Petroleum (Submerged Lands) Regulations 1990

The regulations revolve around a small set of operational concepts that feed into how titles, dealings and royalty calculations are administered under the Act.

Prescribed fees and rates. Regulation 3 and Schedule 1 are the canonical place where a fee or rate associated with a particular Act provision is fixed. The regulation does two things: it makes the link between Act provision and a numeric value (r 3(1)), and it sets several stand‑alone rates and minimums that the Act refers to (r 3(2), (6)-(10)). The Schedule lists many discrete fee amounts (Column 2 cross‑referenced to Act provisions in Column 1 and fee amounts in Column 3). The regulations also allow for a document page fee for s 87(2) at a stated per‑page rate (r 3(2)).

Prescribed forms and particulars. Regulation 4 prescribes a standard instrument of transfer for transfers under s 78(3)(a) and publishes that text in Schedule 2. Regulation 5 prescribes the catalogue of particulars required where a dealing engages s 81(4)(b) of the Act, and defines what counts as a “related dealing”. The particulars are operationally specific: they include identifying the instrument, dates, title type and number, party names and addresses, the effect of registration under s 81(1), interest profiles before and after registration, valuation where other fee statutes require it, and information about related dealings including earlier registered entries and approval dates (r 5).

Geodetic datums and coordinate conversions. The regulations treat spatial datum choice as a rule‑based process. The GDA94 has been prescribed (r 9), the GDA2020 is prescribed (r 10), and the AGD remains prescribed for limited legacy purposes (r 11). The AGD is detailed by its ellipsoid parameters and origin at the Johnston Geodetic Station, with precise latitude/longitude/elevation coordinates (r 11(2)-(3)). The regulations supply an explicit conversion instruction: conversions from AGD to GDA must use the NTV2 grid file (r 11(5)). Regulation 9 also specifies the reference ellipsoid and fiduciary realisation stations used to define GDA94 (r 9(2)-(3)). The regulations provide a temporal transition: r 9(4) removes effect of the regulation when subsequent rules commence, and the compilation table records the relevant amendment instruments and dates.

Royalty valuation and deductible imposts. Regulation 8 expressly identifies which imposts are excluded from the definition of “federal duty” within s 145A(3) of the Act. The list covers transactional taxes already embedded in purchase prices, various Commonwealth charges (for example departure tax, fringe benefits tax), PAYG style deductions and prescribed payment deductions under the Income Tax Assessment Act 1936, customs import duty, aircraft landing charge, training guarantee and superannuation guarantee charges, and Higher Education Funding contributions (r 8(a)-(j)).

Transitional mechanics. Regulation 12 manages a transitional application of earlier versions of regulation 3 in relation to Schedule 3 clause 4(4) of the Act. It defines the meaning of “regulation 3” for transitional purposes and deletes the earlier regulation 3 for certain transitional applications (r 12(1)-(3)). That indicates an internal mechanism to ensure fee regimes and transitional responsibilities in the Act’s schedules operate with a consistent regulation text.

Defined terms. The regulations add or restate defined terms that are used through the rules: AGD, GDA, Geocentric Datum of Australia 2020, GRS80, “dealing” and “related dealing”, and “federal duty” (see reg 2A, r 9(2), r 10(1), r 5(2), r 8). These definitions link the technical prescriptions to the Act’s legal terminology.

Administrative linkage to other statutes. The regulations operate in concert with other Commonwealth and state statutes that are explicitly cross‑referenced, including the Petroleum (Submerged Lands) Registration Fees Act 1982, the Income Tax Assessment Act 1936 (Cth) and the Higher Education Funding Act 1988 (Cth), and they refer to an external national measurement determination (the National Measurement (Recognized‑Value Standard of Measurement of Position) Determination 2017 (Cth), in r 10(1)). Those cross‑references define boundaries for valuation, fees and conversion methods.

In short, the main concepts consolidate the Act’s administrative hooks into concrete fees, standard documents, spatial reference rules and a set of excluded items for royalty valuation. The regulations are patchworked by amendment history; several rules are temporally constrained or limited to specified purposes, so users must read the relevant regulation in combination with the Act and the compilation notes.

The regulations affect a narrow set of actors that operate under or interact with the Petroleum (Submerged Lands) Act 1982. The following parties are directly implicated by the text.

Title holders and applicants. Holders of exploration permits, production licences, pipeline licences and similar titles defined in section 74J of the Act are primary addressees. Regulation 4 and Schedule 2 set the form for transfers of titles under s 78 of the Act, which must be used by registered holders when transferring “all right, title and interest” to a third party. Many of the prescribed fees in Schedule 1 are tied to named provisions of the Act that govern applications, approvals, renewals and other title transactions; those fees are payable by applicants or title holders in the processes the Act prescribes (r 3(1) and Schedule 1).

