Schedule 1A Fees for resource management, activity and
regulation 4(2)
The fee for an application for the approval of a well
operations management plan under section 61(2)(b) of the
Act is to be determined by its complexity as follows:
– high complexity well operations management
plan, being a plan that involves the management of a
well that includes any of the following:
o high pressure – the maximum anticipated
surface pressure is greater or equal to
10,000 psi (69 MPa) or needs the deployment
of pressure control equipment with a rated
working pressure in excess of 10,000 psi
(69 MPa));
o high temperature – the undisturbed bottom
hole temperature at prospective reservoir
depth or total depth is greater or equal to
149 degrees Celsius or (300 degrees
Fahrenheit);
o hydraulic fracturing/well stimulation;
o the management of risks arising from the
presence of hydrogen sulphide from the
reservoir, including by the deployment of
additional equipment, plans and emergency
procedures;
o managed pressure drilling;
o a well outside known fields, or the first well
drilled in an petroleum field where no other
petroleum production exists;
o novel drill operations and equipment needing
the deployment of specific non-standard or
new equipment or techniques not currently in
11 614
Petroleum Regulations 2020 70
use or approved for use;
– medium complexity, being a plan that is not high
complexity and covers the operation of more than
one well;
7 946
– low complexity, being all other plans 6 113
The fee for an application for the approval of a field
management plan under section 61(2)(b) of the Act
34 622
The fee for an application for the approval of a petroleum
surface infrastructure plan under section 61(2)(b) of the Act
11 397
The fee for an application for the approval of a revised well
operations management plan under section 61B(5) of the
Act is to be determined by its complexity as follows:
high complexity;
medium complexity;
low complexity
The level of complexity is the same as the level of
complexity for the approval of the well operations
management plan except that the only activities to be taken
into account are activities not previously covered by the
plan.
8 333
5 702
4 386
The fee for an application for the approval of a revised field
management plan under section 61B(5) of the Act is to be
determined by its complexity as follows:
– medium complexity, being a revised plan that is not
low complexity;
16 061
– low complexity, being a revised plan:
o with a minimum of 10 years production data;
or
o where the permittee or licensee does not
propose to make a significant change to
development or management strategy of the
12 354
Petroleum Regulations 2020 71
field covered by the plan
The fee for an application for the approval of a revised
petroleum surface infrastructure plan under section 61B(5)
of the Act is to be determined by its complexity as follows:
– high complexity, being a revised plan that includes
the development of a new petroleum processing
facility;
7 944
– medium complexity, being a revised plan that:
o is not high complexity; and
o includes the development of new well site
facilities and pipelines;
5 435
– low complexity, being any other revised plan 4 181
The fee for an application to vary a condition of an approved
plan under section 61C(3)(b) of the Act
4 386
Petroleum Regulations 2020 72
regulation 4(3)
1 In this Schedule:
assessment rating means the assessment rating for a particular
activity category specified in the Table.
2 (1) The monetary value of the base fee is 28 047 revenue units.
(2) The monetary value of a unit value is 2 104 revenue units.
3 (1) The fee for an application for the approval of an environment
management plan has 2 components:
(a) the base fee; and
(b) the sum of the assessment ratings for each title area for the
regulated activities to which the environment management
plan relates, multiplied by the unit value.
(2) In calculating the component of the fee under subclause (1)(b):
(a) if 2 or more activities to be undertaken in a particular title area
fall into a particular activity category, that category will be
counted once in relation to that title area; and
(b) an activity to be undertaken in 2 or more title areas will be
counted once for each title area; and
(c) for 2 or more seismic surveys to be undertaken in a title area,
the total length of seismic surveys in that title area are to be
added together for the purposes of the Table.
(3) The fee for a revision of a current environment management plan,
payable when the proposed revision is submitted to the Minister, is
the same as the fee for the approval of an environment
management plan.
