This Act may be cited as the Petroleum (Submerged Lands) Act 1967.
2 Commencement [see Note 1]
This Act shall come into operation on the day on which it receives the Royal Assent.
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.
5A Adjacent areas
(1) For the purposes of this Act, but subject to subsection (2), the adjacent area in respect of a State other than Western Australia is so much of the area described in Schedule 2 under the heading that refers to that State as comprises waters of the sea that:
(a) are not within the outer limits of the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); and
(b) are within the outer limits of the continental shelf.
(1A) For the purposes of this Act, but subject to subsections (2) and (10), the adjacent area in respect of Western Australia or the Northern Territory is so much of the area described in Schedule 2 under the heading that refers to that State or Territory as comprises waters of the sea that:
(a) are not within the outer limits of the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); and
(b) are within the outer limits of the continental shelf; and
(c) are not within the Joint Petroleum Development Area.
(2) If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, subsections (1) and (1A) continue to have effect as if the breadth of the territorial sea of Australia had continued to be 3 nautical miles.
(3) For the purposes of this Act, but subject to subsection (10), the adjacent area in respect of the Territory of Ashmore and Cartier Islands is so much of the area described in Schedule 2 under the heading that refers to that Territory as comprises land and water that:
(a) are within the outer limits of the continental shelf; and
(b) are not within the Joint Petroleum Development Area.
(4) This Act, and any Act with which this Act is incorporated, have effect in relation to so much of the adjacent area in respect of the Territory of Ashmore and Cartier Islands as consists of land as though that land were beneath the sea and were portion of the sea‑bed and subsoil of that adjacent area.
(5) For the purposes of this Act, the adjacent area in respect of Norfolk Island is the area the boundaries of which are:
(a) the coastline at mean low water of Norfolk Island; and
(b) the outer limit of the superjacent waters of the continental shelf adjacent to the coast of Norfolk Island.
(6) For the purposes of this Act, the adjacent area in respect of the Territory of Heard Island and McDonald Islands is the area the boundaries of which are:
(a) the coast lines at mean low water of the islands comprising that Territory; and
(b) the outer limit of the superjacent waters of the continental shelf adjacent to the coasts of those islands.
(6A) For the purposes of this Act, the adjacent area in respect of the Territory of Christmas Island is the area whose boundaries are:
(a) the coastline at mean low water of Christmas Island; and
(b) the outer limit of the superjacent waters of the continental shelf adjacent to the coast of Christmas Island.
(6B) For the purposes of this Act, the adjacent area in respect of the Territory of Cocos (Keeling) Islands comprises the following areas:
(a) the area whose boundaries are:
(i) the coastline at mean low water of the north atoll of the Territory (otherwise called North Keeling Island); and
(ii) the outer limit of the superjacent waters of the continental shelf adjacent to the coast of that Island;
(b) the area whose boundaries are:
(i) the coastlines at mean low water of the remaining islands of the Territory; and
(ii) the outer limit of the superjacent waters of the continental shelf adjacent to the coasts of those islands.
(7) For the purposes of this Act, the Coral Sea area is so much of the area to the east of the adjacent area in respect of Queensland as comprises waters of the sea that are within the outer limits of the continental shelf, other than any part of that area that is to the south of the parallel of Latitude 25° South or that is on the landward side of the coastline of any island at mean low water.
Note: For datum, see section 150M.
(8) This Act, and any Act with which this Act is incorporated, apply in relation to the Coral Sea area as if that area were part of the adjacent area in respect of Queensland and references in this Act, and in any Act with which this Act is incorporated, to the adjacent area in respect of a State, shall, in relation to Queensland, be read as including references to the Coral Sea area.
(9) For the purposes of subsections (5), (6) and (7), the continental shelf does not include any area of seabed and subsoil that, by virtue of an agreement in force between Australia and another country, is not an area over which Australia exercises sovereign rights.
(10) For the purposes of an Act to which this subsection applies, this section has effect as if paragraphs (1A)(c) and (3)(b) were omitted.
(11) The regulations may prescribe the Acts to which subsection (10) applies.
5AAA Effect of changes to, or reassessment of the location of, the baseline of Australia’s territorial sea on permits, leases, licences, infrastructure licences or pipeline licences
(1) If:
(a) a petroleum mining instrument has been granted on the basis that an area is within the adjacent area in respect of a State or the Northern Territory; and
(b) there is a change to the baseline of Australia’s territorial sea or, because new data are obtained or existing data are reconsidered, the location of the baseline is reassessed; and
(c) as a result of the change to, or reassessment of the location of, the baseline, the area:
(i) ceases to be within the adjacent area in respect of the State or Territory; and
(ii) falls within the coastal waters of the State or Territory;
this Act applies in relation to the petroleum mining instrument as if the first‑mentioned area were still within the adjacent area in respect of the State or Territory.
(2) Subsection (1) continues to apply to the area only while the petroleum mining instrument remains in force.
(3) If:
(a) a petroleum mining instrument has been granted by a State or the Northern Territory on the basis that an area is within the coastal waters of the State or Territory; and
(b) there is a change to the baseline of Australia’s territorial sea or, because new data are obtained or existing data are reconsidered, the location of the baseline is reassessed; and
(c) as a result of the change to, or reassessment of the location of, the baseline, the area:
(i) ceases to be within the coastal waters of the State or Territory; and
(ii) falls within the adjacent area in respect of the State or Territory;
then, so far as the petroleum mining instrument is concerned, this Act does not apply to the first‑mentioned area.
(4) Subsection (3) continues to apply to the area only while the petroleum mining instrument granted by the State or the Northern Territory remains in force.
(5) In this section:
coastal waters, in relation to a State or the Northern Territory, means so much of the area off the coast of the State or Territory that is described in Schedule 2 as is constituted by:
(a) the first 3 nautical miles of the territorial sea from the baseline; and
(b) any waters that are within the baseline and not within the limit of the State or Territory.
petroleum mining instrument means a permit, lease, licence, infrastructure licence or pipeline licence.
5AAB Infrastructure facilities
(1) In this Act:
infrastructure facilities means facilities for engaging in any of the activities mentioned in subsection (2), being:
(a) facilities that are resting on the seabed; or
(b) facilities (including facilities that are floating) that are fixed or connected to the seabed; or
(c) facilities that are attached or tethered to facilities referred to in paragraph (a) or (b).
(2) The activities referred to in subsection (1) are the following:
(a) remote control of facilities used for the recovery of petroleum in a licence area;
(b) processing petroleum recovered in any place, including:
(i) converting petroleum into another form by physical or chemical means or both (for example, converting it into liquefied natural gas or methanol); and
(ii) partial processing of petroleum (for example, by the removal of water);
(c) storing petroleum before it is transported to another place;
(d) preparing petroleum (for example, by operations such as pumping or compressing) for transport to another place;
(e) activities related to any of the above;
but, except as mentioned in paragraph (a), do not include engaging in the exploration for, or recovery of, petroleum.
5AA Definitions relating to occupational health and safety
Expressions in Schedule 7 have the meanings defined in Part 1 of that Schedule.
6 Spaces above and below adjacent areas
For the purposes of this Act and the regulations:
(a) the space above or below an adjacent area shall be deemed to be in that area; and
(b) the space above or below an area that is part of an adjacent area shall be deemed to be in that part.
6A Petroleum pool extending into two licence areas
(1) The provisions of this section have effect for the purposes of this Act (including any Act with which this Act is incorporated) and of licences (whether granted before or after the commencement of this section).
(2) Where a well‑head is situated in a licence area and the well from that well‑head is inclined so as to enter a petroleum pool, being a pool that does not extend to that licence area, at a place within an adjoining licence area of the same licensee, any petroleum recovered through that well shall be deemed to have been recovered in that adjoining licence area under the licence in respect of that area.
(3) Where a petroleum pool is partly in one licence area and partly in an adjoining licence area of the same licensee (whether in the same adjacent area or not) and petroleum is recovered from that pool through a well or wells in one or both of the licence areas, there shall be deemed to have been recovered in each of the licence areas, under the licence in respect of that area, such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and the respective proportions shall be determined in accordance with subsection (4).
(4) The proportions to be determined for the purposes of subsection (3) may be determined by agreement between the licensee and the Joint Authority or, in the absence of agreement, by the Supreme Court of a State on the application of the licensee or the Joint Authority.
(5) Where a petroleum pool is partly in a licence area and partly in an area (in this subsection referred to as the State licence area) in which the licensee has authority under the law of a State to explore for, or recover, petroleum, and petroleum is recovered from that pool through a well or wells in the licence area, the State licence area or both, there shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and that proportion shall be determined in accordance with subsection (6).
(6) The proportion to be determined for the purposes of subsection (5) may be determined by agreement between the licensee, the Joint Authority and the State Minister administering the law of the State corresponding to this Act or, in the absence of agreement, may be determined by the Supreme Court of a State on the application of the licensee, the Joint Authority or that State Minister.
(7) Where:
(a) a petroleum pool is partly in a licence area and partly in another area, whether in the adjacent area or not, in respect of which another person has authority, whether under this Act or under the law of a State, to explore for or recover petroleum;
(b) a unit development agreement in accordance with section 59 is in force between the licensee and that other person; and
(c) petroleum is recovered from that pool through a well or wells in the licence area, the other area or both;
there shall be deemed to have been recovered in that licence area such proportion of all petroleum so recovered as is specified in, or determined in accordance with, the agreement.
(8) In this section:
(a) a reference to a licence, a licensee or a licence area shall be read as including a reference to a permit and a lease, a permittee and a lessee or a permit area and a lease area;
(b) a reference to a State shall be read as including a reference to the Northern Territory; and
(c) a reference to the Supreme Court of a State shall be read as a reference to the Supreme Court of the State, or of one of the States, in the adjacent area in respect of which the petroleum pool is wholly or partly situated.
7 Extension to certain Territories
This Act extends to the following Territories:
(a) Norfolk Island;
(b) the Territory of Christmas Island;
(c) the Territory of Cocos (Keeling) Islands;
(d) the Territory of Ashmore and Cartier Islands;
(e) the Territory of Heard Island and McDonald Islands.
8 Application of Act
This Act applies to all natural persons, whether Australian citizens or not, and whether resident in the Commonwealth or a Territory or not, and to all corporations, whether incorporated or carrying on business in the Commonwealth or a Territory or not.
8AA Act to apply subject to international obligations
The provisions of this Act relating to pipelines referred to in subsection 65(2A) have effect subject to the obligations of Australia under international law, including obligations under any agreement between Australia and any other country or countries.
8AB Application of the Criminal Code
(1) Subject to subsection (2), Chapter 2 of the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(2) Part 2.5 of the Criminal Code does not apply to offences created by Schedule 7 to this Act.
Part IA—The Joint Authorities
8A Establishment of Joint Authorities
(1) For the purposes of this Act, there is established in respect of the adjacent area in respect of each State a Joint Authority consisting of the Commonwealth Minister and the State Minister.
(2) The Joint Authority in respect of the adjacent area in respect of New South Wales shall be known as the Commonwealth–New South Wales Off‑shore Petroleum Joint Authority, and the Joint Authority in respect of the adjacent area in respect of each other State shall have a corresponding name.
(3) For the purposes of this Act, the Joint Authority:
(a) in respect of the adjacent area in respect of the Northern Territory; and
(b) consisting of the Commonwealth Minister and the Territory Minister; and
(c) known as the Commonwealth‑Northern Territory Off‑shore Petroleum Joint Authority; and
(d) that was established by this section before the commencement of Part 1 of Schedule 1 to the Greater Sunrise Unitisation Agreement Implementation Act 2004;
is continued in existence under that name as the Joint Authority in respect of the Principal Northern Territory PSL area.
(4) For the purposes of this Act, there is established in respect of the Eastern Greater Sunrise area a Joint Authority consisting of the Commonwealth Minister, and that Joint Authority is to be known as the Greater Sunrise Off‑shore Petroleum Joint Authority.
8B Acting Ministers
(1) The functions and powers of the Commonwealth Minister under this Part, including his functions and powers as a member of a Joint Authority, may be performed and exercised by another Minister of the Commonwealth acting for and on behalf of the Commonwealth Minister, and references in this Part to the Commonwealth Minister or to the members of a Joint Authority shall be read as including references to a Minister so acting.
(2) The functions and powers of the State Minister of a State or of the Northern Territory Minister under this Part as a member of a Joint Authority may be performed and exercised by a Minister of the State or of the Northern Territory acting for and on behalf of the State Minister or the Northern Territory Minister, and references in this Part to the State Minister, the Northern Territory Minister or the Members of a Joint Authority shall be read as including references to a Minister so acting.
8C Functions of Joint Authorities
A Joint Authority has such functions as are conferred on it by this Act in relation to the operation of this Act in respect of the adjacent area, or the part of an adjacent area, in respect of which the Joint Authority is established.
8D Procedure of Joint Authorities
(1) The business of a Joint Authority consisting of 2 members may be conducted at meetings of the Joint Authority or by written or other communication between the members of the Joint Authority.
(2) If a Joint Authority consists of 2 members and they disagree with respect to the decision to be made on a matter within the functions of the Joint Authority or the State Minister or the Northern Territory Minister (as the case may be) has not stated to the Commonwealth Minister his opinion as to the decision to be made on such a matter after having been given by the Commonwealth Minister not less than 30 days notice in writing of the opinion of the Commonwealth Minister as to the decision that should be made on the matter, the Commonwealth Minister may decide the matter and that decision shall have effect as the decision of the Joint Authority.
(3) If a Joint Authority consists of 2 members, a reference in this Act to the opinion or state of mind of the Joint Authority shall be read as a reference to the opinion or state of mind of the 2 members of the Joint Authority or, in the event of their disagreement, the opinion or state of mind of the Commonwealth Minister.
(4) The Designated Authority shall cause written records to be kept of the decisions of a Joint Authority and such a record, if signed by a person who was a member of the Joint Authority at the time of the decision, is prima facie evidence that the decision, as recorded, was duly made.
(5) A document signed, on behalf of the Joint Authority, by the Designated Authority shall be deemed to be duly executed by the Joint Authority and, unless the contrary is proved, shall be deemed to be in accordance with a decision of the Joint Authority.
(6) All communications to or by the Joint Authority shall be made through the Designated Authority.
(7) All courts shall take judicial notice of the signature of a person who is or has been a member of a Joint Authority and of the fact that he is, or was at a particular time, such a member.
(8) In this section, court includes any Federal or State court or a court of a Territory and all persons authorized by the law of the Commonwealth, of a State, or of a Territory or by consent of parties to receive evidence.
8F Notification by Designated Authority of decisions by Joint Authority
Where, under this Act, any instrument is required or permitted to be executed or issued by the Joint Authority or any action is required or permitted to be taken by the Joint Authority by way of notification, communication or service of any matter or instrument, that instrument shall be executed or issued, or that action shall be taken, by the Designated Authority on behalf of the Joint Authority in accordance with a decision of the Joint Authority and, for the purposes of any proceedings, any instrument executed or issued by the Designated Authority, or any action taken by the Designated Authority by way of notification, communication or service of any matter or instrument, purporting to be executed, issued or taken on behalf of the Joint Authority, shall, unless the contrary is proved, be deemed to be in accordance with a decision of the Joint Authority.
8G Certain Territories
(1) The Designated Authority in respect of the adjacent area in respect of a Territory referred to in section 7 has, and may perform and exercise, in relation to that adjacent area, all the functions and powers conferred by this Act, or by an Act with which this Act is incorporated, upon the Joint Authority in respect of the adjacent area in respect of a State and, for the purpose of the performance of those functions and the exercise of those powers by that Designated Authority:
(a) a reference in this Act other than in this Part, or in an Act with which this Act is incorporated, to the Joint Authority in respect of an adjacent area shall be read as a reference to that Designated Authority; and
(b) a reference in this Act other than in this section, or in an Act with which this Act is incorporated, to a State in relation to which the Joint Authority in respect of an adjacent area is established shall be read as a reference to that Territory.
(2) The provisions of this Part, other than this section, have no application in relation to the adjacent area in respect of a Territory referred to in section 7.
8H Delegation—other than Greater Sunrise Off‑shore Petroleum Joint Authority
(1A) This section only applies in respect of a Joint Authority consisting of 2 members.
(1) Subject to this section, a Joint Authority may, by instrument in writing, delegate its powers under this Act, or under an Act that incorporates this Act, to two persons together, each of whom is one of the following:
(a) an APS employee who is an SES employee or acting SES employee;
(b) an employee of a State, or of the Northern Territory.
Note 1: The expressions APS employee, SES employee and acting SES employee are defined in section 17AA of the Acts Interpretation Act 1901.
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
(2) An instrument of delegation under this section:
(a) must specify one person as representing the Commonwealth Minister; and
(b) must specify the other person as representing the State Minister or Northern Territory Minister of the Joint Authority; and
(c) must be signed by both members of the Joint Authority.
(2A) Subject to subsection (1), and without limiting subsection (2), the delegation may be made to any person from time to time holding, occupying or performing the duties of a specified office or position.
(3) Where a delegation is made under this section, subsections 8D(2) and (3) do not apply.
(4) Where the delegates are unable to agree on a matter requiring decision, they must refer the matter to the Joint Authority.
(5) In the application to the delegates of a provision of this Act containing a reference to the opinion or state of mind of the Joint Authority, the reference is to be read as a reference to the opinion or state of mind of the two delegates of the Joint Authority unless they disagree.
The Greater Sunrise Off‑shore Petroleum Joint Authority may consult with the Timor Sea Treaty Designated Authority before exercising any power, or performing any function, that is conferred on it under this Act, under an Act that incorporates this Act or under the regulations.
8K Delegation by Greater Sunrise Off‑shore Petroleum Joint Authority
(1) The Greater Sunrise Off‑shore Petroleum Joint Authority may, by written instrument, delegate to:
(a) an APS employee who is an SES employee or acting SES employee; or
(b) an employee of the Northern Territory;
any or all of the powers or functions of the Joint Authority under this Act, under an Act that incorporates this Act or under the regulations.
Note 1: The expressions APS employee, SES employee and acting SES employee are defined in section 17AA of the Acts Interpretation Act 1901.
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
(2) If the Greater Sunrise Off‑shore Petroleum Joint Authority delegates a power or function under this section, the delegation continues in force despite:
(a) a vacancy in the office of Joint Authority; or
(b) a change in the identity of the holder of the office of Joint Authority.
(3) Despite subsection (2), a delegation under this section may be revoked by the Greater Sunrise Off‑shore Petroleum Joint Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.
(4) A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette.
Part II—Application of laws
9 Application of laws in areas adjacent to States
(1) Subject to this Act and the regulations, the provisions of the laws, whether written or unwritten, in force in a State for the time being (other than laws of the Commonwealth) and the provisions of any instrument having effect under any of those laws, apply, as provided by this section, in the adjacent area and so apply as if that area were part of that State and of the Commonwealth.
(1A) Subject to section 73, if the gas pipelines access legislation of a State is not in force, whether with or without modifications, in the area referred to in subsection (1B), then, in spite of any law that is in force as a law of the Commonwealth in the adjacent area in respect of the State because of subsection (1), the Gas Pipelines Access (Commonwealth) Act 1998 applies as a law of the Commonwealth in that adjacent area.
(1B) For the purposes of subsection (1A), the area referred to in this subsection in relation to a State is the part of the area described in Schedule 2 under the heading that refers to that State that is on the landward side of the adjacent area in respect of that State.
(2) The laws referred to in subsection (1) do not include laws that are substantive criminal laws, or laws of criminal investigation, procedure and evidence, within the meaning of Schedule 1 to the Crimes at Sea Act 2000, but nothing in this Act derogates from the operation of that Act.
Applied laws do not include State OHS laws
(2A) Despite subsection (1), the laws or parts of laws of a State, as in force from time to time, that are prescribed in the regulations in relation to that State do not apply in relation to a facility located in the adjacent area of that State.
(2B) Laws or parts of laws prescribed under subsection (2A) must be laws or parts of laws with respect to occupational health and safety.
State OHS laws do not apply of their own force in adjacent areas
(2C) The laws or parts of laws, as in force from time to time, that are prescribed in regulations made under subsection (2A) in relation to a State do not apply by force of the law of that State in relation to a facility located in the adjacent area of that State.
Substantive criminal provisions of State OHS laws are not applied by Crimes at Sea Act 2000 in adjacent areas
(2D) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws or parts of laws of a State that are referred to in those subclauses and that are prescribed in the regulations in relation to that State do not apply in relation to a facility located in the adjacent area in respect of that State either:
(a) by force of the law of the State; or
(b) by force of subclause 2(2) of that Schedule.
(2E) Laws or parts of laws prescribed under subsection (2D) must be laws or parts of laws relating to occupational health and safety.
(2F) Laws or parts of laws of a State that are prescribed for the purposes of subsection (2A) or (2D) may be laws or parts of laws that relate to occupational health and safety and to other matters.
(2G) A reference in subsections (2A) to (2F) to a law or a part of a law of a State includes a reference to an instrument or a part of an instrument made under a law of a State.
Substantive criminal provisions of State section 140H OHS laws are not applied by Crimes at Sea Act 2000 in adjacent areas.
(2H) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws to which subsection (2I) applies do not apply in relation to a facility located in the adjacent area of the relevant State, either:
(a) by force of the law of that State; or
(b) by force of subclause 2(2) of that Schedule.
(2I) This subsection applies to provisions of a State PSLA, or of regulations under a State PSLA, that substantially correspond to the terms of the section 140H OHS laws.
(3) A law shall be taken to be a law in force in a State notwithstanding that that law applies to part only of the State.
(4) The provisions referred to in subsection (1) apply in relation to all acts, omissions, matters, circumstances and things touching, concerning, arising out of or connected with:
(a) the exploration of the sea‑bed or subsoil of the adjacent area for petroleum, and the exploitation of the natural resources (consisting of petroleum) of that sea‑bed or subsoil; or
(b) the conveyance of petroleum (wherever recovered) across the adjacent area.
(5) Without limiting the operation of subsection (4), the provisions referred to in subsection (1) apply:
(a) to and in relation to:
(i) an act or omission that takes place in, on, above, below or in the vicinity of; and
(ii) a matter, circumstance or thing that exists or arises with respect to or in connection with;
a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for any reason touching, concerning, arising out of or connected with:
(iii) the exploration of the sea‑bed or subsoil of the adjacent area for petroleum, or the exploitation of the natural resources (consisting of petroleum) of that sea‑bed or subsoil; or
(iv) the conveyance of petroleum (wherever recovered) across the adjacent area;
(b) to and in relation to a person who:
(i) is in the adjacent area for a reason of the kind referred to in paragraph (a); or
(ii) is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of the kind referred to in paragraph (a); and
(c) to and in relation to a person in respect of his carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (a).
(6) This section does not:
(a) give to the provisions of a law of a State an operation, as law of the Commonwealth, that they would not have, as law of the State, if the adjacent area were within the part of the area described in Schedule 2 under the heading that refers to that State that is on the landward side of the adjacent area;
(b) extend to the provisions of any law or instrument in so far as those provisions, as applied by this Act, would be inconsistent with a law of the Commonwealth, including this Act;
(c) apply so as to impose any tax;
(d) apply so as to confer or purport to confer any part of the judicial power of the Commonwealth on a court, tribunal, authority or officer of a State; or
(e) apply so as to purport to confer on a court of a State any power that cannot, under the Constitution, be conferred by the Parliament on such a Court.
(7) This section does not limit the operation that any law or instrument has apart from this section.
(8) The regulations may provide that such of the provisions referred to in subsection (1) as are specified in the regulations do not apply by reason of this section or so apply with such modifications as are specified in the regulations.
(9) For the purposes of subsection (8), modification includes the omission or addition of a provision or the substitution of a provision for another provision.
(10) Notwithstanding anything in this section or in section 10, the regulations that may be made for the purposes of subsection (8) include regulations having the effect that provisions as modified by the regulations make provision for and in relation to investing a court of a State with federal jurisdiction.
(11) If this section provides that laws or parts of laws do not apply in relation to a facility located in a particular adjacent area of a State, those laws or parts of laws do not apply in relation to:
(a) a facility that is so located; or
(b) persons at or near a facility that is so located; or
(c) activities that take place on a facility that is so located.
(12) In this section:
facility has the same meaning as in Schedule 7.
section 140H OHS laws has the same meaning as in section 140H.
State PSLA has the same meaning as it has for the purposes of Part IIIC.
10 Jurisdiction of State courts
(1) Except as otherwise prescribed, the several courts of a State are invested with federal jurisdiction in all matters arising under the applied provisions having effect in accordance with section 9 in the adjacent area.
(2) The jurisdiction with which courts are invested by subsection (1) is invested within the limits, other than limits having effect by reference to localities of their several jurisdictions (whether those limits are as to subject‑matter or otherwise).
11 Application of laws in areas adjacent to Territories
(1) Subject to this Act, the laws, whether written or unwritten, in force in a Territory for the time being (other than laws of the Commonwealth), and any instrument having effect under any of those laws, apply, as provided by this section, in the adjacent area and so apply as if that area were part of that Territory.
(1A) Subject to section 73, if the gas pipelines access legislation of the Northern Territory is not in force, whether with or without modifications, in the area referred to in subsection (1B), then, in spite of any law that is in force as a law of the Commonwealth in the adjacent area in respect of the Territory because of subsection (1), the Gas Pipelines Access (Commonwealth) Act 1998 applies as a law of the Commonwealth in that adjacent area.
(1B) For the purposes of subsection (1A), the area referred to in this subsection in relation to the Northern Territory is the part of the area described in Schedule 2 under the heading that refers to that Territory that is on the landward side of the adjacent area in respect of that Territory.
(2) The laws referred to in subsection (1) do not include laws that are substantive criminal laws, or laws of criminal investigation, procedure and evidence, within the meaning of Schedule 1 to the Crimes at Sea Act 2000, but nothing in this Act derogates from the operation of that Act.
Applied laws do not include Northern Territory OHS laws
(2A) Despite subsection (1), the laws or parts of laws of the Northern Territory, as in force from time to time, that are prescribed in the regulations in relation to that Territory do not apply in relation to a facility located in the adjacent area of that Territory.
(2B) Laws or parts of laws prescribed under subsection (2A) must be laws or parts of laws with respect to occupational health and safety.
Northern Territory OHS laws do not apply of their own force in the adjacent area in respect of the Northern Territory
(2C) The laws or parts of laws, as in force from time to time, that are prescribed in regulations made under subsection (2A) in relation to the Northern Territory do not apply by force of the law of that Territory in relation to a facility located in the adjacent area of that Territory.
Substantive criminal provisions of Northern Territory OHS laws are not applied by Crimes at Sea Act 2000 in the adjacent area
(2D) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws or parts of laws of the Northern Territory that are referred to in those subclauses and that are prescribed in the regulations in relation to that Territory do not apply in relation to a facility located in the adjacent area of that Territory either:
(a) by force of the law of that Territory; or
(b) by force of subclause 2(2) of that Schedule.
(2E) Laws or parts of laws prescribed under subsection (2D) must be laws or parts of laws relating to occupational health and safety.
(2F) Laws or parts of laws of the Northern Territory that are prescribed for the purposes of subsection (2A) or (2D) may be laws or parts of laws that relate to occupational health and safety and to other matters.
(2G) A reference in subsections (2A) to (2F) to a law or a part of a law of the Northern Territory includes a reference to an instrument or a part of an instrument made under a law of the Northern Territory.
Substantive criminal provisions of the Northern Territory section 140H OHS laws are not applied by Crimes at Sea Act 2000 in adjacent area.
(2H) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws to which subsection (2I) applies do not apply in relation to a facility located in the adjacent area of the Northern Territory, either:
(a) by force of the law of that Territory; or
(b) by force of subclause 2(2) of that Schedule.
(2I) This subsection applies to provisions of the Territory PSLA, or of regulations under that PSLA, that substantially correspond to the terms of the section 140H OHS laws.
Northern Territory OHS laws do not apply in the adjacent area of Ashmore and Cartier Islands
(2J) The laws or parts of laws that are prescribed in the regulations made under subsection (2A) in relation to the Northern Territory do not apply in relation to a facility located in the adjacent area of the Territory of Ashmore and Cartier Islands either:
(a) by force of the Ashmore and Cartier Islands Acceptance Act 1933; or
(b) by force of subsection (1) of this section.
Note 1: Laws in force in the Northern Territory (except Commonwealth Acts) are applied in the Territory of Ashmore and Cartier Islands by the Ashmore and Cartier Islands Acceptance Act 1933.
Note 2: The adjacent area of Ashmore and Cartier Islands includes land areas and the coastal sea area.
Substantive criminal provisions of Northern Territory OHS laws are not applied by Crimes at Sea Act 2000 in the adjacent area of Ashmore and Cartier Islands
(2K) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws or parts of laws of the Northern Territory that are referred to in those subclauses and that are prescribed in the regulations under subsection (2D) in relation to that Territory do not apply in relation to a facility located in the adjacent area of the Territory of Ashmore and Cartier Islands, either:
(a) by force of the Ashmore and Cartier Islands Acceptance Act 1933; or
(b) by force of subclause 2(2) of that Schedule.
Note: Laws in force in the Northern Territory (except Commonwealth Acts) are applied in the Territory of Ashmore and Cartier Islands by the Ashmore and Cartier Islands Acceptance Act 1933.
Substantive criminal provisions of Northern Territory section 140H OHS laws are not applied by Crimes at Sea Act 2000 in the adjacent area of Ashmore and Cartier Islands
(2L) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws to which subsection (2I) applies do not apply in relation to a facility located in the adjacent area of the Territory of Ashmore and Cartier Islands, either:
(a) by force of the Ashmore and Cartier Islands Acceptance Act 1933; or
(b) by force of subclause 2(2) of that Schedule.
(3) A law shall be taken to be a law in force in a Territory notwithstanding that that law applies to part only of that Territory.
(4) The provisions referred to in subsection (1) apply in relation to all acts, omissions, matters, circumstances and things touching, concerning, arising out of or connected with:
(a) the exploration of the sea‑bed or subsoil of the adjacent area for petroleum, or the exploitation of the natural resources (consisting of petroleum) of that sea‑bed or subsoil; or
(b) the conveyance of petroleum (wherever recovered) across the adjacent area.
(5) Without limiting the operation of subsection (4), the laws and instruments referred to in subsection (1) apply:
(a) to and in relation to:
(i) an act or omission that takes place in, on, above, below or in the vicinity of; and
(ii) a matter, circumstance or thing that exists or arises with respect to or in connection with;
a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for any reason touching, concerning, arising out of or connected with:
(iii) the exploration of the sea‑bed or subsoil of the adjacent area for petroleum, or the exploitation of the natural resources (consisting of petroleum) of that sea‑bed or subsoil; or
(iv) the conveyance of petroleum (wherever recovered) across the adjacent area;
(b) to and in relation to a person who:
(i) is in the adjacent area for a reason of the kind referred to in paragraph (a); or
(ii) is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of the kind referred to in paragraph (a); and
(c) to and in relation to a person in respect of his carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (a).
(6) This section does not:
(a) give to the provisions of a law of the Northern Territory an operation, as law of the Commonwealth, that they would not have, as law of the Territory, if the adjacent area were within the part of the area described in Schedule 2 under the heading that refers to that Territory that is on the landward side of the adjacent area;
(b) extend to the provisions of any law or instrument in so far as those provisions, as applied by this Act, would be inconsistent with a law of the Commonwealth, including this Act;
(c) apply so as to impose any tax;
(d) apply so as to appropriate any public moneys of a Territory; or
(e) apply so as to confer or purport to confer any part of the judicial power of the Commonwealth on a court, tribunal, authority or officer of a Territory.
(7) This section does not limit the operation that any law or instrument has apart from this section.
(8) The regulations may provide that such of the laws or instruments referred to in subsection (1) as are specified in the regulations do not apply by reason of this section or so apply with such modifications as are specified in the regulations.
(9) For the purposes of subsection (8), modification includes the omission or addition of a provision or the substitution of a provision for another provision.
(10) If this section provides that laws or parts of laws do not apply, in relation to a facility located in the adjacent area of the Northern Territory or of the Territory of Ashmore and Cartier Islands, those laws or parts of laws do not apply in relation to:
(a) a facility that is so located; or
(b) persons at or near a facility that is so located; or
(c) activities that take place on a facility that is so located.
(11) In this section:
facility has the same meaning as in Schedule 7.
section 140H OHS laws has the same meaning as it has in section 140H.
Territory PSLA has the same meaning as it has for the purposes of Part IIIC.
11A Disapplication of the Navigation Act 1912 and the Occupational Health and Safety (Maritime Industry) Act 1993 in adjacent areas
Disapplication of Maritime legislation
(1) The Maritime legislation does not apply in relation to a facility located in the adjacent area of a State or Territory, while it is a facility.
Note: Instead, a facility located in the adjacent area of a State or Territory will be covered by the occupational health and safety laws that are referred to in section 140H.
Joint operation of this Act and Maritime legislation otherwise disapplied
(2) However, subsection (1) does not prevent the application of the Maritime legislation to the extent that it relates to the transfer of persons or goods between a ship and a facility.
Note: In these cases, the Maritime legislation will generally apply in addition to the occupational health and safety laws that are referred to in section 140H.
(3) In this section:
facility has the same meaning as in Schedule 7.
Maritime legislation means:
(a) the Navigation Act 1912; and
(b) the Occupational Health and Safety (Maritime Industry) Act 1993; and
(c) any subordinate legislation under either of those Acts.
ship means any kind of vessel used in navigation by water, however propelled or moved, that is not, for the time being, a facility or part of a facility.
11B Disapplication of the Navigation Act 1912 and the Occupational Health and Safety (Maritime Industry) Act 1993 in designated coastal waters in certain circumstances
(1) This section applies in relation to the designated coastal waters of a State or of the Northern Territory if the relevant State or Territory PSLA and regulations under the relevant State or Territory PSLA, in their application to those designated coastal waters, substantially correspond to the terms of the section 140H OHS laws.
(2) The Maritime legislation is disapplied in those designated coastal waters to the same extent as the Maritime legislation is disapplied in the adjacent area.
(3) In this section:
designated coastal waters, in relation to a State or the Northern Territory, has the same meaning as it has for the purposes of Part IIIC.
Maritime legislation has the same meaning as it has in section 11A.
State PSLA has the same meaning as it has for the purposes of Part IIIC.
Territory PSLA has the same meaning as it has for the purposes of Part IIIC.
12 Jurisdiction of Territory courts
(1) Jurisdiction is conferred on the several courts having jurisdiction in a Territory in all matters arising under the applied provisions having effect in accordance with section 11 in the adjacent area.
(2) The jurisdiction conferred on courts by subsection (1) is conferred within the limits, other than limits having effect by reference to localities, of their several jurisdictions, whether those limits are as to subject‑matter or otherwise.
13 Parts III and IV not affected by this Part
Parts III and IV have effect notwithstanding anything in this Part.
Part III—Mining for petroleum
Division 1—Preliminary
14 Designated Authorities—adjacent areas other than the Northern Territory adjacent area
(1) For the purposes of this Act, there shall be, in respect of each adjacent area (other than the adjacent area in respect of the Northern Territory), a Designated Authority.
(2) The Designated Authority in respect of the adjacent area in respect of a State is the State Minister.
(3) The functions and powers of a State Minister as Designated Authority may be performed and exercised by another State Minister acting for and on behalf of that Minister.
(4) The Designated Authority in respect of the adjacent area in respect of a Territory referred to in section 7 is the Minister.
14A Designated Authorities—Northern Territory adjacent area
Principal Northern Territory PSL area
(1) For the purposes of this Act, the Designated Authority:
(a) in respect of the adjacent area in respect of the Northern Territory; and
(b) consisting of the Northern Territory Minister; and
(c) that was established by subsection 14(1) of this Act before the commencement of Part 1 of Schedule 1 to the Greater Sunrise Unitisation Agreement Implementation Act 2004;
is continued in existence as the Designated Authority in respect of the Principal Northern Territory PSL area.
(2) The functions and powers of the Northern Territory Minister as the Designated Authority in respect of the Principal Northern Territory PSL area may be performed and exercised by another Northern Territory Minister acting for and on behalf of that Minister.
Eastern Greater Sunrise area
(3) For the purposes of this Act, there is to be a Designated Authority in respect of the Eastern Greater Sunrise area.
(4) The Designated Authority in respect of the Eastern Greater Sunrise area is the Commonwealth Minister.
The Designated Authority in respect of the Eastern Greater Sunrise area may consult with the Timor Sea Treaty Designated Authority before exercising any power, or performing any function, that is conferred on it under this Act, under an Act that incorporates this Act or under the regulations.
15 Delegation
(1) A Designated Authority may, by written instrument, delegate to:
(a) an APS employee who is an SES employee or acting SES employee; or
(b) an employee of a State, or of the Northern Territory;
any or all of the powers or functions of the Designated Authority under this Act, under an Act that incorporates this Act or under the regulations.
Note 1: The expressions APS employee, SES employee and acting SES employee are defined in section 17AA of the Acts Interpretation Act 1901.
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, or of an Act with which this Act is incorporated or the regulations, be deemed to have been exercised by the Designated Authority.
(3) A delegation under this section may be expressed as a delegation to the person for the time being holding, or performing the duties of, a specified office under the Commonwealth, a State or a Territory.
