This Act sets the legal rules for exploring, drilling, producing and piping petroleum in submerged lands adjacent to Western Australia. It establishes how blocks are defined and allocated, the rights and duties of permit/lease/license holders (including insurance, maintenance, removal and remediation obligations), Ministerial powers to grant, vary or cancel titles and issue directions, and enforcement (fines, cost recovery, court determinations). It matters to companies operating offshore infrastructure, pipeline operators, and the Minister/Joint Authority who decide access and safety conditions (see ss.17, 97A, 101, 102, 103A).
The Petroleum (Submerged Lands) Act 1982 (WA) is the Western Australian statute governing petroleum exploration and production in the State's adjacent offshore area. It establishes the licensing regime through which companies may search for and extract petroleum from the seabed and subsoil of the offshore zone administered by WA.
The Act operates within a broader national framework for offshore petroleum regulation. It was enacted pursuant to an intergovernmental agreement between the Commonwealth, States and the Northern Territory for the cooperative regulation of offshore petroleum activities. Under this framework, each State enacted corresponding legislation, and the Commonwealth enacted Commonwealth legislation (originally the Petroleum (Submerged Lands) Act 1967 (Cth), later succeeded by the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)).
The WA adjacent area (called "the adjacent area" in the Act) is the offshore zone to which the Act applies: broadly, the area of WA's continental shelf within the defined boundary in Schedule 2, lying within the territorial sea of Australia (s 4). The Convention on the Continental Shelf (1958) is the foundational international law instrument referenced in the definitions (s 4).
The Act is very large (nearly 900k chars) and contains detailed provisions for each licence type, the conditions applying to it, and the obligations of titleholders.
Main concepts
Current sections
Direct links to the current provisions in Petroleum (Submerged Lands) Act 1982.
22
Div 1
Preliminary
Division 1 — Preliminary
Delegation 30
Graticulation of Earth’s surface 31
Reservation of blocks 32
18A. Issue of permits etc. in marine reserves 32
Div 2
Exploration permits for petroleum
Division 2 — Exploration permits for petroleum
Exploration for petroleum 33
Advertisement of blocks 33
Application for permits 34
22A. Competing applications for same block 35
Grant or refusal of permit in relation to application 36
23A. Withdrawal of application 37
23B. Application continued after withdrawal of joint applicant 37
23C. Effect of withdrawal or lapse of application 38
Application for permit in respect of surrendered etc. blocks 38
Application fee etc. 40
Consideration of applications 40
Request by applicant for grant of permit in respect of advertised blocks 41
Grant of permit on request 42
27A. Grant of boundary‑change permit 42
Rights conferred by permit 46
Term of permit 47
Application for renewal of permit 48
Application for renewal of permit to be in respect of reduced area 49
32A. Certain permits cannot be renewed more than twice 51
32B. Limits on renewal of boundary‑change permits 51
Grant or refusal of renewal of permit 52
Conditions of permit 55
Discovery of petroleum to be notified 57
Nomination of blocks as location 57
Declaration of location 59
Immediately adjoining blocks 61
Div 2A
Retention leases for petroleum
Division 2A — Retention leases for petroleum
38A. Application by permittee for lease 62
38B. Grant or refusal of lease in relation to application 63
38BA. Application of s. 38A and 38B where permit is transferred 65
38CA. Application by licensee for lease 65
38CB. Grant or refusal of lease in relation to application by licensee 67
38CC. Application of s. 38CA and 38CB if licence is transferred 68
38CD. Grant of lease as result of change to boundary of offshore area 69
38C. Rights conferred by lease 71
38D. Term of lease 72
38E. Notice of intention to cancel lease 72
38F. Application for renewal of lease 74
38G. Grant or refusal of renewal of lease 75
38H. Conditions of lease 78
38J. Discovery of petroleum to be notified 80
Div 3
Production licences for petroleum
