5Interpretation

#### 5 Interpretation (1) In this Act, unless the contrary intention appears: > access authority means an access authority under Part III. > adjacent area means an adjacent area in respect of a State or Territory ascertained in accordance with section 5A and the adjacent area means the adjacent area in respect of the State or Territory concerned. > application for a primary licence means an application under subsection 40(1) or (2) or 40B(2) or (3) and primary licence means a licence granted on such an application. > application for a secondary licence means an application under subsection 40(3) or 40B(4) and secondary licence means a licence granted on such an application. > approved means approved by the Designated Authority. > block means a block constituted as provided by section 17 or 149. > construct includes place and construction has a corresponding meaning. > datum means a reference frame for defining geographic co‑ordinates. > Note: If the position on the surface of the Earth of a particular point is identified by a co‑ordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different co‑ordinate. > document includes any map, book, record or writing. > Eastern Greater Sunrise area means the part of the adjacent area in respect of the Northern Territory that is described in Schedule 8 under the heading that refers to the Eastern Greater Sunrise area. > facility includes a structure or installation of any kind. > Gas Pipelines Access Law has the same meaning as in subsection 5(1) of the Gas Pipelines Access (Commonwealth) Act 1998. > gas pipelines access legislation has the same meaning as in the Gas Pipelines Access Law. > geographic co‑ordinate includes: (a) a meridian of longitude by itself; and (b) a parallel of latitude by itself. > good oil‑field practice means all those things that are generally accepted as good and safe in the carrying on of exploration for petroleum, or in operations for the recovery of petroleum, as the case may be. > good processing and transport practices means all those things that are generally accepted as good and safe in the processing and storage of petroleum and the preparation of petroleum for transport. > graticular section means a section referred to in section 17. > Greater Sunrise unit area means the area described in Schedule 8 under the heading that refers to the Greater Sunrise unit area. > Greater Sunrise unitisation agreement means the Agreement between the Government of Australia and the Government of the Democratic Republic of Timor‑Leste relating to the Unitisation of the Sunrise and Troubadour Fields done at Dili on 6 March 2003. > Note: In 2004, the text of the agreement was available in the Australian Treaties Database of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department’s world‑wide web site. > Greater Sunrise unit reservoir licence means a licence in respect of one or more blocks within the Eastern Greater Sunrise area that would allow the licensee to recover petroleum from either or both of the Greater Sunrise unit reservoirs. > Greater Sunrise unit reservoirs means the Unit Reservoirs within the meaning of the Greater Sunrise unitisation agreement. > Greater Sunrise visiting inspector means an inspector who is specified in the certificate given to that inspector under subsection 125(2) as being a Greater Sunrise visiting inspector. > infrastructure facilities has the meaning given by section 5AAB. > infrastructure licence means an infrastructure licence under Part III. > infrastructure licence area, in relation to an infrastructure licence, means the place in respect of which the infrastructure licence is in force. > infrastructure licensee means the registered holder of an infrastructure licence. > inspector means a person appointed under section 125. > Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003. > lease means a retention lease under Part III. > lease area means the area constituted by the blocks that are the subject of a lease. > lessee means the registered holder of a lease. > licence means a production licence for petroleum under Part III. > licence area means the area constituted by the blocks that are the subject of a licence. > licensee means the registered holder of a licence. > location means a block or blocks in respect of which a declaration under section 37 is in force. > natural resources has the same meaning as in paragraph 4 of Article 77 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982. > operation means an activity to which Part III applies. > partly cancelled means: (a) in relation to a permit or licence—cancelled as to one or more but not all of the blocks the subject of the permit or licence; and (b) in relation to a pipeline licence—cancelled as to a part of the pipeline the subject of the licence. > partly determined, in relation to a permit or lease, means determined as to one or more but not all of the blocks the subject of the permit or lease. > permit means an exploration permit for petroleum under Part III. > permit area means the area constituted by the blocks that are the subject of a permit. > permittee means the registered holder of a permit. > petroleum means: (a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; (b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or (c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide; and includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir. > petroleum pool means a naturally occurring discrete accumulation of petroleum. > pipeline means