Parties to dealings (transferors, transferees and related parties). Regulation 5 lists the particulars to be provided for a dealing within s 81(4)(b) of the Act. Those particulars require disclosure of full names and business addresses of each party, the type and number of the title affected, details of interests before and after registration, and valuation where relevant (r 5(1)(a)-(h)). The regulation also requires identification of related dealings and any prior registration and approval dates (r 5(1)(j) and r 5(2)). Consequently, lawyers, corporate counsel, transaction teams and other advisers preparing instruments of dealing must supply the prescribed particulars to the Minister or registrar.

Permittee, lessee and licensee for royalty purposes. Regulation 8 uses the terms “permittee, lessee or licensee” when excluding certain imposts from the definition of “federal duty” in s 145A(3) of the Act (r 8). That identifies the economic actors whose royalty value calculations under s 145A are affected. Entities responsible for royalty returns and calculations must take account of the list of excluded imposts when measuring the federal duty element of royalty valuation.

Surveyors, geospatial advisers and registrars. Regulation 9, 10 and 11 prescribe which geodetic datum applies for different functions under the Act. These rules directly affect surveyors calculating boundaries, the mapping and land administration teams that prepare title maps, private geospatial consultants, and registrars validating coordinate data. The AGD remains available for specified legacy purposes (r 11(1)), but r 10 prescribes GDA2020 for s 10(1) purposes and r 9 prescribes GDA94 until superseded by designated regulations. Surveyors must use the NTV2 grid file for conversions from AGD to GDA (r 11(5)).

Revenue collectors and the State. The State (via the Minister or the delegated agency) is the recipient of prescribed fees, rates and sums. The regulations name concrete payables for many statutory steps. Those charges impose a direct cash cost on economic actors seeking rights, registrations or instruments under the Act.

Ministers and administrative decision‑makers. Regulation 5 prescribes particulars that are provided in support of an application for approval of a dealing to be registered by the Minister (r 5(1)(d) and r 5(1)(j)(ii)). The Minister is therefore a decision point; the quality and completeness of particulars matters for the Minister’s ability to approve and register dealings under s 81 of the Act.

Operators and compliance teams. Parties who must compute royalty values under s 145A are affected by r 8. Those operators must account for the specific list of excluded imposts when calculating the “federal duty” component of royalty value.

Legal and accounting advisers. The regulations' cross‑references to the Petroleum (Submerged Lands) Registration Fees Act 1982, the Income Tax Assessment Act 1936 (Cth) and the Higher Education Funding Act 1988 (Cth) mean that advisers who prepare valuations, financial statements and tax positions for dealings and title transactions must integrate those Commonwealth rules with the WA regulations.

Users of records and instruments. Regulation 11(4) contemplates instruments executed before 16 December 2000 that refer to the AGD; it requires endorsement that the AGD applied "if it is practicable to do so", but also makes clear that omission of the endorsement does not affect validity. That potentially lowers risk for holders of older instruments, but it also creates an evidentiary situation to be managed by registrars and transaction advisers.

Indirectly affected actors. Entities that provide transactional services,banking, due diligence, land title conveyancing, marine surveying, mapping software providers,will encounter the practical effects of the fees, form requirements, datum prescriptions and conversion rules in their workflows.

In short, the regulations impose concrete administrative costs and technical standards on title holders, parties to dealings, surveyors, registrars and operators required to calculate royalties. They place procedural obligations on those preparing transfer instruments and on applicants seeking Ministerial approval of dealings, and they fix conversion standards and a set of exclusions for royalty valuation that finance and compliance teams must apply.

The regulations create detailed administrative duties rather than novel substantive rights. They specify what must be supplied, how spatial data must be expressed, what fees are payable and what is excluded from royalty federal duty. Below are the principal duties and a limited set of correlative rights or protections visible in the text.

Duties to pay prescribed fees and rates. Regulation 3 makes it a duty, for purposes of specified Act provisions, to pay the amount listed in Schedule 1 opposite each listed provision (r 3(1) and Schedule 1). It also imposes a duty to pay a document page fee at $149.00 per page for s 87(2) of the Act (r 3(2)). Additional duty obligations are created by r 3(6)-(10), which prescribe minimum fees and rates for particular sections of the Act, for example a prescribed minimum fee of $2 400.00 for s 139(a) (r 3(6)), a prescribed rate of $919.00 for s 139(b) (r 3(7)), a prescribed rate of $20 000.00 for s 139A (r 3(8)), and prescribed rates or amounts in r 3(9)-(10). Schedule 1 maps specific Act provisions to precise fees (see Schedule 1 Column 2 and Column 3).

Duty to use the prescribed transfer form where the Act calls for it. Regulation 4 prescribes the form of instrument of transfer required by s 78(3)(a) of the Act and sets that form out in Schedule 2. Where the Act requires an instrument in the prescribed form, parties have the administrative duty to produce the instrument consistent with Schedule 2 when effecting transfers.