Division 3 — Production licences for petroleum
Recovery of petroleum in adjacent area 80
Application by permittee for licence 80
40A. Application for licence by holder of lease 83
Application for licence 83
Determination of rate of royalty 84
Notification as to grant of licence 84
Grant of licence 86
44A. Application of s. 41 to 44 where permit etc. transferred 87
Variation of licence area 87
Determination of permit as to block not taken up by licensee 88
Application for licence in respect of surrendered etc. blocks 90
Application fee etc. 92
Request by applicant for grant of licence 93
Grant of licence on request 95
Grant of licences in respect of individual blocks 96
51A. Grant of licence as result of change to boundary of offshore area 97
Rights conferred by licence 100
Term of licence 100
54A. Termination of licence if no operations for 5 years 101
Application for renewal of licence 101
Grant or refusal of renewal of licence 103
Conditions of licence 106
Directions as to recovery of petroleum 107
Unit development 108
Div 4A
Infrastructure licences
Division 4A — Infrastructure licences
60A. Construction etc. of infrastructure facilities 111
60B. Application for infrastructure licence 112
60C. Notification as to grant of infrastructure licence 112
60D. Notices to be given by Minister 113
60E. Grant of infrastructure licence 114
60F. Rights conferred by infrastructure licence 115
60G. Term of infrastructure licence 115
60H. Termination of infrastructure licence if no operations for 5 years 116
60I. Conditions of infrastructure licence 116
60J. Variation of infrastructure licence 117
Div 4
Pipeline licences
Division 4 — Pipeline licences
60K. Term used: adjacent area 119
Construction etc. of pipeline etc. 119
Acts done in an emergency etc. 120
Removal of pipeline etc. constructed in contravention of Act 120
Terminal station 121
Applications for pipeline licence 122
Grant or refusal of pipeline licence 124
Rights conferred by pipeline licence 128
Term of pipeline licence 128
Termination of pipeline licence if no operations for 5 years 129
Conditions of pipeline licence 130
Variation of pipeline licence on application by pipeline licensee 130
Variation of pipeline licence by Minister 131
Common carrier 132
Ceasing to operate pipeline 132
Div 5
Registration of instruments
Division 5 — Registration of instruments
74J. Term used: title 133
Register of certain instruments to be kept 133
Particulars to be entered in register 133
Memorials to be entered of permits etc. determined etc. 135
Approval and registration of transfers 135
Entries in register on devolution of title 138
Approval of dealings creating etc. interests etc. in existing titles 138
81A. Approval of dealings in future interests etc. 143
True consideration to be shown 145
Minister not concerned with certain matters 145
Power of Minister to require information as to proposed dealings 146
Production and inspection of documents 146
Inspection of register and documents 147
Evidentiary provisions 147
87A. Minister may make corrections to register 148
Application to State Administrative Tribunal for order 149
Offences 149
Assessment of registration fee 150
Review of Minister’s determination 150
Exemption from duty 150
Div 6
General
Division 6 — General
Notice of grants of permits etc. to be published 151
Date of effect of permits etc. 151
Commencement of works 152
Work practices 153
97A. Conditions relating to insurance 155
Maintenance etc. of property 156
Sections 97, 97A and 98 to have effect subject to this Act etc. 157
Directions 158
Compliance with directions 160
Exemption from conditions 161
103A. Variation of petroleum title by including area as result of change to boundary of offshore area 163
Surrender of permits etc. 168
Cancellation of permits etc. 171
Cancellation of permit etc. not affected by other provisions 173
Removal of property etc. by permittee etc. 174
Removal of property etc. by Minister 176
Special prospecting authorities 177
Access authorities 179
Sale of property 184
Minister etc. may require information to be furnished etc. 185
Power to examine on oath 186
Failing to furnish information etc. 187
Exclusion zones 187
Discovery of water 188
Records etc. to be kept 188
123A. Data management: regulations 189
Scientific investigation 190