(4) A delegation under this section made by a person holding an office of Designated Authority continues in force notwithstanding a vacancy in that office or change in the identity of the holder of that office, but such a delegation may be revoked by the same or a subsequent holder of that office.
(5) A delegation under this section does not prevent the exercise of a power by the Designated Authority.
(6) A copy of each instrument making, varying or revoking a delegation under this section shall be published in the Gazette.
17 Graticulation of Earth’s surface and constitution of blocks
(1) For the purposes of this Act, the surface of the Earth shall be deemed to be divided:
(a) by the meridian of Greenwich and by meridians that are at a distance from that meridian of 5 minutes, or a multiple of 5 minutes, of longitude; and
(b) by the equator and by parallels of latitude that are at a distance from the equator of 5 minutes, or a multiple of 5 minutes, of latitude;
into sections, each of which is bounded:
(c) by portions of 2 of those meridians that are at a distance from each other of 5 minutes of longitude; and
(d) by portions of 2 of those parallels of latitude that are at a distance from each other of 5 minutes of latitude.
(2) For the purposes of this Act:
(a) a graticular section that is wholly within an adjacent area constitutes a block; and
(b) if a part only of a graticular section is, or parts only of a graticular section are, within an adjacent area, the area of that part, or of those parts, constitutes a block.
(3) In this Act:
(a) a reference to a block that is constituted by a graticular section includes a reference to a block that is constituted by the area of a part only, or by the areas of parts only, of a graticular section; and
(b) a reference to a graticular section that constitutes a block includes a reference to a graticular section part only of which constitutes, or parts only of which constitute, a block.
Note: For datum, see section 150M.
18 Reservation of blocks
(1) The Joint Authority may, by instrument published in the Gazette, declare that a block specified in the instrument (not being a block in respect of which a permit, lease, licence or infrastructure licence is in force or over or in which there is a pipeline) shall not be the subject of a permit, lease, licence, infrastructure licence, special prospecting authority or access authority and that a pipeline licence shall not be granted in respect of a pipeline over or in that block.
(2) While a declaration under subsection (1) remains in force in respect of a block, a permit, lease, licence, infrastructure licence, special prospecting authority or access authority shall not be granted in respect of that block and a pipeline licence shall not be granted in respect of a pipeline over or in that block.
Division 2—Exploration permits for petroleum
19 Exploration for petroleum
(1) A person shall not explore for petroleum in an adjacent area except:
(a) under and in accordance with a permit; or
(b) as otherwise permitted by this Part.
Penalty: Imprisonment for 5 years.
(2) For the purposes of subsection (1), a person who does anything preparatory to, or knowingly connected with, exploration for petroleum is taken to explore for petroleum.
20 Advertisement of blocks
(1) The Joint Authority may, by instrument published in the Gazette:
(a) invite applications for the grant by the Joint Authority of a permit in respect of the block or blocks specified in the instrument; and
(b) specify a period within which applications may be made.
(1A) A block that has been specified in an instrument under subsection 22A(1) inviting applications for the grant of a permit in respect of the block shall not be specified in an instrument under subsection (1) of this section at any time during the period specified in the first‑mentioned instrument.
(2) The Joint Authority may, for reasons that it thinks sufficient, in an instrument under subsection (1), direct that subsection 21(2) or (3) does not apply, or that both of those subsections do not apply, to or in relation to the applications.
21 Application for permit
(1) An application under section 20:
(b) shall be made in an approved manner;
(c) shall be in respect of not more than 400 blocks;
(d) shall be accompanied by particulars of:
(i) the proposals of the applicant for work and expenditure in respect of the blocks specified in the application;
(ii) the technical qualifications of the applicant and of his employees;
(iii) the technical advice available to the applicant; and
(iv) the financial resources available to the applicant;
(e) may set out any other matters that the applicant wishes to be considered; and
(f) shall be accompanied by the prescribed fee.
(2) The number of blocks specified in the application:
(a) if 16 blocks or more are available—shall not be less than 16; or
(b) if less than 16 blocks are available—shall be the number available.
(3) The blocks specified in the application shall be blocks that are constituted by graticular sections that:
(a) constitute a single area; and
(b) are such that each graticular section in that area has a side in common with at least one other graticular section in that area.
(4) The Designated Authority may, at any time, by instrument in writing served on the applicant, require him to furnish, within the time specified in the instrument, further information in writing in connexion with his application.
21A Where 2 or more applications are made in respect of the same block or blocks
(1) This section applies if 2 or more applications have been made under section 20 for the grant of a permit in respect of the same block or blocks.
(2) The Joint Authority may grant the permit to whichever applicant, in the Authority’s opinion, is most deserving of the grant of the permit having regard to criteria made publicly available by the Authority.
(3) For the purposes of subsection (2), the Authority may rank the applicants in the order in which they are deserving of the grant, the most deserving applicant being ranked highest.
(4) The Joint Authority may exclude from the ranking any applicant that, in the Authority’s opinion, is not deserving of the grant of the permit.
(5) If the Joint Authority is of the opinion that, after considering the information accompanying the applications, 2 or more of the applicants are equally deserving of the grant of the permit, the Authority may, by written notice served on each of those applicants, invite them to give to the Authority, within a period stated in the notice, particulars of the applicant’s proposals for additional work and expenditure in respect of the block or blocks specified in the application, being particulars that the Authority considers to be relevant in determining which of the applicants is most deserving of the grant of the permit.
(6) If any particulars are given by applicants to the Joint Authority in accordance with the invitations contained in the notices served under subsection (5), the Authority must have regard to the particulars in determining whichever of the applicants is most deserving of the grant of the permit.
22 Grant or refusal of permit in relation to application
(1) Where an application has been made under section 20, the Joint Authority may:
(a) by instrument in writing served on the applicant, inform the applicant that it is prepared to grant to the applicant a permit in respect of the block or blocks specified in the instrument; or
(b) refuse to grant a permit to the applicant.
(2) An instrument under subsection (1) shall contain:
(a) a summary of the conditions subject to which the permit is to be granted; and
(b) a statement to the effect that the application will lapse if the applicant does not make a request under subsection (3) in respect of the grant of the permit.
(3) An applicant on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on him, or within such further period, not exceeding one month, as the Designated Authority, on application in writing served on him before the expiration of the first‑mentioned period of one month, allows, by instrument in writing served on the Designated Authority, request the Joint Authority to grant to the applicant the permit referred to in the first‑mentioned instrument.
(4) Where an applicant on whom there has been served an instrument under subsection (1) has made a request under subsection (3) within the period applicable under subsection (3), the Joint Authority shall grant to him an exploration permit for petroleum in respect of the block or blocks specified in the instrument.
(5) Where an applicant on whom there has been served an instrument under subsection (1) has not made a request under subsection (3) within the period applicable under subsection (3), the application lapses upon the expiration of that period.
22AA Withdrawal by a joint applicant
If:
(a) an application made under section 20 for the grant of a permit was a joint application; and
(b) all of the joint applicants, by written notice served on the Joint Authority, tell the Authority that one or more, but not all, of them, as specified in the notice, withdraw from the application;
the following paragraphs have effect:
(c) the application continues in force as if it had been made by the remaining applicant or applicants;
(d) if the Joint Authority had informed the joint applicants that it was prepared to grant to the applicants a permit in respect of the block or blocks to which the application relates—the Joint Authority is taken not to have so informed the applicants.
22AB Withdrawal of application
The person who has made, or all the persons who have jointly made, an application under section 20 for the grant of a permit may, by written notice served on the Joint Authority, withdraw the application at any time before a permit is granted in respect of the application.
22AC Effect of withdrawal or lapse of application
If:
(a) 2 or more applications have been made under section 20 for the grant of a permit in respect of the same block or blocks; and
(b) one or more, but not all, of the applications are withdrawn or have lapsed;
the following paragraphs have effect:
(c) the withdrawn or lapsed application or applications are taken not to have been made;
(d) if the Joint Authority had informed the applicant or one of the applicants whose application had been withdrawn or had lapsed that it was prepared to grant to that applicant a permit in respect of the block or blocks—the Joint Authority is taken not to have so informed the applicant concerned;
(e) if the applicant or one of the applicants whose application had been withdrawn had requested the Joint Authority under subsection 22(3) to grant a permit to the applicant concerned—the request is taken not to have been made;
(f) if the Joint Authority had refused to grant a permit to the remaining applicant or to any of the remaining applicants—the refusal or refusals are taken not to have occurred.
22A Application for permits by way of cash bidding
(1) The Joint Authority may, by instrument published in the Gazette, invite applications by way of cash bidding for the grant by the Joint Authority of a permit in respect of the block or blocks specified in the instrument.
(2) A block that has been specified in an instrument under subsection 20(1) inviting applications for the grant of a permit in respect of the block shall not be specified in an instrument under subsection (1) of this section at any time during the period specified in the first‑mentioned instrument.
(3) An instrument published under subsection (1) shall:
(a) specify a period within which applications may be made;
(b) state whether the permit to be granted will be able to be renewed;
(c) contain a summary of the conditions subject to which the permit is to be granted; and
(d) specify the matters that the Joint Authority will take into account in determining whether to reject an application.
(4) Where an instrument published under subsection (1) specifies more than one block, those blocks shall be constituted by graticular sections that:
(a) constitute a single area; and
(b) are such that each graticular section in that area has a side in common with at least one other graticular section in that area.
(5) An application under this section:
(a) shall be made within the period specified in the instrument published under subsection (1);
(b) shall be in accordance with an approved form;
(c) shall be made in an approved manner;
(d) shall, where the instrument published under subsection (1) specifies more than one block, be an application for the grant of a permit in respect of all the blocks so specified;
(e) shall be accompanied by particulars of:
(i) the technical qualifications of the applicant and of the employees of the applicant;
(ii) the technical advice available to the applicant; and
(iii) the financial resources available to the applicant;
(f) shall specify an amount that the applicant is prepared to pay in a single payment to the Commonwealth, in addition to the fee referred to in paragraph (h), in respect of the grant of a permit to the applicant on the application;
(g) may set out any other matters that the applicant wishes to be considered; and
(h) shall be accompanied by the prescribed fee.
(6) The Designated Authority may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the time specified in the instrument, further information in writing in connection with the application.
22B Grant or refusal of permit in relation to application
(1) Where, at the end of the period specified in an instrument published under subsection 22A(1), only one application has been made under section 22A in respect of the block or blocks specified in the instrument, the Joint Authority may reject the application or may, by instrument in writing served on the applicant, inform the applicant that it is prepared to grant to the applicant a permit in respect of that block or those blocks.
(2) Where, at the end of the period specified in an instrument published under subsection 22A(1), 2 or more applications have been made under section 22A in respect of the block or blocks specified in the instrument, the Joint Authority may reject any or all of the applications and, if it does not reject all of the applications, may:
(a) if only one application remains unrejected—by instrument in writing served on the applicant; or
(b) if 2 or more applications remain unrejected—by instrument in writing served on the applicant, or on one of the applicants, whose application has not been rejected and who has specified for the purposes of paragraph 22A(5)(f) an amount that is not less than the amount so specified by any other applicant whose application has not been rejected;
inform the applicant that it is prepared to grant to the applicant a permit in respect of that block or those blocks.
(3) An instrument served on an applicant under subsection (1) or (2) shall contain:
(a) a summary of the conditions subject to which the permit is to be granted; and
(b) a statement to the effect that the application will lapse if the applicant does not make a request under subsection (4) and pay to the Commonwealth the amount to be paid in respect of the grant of the permit to the applicant.
(4) An applicant on whom there has been served an instrument under subsection (1) or (2) may, within the period of one month after the date of service of the instrument on the applicant:
(a) by instrument in writing served on the Designated Authority, request the Joint Authority to grant to the applicant the permit referred to in the first‑mentioned instrument; and
(b) pay to the Commonwealth the amount specified by the applicant for the purposes of paragraph 22A(5)(f) in respect of the grant of the permit to the applicant.
(5) Where an applicant on whom there has been served an instrument under subsection (1) or (2):
(a) has made a request under paragraph (4)(a); and
(b) has paid to the Commonwealth the amount specified by the applicant for the purposes of paragraph 22A(5)(f) in respect of the grant of the permit to the applicant;
within the period of one month after the date of service of the instrument on the applicant, the Joint Authority shall, as soon as practicable after the amount referred to in paragraph (b) is paid to the Commonwealth, grant to the applicant an exploration permit for petroleum in respect of the block or blocks specified in the instrument.
(6) Where an applicant on whom there has been served an instrument under subsection (1) or (2):
(a) has not made a request under paragraph (4)(a); or
(b) has not paid to the Commonwealth the amount specified by the applicant for the purposes of paragraph 22A(5)(f) in respect of the grant of the permit to the applicant;
within the period of one month after the date of service of the instrument on the applicant, the application lapses at the end of that period.
(7) Where the application of an applicant on whom there has been served an instrument under subsection (2) lapses as provided by subsection (6), subsection (2) applies in respect of the application or applications, if any, then remaining unrejected.
22C Permit under section 22B to continue in force in certain cases
Where:
(a) a permit granted under section 22B, being:
(i) a permit in relation to which an instrument published under subsection 22A(1) stated that the permit would not be able to be renewed; or
(ii) a permit that has been renewed;
expires; and
(b) before the expiry of the permit:
(i) a block or blocks in respect of which the permit was in force had been nominated under section 36;
(ii) except where subparagraph (i) applies, the Designated Authority had required the permittee to nominate, under section 36, a block or blocks in respect of which the permit was in force; or
(iii) a declaration under section 37 had been made in relation to a block or blocks in respect of which the permit was in force and the permittee had not requested that the declaration be revoked;
the permit continues in force in respect of that block or those blocks, as the case may be:
(c) where the Designated Authority has required the permittee to nominate, under section 36, a block or blocks in respect of which the permit was in force, and the permittee does not comply with the requirement, until the expiration of the period allowed for compliance with the requirement; or
(d) in any other case, until:
(i) a declaration under section 37 in relation to the block or blocks is revoked;
(ii) a lease or licence is granted in relation to the block or blocks;
(iii) the application period referred to in subsection 38A(4) in respect of the block or blocks expires without an application under section 38A for a lease in respect of the block or blocks having been made by the permittee; or
(iv) the application period referred to in subsection 39A(5) or 40(4) in respect of the block or blocks expires without an application under section 39A or 40 for a licence in respect of the block or blocks having been made by the permittee;
whichever first occurs.
23 Application for permit in respect of surrendered blocks etc.
(1) Where:
(a) a lease is surrendered, cancelled or determined as to a block or blocks;
(aa) a licence is surrendered or cancelled as to a block or blocks; or
(b) a permit is surrendered, cancelled or determined as to a block or blocks and, at the time of the surrender, cancellation or determination, the block was, or was included in, or the blocks were, or were included in, a location;
the Joint Authority may, at any subsequent time by instrument published in the Gazette, invite applications for the grant by the Joint Authority of a permit in respect of that block or such of those blocks as are specified in the instrument and specify a period within which applications may be made.
(4) An application under this section:
(b) shall be made in an approved manner;
(c) shall be accompanied by the particulars referred to in paragraph 21(1)(d);
(d) shall specify an amount that the applicant is prepared to pay to the Designated Authority, in addition to the fee referred to in paragraph 24(1)(a), in respect of the grant of a permit to him on the application; and
(e) may set out any other matters that the applicant wishes to be considered.
(5) The Designated Authority may, at any time, by instrument in writing served on the applicant, require him to furnish, within the time specified in the instrument, further information in writing in connexion with his application.
24 Application fee etc.
(1) An application under section 23 shall be accompanied by:
(a) the prescribed fee; and
(b) a deposit of 10% of the amount specified in the application under paragraph 23(4)(d).
(2) Where a permit is not granted on the application, the amount of the deposit shall, subject to subsection (3), be refunded to the applicant.
(3) Where an applicant on whom there has been served an instrument under section 25 does not request the Joint Authority, in accordance with section 26, to grant to him the permit referred to in the instrument, the deposit shall not be refunded to the applicant.
25 Consideration of application
(1) Where, at the expiration of the period specified in an instrument under subsection 23(1), only one application has been made under that subsection in respect of the block or blocks specified in the instrument, the Joint Authority may reject the application or may, by instrument in writing served on the applicant, inform the applicant that it is prepared to grant to him a permit in respect of that block or those blocks.
(2) Where, at the expiration of the period specified in an instrument under subsection 23(1), 2 or more applications have been made under that subsection in respect of the block or blocks specified in the instrument, the Joint Authority may reject any or all of the applications and, if it does not reject all of the applications, may:
(a) if only one application remains unrejected—by instrument in writing served on the applicant; or
(b) if 2 or more applications remain unrejected—by instrument in writing served on the applicant, or on one of the applicants, whose application has not been rejected and who has specified as the amount that he is prepared to pay in respect of the grant of a permit to him an amount that is not less than the amount specified by any other applicant whose application has not been rejected;
inform him that it is prepared to grant to him a permit in respect of that block or those blocks.
(5) An instrument under this section shall contain:
(a) a summary of the conditions subject to which the permit is to be granted; and
(b) a statement to the effect that the application will lapse if the applicant does not:
(i) make a request under subsection 26(1); and
(ii) pay the balance of the amount to be paid in respect of the grant of the permit to the applicant.
26 Request by applicant for grant of permit in respect of advertised blocks
(1) An applicant on whom there has been served an instrument under section 25 may, within a period of 3 months after the date of service of the instrument on him, or within such further period, not exceeding 3 months, as the Designated Authority, on application in writing served on him before the expiration of the first‑mentioned period of 3 months, allows:
(a) by instrument in writing served on the Designated Authority, request the Joint Authority to grant to him the permit referred to in the first‑mentioned instrument; and
(b) pay the balance of the amount to be paid in respect of the grant of the permit to him.
(2) Where an applicant on whom there has been served an instrument under section 25:
(a) has not made a request under subsection (1); and
(b) has not paid the balance of the amount to be paid in respect of the grant of the permit to him;
within the period applicable under subsection (1), the application lapses upon the expiration of that period.
(3) Where the application of an applicant on whom there has been served an instrument under subsection 25(2) lapses as provided by subsection (2), subsection 25(2) applies in respect of the application or applications, if any, then remaining unrejected.
27 Grant of permit on request
Where a person on whom there has been served an instrument under section 25:
(a) has made a request under subsection 26(1); and
(b) has paid the balance of the amount to be paid in respect of the grant of a permit to him;
within the period applicable under that subsection, the Joint Authority shall grant to that person an exploration permit for petroleum in respect of the block or blocks specified in the instrument.
28 Rights conferred by permit
A permit, while it remains in force, authorizes the permittee, subject to this Act and the regulations and in accordance with the conditions to which the permit is subject, to explore for petroleum, and to carry on such operations and execute such works as are necessary for that purpose, in the permit area.
29 Term of permit
(1) Subject to this Part, a permit remains in force:
(a) in the case of a permit granted otherwise than by way of the renewal of a permit for a period of 6 years commencing on the day on which the permit is granted or, if a later day is specified in the permit as being the day on which the permit is to come into force, on that later day; and
(b) in the case of a permit granted by way of the renewal of a permit—for a period of 5 years commencing on the day on which the permit is granted or, if a later day is specified in the permit as being the day on which the permit is to come into force, on that later day.
Extension of permit in respect of block included in location when lease or licence applied for
(2) If:
(a) a permit in respect of a block or blocks cannot be renewed or further renewed; and
(b) before the time when the permit would, apart from this subsection, expire, the permittee has duly made an application to the Designated Authority for the grant by the Joint Authority of a lease or licence in respect of the block, or one or more of the blocks, being a block or blocks that are included in a location;
the permit continues in force in respect of the block or blocks to which the application relates until:
(c) if the Joint Authority tells the permittee that it is prepared to grant to the permittee a lease or licence in respect of the block or one or more of the blocks—such a lease or licence is granted, the permittee withdraws the application or the application lapses; or
(d) if the Joint Authority decides not to grant to the permittee such a lease—the end of the period of one year after the day of the service under subsection 38B(2) or (2A) of the instrument or notice refusing to grant the lease; or
(e) if the Joint Authority decides not to grant to the permittee such a licence—notice of the decision is served on the permittee.
30 Application for renewal of permit
(1) Subject to subsection (1A) and to sections 31 and 31A, a permittee may, from time to time, make an application to the Designated Authority for the renewal by the Joint Authority of the permit in respect of such of the blocks the subject of the permit as are specified in the application.
(1A) A permittee shall not make an application for the renewal of a permit granted under section 22B if:
(a) the instrument published under subsection 22A(1) in relation to the grant of the permit stated that the permit was not able to be renewed; or
(b) a renewal of the permit has previously been granted by the Joint Authority.
(2) An application for the renewal of the permit:
(b) subject to subsection (3), shall be made in an approved manner not less than 3 months before the date of expiration of the permit; and
(c) shall be accompanied by the prescribed fee.
(3) The Designated Authority may, for reasons that he thinks sufficient, receive an application for the renewal of the permit less than 3 months before, but not in any case after, the date of expiration of the permit.
30A Renewal of permit in respect of blocks constituted by graticular sections wholly or partly in Area A of the Zone of Cooperation
(1) This section applies to any permit that was, immediately before the commencement of this section, in force in respect of blocks all or a number of which were blocks constituted by graticular sections wholly or partly in Area A of the Zone of Cooperation.
(2) Where, as a result of the amendments of section 5A made by the Petroleum (Australia‑Indonesia Zone of Cooperation) (Consequential Provisions) Act 1990 (which removed Area A from the adjacent areas) and of the operation of subsection 17(2):
(a) a block specified in the permit has ceased to exist; or
(b) the boundaries of a block specified in the permit have changed;
the permit is taken not to specify any block referred to in paragraph (a), to specify each block referred to in paragraph (b) as that block exists immediately after the commencement of the amendments, and to specify each block unaffected by the amendments.
(3) Where:
(a) before the commencement of this section, an application had been made under section 30 for the renewal of a permit; and
(b) at that commencement, no decision has been taken to renew, or to refuse to renew, the permit;
the application is taken to specify the blocks which, as a result of the operation of subsection (2), constitute the permit area.
(4) Where, immediately before the commencement of this section, there was in force under section 103A an instrument of suspension in respect of a permit, then, on the commencement of this section:
(a) the instrument is by force of this section revoked; and
(b) the permittee is taken to have made an application under section 30 for the renewal by the Joint Authority of the permit in respect of the blocks which, as a result of the operation of subsection (2), constitute the permit area.
(5) Section 31 does not apply to or in relation to an application:
(a) that is referred to in subsection (3); or
(b) that a permittee is taken to have made under subsection (4).
31 Application for renewal of permit to be in respect of reduced area
(1) Subject to subsections (2A), (3), (4) and (5), the number of blocks in respect of which an application for the renewal of a permit may be made shall not exceed the number calculated as follows:
(a) where the number of blocks in respect of which the permit is in force is a number that is divisible by 2 without remainder—one‑half of that number; or
(b) where the number of blocks in respect of which the permit is in force is a number that is one less or one more than a number that is divisible by 4 without remainder—one‑half of that last‑mentioned number.
(2) A block that is, or is included in, a location and in respect of which the permit is in force shall not be regarded as a block in respect of which the permit is in force for the purpose of making a calculation under subsection (1).
(2A) An application for the renewal of a permit may include, in addition to the blocks referred to in subsection (1), a block that is, or is included in, a location and in respect to which the permit is in force, or 2 or more such blocks.
(3) An application cannot be made for the renewal of a permit in respect of only one block.
(4) If a permit is in force in respect of 5 or 6 blocks, an application may be made for the renewal of the permit in respect of 4 of those blocks.
(5) If a permit is in force in respect of 2, 3 or 4 blocks, an application may be made for the renewal of the permit in respect of all those blocks.
(6) An application may not be made for the further renewal of a permit that was renewed as a result of an application referred to in subsection (5).
Note: The operation of this section is affected by a saving provision set out in item 32 of Schedule 1 to the Petroleum (Submerged Lands) Legislation Amendment Act (No. 1) 2000. The saving provision applies in relation to the first application after the commencement of item 31 of that Schedule (on 7 March 2000) for the renewal of a permit that was granted before that commencement.
31A Certain permits cannot be renewed more than twice
Scope
(1) This section applies to an application for the renewal of a permit, where:
(a) the original permit was granted under section 22:
(i) on or after 1 January 2003; and
(ii) as a result of an application made in response to an invitation in an instrument that was published under subsection 20(1) on or after 1 January 2003; or
(b) the original permit was granted under section 27 on or after 1 January 2003.
Permit cannot be renewed more than twice
(2) A permittee must not make the application if it could result in the original permit being renewed more than twice.
32 Grant or refusal of renewal of permit
(1) Where an application has been made under section 30 for the renewal of a permit, the Joint Authority:
(a) shall, if the conditions to which the permit is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with; or
(b) may, if:
(i) any of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with; and
(ii) the Joint Authority is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the permit;
by instrument in writing served on the person who is then the permittee inform the person that it is prepared to grant to the person the renewal of the permit.
(2) If any of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with, and if the Joint Authority is not satisfied that special circumstances exist that justify the granting of the renewal of the permit, the Joint Authority shall, subject to subsection (3), by instrument in writing served on the person who is then the permittee, refuse to grant the renewal of the permit.
(3) The Joint Authority shall not refuse to grant the renewal of the permit unless:
(a) it has, by instrument in writing served on the permittee, given not less than one month’s notice of its intention to refuse to grant the renewal of the permit;
(b) it has served a copy of the instrument on such other persons, if any, as it thinks fit;
(c) it has, in the instrument:
(i) given particulars of the reasons for the intention; and
(ii) specified a date on or before which the permittee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Designated Authority, submit any matters that he wishes to be considered; and
(d) it has taken into account any matters so submitted on or before the specified date by the permittee or by a person on whom a copy of the first‑mentioned instrument has been served.
(4) An instrument referred to in subsection (1) shall contain:
(a) a summary of the conditions to which the permit, on the grant of the renewal, is to be subject; and
(b) a statement to the effect that the application will lapse if the permittee does not make a request under subsection (5).
(5) A permittee on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on the permittee, by instrument in writing served on the Designated Authority, request the Joint Authority to grant to the permittee the renewal of the permit.
(6) Where a permittee on whom there has been served an instrument under subsection (1) has made a request under subsection (5) within the period referred to in subsection (5), the Joint Authority shall grant to him the renewal of the permit.
(7) Where a permittee on whom there has been served an instrument under subsection (1) has not made a request under subsection (5) within the period referred to in subsection (5), the application lapses upon the expiration of that period.
(8) Where:
(a) an application for the renewal of a permit has been made; and
(b) the permit expires:
(i) before the Joint Authority grants, or refuses to grant, the renewal of the permit; or
(ii) before the application lapses as provided by subsection (7);
the permit shall be deemed to continue in force in all respects:
(c) until the Joint Authority grants, or refuses to grant, the renewal of the permit; or
(d) until the application so lapses;
whichever first happens.
33 Conditions of permit
(1) A permit may be granted subject to such conditions as the Joint Authority thinks fit and are specified in the permit.
(2) Subject to subsection (2A), the conditions referred to in subsection (1) may include all or any of the following:
(a) conditions with respect to work to be carried out by the permittee in or in relation to the permit area during the term of the permit, including conditions that require the permittee to carry out the work during a period or periods consisting of one or more years; or
(b) conditions with respect to amounts to be expended by the permittee in the carrying out of such work; or
(c) conditions requiring the permittee to comply with directions given in accordance with the permit concerning the matters referred to in paragraphs (a) and (b).
(2A) A permit granted under section 22B shall not be granted subject to conditions requiring work to be carried out by the permittee in or in relation to the permit area or requiring the permittee to expend amounts in the carrying out of work in or in relation to the permit area.
(3) A permit to which the Royalty Act applies (whether granted before or after the commencement of this subsection) shall be deemed to contain a condition that the permittee will comply with the provisions of the Royalty Act as in force from time to time.
34 Discovery of petroleum to be notified
(1) Where petroleum is discovered in a permit area, the permittee:
(a) shall forthwith inform the Designated Authority of the discovery; and
(b) shall, within a period of 3 days after the date of the discovery, furnish to the Designated Authority particulars in writing of the discovery.
Penalty: 100 penalty units.
36 Nomination of blocks as location
(1) Where a petroleum pool is identified in a permit area, the permittee may nominate the block in which the pool is situated, or the blocks (being blocks within the permit area) to which the pool extends, for declaration as a location.
(2) Where 2 or more petroleum pools are identified in a permit area, the permittee may, instead of making a nomination under subsection (1) in relation to each pool, nominate all of the blocks to which the pools extend, or to which any 2 or more of the pools extend, for declaration as a single location.
(3) A nomination may not be made under subsection (2) unless, in the case of each of the pools to which the nomination relates, at least one of the blocks to which the pool extends immediately adjoins a block to which the other, or another, of those pools extends.
(4) A nomination by a permittee shall be in writing and served on the Designated Authority.
(5) A nomination may not be made by a permittee unless the permittee or another person has, whether within or outside the permit area, recovered petroleum from the petroleum pool to which the nomination relates or, if the nomination relates to more than one pool, from each of those pools.
(6) Where:
(a) the Designated Authority is of the opinion that a permittee is entitled to nominate a block or blocks under subsection (1) or (2); and
(b) the permittee has not done so;
the Designated Authority may require the permittee to exercise the permittee’s right to nominate the block or blocks within 3 months after the date of the making of the requirement.
(7) A requirement by the Designated Authority under subsection (6) shall be by written notice served on the permittee.
(8) On written request by a permittee within the period fixed by subsection (6), the Designated Authority may extend the time for compliance with a requirement under that subsection by not more than 3 months.
(9) If a permittee fails to comply with a requirement under subsection (6), the Designated Authority may, by written notice served on the permittee, nominate the block or blocks for declaration as a location.
37 Declaration of location
(1) Where:
(a) a permittee has made a nomination under section 36; and
(b) the Designated Authority is of the opinion that the permittee is entitled under that section to nominate the block or blocks specified in the nomination;
the Designated Authority shall, by notice published in the Gazette, declare the block or blocks to which the nomination relates to be a location.
(2) Where the Designated Authority has made a nomination under subsection 36(9), the Designated Authority shall, by notice published in the Gazette, declare the block or blocks to which the nomination relates to be a location.
(3) The Designated Authority may, at the request of the permittee, revoke a declaration.
(4) The Designated Authority may vary a declaration:
(a) by adding to the location a block in the permit area to which, in the opinion of the Designated Authority, a petroleum pool within the location extends; or
(b) deleting from the location a block to which, in the opinion of the Designated Authority, no petroleum pool within the location extends.
(5) The Designated Authority may not vary a declaration unless:
(a) the Designated Authority has caused to be served on the permittee notice in writing of the proposed variation, identifying the block to be added to, or deleted from, the location;
(b) the period of 30 days after the date of service of the notice has expired; and
(c) the Designated Authority has considered any matters submitted to it by the permittee in relation to the proposed variation.
(6) Subsection (5) does not apply where a variation is made at the request of the permittee.
(7) The Designated Authority may form an opinion for the purposes of this section if it considers that there are reasonable grounds for forming the opinion having regard to any information in its possession, whether provided by the permittee or otherwise.
38 Immediately adjoining blocks
For the purposes of section 36, a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
(a) have a side in common; or
(b) are joined together at one point only.
Division 2A—Retention leases for petroleum
38A Application by permittee for lease
(1) A permittee whose permit is in force in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Designated Authority for the grant by the Joint Authority of a lease in respect of that block, or in respect of one or more of those blocks, as the case may be.
(2) An application under subsection (1):
(b) shall be made in an approved manner;
(c) shall be accompanied by particulars of:
(i) the proposals of the applicant for work and expenditure in respect of the area comprised in the blocks specified in the application; and
(ii) the commercial viability of the recovery of petroleum from the area comprised in the blocks specified in the application at the time of the application, and particulars of the possible future commercial viability of the recovery of petroleum from that area;
(d) may set out any other matters that the applicant wishes to be considered; and
(e) shall be accompanied by the prescribed fee.
(3) The Designated Authority may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the time specified in the instrument, further information in writing in connection with the application.
(4) The application period in respect of an application under this section by a permittee is:
(a) the period of 2 years after the date on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or
(b) such other period, not less than 2 years or more than 4 years after that date, as the Designated Authority, on application in writing by the permittee, served on the Designated Authority before the end of the first‑mentioned period of 2 years, allows.
38B Grant or refusal of lease in relation to application
(1) If:
(a) an application has been made under section 38A; and
(b) the applicant has furnished any further information as and when required by the Designated Authority under subsection 38A(3); and
(c) the Joint Authority is satisfied that:
(i) the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
(ii) the recovery of petroleum from that area is not, at the time of the application, commercially viable but is likely to become commercially viable within 15 years after that time;
the Joint Authority must, by written notice served on the applicant, tell the applicant that it is prepared to grant to the applicant a lease in respect of the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph (c).
(2) Where an application has been made under section 38A and:
(a) the applicant has not furnished any further information as and when required by the Designated Authority under subsection 38A(3); or
(b) the Joint Authority is not satisfied as to the matters referred to in paragraph (1)(c) in relation to the block, or all the blocks, specified in the application;
the Joint Authority shall, by instrument in writing served on the applicant, refuse to grant a lease to the applicant.
(2A) If:
(a) an application has been made under section 38A specifying 2 or more blocks; and
(b) the Joint Authority is not satisfied as to the matters referred to in paragraph (1)(c) in relation to one or more, but not all, of the blocks;
the Joint Authority must, by notice in writing served on the applicant, refuse to grant a lease to the applicant in respect of the block or blocks as to which it is not satisfied as mentioned in paragraph (1)(c).
(3) An instrument under subsection (1) shall contain:
(a) a summary of the conditions subject to which the lease is to be granted; and
(b) a statement to the effect that the application will lapse if the applicant does not make a request under subsection (4) in respect of the grant of the lease.
(4) An applicant on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument, or within such further period, not exceeding one month, as the Designated Authority, on application in writing served on the Designated Authority before the end of the first‑mentioned period of one month, allows, by instrument in writing served on the Designated Authority, request the Joint Authority to grant the lease to the applicant.
(5) Where an applicant on whom there has been served an instrument under subsection (1) has made a request under subsection (4) within the period applicable under subsection (4), the Joint Authority shall grant to the applicant a retention lease in respect of the block or blocks specified in the instrument.
(6) Where an applicant on whom there has been served an instrument under subsection (1) has not made a request under subsection (4) within the period applicable under subsection (4), the application lapses upon the expiration of that period.
(7) On the day on which a lease granted under this section in respect of a block or blocks comes into force, the permit in respect of the block or blocks ceases to be in force in respect of those blocks.
38BA Application of sections 38A and 38B where permit is transferred
Where:
(a) after an application has been made under subsection 38A(1) in relation to a block or blocks in respect of which a permit is in force; and
(b) before a decision has been made by the Joint Authority under subsection 38B(1) or (2) in relation to the application;
a transfer of the permit is registered under section 78, sections 38A and 38B have effect, after the time of the transfer, as if any reference in those sections to the applicant were a reference to the transferee.
38BB Application by licensee for lease
(1) If:
(a) a licence is in force under paragraph 53(1)(c) or subsection 53(2) in respect of a block or blocks; and
(b) no operations for the recovery of petroleum are being carried on under the licence in respect of an area (the unused area):
(i) that consists of, or consists of part of, the block or blocks; and
(ii) in which petroleum has been found to exist;
the licensee may, within the application period, apply to the Designated Authority for the grant by the Joint Authority of a lease in respect of the unused area.
(2) An application under subsection (1):
(a) is to be in accordance with an approved form; and
(b) is to be made in an approved manner; and
(c) is to be accompanied by particulars of:
(i) the proposals of the applicant for work and expenditure in respect of the unused area; and
(ii) the commercial viability of the recovery of petroleum from the unused area at the time of the application, and particulars of the possible future commercial viability of the recovery of petroleum from that area; and
(d) may set out any other matters that the applicant wishes to be considered; and
(e) is to be accompanied by the prescribed fee.
(3) The Designated Authority may, at any time, by written notice served on the applicant, require the applicant to give, within the period stated in the notice, further written information in connection with the application.
(4) The application period in respect of an application under this section by a licensee is the period of 5 years that began on:
(a) the day on which the licence was granted; or
(b) if any operations for the recovery of petroleum have been carried on under the licence in respect of the unused area—the last day on which any such operations were so carried on.
38BC Grant or refusal of lease in relation to application by licensee
(1) If:
(a) an application has been made under section 38BB; and
(b) the applicant has given any further information as and when required by the Designated Authority under subsection 38BB(3); and
(c) the Joint Authority is satisfied that recovery of petroleum from the unused area:
(i) is not, at the time of the application, commercially viable; and
(ii) is likely to become commercially viable within the period of 15 years after that time;
the Joint Authority must, by written notice served on the applicant, inform the applicant that it is prepared to grant to the applicant a lease in respect of the unused area.
(2) If an application has been made under section 38BB and:
(a) the applicant has not given further information as and when required by the Designated Authority under subsection 38BB(3); or
(b) the Joint Authority is not satisfied as to the matters referred to in paragraph (1)(c) in relation to the unused area;
the Joint Authority must, by written notice served on the applicant, refuse to grant a lease to the applicant.
(3) A notice under subsection (1) must contain:
(a) a summary of the conditions subject to which the lease is to be granted; and
(b) a statement to the effect that the application will lapse if the applicant does not make a request under subsection (4) in respect of the grant of the lease.
