Div 6General

Division 6—General 93—Notice of grants of permits etc to be published The Minister shall cause notice of, and such particulars as he thinks fit of— (a) the grant, and the grant of the renewal, of a permit, lease, licence or pipeline licence; and (b) the variation of a licence or pipeline licence; and (c) the surrender or cancellation of a permit, lease or licence as to all or some of the blocks in the permit area, lease area or licence area; and (d) the determination of a permit or lease as to a block or blocks; and (e) an application for a pipeline licence or for the renewal or variation of a pipeline licence; and (f) the surrender or cancellation of a pipeline licence as to the whole or a part of the pipeline; and (g) the expiry of a permit, lease, licence or pipeline licence, under this Part to be published in the Gazette. 94—Date of effect of surrender etc of permits etc (2) The surrender or cancellation of a permit, lease or licence as to all or some of the blocks in the permit area, lease area or licence area has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette. (3) The surrender or cancellation of a pipeline licence as to the whole or a part of the pipeline has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette. (4) A variation of a licence or pipeline licence has effect on and from the day on which notice of the variation is published in the Gazette. 95—Commencement of works (1) Where a permit, lease, licence or pipeline licence is granted subject to a condition that works or operations specified in the permit, lease, licence or pipeline licence are to be carried out, the permittee, lessee, licensee or pipeline licensee, as the case may be, shall commence to carry out those works or operations within a period of six months after the day on which the permit, lease, licence or pipeline licence, as the case may be, comes into force. (2) The Minister may, for reasons that he thinks sufficient, by instrument in writing served on a permittee, lessee, licensee or pipeline licensee— (a) exempt him from compliance with the requirements of subsection (1); and (b) direct him to commence to carry out the works or operations specified in the permit, lease, licence or pipeline licence, as the case may be, within such period after the day on which the permit, lease, licence or pipeline licence, as the case may be, comes into force as is specified in the instrument. 96—Work practices (1) A permittee, lessee or licensee shall carry out all petroleum exploration operations and operations for the recovery of petroleum in the permit area, lease area or licence area in a proper and workmanlike manner and in accordance with good oil-field practice and shall secure the safety, health and welfare of persons engaged in those operations in or about the permit area, lease area or licence area. (2) In particular, and without limiting the generality of subsection (1), but subject to any authorisation or requirement given or made by or under this Act or directions under this Act, a permittee, lessee or licensee shall— (a) control the flow and prevent the waste or escape in the permit area, lease area or licence area of petroleum or water; and (b) prevent the escape in the permit area, lease area or licence area of any mixture of water or drilling fluid with petroleum or any other matter; and (c) prevent damage to petroleum-bearing strata in an area, whether in the adjacent area or not, in respect of which the permit, lease or licence is not in force; and (d) keep separate— (i) each petroleum pool discovered in the permit area, lease area or licence area; and (ii) such of the sources of water, if any, discovered in that area as the Minister, by instrument in writing served on that person, directs; and (e) prevent water or any other matter entering any petroleum pool through wells in the permit area, lease area or licence area except when required by, and in accordance with, good oil-field practice. (3) A pipeline licensee shall operate the pipeline in a proper and workmanlike manner and shall secure the safety, health and welfare of persons engaged in operations in connection with the pipeline. (4) In particular and without limiting the generality of subsection (3), a pipeline licensee shall prevent the waste or escape of petroleum or water from the pipeline or from any secondary line, pumping station, tank station, valve station or water line (5) A person who is the holder of a special prospecting authority or an access authority shall carry out all petroleum exploration operations in the area in respect of which the special prospecting authority or access authority is in force in a proper and workmanlike manner and in accordance with good oil-field practice and shall secure the safety, health and welfare of persons engaged in those operations in or about that area. (7) It is a defence if a person charged with failing to comply with a provision of this section, or a defendant in an action arising out of a failure by the defendant to comply with a provision of this section, proves that he took all reasonable steps to comply with that provision. (8) The penalty for an offence against this section is a fine of $10 000. 96A—Conditions relating to insurance (1) The holder of a permit, lease, licence or pipeline licence must maintain, as directed by the Minister from time to time, insurance against expenses or liabilities or specified things arising in connection with, or as a result of, the carrying out of work, or the doing of any other thing, under the permit, lease, licence or pipeline licence, including expenses of complying with directions with respect to the clean-up or other remedying of the effects of the escape of petroleum. (2) The conditions subject to which a special prospecting authority or access authority is granted may include a condition that the holder maintain, as directed by the Minister from time to time, insurance against expenses or liabilities or specified things arising in connection with, or as a result of, the carrying out of work, or the doing of any other thing, under the authority, including expenses of complying with directions with respect to the clean-up or other remedying of the effects of the escape of petroleum. 