Interference with other rights 190
124A. Liability for payment of compensation to native title holders 191
124B. Interfering with offshore petroleum installation or operation 192
Inspectors 192
Powers of inspectors 193
126A. Protection from liability for wrongdoing 194
Property in petroleum 194
Suspension of rights conferred by permit 195
Certain payments to be made by State to Commonwealth 195
Determination to be disregarded in certain cases 196
Continuing offences 196
Persons concerned in commission of offences 197
Crimes and other offences 197
Orders for forfeiture in respect of certain offences 197
Disposal of goods 198
Time for bringing proceedings for offences 199
Judicial notice 199
137A. Evidentiary matters 199
Service 201
138A. Service of documents on 2 or more permittees etc. 202
Div 7
Fees and royalties
Division 7 — Fees and royalties
Permit fees 203
139A. Lease fees 204
Licence fees 204
141A. Infrastructure licence fees 204
Pipeline licence fees 204
Time of payment of fees 205
Royalty 205
Reduction of royalty in certain cases 206
Royalty not payable in certain cases 207
145A. Royalty value 208
Ascertainment of well‑head 208
Ascertainment of value 209
Ascertainment of quantity of petroleum recovered 209
Payment of royalty 210
Penalty for late payment 210
Fees, royalties and penalties debts due to the State 210
Part IVA — Release of information
Division 1 — Preliminary
152A. Terms used 212
Division 2 — Protection of confidentiality of information and samples
Subdiv 1
Information and samples obtained by the Minister
Subdivision 1 — Information and samples obtained by the Minister
152B. Protection of confidentiality of information obtained by the Minister 213
152C. Protection of confidentiality of samples obtained by the Minister 213
152D. Information or samples obtained by Minister can be made available to certain persons 214
Subdiv 2
Information and samples obtained by another Minister
Subdivision 2 — Information and samples obtained by another Minister
152E. Protection of confidentiality of information obtained by another Minister 214
152F. Protection of confidentiality of samples obtained by another Minister 215
152G. Information or samples obtained by another Minister can be made available to certain persons 215
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Petroleum (Submerged Lands) Act 1982
Western Australia
Petroleum (Submerged Lands) Act 1982
Contents
Part I — Preliminary
Short title 4
Commencement 4
Petroleum (Submerged Lands) Act 1967 repealed 4
Terms used 4
4A. Meaning of facility and offshore petroleum operation 11
Further provisions as to adjacent area 13
6A. Effect of alteration of adjacent area 14
6B. Infrastructure facilities 16
Meaning of certain references in Act 17
Space above and below adjacent area 18
Application of Act 18
Petroleum pool extending into 2 licence areas or other areas 19
Position on Earth’s surface 26
Part II — Administration of the offshore area
Term used: Commonwealth Act 28
Minister as member of Joint Authority 28
Public service officers performing functions under Commonwealth Act 29
Part III — Mining for petroleum
Division 1 — Preliminary
Delegation 30
Graticulation of Earth’s surface 31
Reservation of blocks 32
18A. Issue of permits etc. in marine reserves 32
Division 2 — Exploration permits for petroleum
Exploration for petroleum 33
Advertisement of blocks 33
Application for permits 34
22A. Competing applications for same block 35
Grant or refusal of permit in relation to application 36
23A. Withdrawal of application 37
23B. Application continued after withdrawal of joint applicant 37
23C. Effect of withdrawal or lapse of application 38
Blocks and graticular sections (s 17): The adjacent area is divided into blocks based on lines of latitude and longitude (graticular sections). Permits, licences and other titles apply to specified blocks. This block system enables precise identification of the offshore area covered by each title.
Exploration permit (Part 3, permit): The primary exploration instrument. Granted for a specified term and area. Permittees must comply with work program obligations (carrying out specified exploration activities). After discovering a petroleum pool and declaring a location, a permittee may apply for a production licence.