(4) An applicant on whom a notice has been served under subsection (1) may, within one month after the date on which the notice was served, or within such further period, not exceeding one month, as the Designated Authority, on written application made to the Designated Authority before the end of the first‑mentioned period of one month, allows, request the Joint Authority in writing to grant the lease to the applicant.
(5) If an applicant on whom a notice has been served under subsection (1) has made a request under subsection (4) within the period applicable under subsection (4), the Joint Authority must grant to the applicant a retention lease in respect of the unused area.
(6) If an applicant on whom a notice has been served under subsection (1) has not made a request under subsection (4) within the period applicable under subsection (4), the application lapses at the end of that period.
(7) On the day on which a lease granted under this section in respect of an unused area comes into force, the licence in respect of the block or blocks of which the area consists or in which the area is included ceases to be in force in respect of the area.
38BD Application of sections 38BB and 38BC where licence is transferred
If:
(a) after an application has been made under subsection 38BB(1) in relation to an area consisting of or included in a block or blocks in respect of which a licence is in force; and
(b) before a decision has been made by the Joint Authority under subsection 38BC(1) or (2) in relation to the application;
a transfer of the licence is registered under section 78, sections 38BB and 38BC have effect, after the time of the transfer, as if any reference in those sections to the applicant were a reference to the transferee.
38C Rights conferred by lease
A lease, while it remains in force, authorizes the lessee, subject to this Act and the regulations and in accordance with the conditions to which the lease is subject, to explore for petroleum, and to carry on such operations and execute such works as are necessary for that purpose, in the lease area.
38D Term of lease
Subject to this Part, a lease (whether granted by way of renewal of a lease or otherwise) remains in force for a period of 5 years commencing on the day on which the lease was granted or, if a later day is specified in the lease as being the day on which the lease is to come into force, on that later day.
38E Notice of intention to cancel lease
(1) Where:
(a) a lessee has been given a notice of the kind referred to in paragraph 38H(3)(b) during the term of the lease and has carried out, and has informed the Designated Authority of the results of, the re‑evaluation required by the notice;
(b) the lessee has not made an application for the renewal of the lease; and
(c) after consideration of the results of the re‑evaluation referred to in paragraph (a) and such other matters as the Joint Authority thinks fit, the Joint Authority is of the opinion that recovery of petroleum from the lease area is commercially viable;
the Joint Authority may serve on the lessee and on such other persons as the Joint Authority thinks appropriate an instrument in writing:
(d) informing the lessee or the other person that the Joint Authority has formed that opinion and that the Joint Authority intends to cancel the lease; and
(e) stating that the lessee or the other person may serve an instrument in writing on the Designated Authority within the period specified in the first‑mentioned instrument, not being a period ending earlier than one month after the date of service of the first‑mentioned instrument, setting out any matters that the lessee or the other person, as the case may be, wishes to be considered.
(2) Where:
(a) an instrument under subsection (1) is served on a lessee; and
(b) the lessee does not, within the period referred to in paragraph (1)(e), serve on the Designated Authority an instrument setting out matters that the lessee wishes to be considered or the Joint Authority, after consideration of matters set out in an instrument served on the Designated Authority by the lessee within that period, determines that the lease should be cancelled;
the Joint Authority shall, by instrument in writing served on the lessee, cancel the lease.
(3) The cancellation of a lease under subsection (2) has effect:
(a) in a case to which paragraph (b) does not apply—at the end of the period of 12 months commencing on the date of service of the instrument of cancellation; or
(b) in a case where the lessee makes an application for a licence in respect of one or more of the blocks comprised in the lease within the period referred to in paragraph (a)—when the Joint Authority grants, or refuses to grant, the licence or when the application lapses, whichever first happens.
(4) Where a lease is cancelled under subsection (2), the lease shall be deemed to continue in force in all respects until the cancellation has effect in accordance with subsection (3).
38F Application for renewal of lease
(1) A lessee may, from time to time, make an application to the Designated Authority for the renewal by the Joint Authority of the lease.
(2) An application for the renewal of a lease:
(b) subject to subsection (3), shall be made in an approved manner not less than 6 months or more than 12 months before the day on which the lease ceases to be in force;
(c) shall be accompanied by particulars of:
(i) the proposals of the applicant for work and expenditure in respect of the lease area; and
(ii) particulars of the commercial viability of recovery of petroleum from the lease at the time of the application and particulars of the possible future commercial viability of recovery of petroleum from the lease area; and
(d) shall be accompanied by the prescribed fee.
(3) The Designated Authority may, for reasons that the Designated Authority thinks sufficient, receive an application for the renewal of the lease less than 6 months before, but not in any case after, the day on which the lease ceases to be in force.
(4) Where an application has been made for the renewal of a lease, the Designated Authority may, at any time, by instrument in writing served on the lessee, require the lessee to furnish, within the time specified in the instrument, further information in writing in connection with the application.
38G Grant or refusal of renewal of lease
(1) Where:
(a) an application for the renewal of a lease has been made under section 38F;
(b) any further information required by the Designated Authority under subsection 38F(4) has been furnished in accordance with that subsection;
(c) the Joint Authority is satisfied that recovery of petroleum from the lease area:
(i) is not, at the time of the application, commercially viable; and
(ii) is likely to become commercially viable within the period of 15 years after that time;
the Joint Authority:
(d) shall, if the conditions to which the lease is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with; or
(e) may, if:
(i) any of the conditions to which the lease is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with; and
(ii) the Joint Authority is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the lease;
by instrument in writing served on the person who is then the lessee, inform the person that it is prepared to grant to the person the renewal of the lease.
(2) Subject to subsection (3), where an application for the renewal of a lease has been made under section 38F and:
(a) any further information required by the Designated Authority under subsection 38F(4) has not been furnished in accordance with that subsection;
(b) the Joint Authority is not satisfied as to the matters referred to in paragraph (1)(c); or
(c) any of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with and the Joint Authority is not satisfied that special circumstances exist that justify the granting of the renewal of the lease;
the Joint Authority shall, by instrument in writing served on the person who is then the lessee, refuse to grant the renewal of the lease.
(3) The Joint Authority shall not refuse to grant the renewal of the lease unless:
(a) it has, by instrument in writing served on the lessee, given not less than one month’s notice of its intention to refuse to grant the renewal of the lease;
(b) it has served a copy of the instrument on such other persons, if any, as it thinks fit;
(c) it has, in the instrument:
(i) given particulars of the reasons for the intention; and
(ii) specified a date on or before which the lessee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Designated Authority, submit any matters that the lessee wishes to be considered; and
(d) it has taken into account any matters so submitted on or before the specified date by the lessee or by a person on whom a copy of the first‑mentioned instrument has been served.
(4) An instrument referred to in subsection (1) shall contain:
(a) a summary of the conditions to which the lease, on the grant of the renewal, is to be subject; and
(b) a statement to the effect that the application will lapse if the lessee does not make a request under subsection (6).
(5) An instrument under subsection (2) shall, where the Joint Authority refuses to grant the renewal of a lease by reason only that the Joint Authority is not satisfied as to the matter referred to in subparagraph (1)(c)(i), contain a statement to the effect that the lessee may, within the period of 12 months after the date of service of the instrument, make an application for a licence in respect of one or more of the blocks comprised in the lease.
(6) A lessee on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on the lessee, by instrument in writing served on the Designated Authority, request the Joint Authority to grant the renewal of the lease to the lessee.
(7) Where a lessee on whom there has been served an instrument under subsection (1) has made a request under subsection (6) within the period referred to in subsection (6), the Joint Authority shall grant to the lessee the renewal of the lease.
(8) Where a lessee on whom there has been served an instrument under subsection (1) has not made a request under subsection (6) within the period referred to in subsection (6), the application lapses upon the expiration of that period.
(9) Where:
(a) an application for the renewal of a lease has been made; and
(b) the lease expires:
(i) before the Joint Authority grants, or refuses to grant, the renewal of the lease; or
(ii) before the application lapses as provided by subsection (8);
the lease shall be deemed to continue in force in all respects:
(c) until the Joint Authority grants, or refuses to grant, the renewal of the lease; or
(d) until the application so lapses;
whichever first happens.
(10) Where the Joint Authority refuses to grant the renewal of a lease by reason only that the Joint Authority is not satisfied as to the matter referred to in subparagraph (1)(c)(i), the lease shall be deemed to continue in force in all respects:
(a) in a case to which paragraph (b) does not apply—until 12 months after the date of service of the instrument under subsection (2); or
(b) in a case where the lessee makes an application for a licence in respect of one or more of the blocks comprised in the lease within the period of 12 months after the date referred to in paragraph (a)—until the Joint Authority grants, or refuses to grant, the licence or until the application lapses, whichever first happens.
38H Conditions of lease
(1) A lease may be granted subject to such conditions as the Joint Authority thinks fit and are specified in the lease.
(2) The conditions referred to in subsection (1) may include conditions with respect to work to be carried out by the lessee in or in relation to the lease area during the term of the lease, or amounts to be expended by the lessee in the carrying out of such work, or conditions with respect to both of those matters, including conditions requiring the lessee to comply with directions given in accordance with the lease concerning those matters.
(3) A lease shall be deemed to contain:
(a) in the case of a lease to which the Royalty Act applies—a condition that the lessee will comply with the provisions of the Royalty Act as in force from time to time; and
(b) a condition that the lessee will, within the period of 3 months after the receipt of a written notice from the Designated Authority requesting the lessee to do so or within such further period as the Designated Authority, on application in writing served on the Designated Authority before the end of the first‑mentioned period, allows, re‑evaluate the commercial viability of petroleum production in the lease area (otherwise than by the drilling of wells) and inform the Designated Authority in writing of the results of the re‑evaluation.
(4) Where a lessee has complied with a notice of the kind referred to in paragraph (3)(b) during the term of the lease, the Designated Authority shall not give to the lessee during that term a further notice of that kind.
38J Discovery of petroleum to be notified
(1) Where petroleum is discovered in a lease area, the lessee:
(a) shall forthwith inform the Designated Authority of the discovery; and
(b) shall, within a period of 3 days after the date of the discovery, furnish to the Designated Authority particulars in writing of the discovery.
Penalty: 100 penalty units.
Division 3—Production licences for petroleum
39 Recovery of petroleum in adjacent area
A person shall not carry on operations for the recovery of petroleum in an adjacent area except:
(a) under and in accordance with a licence; or
(b) as otherwise permitted by this Part.
Penalty: Imprisonment for 5 years.
39A Application for licence by holder of permit to which Royalty Act does not apply
(1) This section applies to a permit to which the Royalty Act does not apply.
(2) A permittee whose permit is in force in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Designated Authority for the grant by the Joint Authority of a licence in respect of that block, or in respect of one or more of those blocks, as the case may be.
(3) An applicant under subsection (2) may, for the purposes only of varying the number of blocks specified in the application, at any time before an instrument under subsection 43(1) informing the applicant that the Joint Authority is prepared to grant to the applicant a licence is served on the applicant, withdraw the application and make a fresh application under subsection (2).
(4) Paragraph 41(1)(e) does not apply in relation to such a fresh application.
(5) Subject to subsection (6), the application period in respect of a block under this section by a permittee is:
(a) the period of 2 years after the day on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or
(b) such other period, not less than 2 years or more than 4 years after that day, as the Designated Authority, on application by the permittee, in writing, served on the Designated Authority before the end of the first‑mentioned period of 2 years, allows.
(6) Where:
(a) a permittee applies for the grant by the Joint Authority of a licence in respect of a block or blocks in respect of which the permittee has applied for a lease under section 38A; and
(b) an instrument refusing to grant the lease is served on the permittee pursuant to subsection 38B(2);
the application period is whichever of the following periods last expires:
(c) the period that is applicable under subsection (5);
(d) the period of 12 months after the day of service of the instrument.
40 Application for licence by holder of permit to which Royalty Act applies
(1A) This section applies to a permit to which the Royalty Act applies.
(1) A permittee whose permit is in force in respect of a block that constitutes, or the blocks that constitute, a location, may within the application period, make an application to the Designated Authority for the grant by the Joint Authority of a licence:
(a) where 9 or more blocks constitute the location concerned—in respect of 5 of those blocks;
(b) where 8 or 7 blocks constitute the location concerned—in respect of 4 of those blocks;
(c) where 6 or 5 blocks constitute the location concerned—in respect of 3 of those blocks;
(d) where 4 or 3 blocks constitute the location concerned—in respect of 2 of those blocks;
(e) where 2 blocks constitute the location concerned—in respect of one of those blocks; or
(f) where one block constitutes the location concerned—in respect of that block.
(2) A permittee whose permit is in force in respect of blocks that constitute a location:
(a) instead of making an application under subsection (1) in respect of his primary entitlement, may, within the application period, make an application to the Designated Authority for the grant by the Joint Authority of a licence in respect of a number of those blocks that is less than his primary entitlement; and
(b) being the holder of a licence referred to in paragraph (a), may, from time to time within that period, make an application to the Designated Authority for the variation of that licence to include in the licence area a number of those blocks that does not exceed the number, if any, by which his primary entitlement exceeds the number of blocks in respect of which that licence was granted and the number of blocks, if any, included in that licence by reason of any previous variations of that licence.
(3) Where:
(a) a permittee makes an application under subsection (1) in respect of his primary entitlement; or
(b) a permittee who is the holder of a licence in respect of a number of blocks that is less than his primary entitlement makes an application under subsection (2) for a variation of that licence, and the number of blocks in respect of which that licence was granted, together with the number of blocks included, and sought to be included, in the licence area by reason of applications under that subsection, is his primary entitlement;
the permittee may, within the application period, make an application to the Designated Authority for the grant by the Joint Authority of a licence in respect of any of the other blocks forming part of the location concerned.
(4) Subject to subsection (5), the application period in respect of an application under this section by a permittee is:
(a) the period of 2 years after the date on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or
(b) such other period, not less than 2 years or more than 4 years after that date, as the Designated Authority, on application by the permittee, in writing, served on the Designated Authority before the expiration of the first‑mentioned period of 2 years, allows.
(5) Where:
(a) a permittee applies for the grant by the Joint Authority of a licence in respect of a block or blocks in respect of which the permittee has applied for a lease under section 38A; and
(b) an instrument refusing to grant the lease is served on the permittee pursuant to subsection 38B(2);
the application period is whichever of the following periods last expires:
(c) the period that is applicable under subsection (4);
(d) the period of 12 months after the day of service of the instrument.
40A Application for licence by holder of lease to which Royalty Act does not apply
(1) This section applies to a lease to which the Royalty Act does not apply.
(2) A lessee whose lease is in force in respect of a block or blocks may make an application to the Designated Authority for the grant by the Joint Authority of a licence in respect of that block, or in respect of one or more of those blocks, as the case may be.
40B Application for licence by holder of lease to which Royalty Act applies
(1) This section applies to a lease to which the Royalty Act applies.
(2) A lessee whose lease is in force may make an application to the Designated Authority for the grant by the Joint Authority of a licence:
(a) where the lease is in respect of 9 or more blocks—in respect of 5 of those blocks;
(b) where the lease is in respect of 8 or 7 blocks—in respect of 4 of those blocks;
(c) where the lease is in respect of 6 or 5 blocks—in respect of 3 of those blocks;
(d) where the lease is in respect of 4 or 3 blocks—in respect of 2 of those blocks;
(e) where the lease is in respect of 2 blocks—in respect of one of those blocks; or
(f) where the lease is in respect of one block—in respect of that block.
(3) At any time while a lease is in force, the lessee may, instead of making an application under subsection (2) in respect of the lessee’s primary entitlement, make an application to the Designated Authority for the grant by the Joint Authority of a licence in respect of a number of blocks that is less than the lessee’s primary entitlement.
(4) Where an application has been made under subsection (2) in respect of the lessee’s primary entitlement, the lessee may, at any time while the lease concerned is in force, make an application to the Designated Authority for the grant by the Joint Authority of a licence in respect of any of the other blocks forming part of the lease.
41 Application for licence
(1) An application under section 39A, 40, 40A or 40B:
(b) shall be made in an approved manner;
(c) shall be accompanied by particulars of the proposals of the applicant for work and expenditure in respect of the area comprised in the blocks specified in the application;
(d) may set out any other matters that the applicant wishes to be considered; and
(e) shall, in the case of an application for the grant of a licence, be accompanied by the prescribed fee.
(1A) An application under section 39A or 40A for the grant of a Greater Sunrise unit reservoir licence must also:
(a) nominate a person to be the unit operator, as defined in the Greater Sunrise unitisation agreement; and
(b) be accompanied by each Joint Venturers’ Agreement, as defined in the Greater Sunrise unitisation agreement; and
(c) be accompanied by a copy of the proposed Development Plan, as defined in the Greater Sunrise unitisation agreement.
(2) The Designated Authority may, at any time, by instrument in writing served on the applicant, require him to furnish, within the period specified in the instrument, further information in writing in connexion with his application.
(3) If the Designated Authority receives an application, or further information, the Designated Authority must, within 28 days, determine whether or not sufficient information has been received to determine the application. If the Designated Authority considers that sufficient information has been provided, the Designated Authority must issue the applicant with a notice to that effect specifying the last date on which information was provided.
(4) The issuing of a notice under subsection (3) does not prevent the Designated Authority from later requiring further information under subsection (2). However, the later request does not affect the notice under subsection (3).
(5) If an application is finalised without a licence being granted, any notice issued under subsection (3) in relation to that application is taken never to have been issued.
Note: Examples: An application may be finalised because it is withdrawn or because it is refused.
42 Determination of rate of royalty
(1) Where an application for a primary licence has been made and, before or after the grant of the primary licence, the applicant makes an application for a secondary licence, the Joint Authority shall determine a rate at which royalty is to be payable in respect of petroleum recovered, whether under the primary licence or under the secondary licence, being a rate that is not less than 11% nor more than 121/2% of the value at the well‑head of that petroleum.
(2) The Joint Authority shall not, under subsection (1), determine the rate at which royalty is to be payable unless it has given to the applicant an opportunity to confer with the Designated Authority concerning that rate and the Designated Authority has reported to it concerning any such conferring.
43 Notification as to grant of licence
(1) This section applies if an application for the grant of a licence has been made under section 39A, 40, 40A or 40B.
(1A) If:
(a) the applicant has given any further information as and when required by the Designated Authority under subsection 41(2); and
(b) the Joint Authority is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum;
the Joint Authority must, subject to subsection (1B), by written notice served on the applicant, tell the applicant that it is prepared to grant to the applicant a licence in respect of the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph (b).
(1B) The Greater Sunrise Off‑shore Petroleum Joint Authority must not tell an applicant for the grant of a Greater Sunrise unit reservoir licence that the Joint Authority is prepared to grant to the applicant such a licence unless:
(a) the Joint Authority has given to the Timor Sea Treaty Designated Authority a written notice that:
(i) states that the Joint Authority is considering granting the licence to the applicant and naming the person who the applicant has nominated to be the unit operator; and
(ii) is accompanied by a copy of each Joint Venturers’ Agreement that accompanied the application; and
(iii) is accompanied by a copy of the proposed Development Plan that accompanied the application; and
(b) the Joint Authority has approved:
(i) a unit operator in respect of the development of the Greater Sunrise unit reservoirs in the blocks to which the licence relates; and
(ii) each Joint Venturers’ Agreement in respect of that development; and
(iii) the Development Plan in respect of that development;
and is satisfied that the Timor Sea Treaty Designated Authority has approved the same unit operator, Joint Venturers’ Agreements and Development Plan in respect of that development; and
(c) the Joint Authority has determined the conditions subject to which the licence is to be granted.
(2) A notice under subsection (1A) shall:
(a) contain a summary of the conditions subject to which the licence is to be granted;
(b) if the instrument relates to an application for a secondary licence—specify the rate of royalty determined by the Joint Authority in pursuance of subsection 42(1); and
(c) contain a statement to the effect that the application will lapse if the applicant does not make a request under subsection 44(1) in respect of the grant of the licence.
(3) If the Joint Authority decides not to grant to the applicant a licence in respect of the block, or any of the blocks, specified in the application because:
(a) the applicant has failed to comply with a requirement made by the Designated Authority under subsection 41(2); or
(b) the Joint Authority is not satisfied that the area comprised in the block, or any of the blocks, contains petroleum; or
(c) in the case of an application for the grant of a Greater Sunrise unit reservoir licence—the Joint Authority is not satisfied that the Timor Sea Treaty Designated Authority has given the approvals mentioned in paragraph (1B)(b);
the Joint Authority must, by written notice served on the applicant, tell the applicant of its decision and the reasons for the decision.
44 Grant of licence
(1) An applicant on whom there has been served a notice under subsection 43(1A) may, within a period of 3 months after the date of service of the notice on him, or within such further period, not exceeding 3 months, as the Designated Authority, on application in writing served on him before the expiration of the first‑mentioned period of 3 months, allows, by instrument in writing served on the Designated Authority, request the Joint Authority to grant to the applicant the licence referred to in the notice.
(2) Where an applicant on whom there has been served a notice under subsection 43(1A) has made a request under subsection (1) within the period applicable under subsection (1), the Joint Authority shall grant to the applicant a production licence for petroleum in respect of the block or blocks as to which it is satisfied as mentioned in paragraph 43(1A)(b).
(3) A secondary licence shall not be granted to a permittee or lessee in respect of any one or more of the blocks that constitute a location unless:
(a) a primary licence has been granted in respect of a block or blocks forming part of that location; and
(b) the number of blocks in respect of which the primary licence was granted, together with the number of blocks included in that licence by reason of variations of the licence under section 45, is the permittee’s or lessee’s primary entitlement.
(4) Where an applicant on whom there has been served a notice under subsection 43(1A) has not made a request under subsection (1) within the period applicable under subsection (1) of this section, the application lapses upon the expiration of that period.
(5) On the day on which a licence granted under this section comes into force, the permit or lease in respect of the blocks in respect of which the licence was granted ceases to be in force in respect of those blocks.
44A Application of sections 39A and 41 to 44 where permit etc. transferred
Where:
(a) after an application has been made:
(i) under section 39A or 40 for the grant of a licence in respect of a block in respect of which a permit is in force; or
(ii) under section 40A or 40B for the grant of a licence in respect of a block in respect of which a lease is in force; and
(b) before a decision has been made by the Joint Authority under subsection 43(1A) in relation to the application;
a transfer of the permit or lease (as the case may be) is registered under section 78, then, after the time of the transfer:
(c) in the case of an application under section 39A—that section has effect in relation to the application as if any reference in subsection (3) to the applicant were a reference to the transferee; and
(d) in all cases—sections 41 to 44 (inclusive) have effect in relation to the application as if any reference in those sections to the applicant were a reference to the transferee.
45 Variation of licence area
(1) Where an application is made under subsection 40(2) for a variation of a licence, the Designated Authority shall, by instrument in writing served on the licensee, vary the licence to include in the licence area such of the blocks specified in the application as are blocks as to which the Joint Authority is satisfied as mentioned in paragraph 43(1A)(b).
(2) On and from the day on and from which a variation of a licence under this section has effect:
(a) the blocks included in the licence area by reason of the variation are, subject to this Part, for the remainder of the term of the licence, blocks in respect of which the licence is in force; and
(b) the permit that is in force in respect of the blocks so included ceases to be in force in respect of those blocks.
46 Determination of permit or lease as to block not taken up
(1) Subject to subsection (2), where:
(a) a permittee who may make an application under section 39A or 40 in respect of a block does not, within the application period, make the application; or
(b) an application made by a permittee under section 39A in respect of a block lapses or all applications made by a permittee under section 40 in respect of a block have lapsed;
the permit is determined as to that block and the determination has effect:
(c) in a case referred to in paragraph (a)—upon the expiration of the application period; and
(d) in a case referred to in paragraph (b):
(i) upon the expiration of the application period; or
(ii) upon the lapsing of the application, or of the last of the applications, referred to in that paragraph;
whichever is the later.
(1A) Where an application made by a lessee under section 40A in respect of a block lapses, the lease is determined as to that block.
(1B) Subject to subsection (2), where all applications made by a lessee under section 40B in respect of a block have lapsed, the lease is determined as to that block and the determination has effect upon the lapsing of the last of those applications.
(2) Where a permittee or lessee makes an application for a secondary licence:
(a) the permit or lease determined as to any blocks forming part of the location concerned that are not the subject of that application or of any application for a primary licence or for the variation of such a licence; and
(b) the determination has effect upon the making of the application.
(3) Subject to subsection (4), where a block or blocks constituting or forming part of a location is or are no longer the subject of a permit or lease, the Designated Authority shall, by instrument published in the Gazette:
(a) in a case where that block or those blocks constitutes or constitute that location—revoke the declaration made under section 37 in respect of that location; or
(b) in a case where that block or those blocks form part of that location—revoke the declaration made under section 37 in respect of that location to the extent that it relates to that block or those blocks.
(4) Subsection (3) does not apply in relation to a block:
(a) in respect of which an application for the grant of a lease or licence has been made, being an application that has not lapsed and in relation to which a decision has not been made by the Joint Authority; or
(b) in respect of which a lease or licence is in force.
(5) Where a lease is granted in respect of a block or blocks forming part of a location, the Designated Authority shall, by instrument published in the Gazette, revoke the declaration made under section 37 to the extent that it relates to the block or blocks that is or are not within the lease area.
(6) Where:
(a) the Joint Authority refuses to grant a lease in respect of a block or blocks constituting or forming part of a location; and
(b) the reason, or one of the reasons, for the refusal is that the Joint Authority is not satisfied as to the matter referred to in subparagraph 38B(1)(c)(ii);
the Designated Authority shall, by instrument published in the Gazette, revoke the declaration made under section 37 in respect of that location.
47 Application for licence in respect of surrendered blocks etc.
(1) Where:
(a) a licence is surrendered or cancelled as to a block; or
(b) a permit or lease is surrendered, cancelled or determined as to a block:
(i) that, at the time of the surrender, cancellation or determination, was, or was included in, a location; and
(ii) in which, in the opinion of the Joint Authority, there is petroleum;
the Joint Authority may, at any subsequent time, by instrument published in the Gazette:
(c) invite applications for the grant by the Joint Authority of a licence in respect of that block; and
(d) specify a period within which applications may be made.
(2) The Joint Authority shall, in an instrument under subsection (1), state that an applicant is required to specify an amount that the applicant would be prepared to pay in respect of the grant of a licence to the applicant on the application.
(6) An application under this section:
(b) shall be made in an approved manner;
(c) shall be accompanied by the particulars referred to in paragraph 41(1)(c);
(d) shall specify the amount that the applicant would be prepared to pay in respect of the grant of a licence to the applicant on the application; and
(f) may set out any other matters that the applicant wishes to be considered.
(7) The Designated Authority may, at any time, by instrument in writing served on the applicant, require him to furnish, within the period specified in the instrument, further information in connexion with his application.
48 Application fee etc.
(1) An application under section 47 shall be accompanied by:
(a) the prescribed fee; and
(b) a deposit of 10% of the amount that the applicant has specified as the amount that the applicant would be prepared to pay in respect of the grant of a licence to the applicant on the application.
(2) Where a licence is not granted on the application, the amount of the deposit shall, subject to subsection (3), be refunded to the applicant.
(3) Where an applicant on whom there has been served an instrument under subsection 49(1) does not, under subsection 49(6), request the grant to him of the licence referred to in the instrument, the deposit shall not be refunded to the applicant.
49 Request by applicant for grant of licence
(1) Where, at the expiration of the period specified in an instrument under subsection 47(1), only one application has been made under that subsection in respect of the block specified in the instrument, the Joint Authority may reject the application or may, by instrument in writing served on the applicant, inform him that it is prepared to grant to him a licence in respect of that block.
(2) Where, at the expiration of the period specified in an instrument under subsection 47(1), 2 or more applications have been made under that subsection in respect of the block specified in the instrument, the Joint Authority may reject any or all of the applications and, if it does not reject all of the applications, may:
(a) if only one application remains unrejected—by instrument in writing served on the applicant; or
(b) if 2 or more applications remain unrejected—by instrument in writing served on the applicant, or on one of the applicants, whose application has not been rejected and who has specified in his application an amount that he would be prepared to pay that is not less than the amount specified in the application of any other applicant whose application has not been rejected;
inform him that it is prepared to grant to him a licence in respect of that block and that he will be required to pay the amount specified in the application.
(5) An instrument under any of the preceding provisions of this section shall contain:
(a) a summary of the conditions subject to which the licence is to be granted;
(b) a statement of the balance of the amount, if any, that the applicant will be required to pay in respect of the grant of the licence to him; and
(c) a statement to the effect that the application will lapse:
(i) if the applicant does not make a request under subsection (6); or
(ii) in a case where the instrument contains a statement referred to in paragraph (b)—if the applicant does not pay the balance of the amount referred to in that statement.
(6) An applicant on whom there has been served an instrument under any of the preceding provisions of this section may, within a period of 3 months after the date of service of the instrument on him, or within such further period, not exceeding 3 months, as the Designated Authority, on application in writing served on him before the expiration of the first‑mentioned period of 3 months, allows:
(a) by instrument in writing served on the Designated Authority, request the Joint Authority to grant to him the licence; and
(b) if the first‑mentioned instrument contains a statement of the balance of an amount that the applicant will be required to pay in respect of the grant of the licence to him—pay that balance.
(7) Where an applicant on whom there has been served an instrument under subsection (1) or (2):
(a) has not made a request under subsection (6); or
(b) if the instrument contains a statement of the balance of an amount that the applicant will be required to pay in respect of the grant of a licence to him—has not paid that balance;
within the period applicable under subsection (6), the application lapses upon the expiration of that period.
(8) Where the application of an applicant on whom there has been served an instrument under subsection (2) lapses as provided by subsection (7), subsection (2) applies in respect of the application or applications, if any, then remaining unrejected.
50 Grant of licence on request
Where an applicant on whom there has been served an instrument under section 49:
(a) has made a request under subsection 49(6); and
(b) if the instrument contains a statement of the balance of an amount that the applicant will be required to pay in respect of the grant of a licence to him—has paid that balance;
within the period applicable under subsection 49(6), the Joint Authority shall grant to him a production licence for petroleum in respect of the block specified in the instrument.
51 Grant of licences in respect of individual blocks
(1) Where a licence (in this section called the original licence) is in force in respect of 2 or more blocks (not being blocks that form, or form part of, a location), the licensee may make an application to the Joint Authority for the grant to him of 2 or more licences in respect of the blocks the subject of the original licence in exchange for the original licence.
(2) An application under subsection (1):
(b) shall be made in an approved manner;
(c) shall specify the number of licences required;
(d) shall specify the block or blocks the subject of the original licence in respect of which each licence is sought; and
(e) shall be accompanied by the prescribed fee.
(4) Where a licensee has made an application under this section, the Joint Authority shall grant to the licensee production licences for petroleum in accordance with the application.
(5) A licence granted on an application under this section:
(a) remains in force, subject to this Part, but notwithstanding section 53, for the remainder of the term of the original licence; and
(b) shall be granted subject to conditions corresponding as nearly as may be to the conditions to which the original licence was subject.
(6) Where licences are granted on an application under this section:
(a) the original licence is, by force of this subsection, determined; and
(b) the determination has effect on and from the day on which those licences come into force.
52 Rights conferred by licence
A licence, while it remains in force, authorizes the licensee, subject to this Act and the regulations and in accordance with the conditions to which the licence is subject:
(a) to recover petroleum in the licence area and to recover petroleum from the licence area in another area to which he has lawful access for that purpose;
(b) to explore for petroleum in the licence area; and
(c) to carry on such operations and execute such works in the licence areas as are necessary for those purposes.
53 Term of licence
(1) Subject to this Part, a licence granted before the commencement of subsection (2) remains in force:
(a) in the case of a licence granted otherwise than by way of renewal of a licence—for a period of 21 years commencing on the day on which the licence is granted or, if a later day is specified in the licence as being the day on which the licence is to come into force, on that later day;
(b) in the case of a licence granted by way of the first renewal of a licence—for the period of 21 years commencing on the day on which the licence is granted or, if a later day is specified in the licence as being the day on which the licence is to come into force, on that later day; and
(c) in the case of a licence granted by way of the second renewal of a licence—indefinitely.
(2) Subject to this Part, a licence granted after the commencement of this subsection remains in force indefinitely.
53A Termination of licence if no operations for 5 years
(1) If no operations for the recovery of petroleum under a licence referred to in paragraph 53(1)(c) or subsection 53(2) have been carried on for a continuous period of at least 5 years, the Joint Authority may, by written notice served on the licensee, inform the licensee that the Joint Authority proposes to terminate the licence after the end of one month after the notice is served.
(2) At any time after the end of one month after the notice referred to in subsection (1) is served on the licensee, the Joint Authority may, by written notice served on the licensee, terminate the licence.
(3) In working out for the purposes of subsection (1) the duration of the period in which no operations for the recovery of petroleum were carried on under a licence, any period in which no such operations were carried on because of circumstances beyond the licensee’s control is to be disregarded.
54 Application for renewal of licence
(1) A licensee under a licence to which paragraph 53(1)(a) or (b) applies may, from time to time, make an application to the Designated Authority for the renewal by the Joint Authority of the licence.
(2) An application for the renewal of the licence:
(b) subject to subsection (3), shall be made in an approved manner not less than 6 months before the day on which the licence ceases to be in force;
(c) shall be accompanied by particulars of the proposals of the licensee for work and expenditure in respect of the licence area; and
(d) shall be accompanied by the prescribed fee.
(3) The Designated Authority may, for reasons that he thinks sufficient, receive an application for the renewal of the licence less than 6 months before, but not in any case after, the day on which the licence ceases to be in force.
55 Grant or refusal of renewal of licence
(1) Where:
(a) an application for the renewal of a licence has been made under section 54; and
(b) the conditions to which the licence is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with;
the Joint Authority:
(c) must if:
(i) the application is in respect of the first renewal of the licence; or
(ii) the application is in respect of a renewal of the licence other than the first renewal and operations for the recovery of petroleum have been carried on in the licence area within 5 years before the application for the renewal was made; or
(d) may in any other case;
by instrument in writing served on the person who is then the licensee, inform the person that it is prepared to grant to the person the renewal of the licence.
(2) Where:
(a) an application for the renewal of a licence has been made under section 54; and
(b) any of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with, but the Joint Authority is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the licence;
the Joint Authority may, by instrument in writing served on the person who is then the licensee, inform the person that it is prepared to grant to the person the renewal of the licence.
(3) If any of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with, and if the Joint Authority is not satisfied that special circumstances exist that justify the granting of the renewal of the licence, the Joint Authority shall, subject to subsection (4), by instrument in writing served on the person who is then the licensee, refuse to grant the renewal of the licence.
(4) The Joint Authority shall not, under subsection (3), refuse to grant the renewal of a licence unless:
(a) it has, by instrument in writing served on the licensee, given not less than one month’s notice of its intention to refuse to grant the renewal of the licence;
(b) it has served a copy of the instrument on such other persons, if any, as it thinks fit;
(c) it has, in the instrument:
(i) given particulars of the reasons for the intention; and
(ii) specified a date on or before which the licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Designated Authority, submit any matters that he wishes to be considered; and
(d) it has taken into account any matters so submitted on or before the specified date by the licensee or by a person on whom a copy of the first‑mentioned instrument has been served.
(5) Where an application has been made under section 54 in respect of a renewal other than the first renewal of the licence, the Joint Authority may, by instrument in writing served on the person who is then the licensee, refuse to grant the renewal of the licence.
(7) An instrument under subsection (1) or (2) shall contain:
(a) a summary of the conditions to which the licence, on the grant of the renewal, is to be subject; and
(b) a statement to the effect that the application will lapse if the applicant does not make a request under subsection (8).
(8) A licensee on whom there has been served an instrument under subsection (1) or (2) may, within a period of one month after the date of service of the instrument on the licensee, by instrument in writing served on the Designated Authority, request the Joint Authority to grant the renewal of the licence to the licensee.
(9) Where a licensee on whom there has been served an instrument under subsection (1) or (2) has made a request under subsection (8) within the period referred to in subsection (8), the Joint Authority shall grant to him the renewal of the licence.
(10) Where a licensee on whom there has been served an instrument under subsection (1) or (2) has not made a request under subsection (8) within the period referred to in subsection (8), the application lapses upon the expiration of that period.
(11) Where:
(a) an application for the renewal of a licence is made under section 54; and
(b) the licence expires:
(i) before the Joint Authority grants, or refuses to grant, the renewal of the licence; or
(ii) before the application lapses as provided by subsection (10);
the licence shall be deemed to continue in force in all respects:
(c) until the Joint Authority grants, or refuses to grant, the renewal of the licence; or
(d) until the application so lapses;
whichever first happens.
56 Conditions of licences
(1) A licence may be granted subject to such conditions as the Joint Authority thinks fit and are specified in the licence.
(2) A licence to which the Royalty Act applies (whether granted before or after the commencement of this subsection) shall be deemed to contain a condition that the licensee will comply with the provisions of the Royalty Act, as in force from time to time.
58 Directions as to recovery of petroleum
(1) Where petroleum is not being recovered in a licence area and the Joint Authority is satisfied that there is recoverable petroleum in that area, it may, by instrument in writing served on the licensee, direct the licensee to take all necessary and practicable steps to recover that petroleum.
