Geocentric Datum of Australia 1994 previously prescribed (Act s. 10) 5
Geocentric Datum of Australia 2020 currently prescribed (Act s. 10) 6
Australian Geodetic Datum prescribed for limited purposes (Act s. 10) 6
Transitional provision: operation of r. 3 8
Schedule 1 — Prescribed fees
Schedule 2
Notes
Compilation table 12
Defined terms
Petroleum (Submerged Lands) Act 1982
Petroleum (Submerged Lands) Regulations 1990
1. Citation
These regulations may be cited as the Petroleum (Submerged Lands) Regulations 1990.
2. Commencement
These regulations shall come into operation on the day fixed under section 2(1) of the Acts Amendment (Petroleum) Act 1990.
2A. Terms used
In these regulations —
AGD means the Australian Geodetic Datum referred to in regulation 11;
GDA means the Geocentric Datum of Australia 1994 referred to in regulation 9.
[Regulation 2A inserted: Gazette 15 Dec 2000 p. 7216; amended: SL 2025/172 r. 19.]
3. Prescribed fees, rates and sums
(1) For the purposes of a provision of the Act specified in Column 2 of Schedule 1, the prescribed fee is the amount specified in Column 3 of that Schedule opposite to that provision.
(2) For the purposes of section 87(2) of the Act, the prescribed fee is a fee calculated at the rate of $149.00 per page.
[(3)‑(5) deleted]
(6) For the purposes of section 139(a) of the Act, the prescribed minimum fee is $2 400.00.
(7) For the purposes of section 139(b) of the Act, the prescribed rate is a rate of $919.00.
(8) For the purposes of section 139A of the Act, the prescribed rate is a rate of $20 000.00.
(9) For the purposes of section 140 of the Act, the prescribed rate is a rate of $17 400.00.
(10) For the purposes of section 141A of the Act, the fee is $17 400.00.
[Regulation 3 amended: Gazette 22 Jul 1994 p. 3781; 27 Jun 2000 p. 3253; 28 Jun 2002 p. 3093; 28 Feb 2003 p. 674; 23 Jun 2009 p. 2475; 9 Feb 2010 p. 270; 11 May 2010 p. 1819‑20; 16 Jul 2010 p. 3360; 24 May 2011 p. 1898; 1 Jul 2011 p. 2737; 12 Jun 2012 p. 2461; 25 Feb 2014 p. 500‑1; 17 Jun 2014 p. 1984; 30 Jun 2015 p. 2345 and 2348; 24 Jun 2016 p. 2329-30; 23 Jun 2017 p. 3300; 25 Jun 2018 p. 2315; 18 Jun 2019 p. 2051; SL 2020/93 r. 25; SL 2021/85 r. 36.]
[3A. Deleted: Gazette 23 Jun 2009 p. 2475.]
4. Form of instrument of transfer
For the purposes of section 78(3)(a) of the Act, the prescribed form of an instrument of transfer is the form set out in Schedule 2.
5. Instrument under Act s. 81(4)(b)
(1) For the purposes of section 81(4)(b) of the Act, the following particulars are prescribed —
(a) description and date of execution of the instrument evidencing the dealing referred to in section 81(4)(a) of the Act (in this subregulation referred to as the dealing);
(b) details of the title (including the type and number of the title) to which the dealing relates;
(c) full name and business address of each party to the dealing;
(d) details of the effect or effects, on registration, of the dealing specified in the relevant paragraph or paragraphs of section 81(1) of the Act;
(e) details of the interest or interests in the title of all parties to the dealing —
(i) before the registration of the dealing; and
(ii) in the event of approval of the dealing, after the registration of the dealing;
(f) in the case of a dealing to which section 4(5)(a) of the Petroleum (Submerged Lands) Registration Fees Act 1982 applies, the value of the consideration;
(g) in the case of a dealing relating to an interest in a licence or pipeline licence to which section 4(5)(b) of the Petroleum (Submerged Lands) Registration Fees Act 1982 applies, the value of the interest;
(h) whether or not the parties to the dealing have made or propose to make an application for the purposes of section 4(7) of the Petroleum (Submerged Lands) Registration Fees Act 1982;
(j) in respect of any related dealing in relation to which an entry has been made in the Register or an application in writing for approval by the Minister has been lodged (whether before or after the day fixed under section 2(1) of the Acts Amendment (Petroleum) Act 1990) —
(i) description and date of execution of the instrument evidencing the dealing; and
(ii) date of approval by the Minister (if appropriate); and
(iii) registration number (if any).