Table
Activity category Assessment
Land clearing (for any purpose) and earthworks (including cutting, filling,
excavating or trenching) 2
Petroleum Regulations 2020 73
Activity category Assessment
Seismic surveys (total length):
up to 100 km
more than 100 km
fracture stimulation activities – up to 3 wells
fracture stimulation activities – 4 or more wells
stimulation activities – up to 3 wells
stimulation activities – 4 or more wells
The construction, operation, modification, decommissioning, dismantling
or removal of other facilities used for the recovery or processing of
petroleum
The construction, operation, modification, decommissioning, dismantling
or removal of any other facilities 3
Petroleum Regulations 2020 74
regulation 14
Notes for Schedule 2
1 A reference in this Schedule to an owner/occupier is a reference to the
person who is the designated person under these Regulations.
2 For the purposes of an access agreement, the parties should determine
whether the references should be to an owner or to an occupier.
3 The parties should also determine whether the agreement should refer to
a permit or to a licence (depending on the kind of petroleum interest held
by the interest holder).
1 Minimum notice
periods
(1) Unless otherwise agreed with the
owner/occupier, the interest holder must give
at least 14 days notice of the interest
holder's intention to commence regulated
operations on the land.
(2) A notice to a party will be sent to the address
nominated by the party for the service of
notices under the agreement.
(3) The requirement to give a notice under this
clause does not apply if the interest holder is
acting:
(a) for the purpose of preserving life or
property, or addressing a threat or risk
to life or property; or
(b) in an emergency situation, or
threatened emergency; or
(c) in order to comply with any Act or law,
order or direction of a court or tribunal
constituted by law, or order or
direction of an official acting under a
law of the Territory or the
Commonwealth.
(4) If the interest holder acts under
subclause (3), the interest holder must take
reasonable steps to notify the
owner/occupier of the interest holder's entry
to the land before entry.
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2 Minimise
disturbance
The interest holder must do everything that is
reasonably practicable to minimise disturbance to
the owner/occupier's livestock (if any) and existing
uses of the land.
3 Weeds, pests
and diseases
The interest holder must take all reasonable
measures to prevent the introduction or spread of
weeds, feral pests or diseases on account of the
interest holder's activities under the permit/licence.
4 Induction The interest holder must take reasonable steps to
ensure that the interest holder's employees and
contractors have received information and training
on the obligations that apply in relation to carrying
out operations or work on the land under:
(a) the agreement; and
(b) the Act and the Regulations made under the
Act; and
(c) any other Act.
5 Access points (1) The parties must take reasonable steps to
agree on the location of access points to the
land.
(2) To the extent that agreement is not reached
under subclause (1):
(a) if reasonably practicable – the interest
holder must use an existing access
point to the land (whether a road,
track or otherwise); or
(b) to the extent that paragraph (a) does
not apply – the interest holder must
design and construct any necessary
access point in a way that minimises
(so far as is reasonably practicable)
disturbance to the owner/occupier's
existing uses of the land.
(3) The interest holder must maintain any
access point (whether a road, track or
otherwise) used by the interest holder in a
safe condition.
Petroleum Regulations 2020 76
6 Gates Unless otherwise agreed with the owner/occupier in
a specific case, the interest holder must, after using
a gate, return the gate to its original position.
7 Consent to
fence
(1) Subject to the Act and the interest holder's
obligations under the Work Health and
Safety (National Uniform Legislation)
Act 2011 or under any other regulatory
requirements, the interest holder must not
construct a fence, gate, grid or other barrier
on the land without the consent of the
owner/occupier.
(2) Unless otherwise agreed with the
owner/occupier, any fence, gate, grid or
other barrier constructed on the land must be
stock-proof.
8 Camps If the interest holder proposes to construct a camp
on the land, the parties agree to take reasonable
steps to agree on the location, size and
management of the camp.
9 Obligation to
repair
If a fence, gate, grid or other barrier is damaged on
account of any activities carried out under the
permit/licence, the interest holder must:
(a) promptly notify the owner/occupier providing
reasonable details of the damage; and
(b) promptly notify the Agency; and
(c) either:
(i) in consultation with the
owner/occupier, repair the damage; or
(ii) with the agreement of the
owner/occupier, pay the
owner/occupier the reasonable cost of
repair, being an amount agreed
between the parties.