Retention lease: An intermediate title available where petroleum has been discovered but is not yet commercially viable to produce. Allows the holder to retain rights while further work is done.
Production licence (licence, primary or secondary): Authorises the recovery of petroleum from specified blocks. May be primary (applied for by the permittee following a discovery) or secondary (applied for by a permittee whose production licence has lapsed or been surrendered).
Pipeline licence: Authorises the construction and operation of a pipeline in the adjacent area.
Access authority: A more limited authority allowing access to an area for specified purposes.
Special prospecting authority: An authority for seismic or other exploration short of the full permit.
Location: A block or group of blocks for which a petroleum discovery has been declared (s 37). A location triggers the right to apply for a production licence.
Good oilfield practice: Defined in s 4 as "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." Titleholders must conduct operations in accordance with good oilfield practice.
Designated Authority and Joint Authority: The WA Minister for Petroleum is the Designated Authority administering State titles. For some purposes, Commonwealth-State Joint Authorities also have roles.
Who it affects
Petroleum exploration and production companies holding or applying for permits, licences, pipeline licences or access authorities in WA's adjacent area.
The WA Minister for Petroleum (Designated Authority): Grants, conditions, varies, transfers and cancels petroleum titles.
The Commonwealth Minister and Joint Authority: Co-administer aspects of the regime under the national framework.
National Offshore Petroleum Safety Authority (NOPSA/NOPSEMA): The Safety Authority with OHS jurisdiction in the adjacent area under the Commonwealth Act.
Landholders and traditional owners whose interests may be affected by offshore petroleum activities and associated onshore infrastructure.
Joint venture partners in WA offshore petroleum projects: the Act imposes obligations on each registered holder of a title.
Key obligations
Work program obligations: Permittees must carry out specified exploration activities within each year of the permit term. Failure to comply with work program obligations is a ground for permit cancellation.
Royalty: Titleholders (for production licences) must pay royalties on petroleum recovered from the licence area. Royalty periods are monthly from commencement.
Annual rentals: Permittees and licensees must pay annual rentals for their titles.
Good oilfield practice: All operations must be conducted in accordance with good oilfield practice (s 4 definition).
Information and reporting: Titleholders must provide geological, geophysical and production data and reports to the Designated Authority.
Notification of discoveries: A permittee who discovers a petroleum pool must notify the Designated Authority.
Insurance and financial assurance: Conditions on production licences include requirements for insurance and financial capacity to meet obligations.
Powers and discretions
Designated Authority (WA Minister):
Grant exploration permits, retention leases, production licences, pipeline licences and access authorities.
Vary permit terms and work programs.
Cancel or suspend titles for breach of conditions or obligations.
Declare locations following discovery reports.
Approve transfers and dealings in titles.
Titleholder operational discretions:
Select the specific exploration methods and targets within the work program framework.
Apply for variations of terms and areas.
Apply for production licence conversion upon locating a commercial petroleum pool.
Penalties and enforcement
The Act creates offences for breaching key obligations including:
Carrying out petroleum operations in the adjacent area without a valid title.
Failing to comply with directions from inspectors.
Breaching safety requirements.
Regulatory enforcement tools include permit conditions, work program compliance monitoring, and cancellation of titles for breach.
Process and timelines
Exploration permit grant:
Application with work program proposed.
Gazette notice and consideration period.
Minister grants or refuses.
Permit in force for initial term (typically 6 years for a primary permit).
Relinquishment of percentage of area on each renewal.
Discovery to production:
Permittee discovers petroleum pool.
Permittee declares a location.
Permittee applies for a production licence over the location blocks.
Production licence granted (primary or secondary).
Production commences; royalty obligations apply.
Pipeline licence:
Application, grant, construction approval, and ongoing operation under licence conditions.