Duty to supply prescribed particulars for dealings. Regulation 5 prescribes the particulars that must be provided under s 81(4)(b) for a dealing. The duty is to supply the specified list: description/date of execution; title details; party names and business addresses; the effect(s) on registration; the interest profile before and after registration; consideration values where registration fees are linked to value; and information about any related dealing (r 5(1)(a)-(j)). The regulation also defines “related dealing” (r 5(2)), so parties must examine prior transactions to identify related dealings.

Duty to apply specified datum and conversion methods. Regulation 10 prescribes GDA2020 for the s 10(1) purposes of the Act (r 10(2)). Regulation 11 preserves AGD for limited legacy purposes (r 11(1)), defines AGD parameters, and requires conversion to GDA coordinates using the NTV2 grid file if conversion is necessary (r 11(2)-(5)). Regulation 9 continues the GDA94 prescription for certain purposes and gives precise station coordinates and ellipsoid parameters (r 9(1)-(3)). Those rules impose duties on surveyors and registrars to represent and, where required, convert spatial coordinates according to the specified method.

Duty to exclude listed imposts from federal duty calculation. Regulation 8 prescribes the items excluded from the definition of “federal duty” in s 145A(3). Those excluded imposts include taxes, duties and charges already embedded in purchase prices, departure tax, fringe benefits tax, PAYG style deductions and prescribed payment deductions under the Income Tax Assessment Act 1936, customs import duty, aircraft landing charges, training guarantee charge, superannuation guarantee charge and contributions under Part 4.2 of the Higher Education Funding Act 1988 (r 8(a)-(j)). Operators computing royalty values must therefore exclude those items as the regulation directs.

Right to maintain older instruments without mandatory endorsement. Regulation 11(4) gives a limited protective provision for instruments executed before 16 December 2000: they are to be endorsed with a statement that AGD applied to the original determination "if it is practicable to do so", but omission of such an endorsement does not affect the instrument’s validity. That is an explicit statutory protection against invalidating historic instruments for failure to endorse.

Right to discrete technical certainty via conversion method. Regulation 11(5) provides certainty by designating NTV2 as the conversion method between AGD and GDA coordinates. That gives practitioners a single conversion standard to apply.

Transitional duty management. Regulation 12 creates a transitional regulation that manages how previous versions of regulation 3 apply under Schedule 3 clause 4(4) of the Act. It defines "regulation 3" for transitional purposes and deletes its prior text for that application, creating a duties‑management mechanism that affects how fees apply in transitional contexts (r 12(1)-(3)).

Limited administrative discretion retained by the Minister. While the regulations require particulars and the use of prescribed forms, they operate in the context of Ministerial approvals under the Act (for example, s 81 approvals referred to in r 5). The regulations themselves do not specify decision criteria for the Minister, but they channel information to the Minister and the registrar to exercise the statutory discretion in the Act; r 5(1)(j)(ii) requires the date of approval by the Minister for related dealings.

Absence of new criminal penalties or enforcement items in the regulations. The regulations set administrative rules and fees; they do not, within the text provided, create new offences or penalty amounts. Enforcement mechanisms, offence provisions and penalties for non‑compliance would be found in the parent Act rather than in these regulations.

In short, the regulations impose payment obligations, documentary and disclosure duties, technical requirements for spatial data and a specified method to compute royalty exclusions, while offering specific protections for historic instruments and providing a single conversion standard for coordinate transformations.

The regulations, as published, are primarily administrative and technical in character. They fix fees, prescribe forms, define technical terms and set datum conversion standards. The text of the regulations does not itself create express new criminal offences, monetary penalties for breach inside the regulation text, or an enforcement regime. The following observations are confined to material within the regulations.

No penalty provisions located in the regulations text. The regulations do not include a schedule of penalties, infringement notices or penalty units. They prescribe amounts for fees and rates (reg 3 and Schedule 1), but they do not specify sanctions for failure to pay or to supply particulars in the regulation text itself. Where statutory sanctions exist, those will be in the enabling Act, the Petroleum (Submerged Lands) Act 1982, or other cross‑referenced statutes. Readers must therefore consult the Act for enforcement mechanisms and penalty provisions that attach to failure to pay prescribed fees, failure to lodge required particulars, or non‑use of prescribed forms where the Act makes those behaviours mandatory.

Administrative control through prescribed particulars and forms. Although the regulations do not set penalties, they effectively control an applicant’s ability to obtain rights under the Act by prescribing the form and particulars required for transfers and dealings. Regulation 4 prescribes the instrument of transfer form for s 78(3)(a) and Schedule 2 provides the text to be used. Regulation 5 prescribes what particulars are to be supplied for a dealing under s 81(4)(b). Failure to supply the prescribed form or the specified particulars may affect registration or Ministerial approval processes under the Act. That is an administrative enforcer role executed via registrars and the Minister. The regulations thus create practical enforcement through withholding of registration or approval rather than by imposing express fines in the regulation text.