(2) Where the Joint Authority is not satisfied with the steps taken or being taken by a licensee to whom a direction has been given under subsection (1), the Joint Authority may, by instrument in writing served on the licensee, give to the licensee such directions as the Joint Authority thinks necessary for or in relation to the recovery of petroleum in the licence area.
(3) Where petroleum is being recovered in a licence area, the Joint Authority may, for reasons that it thinks sufficient, by instrument in writing served on the licensee, direct the licensee to take all necessary and practicable steps to increase or reduce the rate at which petroleum is being recovered in the licence area or from a petroleum pool in the licence area to such rate as the Joint Authority specifies in the instrument.
(4) Where the Joint Authority is not satisfied with the steps taken or being taken by a licensee to whom a direction has been given under subsection (3), the Joint Authority may, by instrument in writing served on the licensee, give to the licensee such directions as the Joint Authority thinks necessary for or in relation to the increase or reduction of the rate at which petroleum is being recovered in the licence area or from a petroleum pool in the licence area.
(5) Without limiting the matters that may be taken into account by the Joint Authority in determining whether to give a direction under subsection (3) or (4), the Joint Authority may take into account matters relating to the effects on Commonwealth revenue of the proposed direction, but the Joint Authority shall not give a direction under subsection (3) or (4) if the direction would require action to be taken that is contrary to good oil‑field practice.
59 Unit development
(1) In this section, the expression unit development:
(a) applies in relation to a petroleum pool (other than either of the Greater Sunrise unit reservoirs) that is partly in a particular licence area of a licensee and partly in a licence area of another licensee or in an area that is not within an adjacent area but in which a person other than the first‑mentioned licensee is lawfully entitled to carry on operations for the recovery of petroleum from the pool; and
(b) means the carrying on of operations for the recovery of petroleum from that pool under co‑operative arrangements between the persons entitled to carry on such operations in each of those areas.
(2) A licensee may from time to time enter into an agreement in writing for or in relation to the unit development of a petroleum pool but nothing in this subsection derogates from the operation of subsection 81(2).
(3) The Joint Authority, of its own motion or on application made to the Joint Authority in writing by:
(a) a licensee in whose licence area there is a part of a particular petroleum pool; or
(b) a person who is lawfully entitled to carry on operations for the recovery of petroleum in an area outside the adjacent area that includes part of a particular petroleum pool that extends into the adjacent area;
may, for the purpose of securing the more effective recovery of petroleum from the petroleum pool, direct any licensee whose licence area includes part of the petroleum pool, by instrument in writing served on the licensee, to enter into an agreement in writing, within the period specified in the instrument, for or in relation to the unit development of the petroleum pool and to lodge an application in accordance with section 81 for approval of any dealing to which the agreement relates.
(4) Where:
(a) a licensee who is directed under subsection (3) to enter into an agreement for or in relation to the unit development of a petroleum pool does not enter into such an agreement within the specified period; or
(b) the licensee enters into such an agreement but an application for approval of a dealing to which the agreement relates is not lodged with the Designated Authority or, if an application is so lodged, the dealing is not approved under section 81;
the Joint Authority may, by instrument in writing served on the licensee, direct the licensee to submit to the Joint Authority, within the period specified in the instrument, a scheme for or in relation to the unit development of the petroleum pool.
(5) At any time after the expiration of the period within which a scheme for or in relation to the unit development of a petroleum pool is to be submitted by a licensee under subsection (4), the Joint Authority may, by instrument in writing served on the licensee, give to the licensee such directions as the Joint Authority thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool.
(6) Where a person is the licensee in respect of 2 or more licence areas in each of which there is part of a particular petroleum pool, the Joint Authority may, by instrument in writing served on the licensee, give to the licensee such directions as the Joint Authority thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool.
(7) Where an agreement under this section is in force or the Joint Authority has given directions under subsection (5) or (6), the Joint Authority may, having regard to additional information that has become available, by instrument in writing served on the licensee or licensees concerned, give to the licensee or licensees such directions, or further directions, as the case may be, as the Joint Authority thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool.
(8) The Joint Authority shall not give a direction under subsection (6) or (7) unless the Designated Authority has given to the licensee or licensees concerned an opportunity to confer with the Designated Authority concerning the proposed direction.
(9) Directions under subsection (5), (6) or (7) may include directions as to the rate at which petroleum is to be recovered.
(10) In this section, dealing means a dealing to which section 81 applies.
(11) If a petroleum pool extends, or is reasonably believed by the Designated Authority to extend, from the adjacent area in respect of a State or Territory into:
(a) lands to which the laws of that State or Territory or of another State or Territory relating to the exploitation of petroleum resources apply; or
(b) the adjacent area of an adjoining State or Territory;
each Designated Authority concerned shall consult concerning the exploitation of the petroleum pool with any other Designated Authority concerned and with the appropriate authority of a State or Territory referred to in paragraph (a).
(12) Where subsection (11) applies in relation to a petroleum pool, a Joint Authority shall not approve an agreement under this section, or give a direction under this section, in relation to that petroleum pool except with the approval of any other Joint Authority concerned and any State or Territory authority concerned.
Division 3A—Infrastructure licences
59A Construction etc. of infrastructure facilities
A person must not, in the adjacent area:
(a) begin or continue the construction, or the alteration or reconstruction, of any infrastructure facilities; or
(b) operate any infrastructure facilities;
except:
(c) under and in accordance with an infrastructure licence; or
(d) as otherwise permitted by this Part.
Penalty: Imprisonment for 5 years.
59B Application for infrastructure licence
(1) A person may apply to the Designated Authority in respect of an adjacent area or a part of an adjacent area for the grant by the Joint Authority in respect of the adjacent area or the part of an adjacent area of an infrastructure licence.
(2) The application:
(a) is to be made in an approved manner; and
(b) is to be accompanied by particulars of the proposals of the applicant for the construction and operation of facilities at a place in an adjacent area, or a part of an adjacent area, being a place described in the application; and
(c) may set out any other matters that the applicant wishes to be considered; and
(d) is to be accompanied by the prescribed fee.
(3) The Designated Authority may, at any time, by written notice served on the applicant, require the applicant to give, within the period stated in the notice, further written information in connection with the application.
59C Notification as to grant of an infrastructure licence
(1) If an application for the grant of an infrastructure licence has been made under section 59B and the applicant has given any further information as and when required by the Designated Authority under subsection 59B(3), then, subject to section 59D, the Joint Authority, by written notice served on the applicant, may inform the applicant that the Joint Authority is prepared to grant to the applicant an infrastructure licence in respect of the place described in the application.
(2) A notice under subsection (1) must:
(a) contain a summary of the conditions subject to which the infrastructure licence is to be granted; and
(b) contain a statement to the effect that the application will lapse if the applicant does not make a request under subsection 59E(1) in respect of the grant of the infrastructure licence.
59D Notices to be given by Joint Authority
(1) This section applies if the Joint Authority is prepared to grant an infrastructure licence (the proposed infrastructure licence) in respect of a place in a block that:
(a) is the subject of a permit, lease, licence, infrastructure licence, special prospecting authority or access authority; or
(b) is, or is proposed to be, transected by a pipeline in accordance with the provisions of a pipeline licence;
of which the registered holder is a person other than the applicant.
(2) The Joint Authority must not inform the applicant under section 59C that the Joint Authority is prepared to grant the proposed infrastructure licence unless the Joint Authority:
(a) has, by written notice served on the registered holder referred to in subsection (1), given not less than one month’s notice that the Authority is prepared to grant the proposed infrastructure licence; and
(b) has served a copy of the notice on such other persons (if any) as the Authority thinks fit; and
(c) has, in the notice:
(i) given particulars of the proposed infrastructure licence; and
(ii) specified a date, on or before which a person on whom the notice, or a copy of the notice, is served may, by writing served on the Authority, submit any matters that the person wishes the Authority to consider; and
(d) has taken into account any matters so submitted on or before the specified date by a person on whom the first‑mentioned notice, or a copy of it, has been served.
(3) Subsection (2) does not apply:
(a) in respect of the registered holder of a permit, lease, licence, infrastructure licence or pipeline licence if the registered holder has consented in writing to the grant of the proposed infrastructure licence; or
(b) in respect of the registered holder of a special prospecting authority or an access authority if:
(i) the registered holder has consented in writing to the grant of the proposed infrastructure licence; or
(ii) the special prospecting authority or access authority will expire before any construction or operation of facilities under the proposed infrastructure licence would occur.
59E Grant of infrastructure licence
(1) An applicant on whom a notice has been served under subsection 59C(1) (the applicant) may, by written notice served on the Designated Authority, request the Joint Authority to grant to the applicant the infrastructure licence referred to in the first‑mentioned notice.
(2) The request must be made:
(a) before the end of 3 months after the date of service of the notice on the applicant under subsection 59C(1); or
(b) if the Designated Authority, on application in writing served on that Authority before the end of that period, allows a further period of not more than 3 months for the making of the request—before the end of that further period.
(3) If the applicant makes the request within the period applicable under subsection (2), the Joint Authority must grant to the applicant an infrastructure licence in respect of the place described in the application.
(4) If the applicant does not make the request within the period applicable under subsection (2), the application lapses at the end of that period.
59F Rights conferred by infrastructure licence
(1) An infrastructure licence, while it remains in force, authorises the infrastructure licensee, subject to this Act and the regulations and in accordance with the conditions to which the infrastructure licence is subject, to construct and operate infrastructure facilities in the infrastructure licence area.
(2) To avoid doubt, the grant of an infrastructure licence is not a prerequisite to doing anything that could be authorised to be done by a permit, lease, licence or pipeline licence.
59G Term of infrastructure licence
Subject to this Part, an infrastructure licence remains in force indefinitely.
59H Termination of infrastructure licence if no operations for 5 years
(1) If an infrastructure licensee:
(a) has not carried out any construction work under the infrastructure licence for a continuous period of at least 5 years; and
(b) has not used the facilities constructed under the infrastructure licence for a continuous period of at least 5 years;
the Joint Authority may, by written notice served on the infrastructure licensee, inform the infrastructure licensee that the Joint Authority proposes to terminate the infrastructure licence after the end of one month after the notice is served.
(2) At any time after the end of one month after the notice referred to in subsection (1) is served on the infrastructure licensee, the Joint Authority may, by written notice served on the infrastructure licensee, terminate the infrastructure licence.
(3) In working out, for the purposes of subsection (1), the duration of the period in which an infrastructure licensee did not carry out any construction work under the infrastructure licence or did not use the facilities constructed under the infrastructure licence, any period in which construction work was not carried out, or the facilities were not used, because of circumstances beyond the infrastructure licensee’s control is to be disregarded.
59J Conditions of infrastructure licence
An infrastructure licence may be granted subject to such conditions as the Joint Authority thinks fit and are specified in the infrastructure licence.
59K Variation of infrastructure licence
(1) An infrastructure licensee may, at any time, make an application to the Designated Authority for the variation by the Joint Authority of the infrastructure licence.
(2) An application under this section:
(a) is to be made in the approved manner; and
(b) is to be accompanied by particulars of the proposed variation; and
(c) is to set out the reasons for the proposed variation; and
(d) is to be accompanied by the prescribed fee.
(3) The Designated Authority may, at any time, by written notice served on the applicant, require the applicant to give, within the period stated in the notice, further written information in connection with the application.
(4) If the infrastructure licence was granted in respect of a place in a block that:
(a) is the subject of a permit, lease, licence, infrastructure licence, special prospecting authority or access authority; or
(b) is, or is proposed to be, transected by a pipeline in accordance with the provisions of a pipeline licence;
of which the registered holder is a person other than the applicant, the Joint Authority must not vary the infrastructure licence pursuant to the application unless the Designated Authority:
(c) has, by written notice served on the registered holder, given not less than one month’s notice that the Joint Authority is considering the application; and
(d) has served a copy of the notice on such other persons (if any) as the Joint Authority thinks fit; and
(e) has, in the notice:
(i) given particulars of the proposed variation; and
(ii) specified a date on or before which a person on whom the notice, or a copy of the notice, is served may, by writing served on the Joint Authority, submit any matters that the person wishes the Joint Authority to consider.
(5) Subsection (4) does not apply:
(a) in respect of the registered holder of a permit, lease, licence, infrastructure licence or pipeline licence if the registered holder has consented in writing to the variation of the infrastructure licence; or
(b) in respect of the registered holder of a special prospecting authority or an access authority if:
(i) the registered holder has consented in writing to the variation of the infrastructure licence; or
(ii) the special prospecting authority or access authority will expire before any construction or operation of facilities under the infrastructure licence as proposed to be varied would occur.
(6) After considering any matters submitted to the Designated Authority under subsection (4) on or before the date specified in the notice served under that subsection by a person to whom the notice, or a copy of the notice, has been served, the Joint Authority may:
(a) by written notice served on the applicant, vary the infrastructure licence to such extent as the Joint Authority thinks necessary; or
(b) refuse to vary the infrastructure licence.
Division 4—Pipeline licences
60 Construction etc. of pipelines etc.
(1) A person shall not, in an adjacent area, or a part of an adjacent area:
(a) commence or continue the construction of, or the alteration or reconstruction of, a pipeline; or
(b) operate a pipeline;
except under and in accordance with a pipeline licence.
(4) A person must not, in an adjacent area, or a part of an adjacent area, commence to operate a pipeline unless:
(a) it has been constructed and tested in accordance with a pipeline licence; and
(b) the Designated Authority has certified in writing that he or she is satisfied that the pipeline has been so constructed and tested and is fit to be operated.
(5) A person shall not, in an adjacent area, or a part of an adjacent area, recommence to operate a pipeline the previous operation of which was discontinued except with and in accordance with a consent in writing of the Designated Authority.
(6) A Designated Authority may, for reasons that he thinks sufficient, refuse to give his consent or certificate for the purposes of this section or attach conditions to such a consent.
Penalty: Imprisonment for 5 years.
61 Acts done in an emergency etc.
It is not an offence against section 60:
(a) if, in an emergency in which there is a likelihood of loss or injury, or for the purpose of maintaining a pipeline in good order or repair, a person does an act to avoid the loss or injury or to maintain the pipeline in good order and repair and:
(i) as soon as practicable notifies the Designated Authority of the act done; and
(ii) complies with any directions given to him by the Designated Authority; or
(b) if a person does an act in compliance with a direction under this Act or the regulations.
62 Removal of pipeline etc. constructed in contravention of Act
(1) Where:
(a) the construction of a pipeline is commenced, continued or completed in contravention of this Act; or
(b) a pipeline is altered or reconstructed in contravention of this Act;
the Designated Authority in respect of an adjacent area, or a part of an adjacent area, may, by instrument in writing served on the appropriate person, direct him:
(c) to make such alterations to the pipeline as are specified in the instrument; or
(d) to move the pipeline to a specified place in, or to remove it from, the adjacent area, or the part of an adjacent area;
within the period specified in the instrument.
(2) For the purpose of subsection (1), the appropriate person is:
(a) if the construction of the pipeline has been completed—the owner of the pipeline; or
(b) if the construction of the pipeline has not been completed—the person for whom the pipeline is being constructed.
(3) Where a person on whom there has been served an instrument under subsection (1) does not, within the period specified in the instrument or within such further period, if any, as the Designated Authority, on application in writing served on him before the expiration of the first‑mentioned period, allows, comply with the direction, the Designated Authority may do all or any of the things required by the direction to be done.
(4) Costs and expenses incurred by the Designated Authority under subsection (3) are a debt due by the person referred to in that subsection to the Commonwealth and are recoverable in a court of competent jurisdiction.
63 Terminal station
The Designated Authority in respect of an adjacent area, or a part of an adjacent area, may, by instrument published in the Gazette, declare a pumping station, a tank station or a valve station in the adjacent area, or the part of an adjacent area, to be a terminal station.
64 Application for pipeline licence
General requirements for all applications for pipeline licences
(1) An application for a pipeline licence, whether or not that licence is for the conveyance of petroleum recovered from an area within an adjacent area:
(b) shall be made in an approved manner;
(c) shall be accompanied by particulars of:
(i) the proposed design and construction of the pipeline;
(ii) the proposed size and capacity of the pipeline;
(iii) the proposals of the applicant for work and expenditure in respect of the construction of the pipeline;
(iv) the technical qualifications of the applicant and of his employees;
(v) the technical advice available to the applicant;
(vi) the financial resources available to the applicant; and
(vii) any agreements entered into, or proposed to be entered into, by the applicant for or in relation to the supply or conveyance of petroleum by means of the pipeline;
(d) shall be accompanied by a plan, drawn to an approved scale, showing:
(i) the route to be followed by the pipeline;
(ii) the sites of pumping stations, tank stations and valve stations to be used in connexion with the pipeline; and
(iii) the site of any pumping station, tank station or valve station that the applicant desires to be declared under section 63 to be a terminal station in connexion with the pipeline;
(e) may set out any other matters that the applicant wishes to be considered; and
(f) shall be accompanied by the prescribed fee.
Rights of production licensees following application for certain pipeline licences by other persons
(2) Where a notice is published in the Gazette of an application by a person other than the registered holder of the production licence for that area (the licensee) for a pipeline licence in respect of the construction of a pipeline for the conveyance of petroleum recovered in a licence area, the licensee may, within a period of 3 months after the date of publication of the notice, or within such further period, not exceeding 3 months, as the Designated Authority, on application in writing served on him before the expiration of the first‑mentioned period of 3 months, allows, make an application for such a pipeline licence and, in the application, request that the application referred to in the notice be rejected.
Joint Authority must refuse application under subsection (2) if a successful application is made by production licensee
(3) Where:
(a) a notice is published in the Gazette of an application by a person other than the registered holder of the production licence for a licence area for a pipeline licence in respect of the construction of the pipeline for the conveyance of petroleum recovered in that area; and
(b) such a pipeline licence is granted to the licensee on an application under subsection (2);
the Joint Authority shall, by instrument in writing served on the applicant reject the application referred to in the notice.
Designated Authority may seek further information in relation to any pipeline licence application
(4) The Designated Authority may, at any time, by instrument in writing served on a person who has made an application under subsection (1), require him to furnish, within the time specified in the instrument, further information in writing in connexion with his application.
65 Grant or refusal of pipeline licence
Notification of preparedness to grant pipeline licence relating to licence area to person other than production licensee
(1) Where a person makes an application in accordance with section 64 for a pipeline licence in respect of the construction in an adjacent area, or a part of an adjacent area, of a pipeline for the conveyance of petroleum recovered in a licence area within or outside that, or another, adjacent area, or a part of an adjacent area, the Joint Authority may, if:
(a) that person is not the registered holder of the production licence for that licence area; and
(b) the application has not been rejected under subsection 64(3);
inform that person, by instrument in writing served on the person, that it is prepared to grant the person a pipeline licence.
Notification of preparedness to grant pipeline licence relating to licence area to production licensee
(2) Where an application for a pipeline licence in respect of the construction in an adjacent area, or a part of an adjacent area, of a pipeline for the conveyance of petroleum recovered in a licence area is made in accordance with section 64 by the registered holder of the production licence for that licence area (the licensee), the Joint Authority:
(a) shall, if the conditions to which the production licence for that licence area is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with; or
(b) may, if:
(i) any of the conditions to which the production licence for that licence area is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with; and
(ii) the Joint Authority is, nevertheless, satisfied that special circumstances exist that justify the granting of a pipeline licence;
by instrument in writing served on the person who is then the registered holder of the production licence for that licence area (the licensee), inform the person that it is prepared to grant to the person a pipeline licence.
Notification of preparedness to grant other pipeline licences
(2A) If a person makes an application in accordance with section 64 for a pipeline licence in respect of the construction in an adjacent area, or a part of an adjacent area, of a pipeline for the conveyance of petroleum recovered from a place beyond the outer limits of any adjacent area, the Joint Authority may inform the person, by instrument in writing served on the person, that it is prepared to grant the person a pipeline licence.
Joint Authority may refuse to grant pipeline licence relating to licence area if production licence conditions not complied with, etc.
(3) Where an application for a pipeline licence in respect of the construction in an adjacent area, or a part of an adjacent area, of a pipeline for the conveyance of petroleum recovered in a licence area is made in accordance with section 64 by the registered holder of the production licence for that licence area (the licensee), the Joint Authority shall, if:
(a) any of the conditions to which the production licence is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with; and
(b) the Joint Authority is not satisfied that special circumstances exist that justify the granting of a pipeline licence;
by instrument in writing served on the person who is then the registered holder of the production licence for that licence area (the licensee), refuse to grant a pipeline licence.
Joint Authority must not refuse to grant pipeline licence to production licensee under subsection (3) unless notice given
(4) The Joint Authority shall not, under subsection (3), refuse to grant a pipeline licence for the conveyance of petroleum recovered in a licence area to the registered holder of the production licence for that area (the licensee) unless:
(a) it has, by instrument in writing served on the licensee, given not less than one month’s notice of its intention to refuse to grant the pipeline licence;
(b) it has served a copy of the instrument on such other persons, if any, as it thinks fit;
(c) it has, in the instrument:
(i) given particulars of the reasons for the intention; and
(ii) specified a date on or before which the licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Designated Authority, submit any matters that he wishes to be considered; and
(d) it has taken into account any matters so submitted on or before the specified date by the licensee or by a person on whom a copy of the first‑mentioned instrument has been served.
Joint Authority may refuse to grant pipeline licence relating to a licence area to a person other than the production licensee
(5) Where a person other than the registered holder of the production licence for a licence area makes an application in accordance with section 64 for a pipeline licence in respect of the construction of a pipeline for the conveyance of petroleum recovered in that licence area, the Joint Authority may, by instrument in writing served on the applicant, refuse to grant a pipeline licence.
Instrument indicating preparedness to grant a pipeline licence must specify route of pipeline and conditions of licence
(7) An instrument under subsection (1), (2) or (2A):
(a) shall specify the route to be followed by the pipeline;
(b) shall contain a summary of the conditions subject to which the pipeline licence is to be granted; and
(c) shall contain a statement to the effect that the application will lapse if the applicant does not make a request under subsection (9).
Route to be specified in respect of all pipeline licences
(8) The route to be specified in an instrument under subsection (1), (2) or (2A) shall be:
(a) the route shown in the plan accompanying the application; or
(b) if the Joint Authority is of the opinion that, for any reason, that route is not appropriate—a route that, in the opinion of the Joint Authority, is appropriate.
All persons notified of preparedness to grant pipeline licence have 3 months to request grant of licence
(9) A person on whom there has been served an instrument under subsection (1), (2) or (2A) may, within a period of 3 months after the date of service of the instrument on him, or within such further period, not exceeding 3 months, as the Designated Authority on application in writing served on him before the expiration of the first‑mentioned period of 3 months, allows, by instrument in writing served on the Designated Authority, request the Joint Authority to grant to the person the pipeline licence.
If request for grant of pipeline licence is made within due time, Joint Authority must grant licence
(10) Where a person on whom there has been served an instrument under subsection (1), (2) or (2A) has made a request under subsection (9) within the period applicable under subsection (9), the Joint Authority shall grant to that person a licence to construct and operate a pipeline in respect of the pipeline specified in the instrument.
If grant of pipeline licence not requested within time, application for licence lapses
(11) Where a person on whom there has been served an instrument under subsection (1), (2) or (2A) has not made a request under subsection (9) within the period applicable under subsection (9), the application lapses upon the expiration of that period.
66 Rights conferred by pipeline licence
A pipeline licence, while it remains in force, authorizes the pipeline licensee, subject to this Act and the regulations and in accordance with the conditions to which the pipeline licence is subject:
(a) to construct in the adjacent area, or the part of an adjacent area, specified in the pipeline licence:
(i) a pipeline of the design, construction, size and capacity specified in the pipeline licence along the route, and in the position in relation to the sea‑bed in that adjacent area, or that part of an adjacent area,, so specified; and
(ii) the pumping stations, tank stations and valve stations so specified in the positions so specified;
(b) to operate that pipeline and those pumping stations, tank stations and valve stations; and
(c) to carry on such operations, to execute such works and to do all such other things in that adjacent area, or that part of an adjacent area, as are necessary for or incidental to the construction and operation of that pipeline and of those pumping stations, tank stations and valve stations.
67 Term of pipeline licence
(1) Subject to this Part, a pipeline licence remains in force indefinitely.
(2) A pipeline licence comes into force on the day on which the pipeline licence is granted or, if a later day is specified in the pipeline licence as being the day on which the pipeline licence is to come into force, on that later day.
67A Termination of pipeline licence if no operations for 5 years
(1) If a pipeline licensee:
(a) has not carried out any construction work under the pipeline licence for a continuous period of at least 5 years; and
(b) has not used the pipeline or a part of the pipeline for a continuous period of at least 5 years;
the Joint Authority may, by written notice served on the pipeline licensee, inform the pipeline licensee that the Joint Authority proposes to terminate the pipeline licence, or to terminate the pipeline licence in respect of the part of the pipeline, as the case may be, after the end of one month after the notice is served.
(2) At any time after the end of one month after the notice referred to in subsection (1) is served on the pipeline licensee, the Joint Authority may, by written notice served on the pipeline licensee, terminate the pipeline licence or terminate the pipeline licence in respect of the part of the pipeline, as the case may be.
(3) In working out, for the purposes of subsection (1), the duration of the period in which a pipeline licensee did not carry out any construction work under the pipeline licence or did not use the pipeline or a part of the pipeline, any period in which construction work was not carried out, or the pipeline or part of the pipeline was not used, because of circumstances beyond the pipeline licensee’s control is to be disregarded.
70 Conditions of pipeline licence
(1) A pipeline licence may be granted subject to such conditions as the Joint Authority thinks fit and are specified in the pipeline licence.
(2) The conditions referred to in subsection (1) may include a condition that the pipeline licensee shall complete the construction of the pipeline within the period specified in the pipeline licence.
71 Variation by the Joint Authority of pipeline licence on application by pipeline licensee
(1) A pipeline licensee may, at any time, make an application to the Designated Authority for the variation by the Joint Authority of the pipeline licence.
(2) An application under this section:
(b) shall be made in an approved manner;
(c) shall be accompanied by particulars of the proposed variation;
(d) shall specify the reasons for the proposed variation; and
(e) shall be accompanied by the prescribed fee.
(3) The Designated Authority may, at any time, by instrument in writing served on a person who has made an application under this section, require him to furnish, within the period specified in the instrument, further information in writing in connexion with his application.
(4) The Designated Authority shall, in a notice published in the Gazette of an application under this section, specify a period within which a person may submit to the Designated Authority, in writing, any matters that he wishes the Joint Authority to consider in connexion with the application.
(5) After considering any matters submitted to the Designated Authority under subsection (4), the Joint Authority may, by instrument in writing, vary the pipeline licence to such extent as it thinks necessary or may refuse to vary the pipeline licence.
72 Variation of pipeline licence by Joint Authority
(1) The Joint Authority may:
(a) at the request of:
(i) a Minister of State of the Commonwealth or of a State; or
(ii) a body established by a law of the Commonwealth or of a State or Territory; and
(b) if, in its opinion, it is in the public interest so to do;
by instrument in writing served on a person who is a pipeline licensee or the holder of an instrument of consent under section 60, direct that person to make such changes in the design, construction, route or position of the pipeline to which the pipeline licence or instrument of consent relates as are specified in the first‑mentioned instrument, within the period specified in the first‑mentioned instrument, and, if the person so directed is a pipeline licensee, shall vary the pipeline licence accordingly.
(2) A person to whom a direction is given under subsection (1) shall comply with the direction.
Penalty: Imprisonment for 5 years.
(3) Where the Joint Authority gives a direction under subsection (1) and the person to whom the direction is given complies with the direction, that person may bring an action in the High Court or the Supreme Court against the Minister or body making the request.
(4) The court shall hear the action, without a jury, and shall determine whether it is just that the whole or a portion of the reasonable cost of complying with the direction ought to be paid to the plaintiff by the defendant.
(5) If the court determines that it is just that such a payment ought to be made, the court shall determine the amount of the payment and give judgment accordingly.
(6) In this section, the Supreme Court means the Supreme Court of the State or Territory to which the adjacent area in which the pipeline is constructed is specified in Schedule 2 as being adjacent.
73 Common carrier
(1) The Joint Authority may, by instrument in writing served on a pipeline licensee, direct the pipeline licensee to be a common carrier of petroleum in respect of the pipeline and thereupon the pipeline licensee is a common carrier of petroleum in respect of the pipeline.
(2) Subsection (1) does not apply in relation to a pipeline if:
(a) the pipeline is a covered pipeline within the meaning of the Third Party Access Code; or
(b) the service provided by means of the pipeline is the subject of a declaration under section 44H of the Trade Practices Act 1974; or
(c) the service provided by means of the pipeline is the subject of an undertaking accepted by the Australian Competition and Consumer Commission under section 44ZZA of the Trade Practices Act 1974.
(3) While a direction made by the joint Authority is in force in respect of a pipeline:
(a) the pipeline cannot be a covered pipeline within the meaning of the Third Party Access Code; and
(b) Part IIIA of the Trade Practices Act 1974 does not apply in relation to any service provided by means of the pipeline.
74 Ceasing to operate pipeline
(1) Except with the consent in writing of the Joint Authority and subject to compliance with such conditions, if any, as are specified in the instrument of consent, a pipeline licensee shall not cease to operate the pipeline.
Penalty: Imprisonment for 5 years.
(2) It is not an offence against subsection (1) if the failure of the pipeline licensee to operate the pipeline:
(a) was in the ordinary course of operating the pipeline;
(b) was for the purpose of repairing or maintaining the pipeline; or
(c) was in an emergency in which there was a likelihood of loss or injury.
Division 5—Registration of instruments
75 Interpretation
In this Division, title means a permit, lease, licence, infrastructure licence, pipeline licence or access authority.
76 Register of certain instruments to be kept
(1) For the purposes of this Part, the Designated Authority shall keep a Register of titles and special prospecting authorities granted under this Act relating to the adjacent area, or the part of the adjacent area, in respect of which the Designated Authority is the Designated Authority.
(2) The Designated Authority shall enter in the Register a memorial in respect of each title or special prospecting authority:
(a) specifying the name of the holder of the title or special prospecting authority; and
(b) in the case of a permit, lease or licence, setting out an accurate description (including, where convenient, a map) of the permit area, lease area or licence area; and
(ba) in the case of an infrastructure licence, setting out particulars of the infrastructure licence area; and
(c) in the case of a special prospecting authority or an access authority, setting out an accurate description (including, where convenient, a map) of the area in respect of which the special prospecting authority or access authority is in force; and
(d) in the case of a pipeline licence, setting out a description of the route of the pipeline; and
(e) specifying the term of the title or special prospecting authority; and
(f) setting out such other matters and things as are required by this Part to be entered in the Register; and
(g) setting out such further matters relating to the registered holder or to the terms and conditions of the permit, licence, infrastructure licence, pipeline licence or access authority as the Designated Authority deems proper and expedient in the public interest.
(3) The Designated Authority shall enter in the Register a memorial of:
(a) any instrument varying, cancelling, surrendering or otherwise affecting a title or special prospecting authority;
(b) any instrument under subsection 59(5), (6) or (7);
(d) any instrument varying or revoking an instrument referred to in paragraph (a) or (b).
(4) It is a sufficient compliance with the requirements of subsection (2) or (3) if the Designated Authority enters a copy of the title, special prospecting authority or instrument in the Register.
(6) The Designated Authority shall endorse on the memorial or copy of the title, special prospecting authority or instrument a memorandum of the date upon which the memorial or copy was entered in the Register.
77 Memorials to be entered of permits etc. determined etc.
Where:
(a) a permit or lease ceases to be in force in respect of a block in respect of which a licence is granted;
(aa) a permit ceases to be in force in respect of a block in respect of which a lease is granted;
(b) a permit or lease has been wholly determined or partly determined; or
(c) a title or special prospecting authority has expired;
the Designated Authority shall enter in the Register a memorial of the fact.
78 Approval and registration of transfers
(1) A transfer of a title is of no force until it has been approved by the Designated Authority and an instrument of transfer is registered as provided by this section.
(2) Where it is desired that a title be transferred, one of the parties to the proposed transfer may make an application in writing to the Designated Authority for approval of the transfer.
(3) An application for approval of a transfer of a title shall be accompanied by:
(a) an instrument of transfer in the prescribed form executed by the registered holder or, if there are 2 or more registered holders, by each registered holder and by the transferee or, if there are 2 or more transferees, by each transferee;
(b) in a case where the transferee or one or more of the transferees is not a registered holder or are not registered holders of the title, an instrument setting out:
(i) the technical qualifications of that transferee or those transferees;
(ii) details of the technical advice that is or will be available to that transferee or those transferees; and
(iii) details of the financial resources that are or will be available to that transferee or those transferees; and
(c) 2 copies of the application and of the instruments referred to in paragraphs (a) and (b).
(4) The Designated Authority shall not approve the transfer of a title unless the application was lodged with the Designated Authority within 3 months after the day on which the party who last executed the instrument of transfer so executed the instrument of transfer or within such longer period as the Designated Authority, in special circumstances, allows.
(5) Where an application for approval of a transfer is made in accordance with this section, the Designated Authority shall enter a memorandum in the Register of the date on which the application was lodged and may make such other notation in the Register as the Designated Authority considers appropriate.
(6) The Designated Authority must consider each application for approval of the transfer of a title and determine whether to approve the transfer.
(7) Where an application for approval of the transfer of a title is made in accordance with this section, the Designated Authority shall, by notice in writing served on the person who made the application, inform the person of the decision of the Designated Authority.
(9) Where the Designated Authority approves the transfer of a title, the Designated Authority shall forthwith endorse on the instrument of transfer and on one copy of the instrument a memorandum of approval and shall, on payment of the fee provided by the Registration Fees Act, enter in the Register a memorandum of the transfer and the name of the transferee or of each transferee.
(10) Upon the entry in the Register of a memorandum of the transfer of a title and of the name of the transferee or each transferee in accordance with subsection (9):
(a) the transfer shall be deemed to be registered; and
(b) the transferee becomes the registered holder, or the transferees become the registered holders, of the title.
(11) Where the Designated Authority refuses to approve the transfer of a title, the Designated Authority shall make a notation of the refusal in the Register.
(12) Where a transfer is registered:
(a) the copy of the instrument of transfer endorsed with the memorandum of approval shall be retained by the Designated Authority and made available for inspection in accordance with this Division; and
(b) the instrument of transfer endorsed with the memorandum of approval shall be returned to the person who lodged the application for approval of the transfer.
(13) The mere execution of an instrument of transfer of a title creates no interest in the title.
79 Entries in Register on devolution of title etc.
(1) A person upon whom the rights of a registered holder of a particular title have devolved by operation of law may apply in writing to the Designated Authority to have his name entered in the Register as the holder of the title.
(2) The Designated Authority shall, if he is satisfied that the rights of the holder have devolved upon the applicant by operation of law and on payment of the prescribed fee, enter the name of the applicant in the Register as the holder of the title and, upon that entry being so made, the applicant becomes the registered holder of the title.
(3) Where a company that is the registered holder of a particular title has changed its name, it may apply in writing to the Designated Authority to have its new name substituted for its previous name in the Register in relation to that title and, if:
(a) the Designated Authority is satisfied that the company has so changed its name; and
(b) the company has paid the prescribed fee;
the Designated Authority shall make the necessary alterations in the Register.
81 Approval of dealings relating to existing titles
(1) This section applies to a dealing that would, but for subsection (2), have one or more of the following effects:
(a) the creation or assignment of an interest in an existing title;
(b) the creation or assignment of a right (conditional or otherwise) to the assignment of an interest in an existing title;
(c) the determining of the manner in which persons may exercise the rights conferred by, or comply with the obligations imposed by or the conditions of, an existing title (including the exercise of those rights or the compliance with those obligations or conditions under co‑operative arrangements for the recovery of petroleum);
(d) the creation or assignment of:
(i) an interest in relation to an existing permit, lease or licence, being an interest known as an overriding royalty interest, a production payment, a net profits interest or a carried interest; or
(ii) any other interest that is similar to an interest referred to in subparagraph (i), being an interest relating to petroleum produced from operations authorized by an existing permit, lease or licence or relating to revenue derived as a result of the carrying out of operations of that kind;
(e) the creation or assignment of an option (conditional or otherwise) to enter into a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c) and (d);
(f) the creation or assignment of a right (conditional or otherwise) to enter into a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c) and (d);
(g) the alteration or termination of a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c), (d), (e) and (f);
but this section does not apply to a transfer to which section 78 applies.
(2) A dealing to which this section applies is of no force in so far as the dealing would, but for this subsection, have an effect of a kind referred to in subsection (1) in relation to a particular title until:
(a) the dealing, in so far as it relates to that title, has been approved by the Designated Authority; and
(b) an entry has been made in the Register in relation to the dealing by the Designated Authority in accordance with subsection (12).
(3) A party to a dealing to which this section applies may lodge with the Designated Authority:
(a) in a case where the dealing relates to only one title, an application in writing for approval by the Designated Authority of the dealing; or
(b) in any other case, a separate application in writing for approval by the Designated Authority of the dealing in relation to each title to which the dealing relates.
(4) An application under subsection (3) for approval of a dealing:
(a) shall be accompanied by the instrument evidencing the dealing or, if that instrument has already been lodged with the Designated Authority for the purposes of another application, a copy of that instrument; and
(b) may be accompanied by an instrument setting out such particulars (if any) as are prescribed for the purposes of an application for approval of a dealing of that kind.