a pipe or system of pipes in an adjacent area for conveying petroleum, whether the petroleum is petroleum recovered from an adjacent area or not, but does not include a pipe or system of pipes: (a) for returning petroleum to a natural reservoir; (b) for conveying petroleum for use for the purposes of petroleum exploration operations or operations for the recovery of petroleum; (c) for conveying petroleum that is to be flared or vented; or (d) for conveying petroleum from a well, wherever located, to a terminal station in an adjacent area without passing through another terminal station. > pipeline licence means a licence under Part III to construct and operate a pipeline. > pipeline licensee means the registered holder of a pipeline licence. > primary entitlement means: (a) in relation to a permittee—the number of blocks forming part of a location in the permit area in respect of which that permittee may make an application under subsection 40(1); and (b) in relation to a lessee—the number of blocks in the lease area in respect of which that lessee may make an application under subsection 40B(2). > Principal Northern Territory PSL area means the part of the adjacent area in respect of the Northern Territory that is comprised of all of that adjacent area apart from the Eastern Greater Sunrise area. > pumping station means equipment for pumping petroleum or water and includes any structure associated with that equipment. > Register means a Register kept in pursuance of Division 5 of Part III and the Register, in relation to the Designated Authority in respect of an adjacent area, or a part of an adjacent area, means the Register so kept by that Designated Authority. > registered holder, in relation to a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority, means the person whose name is for the time being shown in the Register as being the holder of the permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority. > secondary line means a pipe or system of pipes for any purpose referred to in paragraphs (a), (b), (c) and (d) of the definition of pipeline. > special prospecting authority means a special prospecting authority under Part III. > tank station means a tank or system of tanks for holding or storing petroleum and includes any structure associated with that tank or system of tanks. > terminal station means a pumping station, a tank station or a valve station declared to be a terminal station under section 63. > Territory means Territory in which this Act applies or to which this Act extends. > the applied provisions means the provisions applied in accordance with section 9, or the laws and instruments applied in accordance with section 11, as the case may be. > the continental shelf means the continental shelf, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia (including the coast of any island forming part of a State or Territory) or of a Territory. > the Commonwealth Minister means the Minister for the time being administering this Act, and includes another Minister for the time being acting for and on behalf of that Minister. > the Designated Authority, in relation to: (a) an act, matter, circumstance or thing touching, concerning, arising out of or connected with: (i) the exploration of the sea‑bed or subsoil of an adjacent area, or of part of an adjacent area, for petroleum; or (ii) the exploitation of the natural resources, being petroleum, of that sea‑bed or subsoil; or (iii) the construction or operation of pipelines in an adjacent area, or a part of an adjacent area; or (b) petroleum recovered in an adjacent area, or a part of an adjacent area; means the Designated Authority in respect of that adjacent area, or that part of an adjacent area. > the Joint Authority, in relation to: (a) an act, matter, circumstance or thing touching, concerning, arising out of or connected with: (i) the exploration of the sea‑bed or subsoil of an adjacent area, or of part of an adjacent area, for petroleum; (ii) the exploitation of the natural resources, being petroleum, of that sea‑bed or subsoil; or (iii) the construction or operation of pipelines in an adjacent area, or a part of an adjacent area; or (b) petroleum recovered in an adjacent area, or a part of an adjacent area; means the Joint Authority established by this Act in respect of that adjacent area, or that part of an adjacent area. > the Registration Fees Act means the Petroleum (Submerged Lands) (Registration Fees) Act 1967. > the relinquished area means: (a) in relation to a permit, lease or licence that has expired—the area constituted by the blocks in respect of which the permit, lease or licence was in force but has not been renewed; and (b) in relation to a permit or lease that has been wholly determined or partly determined—the area constituted by the blocks as to which the permit or lease was so determined; and (c) in relation to a permit or licence that has been wholly cancelled or partly cancelled—the area constituted by the blocks as to which the permit or licence was so cancelled; and (ca) in relation to a lease that has been wholly cancelled—the area constituted by the blocks in respect of which the lease was in force; and (cb) in relation to an infrastructure licence that has been surrendered, cancelled or terminated—the place that constituted the infrastructure licence area; and (d) in relation to a pipeline licence that is no longer in force the part of the adjacent area in which the pipeline was constructed; and (e) in relation to a pipeline licence