Interactions with other law
Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) (Commonwealth Act): The principal Commonwealth statute for offshore petroleum regulation. For the outer continental shelf (beyond 3 nautical miles from the baseline), the Commonwealth Act governs. The WA Act applies in the inner offshore area (within 3 nautical miles). The two regimes interact closely.
Income Tax Assessment Act 1997 (Cth): In the Commissioner of Taxation v Shell Energy Holdings Australia Limited case ([2022] FCAFC 2), the Court applied provisions of both the WA Act and the Commonwealth Act (collectively called "the Petroleum Acts") to determine the capital depreciation treatment of Shell's interest in exploration permits under the Browse Basin project. The FCAFC confirmed the WA Petroleum (Submerged Lands) Act 1982 issues statutory titles (the "statutory titles") that are the assets in question for income tax depreciation purposes.
Coastal Waters (State Powers) Act 1980 (Cth) and Coastal Waters (State Title) Act 1980 (Cth): These Commonwealth Acts vest jurisdiction in States over the inner offshore (territorial sea) area, enabling WA to enact the Petroleum (Submerged Lands) Act for that area.
Native Title Act 1993 (Cth): Offshore petroleum activities may interact with native title rights in the offshore zone. The WA Act predates the Native Title Act but activities under petroleum titles must now consider native title rights and interests.
Gotchas
The WA Act applies only to the inner offshore area: The WA Petroleum (Submerged Lands) Act applies to the adjacent area within the territorial sea (broadly within 3 nautical miles of the baseline). The outer continental shelf beyond this limit is governed by the Commonwealth Offshore Petroleum and Greenhouse Gas Storage Act 2006. Many Browse Basin and offshore WA projects involve both regimes.
Royalty on re-injected petroleum: The definition of "petroleum" (s 4) expressly includes petroleum "returned to a natural reservoir." This means petroleum that is re-injected and later recovered may attract royalty on both recovery episodes.
Work program compliance is strictly monitored: The permit work program sets out specific exploration activities and expenditure commitments year by year. The Designated Authority monitors compliance. Permittees that fail to meet work program obligations without obtaining a variation risk permit cancellation.
Register of titles: Dealings in titles (assignments, mortgages, charges) are registered under Part 3, Division 5. Unregistered dealings are generally ineffective against third parties. Due diligence in petroleum title acquisitions must include a register search.
The "exploration" concept for tax purposes: In the Shell Energy Holdings case, the FCAFC examined what it means for assets held under WA petroleum titles to be "used for exploration" for income tax depreciation purposes. The definition of exploration in both the WA Act and the Commonwealth Act was central to the analysis.
Practical examples
Exploration permit application for Browse Basin block: A petroleum company identifies a prospective block in the WA offshore area. It applies to the Designated Authority for an exploration permit under Part 3 of the Act, lodging a proposed work program committing to specified seismic survey and drilling activities over the 6-year term. If granted, the company must carry out those activities or apply for work program variations with good reason.
Discovery and production licence conversion: Following a well that encounters a substantial petroleum pool, the permittee declares a location. The permittee then has the primary entitlement to apply for a production licence over the location blocks. Once a production licence is granted, the company may begin production operations and is liable to pay royalties on petroleum recovered.
Capital depreciation of petroleum titles (Shell Energy Holdings [2022] FCAFC 2): Shell acquired additional proportional interests in exploration permits held under the WA Act and the Commonwealth Act for the Browse Basin project. The FCAFC considered whether those interests (the "statutory titles") were depreciating assets "first used for exploration" for income tax purposes. The Court applied the concept of exploration as defined in both the WA Act and the Commonwealth Act, confirming the WA Act's exploration permit framework was the relevant statutory context.
Pipeline licence for offshore gathering: A production company requires a pipeline in the adjacent area to gather gas from wells and transport it to a terminal station. The company applies for a pipeline licence under Part 3. The licence specifies the route, dimensions, and operating conditions. Annual rentals apply throughout the term.