(4A) An application under subsection (3) for approval of a dealing shall be accompanied by 2 copies of:
(a) the application;
(b) the instrument referred to in paragraph (4)(a); and
(c) any instrument lodged for the purposes of paragraph (4)(b).
(5) Subject to subsection (6), the Designated Authority shall not approve a dealing unless the application for approval of the dealing is lodged with the Designated Authority within 3 months after the day on which the party who last executed the instrument evidencing the dealing so executed the instrument or such longer period as the Designated Authority, in special circumstances, allows.
(6) Where a dealing relating to a title was, immediately before the title came into existence, a dealing referred to in subsection 81A(1), the Designated Authority shall not approve the dealing unless:
(a) a provisional application for approval of the dealing was lodged in accordance with subsection 81A(1); or
(b) an application for approval of the dealing is lodged with the Designated Authority in accordance with this section within 3 months after the day on which the title came into existence or such longer period as the Designated Authority, in special circumstances, allows.
(7) Where a dealing to which this section applies forms a part of the issue of a series of debentures, all of the dealings constituting the issue of that series of debentures shall, for the purposes of this section, be taken to be one dealing.
(8) Where a dealing to which this section applies (including a dealing referred to in subsection (7)) creates a charge over some or all of the assets of a body corporate, the person lodging the application for approval of the dealing shall be deemed to have complied with paragraph (4)(a), and with subsection (4A) in so far as that subsection requires 2 copies of the document referred to in paragraph (4)(a) to accompany the application, if the person lodges with the application 3 copies of each document required to be lodged with the Australian Securities and Investments Commission relating to the creation of that charge under section 263 of the Corporations Act 2001.
(9) On receipt of an application made under this section, the Designated Authority shall enter a memorandum in the Register of the date on which the application was lodged and may make such other notation in the Register as the Designated Authority considers appropriate.
(10) The Designated Authority may approve or refuse to approve a dealing to which this section applies in so far as the dealing relates to a particular title.
(11) The Designated Authority shall, by notice in writing served on the person who made an application for approval of a dealing, inform the person of the decision of the Designated Authority.
(12) If the Designated Authority approves a dealing, the Designated Authority shall endorse on the original instrument evidencing the dealing and on one copy of that instrument or, if the original instrument was not lodged with the application, on 2 of the copies of that instrument a memorandum of approval and, on payment of the fee provided by the Registration Fees Act, make an entry of the approval of the dealing in the Register on the memorial relating to, or on the copy of, the title in respect of which the approval is sought.
(13) Where an entry is made in the Register in relation to a dealing in accordance with subsection (12):
(a) if the dealing was approved before the commencement of section 11 of the Petroleum (Submerged Lands) Legislation Amendment Act 1987 or the application for approval of the dealing was not accompanied by an instrument for the purpose of paragraph (4)(b), one copy of the instrument evidencing the dealing endorsed with a memorandum of approval shall be retained by the Designated Authority and made available for inspection in accordance with this Division;
(b) if the application for approval of the dealing was accompanied by an instrument for the purpose of paragraph (4)(b), a copy of that instrument endorsed with a copy of the memorandum of approval of the dealing shall be retained by the Designated Authority and made available for inspection in accordance with this Division but a copy of the instrument evidencing the dealing shall not be so made available; and
(c) the original instrument evidencing the dealing, or a copy of the original instrument, as the case requires, endorsed with a memorandum of approval and the instrument (if any) lodged for the purpose of paragraph (4)(b) shall be returned to the person who made the application for approval.
(13A) The approval of a dealing or the making of an entry in the Register in relation to a dealing is not rendered ineffective by any failure to comply, in relation to the application for approval of the dealing, with the requirements of this section.
(14) Where the Designated Authority refuses to approve a dealing, the Designated Authority shall make a notation of the refusal in the Register.
(15) In this section, charge and debenture have the same respective meanings as they have for the purposes of section 263 of the Corporations Act 2001.
81A Approval of dealings in future interests etc.
(1) Where 2 or more persons enter into a dealing relating to a title that may come into existence in the future and that dealing would, if the title came into existence, become a dealing to which section 81 applies, a person who is a party to the dealing may, during the prescribed period in relation to the title, lodge with the Designated Authority:
(a) in a case where the dealing relates to only one title that may come into existence in the future, a provisional application in writing for approval by the Designated Authority of the dealing; or
(b) in any other case, a separate provisional application in writing for approval by the Designated Authority of the dealing in relation to each title that may come into existence in the future and to which the dealing relates.
(2) Subsections 81(4), (7) and (8) apply to a provisional application lodged under subsection (1) of this section as if that provisional application were an application lodged under subsection 81(3).
(3) Where:
(a) the title to which a dealing referred to in subsection (1) relates comes into existence; and
(b) upon that title coming into existence, the dealing becomes a dealing to which section 81 applies;
the provisional application lodged under subsection (1) in relation to the dealing shall be treated as if it were an application lodged under subsection 81(3) on the day on which that title came into existence.
(4) A reference in subsection (1) to the prescribed period, in relation to a title, is a reference to the period:
(a) commencing:
(i) in the case of a permit, lease, licence, infrastructure licence or pipeline licence—on the day of service of an instrument informing the applicant for the permit, lease, licence, infrastructure licence or pipeline licence that the Joint Authority is prepared to grant the permit, lease, licence, infrastructure licence or pipeline licence; or
(ii) in the case of an access authority—on the day on which the application for the grant of the access authority is made; and
(b) ending on the day on which the title comes into existence.
82 True consideration to be shown
(1) A person who is a party to a transfer referred to in section 78, a dealing to which section 81 applies or a dealing referred to in subsection 81A(1) shall not lodge with the Designated Authority:
(a) an instrument of transfer;
(b) an instrument evidencing the dealing; or
(c) an instrument of the kind referred to in paragraph 81(4)(b);
that contains a statement relating to the consideration for the transfer or dealing, or to any other fact or circumstance affecting the amount of the fee payable in respect of the transfer or dealing under the Registration Fees Act, being a statement that is, to the knowledge of the person, false or misleading in a material particular.
Penalty: 100 penalty units.
(1A) For the purposes of an offence against paragraph (1)(c), strict liability applies to the physical element of the offence, that the instrument is an instrument of the kind referred to in paragraph 81(4)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) Where a person is convicted of an offence against subsection (1), the Designated Authority may make a fresh determination of the amount of the fee payable under the Registration Fees Act in respect of the memorandum relating to the transfer or dealing.
(3) Subsections 91(2) and (3) apply in relation to a determination under subsection (2) as they apply in relation to a determination under subsection 91(1).
83 Designated Authority not concerned with certain matters
The Joint Authority, the Designated Authority, and any person acting under the direction or authority of the Joint Authority or the Designated Authority, are not concerned with the effect in law of an instrument lodged in pursuance of this Division, nor does the approval of a transfer or dealing give to the transfer or dealing any force, effect or validity that the transfer or dealing would not have had if this Division had not been enacted.
84 Power of Designated Authority to acquire information as to dealings
(1) The Designated Authority may require the person lodging an application for approval of a transfer or dealing or a provisional application for approval of a dealing under this Division to furnish to him in writing such information concerning the transfer or dealing as the Designated Authority considers necessary or advisable.
(1A) The Designated Authority may require a person who is a party to a dealing approved under section 81 to furnish to the Designated Authority a statement in writing setting out such information concerning alterations in the interests or rights existing in relation to the title to which the approved dealing relates as the Designated Authority considers necessary or advisable.
(1B) The Designated Authority may require a person making an application under subsection 79(1) or (3) or 87A(2) to furnish to the Designated Authority in writing such information concerning the matter to which the application relates as the Designated Authority considers necessary or advisable.
(1C) A person shall not fail or refuse to comply with a requirement given to the person under subsection (1), (1A) or (1B).
(2) A person who is so required to furnish information must not furnish information knowing that it is false or misleading in a material particular.
Penalty: 50 penalty units.
85 Production and inspection of documents
(1) The Designated Authority may require any person to produce to the Designated Authority or make available for inspection by or on behalf of the Designated Authority any documents in the possession or under the control of that person and relating to a transfer or dealing in relation to which approval is sought under this Division.
(1A) The Designated Authority may require any person to produce to the Designated Authority or to make available for inspection by the Designated Authority any documents in the possession or under the control of that person and relating to an application made to the Designated Authority under subsection 79(1) or (3) or 87A(2).
(2) A person must not fail to comply with a requirement given to the person under subsection (1) or (1A).
Penalty: 50 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(4) A person must not refuse to comply with a requirement given to the person under subsection (1) or (1A).
Penalty: 50 penalty units.
86 Inspection of Register and documents
(1) A Register and all instruments or copies of instruments subject to inspection under this Division shall at all convenient times be open for inspection by any person upon payment of a fee calculated in accordance with the regulations.
87 Evidentiary provisions
(1) A Register shall be received by all courts as evidence of all matters required or authorized by this Division to be entered in the Register.
(2) The Designated Authority may, on payment of a fee calculated in accordance with the regulations, supply copies of or extracts from the Register or of or from any instrument lodged with him under this Division, certified by writing under his hand, and such a copy or extract so certified is admissible in evidence in all courts and proceedings without further proof or production of the original.
(3) The Designated Authority may, on payment of a fee calculated in accordance with the regulations, by instrument in writing under his hand, certify that an entry, matter or thing required or permitted by or under this Division to be made or done or not to be made or done has or has not, as the case may be, been made or done and such a certificate is evidence in all courts and proceedings of the statements contained in the certificate.
87A Designated Authority may make corrections to Register
(1) The Designated Authority may alter the Register for the purposes of correcting a clerical error or an obvious defect in the Register.
(2) Subject to subsection (3), the Designated Authority may, on application being made in writing to the Designated Authority by a person or of the Designated Authority’s own motion, make such entries in the Register as the Designated Authority considers appropriate for the purposes of ensuring that the Register accurately records the interests and rights existing in relation to a title.
(3) Where the Designated Authority proposes to make an entry in the Register in accordance with subsection (2), the Designated Authority shall cause to be published in the Gazette a notice:
(a) setting out the terms of the entry that the Designated Authority proposes to make in the Register; and
(b) inviting interested persons to give to the Designated Authority, by such day as is specified in the notice, being a day not earlier than 45 days after the publication of the notice, submissions in writing relating to the making of the entry.
(4) Where submissions are, in accordance with a notice under subsection (3), given to the Designated Authority in relation to the proposed making of an entry in the Register, the Designated Authority shall:
(a) take those submissions into account before making an entry in the Register; and
(b) after making an entry in the Register, cause to be published in the Gazette a notice setting out the terms of the entry.
88 Appeals
(1) The Supreme Court may, on the application of a person aggrieved by:
(a) the omission of an entry from a Register;
(b) an entry made in a Register without sufficient cause;
(c) an entry wrongly existing in a Register; or
(d) an error or defect in an entry in a Register;
make such order as it thinks fit directing the rectification of the Register.
(2) The Supreme Court may, in proceedings under this section, decide any question that it is necessary or expedient to decide in connexion with the rectification of the Register.
(3) Notice of an application under this section shall be given to the Designated Authority concerned, who may appear and be heard and shall appear if so directed by the Supreme Court.
(4) An office copy of an order made by the Supreme Court may be served on the Designated Authority, and the Designated Authority shall, upon receipt of the order, rectify the Register accordingly.
90 Offences
A person shall not:
(a) make, cause to be made or concur in making a false entry in a Register; or
(b) produce or tender in evidence a document falsely purporting to be a copy of or extract from an entry in a Register or of or from an instrument lodged with the Designated Authority under this Division.
Penalty: 50 penalty units.
91 Assessment of fee
(1) The Designated Authority may determine the amount of the fee payable under the Registration Fees Act in respect of any memorandum.
(2) A person dissatisfied with a determination of the Designated Authority under subsection (1) may appeal to the Supreme Court against the determination.
(3) Upon the hearing of the appeal, the Supreme Court may affirm, reverse or modify the determination of the Designated Authority.
92 The Supreme Court
In this Division, the Supreme Court, means, in relation to an application for the rectification of the Register kept by, or in relation to an appeal against a determination of, the Designated Authority in respect of the adjacent area, or a part of the adjacent area, in respect of a State or Territory, the Supreme Court of, or having jurisdiction in, that State or Territory.
Division 6—General
94 Notice of grants of permits etc. to be published
The Designated Authority shall cause notice of, and such particulars as he thinks fit of:
(a) the grant of a permit, lease, licence, infrastructure licence or pipeline licence; and
(aa) the renewal of a permit, lease or licence; and
(b) the variation of a licence, infrastructure licence or pipeline licence; and
(c) the surrender or cancellation of a permit, lease or licence as to all or some of the blocks in the permit area, lease area or licence area; and
(ca) the surrender or cancellation of an infrastructure licence; and
(d) the determination of a permit or lease as to a block or blocks; and
(e) an application for a pipeline licence or for a variation of a pipeline licence; and
(f) the surrender or cancellation of a pipeline licence as to the whole or part of the pipeline; and
(g) the expiry of a permit, lease or licence, or the termination of a licence, infrastructure licence or pipeline licence, to be published in the Gazette.
95 Date of the effect of surrender etc. of permits etc.
(2) The surrender or cancellation of a permit, lease or licence as to all or some of the blocks in the permit area, lease area or licence area has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette.
(2A) The surrender or cancellation of an infrastructure licence has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette.
(3) The surrender or cancellation of a pipeline licence as to the whole or a part of the pipeline has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette.
(4) A variation of a licence, infrastructure licence or or pipeline licence has effect on and from the day on which notice of the variation is published in the Gazette.
96 Commencement of works
(1AA) This section does not apply to permits granted under section 22 or such permits renewed under section 32.
(1) Where a permit, lease, licence, infrastructure licence or pipeline licence is granted subject to a condition that works or operations specified in the permit, lease, licence, infrastructure licence or pipeline licence are to be carried out, the permittee, lessee, licensee, infrastructure licensee or pipeline licensee, as the case may be, shall commence to carry out those works or operations within a period of 6 months after the day on which the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, comes into force.
(2) The Designated Authority may, for reasons that he thinks sufficient, by instrument in writing served on a permittee, lessee, licensee, infrastructure licensee or pipeline licensee:
(a) exempt him from compliance with the requirements of subsection (1); and
(b) direct him to commence to carry out the works or operations specified in the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, within such period after the day on which the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, comes into force as is specified in the instrument.
(3) A person to whom a direction is given under subsection (2) shall comply with the direction.
Penalty: 100 penalty units.
97 Work practices
(1) A permittee, lessee or licensee shall carry out all petroleum exploration operations and operations for the recovery of petroleum in the permit area, lease area or licence area in a proper and workmanlike manner and in accordance with good oil‑field practice.
(2) In particular, and without limiting the generality of subsection (1) but subject to any authorization or requirement given or made by or under this Act or regulations or directions under this Act, a permittee, lessee or licensee shall:
(a) control the flow and prevent the waste or escape in the permit area, lease area or licence area of petroleum or water;
(b) prevent the escape in the permit area, lease area or licence area of any mixture of water or drilling fluid with petroleum or any other matter;
(c) prevent damage to petroleum‑bearing strata in an area, whether in the adjacent area or not, in respect of which the permit, lease or licence is not in force;
(d) keep separate:
(i) each petroleum pool discovered in the permit area, lease area or licence area; and
(ii) such of the sources of water, if any, discovered in that area as the Designated Authority, by instrument in writing served on that person, directs; and
(e) prevent water or any other matter entering any petroleum pool through wells in the permit area, lease area or licence area except when required by, and in accordance with, good oil‑field practice.
(2A) An infrastructure licensee must carry out operations authorised by the infrastructure licence in a safe manner and in accordance with good oil‑field, processing and transport practices.
(2B) In particular and without limiting the generality of subsection (2A), but subject to any authorisation given, or requirement made, under this Act or the regulations or under any direction given under this Act, an infrastructure licensee must control the flow, and prevent the waste or escape, from a facility constructed under the infrastructure licence of water, petroleum or any product derived by processing petroleum.
(3) A pipeline licensee shall operate the pipeline in a proper and workmanlike manner.
(4) In particular and without limiting the generality of subsection (3), a pipeline licensee shall prevent the waste or escape of petroleum or water from the pipeline or from any secondary line, pumping station, tank station, valve station or water line.
(5) A person who is the holder of a special prospecting authority or an access authority shall carry out all petroleum exploration operations in the area in respect of which the special prospecting authority or access authority is in force in a proper and workmanlike manner and in accordance with good oil‑field practice.
(6) It is a defence if a person charged with failing to comply with a provision of this section, or a defendant in an action arising out of a failure by the defendant to comply with a provision of this section, proves that he took all reasonable steps to comply with that provision.
Note: The defendant bears a legal burden in relation to the matter in subsection (6), see section 13.4 of the Criminal Code.
Penalty: 100 penalty units.
97A Conditions relating to insurance
(1) The holder of a permit, lease, licence, infrastructure licence or pipeline licence must maintain, as directed by the Designated Authority from time to time, insurance against expenses or liabilities or specified things arising in connection with, or as a result of, the carrying out of work, or the doing of any other thing, under the permit, lease, licence, infrastructure licence or pipeline licence, including expenses of complying with directions with respect to the clean‑up or other remedying of the effects of the escape of petroleum.
(2) The conditions subject to which a special prospecting authority or access authority is granted may include a condition that the holder maintain, as directed by the Designated Authority from time to time, insurance against expenses or liabilities or specified things arising in connection with, or as a result of, the carrying out of work, or the doing of any other thing, under the authority, including expenses of complying with directions with respect to the clean‑up or other remedying of the effects of the escape of petroleum.
(3) Where:
(a) a permit, lease, licence, infrastructure licence or pipeline licence was in force immediately before the commencement; and
(b) the Designated Authority has required the holder to maintain insurance under subsection (1); and
(c) the Designated Authority is satisfied that the required insurance is in effect;
the Designated Authority must issue a certificate that it is so satisfied.
(4) Where the Designated Authority issues a certificate under subsection (3), any security in force in relation to the permit, lease, licence, infrastructure licence or pipeline licence, being a security that was required under this Act before the commencement of this section, is discharged.
(5) The discharge of a security under subsection (4) has no effect on any liability arising under or in relation to the security before its discharge.
98 Maintenance etc. of property
(1) In this section:
operator means a permittee, lessee, licensee, infrastructure licensee, pipeline licensee or holder of a special prospecting authority or access authority.
the operations area:
(a) in relation to an operator who is a permittee, lessee or licensee—means the permit area, lease area or licence area, as the case may be; and
(aa) in relation to an operator who is an infrastructure licensee—means the infrastructure licence area; and
(b) in relation to an operator who is a pipeline licensee—means the part of the adjacent area in which the pipeline is constructed; and
(c) in relation to an operator who is the holder of a special prospecting authority or access authority—means the area in respect of which that authority is in force.
(2) An operator shall maintain in good condition and repair all structures, equipment and other property in the operations area and used in connexion with the operations in which he is engaged.
(3) An operator shall remove from the operations area all structures, equipment and other property that are not either used or to be used in connexion with the operations in which he is engaged.
(3A) The offences against subsections (2) and (3) are offences of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(4) Subsections (2) and (3) do not apply in relation to any structure, equipment or other property that was not brought into the operations area by or with the authority of the operator.
Penalty: 100 penalty units.
99 Sections 97 and 98 to have effect subject to this Act etc.
Sections 97 and 98 have effect subject to:
(a) any other provision of this Act;
(b) the regulations;
(c) a direction under section 101; and
(d) any other law.
101 Directions
(1) A Designated Authority in respect of an adjacent area, or a part of an adjacent area, may, by instrument in writing served on the registered holder of a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority, give to the registered holder a direction as to any matter with respect to which regulations may be made.
(2) A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to:
(a) a specified class of persons, being a class constituted by or included in one or both of the following classes of persons:
(i) servants or agents of, or persons acting on behalf of, the registered holder;
(ii) persons performing work or services, whether directly or indirectly, for the registered holder; or
(b) any person (not being a person to whom the direction applies otherwise than in accordance with this paragraph) who is in the adjacent area, or the part of the adjacent area, for any reason touching, concerning, arising out of or connected with the exploration of the sea‑bed or subsoil of the adjacent area, or the part of the adjacent area, for petroleum or the exploitation of the natural resources, being petroleum, of that sea‑bed or subsoil or is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area, or the part of the adjacent area, for a reason of that kind;
and where a direction so expressed is given, the direction shall be deemed to apply to each person included in that specified class or to each person who is in the adjacent area, or the part of the adjacent area, as mentioned in paragraph (b), as the case may be.
(2A) Where a direction under this section applies to a registered holder and to a person referred to in paragraph (2)(a), the registered holder shall cause a copy of the instrument by which the direction was given to be given to that other person or to be exhibited at a prominent position at a place in an adjacent area frequented by that other person.
Penalty: 50 penalty units.
(2B) Where a direction under this section applies to a registered holder and to a person referred to in paragraph (2)(b), the registered holder shall cause a copy of the instrument by which the direction was given to be exhibited at a prominent position at a place in an adjacent area.
Penalty: 50 penalty units.
(2C) Where a direction under this section applies to a registered holder and to a person referred to in paragraph (2)(b), the Designated Authority in respect of an adjacent area, or a part of an adjacent area, may, by notice in writing given to the registered holder, require the registered holder to cause to be displayed at such places in the adjacent area, or the part of an adjacent area, and in such manner, as are specified in the notice, copies of the instrument by which the direction was given, and the registered holder shall comply with that requirement.
Penalty: 50 penalty units.
(3) The Designated Authority shall not give a direction under subsection (1) of a standing or permanent nature except with the approval of the Joint Authority, but the validity of a direction of the Designated Authority shall not be called in question by reason of this subsection.
(4) A direction under this section has effect and shall be complied with notwithstanding any previous direction under this section.
(5) A direction under this section has effect and shall be complied with notwithstanding anything in the regulations or the applied provisions.
(6) Subsections 157(2A) and (2B) apply in relation to directions made under this section in like manner as those subsections apply to the regulations.
(7) A person who fails to comply with a direction in force under subsection (1) that applies to the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $10,000.
(7A) An offence against subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(8) Where:
(a) a direction given under this section applies to a registered holder and another person and that other person is prosecuted for an offence against subsection (7) in relation to the direction; and
(b) the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the person shall not be convicted of the offence unless the prosecutor proves that the person knew, or could reasonably be expected to have known, of the existence of the direction.
Note: The defendant bears an evidential burden in relation to the matter in paragraph (8)(b), see subsection 13.3(3) of the Criminal Code.
102 Compliance with directions
(1) Where a person does not comply with a direction given or applicable to the person under this Part or under the regulations, the Designated Authority may do all or any of the things required by the direction to be done.
(1A) Where the direction was given by a Joint Authority comprised of 2 members, the Designated Authority shall not take action under subsection (1) except with the approval of the Joint Authority.
(2) Costs and expenses incurred by the Designated Authority under subsection (1) in relation to a direction are a debt due by the person to whom the direction was given or was applicable to the Commonwealth and are recoverable in a court of competent jurisdiction.
(2A) Where:
(a) a direction given under section 101 applies to a permittee, lessee, licensee, infrastructure licensee, pipeline licensee or the holder of a special prospecting authority or access authority and another person and an action under subsection (2) relating to the direction is brought against that other person; and
(b) the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the person is not liable under subsection (2) unless the plaintiff proves that the person knew, or could reasonably be expected to have known, of the existence of the direction.
(3) It is a defence if a person charged with failing to comply with a direction given or applicable to the person under this Part or under the regulations or a defendant in an action under subsection (2) proves that he took all reasonable steps to comply with the direction.
103 Exemption
(1) Where:
(a) a permit, lease or licence is, under this Part, to be taken to continue in force until the Joint Authority grants, or refuses to grant, the renewal of the permit, lease or licence;
(b) a licence is varied under section 45;
(c) a licensee enters into an agreement under section 59, or a direction is given to a licensee under that section;
(d) a permit, lease or licence is partly cancelled, partly determined or surrendered as to one or more but not all of the blocks in respect of which it is in force;
(e) a pipeline licence is varied under section 71 or 72;
(f) a direction is given to a pipeline licensee under section 73;
(g) a pipeline licence is partly cancelled;
(h) a permittee, lessee or licensee consents to the making of a determination under section 149;
(j) a permittee, lessee, licensee, infrastructure licensee or pipeline licensee applies, by written instrument served on the Designated Authority:
(i) for a variation or suspension of; or
(ii) for exemption from compliance with;
any of the conditions to which the permit, lease, licence, infrastructure licence or pipeline licence is subject; or
(k) the Designated Authority or Joint Authority, under this Part or the regulations, gives a direction or consent to a permittee, lessee, licensee, infrastructure licensee or pipeline licensee;
the Joint Authority may, at any time, by written instrument served on the permittee, lessee, licensee, infrastructure licensee or pipeline licensee:
(m) vary or suspend; or
(n) exempt the permittee, lessee, licensee, infrastructure licensee or pipeline licensee from compliance with;
any of the conditions to which the permit, lease, licence, infrastructure licence or pipeline licence is subject, upon such conditions, if any, as the Joint Authority determines and specifies in the instrument.
(1A) Where:
(a) an access authority is granted in respect of a block the subject of a permit, lease or licence, or an access authority as in force in respect of such a block is varied;
(b) the holder of a special prospecting authority or access authority applies, by written instrument served on the Designated Authority:
(i) for a variation or suspension of; or
(ii) for exemption from compliance with;
any of the conditions to which the special prospecting authority or access authority is subject; or
(c) the Designated Authority, under this Part or the regulations, gives a direction or consent to the holder of a special prospecting authority or access authority;
the Designated Authority may, at any time, by written instrument served on the holder of the special prospecting authority or access authority:
(d) vary or suspend; or
(e) exempt the holder of the special prospecting authority or access authority from compliance with;
any of the conditions to which the special prospecting authority or access authority is subject, upon such conditions, if any, as the Designated Authority determines and specifies in the instrument.
(2) Subsection (1) does not authorize the making of an instrument to the extent that it would affect:
(a) a condition of a permit, lease or licence included in the permit, lease or licence in compliance with the Royalty Act; or
(b) the term of a permit, lease, licence, infrastructure licence or pipeline licence.
(3) Where, in pursuance of subsection (1), the Joint Authority suspends, or exempts the permittee or lessee from compliance with, any of the conditions to which a permit or lease is subject, the Joint Authority may, if it considers the circumstances make it reasonable to do so, in the instrument of suspension or exemption or by a later instrument in writing served on the permittee or lessee, extend the term of the permit or lease by a period not exceeding the period of the suspension or exemption.
103A Suspension of rights conferred by permit or lease
(1) Where the Joint Authority is satisfied that it is necessary to do so in the national interest, it shall, by instrument in writing served on the permittee or lessee, suspend, either for a specified period or indefinitely, all or any of the rights conferred by the permit or lease.
(2) Where any rights are suspended in accordance with subsection (1), any conditions required to be complied with in the exercise of those rights are also suspended.
(3) The Joint Authority may, by instrument in writing served on the permittee or lessee, terminate a suspension of rights under subsection (1).
(4) Where rights conferred by a permit or lease are suspended in accordance with subsection (1), the Joint Authority may, by the instrument of suspension or by a later instrument in writing served on the permittee or lessee, extend the term of the permit or lease by a period not exceeding the period of the suspension.
(5) If an instrument under this section results in the acquisition of property from a person, being an acquisition of property within the meaning of paragraph 51(xxxi) of the Constitution, the Commonwealth is liable to pay to that person such compensation as is determined by agreement between the Commonwealth and that person or, in the absence of agreement, by action brought by that person against the Commonwealth in the High Court or the Supreme Court of, or having jurisdiction in, the State or Territory in relation to which the Joint Authority concerned is established.
(6) For the purposes of subsection (5):
(a) the Commonwealth‑Northern Territory Off‑shore Petroleum Joint Authority; and
(b) the Greater Sunrise Off‑shore Petroleum Joint Authority;
are taken to have been established in relation to the Northern Territory.
104 Surrender of permits etc.
(1) The registered holder of an instrument, being a permit, lease, licence, infrastructure licence or pipeline licence, may by application in writing served on the Designated Authority, apply for consent to surrender the instrument:
(a) in the case of a permit or licence—as to all or some of the blocks in respect of which it is in force; or
(aaa) in the case of an infrastructure licence—as to the infrastructure licence area; or
(aa) in the case of a lease—as to all of the blocks in respect of which it is in force; or
(b) in the case of a pipeline licence—as to the whole or a part of the pipeline in respect of which it is in force.
(2) Subject to subsection (3), the Designated Authority shall not give his consent to a surrender of an instrument under subsection (1) unless the registered holder:
(a) has paid all fees and amounts payable by him under this Act, or under any Act with which this Act is incorporated, or has made arrangements that are satisfactory to the Designated Authority for the payment of those fees and amounts;
(b) has complied with the conditions to which the instrument is subject and with the provisions of this Part and of the regulations;
(c) has, to the satisfaction of the Designated Authority, removed or caused to be removed from the area to which the surrender relates all property brought into that area by any person engaged or concerned in the operations authorized by the instrument, or has made arrangements that are satisfactory to the Designated Authority with respect to that property;
(d) has, to the satisfaction of the Designated Authority, plugged or closed off all wells made in that area by any person engaged or concerned in the operations authorized by the instrument;
(e) subject to this Part and to the regulations, has made provision, to the satisfaction of the Designated Authority, for the conservation and protection of the natural resources in that area; and
(f) has, to the satisfaction of the Designated Authority, made good any damage to the sea‑bed or subsoil in that area caused by any person engaged or concerned in the operations authorized by the instrument;
but, if the registered holder has complied with those requirements, the Designated Authority shall not unreasonably refuse consent to the surrender.
(3) Where the registered holder of an instrument, being a permit, lease, licence, infrastructure licence or pipeline licence, has not complied with the conditions to which the instrument is subject and with the provisions of this Part and of the regulations, the Designated Authority may give his consent to a surrender of the instrument under subsection (1) if he is satisfied that, although the registered holder has not so complied, special circumstances exist that justify the giving of consent to the surrender.
(3A) If:
(a) an application for consent to surrender an instrument relates to a permit granted under section 22 or such a permit renewed under section 32; and
(b) a condition of the permit requires the registered holder to carry out specified work during a period specified in the permit; and
(c) the application is made during such a period;
the registered holder of the permit has not complied with the condition, for the purposes of this section, unless the registered holder has completed the work specified for the period during which the application was made.
Note: Example: A permit granted under section 22 has a six year term and is subject to:
(a) a condition that requires the registered holder, during each year of the term of the permit, to carry out the work specified in the permit for the year concerned; and
(b) a condition that requires the registered holder to carry out the work specified for the first 3 years of the term of the permit before the end of the third year.
Note: If the registered holder of the permit applies for consent to surrender the permit during the second year of the term of the permit and the holder has completed the specified work for the first and second years of the permit, but has not completed the work specified for the third year, the holder has not complied with the condition mentioned in paragraph (b).
Note: If the registered holder of the permit applies for consent to surrender the permit during the fourth year of the term of the permit and the registered holder has not completed the work specified for the fourth year, the holder has not complied with the condition mentioned in paragraph (a).
(4) Where the Designated Authority consents to an application under subsection (1), the applicant may, by instrument in writing served on the Designated Authority, surrender the instrument accordingly.
(5) In this section, the area to which the surrender relates means:
(a) in relation to a surrender of a permit, lease or licence—the area constituted by the blocks as to which the permit, lease or licence is proposed to be surrendered; and
(aa) in relation to a surrender of an infrastructure licence—the infrastructure licence area; and
(b) in relation to a surrender of a pipeline licence—the part of the adjacent area in which the pipeline, or the part of the pipeline, as to which the pipeline licence is proposed to be surrendered is constructed.
105 Cancellation of permits etc.
(1) Where a permittee, lessee, licensee, infrastructure licensee or pipeline licensee:
(a) has not complied with a condition to which the permit, lease, licence, infrastructure licence or pipeline licence is subject;
(b) has not complied with a direction given to him under this Part by the Designated Authority or the Joint Authority;
(c) has not complied with a provision of this Part or of the regulations; or
(d) has not paid any amount payable by him under this Act, or under any Act with which this Act is incorporated, within a period of 3 months after the day on which the amount became payable;
the Joint Authority may, on that ground, by instrument in writing served on the permittee, lessee, licensee, infrastructure licensee or pipeline licensee, as the case may be:
(e) in the case of a permit or licence—cancel the permit or licence as to all or some of the blocks in respect of which it is in force; or
(eaa) in the case of an infrastructure licence—cancel the infrastructure licence; or
(ea) in the case of a lease—cancel the lease as to all of the blocks in respect of which it is in force; or
(f) in the case of a pipeline licence—cancel the pipeline licence as to the whole or a part of the pipeline in respect of which it is in force.
(2) The Joint Authority shall not, under subsection (1), cancel a permit, licence or pipeline licence as to all or some of the blocks, or as to the whole or a part of the pipeline, in respect of which it is in force, cancel an infrastructure licence, or cancel a lease as to all of the blocks in respect of which it is in force, on a ground referred to in that subsection unless:
(a) it has, by instrument in writing served on the permittee, lessee, licensee, infrastructure licensee or pipeline licensee, as the case may be, given not less than one month’s notice of its intention so to cancel the permit, lease, licence or pipeline licence on that ground;
(b) it has served a copy of the instrument on such other persons, if any, as it thinks fit;
(c) it has, in the instrument, specified a date on or before which the permittee, lessee, licensee, infrastructure licensee or pipeline licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Designated Authority, submit any matters that he wishes to be considered; and
(d) it has taken into account:
(i) any action taken by the permittee, lessee, licensee, infrastructure licensee or pipeline licensee, as the case may be, to remove that ground or to prevent the recurrence of similar grounds; and
(ii) any matters so submitted on or before the specified date by the permittee, lessee, licensee, infrastructure licensee or pipeline licensee or by a person on whom a copy of the first‑mentioned instrument has been served.
106 Cancellation of permit etc. not affected by other provisions
(1) A permit, licence or pipeline licence may be wholly cancelled or partly cancelled, a lease may be wholly cancelled, and an infrastructure licence may be cancelled, on the ground that the registered holder of the permit, licence, pipeline licence, lease or infrastructure licence has not complied with a provision of this Part or of the regulations even though the holder has been convicted of an offence by reason of the holder’s failure to comply with the provision.
(2) A person who was the registered holder of a permit, lease, licence or pipeline licence that has been wholly cancelled, is the registered holder of a permit, licence or pipeline licence that has been partly cancelled, or was the registered holder of an infrastructure licence that has been cancelled, on the ground that the person has not complied with a provision of this Part or of the regulations may be convicted of an offence because of the person’s failure to comply with the provision, even though the permit, lease, licence, pipeline licence or infrastructure licence has been so cancelled.
(3) A permit, licence or pipeline licence may be wholly cancelled or partly cancelled, a lease may be wholly cancelled, and an infrastructure licence may be cancelled, on the ground that the registered holder of the permit, licence, pipeline licence, lease or infrastructure licence has not paid an amount payable by the holder under this Act, or under an Act with which this Act is incorporated, within 3 months after the day on which the amount became payable, even though judgment for the amount has been obtained or the amount, or any part of the amount, has been paid or recovered.
(4) A person who was the registered holder of a permit, lease, licence or pipeline licence that has been wholly cancelled, is the registered holder of a permit, licence or pipeline licence that has been partly cancelled, or was the registered holder of an infrastructure licence that has been cancelled, on the ground that the person has not paid an amount payable by the person under this Act, or under an Act with which this Act is incorporated, within 3 months after the day on which the amount became payable continues to be liable to pay that amount, together with any additional amount payable because of late payment of that amount, even though the permit, lease, licence, pipeline licence or infrastructure licence has been so cancelled.
107 Removal of property etc. by permittee etc.
(1) If:
(a) a permit has been wholly or partly determined or wholly or partly cancelled, or has expired; or
(b) a lease has been wholly or partly determined or wholly cancelled, or has expired; or
(c) a licence has been wholly or partly determined or wholly or partly cancelled, has been terminated or has expired; or
(d) an infrastructure licence has been cancelled or has been terminated; or
(e) a pipeline licence has been wholly or partly determined or wholly or partly cancelled, or has been terminated;
the Designated Authority may, by written notice served on the person who was, or is, as the case may be, the permittee, licensee, lessee, infrastructure licensee or pipeline licensee, direct the person to do any one or more of the following:
(f) to remove or cause to be removed from the relinquished area all property brought into the area by any person engaged or concerned in the operations authorised by the permit, lease, licence, infrastructure licence or pipeline licence or to make arrangements that are satisfactory to the Designated Authority with respect to the property;
(g) to plug or close off, to the satisfaction of the Designated Authority, all wells made in that area by any person engaged or concerned in those operations;
(h) subject to this Part and to the regulations, to make provision, to the satisfaction of the Designated Authority, for the conservation and protection of the natural resources in that area;
(i) to make good, to the satisfaction of the Designated Authority, any damage to the sea‑bed or subsoil in that area caused by any person engaged or concerned in those operations.