Fee enforcement is implicit. By determining the exact amounts for fees and rates, the regulations make non‑payment a material breach of the administrative process. The practical effect is that the State may decline to process or register dealings until the applicable prescribed amounts are paid. The regulations do not set a late payment penalty or civil recovery mechanism; again, those procedural enforcement tools, if they exist, will be in the Act.

Ministerial approval record and evidencing. Regulation 5 requires particulars to include the date of Ministerial approval and registration number in relation to related dealings (r 5(1)(j)(ii)-(iii)). That creates an evidentiary regime in which failure to provide the required particulars may cause administrative rejection or delay. Registry practice and administrative precedent will determine how strictly registrars treat omissions; the regulations themselves do not set a remedial pathway for incomplete particulars.

Technical enforcement of datum and conversion standards. The regulations mandate the use of particular datums for discrete purposes (r 9-11) and specify conversion methodology from AGD to GDA using the NTV2 grid file (r 11(5)). Registrars and surveyors will enforce those requirements operationally by rejecting or querying coordinate submissions that do not follow the prescribed datum or conversion method. The regulations do not define a penalty for non‑use of the specified conversion method, but they make the method the required technical standard.

Transitional deletion for fee application. Regulation 12 deletes a former regulation 3 as it applies under Schedule 3 clause 4(3)(b) of the Act (r 12(3)). That has enforcement implications in that the transitional application of fees is controlled by the updated regulatory text; failure to account for the transitional deletion may lead to incorrect fee calculation, requiring administrative correction.

No litigation outcomes recorded. The regulations do not include references to litigation or case law that interpret their provisions. Any enforcement disputes or penalties will therefore appear in case law under the Act or other statutes, not in the regulation text itself.

In summary, enforcement of the regulations is administrative and circuitous: the regulations create documentary, fee and technical standards; compliance is enforced by the practical requirement to satisfy those standards before registration or Ministerial approval is granted under the Act. For fines, penalty units or criminal sanctions the Act must be consulted because the regulations themselves do not set those penalties.

The regulations are explicitly cross‑referential. They operate as the Act’s delegated rules and interact with several Commonwealth and state statutes and national instruments. The interactions in the text can be grouped into financial, registration, taxation and technical measurement cross‑links.

Petroleum (Submerged Lands) Act 1982 (the Act). The primary interaction is with the parent Act. The regulations are framed to supply particulars, fees, forms and measurement rules that the Act requires. Examples include the prescribed form for the instrument of transfer under s 78(3)(a) (r 4), particulars supporting Ministerial approval for dealings under s 81(4)(b) (r 5), the fees linked to named Act provisions via Schedule 1 (r 3(1)), and the definition and exclusions that operate for royalty value in s 145A(3) (r 8). Regulation 12 cross‑references Schedule 3 clause 4 of the Act for transitional operation of a prior regulation 3.

Petroleum (Submerged Lands) Registration Fees Act 1982. Regulation 5 makes direct cross‑references to that Act. For matters where s 4(5)(a) or 4(5)(b) of the Registration Fees Act apply, r 5 requires the value of the consideration or the value of an interest to be included in the particulars for a dealing (r 5(1)(f)-(g)). Regulation 5(1)(h) refers to applications under s 4(7) of the Registration Fees Act. Thus, the regulations integrate fee valuation and application choices under the Registration Fees Act into the particulars needed under s 81 of the parent Act.

Commonwealth taxation laws. Regulation 8 excludes items from the definition of “federal duty” under s 145A(3) and expressly references the Income Tax Assessment Act 1936 (Cth) for PAYG and prescribed payment deductions (r 8(d)-(e)). It also references the Higher Education Funding Act 1988 (Cth) for Part 4.2 contributions (r 8(j)). Those cross‑references establish how particular Commonwealth tax or levy regimes interact with the valuation of royalties for Act purposes. The regulation treats those Commonwealth imposts as excluded from federal duty when computing royalty value.

National measurement and geodetic instruments. Regulation 10 defines GDA2020 by reference to the Geocentric Datum of Australia 2020 as set out in the National Measurement (Recognized‑Value Standard of Measurement of Position) Determination 2017 (Cth) clause 4 (r 10(1)-(2)). Regulation 11(5) mandates the NTV2 grid file for conversions from AGD to GDA. Regulation 9 grounds GDA94 in the GRS80 ellipsoid and ITRF92 epoch realisation and then lists specific ANFN stations and coordinates (r 9(2)-(3)). Those references create an interlock between State administration of submerged lands titles and Commonwealth technical measurement standards. Changes at Commonwealth level (for example a new national determination) will therefore directly affect the State’s datum prescription.

Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025. Regulation 9(4) is time‑contingent: it ceases to have effect on or after the day on which regs 20 and 21 of the Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025 come into operation (r 9(4)). The compilation table records when that instrument is scheduled to commence (3 October 2025). That shows a legislative sequencing dependency: the state regulation’s GDA94 prescription is linked to later state regulatory instruments, reflecting a cascading update to geodetic references.

Interplay between multiple datums within the regulations. The regulations both prescribe GDA2020 (r 10) and preserve AGD for specific limited purposes (r 11). Regulation 9 continues GDA94 for certain purposes until r 9(4) takes effect. This means several datum regimes coexist, with each assigned to particular statutory tasks. Practitioners must follow the regulation which prescribes the datum for the specific Act purpose in question.

Other enabling instruments and schedules. Regulation 12 operates as a transitional provision for Schedule 3 clause 4 of the Act and explicitly deletes the prior regulation 3 in that context, which creates an interaction where the regulations tailor how earlier regulation texts apply under the Act’s schedule. The compilation table also shows a history of amendments enacting fee and parameter changes, meaning that the regulations interact with statutory amendment instruments for their current content.

Practical integration. The combined effect is that fee calculations, registration processing, valuation of royalties, and spatial determinations require simultaneous attention to the regulations, the parent Act, the Registration Fees Act, relevant Commonwealth tax Acts, national geodetic determinations and other state amendment regulations. That creates a multi‑instrument compliance task: a single procedural action,such as lodging a dealing for Ministerial approval,may trigger obligations under several instruments simultaneously, each with its own data, valuation and form requirements.

In summary, the regulations are highly integrative: they operationalise the Act by referencing Commonwealth tax laws for valuation exclusions, the Registration Fees Act for valuation of considerations, national geodetic and transformation standards for coordinate work, and state amendment instruments for the currency of the reference frames and fees.

The regulations are heavily annotated with amendment notes and a compilation table: the instrument has been frequently amended, especially in relation to fees and geodetic datum prescriptions. The compilation table and in‑text amendment notes furnish the timeline. The following is a concise, sourced chronology of notable changes recorded in the text.

1990: Original enactment and commencement. The Petroleum (Submerged Lands) Regulations 1990 were published 28 September 1990 and commenced 1 October 1990 (see r 1-2 and the compilation table entry for 28 Sep 1990).

1993-1994: Early amendments. The instrument was amended in 1993 and 1994 with amendments recorded at Gazette dates 24 Dec 1993 and 20 May 1994. Regulation 8 (royalty value exclusions) was inserted by Gazette 20 May 1994 (r 8 insertion noted).

2000: Datum and terms additions. Regulation 2A (Terms used) was inserted 15 December 2000 (r 2A inserted). The GDA94 and AGD provisions were inserted in the 15 December 2000 amendment: regulations 9 and 11 were inserted by Gazette 15 Dec 2000 p. 7216-18, each added specific datum prescriptions and AGD definitions (see r 9 and r 11, inserted notes).

2002-2015: Fee updates and technical tweaks. Regulation 3 has multiple amendment notes recorded in the footnote to r 3, spanning 1994 through 2014 and 2015. Various procedural rules were amended across these years, as recorded in the in‑text notes to r 3 and in the compilation table entries for amendment regulations (2002, 2003, 2009, 2010, 2011, 2012, 2014, 2015). Regulation 12 was inserted 30 June 2015 to manage transitional operation of a prior regulation 3 in relation to Schedule 3 clause 4(4) of the Act (r 12 inserted note).

2016-2021: Fees and levies amendment instruments. The compilation table records a string of Mines and Petroleum Regulations Amendment instruments addressing fees and levies that take effect from 1 July in each year from 2016 to 2021 inclusive. These annual or periodic instruments indicate regular updating of fee schedules.

2023-2025: Recent fee and datum changes. Schedule 1’s heading was inserted by SL 2024/97 r 25; Schedule 1 itself was amended by SL 2025/90 r 26 (see notes attached to Schedule 1 and r 3 amendment line). Regulation 2A has an amendment note indicating it was amended by SL 2025/172 r 19. Regulation 10 (GDA2020 prescription) and the amendment to regulation 9 are products of the Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025 (SL 2025/172). Regulation 10 was inserted by SL 2025/172 r 21 and regulation 9 was amended by SL 2025/172 r 20; compilation table shows that instrument as Pt 5 commencing 3 October 2025 (see compilation table entry). Regulation 11 was also amended by SL 2025/172 r 22.

Deletions noted. Several provisions have been deleted over time: regulations 6 and 7 and regulation 3A are shown as deleted by Gazette 23 Jun 2009 p. 2475 (in‑text deletion notes).