Application for permit in respect of surrendered etc. blocks 38
Application fee etc. 40
Consideration of applications 40
Request by applicant for grant of permit in respect of advertised blocks 41
Grant of permit on request 42
27A. Grant of boundary‑change permit 42
Rights conferred by permit 46
Term of permit 47
Application for renewal of permit 48
Application for renewal of permit to be in respect of reduced area 49
32A. Certain permits cannot be renewed more than twice 51
32B. Limits on renewal of boundary‑change permits 51
Grant or refusal of renewal of permit 52
Conditions of permit 55
Discovery of petroleum to be notified 57
Nomination of blocks as location 57
Declaration of location 59
Immediately adjoining blocks 61
Division 2A — Retention leases for petroleum
38A. Application by permittee for lease 62
38B. Grant or refusal of lease in relation to application 63
38BA. Application of s. 38A and 38B where permit is transferred 65
38CA. Application by licensee for lease 65
38CB. Grant or refusal of lease in relation to application by licensee 67
38CC. Application of s. 38CA and 38CB if licence is transferred 68
38CD. Grant of lease as result of change to boundary of offshore area 69
38C. Rights conferred by lease 71
38D. Term of lease 72
38E. Notice of intention to cancel lease 72
38F. Application for renewal of lease 74
38G. Grant or refusal of renewal of lease 75
38H. Conditions of lease 78
38J. Discovery of petroleum to be notified 80
Division 3 — Production licences for petroleum
Recovery of petroleum in adjacent area 80
Application by permittee for licence 80
40A. Application for licence by holder of lease 83
Application for licence 83
Determination of rate of royalty 84
Notification as to grant of licence 84
Grant of licence 86
44A. Application of s. 41 to 44 where permit etc. transferred 87
Variation of licence area 87
Determination of permit as to block not taken up by licensee 88
Application for licence in respect of surrendered etc. blocks 90
Application fee etc. 92
Request by applicant for grant of licence 93
Grant of licence on request 95
Grant of licences in respect of individual blocks 96
51A. Grant of licence as result of change to boundary of offshore area 97
Rights conferred by licence 100
Term of licence 100
54A. Termination of licence if no operations for 5 years 101
Application for renewal of licence 101
Grant or refusal of renewal of licence 103
Conditions of licence 106
Directions as to recovery of petroleum 107
Unit development 108
Division 4A — Infrastructure licences
60A. Construction etc. of infrastructure facilities 111
60B. Application for infrastructure licence 112
60C. Notification as to grant of infrastructure licence 112
60D. Notices to be given by Minister 113
60E. Grant of infrastructure licence 114
60F. Rights conferred by infrastructure licence 115
60G. Term of infrastructure licence 115
60H. Termination of infrastructure licence if no operations for 5 years 116
60I. Conditions of infrastructure licence 116
60J. Variation of infrastructure licence 117
Division 4 — Pipeline licences
60K. Term used: adjacent area 119
Construction etc. of pipeline etc. 119
Acts done in an emergency etc. 120
Removal of pipeline etc. constructed in contravention of Act 120
Terminal station 121
Applications for pipeline licence 122
Grant or refusal of pipeline licence 124
Rights conferred by pipeline licence 128
Term of pipeline licence 128
Termination of pipeline licence if no operations for 5 years 129
Conditions of pipeline licence 130
Variation of pipeline licence on application by pipeline licensee 130
Variation of pipeline licence by Minister 131
Common carrier 132
Ceasing to operate pipeline 132
Division 5 — Registration of instruments
74J. Term used: title 133
Register of certain instruments to be kept 133
Particulars to be entered in register 133
Memorials to be entered of permits etc. determined etc. 135
Approval and registration of transfers 135
Entries in register on devolution of title 138
Approval of dealings creating etc. interests etc. in existing titles 138
81A. Approval of dealings in future interests etc. 143
True consideration to be shown 145
Minister not concerned with certain matters 145
Power of Minister to require information as to proposed dealings 146
Production and inspection of documents 146
Inspection of register and documents 147
Evidentiary provisions 147