(2) The Designated Authority, in respect of an adjacent area, or a part of an adjacent area, may, by written notice served on a person who holds a permit, lease, licence, infrastructure licence, or pipeline licence, in respect of one or more blocks in that adjacent area, or that part of an adjacent area, direct the person to do any one or more of the following:
(a) to remove or cause to be removed from the permit area, lease area, licence area, infrastructure licence area or area in the adjacent area in which the pipeline is constructed, as the case may be, all property brought into the area by any person engaged or concerned in the operations authorised by the permit, lease, licence, infrastructure licence or pipeline licence or to make arrangements that are satisfactory to the Designated Authority with respect to the property;
(b) to plug or close off, to the satisfaction of the Designated Authority, all wells made in that area by any person engaged or concerned in those operations;
(c) subject to this Part and to the regulations, to make provision, to the satisfaction of the Designated Authority, for the conservation and protection of the natural resources in that area; and
(d) to make good, to the satisfaction of the Designated Authority, any damage to the sea‑bed or subsoil in that area caused by any person engaged or concerned in those operations.
(3) A person to whom a direction is given under subsection (1) or (2) shall comply with the direction:
(a) in the case of a direction given under subsection (1)—within the period specified in the instrument by which the direction was given; or
(b) in the case of a direction given under subsection (2) in respect of:
(i) a permit; or
(ii) a lease; or
(iii) a licence granted before the commencement of subsection 53(2) that has not been renewed more than once;
on or before the date of expiration of the permit, lease or licence; or
(c) in the case of a direction given under subsection (2) in respect of:
(i) a licence (other than a licence to which paragraph (b) applies); or
(ii) an infrastructure licence; or
(iii) a pipeline licence;
on or before the first date on which the licence, infrastructure licence or pipeline licence can be terminated under this Part.
Penalty: 100 penalty units.
108 Removal of property etc. by Designated Authority
(1) This section applies if:
(a) a permit has been wholly or partly determined or wholly or partly cancelled, or has expired; or
(b) a lease has been wholly or partly determined or wholly cancelled, or has expired; or
(c) a licence has been wholly or partly determined or wholly or partly cancelled, has been terminated or has expired; or
(d) an infrastructure licence has been cancelled or has been terminated; or
(e) a pipeline licence has been wholly or partly determined or wholly or partly cancelled, or has been terminated.
(2) If a direction under section 107 has not been complied with, or an arrangement under that section has not been carried out, in relation to the relinquished area:
(a) the Designated Authority may do all or any of the things required by the direction or arrangement to be done; and
(b) if any property brought into that area by any person engaged or concerned in the operations authorized by the permit, pipeline licence, licence, lease or infrastructure licence has not been removed in accordance with the direction or arrangement, the Designated Authority may, by instrument published in the Gazette, direct that the owner or owners of that property shall remove it from that area, or dispose of it to the satisfaction of the Designated Authority, within the period specified in the instrument and shall serve a copy of the instrument on each person whom he believes to be an owner of that property or any part of that property.
111 Special prospecting authorities
(1) A person may make an application to the Designated Authority for the grant of a special prospecting authority in respect of a block or blocks in respect of which a permit, lease or licence is not in force.
(2) An application under this section:
(b) shall be made in an approved manner;
(c) shall specify the operations that the applicant proposes to carry on and the block or blocks in respect of which the applicant proposes to carry on those operations; and
(d) shall be accompanied by the prescribed fee.
(3) The Designated Authority:
(a) may grant to the applicant a special prospecting authority subject to such conditions as the Designated Authority thinks fit and specifies in the authority; or
(b) may refuse to grant the application.
(4) A special prospecting authority, while it remains in force, authorizes the holder, subject to this Act and the regulations and in accordance with the conditions to which the special prospecting authority is subject, to carry on in the blocks specified in the special prospecting authority the petroleum exploration operations so specified.
(5) Nothing in a special prospecting authority authorizes the holder to make a well.
(6) A special prospecting authority comes into force on the day specified for the purpose in the authority and, unless surrendered or cancelled, remains in force for such period, not exceeding 6 months, as is so specified.
(6A) A special prospecting authority is not capable of being transferred.
(6B) Where:
(a) a person holds a special prospecting authority in respect of a block; and
(b) another special prospecting authority is granted to another person in respect of the block;
the Designated Authority shall, by notice in writing served on each of those persons, inform each of them of:
(c) the petroleum exploration operations authorized by the special prospecting authority granted to the other person; and
(d) the conditions to which the special prospecting authority granted to the other person is subject.
(7) A special prospecting authority:
(a) may be surrendered by the holder at any time by instrument in writing served on the Designated Authority; and
(b) may, if the holder has not complied with a condition to which the authority is subject, be cancelled by the Designated Authority by instrument in writing served on the holder.
(8) Where a special prospecting authority has been surrendered or cancelled or has expired, the Designated Authority may, by instrument in writing served on the person who was the holder of the special prospecting authority, direct that person to do any one or more of the following things:
(a) to remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorized by the special prospecting authority or to make arrangements that are satisfactory to the Designated Authority with respect to that property;
(b) subject to this Part and to the regulations, to make provision, to the satisfaction of the Designated Authority, for the conservation and protection of the natural resources in that area; and
(c) to make good, to the satisfaction of the Designated Authority, any damage to the sea‑bed or subsoil in that area caused by any person engaged or concerned in those operations.
(9) A person to whom a direction is given under subsection (8) shall comply with the direction.
Penalty: 100 penalty units.
(10) Section 108 applies to and in relation to a special prospecting authority as if:
(a) a reference in that section to a permit were a reference to a special prospecting authority; and
(b) a reference in that section to a direction or an arrangement under section 107 were a reference to a direction or an arrangement under subsection (8).
112 Access authorities
(1) A permittee, lessee or licensee may make an application to the Designated Authority in respect of the adjacent area, or the part of the adjacent area, in which the blocks that the permit, lease or licence relates to are located, for the grant of an access authority to enable him to carry on, in an area, being part of that adjacent area, or that part of an adjacent area, that is not part of the permit area, lease area or licence area, petroleum exploration operations or operations related to the recovery of petroleum in or from the permit area, lease area or licence area.
(1A) A holder of a State title may make an application to the Designated Authority for the grant of an access authority to enable the holder to carry on, in a part of the adjacent area, petroleum exploration operations or operations related to the recovery of petroleum in or from the area to which that State title relates.
(1B) The holder of a special prospecting authority may make an application to the Designated Authority for the grant of an access authority to enable the applicant to carry on petroleum exploration operations in an area, being part of the adjacent area not included in any block that is the subject of the special prospecting authority.
(1C) The holder of a permit, lease, licence or special prospecting authority in respect of a block or blocks within an adjacent area, or a part of an adjacent area, may make an application to the Designated Authority for that adjacent area, or that part of an adjacent area, for the grant of an access authority to enable the applicant to carry on, in a block or blocks in an adjacent area, or a part of an adjacent area, adjoining the first‑mentioned adjacent area, or part of an adjacent area:
(a) petroleum exploration operations; or
(b) where the applicant is the holder of a permit, lease or licence, operations related to the recovery of petroleum in or from any block that is the subject of the permit, lease or licence.
(2) An application under this section:
(b) shall be made in an approved manner;
(c) shall specify the operations that the applicant proposes to carry on and the area in which the applicant proposes to carry on those operations; and
(d) may set out any other matters that the applicant wishes the Designated Authority to consider.
(3) The Designated Authority may:
(a) if he is satisfied that it is necessary or desirable to do so for the more effective exercise of the rights, or for the proper performance of the duties, of a permittee, lessee, licensee, holder of a special prospecting authority or holder of a State title who has made an application under this section, grant to him an access authority subject to such conditions as the Designated Authority thinks fit and specifies in the access authority; and
(b) at any time, by instrument in writing served on the registered holder or an access authority so granted, vary the access authority.
(4) Subject to subsection (4AA), the Designated Authority, in respect of an adjacent area, or a part of an adjacent area, shall not grant an access authority on an application under a provision of this section other than subsection (1C) in respect of a block in that adjacent area, or that part of an adjacent area, that is the subject of a permit, lease, licence or special prospecting authority of which the registered holder is a person other than the applicant, or vary such an access authority as in force in respect of a block in that adjacent area, or that part of an adjacent area, that is the subject of a permit, lease licence or special prospecting authority of which the registered holder is a person other than the registered holder of the access authority, unless:
(a) he has, by instrument in writing served on that person, given not less than one month’s notice of his intention to grant, or vary, as the case may be, the access authority;
(b) he has served a copy of the instrument:
(i) on such other persons, if any, as he thinks fit; and
(ii) in a case where he intends to vary an access authority—on the registered holder of the access authority;
(c) he has, in the instrument:
(i) given particulars of the access authority proposed to be granted, or of the variation proposed to be made, as the case may be; and
(ii) specified a date on or before which a person on whom the instrument, or a copy of the instrument, is served may, by instrument in writing served on the Designated Authority, submit any matters that he wishes the Designated Authority to consider; and
(d) he has taken into account any matters so submitted to him on or before the specified date by a person on whom the first‑mentioned instrument, or a copy of that instrument, has been served.
(4AA) Subsection (4) does not apply if the holder of the permit, lease, licence or special prospecting authority has consented in writing to the grant of the access authority.
(4A) The Designated Authority shall not grant or vary an access authority on an application under subsection (1C) without the approval of the Designated Authority for the adjacent area, or the part of an adjacent area, within which the block or blocks to be specified in the access authority are situated.
(4B) Where:
(a) an application under subsection (1C) for the grant of an access authority is in respect of the block that is the subject of a permit, lease, licence or special prospecting authority of which the registered holder is a person other than the applicant; or
(b) a proposal to vary an access authority granted on an application under that subsection is in respect of a block that is the subject of a permit, lease, licence or special prospecting authority of which the registered holder is a person other than the registered holder of the access authority;
the Designated Authority for the adjacent area, or the part of an adjacent area, within which the block is situated shall not approve the grant or the variation unless:
(c) the Designated Authority has, by instrument in writing served on that person, given not less than one month’s notice of the intention to grant, or vary, as the case may be, the access authority;
(d) a copy of the instrument has been served:
(i) on such other persons, if any, as the Designated Authority thinks fit; and
(ii) where it is proposed to vary an access authority—on the registered holder of the access authority;
(e) the instrument gives:
(i) particulars of the access authority that it is proposed to grant or vary, as the case may be; and
(ii) notice that a person on whom the instrument, or a copy of the instrument, has been served may, by instrument in writing served on the Designated Authority on or before the date specified in the instrument, submit any matters that the person wishes the Designated Authority to consider; and
(f) the Designated Authority has taken into account any matters submitted in accordance with the notice referred to in subparagraph (e)(ii).
(5) An access authority, while it remains in force, authorizes the holder, subject to this Act and the regulations and in accordance with the conditions to which the access authority is subject, to carry on, in the area specified in the access authority, the operations so specified.
(6) Nothing in an access authority authorizes the holder to make a well.
(7) An access authority comes into force on the day specified for the purpose in the access authority and, unless surrendered or cancelled, remains in force for such period as is so specified but may be extended by the Designated Authority for a further specified period.
(8) An access authority:
(a) may be surrendered by the holder at any time by instrument in writing served on the Designated Authority; and
(b) may be cancelled by the Designated Authority at any time by instrument in writing served on the holder and on any person in whose permit area, lease area or licence area operations may be carried on in pursuance of the access authority.
(9) Where an access authority has been surrendered or cancelled or has expired, the Designated Authority may, by instrument in writing served on the person who was the holder of the access authority, direct that person to do any one or more of the following things:
(a) to remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorized by the access authority or to make arrangements that are satisfactory to the Designated Authority with respect to that property;
(b) subject to this Part and to the regulations, to make provision, to the satisfaction of the Designated Authority, for the conservation and protection of the natural resources in that area; and
(c) to make good, to the satisfaction of the Designated Authority, any damage to the sea‑bed or subsoil in that area caused by any person engaged or concerned in those operations.
(10) A person to whom a direction is given under subsection (9) shall comply with the direction.
Penalty: 100 penalty units.
(11) The holder of an access authority shall, if the access authority is in force in respect of an area that consists of, or includes, a block that is the subject of a permit, lease or licence of which he is not the registered holder, furnish to the registered holder of that permit, lease or licence, within 28 days after the end of each month during which the access authority is in force in respect of that block, a full report, in writing, of the operations carried on in that block during that month and a summary of the facts ascertained from those operations.
Penalty: 50 penalty units.
(12) Section 108 applies to and in relation to an access authority as if:
(a) a reference in that section to a permit were a reference to an access authority; and
(b) a reference in that section to a direction or an arrangement under section 107 were a reference to a direction or an arrangement under subsection (9) of this section.
(13) In this section, State title means an authority, however described, under a law of a State or of the Northern Territory, to explore for, or to recover, petroleum.
113 Sale of property
(1) Where a direction under section 108 has not been complied with in relation to any property, the Designated Authority may do all or any of the following things:
(a) remove, in such manner as he thinks fit, all or any of that property from the relinquished area concerned;
(b) dispose of, in such manner as he thinks fit, all or any of that property; and
(c) if he has served a copy of the instrument by which the direction was given on a person whom he believed to be an owner of that property or part of that property, sell, by public auction or otherwise, as he thinks fit, all or any of that property that belongs, or that he believes to belong, to that person.
(2) The Designated Authority may deduct from the proceeds of a sale under subsection (1) of property that belongs, or that he believes to belong, to a particular person:
(a) all or any part of any costs and expenses incurred by him under that subsection in relation to that property;
(b) all or any part of any costs and expenses incurred by him in relation to the doing of any thing required by a direction under section 107, 111 or 112, as the case may be, to be done by that person; and
(c) all or any part of any fees or amounts due and payable under this Act, or under any Act with which this Act is incorporated, by that person.
(3) Costs and expenses incurred by the Designated Authority under subsection (1):
(a) if incurred in relation to the removal, disposal or sale of property, are a debt due by the owner of the property to the Commonwealth; or
(b) if incurred in relation to the doing of any thing required by a direction under section 107, 111 or 112, as the case may be, to be done by a person who is or was a permittee, lessee, licensee, infrastructure licensee, pipeline licensee or holder of a special prospecting authority or access authority, are a debt due by that person to the Commonwealth;
and, to the extent to which they are not recovered under subsection (2), are recoverable in a court of competent jurisdiction.
(4) Subject to subsection (3), no action lies in respect of the removal, disposal or sale of property under this section.
115 Designated Authority etc. may require information to be furnished etc.
(1) Where the Designated Authority, or an inspector, in respect of an adjacent area, or a part of an adjacent area, has reason to believe that a person is capable of giving information or producing documents relating to petroleum exploration operations, operations for the recovery of petroleum (including the measurement of the amount of petroleum recovered), operations relating to the processing or storage of petroleum or the preparation of petroleum for transport or operations connected with the construction or operation of a pipeline in that adjacent area, or that part of an adjacent area, he may, by instrument in writing served on that person, require that person:
(a) to furnish to him in writing, within the period and in the manner specified in the instrument, any such information; or
(b) to attend before him or a person specified in the instrument, at such time and place as is so specified and there to answer questions relating to those operations and to produce such documents relating to those operations as are so specified.
(2) A person is not excused from furnishing information, answering a question or producing a document when required to do so under this section on the ground that the information so furnished, the answer to the question or the production of the document might tend to incriminate him or make him liable to a penalty.
(3) However, any information furnished, answer given or document produced pursuant to the requirement, and any information or thing (including any document) obtained as a direct or indirect consequence of the furnishing of the information, the answering of the question or the production of the document, as the case may be, is not admissible in evidence against the person in any civil proceedings or in any criminal proceedings other than proceedings for an offence against section 117.
116 Power to examine on oath
(1) The Designated Authority or an inspector may administer an oath to a person required to attend before him in pursuance of section 115 and may examine that person on oath.
(2) Where a person attending before the Designated Authority or an inspector in pursuance of section 115 conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth to all questions asked him.
(3) An affirmation made under subsection (2) is of the same force and effect, and entails the same penalties, as an oath.
117 Failing to furnish information etc.
(1) A person must not:
(a) refuse to comply with a requirement in an instrument under section 115; or
(b) fail to comply with a requirement in an instrument under section 115; or
(c) in purported compliance with such a requirement, furnish information knowing that it is false or misleading in a material particular; or
(d) when attending before the Designated Authority or an inspector because of such a requirement, make a statement or produce a document knowing that it is false or misleading in a material particular.
Penalty: 100 penalty units.
(2) Paragraph (1)(a) or (b) does not apply to the extent to which the person is not capable of complying with the requirement.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.
(3) An offence against paragraph (1)(b) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
118A Designated Authority to make correspondence etc. available to Commonwealth Minister
The Designated Authority shall, as and when required by the Commonwealth Minister, make available to the Commonwealth Minister copies of any document received or issued by, the Designated Authority in connection with this Act.
119 Safety zones
(1) For the purpose of protecting a well or structure, or any equipment, in an adjacent area, or a part of an adjacent area, the Designated Authority may, by instrument published in the Gazette, prohibit:
(a) all vessels;
(b) all vessels other than specified vessels; or
(c) all vessels other than the vessels included in specified classes of vessels;
from entering or remaining in a specified area (in this section called a safety zone) surrounding the well, structure or equipment without the consent in writing of the Designated Authority.
(2) A safety zone specified in an instrument under subsection (1) may extend to a distance of 500 metres around the well, structure or equipment specified in the instrument measured from each point of the outer edge of the well, structure or equipment.
(3) Where a vessel enters or remains in a safety zone specified in an instrument under subsection (1) in contravention of the instrument, the owner and the person in command or in charge of the vessel are each guilty of an offence against this section and are punishable, upon conviction, by imprisonment for not more than 10 years.
(4) An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
120 Discovery and use of water
Where water is discovered in a permit area, a lease area or a licence area, the permittee, lessee or licensee, as the case may be, shall, within a period of one month after the date of the discovery, furnish to the Designated Authority, in writing, particulars of the discovery.
Penalty: 100 penalty units.
122 Records etc. to be kept
(1) The Designated Authority in respect of an adjacent area, or a part of an adjacent area, may, by instrument in writing served on a person carrying on operations in the adjacent area, or the part of an adjacent area, under a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority, access authority or instrument of consent under section 123, direct that person to do any one or more of the following things:
(a) to keep such accounts, records and other documents in connexion with those operations as are specified in the instrument;
(b) to collect and retain such cores, cuttings and samples in connexion with those operations as are so specified; and
(c) to furnish to the Designated Authority, or to such person as is so specified, in the manner so specified, such reports, returns, other documents, cores, cuttings and samples in connexion with those operations as are so specified.
(2) A person to whom a direction is given under subsection (1) shall comply with the direction.
Penalty: 100 penalty units.
(3) The Commonwealth Minister may give to the Designated Authority directions with respect to the exercise by the Designated Authority of the powers conferred by subsection (1).
(4) A direction under subsection (3) may be in respect of a particular case or of general application.
122A Regulations about data management
(1) The regulations may make provision for and in relation to:
(a) the keeping of accounts, records and other documents in connection with operations in an adjacent area, or a part of an adjacent area, under:
(i) a permit; or
(ii) a lease; or
(iii) a licence; or
(iv) an infrastructure licence; or
(v) a pipeline licence; or
(vi) a special prospecting authority; or
(vii) an access authority; or
(viii) a consent under section 123; and
(b) the collection and retention of cores, cuttings and samples in connection with those operations; and
(c) the giving to the Designated Authority, or a specified person, of reports, returns, other documents, cores, cuttings and samples in connection with those operations.
Data management plans
(2) In particular, the regulations may establish a scheme that:
(a) applies in relation to operations in an adjacent area, or a part of an adjacent area, under:
(i) a permit; or
(ii) a lease; or
(iii) a licence; or
(iv) an infrastructure licence; or
(v) a pipeline licence; or
(vi) a special prospecting authority; or
(vii) an access authority; or
(viii) a consent under section 123;
held by a person (the holder); and
(b) requires the holder to prepare and submit a plan (a data management plan) that deals with any or all of the following:
(i) the keeping of accounts, records and other documents in connection with those operations;
(ii) the collection and retention of cores, cuttings and samples in connection with those operations;
(iii) the giving to the Designated Authority, or to a person specified in the data management plan, of reports, returns, other documents, cores, cuttings and samples in connection with those operations; and
(c) empowers the Designated Authority to make decisions about the approval of:
(i) a data management plan; and
(ii) variations of a data management plan; and
(d) requires the holder to comply with an approved data management plan submitted by the holder.
(3) A scheme referred to in subsection (2) may provide that the holder must not commence the relevant operations unless:
(a) an approved data management plan is in force; or
(b) the Designated Authority gives consent to the commencement of those operations.
(4) Subsections (2) and (3) do not limit subsection (1).
Directions are in addition to regulations
(5) A requirement under section 122 is in addition to a requirement under regulations made for the purposes of this section.
123 Scientific investigations
(1) A Designated Authority in respect of an adjacent area, or a part of an adjacent area, may, by instrument in writing, consent to the carrying on in the adjacent area, or the part of an adjacent area, by any person of petroleum exploration operations in the course of a scientific investigation.
(2) An instrument of consent under subsection (1) may be made subject to such conditions, if any, as are specified in the instrument.
(3) An instrument of consent in force under subsection (1) authorizes the person specified in the instrument, subject to section 124 and in accordance with the conditions, if any, to which the instrument is subject, to carry on, in the adjacent area, or the part of the adjacent area, so specified, petroleum exploration operations so specified in the course of the scientific investigation so specified.
124 Interference with other rights
A person carrying on operations in an adjacent area under a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority, access authority or instrument of consent under section 123 shall carry on those operations in a manner that does not interfere with:
(a) navigation; or
(b) fishing; or
(c) the conservation of the resources of the sea and sea‑bed; or
(d) any operations of another person being lawfully carried on by way of exploration for, recovery of or conveyance of a mineral, whether petroleum or not, or by way of construction or operation of a pipeline; or
(e) the enjoyment of native title rights and interests (within the meaning of the Native Title Act 1993);
to a greater extent than is necessary for the reasonable exercise of the rights and performance of the duties of that first‑mentioned person.
Penalty: 100 penalty units.
124A Interfering with offshore petroleum installation or operations
(1) A person must not perform an act that results in:
(a) damage to, or interference with, any structure or vessel in an adjacent area that is, or is to be, used in exploring for, recovering, processing, storing, preparing for transport, or transporting, petroleum; or
(b) interference with any operations or activities being carried out, or any works being executed, on, by means of, or in connection with, such a structure or vessel.
Penalty: Imprisonment for 10 years.
(2) In this section:
structure means any fixed, moveable or floating structure or installation and includes a pipeline, pumping station, tank station or valve station.
125 Inspectors
(1) The Designated Authority in respect of an adjacent area, or a part of an adjacent area, may, by instrument in writing, appoint a person to be an inspector for the purposes of this Act and the regulations in respect of that adjacent area, or that part of an adjacent area.
(2) The Designated Authority may furnish to an inspector a certificate stating that he is such an inspector for the purposes of this Act and the regulations.
(2A) The Designated Authority in respect of the Eastern Greater Sunrise area may specify in a certificate given to an inspector under subsection (2) that the inspector is a Greater Sunrise visiting inspector.
(3) Where the appointment of a person under this section expires or is revoked, that person shall forthwith surrender the certificate furnished to him under this section to the Designated Authority or, if the Designated Authority, by instrument in writing served on that person, specifies another person to whom the certificate is to be surrendered, to that other person.
Penalty: 5 penalty units.
126 Powers of inspectors
(1) For the purposes of this Act and the regulations, an inspector (other than a Greater Sunrise visiting inspector), at all reasonable times and on production of the certificate furnished to him under section 125:
(a) shall have access to any part of the adjacent area or the part of an adjacent area, specified in the certificate and to any structure, ship, aircraft or building in that area or part that, in his opinion, has been, is being or is to be used in connexion with petroleum exploration operations, operations for the recovery of petroleum, operations relating to the processing or storage of petroleum or the preparation of petroleum for transport or operations connected with the construction or operation of a pipeline in that area or part;
(b) may inspect and test any equipment that, in his opinion has been, is being or is to be used in that area or part in connexion with any of those operations; and
(c) may enter any structure, ship, aircraft, building or place in that area or part or in the State or Territory to which that area is, in Schedule 2, specified as being adjacent, in which, in his opinion, there are any documents relating to any of those operations and may inspect, take extracts from and make copies of any of those documents.
(1A) For the purposes of paragraph (1)(c), the Eastern Greater Sunrise area is taken to be specified in Schedule 2 as being an adjacent area in respect of the Northern Territory.
(1B) For the purposes of this Act and the regulations, a Greater Sunrise visiting inspector who produces, at a reasonable time, a certificate given to him or her under section 125:
(a) is to be given access to the regions in:
(i) the Eastern Greater Sunrise area; or
(ii) the Principal Northern Territory PSL area;
specified in the certificate; and
(b) is to be given access to any structure, ship, aircraft or building in that region that, in his or her opinion, contains any equipment used to measure amounts of petroleum recovered from one or more of the Greater Sunrise unit reservoirs; and
(c) may inspect and test any equipment that, in his or her opinion, is being used in that region to measure amounts of petroleum recovered from one or more of the Greater Sunrise unit reservoirs.
(2) A person who is the occupier or person in charge of any building, structure or place, or is the person in charge of any ship, aircraft or equipment referred to in subsection (1) or (1B), shall provide an inspector with all reasonable facilities and assistance for the effective exercise of his powers under this section.
Penalty: 50 penalty units.
(3) A person shall not obstruct or hinder an inspector in the exercise of his powers under this section.
Penalty: 50 penalty units.
(4) Subsection (3) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4), see subsection 13.3(3) of the Criminal Code.
127 Property in petroleum
(1) Subject to this Act, if petroleum, other than petroleum from the Greater Sunrise unit reservoirs, is recovered by a permittee, lessee or licensee in the permit area, lease area or licence area:
(a) the petroleum becomes the property of the permittee, lessee or licensee; and
(b) it is not subject to any rights of other persons (other than any person to whom the permittee, lessee or licensee transfers, assigns or otherwise disposes of the petroleum or an interest in the petroleum).
(2) Subject to this Act, if an amount of petroleum is recovered at a particular time from one of the Greater Sunrise unit reservoirs by a permittee, lessee or licensee in the permit area, lease area or licence area:
(a) the current apportionment percentage of the amount of the petroleum becomes the property of the permittee, lessee or licensee; and
(b) property in the remainder of the amount of petroleum is determined under the Timor Sea Treaty; and
(c) the amount of petroleum is not subject to any rights of other persons (other than any person to whom the person whose property the petroleum becomes, under paragraph (a) or (b), assigns or otherwise disposes of the petroleum or an interest in the petroleum).
(3) In this section:
current apportionment percentage, in relation to an amount of petroleum recovered at a particular time, means 79.9% unless, before that time, the Apportionment Ratio set out in article 7 of the Greater Sunrise unitisation agreement has changed, at least once, because it has been:
(a) redetermined due to a technical redetermination undertaken in accordance with paragraph 8(1) of the agreement; or
(b) altered due to an agreement in accordance with paragraph 8(2) of the Greater Sunrise unitisation agreement;
in which case it means the percentage of the production of petroleum from the Greater Sunrise unit reservoirs that is apportioned to Australia under the Greater Sunrise unitisation agreement immediately after the most recent change to the Apportionment Ratio.
129 Certain payments to be made by Commonwealth to States and Northern Territory
(1) The Commonwealth shall, not later than the last day of each month of the year, pay to a State:
(a) an amount equal to the non‑GST component of each amount payable under this Act (other than an amount payable under section 22B) or an Act (other than the Royalty Act) with which this Act is incorporated in connexion with a document that relates to a block or pipeline in the adjacent area and received by the Commonwealth during the preceding month; and
(b) amounts ascertained in accordance with the formula:
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where:
A is the amount of royalty payable under the Royalty Act, together with the amount, if any, payable under that Act by reason of late payment of that royalty, by a permittee, lessee or licensee in respect of petroleum recovered in the adjacent area under the permit, lease or licence and received by the Commonwealth during the preceding month; and
B is the percentage rate at which royalty is payable under that Act by the permittee, lessee or licensee in respect of that petroleum.
(1A) The Commonwealth shall, in accordance with arrangements approved by the Minister, pay to each State amounts equal to the non‑GST components of all amounts, other than royalties, payable to the Designated Authority, on behalf of the Commonwealth, under Part III in relation to the adjacent area in respect of the State.
(2) Where a determination has been made under section 6 of the royalty Act in relation to a well, that determination shall be disregarded in ascertaining the value of B for the purposes of subsection (1) of this section.
(2A) In this section, a reference to a State shall be read as including a reference to the Northern Territory.
(3) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of this section.
(4) For the purposes of this section, the non‑GST component of an amount is:
(a) if the amount includes a component that is attributable to goods and services tax—so much of the amount as does not consist of that component; or
(b) in any other case—the whole of the amount.
133 Orders for forfeiture in respect of certain offences
(1) Where a person is convicted by a Supreme Court:
(a) of an offence against this Act arising under section 19, 39, 59A or 60; or
(b) of an offence against section 6 of the Crimes Act 1914 in relation to an offence referred to in paragraph (a); or
(ba) of an offence against section 11.1, 11.4 or 11.5 of the Criminal Code in relation to an offence referred to in paragraph (a);
the Court may, in addition to imposing a penalty, make one or more of the following orders:
(c) an order for the forfeiture of a specified aircraft or vessel used in the commission of the offence; and
(d) an order for the forfeiture of specified equipment used in the commission of the offence; and
(e) an order:
(i) for the forfeiture of specified petroleum recovered, or conveyed through a pipeline, as the case may be, in the course of the commission of the offence;
(ii) for the payment by that person to the Commonwealth of an amount equal to the proceeds of the sale of specified petroleum so recovered or conveyed; or
(iii) for the payment by that person to the Commonwealth of an amount equal to the value at the well‑head, assessed by the court, of the quantity, so assessed, of petroleum so recovered or conveyed or for the payment of such part of that amount as the court, having regard to all the circumstances, thinks fit.
(2) Where the court is satisfied that an order made under subparagraph (1)(e)(i) cannot, for any reason, be enforced, the court may, upon the application of the person by whom the proceedings were brought, set aside the order and make either of the orders referred to in subparagraphs (e)(ii) and (iii).
(3) The court may, before making an order under this section, require notice to be given to, and hear, such persons as the court thinks fit.
(4) Goods in respect of which an order is made under this section shall be dealt with as the Attorney‑General directs and, pending his direction, may be detained in such custody as the court directs.
135 Time for bringing proceedings for offences
Proceedings in respect of:
(a) an offence against this Act (being an offence arising under this Part) or the regulations; or
(b) an offence arising under section 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914 in relation to an offence referred to in paragraph (a);
may be brought at any time.
136 Publication in Gazette
An instrument, or particulars of an instrument, required by this Part or the regulations to be published in the Gazette, being an instrument having effect in relation to an adjacent area, may be published in the Government Gazette of the State or Territory concerned, and if so published, shall be deemed to have been published in the Gazette.
137 Judicial notice
(1) All courts shall take judicial notice of the signature of a person who is, or has been, the Designated Authority, or a delegate of the Designated Authority, in respect of an adjacent area, or a part of an adjacent area, and of the fact that that person is, or has been the Designated Authority, or a delegate of the Designated Authority, in respect of that area, or that part of an adjacent area.
(2) In this section, court includes any Federal or State Court or court of a Territory, and all persons authorized by the law of the Commonwealth, of a State or of a Territory or by consent of parties to receive evidence.
138 Service
(1) A document required or permitted by this Act to be served on a person other than the Designated Authority or a corporation shall be served:
(a) by delivering the document to that person personally;
(b) by prepaying and posting the document as a letter addressed to that person at his last known place of abode or business or, if he is carrying on business at 2 or more places, at one of those places;
(c) by leaving the document at the last known place of abode of that person with some person apparently an inmate of that place and apparently not less than 16 years of age; or
(d) by leaving the document at the last known place of business of that person or, if he is carrying on business at 2 or more places, at one of those places with some person apparently in the service of that person and apparently not less than 16 years of age.
(2) A document required or permitted by this Act to be served on the Designated Authority shall be served:
(a) by prepaying and posting the document as a letter addressed to the Designated Authority at a place of business of the Designated Authority; or
(b) by leaving it at a place of business of the Designated Authority with some person apparently employed in connection with the business of the Designated Authority and apparently not less than 16 years of age.
(2A) A document required or permitted by this Act to be served on the Joint Authority shall be deemed to be duly served if it is served on the Designated Authority.
(3) A document required by this Act to be served on a person, being a corporation, shall be served:
(a) by prepaying and posting the document as a letter addressed to the corporation at its last known place of business or, if it is carrying on business at 2 or more places, at one of those places; or
(b) by leaving it at that place, or at one of those places, with some person apparently in the service of the corporation and apparently not less than 16 years of age.
(4) Where a document required by this Act to be served is posted as a letter in accordance with this section, service shall, unless the contrary is proved, be deemed to have been effected at the time at which the letter would have been delivered in the ordinary course of post.
138A Service of documents on 2 or more permittees etc.
(1) Where there are 2 or more registered holders of a title or special prospecting authority, those registered holders may, by notice in writing signed by each of them and served on the Designated Authority, nominate one of the registered holders as being the person on whom documents relating to the title or special prospecting authority that are required or permitted by this Act to be served may be served.
(2) Subject to subsections (3) and (4), where:
(a) a document relating to a title or special prospecting authority is required or permitted by this Act to be served on the registered holder;
(b) there are 2 or more registered holders of the title or special prospecting authority; and
(c) the document is served on a person in respect of whom a nomination under subsection (1) is in force in relation to the title or special prospecting authority;
the document shall be deemed to have been served on each of those registered holders.
(3) Where:
(a) a person has been nominated under subsection (1) in relation to a title or special prospecting authority; and
(b) one of the registered holders of the title or special prospecting authority, by notice in writing served on the Designated Authority, revokes that nomination;
that nomination ceases to be in force.
(4) Where:
(a) a person has been nominated under subsection (1) in relation to a title or special prospecting authority; and
(b) the person so nominated ceases to be one of the registered holders of the title or special prospecting authority;
that nomination ceases to be in force.
(5) In this section, title means a permit, lease, licence, infrastructure licence, pipeline licence or access authority.
139 No conditions as to payment of moneys
Except as provided by an Act with which this Act is incorporated, there shall not be included in a permit, lease, licence, pipeline licence or other instrument a condition requiring the payment of money to the Designated Authority, the Joint Authority or the Commonwealth.
140 Saving of certain State and Territory instruments
It is the intention of this Part not to prevent or affect the continued application of any law of a State or Territory:
(a) being a law that applies to or in relation to exploration for, or operations for the recovery of, petroleum; or
(b) being a law that applies to or in relation to the construction or operation of pipelines;
in or in relation to the adjacent area in respect of an instrument granted, issued or made under that law before the date from and including which this Part has effect in respect of that area.
140AA Liability for acts or matters done or omitted to be done under this Act etc.
(1) This section applies to the following bodies and people:
(a) the Joint Authority;
(b) a member of the Joint Authority;
(c) the Designated Authority;
(d) the Safety Authority;
(e) the Chief Executive Officer of the Safety Authority;
(f) an inspector appointed under section 125;
(g) an OHS inspector appointed under Part IIIC;
(h) a person acting under the direction or authority of the Joint Authority or the Designated Authority;
(i) a person acting under the direction or authority of the Safety Authority or the Chief Executive Officer of the Safety Authority.
(2) A body or person to whom this section applies is not liable to an action, suit or proceeding for or in respect of an act or matter in good faith done or omitted to be done in the exercise, or purported exercise, of any power or authority conferred by:
(a) this Act; or
(b) the regulations; or
(c) a direction under this Act.
(3) This section does not apply to a person or body merely because the person or body is acting in accordance with a proposal or plan (however described) that has been accepted, agreed or otherwise approved by or on behalf of the Joint Authority, the Designated Authority or the Safety Authority.
(4) This section has effect subject to section 88.
(5) This section does not affect:
(a) any rights conferred on a person by the Administrative Decisions (Judicial Review) Act 1977 to make an application to a court in respect of:
(i) a decision; or
(ii) conduct engaged in for the purpose of making a decision; or
(iii) a failure to make a decision; or
(b) any other rights that a person has to seek a review by a court or tribunal in respect of:
(i) a decision; or
(ii) conduct engaged in for the purpose of making a decision; or
(iii) a failure to make a decision.
(6) An expression used in subsection (5) has the same meaning as in section 10 of the Administrative Decisions (Judicial Review) Act 1977.
(7) In this section:
Safety Authority means the National Offshore Petroleum Safety Authority established by section 150XD.
Division 6A—Area to be avoided and safety zones
140A Interpretation
(1) In this Division:
authorized person means a member or a special member of the Australian Federal Police, a member of the Police Force of a State or Territory, a member of the Defence Force or a person, or a person included in a class of persons, authorized to perform duties under this Division in accordance with subsection (4).
exempt vessel, in relation to a safety zone, means a vessel:
(a) that is excluded from the operation of section 119 in relation to that safety zone by virtue of the instrument establishing the safety zone; or
(b) in respect of which there is in force a consent in writing of the Designated Authority under subsection 119(1) in relation to that safety zone.