Timing and sequencing effects. Regulation 9 contains an express sunset mechanic, stating it does not have effect on or after the day on which regs 20 and 21 of the Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025 come into operation (r 9(4)). The compilation table records that the 2025 Geocentric Datum amendments commence 3 October 2025, providing the precise operational date for that sunset.

Reprints. The compilation table shows several reprints incorporating the listed amendments (reprint as at 9 March 2001, reprint 2 at 24 Sep 2010, reprint 3 at 14 Nov 2014). These reprints aggregated earlier amendments into consolidated texts.

Practical effect of amendments. The amendment history demonstrates two consistent themes: periodic updating of fees and levies, and an evolution in geodetic datum prescriptions as national standards change. The regulations have been used as the vehicle to refresh fee amounts annually or periodically (see r 3 amendment notes and compilation entries for 2016-2025 fee instruments), and to maintain technical compatibility with Commonwealth geodetic determinations and national conversion tools (r 9-11 and related 2025 instruments).

Readers should rely upon the compilation table when tracing the exact scope and commencement of any amendment. The in‑text notes attached to the relevant regulations indicate the instrument and Gazette reference by which each insert, amendment or deletion was made. For compliance or historical reconstruction of obligations at a specific date, practitioners must consult the specific amendment instrument listed in the compilation table and the stated commencement dates.

The regulations themselves contain no reported litigation data, case names or judicial interpretations in the text provided. The instrument is an administrative regulation; any litigation that interprets these regulations or their operation would ordinarily appear in court decisions concerning the parent Act, Ministerial decisions, or disputes over registration, fees or spatial boundaries. The regulation text contains no references to any judgments or litigation outcomes.

The compilation and amendment notes record only legislative amendments, repeals and reprints; they do not record judicial proceedings. Given that the regulations are procedural and technical, disputes that might engage the courts would typically involve:

• the validity of a Ministerial decision under the Act exercised in reliance on particulars supplied under r 5 (for example, challenges to approvals under s 81), or
• disputes over registration where the prescribed form under r 4 and Schedule 2 was or was not used, or
• disputes over the measurement of royalty value where r 8’s excluded imposts are material to the calculation in s 145A(3), or
• boundary disputes and interpretations of coordinates where the specified datum and conversion methods in r 9-11 become decisive.

None of those hypothetical litigation themes is recorded in the regulation text. The text is silent about prior court treatments of these regulations; it contains no judicial citations or case law. Any practitioner seeking litigation history must therefore consult court databases and decisions that engage the Petroleum (Submerged Lands) Act 1982 and the regulations, as no litigation outcomes are captured in the regulations’ published compilation.

In short, the published regulation text provides no litigation history. The appropriate course for a party needing to know how courts have construed these regulations is to search decisions under the Act and administrative decisions that rely on the regulations for particulars, fee determinations, datum application or royalty valuation.

The regulations contain several technical and administrative traps for users who do not read them closely. Below are concrete operational pitfalls, grounded in the regulatory text and the schedules.

Multiple datums apply for different purposes, with conversion rules mandated. A straightforward immediate pitfall is assuming a single geodetic datum applies to all functions. Regulation 10 prescribes Geocentric Datum of Australia 2020 for the purposes in s 10(1) of the Act (r 10(2)), but regulation 11 preserves the AGD for two specific purposes: locating Schedule 2 boundaries (s 10(5)) and the determination of graticular sections or blocks (s 17(4)) (r 11(1)(a)-(b)). Regulation 9 prescribes GDA94 for certain purposes until it ceases effect (r 9(1) and r 9(4)). Practitioners must therefore map the statute provision in question to the correct regulation and datum; failure to do so may produce coordinate mismatches that affect boundary determinations and title maps.

Conversion method is mandated and singular. Where an instrument uses AGD coordinates and conversion to GDA is needed, regulation 11(5) requires use of the National Transformation Version 2 (NTV2) grid file transformation. Using an alternative conversion method or ad hoc parameter shifts will not comply with the regulation; registrars may reject or query coordinate submissions not following the NTV2 method. This is a technical compliance gate.

Historic instruments and the “if it is practicable” endorsement. Regulation 11(4) requires endorsement of pre‑16 December 2000 instruments with a statement that AGD applied "if it is practicable to do so", but it expressly declares that omission of such a statement does not affect the validity of the instrument. That is a double‑edged rule: it reduces legal risk for older instruments, but it also leaves registrars and title examiners with less explicit evidence about which datum was used originally. Practitioners dealing with legacy instruments should therefore document provenance proactively even though the regulation protects validity.

Fees are specific and scattered. Schedule 1 lists particular fees tied to specific Act provisions. Items are not a general schedule for all Act fees. For example, many items are in the $8,000-$9,000 range for certain application types, while others are small ($149 per page for document fee; $167 for s 79(2)). Users who rely on out‑of‑date fee schedules or who assume fee parity across different sections risk under‑estimating costs. The schedule has been amended frequently; the heading was inserted SL 2024/97 and the schedule amended SL 2025/90, so practitioners must ensure they reference the current compilation.

