, and the 2025 amendments addressed the geocentric datum transition to GDA2020 and related machinery (Compilation table; r 10; SL 2025/172).

Practical reading of the compilation entries

• When advising clients or preparing filings, always check the compilation table and the most recent amendment instruments (for example SL 2024/97 and SL 2025/90, SL 2025/172) to ensure the fee amounts, datum prescriptions and other technical rules are current for the date of the transaction or filing (Compilation table; Schedule 1).
• The Regulations’ amendment history shows frequent adjustment of fee schedules and occasional technical updates to datums; this indicates that fiscal and technical elements of the regime are maintained as operational levers and must be checked against the latest published Regulations.

The Regulations’ compilation table in the provided text is the source record for amendment timing and instrument names, and practitioners should consult it alongside the consolidated Regulations when confirming applicable rules.

The Regulations document provided contains no case law or litigation references. The text names no decisions, and the compilation table records only legislative and regulatory instruments and commencement dates. Accordingly:

• There are no judicial or tribunal decisions cited in the Regulations text or compilation notes.
• The Regulations do not record any litigation history or annotated case law within the text provided.

Implications for practitioners

• The absence of litigation references in the Regulations means that to understand how courts have interpreted any overlapping provisions in the Act and Regulations, practitioners must consult external case law databases and decisions under the Petroleum and Geothermal Energy Resources Act 1967. The Regulations themselves are silent on how courts have applied the technical prescriptions (for example datum rules or fee rules).
• For disputes about whether a filing complied with the prescribed particulars (r 5), a court or tribunal would interpret the Act and the Regulations in light of administrative law principles; none of that interpretive history is included in the Regulations text provided.
• Any enforcement action or dispute over fees, registration, transfers or notice timing would be governed by the Act and potentially by judicial review principles, but the Regulations do not identify precedents.

In short, the Regulations furnish the procedural and technical rules, and the litigation record relevant to their interpretation will be found in case law under the Act and by reference to administrative decisions. The Regulations text contains no litigation history to report.

The Regulations contain several technical and procedural features that can produce practical pitfalls if overlooked. These “gotchas” are grounded in the Regulations text and the compilation notes.

1. Fixed three month notice windows, not “reasonable” time

• Regulation 2 prescribes a 3 month period as the prescribed time for ss 17(4), 18 and 19 (r 2). Practitioners sometimes assume “reasonable” time or longer negotiation windows apply; the Regulations fix the period. Missed notice windows may have consequences under the Act for claims or rights tied to those notices. Always verify the triggering date for the three month clock: it is the day notice is given (r 2(a)-(c)).

2. Fee amounts are specific and updated periodically

• Schedule 1 lists precise fee amounts tied to specific Act provisions. These amounts have been recently updated, including by SL 2024/97 and SL 2025/90. Relying on an out-of-date fee schedule will result in underpayment and administrative rejection or delay (r 3; Schedule 1). Confirm the current Schedule 1 and any statutory instrument that updated it before lodging documents.

3. Multiple references to the same dollar amount in different contexts

• Regulation 3 prescribes both per-page and per-provision rates (for example a “rate of $149.00 per page” for s 81(2) at r 3(2), while Schedule 1 also contains a $149.00 amount for s 80(1) at item 16). Ensure you apply the fee to the correct Act section and the correct charging basis when calculating fees.

4. Datum transition complexity (GDA1994, GDA2020, AGD)

• The Regulations contain overlapping datum provisions. Regulation 9 sets out GDA1994 and its fiducial stations, but r 9(4) provides that this regulation ceases effect upon the commencement of certain 2025 Mines and Petroleum Regulations provisions. Regulation 10 prescribes GDA2020 as the currently prescribed datum for s 8(1) (r 9; r 10). Regulation 11 preserves AGD for limited purposes and mandates NTV2 conversion for AGD-derived coordinates (r 11(1)-(5)). Practitioners preparing coordinate data must determine which datum applies to their specific statutory purpose and date, and must apply NTV2 conversions where required. Failure to use the prescribed datum or correct conversion method can result in rejected plans or delays.