(2) In subregulation (1) —
related dealing means any dealing executed, before the execution of the instrument evidencing the dealing referred to in subregulation (1)(a), by some or all of the parties to that instrument —
(a) that affects the title which is the subject of the dealing to which the instrument referred to in subregulation (1)(a) relates; and
(b) that —
(i) creates or assigns an option to enter into the dealing referred to in subregulation (1)(a); or
(ii) creates or assigns a right to enter into the dealing referred to in subregulation (1)(a); or
(iii) is altered or terminated by the dealing referred to in subregulation (1)(a),
and includes any transaction in respect of which an instrument was registered under section 81 of the Act before the day fixed under section 2(1) of the Acts Amendment (Petroleum) Act 1990.
[6, 7. Deleted: Gazette 23 Jun 2009 p. 2475.]
8. Royalty value — deductible imposts
The following imposts are excluded from the definition of federal duty in section 145A(3) of the Act —
(a) all taxes, duties, fees, levies and charges already included in the purchase price of goods or services purchased by the permittee, lessee or licensee;
(b) departure tax;
(c) fringe benefits tax;
(d) deductions from salary or wages as required under the Income Tax Assessment Act 1936 of the Commonwealth to enable income tax to be collected from employees by instalments;
(e) deductions from prescribed payments as required under the Income Tax Assessment Act 1936 of the Commonwealth to enable tax to be collected in respect of certain payments for work;
(f) customs import duty;
(g) aircraft landing charge;
(h) training guarantee charge;
(i) superannuation guarantee charge;
(j) contributions under Part 4.2 of the Higher Education Funding Act 1988 of the Commonwealth.
[Regulation 8 inserted: Gazette 20 May 1994 p. 2125‑6.]
9. Geocentric Datum of Australia 1994 previously prescribed (Act s. 10)
(1) Subject to regulation 11, the GDA is the prescribed Australian datum for the purposes referred to in section 10(1) of the Act.
(2) The reference ellipsoid for the GDA is the Geodetic Reference System 1980 (GRS80) ellipsoid with a semi‑major axis of 6 378 137 m exactly and an inverse flattening (l/f) of 298.257 222 101.
(3) The reference frame for the GDA is realised by the coordinates of the following Australian Fiducial Network geodetic stations referred to the GRS80 ellipsoid determined within the International Earth Rotation Service Terrestrial Reference Frame 1992 (ITRF92) at the epoch of 1994.0 —
No.
Name
South Latitude
East Longitude
Ellipsoidal Height
AU 012
Alice Springs
23° 40′ 12.44592″
133° 53′ 07.84757″
603.358 m
AU 013
Karratha
20° 58′ 53.17004″
117° 05′ 49.87255″
109.246 m
AU 014
Darwin
12° 50′ 37.35839″
131° 07′ 57.84838″
125.197 m
AU 015
Townsville
19° 20′ 50.42839″
146° 46′ 30.79057″
587.077 m
AU 016
Hobart
42° 48′ 16.98506″
147° 26′ 19.43548″
41.126 m
AU 017
Tidbinbilla
35° 23′ 57.15627″
148° 58′ 47.98425″
665.440 m
AU 019
Ceduna
31° 52′ 00.01664″
133° 48′ 35.37527″
144.802 m
AU 029
Yaragadee
29° 02′ 47.61687″
115° 20′ 49.10049″
241.291 m
(4) This regulation does not have effect on or after the day on which the Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025 regulations 20 and 21 come into operation.
[Regulation 9 inserted: Gazette 15 Dec 2000 p. 7216‑17; amended: SL 2025/172 r. 20.]
10. Geocentric Datum of Australia 2020 currently prescribed (Act s. 10)
(1) In this regulation —
Geocentric Datum of Australia 2020 means the Reference Frame defined in the National Measurement (Recognized‑Value Standard of Measurement of Position) Determination 2017 (Cth) clause 4.
(2) The Geocentric Datum of Australia 2020 is prescribed for the purposes referred to in section 10(1) of the Act.
[Regulation 10 inserted: SL 2025/172 r. 21.]
11. Australian Geodetic Datum prescribed for limited purposes (Act s. 10)
(1) Despite regulation 10, the AGD is the prescribed datum for the purposes referred to in —
(a) section 10(5) of the Act (which refers to the determination of the position on the surface of the Earth of the boundary of the area described in Schedule 2 to the Act); and
(b) section 17(4) of the Act (which refers to the determination of the position on the surface of the Earth of a graticular section or a block).
(2) The AGD is defined by an ellipsoid having a semi‑major axis (equatorial radius) of 6 378 160 m and a flattening of 1/298.25 and fixed by the position of the origin being the Johnston Geodetic Station in the Northern Territory of Australia.