Regulation 3 transitional complexity. Regulation 12 manages the operation of an earlier regulation 3 for the Act’s Schedule 3 clause 4(4). The text deletes regulation 3 as continued in force under Schedule 3 clause 4(3)(b) of the Act for certain purposes (r 12(3)). This creates a potential trap where different versions of regulation 3 may apply depending on the transitional clause at issue. One must check which version of regulation 3 applies to a specific transaction date and to particular Schedule 3 clauses.

Exclusions from federal duty are specific and narrow. Regulation 8 lists imposts that are excluded from the definition of federal duty in s 145A(3), but only the specific items listed are excluded (r 8(a)-(j)). Operators computing royalty values must closely map each cost or charge to that list; assuming a broader exclusion will lead to incorrect royalty computations.

Prescribed particulars are detailed and include related dealings. Regulation 5 requires not only particulars about the immediate dealing but also particulars about related dealings executed earlier by some or all of the parties (r 5(1)(j) and r 5(2)). That means preparers must search historical records to identify and include related dealings, including options, rights to enter dealings, or transactions altered or terminated by the current dealing. Failing to disclose a related dealing could delay the Minister’s approval or cause questions about completeness.

Ministerial approval evidence. Regulation 5 requires inclusion, in respect of any related dealing, of the date of approval by the Minister and registration number if any (r 5(1)(j)(ii)-(iii)). Missing or inaccurate approval or registration details for related dealings can produce administrative rejection or requests for further information.

No penalties in regulations. The regulations do not set out penalty amounts or sanctions for non‑compliance. That can be a gotcha for those assuming the regulations contain explicit fines and enforcement pathways. Where penalties exist, they will be in the Act; practitioners must consult the parent statute.

Sunset and commencement sequencing. Regulation 9 is expressed to cease to have effect once certain 2025 amendment regulations commence (r 9(4)). The compilation table shows the Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025 commence on 3 October 2025. Practitioners must track the commencement of those instruments closely to avoid using an obsolete datum after the transition date.

Document form specifics. The Schedule 2 instrument of transfer requires specific insertions,type and number of title (per s 74J), value of consideration or a reference to an approved dealing, the names and addresses of transferor/transferee, and signatures or seals (Schedule 2). Omissions may nullify the instrument for registry purposes or cause registration delays. The form instructs that deletions and insertions be made in particular places; mechanical errors in using the form are a practical compliance risk.

In summary, the gotchas are largely operational: multiple and purpose‑specific datum rules with mandated conversion methods, a precise and frequently updated fee schedule, detailed disclosure requirements for related dealings, transitional complexity around older regulation 3 applications, and a protective but evidence‑sparse rule for legacy instruments. These are compliance risks best managed by procedure, cross‑checking dates and byline references and by ensuring survey and transactional technical work follows the specified methods.

The regulations prescribe precisely what to do in a number of routine administrative scenarios. This section provides step‑by‑step, source‑grounded actions and record requirements, all tied to the relevant regulation paragraphs, to assist legal, accounting and compliance teams.

1. Confirm the applicable version and date of the regulations. Before acting, check the compilation table and in‑text amendment notes to identify the current operative version (see compilation table and in‑text notes). Fee schedules and datum prescriptions have seen frequent amendment; ensure you are working from the up‑to‑date text (for example, Schedule 1 was amended SL 2025/90 and r 2A amended SL 2025/172).

2. Use the prescribed instrument of transfer where s 78(3)(a) requires it. If effecting a transfer under s 78 of the Act, prepare the instrument using the form in Schedule 2 as prescribed by r 4. Populate the fields exactly: names of transferor(s) and transferee(s) (Schedule 2(2), (5)), the type and number of the title (Schedule 2(3)), the value of consideration or reference to an approved and registered dealing (Schedule 2(4)), and ensure signatures or seals are affixed in the locations indicated (Schedule 2(6)-(7)). Avoid ad‑hoc substitutions; registrars expect the prescribed form for s 78(3)(a) instruments.

3. Supply the full prescribed particulars for a dealing under s 81(4)(b). For any dealing that must satisfy s 81(4)(b), include the particulars listed at r 5(1)(a)-(j). That means prepare and lodge a document that contains: a full description and execution date of the instrument evidencing the dealing (r 5(1)(a)); the relevant title details (r 5(1)(b)); full names and business addresses of each party (r 5(1)(c)); details of the effects on registration (r 5(1)(d)); details of interests before and after registration (r 5(1)(e)); valuation statements where the Registration Fees Act applies (r 5(1)(f)-(g)); whether an application under s 4(7) of the Registration Fees Act has been or will be made (r 5(1)(h)); and particulars for any related dealing including description, execution date, Ministerial approval date and registration number (r 5(1)(j)). Also determine whether you have any “related dealing” as defined in r 5(2): options, rights to enter dealings, transactions altered or terminated by the present dealing, or prior registered instruments.