5. Endorsement of historical instruments is “if practicable”

• Regulation 11(4) allows but does not require endorsement of older instruments that reference AGD with a statement noting AGD applied, and further states the omission of such a statement does not affect validity (r 11(4)). Don’t assume that absence of endorsement invalidates older instruments; the regulation expressly protects validity. Nevertheless, endorsement where practicable is recommended to avoid ambiguity.

6. Narrowness of federal duty exclusions

• Regulation 8 lists specific imposts excluded from the definition of “federal duty” (r 8). Practitioners should not assume other taxes or charges are excluded; the list is exhaustive within the regulation. When computing federal duty, apply only those listed exclusions.

7. Prescribed form of transfer is mandatory

• Schedule 2 contains the specific wording and fields for a transfer of title under s 72(3)(a) (r 4; Schedule 2). Using a different form or omitting required fields (for example type and number of the title, value of consideration) risks the instrument being treated as defective.

8. Related dealings must be disclosed

• Regulation 5(1)(j) and r 5(2) require disclosure of related dealings and define what constitutes a related dealing (r 5(1)(j); r 5(2)). Omission can lead to misrepresentation of the transfer’s effect and may impact Ministerial approval or registration outcomes.

9. Multiple amending instruments and commencement dates

• The compilation table lists dozens of amendment instruments across decades. Some amendments have staggered commencements where r 1 and r 2 commence earlier than the rest of the regulation. Practitioners must check the specific commencement dates of each amendment instrument (Compilation table). Relying on printed versions without checking commencement dates can lead to compliance errors.

10. Regulations do not set enforcement penalties

• The Regulations do not specify the consequences of non-compliance such as fines. Do not assume a missing checklist item is a criminal offence; instead check the Act for the consequence. Conversely, do not assume the absence of an express penalty means non-compliance has no practical effect: applications can be refused, delayed, or rendered invalid administratively.

These are concrete, regulatory traps apparent from the text. Practitioners should verify datum, fee, notice and form requirements against the latest consolidated Regulations before filing, and cross-check the Act for enforcement, appeal and substantive consequences.

This section sets out a practical compliance checklist, drawn strictly from the Regulations text, for the main processes governed by the Regulations: notices under ss 17-19, lodging dealings and transfers, fee payment, datum and coordinate submission, and federal duty computations. Each step cites the relevant regulation or schedule.

1. Notices under ss 17-19 (regulation 2)

• If you are a permittee, holder of a drilling reservation, lessee or licensee intending to commence operations on private land, serve notice to the owner or occupier. The prescribed time for the purposes of s 17(4) is 3 months from the day that notice is given (r 2(a)).
• If you are an owner or occupier claiming injury or depreciation in value resulting from operations that affect adjoining or nearby land comprised in a title, give notice to the permittee/holder/lessee/licensee within 3 months from the day the owner or occupier becomes aware (r 2(b)).
• Where further damage occurs to the surface or improvements, the owner or occupier must similarly give notice within 3 months from the day the further damage occurs (r 2(c)).
• Keep documentary proof of the date of service of notices, because the Regulations measure the prescribed time from the day notice is given (r 2).

2. Preparing a transfer of title (regulation 4; Schedule 2)

• Use the exact form of instrument of transfer set out in Schedule 2 as the prescribed form for transfers under s 72(3)(a) (r 4; Schedule 2). Do not substitute an alternative form without first confirming statutory acceptability.
• Complete all mandatory fields in Schedule 2: the name(s) of transferor(s), the type and number of the title transferred, the value of the consideration (if applicable), and the name and address of the transferee(s) (Schedule 2).
• Ensure the transfer is signed or sealed as required by the form (Schedule 2).

3. Lodging dealings and providing particulars (regulation 5)

• When lodging a dealing for registration or Ministerial approval that triggers s 75(4)(b), supply the particulars listed in r 5(1), including description and execution date of the dealing, title details, full names and business addresses of parties, details of effects on registration, interests before and after, and values where the Registration Fees Act applies (r 5(1)(a)-(h)).
• If there are related dealings as defined in r 5(2), disclose those dealings and include their descriptions, dates of execution and dates of approval and registration numbers where applicable (r 5(1)(j); r 5(2)).
• Verify whether the dealing is subject to the Registration Fees Act provisions cited in r 5(1)(f)-(h) and supply valuation information where required.