10 Notification of
damage
(1) This clause applies if any loss, harm or
damage is caused to any of the
owner/occupier's land, infrastructure or
livestock on account of an activity carried out
under the permit/licence, other than damage
referred to in clause 9.
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(2) If this clause applies, the interest holder
must, as soon as practicable after the
incident and in any event within 14 days:
(a) notify the owner/occupier, providing
reasonable details of the loss, harm or
damage; and
(b) unless the incident is a reportable
incident under the Petroleum
(Environment) Regulations 2016,
notify the Agency.
(3) The interest holder must use the interest
holder's best endeavours to ensure that a
notification under subclause (2)(a) is given at
the same time as, or before, a notification is
given under subclause (2)(b).
11 Rehabilitation
and
remediation
(1) The interest holder must consult with the
owner/occupier about the rehabilitation and
remediation of the land and, subject to any
regulatory requirements, have reasonable
regard to the owner/occupier's proposals
relating to rehabilitation and remediation of
the land.
(2) The interest holder must:
(a) confer with the owner/occupier about
leaving in place improvements that
are of use to the owner/occupier (if
they can be lawfully left in place); and
(b) within 3 months after completing the
rehabilitation and remediation
required under the Act or Regulations
made under the Act, engage a
suitably qualified person, who is
independent of the parties, to prepare
and provide a report that assesses the
extent and effectiveness of the
rehabilitation and remediation.
(3) The interest holder must, within 1 month
after receiving a report under subclause (2),
provide a copy of the report to:
(a) the owner/occupier; and
(b) the Agency.
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12 Compensation
for drilling
(1) The minimum amount of compensation
payable for the drilling of a well on the land
must be set out under this clause.
(2) This clause does not limit any right under
any provision of the Act as to the provision or
payment of compensation, or any right to
apply to the Tribunal with respect to a
dispute about compensation.
13 Compensation
for decrease in
value of land
(1) This clause must indicate whether it is
anticipated that any activities carried out on
the land will lead to a decrease in the market
value of land and, if so, a preliminary
assessment of the amount of the decrease.
(2) This clause does not limit any right under the
Act as to the provision or payment of
compensation, or any right to apply to the
Tribunal if there is a dispute about
compensation.
14 General
obligation to
make good
(1) Subject to a more specific provision relating
to compensation and repair in the event of
any harm or damage, the interest holder has
a general obligation to make good any harm
or damage caused to the owner/occupier's
land, any water on or under the
owner/occupier's land, infrastructure or other
improvements, or operations relating to the
use of the land, on account of any activities
carried out under the permit/licence.
(2) The owner/occupier will give notice to the
interest holder of any harm or damage that
must be addressed under this clause.
(3) The interest holder must immediately notify
the owner/occupier if the interest holder
disputes the interest holder's liability under
this clause.
(4) If it is reasonably possible for any harm or
damage to be rectified or repaired, the
interest holder may, in consultation with the
owner/occupier, take steps to rectify or repair
the harm or damage.
Petroleum Regulations 2020 79
(5) If it is not reasonably possible for any harm
or damage to be rectified or repaired, the
interest holder must pay reasonable
compensation to the owner/occupier on
account of the harm or damage.
15 Indemnification (1) The interest holder indemnifies the
owner/occupier with respect to any harm or
damage caused to the owner/occupier's
land, any water on or under the
owner/occupier's land, infrastructure or other
improvements, or operations relating to the
use of the land, on account of any activities
carried out under the permit/licence.
(2) The indemnity extends to the acts and
omissions of any of the interest holder's
agents or contractors.
(3) The indemnity does not apply to the extent
that:
(a) compensation is provided under
another clause; or
(b) a grossly negligent or wilful act or
omission of the owner/occupier has
contributed to the harm or damage.
16 Release to
extent
permitted by
law
(1) To the extent permitted by a law of the
Territory, the interest holder releases the
owner/occupier from any claim in respect of:
(a) death or injury of any person
employed or engaged by the interest
holder; or
(b) loss or damage caused to the interest
holder's personal property, and any
consequential loss.
(2) Subclause (1) does not apply to the extent
that a grossly negligent or wilful act or
omission of the owner/occupier has
contributed to the death, injury, loss or
damage.