Government vessel means a vessel that is beneficially owned by, or a vessel the whole possession and control of which is for the time being vested in, the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory.
master, in relation to a vessel, means the person having command or charge of the vessel.
owner, in relation to a vessel, means:
(a) in a case to which paragraph (b) does not apply—the person who owns the vessel; or
(b) if the vessel is being operated by a person (not being the person who owns the vessel) who has the whole possession and control of the vessel—the operator of the vessel.
prescribed safety zone means a safety zone that is situated within any part of the area described in Schedule 6 that comprises waters of the sea that are not within the territorial sea of Australia or within any area on the landward side of the territorial sea of Australia.
relevant vessel means a vessel:
(a) that is registered under the Shipping Registration Act 1981 and the gross tonnage of which specified in the certificate of registration of the vessel exceeds 200;
(b) that is not registered under the Shipping Registration Act 1981 but is permitted to be registered under that Act (other than a vessel that, under the law of another country, is entitled to fly the flag of that country and is flying that flag), being a vessel the tonnage length of which is equal to or exceeds 24 metres; or
(c) not being a vessel to which paragraph (a) or (b) applies, that is in the adjacent area for the purpose of exploring the sea‑bed or subsoil of the adjacent area for petroleum or minerals or for the purpose of exploiting the natural resources, being petroleum or minerals, of that sea‑bed or subsoil;
but does not include a Government vessel.
safety zone means an area that is a safety zone for the purposes of section 119.
(2) A reference in this Division to the area to be avoided shall be read as a reference to so much of the area described in Schedule 6 as comprises waters of the sea that:
(a) are not within the territorial sea of Australia or within any area on the landward side of the territorial sea of Australia; and
(b) are not within a safety zone.
(3) If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, subsection (2) and the definition of prescribed safety zone in subsection (1) continue to have effect as if the breadth of the territorial sea of Australia had continued to be 3 nautical miles.
(4) The Designated Authority may, by notice published in the Gazette, authorize a person, or a person included in a specified class of persons, to perform duties under this Division.
(5) The reference in the definition of Government vessel in subsection (1) to an authority of the Commonwealth, of a State or of a Territory shall be read as a reference to a body corporate established for a public purpose by or under a law of the Commonwealth or of a State or Territory, as the case may be, other than:
(b) the Western Australian Coastal Shipping Commission;
(c) the Transport Commission established under the Transport Act 1938 of the State of Tasmania; or
(d) a body corporate that is declared by regulations made under the Shipping Registration Act 1981 not to be a Government authority for the purposes of that Act.
(6) For the purposes of this Division, the tonnage length of a ship shall be determined in the same manner as it is determined for the purposes of the Shipping Registration Act 1981.
140B Emergency periods
(1) Where the Minister is satisfied that:
(a) terrorist activity is likely to occur in the area to be avoided or in a prescribed safety zone; and
(b) if that activity occurred, the safety of any person in the area to be avoided or in a prescribed safety zone would be likely to be at risk or any well, pipeline, structure or equipment in the area to be avoided or in a prescribed safety zone would be likely to be damaged;
the Minister may, by notice published in the Gazette, declare that a state of emergency exists in relation to the area to be avoided.
(2) A notice under subsection (1) comes into force on the day on which the notice is published in the Gazette and continues to be in force during such period, not exceeding 14 days, as is specified in the notice.
(3) Where:
(a) a notice under subsection (1) is made; and
(b) before the expiration of the period during which the notice remains in force, the Minister is satisfied that it is necessary to extend the period of the state of emergency;
the Minister may, by notice published in the Gazette, extend the period of the state of emergency by such period, not exceeding 14 days, as is specified in the notice.
(4) The Minister shall not make a notice under subsection (1) or extend the period of a state of emergency under subsection (3) unless the Minister has consulted with the Designated Authority in relation to the proposed making of the notice or the proposed extension, as the case may be.
(5) During any period during which a notice under this section is in force, this Division has effect as if:
(a) “and the gross tonnage of which specified in the certificate of registration of the vessel exceeds 200” were omitted from paragraph (a) of the definition of relevant vessel in subsection 140A(1); and
(b) “, being a vessel the tonnage length of which is equal to or exceeds 24 metres” were omitted from paragraph (b) of the definition of relevant vessel in subsection 140A(1).
(6) A reference in this section to terrorist activity shall be read as including a reference to activities involving extortion.
140C Designated Authority may authorise entry into area to be avoided
(1) The owner of a vessel may, by notice in writing given to the Designated Authority, apply for the grant of an authorization under subsection (2) for the vessel to enter the area to be avoided.
(2) The Designated Authority may, by notice in writing given to a person who has made an application under subsection (1) in respect of a vessel, authorize the vessel to enter the area to be avoided.
(3) An authorization under subsection (2) is subject to such conditions as are specified in the notice of authorization.
(4) The Designated Authority may, by notice in writing given to the owner of a vessel in respect of which an authorization is in force under subsection (2), revoke the authorization.
140D Unauthorised vessel not to enter area to be avoided
(1) Where a relevant vessel (not being an exempt vessel in relation to a prescribed safety zone) enters or remains in the area to be avoided otherwise than in accordance with an authorization in force in respect of the vessel under subsection 140C(2), the owner of the vessel and the master of the vessel are each guilty of an offence punishable, on conviction, by a fine not exceeding $50,000 or imprisonment for a period not exceeding 5 years, or both.
(1A) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) It is a defence to a prosecution for an offence against subsection (1) in relation to a vessel entering, or remaining in, the area to be avoided otherwise than in accordance with an authorization in force in respect of the vessel if the person charged satisfies the court that:
(a) an unforseen emergency rendered it necessary for the vessel to enter or remain in the area in order to attempt to secure the safety of the vessel, of another vessel, of any well, pipeline, structure or equipment or of human life; or
(b) the vessel entered or remained in the area in circumstances not under the control of the person who was in charge of the navigational watch of the vessel.
Note: A defendant bears a legal burden in relation to the matter in subsection (2), see section 13.4 of the Criminal Code.
140E Powers of authorised persons
(1) Subject to subsection (3), an authorized person may:
(a) board a vessel that the person has reasonable grounds to believe has been used, is being used or is about to be used in contravention of section 119 or 140D;
(b) where the person has boarded a vessel in the exercise of powers under paragraph (a):
(i) require any person on board the vessel to answer questions relating to the vessel or to the movements of the vessel;
(ii) require the master of the vessel to state whether there is in force in respect of the vessel a consent under subsection 119(1) or an authorization under subsection 140C(2) and, if so, to produce the consent or authorization, as the case may be;
(iii) if the vessel is registered under the Shipping Registration Act 1981—require the master of the vessel to produce the certificate of registration of the vessel; or
(iv) search the vessel for any documents relating to the vessel or to the movements of the vessel;
(c) require the master of a vessel, being a vessel:
(i) that is, or that the person has reasonable grounds to believe is, a relevant vessel;
(ii) that is in the area to be avoided otherwise than in accordance with an authorization in force in respect of the vessel under subsection 140C(2); and
(iii) that is not an exempt vessel in relation to a prescribed safety zone;
to take the vessel outside the area to be avoided;
(d) require the master of a vessel, being a vessel that is in a safety zone and that is not an exempt vessel in relation to the safety zone, to take the vessel outside the safety zone;
(e) require the master of a vessel, being a vessel:
(i) that is in, or that is near, the area to be avoided;
(ii) that the person has reasonable grounds to believe is a vessel of the kind referred to in paragraph (b) of the definition of relevant vessel in subsection 140A(1);
(iii) in respect of which there is not in force an authorization under subsection 140C(2); and
(iv) that is not an exempt vessel in relation to a prescribed safety zone;
to permit the person to take measurements of the vessel;
(f) require the master of a disabled vessel:
(i) that is in the area to be avoided and that is, or that the person has reasonable grounds to believe is, a relevant vessel;
(ii) that is in a safety zone; or
(iii) that is, or that the person has reasonable grounds to believe is, a relevant vessel and that the person has reasonable grounds to believe is likely to cause damage to any well, pipeline, structure or equipment in the area to be avoided or in a safety zone;
to permit the vessel to be towed away from the area to be avoided or the safety zone, as the case requires, or to accept the giving of such other assistance to the vessel as the person considers necessary; or
(g) detain a vessel that the person has reasonable grounds to believe has been used in contravention of section 119 or 140D.
(2) A person who:
(a) fails to facilitate by all reasonable means the boarding of a vessel by an authorized person pursuant to subsection (1);
(b) refuses to allow a search that is authorized under subsection (1) to be made by an authorized person;
(c) refuses or neglects to comply with a requirement made by an authorized person under subsection (1);
(d) when an authorized person requires the person to give information, pursuant to the powers of the authorized person under subsection (1)—gives information that is, to the knowledge of the person, false or misleading in a material particular; or
(e) resists or obstructs an authorized person who is acting pursuant to subsection (1);
is guilty of an offence punishable, on conviction, by a fine not exceeding 50 penalty units.
(2A) An offence against paragraph (2)(a) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) The powers of an authorized person in relation to a vessel under paragraphs (1)(a), (b), (e) and (g) shall not be exercised except:
(a) pursuant to a warrant issued under section 140F;
(b) after obtaining the consent of the master of the vessel; or
(c) in circumstances of seriousness and urgency, in accordance with section 140G.
140F Search warrants
(1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds to believe that a vessel has been used, is being used or is about to be used in contravention of section 119 or 140D, and the information sets out those grounds and identifies the vessel, a Magistrate may issue a warrant authorizing an authorized person named in the warrant, with such assistance as the authorized person thinks necessary, to exercise all or any of the powers referred to in paragraphs 140E(1)(a), (b), (e) and (g) in relation to that vessel.
(2) A Magistrate shall not issue a warrant under subsection (1) unless:
(a) the informant or some other person has given to the Magistrate either orally or by affidavit such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(3) A warrant issued under subsection (1) shall:
(a) specify the purpose for which the warrant is issued;
(b) set out a description of the vessel in relation to which the warrant is issued; and
(c) specify a day, not being later than 7 days after the day on which the warrant is issued, as being the day on which the warrant ceases to have effect.
(4) In this section, Magistrate includes a Justice of the Peace.
140G Exercise of powers in serious circumstances
An authorized person may exercise, in relation to a vessel, all or any of the powers referred to in paragraphs 140E(1)(a), (b), (e) and (g) where:
(a) the authorized person has reasonable grounds to believe that:
(i) the vessel has been used, is being used or is about to be used in contravention of section 119 or 140D; or
(ii) the exercise of those powers is necessary to prevent damage being caused to any well, pipeline, structure or equipment in the area to be avoided or in a safety zone; and
(b) the circumstances are of such a serious nature as to require and justify the immediate exercise of those powers without the authority of a warrant issued under section 140F.
Division 6B—Health and safety
140H Application of occupational health and safety laws
(1) Schedule 7 has effect.
(2) The following provisions are the section 140H OHS laws for the purposes of this Act:
(a) Schedule 7 to this Act;
(b) the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996;
(c) the Petroleum (Submerged Lands) (Diving Safety) Regulations 2002;
(d) the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993;
(e) the Petroleum (Submerged Lands) (Pipelines) Regulations 2001, to the extent that those regulations relate to occupational health and safety matters;
(f) any other regulations relating to occupational health and safety matters that are prescribed for the purposes of this paragraph.
140I Regulations relating to health and safety
(1) The regulations may make provision in relation to the health and safety of persons at or near an operations site who are under the control of a person who is carrying on an operation.
(2) Regulations for the purposes of subsection (1) may:
(a) require a person who is carrying on an operation to establish and maintain a system of management to secure the health and safety of persons referred to in that subsection; and
(b) specify requirements with which the system must comply.
This subsection does not limit the generality of subsection (1).
Note: Under section 9 or 11, the application in an adjacent area of State or Territory laws is subject to regulations made under this Act.
Division 7—Transitional provisions
146 Barracouta and Marlin Fields Petroleum Production Licences
(1) In this section, licence means an instrument to which subsection (2) applies.
(2) Subject to this section:
(a) each Barracouta and Marlin Fields Petroleum Production Licence, that is to say, each instrument executed in accordance with the form set out in Schedule 3 and having annexed thereto a plan delineating and indicating the area in relation to which the instrument applies, has effect as if it were a production licence for petroleum granted under section 44; and
(b) this Act and each Act with which this Act is incorporated applies to and in relation to each such instrument as though it were a production licence for petroleum so granted.
(3) A licence comes into force on the date from and including which this Part has effect in respect of the adjacent area specified in Schedule 2 as being adjacent to the State of Victoria and remains in force, unless sooner surrendered or cancelled, until 31st March 1988.
(4) In the provisions of a licence that have effect by reason of this section:
(a) except as otherwise provided in this subsection, a reference to the Minister shall be read as a reference to the Designated Authority;
(b) the first reference to the Minister in subclause 2(1) of the licence shall be read as a reference to the Joint Authority in respect of the adjacent area in respect of Victoria;
(c) that subclause shall have effect as if there were substituted for the words “as the Minister in his discretion determines” the words “as are determined in accordance with the law for the time being in force”; and
(d) the reference to the Minister in subclause 27(1) shall be read as a reference to the Joint Authority in respect of the adjacent area in respect of Victoria.
(5) The following provisions of a licence do not have effect by reason of this section:
(a) subclause 2(2);
(b) clauses 3 to 9 (inclusive) and clauses 11, 12 and 29; and
(c) any provision that provides for the payment of a tax.
(6) The reference in clause 22 of a licence to the Companies Act 1961 shall be read as a reference to the Companies Act 1961 of the State of Victoria or to that Act as amended and in force for the time being or to any Act enacted in substitution for that Act, as the circumstances require.
(7) Clause 31 of a licence shall be taken to be omitted and the following clause substituted therefor:
“31. Such a notice may be signed by the Designated Authority or by a person to whom the Designated Authority has delegated his powers to give the notice.”.
(8) For the definition of petroleum in clause 32 of a licence there shall be taken to be substituted the definition of petroleum in section 5.
(9) Any covenant by the licensee under a licence that is in the nature of a condition of the licence to be complied with by the licensee has effect for the purposes of the application of this Act in relation to the licence as if that covenant were a condition of the licence.
(10) The Designated Authority shall enter in the Register a copy of each licence and shall also enter in the Register a statement that the licence has effect subject to this section and to the Petroleum (Submerged Lands) (Royalty) Act 1967 and the Petroleum (Submerged Lands) (Production Licence Fees) Act 1967.
147 Barracouta and Marlin Fields Pipeline Licences to have effect as pipeline licences under this Act
(1) In this section:
pipeline licence means a licence to which subsection (2) applies.
the adjacent area means the area specified in Schedule 2 as being adjacent to the State of Victoria.
(2) Subject to this section:
(a) each Barracouta and Marlin Fields Pipeline Licence, that is to say, each licence to construct, maintain and operate a pipeline granted on 10th October, 1967, under section 13 of the Pipelines (Submerged Lands) Act 1967 of the Parliament of the State of Victoria to Esso Exploration and Production Australia Inc. and Haematite Petroleum Proprietary Limited has effect as if it were a licence to construct and operate a pipeline granted under section 65 of this Act; and
(b) this Act and each Act with which this Act is incorporated applies to and in relation to each such licence as though it were a licence to construct and operate a pipeline so granted.
(3) A pipeline licence comes into force on the day from and including which this Part has effect in respect of the adjacent area and remains in force, unless sooner surrendered or cancelled, until 31st March, 1988.
(4) In a pipeline licence:
(a) a reference to the Pipelines (Submerged Lands) Act 1967 of the Parliament of the State of Victoria and the regulations under that Act shall be read as a reference to this Act (including the Acts with which this Act is incorporated) and the regulations under this Act;
(b) a reference to the Designated Authority shall be read as a reference to the Designated Authority under this Act in respect of the adjacent area; and
(c) a reference to petroleum shall be read as a reference to petroleum as defined by section 5 of this Act.
(5) The Designated Authority shall enter in the Register a copy of each pipeline licence and shall also enter in the Register a statement that the pipeline licence has effect subject to this section and to the Petroleum (Submerged Lands) (Pipeline Licence Fees) Act 1967.
148 Licence to replace the Barrow Island lease
(1) In this section:
the adjacent area means the adjacent area in respect of the State of Western Australia.
the Barrow Island lease means the lease granted on 27th February, 1967, under section 55A of the Petroleum Act, 1936‑1954 of the Parliament of the State of Western Australia to West Australian Petroleum Pty. Limited.
the lessee means the lessee under the Barrow Island lease.
(2) The lessee may make an application for the grant of a licence in respect of those portions of the adjacent area that correspond to the pieces or parcels of land described and delineated in the First Schedule to the Barrow Island lease.
(3) An application under this section:
(a) shall comply with the provisions of paragraphs 41(1)(a) and (b) but is not otherwise required to comply with subsection 41(1); and
(b) shall be accompanied by particulars of the proposals of the applicant for work and expenditure in respect of the portions of the adjacent area specified in the application.
(4) The Designated Authority may, at any time, by instrument in writing served on the applicant, require him to furnish, within the time specified in the instrument, further information in connexion with his application.
(5) The Designated Authority may require the applicant to lodge a security for compliance with the conditions to which the licence, if granted, will from time to time be subject and with the provisions of this Part and of the regulations.
(6) Where the lessee:
(a) makes an application in accordance with this section;
(b) if information is required under subsection (3), furnishes that information to the Designated Authority; and
(c) if a security is required under subsection (5), lodges that security with the Designated Authority;
the Designated Authority shall grant to the lessee a production licence for petroleum in respect of the portions of the adjacent area specified in the application.
(7) In the application of this Part to and in relation to a licence granted on an application under this section, references to the licence area are references to the portions of the adjacent area the subject of the licence.
149 Certain portions of blocks to be blocks
(1) Where the area in respect of which a permit, lease, licence or prescribed instrument is in force includes one or more portions of a block constituted as provided by section 17, then, for the purposes of this Part:
(a) the area of that portion or those portions constitutes a block; and
(b) the area of the remaining portion or portions of the first‑mentioned block (but not including any part of that area in respect of which a permit, lease, licence or prescribed instrument is in force) constitutes a block.
(2) Where a permit, lease, licence or prescribed instrument ceases to be in force in respect of an area that constitutes a block as provided by paragraph (1)(a), the Designated Authority may, by instrument in writing, if he considers it desirable to do so, determine that that block shall be amalgamated with another block or blocks, being a block or blocks:
(a) constituted as provided by this section;
(b) forming part of the graticular section of which that first‑mentioned block forms part; and
(c) in respect of which a permit, lease or licence is in force.
(3) Where such a determination is made, then, for the purposes of this Part:
(a) the blocks the subject of the determination cease to constitute blocks and the areas of those blocks together constitute a block; and
(b) the block constituted by reason of the determination is, subject to this Part, for the remainder of the term of the permit, lease or licence concerned, a block in respect of which the permit, lease or licence is in force.
(4) The Designated Authority shall not make a determination under subsection (2) except with the consent of the permittee, lessee or licensee concerned.
Part IIIA—Release of information
Division 1—Preliminary
150 Definitions
(1) In this Part, unless the contrary intention appears:
applicable document means:
(a) an application made after the commencement of this Part to the Designated Authority under this Act; or
(b) a document accompanying such an application; or
(c) a report, return or other document relating to a block that has been given after the commencement of this Part to the Designated Authority under this Act or regulations made for the purposes of section 122A.
documentary information means information contained in an applicable document.
petroleum mining sample means a core or cutting from, or a sample of, the sea‑bed or subsoil, or a sample of petroleum recovered, that has been given at any time, whether before or after the commencement of this Part, to the Designated Authority and includes a portion of such a core, cutting or sample.
(2) For the purposes of this Part:
(a) cores and cuttings, well data, logs, sample descriptions and other documents, relating to the drilling of a well, are taken to have been given to the Designated Authority not later than one month after the drilling of the well was, in the Designated Authority’s opinion, substantially completed; and
(b) geophysical or geochemical data relating to geophysical or geochemical surveys are taken to have been given to the Designated Authority not later than one year after the geophysical or geochemical field work was, in the Designated Authority’s opinion, substantially completed.
(3) Paragraph (2)(a) does not apply in relation to the drilling of a well unless the drilling of the well was, in the Designated Authority’s opinion, substantially completed before the commencement of this subsection.
(4) Paragraph (2)(b) does not apply in relation to a geophysical or geochemical survey unless the geophysical or geochemical field work was, in the Designated Authority’s opinion, substantially completed before the commencement of this subsection.
150A Application of Part
This Part applies in respect of:
(a) information given to the Designated Authority after the commencement of this Part; and
(b) petroleum mining samples given to the Designated Authority at any time whether before or after the commencement of this Part.
Note: Section 118 of this Act as previously in force continues to apply in respect of information given to the Designated Authority before the commencement of this Part (see item 142 of Schedule 1 to the Petroleum (Submerged Lands) Amendment Act (No. 1) 2000).
Division 2—Protection of confidentiality of information and samples
Subdivision A—Information and samples obtained by the Designated Authority
150B Protection of confidentiality of documentary information obtained by the Designated Authority
(1) This section restricts what the Designated Authority may do with documentary information.
(2) The Designated Authority must not:
(a) make the information publicly known; or
(b) make the information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory);
unless the Designated Authority does so:
(c) in accordance with regulations made for the purposes of this paragraph; or
(d) for the purposes of the administration of this Act or the regulations.
150C Protection of confidentiality of petroleum mining samples obtained by the Designated Authority
(1) This section restricts what the Designated Authority may do with a petroleum mining sample.
(2) The Designated Authority must not:
(a) make publicly known any details of the sample; or
(b) permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample;
unless the Designated Authority does so:
(c) in accordance with regulations made for the purposes of this paragraph; or
(d) for the purposes of the administration of this Act or the regulations.
150D Designated Authority may make information or samples available to a Minister, a State Minister or a Northern Territory Minister
(1) The Designated Authority may make documentary information or a petroleum mining sample available to:
(a) a Minister; or
(b) a Minister of a State; or
(c) a Minister of the Northern Territory.
(2) The Designated Authority must make documentary information or a petroleum mining sample available to the Commonwealth Minister if the Commonwealth Minister requires the Designated Authority to make the information or sample available to the Commonwealth Minister.
Note 1: For protection of the confidentiality of information obtained by a Minister under this section, see section 150E.
Note 2: For protection of the confidentiality of a sample obtained by a Minister under this section, see section 150F.
Subdivision B—Information and samples obtained by a Minister
150E Protection of confidentiality of information obtained by a Minister
(1) This section restricts what a Minister may do with documentary information made available to the Minister under section 150D.
(2) The Minister must not:
(a) make the information publicly known; or
(b) make the information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory);
unless the Minister does so:
(c) in accordance with regulations made for the purposes of this paragraph; or
(d) for the purposes of the administration of this Act or the regulations.
150F Protection of confidentiality of petroleum mining samples obtained by a Minister
(1) This section restricts what a Minister may do with a petroleum mining sample made available to the Minister under section 150D.
(2) The Minister must not:
(a) make publicly known any details of the sample; or
(b) permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample;
unless the Minister does so:
(c) in accordance with regulations made for the purposes of this paragraph; or
(d) for the purposes of the administration of this Act or the regulations.
Subdivision C—Miscellaneous
150G Fees
(1) This section applies to regulations made for the purposes of any of the following:
(a) paragraph 150B(2)(c);
(b) paragraph 150C(2)(c);
(c) paragraph 150E(2)(c);
(d) paragraph 150F(2)(c).
(2) The regulations may make provision for fees relating to:
(a) making information available to a person; or
(b) permitting a person to inspect a sample.
150H Review by Minister
(1) This section applies to regulations made for the purposes of:
(a) paragraph 150B(2)(c); or
(b) paragraph 150C(2)(c).
(2) The regulations may make provision for the Minister to:
(a) review a decision of the Designated Authority under the regulations; and
(b) make a decision:
(i) confirming the decision reviewed; or
(ii) revoking the decision reviewed and substituting another decision for it.
150J Privacy Act
This Part does not override any requirements of the Privacy Act 1988. In particular, this Part is not to be taken, for the purposes of that Act, to require or authorise the disclosure of information.
Division 4—Miscellaneous
150K Publishing or making copies of applicable documents not an infringement of copyright
The copyright in a literary or artistic work contained in an applicable document is not infringed by anything done by, or with the authority of, the Designated Authority or the Commonwealth Minister for the purpose of the exercise of any of the powers of that Authority or Minister under this Part.
Part IIIB—Datums
Division 1—Points etc. to be ascertained by reference to certain datums
150L Objects
The main objects of this Division are:
(a) to maintain the use of the Australian Geodetic Datum to determine the position of blocks and certain other areas; and
(b) to enable the position of a point, line, block or other area to be described, in a title or other instrument under this Act, using another datum (but not so as to change the position of a point, line, block or area).
150M Australian Geodetic Datum
(1) For the purposes of this Act, the position on the surface of the Earth of:
(a) a graticular section or block; or
(b) a parallel of latitude described in subsection 5A(7); or
(c) an area described in Schedule 2; or
(d) an area described in Schedule 6;
is to be determined by reference to the Australian Geodetic Datum.
Note: Australian Geodetic Datum is defined in section 150W.
(2) Subject to subsection (3), subsection (1) does not apply for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area.
(3) Until a declaration under subsection 150N(1) takes effect, the Australian Geodetic Datum applies for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area.
150N Current datum, previous datum and changeover time
(1) The regulations may declare that, for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area:
(a) a specified datum is the current datum; and
(b) that datum replaces the previous datum.
(2) The previous datum is:
(a) if a datum is the first datum declared to be the current datum under subsection (1)—the Australian Geodetic Datum; or
(b) in any other case—the datum that was the current datum immediately before the changeover time.
(3) The changeover time is the time when the declaration takes effect.
150P Use of current datum
For the purposes of this Act, the position on the surface of the Earth of the following:
(a) the permit area of a permit granted or renewed after the changeover time;
(b) the lease area of a lease granted or renewed after the changeover time;
(c) the licence area of a licence granted or renewed after the changeover time;
(d) the infrastructure licence area of an infrastructure licence granted after the changeover time;
(e) the area in respect of which a special prospecting authority granted after the changeover time is in force;
(f) the area in respect of which an access authority granted after the changeover time is in force;
(g) the route of a pipeline authorised by a pipeline licence granted after the changeover time;
(h) a point, line or area set out in any other instrument under this Act made after the changeover time;
is to be described by reference to the current datum, and the title or instrument may be annotated accordingly.
150Q Use of previous datum
(1) For the purposes of this Act, the position on the surface of the Earth of the following:
(a) the permit area of a permit in force immediately before the changeover time;
(b) the lease area of a lease in force immediately before the changeover time;
(c) the licence area of a licence in force immediately before the changeover time;
(d) the infrastructure licence area of an infrastructure licence in force immediately before the changeover time;
(e) the area in respect of which a special prospecting authority in force immediately before the changeover time is in force;
(f) the area in respect of which an access authority in force immediately before the changeover time is in force;
(g) the route of a pipeline authorised by a pipeline licence in force immediately before the changeover time;
(h) a point, line or area set out in any other instrument under this Act in force immediately before the changeover time;
is to be described by reference to the previous datum.
(2) Subsection (1) has effect subject to section 150R.
150R Variation of titles etc.
(1) The regulations may authorise the Designated Authority to issue an instrument varying a permit in force immediately before the changeover time for the sole purpose of relabelling the permit area using geographic co‑ordinates based on the current datum.
(2) The regulations may authorise the Designated Authority to issue an instrument varying a lease in force immediately before the changeover time for the sole purpose of relabelling the lease area using geographic co‑ordinates based on the current datum.
(3) The regulations may authorise the Designated Authority to issue an instrument varying a licence in force immediately before the changeover time for the sole purpose of relabelling the licence area using geographic co‑ordinates based on the current datum.
(4) The regulations may authorise the Designated Authority to issue an instrument varying an infrastructure licence in force immediately before the changeover time for the sole purpose of relabelling the infrastructure licence area using geographic co‑ordinates based on the current datum.
(5) The regulations may authorise the Designated Authority to issue an instrument varying a special prospecting authority or an access authority in force immediately before the changeover time for the sole purpose of relabelling the area in respect of which the authority is in force using geographic co‑ordinates based on the current datum.
(6) The regulations may authorise the Designated Authority to issue an instrument varying a pipeline licence in force immediately before the changeover time for the sole purpose of relabelling the route of the pipeline using geographic co‑ordinates based on the current datum.
(7) The regulations may authorise the Designated Authority to issue an instrument varying any other instrument under this Act that:
(a) sets out a point, line or area; and
(b) is in force immediately before the changeover time;
for the sole purpose of relabelling the point, line or area using geographic co‑ordinates based on the current datum.
(8) The regulations may authorise the Designated Authority to issue an instrument varying a title or other instrument under this Act for the sole purpose of inserting an annotation about the applicable datum.
150S Variation of applications for titles
The regulations may authorise the Designated Authority to issue an instrument varying an application for a title for the sole purpose of relabelling a point, line or area by reference to geographic co‑ordinates based on the current datum.
150T No change to actual position of point, line or area
This Division does not authorise any change to the position on the surface of the Earth of a point, line or area.
150U Transitional regulations
The regulations may make provision for matters of a transitional nature arising from the change from the previous datum to the current datum.
150V Division has effect subject to section 150X
This Division has effect subject to section 150X.
Note: Section 150X deals with International Sea‑bed Agreements.
150W Definitions
In this Division:
Australian Geodetic Datum means the Australian Geodetic Datum as defined in Gazette No. 84 of 6 October 1966.
instrument under this Act does not include the regulations.
this Act includes the regulations.
title means a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority.
Division 2—Certain points etc. specified in an International Sea‑bed Agreement to be ascertained by other means
150X Certain points etc. specified in an International Sea‑bed Agreement to be ascertained by other means
(1) In this section:
International Sea‑bed Agreement means:
(a) the Agreement between Australia and Indonesia establishing certain sea‑bed boundaries signed at Canberra on 18th May, 1971; or
(b) the Agreement between Australia and Indonesia establishing certain sea‑bed boundaries in the area of the Timor and Arafura Seas supplementary to the Agreement referred to in paragraph (a) and signed at Jakarta on 9 October, 1972; or
(c) the Agreement between Australia and Indonesia concerning certain boundaries between Papua New Guinea and Indonesia signed at Jakarta on 12 February, 1973; or
(d) the Treaty between Australia and the Independent State of Papua New Guinea concerning sovereignty and maritime boundaries in the area between the 2 countries, including the area known as the Torres Strait, and related matters that was signed at Sydney on 18 December 1978.
(2) If, for the purposes of this Act or the regulations, or for the purposes of an instrument under this Act or the regulations, it is necessary to determine the position on the surface of the Earth of a point or line specified in an International Sea‑bed Agreement, or of a point on, or part of, such a line, that position must be determined in accordance with that Agreement or, if that Agreement is varied, in accordance with that Agreement as varied for the time being.
Part IIIC—National Offshore Petroleum Safety Authority
Division 1—Introduction
150XA Simplified outline
The following is a simplified outline of this Part:
• This Part establishes the National Offshore Petroleum Safety Authority.
• The Safety Authority has functions in relation to the occupational health and safety of persons engaged in offshore petroleum operations.
• There is to be a Chief Executive Officer (CEO) of the Safety Authority.
• The National Offshore Petroleum Safety Authority Board is established.
• The main function of the Board is to give advice, and make recommendations, to the CEO about the operational policies and strategies to be followed by the Safety Authority in the performance of its functions.
• The CEO may appoint OHS inspectors.
150XB Definitions
In this Part, unless the contrary intention appears:
Board means the National Offshore Petroleum Safety Authority Board established by section 150XL.
Board member means a member of the Board, and includes the Chair of the Board.
CEO means the Chief Executive Officer of the Safety Authority.
Commonwealth waters means the waters of the sea that comprise the adjacent areas of each State and of each Territory.
designated coastal waters, in relation to a State or the Northern Territory, has the meaning given by section 150XC.
facility means:
(a) a facility (within the meaning of Schedule 7 to this Act as in force on or after 1 January 2005) located in Commonwealth waters; or
(b) a facility (within the meaning of the provisions of a State or Territory PSLA that substantially correspond to Schedule 7 of this Act as in force on or after 1 January 2005) located in the designated coastal waters of the State or of the Northern Territory, as the case may be.
In applying this definition before 1 January 2005, assume that Schedule 7, and the provisions of a State or Territory PSLA that substantially correspond to Schedule 7 of this Act as in force on or after 1 January 2005, had commenced at the same time as the commencement of this section.
offshore petroleum operations means any operations (including diving operations) that:
(a) relate to:
(i) the exploration for petroleum; or
(ii) the recovery, processing, storage, offloading or piped conveyance of petroleum; and
(b) if the operations are diving operations—take place in Safety Authority waters; and
(c) if the operations are not diving operations—take place:
(i) in Safety Authority waters; and
(ii) at a facility.
OHS inspector means a person appointed as an OHS inspector under section 150YL.
operation includes an activity to which the core regulatory provisions of a State or Territory PSLA apply. For this purpose, the core regulatory provisions are the provisions that substantially correspond to Part III of this Act.
responsible Northern Territory Minister means the Minister of the Northern Territory who is responsible for the Territory PSLA.
responsible State Minister, in relation to a State, means the Minister of that State who is responsible for the State PSLA.
Safety Authority means the National Offshore Petroleum Safety Authority established by section 150XD.
Safety Authority waters means:
(a) Commonwealth waters; and
(b) the designated coastal waters of each State and of the Northern Territory.
Safety Levies Act means the Offshore Petroleum (Safety Levies) Act 2003.
section 140H OHS laws means the laws designated as section 140H OHS laws under subsection 140H(2).
staff, in relation to the Safety Authority, includes, for the purposes of sections 150XI and 150YP, a person who is appointed as an OHS inspector under this Part, whether or not that person is engaged under the Public Service Act 1999 for the purposes of subsection 150YH(1).
State PSLA means:
(a) in relation to New South Wales—the Petroleum (Submerged Lands) Act 1982 of that State; or
(b) in relation to Victoria—the Petroleum (Submerged Lands) Act 1982 of that State; or
(c) in relation to Queensland—the Petroleum (Submerged Lands) Act 1982 of that State; or
(d) in relation to Western Australia—the Petroleum (Submerged Lands) Act 1982 of that State; or
(e) in relation to South Australia—the Petroleum (Submerged Lands) Act 1982 of that State; or
(f) in relation to Tasmania—the Petroleum (Submerged Lands) Act 1982 of that State.
Territory PSLA means the Petroleum (Submerged Lands) Act of the Northern Territory.
150XC Designated coastal waters
(1) For the purposes of this Part, designated coastal waters, in relation to a State or the Northern Territory, means:
(a) so much of the area described in Schedule 2 under the heading that refers to that State or Territory as comprises the first 3 nautical miles seaward of the baseline of Australia’s territorial sea adjacent to that State or Territory (including the first 3 nautical miles of the territorial sea adjacent to any island forming part of that State or Territory); and
(b) subject to subsection (2), any area that:
(i) is within the area described in Schedule 2 under the heading that refers to that State or Territory; and
(ii) is seaward of the coastline of that State or Territory at mean low water and landward of the inner limit of Australia’s territorial sea; and
(iii) was, immediately before the commencement of the relevant State or Territory PSLA, the subject of an exploration permit for petroleum subsisting under this Act.
(2) For the purposes of this Part, if (whether before or after the commencement of this subsection) an area that is within the designated coastal waters of a State or Territory because it is described in subparagraphs (1)(b)(i), (ii) and (iii) became or becomes an area that is:
(a) not the subject of a permit under the relevant State or Territory PSLA; and
(b) not the subject of a lease under the relevant State or Territory PSLA; and
(c) not the subject of a licence under the relevant State or Territory PSLA; and
(d) not the subject of an application for a lease or licence under the relevant State or Territory PSLA;
the area is taken to have ceased to be part of the designated coastal waters of that State or Territory.
Division 2—Establishment, functions and powers of the Safety Authority
150XD Establishment of the National Offshore Petroleum Safety Authority
The National Offshore Petroleum Safety Authority is established by this section.
150XE Safety Authority’s functions
The Safety Authority has the following functions:
(a) the functions conferred on it by or under this Act in relation to offshore petroleum operations in Commonwealth waters;
(b) the functions conferred on it by or under a State PSLA or the Territory PSLA in relation to offshore petroleum operations in the designated coastal waters of that State or Territory;
(c) to promote the occupational health and safety of persons engaged in offshore petroleum operations;
(d) to develop and implement effective monitoring and enforcement strategies to secure compliance by persons with their occupational health and safety obligations under this Act and the regulations;
(e) to:
(i) investigate accidents, occurrences and circumstances that affect, or have the potential to affect, the occupational health and safety of persons engaged in offshore petroleum operations in Commonwealth waters; and
(ii) to report, as appropriate, to the Commonwealth Minister, and to each responsible State or Northern Territory Minister, on those investigations;
(f) to advise persons, either on its own initiative or on request, on occupational health and safety matters relating to offshore petroleum operations;
(g) to make reports, including recommendations, to:
(i) the Commonwealth Minister; and
(ii) each responsible State or Northern Territory Minister;
on issues relating to the occupational health and safety of persons engaged in offshore petroleum operations;
(h) to cooperate with:
(i) other Commonwealth agencies having functions relating to offshore petroleum operations; and
(ii) State or Northern Territory agencies having functions relating to offshore petroleum operations; and
(iii) the Designated Authorities of the States and the Northern Territory.
150XF Policy principles
(1) The Commonwealth Minister may give written policy principles to the Safety Authority about the performance of its functions.