that has been wholly cancelled or partly cancelled—the part of the adjacent area in which the pipeline or the part of the pipeline, as the case may be, was constructed; and (f) in relation to a special prospecting authority or access authority that has been surrendered or cancelled or has expired—the area constituted by the blocks in respect of which that authority was in force. > the Royalty Act means the Petroleum (Submerged Lands) (Royalty) Act 1967. > the State Minister, in relation to a State, means the Minister of the State who is for the time being authorized under the law of the State to perform the functions of a Designated Authority under this Act. > the Northern Territory Minister means the Minister of the Northern Territory who is for the time being authorized under the law of the Northern Territory to perform the functions of a Designated Authority under this Act. > Third Party Access Code means: (a) the National Third Party Access Code for Natural Gas Pipeline Systems, a copy of which, as agreed by the Council of Australian Governments on 7 November 1997, is set out in Schedule 2 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia; or (b) if that Code is amended in accordance with Schedule 1 to that Act, that Code as so amended and in force for the time being; as it applies in the area where the pipeline concerned is situated. > Timor Sea Treaty means the Timor Sea Treaty between Australia and East Timor done on 20 May 2002 as amended from time to time. > Note: The text of the Treaty is set out in the Australian Treaty Series at \[2003\] ATS 13. In 2004 this was available in the Australian Treaties Database of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department’s world‑wide web site. > Timor Sea Treaty Designated Authority means the Designated Authority within the meaning of the Petroleum (Timor Sea Treaty) Act 2003. > valve station means equipment for regulating the flow of petroleum and includes any structure associated with that equipment. > vessel means a vessel used in navigation, other than air navigation, and includes a barge, lighter or other floating vessel. > water line means a pipe or system of pipes for conveying water in connexion with petroleum exploration operations or operations for the recovery of petroleum. > well means a hole in the sea‑bed or subsoil made by drilling, boring or any other means in connexion with exploration for petroleum or operations for the recovery of petroleum, but does not include a seismic shot hole. > Western Greater Sunrise area means the area described in Schedule 8 under the heading that refers to the Western Greater Sunrise area. > Note: Activities occurring in the Western Greater Sunrise area in relation to the exploration, development and exploitation of the Greater Sunrise unit reservoirs are dealt with under the Petroleum (Timor Sea Treaty) Act 2003. > wholly cancelled, in relation to a permit, lease, license or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit, lease, licence or pipeline licence. > wholly determined, in relation to a permit or lease, means determined as to all the blocks the subject of the permit or lease. (2) In this Act, a reference to the term of a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority is a reference to the period during which the permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority remains in force and a reference to the date of expiration of a permit, lease, licence, special prospecting authority or access authority is a reference to the day on which the permit, lease, licence, special prospecting authority or access authority ceases to be in force. (3) In this Act, a reference to a year of the term of a permit, lease, licence, infrastructure licence or pipeline licence is a reference to a period of one year commencing on the day on which the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, comes into force or on any anniversary of that day. (4) In this Act, a reference to the renewal, or to the grant of a renewal, of a permit is a reference to the grant of a permit in respect of all or some of the blocks specified in the first‑mentioned permit to commence on the day after the date of expiration of the first‑mentioned permit or on the day after the date of expiration of the permit granted upon a previous renewal of the first‑mentioned permit. (4A) In this Act, a reference to the renewal, or the grant of a renewal, of a lease is a reference to the grant of a lease in respect of the blocks in respect of which the first‑mentioned lease was in force to commence on the day after the date of expiration of the first‑mentioned lease or on the day after the date of expiration of the lease granted upon a previous renewal of the first‑mentioned lease. (5) In this Act, a reference to the renewal, or to the grant of a renewal, of a licence in respect of the blocks specified in the licence is a reference to the grant of a licence in respect of those blocks to commence on the day after the date of expiration of the first‑mentioned licence or on the day after the date of expiration of the licence granted upon a previous renewal of the first‑mentioned licence. (7) In this Act, a reference to a pipeline includes a reference to a part of a pipeline. (8) In this Act, a reference to a permit, lease, licence, infrastructure licence, pipeline licence or access authority is a reference to the permit, lease, licence, infrastructure licence, pipeline licence or access authority as varied for the time being under this Act.