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17 Payment of
legal,
accounting and
technical fees
The parties agree to pay any costs under
regulation 17 or 28.
18 Payment of
duties
(1) Any amount specified in the agreement will
be GST exclusive.
(2) If GST is payable on an amount, it must be
paid at the same time.
(3) The owner/occupier is responsible for any
tax that may be payable on any
compensation or other amount paid to the
owner/occupier under the agreement.
(4) The interest holder is responsible for any
duty payable on the agreement.
19 Assignments (1) Each party agrees to give the other party or
parties notice of the following:
(a) in the case of the interest holder –
notice of an intention to transfer or
assign the interest holder's interest in
the petroleum interest to another
person;
(b) in the case of an owner/occupier –
notice of an intention to transfer or
assign any interest in the land
(including by way of lease or
sublease);
(c) in the case of a party that is a body
corporate – any material change in
the ownership or management of the
party.
(2) The parties agree that a period of notice
under subclause (1) will be at least 30 days.
(3) Each party agrees to give a copy of the
agreement to any successor or assign
before, or at the time of, the transfer or
assignment of the party's relevant interest.
20 Appropriate
guarantees
(1) If there are 2 or more interest holders who
are parties to an access agreement, each
interest holder is jointly and severally liable
under the agreement.
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(2) The interest holder is liable for any act or
omission of a person acting on behalf of the
interest holder in carrying out any activities
under the permit/licence.
21 Guarantee in
favour of owner
(1) The interest holder agrees that the owner of
the land does not need to be a party to the
agreement to gain the benefit of the
provisions of the agreement that relate to:
(a) the repair of any gate, fence, grid or
other barrier; or
(b) the making good of any harm or
damage caused to the land, any water
associated with the land,
infrastructure or other
improvements; or
(c) the rehabilitation or remediation of the
land.
(2) The interest holder agrees to enter into a
binding enforceable agreement in favour of
the owner of the land to provide for the
matters specified in subclause (1) (and to
provide a copy of that agreement to the
owner).
22 Confidentiality (1) Subject to any agreement between the
parties that some or all of the terms and
conditions of the agreement will be kept
confidential, the agreement will not be
confidential.
(2) An agreement to keep any terms or
conditions confidential is subject to the
following exceptions:
(a) the release, provision or disclosure of
information with the consent of the
parties, and that consent will not be
unreasonably withheld;
(b) the provision of information to a
party's legal, financial or accounting
representative or adviser, or to any
other person who has been engaged
by a party and the release is relevant
to the reason for their engagement;
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(c) the release, provision or disclosure of
information to a financial institution;
(d) the release, provision or disclosure of
information required by law (including
the disclosure of information to a
stock exchange);
(e) the release, provision or disclosure of
information required by an order,
direction of other requirement of a
court or tribunal constituted by law, or
as required by an official acting under
a law of the Territory or the
Commonwealth;
(f) the release, provision or disclosure of
information to a related body
corporate;
(g) the release, provision or disclosure of
information in connection with any
transfer or assignment, or potential
transfer or assignment, of an interest
in the petroleum interest or land.
23 Re-negotiation
of agreement
If the permit/licence is renewed and the agreement
is still relevant to activities carried out, or to be
carried out, under the permit/licence, the parties
agree to use their best endeavours to agree on an
extension to the agreement.
24 Dispute
resolution
(1) In the event of a dispute that arises out of, or
in relation to, the agreement, the parties
agree:
(a) that the party raising the matter in
dispute will give notice to the other
relevant party or parties; and
(b) that the parties will act in good faith
and use reasonable endeavours to
resolve the dispute in a timely
manner.
(2) Subclause (1) does not prevent a party
seeking relief in a matter of urgency.
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25 Termination (1) The agreement terminates:
(a) by mutual agreement between the
parties; or
(b) on the expiration of the term of the
agreement (unless the term is
extended by mutual agreement
between the parties); or
(c) on the expiration of the petroleum
interest (unless the agreement is
extended by mutual agreement
between the parties); or
(d) if the Tribunal determines that the
agreement be terminated.
(2) The termination of the agreement does not
affect any right or liability accrued before the
termination of the agreement.