Note: For agreement and consultation requirements, see subsections (2) and (3).
(2) The Commonwealth Minister must not give a policy principle that relates wholly or principally to the Safety Authority’s operations in the designated coastal waters of one or more of the States and the Northern Territory unless the Commonwealth Minister has obtained the agreement of each responsible State and Northern Territory Minister concerned.
(3) Before giving a policy principle that is not covered by subsection (2), the Commonwealth Minister must consult each responsible State and Northern Territory Minister.
(4) The Commonwealth Minister must cause a copy of the policy principles to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which they were given to the Safety Authority.
(5) The Safety Authority must comply with the policy principles (if any) when performing its functions.
150XG Safety Authority’s ordinary powers
(1) The Safety Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2) The Safety Authority’s powers include, but are not limited to, the following powers:
(a) the power to acquire, hold and dispose of real and personal property;
(b) the power to enter into contracts;
(c) the power to lease the whole or any part of any land or building for the purposes of the Safety Authority;
(d) the power to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Safety Authority;
(e) the power to conduct research and development projects and to cooperate with others in such projects;
(f) the power to apply for and hold patents and exploit patents;
(g) the power to do anything incidental to any of its functions.
(3) Any real or personal property held by the Safety Authority is taken to be the property of the Commonwealth.
(4) Any money received by the Safety Authority is taken to be received by the Safety Authority on behalf of the Commonwealth.
150XH References to functions and powers of the Safety Authority
For the avoidance of doubt, a reference in this Part (other than section 150XI) to the functions or powers of the Safety Authority includes a reference to the functions or powers conferred on the Safety Authority by or under a State or Territory PSLA.
150XI Safety Authority may be given additional powers in certain circumstances
States or Northern Territory may empower Safety Authority to exercise powers in other places and circumstances
(1) If a law of a State or of the Northern Territory provides for the Safety Authority, or members of the staff of the Safety Authority, to exercise powers, on or after 1 January 2005, in relation to the occupational health and safety of persons who do work in connection with exploration for petroleum or the recovery, processing, storage, offloading or piped conveyance of petroleum:
(a) in waters of the sea:
(i) that are landward of the baseline of Australia’s territorial sea adjacent to the State or Territory; and
(ii) that are not designated coastal waters of the State or Territory; or
(b) within the limits of the State or Territory, including internal waters of that State or Territory;
the Safety Authority and those members of staff may exercise those powers in those waters or in that State or Territory but are not obliged to do so.
(2) A law of a State or of the Northern Territory that confers powers on the Safety Authority or on the staff of the Safety Authority in accordance with subsection (1) may only provide for the exercise of those powers in respect of a vessel or structure (however described):
(a) that is involved in one or more of the activities referred to in subsection (1); and
(b) that is owned or controlled, or that is being constructed, operated or decommissioned, by a corporation to which paragraph 51(xx) of the Constitution applies.
Must be agreement as to fees payable to support Safety Authority’s provision of services
(3) Neither the Safety Authority nor members of the staff of the Safety Authority can exercise powers in a place referred to in subsection (1) unless there is agreement between the Commonwealth and the State or Territory concerned as to the fees payable by the State or Territory to the Safety Authority, on behalf of the Commonwealth, for the exercise of those powers.
150XJ Power to refer matters to NOGSAC
(1) The Safety Authority may refer a matter to the NOGSAC body for advice.
(2) For the purposes of this section, the NOGSAC body is:
(a) the body known as the National Oil and Gas Safety Advisory Committee; or
(b) if that body is disbanded—any successor body with similar membership and functions.
(3) A matter referred under subsection (1) must be of a general nature and must not relate to a particular case.
150XK Safety Authority is a body corporate
(1) The Safety Authority:
(a) is a body corporate; and
(b) must have a seal; and
(c) may sue and be sued.
Seal
(2) The seal of the Safety Authority must be kept in such custody as the CEO directs, and must not be used except as authorised by the CEO.
(3) All courts, judges and persons acting judicially must:
(a) take judicial notice of the imprint of the seal of the Safety Authority appearing on a document; and
(b) presume that the document was duly sealed.
Subdivision A—Establishment, functions and membership
150XL Establishment of Board
The National Offshore Petroleum Safety Authority Board is established by this section.
150XM Functions of the Board
(1) The Board has the following functions:
(a) to give advice, and make recommendations, to the CEO about the operational policies and strategies to be followed by the Safety Authority in the performance of its functions;
(b) to give advice, and make recommendations, to:
(i) the Commonwealth Minister; and
(ii) a responsible State Minister; and
(iii) the responsible Northern Territory Minister; and
(iv) the body known as the Ministerial Council on Mineral and Petroleum Resources;
about either or both of the following:
(v) policy or strategic matters relating to the occupational health and safety of persons engaged in offshore petroleum operations;
(vi) the performance by the Safety Authority of its functions;
(c) such other functions (if any) as are specified in a written notice given by the Commonwealth Minister to the Chair of the Board.
(2) A notice under paragraph (1)(c) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(3) As soon as practicable after the Board gives advice, or makes recommendations, under paragraph (1)(b) to:
(a) a responsible State Minister; or
(b) the responsible Northern Territory Minister; or
(c) the body known as the Ministerial Council on Mineral and Petroleum Resources;
the Board must give the Commonwealth Minister a written copy of that advice or those recommendations.
150XN Powers of the Board
The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
150XO Membership
(1) The Board consists of the following members:
(a) a Chair;
(b) 4 or 6 other members.
Note: Section 18B of the Acts Interpretation Act 1901 deals with the title of the Chair.
(2) The performance of the functions, or the exercise of the powers, of the Board is not affected only because of there being a vacancy or vacancies in the membership of the Board.
(3) Board members are to be appointed by the Commonwealth Minister by written instrument.
Note: For re‑appointment, see subsection 33(4A) of the Acts Interpretation Act 1901.
(4) Each person appointed as a Board member must have been selected for appointment by the body known as the Ministerial Council on Mineral and Petroleum Resources.
Note: The Chair is a Board member appointed by the Commonwealth Minister as the Chair.
Subdivision B—Board procedures
150XP Board procedures
(1) The Commonwealth Minister may, by writing, determine matters relating to the operation of the Board, including (but not limited to) the following:
(a) procedures for convening Board meetings;
(b) the constitution of a quorum for a Board meeting;
(c) procedures for conducting Board meetings, including (but not limited to) the way the Board may resolve matters;
(d) disclosure of interests;
(e) Board records;
(f) reporting requirements, including (but not limited to) reports to the Commonwealth Minister and to the public.
(2) If no determination is in force for the purposes of a paragraph of subsection (1), the Board may operate in the way it determines in respect of the matters described in that paragraph.
(3) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subdivision C—Terms and conditions for Board members
150XQ Term of appointment and related matters for Board members
(1) A Board member is to be appointed on a part‑time basis.
(2) A Board member holds office for the period that is specified in the instrument of appointment. The period must not exceed 3 years.
Note: For re‑appointment, see subsection 33(4A) of the Acts Interpretation Act 1901.
150XR Remuneration and allowances of Board members
(1) A Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Board member is to be paid the remuneration that is determined by the Commonwealth Minister.
(2) However, if a Board member is in full‑time employment with:
(a) a State or the Northern Territory; or
(b) an instrumentality of a State or of the Northern Territory;
the Board member is not to be paid remuneration under subsection (1).
(3) A Board member is to be paid the allowances that are prescribed.
(4) This section has effect subject to the Remuneration Tribunal Act 1973.
150XS Leave of absence of Board members
(1) The Commonwealth Minister may grant leave of absence to the Chair of the Board on the terms and conditions that the Commonwealth Minister determines.
(2) The Chair of the Board may grant leave of absence to another Board member on the terms and conditions that the Chair determines.
150XT Resignation of Board members
A Board member may resign his or her appointment by giving the Commonwealth Minister a written resignation.
150XU Termination of appointment of Board members
(1) The Commonwealth Minister may terminate the appointment of a Board member for misbehaviour or physical or mental incapacity.
(2) The Commonwealth Minister may terminate the appointment of a Board member if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or
(c) the member fails, without reasonable excuse, to comply with a section 150XP determination to the extent to which the determination relates to disclosure of interests; or
(d) the Commonwealth Minister is satisfied that the performance of the member has been unsatisfactory for a significant period.
(3) The Commonwealth Minister must consult all responsible State Ministers and the responsible Northern Territory Minister before terminating the appointment of a Board member.
150XV Other terms and conditions of Board members
A Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.
150XW Acting Board members
(1) The Commonwealth Minister may appoint a person to act as the Chair of the Board:
(a) during a vacancy in the office of Chair of the Board, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chair of the Board is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
(2) The Commonwealth Minister may appoint a person to act as a Board member (other than the Chair of the Board):
(a) during a vacancy in the office of a Board member (other than the Chair of the Board), whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when a Board member (other than the Chair of the Board) is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
(3) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Note: See section 33A of the Acts Interpretation Act 1901.
Division 4—Chief Executive Officer and staff of the Safety Authority
150XX Appointment of the CEO
(1) There is to be a Chief Executive Officer of the Safety Authority.
(2) The CEO is to be appointed by the Commonwealth Minister by written instrument.
(3) The Commonwealth Minister must not appoint a person as CEO unless the person is recommended to the Commonwealth Minister by the body known as the Ministerial Council on Mineral and Petroleum Resources.
(4) The CEO is to be appointed on a full‑time basis.
(5) The CEO holds office for the period that is specified in the instrument of appointment. The period must not exceed 5 years.
Note: For re‑appointment, see subsection 33(4A) of the Acts Interpretation Act 1901.
150XY Duties of the CEO
(1) The CEO is responsible for managing the Safety Authority.
(2) Anything done by the CEO in the name of the Safety Authority or on the Safety Authority’s behalf is taken to have been done by the Safety Authority.
150XZ Working with the Board
(1) The CEO must request the Board’s advice on strategic matters relating to the performance of the Safety Authority’s functions.
(2) The CEO must have regard to the advice given to him or her by the Board (whether or not the advice was given in response to a request).
(3) The CEO must:
(a) keep the Board informed of the Safety Authority’s operations; and
(b) give the Board such reports, documents and information in relation to those operations as the Chair of the Board requires.
(4) The CEO may attend Board meetings as an observer (including by telephone or other means).
150Y Remuneration and allowances of the CEO
(1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is determined by the Commonwealth Minister.
(2) The CEO is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
150YA Leave of absence of the CEO
(1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Commonwealth Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Commonwealth Minister determines.
150YB Resignation of the CEO
The CEO may resign his or her appointment by giving the Commonwealth Minister a written resignation.
150YC Notification of possible conflict of interest by CEO
Immediately after the CEO:
(a) acquires any interest, pecuniary or otherwise, that could conflict with the proper performance of his or her duties; or
(b) becomes aware that any interest, pecuniary or otherwise, that:
(i) he or she has; or
(ii) he or she is likely to acquire;
could conflict with the proper performance of his or her duties;
the CEO must notify the Commonwealth Minister, in writing, of that interest.
150YD Termination of CEO’s appointment
Termination
(1) The Commonwealth Minister may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.
(2) The Commonwealth Minister may terminate the appointment of the CEO if:
(a) the CEO:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the CEO is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the CEO engages, except with the Commonwealth Minister’s approval, in paid employment outside the duties of his or her office; or
(d) the CEO fails, without reasonable excuse, to comply with section 150YC; or
(e) the Commonwealth Minister is satisfied that the performance of the CEO has been unsatisfactory for a significant period.
Conflict of interest
(3) If the Commonwealth Minister becomes aware, whether because of a notification under section 150YC or otherwise, that the CEO has an interest that could conflict with the proper performance of the CEO’s duties, the Commonwealth Minister must make a written determination either that the interest does, or that it does not, pose a significant risk of a conflict of interest.
(4) If the Commonwealth Minister determines that the interest poses a significant risk, the Commonwealth Minister must require the CEO to dispose of that interest within a period specified by the Commonwealth Minister.
(5) If:
(a) the Commonwealth Minister requires the CEO to dispose of an interest; and
(b) the CEO refuses or fails to comply with that requirement;
the Commonwealth Minister must terminate the appointment of the CEO.
150YE Other terms and conditions
The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.
150YF Acting appointments
(1) The Commonwealth Minister may appoint a person to act as the CEO:
(a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
(2) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Note: See section 33A of the Acts Interpretation Act 1901.
150YG Delegation by CEO
(1) The CEO may, by writing, delegate any or all of his or her functions or powers (except a power conferred by section 150YL) to:
(a) a member of staff of the Safety Authority; or
(b) an employee of the Commonwealth or of a Commonwealth authority; or
(c) an employee of a State or of the Northern Territory or of an authority of a State or of the Northern Territory.
(2) In exercising powers under the delegation, the delegate must comply with any directions of the CEO.
Note: See sections 34AA to 34A of the Acts Interpretation Act 1901.
150YH Staff of the Safety Authority
(1) The staff of the Safety Authority must be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and
(b) the CEO is the Head of that Statutory Agency.
150YI Consultants and persons seconded to the Safety Authority
(1) The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the Safety Authority in connection with the performance of any of its functions or the exercise of any of its powers.
(2) The terms and conditions of engagement of persons engaged under subsection (1) are such as the CEO determines in writing.
(3) The Safety Authority may also be assisted:
(a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999), and of authorities of the Commonwealth; or
(b) by officers and employees of, or of authorities of, a State or the Northern Territory;
whose services are made available to the Safety Authority in connection with the performance of any of its functions or the exercise of any of its powers.
Division 5—Corporate plans
150YJ Corporate plans
(1) The CEO must prepare a corporate plan for the Safety Authority at least once every 3 years and give the plan to the Commonwealth Minister.
(2) The plan must cover a period of at least 3 years.
(3) The CEO must keep the Commonwealth Minister informed about:
(a) significant changes to the plan; and
(b) matters that arise that might significantly affect the achievement of the objectives of the plan.
(4) The plan must include details of the following matters:
(a) the Safety Authority’s operational environment;
(b) the Safety Authority’s strategies;
(c) performance indicators for the Safety Authority;
(d) a review of performance against previous corporate plans;
(e) an analysis of risk factors likely to affect the safety of offshore petroleum operations;
(f) human resource strategies and industrial relations strategies.
(5) The plan must also cover any other matters required by the Commonwealth Minister, which may include further details about the matters in subsection (4).
150YK Commonwealth Minister’s response to corporate plan
(1) On receiving a corporate plan, the Commonwealth Minister must:
(a) provide a copy of the plan to each responsible State or Northern Territory Minister; and
(b) consult those Ministers on the content of the plan.
(2) The Commonwealth Minister must respond to the plan as soon as practicable after completion of those consultations.
(3) The Commonwealth Minister’s response may include a written direction to the CEO to vary the plan. However, a direction under this subsection must not be given in respect of particular offshore petroleum operations.
(4) The Commonwealth Minister’s response must set out the reasons for giving a direction.
(5) If the Commonwealth Minister’s response includes a direction to vary the corporate plan, the CEO must prepare a revised plan and give it to the Commonwealth Minister within 30 days after being given the response.
(6) The Commonwealth Minister must not approve, or direct the variation of, a part of a corporate plan that relates specifically to operations of the Safety Authority in the designated coastal waters of one or more of the States without the approval of the responsible State Minister or responsible State Ministers concerned.
(7) The Commonwealth Minister must not approve, or direct the variation of, a part of a corporate plan that relates specifically to operations of the Safety Authority in the designated coastal waters of the Northern Territory without the approval of the responsible Northern Territory Minister.
Division 6—OHS inspectors
150YL Appointment of OHS inspectors
(1) The CEO may, by writing, appoint persons as OHS inspectors.
(2) The CEO may only appoint as OHS inspectors persons who are:
(a) members of the staff of the Safety Authority; or
(b) employees of the Commonwealth or of a Commonwealth authority; or
(c) employees of a State or of the Northern Territory or of an authority of a State or of the Northern Territory.
(3) Despite subsection (2), the CEO may appoint persons who are not covered by paragraph (2)(a), (b) or (c) as OHS inspectors, so long as the appointment is for a specified period and for the performance of specified functions.
(4) In addition to the powers, functions and duties conferred or imposed by or under this Act, an OHS inspector has all the powers, functions and duties that are conferred or imposed by or under a State PSLA or the Territory PSLA.
150YM Identity cards
(1) The Safety Authority must issue an identity card to each OHS inspector:
(a) stating that he or she is an OHS inspector for the purposes of this Act; and
(b) if the OHS inspector is appointed for a limited period and in respect only of particular functions—specifying that period and those functions.
(2) The identity card must:
(a) be in the form prescribed by the regulations; and
(b) contain a recent photograph of the OHS inspector.
(3) A person is guilty of an offence if:
(a) the person has been issued with an identity card for the purposes of this section; and
(b) the person ceases to be an OHS inspector; and
(c) the person does not return the identity card to the Safety Authority as soon as practicable.
Penalty: 1 penalty unit.
(4) However, the person is not guilty of the offence if the identity card was lost or destroyed.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3) of the Criminal Code.
(5) A person to whom an identity card is issued under this section must carry the identity card at all times when carrying out functions as an OHS inspector.
Note: For requirements to produce the card when entering premises, see clauses 31, 31A and 31B of Schedule 7.
(1) The National Offshore Petroleum Safety Account is established by this section.
(2) The Account is a Special Account for the purposes of the Financial Management and Accountability Act 1997.
150YO Credits to the Account
The following amounts must be credited to the Account:
(b) amounts equal to amounts paid to the Safety Authority on behalf of the Commonwealth by way of fees paid under regulations made for the purposes of subsection 150YQ(1);
(c) amounts equal to the following amounts paid to the Safety Authority on behalf of the Commonwealth:
(i) amounts paid by way of safety investigation levy imposed by the Safety Levies Act;
(ii) amounts paid by way of late payment penalty under subsection 150YR(2);
(d) amounts equal to the following amounts paid to the Safety Authority on behalf of the Commonwealth:
(i) amounts paid by way of safety case levy imposed by the Safety Levies Act;
(ii) amounts paid by way of late payment penalty under subsection 150YS(4);
(e) amounts equal to the following amounts paid to the Safety Authority on behalf of the Commonwealth:
(i) amounts paid by way of pipeline safety management plan levy imposed by the Safety Levies Act;
(ii) amounts paid by way of late payment penalty under subsection 150YT(2);
(f) amounts equal to amounts paid to the Safety Authority, on behalf of the Commonwealth, by a State or the Northern Territory under an agreement referred to in subsection 150XI(3);
(g) amounts equal to any other amounts paid to the Safety Authority, on behalf of the Commonwealth, by a State or the Northern Territory;
(h) amounts equal to any other amounts paid to the Safety Authority on behalf of the Commonwealth.
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
150YP Purposes of the Account
The purposes of the Account are as follows:
(a) to pay or discharge the costs, expenses and other obligations incurred by the Safety Authority in the performance of its functions or the exercise of its powers;
(b) to pay any remuneration or allowances payable to Board members, the CEO and the staff of the Safety Authority;
(c) to make any other payments that the Safety Authority is authorised to make by or under any law of a State or of the Northern Territory that confers powers on the Safety Authority or on the staff of the Safety Authority in the area and under circumstances described in section 150XI.
Note: See section 21 of the Financial Management and Accountability Act 1997.
Division 8—Other financial matters
150YQ Fees for services provided by the Safety Authority
Fees
(1) The regulations may provide for the payment to the Safety Authority, on behalf of the Commonwealth, of fees in relation to services provided by the Safety Authority.
(2) Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.
Recovery of fees
(3) Each fee:
(a) is a debt due to the Safety Authority on behalf of the Commonwealth; and
(b) is recoverable by the Safety Authority, on behalf of the Commonwealth, in a court of competent jurisdiction.
150YR Safety investigation levy
When safety investigation levy becomes due and payable
(1) Safety investigation levy imposed by the Safety Levies Act becomes due and payable at the time specified in, or worked out in accordance with, the regulations.
Late payment penalty
(2) If safety investigation levy payable by a person under the Safety Levies Act remains wholly or partly unpaid after it becomes due and payable, the person is liable to pay a late payment penalty under this section.
(3) The late payment penalty is calculated at the rate of 0.33% per day on the amount of the safety investigation levy remaining unpaid.
(4) The Safety Authority may remit the whole or a part of an amount of late payment penalty if the Safety Authority considers that there are good reasons for doing so.
Recovery of safety investigation levy and late payment penalty
(5) Each amount of safety investigation levy, and each amount of late payment penalty payable in respect of safety investigation levy:
(a) is a debt due to the Safety Authority on behalf of the Commonwealth; and
(b) is recoverable by the Safety Authority, on behalf of the Commonwealth, in a court of competent jurisdiction.
150YS Safety case levy
Remittal
(1) The regulations may make provision for the remittal of part of an amount of safety case levy imposed by the Safety Levies Act in respect of a facility and a year if:
(a) the facility is of a kind declared by the regulations to be a facility that operates on an intermittent basis; and
(b) the facility in fact only operates for a part of that year.
(2) The regulations may make provision for the remittal of part of an amount of safety case levy imposed by the Safety Levies Act in respect of a facility and a part of a year if:
(a) the facility is of a kind declared by the regulations to be a facility that operates on an intermittent basis; and
(b) the facility in fact only operates for a part of that part of the year.
When safety case levy becomes due and payable
(3) Safety case levy imposed by the Safety Levies Act becomes due and payable at the time specified in, or worked out in accordance with, the regulations.
Late payment penalty
(4) If safety case levy payable by a person under the Safety Levies Act remains wholly or partly unpaid after it becomes due and payable, the person is liable to pay a late payment penalty under this section.
(5) The late payment penalty is calculated at the rate of 0.33% per day on the amount of the safety case levy remaining unpaid.
(6) The Safety Authority may remit the whole or a part of an amount of late payment penalty if the Safety Authority considers that there are good reasons for doing so.
Recovery of safety case levy and late payment penalty
(7) Each amount of safety case levy, and each amount of late payment penalty payable in respect of safety case levy:
(a) is a debt due to the Safety Authority on behalf of the Commonwealth; and
(b) is recoverable by the Safety Authority, on behalf of the Commonwealth, in a court of competent jurisdiction.
Definitions
(8) In this section:
facility:
(a) in relation to safety case levy imposed by section 7 of the Safety Levies Act—has the same meaning as in that section; or
(b) in relation to safety case levy imposed by section 8 of the Safety Levies Act—has the same meaning as in that section.
year has the same meaning as in the Safety Levies Act.
150YT Pipeline safety management plan levy
When pipeline safety management plan levy becomes due and payable
(1) Pipeline safety management plan levy imposed by the Safety Levies Act becomes due and payable at the time specified in, or worked out in accordance with, the regulations.
Late payment penalty
(2) If pipeline safety management plan levy payable by a person under the Safety Levies Act remains wholly or partly unpaid after it becomes due and payable, the person is liable to pay a late payment penalty under this section.
(3) The late payment penalty is calculated at the rate of 0.33% per day on the amount of the pipeline safety management plan levy remaining unpaid.
(4) The Safety Authority may remit the whole or a part of an amount of late payment penalty if the Safety Authority considers that there are good reasons for doing so.
Recovery of pipeline safety management plan levy and late payment penalty
(5) Each amount of pipeline safety management plan levy, and each amount of late payment penalty payable in respect of pipeline safety management plan levy:
(a) is a debt due to the Safety Authority on behalf of the Commonwealth; and
(b) is recoverable by the Safety Authority, on behalf of the Commonwealth, in a court of competent jurisdiction.
150YU Liability to taxation
(1) The Safety Authority is not subject to taxation under the laws of the Commonwealth or of a State or Territory.
(2) However, the regulations may provide that subsection (1) does not apply in relation to a specified law of the Commonwealth or of a State or Territory.
Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.
Division 9—Miscellaneous
150YV Annual reports
Safety Authority
(1) The CEO must, as soon as practicable after 30 June in each year:
(a) prepare and give to the Commonwealth Minister a report of the Safety Authority’s operations during the year ending on that 30 June; and
(b) give a copy of that report to:
(i) each responsible State Minister; and
(ii) the responsible Northern Territory Minister; and
(iii) the body known as the Ministerial Council on Mineral and Petroleum Resources.
Note: See also section 34C of the Acts Interpretation Act 1901.
(2) A report under subsection (1) must include such other matters as are prescribed in the regulations.
Board
(3) The Chair of the Board must, as soon as practicable after 30 June in each year:
(a) prepare and give to the Commonwealth Minister a report of the Board’s operations during the year ending on that 30 June; and
(b) give a copy of that report to:
(i) each responsible State Minister; and
(ii) the responsible Northern Territory Minister; and
(iii) the body known as the Ministerial Council on Mineral and Petroleum Resources.
Note: See also section 34C of the Acts Interpretation Act 1901.
Tabling of reports
(4) The Commonwealth Minister must cause a copy of each report under this section to be tabled in each House of the Parliament within 15 sitting days of that House after receiving the report.
150YW Ministers may require the Safety Authority to prepare reports or give information
Reports
(1) The Commonwealth Minister or a responsible State or Northern Territory Minister may, by written notice given to the Safety Authority, require the Safety Authority:
(a) to prepare a report about one or more specified matters relating to the performance of the Safety Authority’s functions or the exercise of the Safety Authority’s powers; and
(b) give a copy of the report to:
(i) the Commonwealth Minister; and
(ii) each responsible State Minister; and
(iii) the responsible Northern Territory Minister;
within the period specified in the notice.
Information
(2) The Commonwealth Minister or a responsible State or Northern Territory Minister may, by written notice given to the Safety Authority, require the Safety Authority to:
(a) prepare a document setting out specified information relating to the performance of the Safety Authority’s functions or the exercise of the Safety Authority’s powers; and
(b) give a copy of the document to:
(i) the Commonwealth Minister; and
(ii) each responsible State Minister; and
(iii) the responsible Northern Territory Minister;
within the period specified in the notice.
Compliance with requirement
(3) The Safety Authority must comply with a requirement under subsection (1) or (2).
150YX Commonwealth Minister may give directions to the Safety Authority
Minister may give directions
(1) The Commonwealth Minister may give written directions to the Safety Authority as to the performance of its functions or the exercise of its powers.
Note: For agreement and consultation requirements, see subsections (7) and (11).
(2) Directions given by the Commonwealth Minister must not relate to operations at a particular facility.
(3) Subsection (2) does not prevent the Commonwealth Minister from directing the Safety Authority to investigate a particular occurrence in relation to a facility located in Safety Authority waters.
Responsible State/Northern Territory Minister may request the Commonwealth Minister to give a direction
(4) A responsible State Minister or the responsible Northern Territory Minister may request the Commonwealth Minister to give a direction to the Safety Authority that relates wholly or principally to the Safety Authority’s operations in the designated coastal waters of the relevant State or the Northern Territory, as the case may be.
(5) The Commonwealth Minister must use his or her best endeavours to make a decision on the request within 30 days after receiving the request.
(6) If the Commonwealth Minister refuses the request, the Commonwealth Minister must give the Minister who made the request a written statement setting out the reasons for the refusal.
Agreement of responsible State/Northern Territory Ministers
(7) The Commonwealth Minister must not give a direction that relates wholly or principally to the Safety Authority’s operations in the designated coastal waters of one or more of the States and the Northern Territory unless the Commonwealth Minister has obtained the agreement of each responsible State or Northern Territory Minister concerned (the affected Minister or Ministers).
Urgency
(8) If the Commonwealth Minister is satisfied that the circumstances of a case are sufficiently urgent to warrant it, the Commonwealth Minister may, despite subsection (7), give a direction to the Safety Authority without obtaining the agreement of the affected Minister or Ministers concerned.
(9) If the Commonwealth Minister gives a direction as mentioned in subsection (8), the direction expires at the end of the 30‑day period beginning on the day on which the direction was given unless, before the end of that period, the Commonwealth Minister has obtained the agreement of the affected Minister or Ministers concerned.
(10) If a direction expires because of subsection (9), this Act does not prevent the Commonwealth Minister from giving a subsequent direction in the same or similar terms as the expired direction.
Consultation with responsible State/Northern Territory Ministers
(11) Before giving a direction that is not covered by subsection (7), the Commonwealth Minister must consult each responsible State or Northern Territory Minister.
Compliance with directions
(12) The Safety Authority must comply with any direction given by the Commonwealth Minister under this section.
Other provisions do not limit this section
(13) Sections 150XF and 150YW do not limit the scope of the directions that may be given by the Commonwealth Minister under this section.
150YY Prosecutions by the Director of Public Prosecutions under mirror provisions
The Commonwealth Director of Public Prosecutions has the functions and powers (including the power to institute and carry on appeals arising out of prosecutions of offences) conferred on him or her by or under an Act or regulation of a State or of the Northern Territory in relation to offences under laws that substantially correspond to section 140H OHS laws.
150YZ Australian Industrial Relations Commission may exercise powers under mirror provisions
(1) If the laws of a State or of the Northern Territory confer appropriate powers and functions on the Australian Industrial Relations Commission to do so, the Australian Industrial Relations Commission may deal with appeals against decisions of an OHS inspector under laws or regulations of that State or Territory that substantially correspond to section 140H OHS laws in respect of which a similar decision can be the subject of an appeal under clause 37 of Schedule 7.
(2) If the laws of a State or of the Northern Territory confer appropriate powers and functions on the Australian Industrial Relations Commission to do so, the Australian Industrial Relations Commission may deal with the resolution of matters under a law of that State or Territory that substantially corresponds to clause 12 of Schedule 7.
150Z Reviews of operations of Safety Authority
(1) The Commonwealth Minister must cause to be conducted reviews of the operations of the Safety Authority in relation to Safety Authority waters.
(2) The Commonwealth Minister must cause to be prepared a report of a review under subsection (1).
(3) The first review is to relate to the 3‑year period beginning on 1 January 2005, and is to be completed within 6 months, or such longer period as the Commonwealth Minister allows, after the end of that 3‑year period.
(4) Subsequent reviews are to relate to successive 3‑year periods, and must be completed within 6 months, or such longer period as the Commonwealth Minister allows, after the end of the 3‑year period to which the review relates.
(5) For the purposes of this section, a review is completed when the report of the review is made available to the Commonwealth Minister.
(6) A responsible State or Northern Territory Minister may give the Commonwealth Minister a written request that a particular review under subsection (1) be conducted in conjunction with another review that:
(a) is a review of the operations of the Safety Authority in the designated coastal waters of the State or of the Northern Territory, as the case may be; and
(b) is being, or is to be, conducted by the responsible State or Northern Territory Minister at the same time.
The Commonwealth Minister must ensure that the request is complied with.
(7) Without limiting the matters to be covered by a review under subsection (1), the review must include an assessment of the effectiveness of the Safety Authority in bringing about improvements in the occupational health and safety of persons engaged in offshore petroleum operations.
(8) The Commonwealth Minister must cause a copy of the report of a review under subsection (1) to be tabled in each House of the Parliament within 15 sitting days of that House after the report of the review is made available to the Commonwealth Minister.
Part IV—Miscellaneous
151 Jurisdiction of courts
(1) Subject to this section:
(a) the several courts of the States are invested with federal jurisdiction; and
(b) jurisdiction is conferred on the several courts of the Territories;
with respect to matters arising under this Act or the regulations, other than matters arising under the applied provisions.
(2) The jurisdiction vested in or conferred on courts by subsection (1) is invested or conferred within the limits, other than limits having effect by reference to localities, of their several jurisdictions, whether those limits are as to subject‑matter or otherwise.
152 Reconsideration and review of certain decisions
(1) In this section:
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
relevant decision means a decision of a delegate of the Minister under this Act or the regulations, being a decision made in the performance of the functions or the exercise of the powers of the Designated Authority in respect of the adjacent area in respect of a Territory referred to in section 7 (including the functions and powers conferred by virtue of subsection 8G(1)).
reviewable decision means:
(a) a decision of the Minister (not being a decision of a delegate of the Minister) under this Act or the regulations, being a decision made in the performance of the functions or the exercise of the powers of the Designated Authority in respect of the adjacent area in respect of a Territory referred to in section 7 (including the functions and powers conferred by virtue of subsection 8G(1)); or
(b) a decision of the Minister under:
(i) subsection 118(1B), (2), (3), (5), (5E) or (5J) of this Act as previously in force; or
(ii) regulations made for the purposes of paragraph 150B(2)(c) or 150C(2)(c), where the decision is of a kind referred to in paragraph 150H(2)(b); or
(iia) regulations made for the purposes of paragraph 150E(2)(c) or 150F(2)(c); or
(iii) subsection (2) or (5) of this section.
(2) A person affected by a relevant decision who is dissatisfied with the decision may, within 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Minister (either before or after the end of that period), by notice in writing served on the person, allows, by notice in writing given to the Minister, request the Minister to reconsider the decision.
(3) There shall be set out in the notice of request the reasons for making the request.
(4) Where the Minister receives a request, the Minister shall, by notice in writing served on the person who made the request, acknowledge receipt of the request.
(5) The Minister shall, within 45 days after the receipt of the request, reconsider the relevant decision and may make a decision:
(a) in substitution for the relevant decision, whether in the same terms as the relevant decision or not; or
(b) revoking the relevant decision.
(6) Where, as a result of a reconsideration under subsection (5), the Minister makes a decision in substitution for or revoking a relevant decision, the Minister shall, by notice in writing served on the person who made the request under subsection (2) for the reconsideration, inform the person of the result of the reconsideration and give reasons for the decision.
(7) Applications may be made to the Administrative Appeals Tribunal for review of a reviewable decision.
(8) Where a relevant decision is made and the person who made the relevant decision gives to a person whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that a person affected by the decision:
(a) may, if the person is dissatisfied with the decision, seek a reconsideration of the decision by the Minister in accordance with subsection (2); and
(b) may, subject to the Administrative Appeals Tribunal Act 1975, if the person is dissatisfied with a decision of the Minister upon that reconsideration, make application to the Administrative Appeals Tribunal for review of that decision.
(9) Where the Minister makes a reviewable decision and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.
(10) Any failure to comply with the requirements of subsection (8) or (9) in relation to a decision does not affect the validity of the decision.
155 Validation of certain acts
Where a person or court has done an act in the purported exercise of a power or function under the law of a State or Territory and that act could have been done by that person or court in the exercise of a power or function under the applied provisions, that act shall be deemed to have been done by that person or court in the exercise of the power or function under those provisions.
157 Regulations
(1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, but without limiting the generality of subsection (1), the regulations may make provision for securing, regulating, controlling or restricting all or any of the following matters:
(a) the exploration for petroleum and the carrying on of operations, and the execution of works, for that purpose;
(b) the recovery of petroleum and the carrying on of operations, and the execution of works, for that purpose;
(c) conserving, and preventing the waste of, the natural resources, whether petroleum or otherwise, of the continental shelf;
(d) the construction and operation of pipelines, water lines, secondary lines, pumping stations, tank stations or valve stations and the carrying on of operations, and the execution of works, for any of those purposes;
(e) the construction, erection, maintenance, operation or use of installations, equipment or facilities;
(f) the control of the flow or discharge, and the prevention of the escape, of petroleum, water or drilling fluid, or a mixture of water or drilling fluid with petroleum or any other matter;
(g) the clean‑up or other remedying of the effects of the escape of petroleum;
(h) the prevention of damage to petroleum‑bearing strata in an area, whether in an adjacent area or not, in respect of which a permit, lease or licence is not in force;
(i) the keeping separate of:
(i) each petroleum pool discovered in a permit area, lease area or licence area; and
(ii) each source of water discovered in a permit area, lease area or licence area;
(j) the prevention of water or other matter from entering a petroleum pool through wells;
(k) the prevention of the waste or escape of petroleum or water from a pipeline, water line, secondary line, pumping station, tank station or valve station;
(l) the maintaining in good condition and repair of all structures, equipment and other property in an adjacent area used or intended to be used for or in connexion with exploration for, or the exploitation of, petroleum in the adjacent area; and
(m) the removal from an adjacent area of structures, equipment and other property brought into the adjacent area for or in connexion with exploration for, or the exploitation of, petroleum that are not used or intended to be used in connexion with exploration for, or the exploitation of, petroleum in the adjacent area.
(2A) The regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a code of practice or standard contained in an instrument (including an instrument issued or made outside Australia), as in force or existing at the time when the regulations take effect or as in force or existing from time to time, being a code of practice or standard that is relevant to that matter.
(2B) Regulations under this section may prohibit the doing of an act or thing either unconditionally or subject to conditions, including conditions requiring the grant, as prescribed by the regulations, of the consent or approval of a person specified in the regulations.
(3) The regulations may, to the extent to which this Act does not do so, provide for the exercise of Australia’s rights, and compliance with Australia’s obligations, under international law in relation to the exploration for, and the exploitation of, petroleum as a natural resource of the continental shelf (whether in an adjacent area or not).
Note: Subsection (1) provides that the regulations must not be inconsistent with this Act.
(4) The regulations may make provisions in relation to the exploration for, and the exploitation of, the natural resources (being petroleum) of the sea‑bed and subsoil of the submarine areas within the territorial limits of the Commonwealth and the Territories similar to the provisions that, under subsection (3), may be made with respect to the exploration for, and the exploitation of, the natural resources (being petroleum) of the continental shelf.
(5) The regulations may provide, in respect of an offence against the regulations, for the imposition of:
(a) a fine not exceeding 100 penalty units; or
(b) a fine not exceeding that amount for each day on which the offence occurs.