87A. Minister may make corrections to register 148
Application to State Administrative Tribunal for order 149
Offences 149
Assessment of registration fee 150
Review of Minister’s determination 150
Exemption from duty 150
Division 6 — General
Notice of grants of permits etc. to be published 151
Date of effect of permits etc. 151
Commencement of works 152
Work practices 153
97A. Conditions relating to insurance 155
Maintenance etc. of property 156
Sections 97, 97A and 98 to have effect subject to this Act etc. 157
Directions 158
Compliance with directions 160
Exemption from conditions 161
103A. Variation of petroleum title by including area as result of change to boundary of offshore area 163
Surrender of permits etc. 168
Cancellation of permits etc. 171
Cancellation of permit etc. not affected by other provisions 173
Removal of property etc. by permittee etc. 174
Removal of property etc. by Minister 176
Special prospecting authorities 177
Access authorities 179
Sale of property 184
Minister etc. may require information to be furnished etc. 185
Power to examine on oath 186
Failing to furnish information etc. 187
Exclusion zones 187
Discovery of water 188
Records etc. to be kept 188
123A. Data management: regulations 189
Scientific investigation 190
Interference with other rights 190
124A. Liability for payment of compensation to native title holders 191
124B. Interfering with offshore petroleum installation or operation 192
Inspectors 192
Powers of inspectors 193
126A. Protection from liability for wrongdoing 194
Property in petroleum 194
Suspension of rights conferred by permit 195
Certain payments to be made by State to Commonwealth 195
Determination to be disregarded in certain cases 196
Continuing offences 196
Persons concerned in commission of offences 197
Crimes and other offences 197
Orders for forfeiture in respect of certain offences 197
Disposal of goods 198
Time for bringing proceedings for offences 199
Judicial notice 199
137A. Evidentiary matters 199
Service 201
138A. Service of documents on 2 or more permittees etc. 202
Division 7 — Fees and royalties
Permit fees 203
139A. Lease fees 204
Licence fees 204
141A. Infrastructure licence fees 204
Pipeline licence fees 204
Time of payment of fees 205
Royalty 205
Reduction of royalty in certain cases 206
Royalty not payable in certain cases 207
145A. Royalty value 208
Ascertainment of well‑head 208
Ascertainment of value 209
Ascertainment of quantity of petroleum recovered 209
Payment of royalty 210
Penalty for late payment 210
Fees, royalties and penalties debts due to the State 210
Part IVA — Release of information
Division 1 — Preliminary
152A. Terms used 212
Division 2 — Protection of confidentiality of information and samples
Subdivision 1 — Information and samples obtained by the Minister
152B. Protection of confidentiality of information obtained by the Minister 213
152C. Protection of confidentiality of samples obtained by the Minister 213
152D. Information or samples obtained by Minister can be made available to certain persons 214
Subdivision 2 — Information and samples obtained by another Minister
152E. Protection of confidentiality of information obtained by another Minister 214
152F. Protection of confidentiality of samples obtained by another Minister 215
152G. Information or samples obtained by another Minister can be made available to certain persons 215
Subdivision 3 — Miscellaneous
152H. Fees 216
Part IV — General
152I. Certain things are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth) 217
Regulations 217
Transitional provisions (Sch. 3) 220
Schedule 2 — Scheduled area for Western Australia
Schedule 3 — Transitional provisions
Division 1 — Provisions for Petroleum and Energy Legislation Amendment Act 2010
Term used: amending Act 227
Section 31 (permit renewals) 227
Section 70 (conditions of pipeline licence) 227
Section 118 (release of information) 228
Section 3 and Sch. 3 and 4 (former transitional provisions) 228
Notes
Compilation table 229
Uncommenced provisions table 232
Other notes 232
Defined terms
Western Australia
Petroleum (Submerged Lands) Act 1982
An Act to make provision with respect to the exploration for and the exploitation of the petroleum resources, and certain other resources, of certain submerged lands adjacent to the coast of Western Australia, to repeal the Petroleum (Submerged Lands) Act 1967, and for incidental and other purposes.