4. Calculate and pay prescribed fees accurately. Identify which Act provision your application, request or instrument engages and then find the corresponding prescribed amount in Schedule 1 as authorised by r 3(1). For document fees under s 87(2), calculate at $149.00 per page as specified in r 3(2). For the specific minimums and rates the Act references, apply the amounts in r 3(6)-(10) (for example, the prescribed minimum fee of $2 400.00 for s 139(a) at r 3(6)). Where fee items have been amended in recent amendment regulations, ensure you use the latest schedule entries (see Schedule 1 amendment notes and compilation entries). Keep evidence of payment and a receipt for audit and registration purposes.

5. Apply the correct geodetic datum for the statutory purpose in question. Before preparing or validating any coordinate data, map the statutory provision requiring the measurement to the correct datum per the regulations: r 10 prescribes GDA2020 for s 10(1) purposes (r 10(2)); r 11 preserves AGD for the purpose of s 10(5) and s 17(4) (r 11(1)); r 9 prescribes GDA94 for certain purposes until the day the 2025 Geocentric Datum regulations take effect (r 9(1), r 9(4)). If converting AGD coordinates to GDA, use the NTV2 grid file transformation as required by r 11(5). Ensure surveyors and GIS teams are instructed to use the prescribed transformation file; document the conversion method used in the instrument or submission.

6. For legacy instruments, consider endorsement but note validity protection. If dealing with an instrument originally prepared under AGD prior to 16 December 2000, endorse it with a statement that AGD applied to that determination if it is practicable to do so (r 11(4)). If it is impracticable, be aware the omission does not affect validity, but keep records showing attempts to endorse or reasons for impracticability.

7. Exclude the listed imposts from federal duty when computing royalty value. When calculating royalty value under s 145A(3) of the Act, exclude the imposts listed in r 8(a)-(j) from the definition of “federal duty”. These excluded items include taxes/duties embedded in purchase prices, departure tax, fringe benefits tax, PAYG style deductions under the Income Tax Assessment Act 1936, customs import duty, aircraft landing charge, training guarantee charge, superannuation guarantee charge, and Part 4.2 contributions under the Higher Education Funding Act 1988 (r 8). Ensure accounting and royalty calculation templates reflect these exclusions.

8. Check transitional operation of older regulation text where relevant. If your matter involves Schedule 3 clause 4 of the Act or transitional rights connected to older regulations, apply regulation 12 to understand which version of regulation 3 applies and whether it has been deleted for that application (r 12(1)-(3)). This is particularly important for dealings that straddle amendment commencement dates.

9. Maintain complete transactional records and Ministerial approval evidence. Because r 5 requires details of related dealings, including dates of Ministerial approval and registration numbers, maintain a clear audit trail of any prior entries in the Register and any approvals. This reduces administrative queries and processing delays.

10. Engage experts for technical conversion and boundary work. For any boundary or graticular determinations, involve qualified surveyors who can apply the specified ellipsoids, reference frames and transformation files listed in r 9-11. Insist on a signed surveyor’s certificate that identifies which datum and which conversion method (for example NTV2) was used.

11. Keep fee and datum checklists for transaction workflows. Given the frequency of changes to fees and datums, maintain a procedural checklist that captures (a) the relevant Act section engaged, (b) the exact prescribed fee or rate per Schedule 1 or r 3, (c) whether a prescribed form or particulars are required (r 4, r 5), and (d) whether conversion or a particular datum is mandated (r 9-11). Update the checklist after each known amendment date in the compilation table.

12. Consult the parent Act for enforcement and penalty consequences. As the regulations do not set penalty amounts, review the Petroleum (Submerged Lands) Act 1982 to identify offences, penalty units and enforcement mechanisms tied to non‑payment, non‑provision of particulars or improper use of forms.

13. Document currency and authenticity of conversion tools. When using NTV2 or other conversion grids, archive the version of the grid file and the date of use. That evidence can be necessary if an administrative query arises about coordinate transformation accuracy.

14. Where doubt exists, provide fuller particulars. Regulation 5 is prescriptive but also requires disclosure about related dealings and Ministerial approval dates. When in doubt about whether an earlier transaction qualifies as a related dealing under r 5(2), include details and explain why it is or is not related. That reduces the chance of administrative follow‑up.

Following these steps will align transactions and submissions with the detailed prescriptions in the regulations: fees and rates (r 3, Schedule 1), transfer form (r 4, Schedule 2), prescribed particulars for dealings (r 5), royalty exclusions (r 8), datums and conversions (r 9-11), and transitional treatment (r 12).