4. Pay prescribed fees and apply rates (regulation 3; Schedule 1)

• Identify the exact Act section under which your application or process falls, then find the corresponding prescribed fee in Schedule 1 (r 3(1); Schedule 1).
• For general per-page or specified rates, apply the rates in regulation 3 where applicable (for example $149.00 per page for s 81(2), r 3(2); prescribed rates for s 137(b), s 137A, s 138 at r 3(6)-(8)).
• Confirm the current Schedule 1 amounts by reference to recent amending instruments listed in the compilation table, for example SL 2024/97 and SL 2025/90 that affected Schedule 1 (Compilation table; Schedule 1).
• Retain receipts and proof of payment for all statutory fees.

5. Federal duty computation (regulation 8)

• When calculating federal duty under s 144A(3) for the Act’s purposes, exclude the imposts listed in regulation 8 (r 8). The exclusions include taxes already included in purchase prices, departure tax, fringe benefits tax, pay-as-you-go deductions, customs import duty, aircraft landing charge, training guarantee charge, superannuation guarantee charge, and specified higher education contributions (r 8(a)-(j)).
• Do not assume other taxes are excluded; only those listed in r 8 are excluded for the Act’s federal duty provision.

6. Geodetic datums and conversion (regulations 9-11)

• For matters under s 8(1) of the Act, use GDA2020 as the prescribed datum (r 10(2)). For any purpose specifically preserved under s 27(4) of the Act, use AGD where r 11 allows it (r 11(1)).
• If converting coordinates from AGD to the GDA, use the National Transformation Version 2 (NTV2) grid file transformation as mandated in r 11(5). Do not use alternative ad hoc transformations without departmental approval.
• For instruments in force immediately before 16 December 2000 that reference AGD, consider endorsing the instrument to state that AGD applied, if it is practicable to do so. Bear in mind omission of that endorsement does not affect validity (r 11(4)).

7. Transitional and validation issues (regulation 12)

• Be mindful of transitional deletions and savings, for example regulation 12 deletes regulation 3 as applied under Schedule 2 clause 3(3)(b) of the Act (r 12). Always check whether a regulation operates in relation to older instruments or transitional provisions in the Act.

8. Check commencement and amendment timing

• Before filing, confirm the operative date of any amendment that affects fee levels, datum prescriptions, or form requirements using the compilation table in the Regulations text and the cited amending instruments (Compilation table).
• Some amending instruments commence in stages; verify whether r 1 and r 2 are separate in commencement from the remainder of the instrument in each amending instrument.

9. Document retention and proof

• Keep copies of the prescribed transfer form and full particulars, proof of service of notices with dates, and proof of fee payment. These records are essential if the registrar queries compliance or if the Minister exercises powers related to the transaction.

10. Cross-reference with the Act and Departmental guidance

• The Regulations prescribe procedural inputs. For substantive consequences of non-compliance, appeals, the precise operation of Ministerial discretion or enforcement, consult the Act. Also consult Departmental technical guidance on datum use and transformation tools where available; the Regulations mandate the transformation method (NTV2) but do not provide implementation tooling.

Checklist summary

• Did you prepare notices and serve them within 3 months as required (r 2)?
• Did you complete the Schedule 2 transfer form in full and sign/seal it (r 4; Schedule 2)?
• Have you supplied all particulars listed in r 5(1) and disclosed related dealings per r 5(2)?
• Have you identified the correct fee in Schedule 1 or the correct rate in r 3 and paid it, using the latest fee schedule (r 3; Schedule 1)?
• Have you used the correct datum (GDA2020 for s 8(1) matters) or AGD where r 11 permits, and applied the NTV2 conversion where applicable (r 10; r 11(1), (5))?
• Have you applied the federal duty exclusions of r 8 where calculating duty (r 8)?
• Have you checked the compilation table for the current commencement status of any amending instruments affecting your transaction (Compilation table)?

Following these steps, grounded in the Regulations provisions cited above, will position a filing or transaction to meet the formal requirements the Regulations prescribe.