Preamble
Whereas in accordance with international law Australia as a coastal State has sovereign rights over the continental shelf beyond the limits of Australian territorial waters for the purpose of exploring it and exploiting its natural resources:
And whereas Australia is a party to the Convention on the continental shelf signed at Geneva on 29 April 1958 in which those rights are defined:
And whereas by the Seas and Submerged Lands Act 1973 of the Commonwealth it is declared and enacted that the sovereignty in respect of the territorial sea of Australia and in respect of the airspace over it and in respect of its seabed and subsoil, and the sovereignty in respect of certain internal waters of Australia and in respect of the airspace over those waters and in respect of the seabed and subsoil beneath those waters, is vested in and exercisable by the Crown in right of the Commonwealth:
And whereas the Parliaments of the States and the Legislative Assembly of the Northern Territory have certain legislative powers in respect of the seabed and subsoil referred to in the last preceding recital and the Parliament of the Commonwealth has vested in the Crown in right of each of the States and the Crown in right of the Northern Territory certain proprietary rights in respect of that seabed and subsoil:
And whereas it has been agreed between the Commonwealth, the States and the Northern Territory that, in place of the scheme provided for by an Agreement between the Commonwealth and the States dated 16 October 1967 —
(a) legislation of the Parliament of the Commonwealth in respect of the exploration for and the exploitation of the petroleum resources of submerged lands should be limited to the resources of lands beneath waters that are beyond the outer limits of the territorial sea adjacent to the States and the Northern Territory (being outer limits based, unless and until otherwise agreed, on the breadth of that sea being 3 nautical miles), and that the States and the Northern Territory should share in the administration of that legislation; and
(b) legislation of the Parliament of each State should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the State as is on the landward side of the waters referred to in paragraph (a); and
(c) legislation of the Legislative Assembly of the Northern Territory should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the Northern Territory as is on the landward side of the waters referred to in paragraph (a); and
(d) the Commonwealth, the States and the Northern Territory should endeavour to maintain, as far as practicable, common principles, rules and practices in the regulation and control of the exploration for and the exploitation of the petroleum resources of all the submerged lands referred to above that are on the seaward side of the inner limits of the territorial sea of Australia:
[Preamble amended: No. 19 of 2010 s. 50.]
Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: —
Part I — Preliminary
1. Short title
This Act may be cited as the Petroleum (Submerged Lands) Act 1982.
2. Commencement
(1) This Act shall come into operation on the first day on which the following Acts of the Commonwealth, with or without amendments, are in operation, namely, the Seas and Submerged Lands Amendment Act 1980, the Coastal Waters (State Powers) Act 1980, the Coastal Waters (State Title) Act 1980 and the Petroleum (Submerged Lands) Amendment Act 1980.
(2) The Minister shall as soon as is practicable after the commencement of this Act cause notice of the commencement to be published in the Gazette.
3. Petroleum (Submerged Lands) Act 1967 repealed
(1) The Petroleum (Submerged Lands) Act 1967 is repealed.
[(2) deleted]
[Section 3 amended: No. 42 of 2010 s. 64.]
4. Terms used
(1) In this Act, unless the contrary intention appears —
access authority means an access authority under Part III;
adjacent area, in relation to a pipeline or pipeline licence, has the meaning given in section 60K;
adjacent area, other than in relation to a pipeline or pipeline licence, has the meaning given in section 5;
application for a primary licence means an application under section 40(1) or (2) or 40A(1) or (2);
application for a secondary licence means an application under section 40(3) or 40A(3);
approved means approved by the Minister;
block means a block constituted as provided by section 17;
boundary-change permit means a permit grant
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