(3) The Johnston Geodetic Station is taken to be situated at —
(a) 25° 56′ 54.5515″ south latitude and 133° 12′ 30.0771″ east longitude; or
(b) where decimal reckoning is used, 25° 56.90919′ south latitude and 133° 12.50129′ east longitude,
and to have a ground level elevation of 571.2 m above the ellipsoid referred to in subregulation (2).
(4) An instrument in force under the Act or these regulations immediately before 16 December 2000 that contains a reference to the position on the surface of the Earth of a point, line or area determined by reference to the AGD is to be endorsed, if it is practicable to do so, with a statement to the effect that the AGD applied to that determination, but the omission of such a statement does not affect the validity of the instrument.
(5) If, in relation to an instrument referred to in subregulation (4), coordinates calculated by reference to the AGD are to be converted to coordinates calculated by reference to the GDA, the conversion is to be made using the National Transformation Version 2 (NTV2) grid file transformation.
[Regulation 11 inserted: Gazette 15 Dec 2000 p. 7218; amended: SL 2025/172 r. 22.]
12. Transitional provision: operation of r. 3
(1) In this regulation —
regulation 3 means regulation 3 as in force immediately before the commencement of the Petroleum and Energy Legislation Amendment Act 2010 section 149.
(2) This regulation is made for the purposes of Schedule 3 clause 4(4) of the Act.
(3) Regulation 3 as continued in force under Schedule 3 clause 4(3)(b) of the Act is, for the purposes of its application under that paragraph, deleted.
[Regulation 12 inserted: Gazette 30 Jun 2015 p. 2345.]
Schedule 1 — Prescribed fees
[r. 3(1)]
[Heading inserted: SL 2024/97 r. 25.]
Column 1 Item
Column 2 Provision of Act
Column 3 Amount of prescribed fee ($)
1.
s. 21(1)(f)
8 740.00
2.
s. 24(1)(a)
8 320.00
3.
s. 30(2)(c)
8 740.00
4.
s. 38A(2)(e)
8 320.00
5.
s. 38CA(2)(d)
8 320.00
6.
s. 38F(2)(d)
8 320.00
7.
s. 41(1)(e)
8 950.00
8.
s. 48(1)(a)
8 740.00
9.
s. 51(2)(e)
8 740.00
10.
s. 54(2)(d)
8 320.00
11.
s. 60B(2)(d)
8 320.00
12.
s. 60J(2)(d)
7 550.00
13.
s. 64(1)(f)
8 740.00
14.
s. 71(2)(e)
8 740.00
15.
s. 79(2)
167.00
16.
s. 79(3)(b)
156.00
17.
s. 86(1)
149.00
18.
s. 87(3)
142.00
19.
s. 111(2)(d)
8 740.00
20.
s. 141
233.00
[Schedule 1 inserted: SL 2024/97 r. 25; amended: SL 2025/90 r. 26.]
Schedule 2
[Regulation 4]
Petroleum (Submerged Lands) Act 1982
Petroleum (Submerged Lands) Regulations 1990
Form of Instrument of Transfer of Title under section 78 of Petroleum (Submerged Lands) Act 1982
I/We (1) (2) ................................................................................................................ being the registered holder/holders (1) of (3) ........................................................... in consideration of (4) ............................................................................................. hereby transfer all right, title and interest in that (3) ............................................ to (5) ......................................................................................................................
In witness of this transfer the parties to the transfer have affixed their respective common seals or signatures below on this ................................................ day of .......................................... 20 ..................
(6) (7)
(1) Delete whichever is inapplicable.
(2) Here insert the name of the transferor, or, if there are 2 or more transferors, the name of each transferor.
(3) Here insert the type (e.g. exploration permit, production licence), and number, of the property transferred that is a title as defined in section 74J of the Act.
(4) Here insert the value of the consideration for the transfer or the value of the title transferred. If the transfer of the title is pursuant to a dealing which has been approved and registered under the Act, insert a reference that is sufficient to identify that dealing.
(5) Here insert the name and address of the transferee, or, if there are 2 or more transferees, the name and address of each transferee.
(6) Here affix the common seal or signature of the transferor or of each transferor, as the case may be.
(7) Here affix the common seal or signature of the transferee or of each transferee, as the case may be.
[Schedule 2 amended: Gazette 23 Jun 2009 p. 2477.]
dline
Notes
This is a compilation of the Petroleum (Submerged Lands) Regulations 1990 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
Citation
Published
Commencement
Petroleum (Submerged Lands) Regulations 1990
28 Sep 1990 p. 5105‑8
1 Oct 1990 (see r. 2 and Gazette 28 Sep 1990 p. 5099)
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