97—Maintenance etc of property (1) In this section— operator means a permittee, lessee, licensee, pipeline licensee or holder of a special prospecting authority or access authority; the operations area— (a) in relation to an operator who is a permittee, lessee or licensee means the permit area, lease area or licence area as the case may be; and (b) in relation to an operator who is a pipeline licensee—means the part of the adjacent area in which the pipeline is constructed; and (c) in relation to an operator who is the holder of a special prospecting authority or access authority—means the area in respect of which that authority is in force. (2) An operator shall maintain in good condition and repair all structures, equipment and other property in the operations area and used in connection with the operations in which he is engaged. (3) An operator shall remove from the operations area all structures, equipment and other property that are not either used or to be used in connection with the operations in which he is engaged. (4) Subsections (2) and (3) do not apply in relation to any structure, equipment or other property that was not brought into the operations area by or with the authority of the operator. (5) The penalty for an offence against this section is a fine of $10 000. 98—Sections 96 and 97 to have effect subject to this Act etc Sections 96 and 97 have effect subject to— (a) any other provisions of this Act; and (b) a direction under section 100; and (c) any other law. 99—Drilling near boundaries (1) A permittee, lessee or licensee shall not make a well any part of which is less than 300 metres from a boundary of the permit area, lease area or licence area, as the case may be, except with the consent in writing of the Minister and in accordance with such conditions, if any, as are specified in the instrument of consent. (2) Where a permittee, lessee or licensee does not comply with subsection (1), the Minister may, by instrument in writing served on the permittee, lessee or licensee, as the case may be, direct him to do one or more of the following, within the period specified in the instrument: (a) to plug the well; and (b) to close off the well; and (c) to comply with such directions relating to the making or maintenance of the well as are specified in the instrument. 100—Directions (1) The Minister may, by instrument in writing served on the registered holder of a permit, lease, licence, pipeline licence, special prospecting authority or access authority, give to the registered holder a direction as to any matter with respect to which regulations may be made. (2) A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to— (a) a specified class of persons, being a class constituted by or included in one or both of the following classes of persons: (i) servants or agents of, or persons acting on behalf of, the registered holder; (ii) persons performing work or services, whether directly or indirectly, for the registered holder; or (b) any person (not being a person to whom the direction applies otherwise than in accordance with this paragraph) who is in the adjacent area for any reason touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum or the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil or is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of that kind, and where a direction so expressed is given, the direction shall be deemed to apply to each person included in that specified class or to each person who is in the adjacent area as mentioned in paragraph (b), as the case may be. (2a) Where a direction under this section applies to a registered holder and to a person referred to in paragraph (2)(a), the registered holder shall cause a copy of the instrument by which the direction was given to be given to that other person or to be exhibited at a prominent position at a place in the adjacent area frequented by that other person. (2b) Where a direction under this section applies to a registered holder and to a person referred to in paragraph (2)(b), the registered holder shall cause a copy of the instrument by which the direction was given to be exhibited at a prominent position at a place in the adjacent area. (2c) Where a direction under this section applies to a registered holder and to a person referred to in paragraph (2)(b), the Minister may, by notice in writing given to the registered holder, require the registered holder to cause to be displayed at such places in the adjacent area, and in such manner, as are specified in the notice, copies of the instrument by which the direction was given, and the registered holder shall comply with that requirement. (3) The Minister shall not give a direction of a standing or permanent nature except after consultation with the Minister of State for the time being administering the Commonwealth Act, but the validity of a direction of the Minister shall not be called in question by reason only of a failure to comply with this subsection. (4) A direction under this section has effect and shall be complied with notwithstanding any previous direction under this section. (5) A direction under this section has effect and shall be complied with notwithstanding anything in the regulations or in the Off-shore Waters (Application of Laws) Act 1976 as modified by regulation under section 13 and as applying in the adjacent area. (6) Section 151(2a) and (2b) apply in relation to directions made under this section in like manner as that section applies to the regulations. (7) A person who fails to comply with a direction in force under subsection (1) that applies to him or her is guilty of an offence. (a) a direction given under this section applies to a registered holder and another person and that other person is prosecuted for an offence against subsection (7) in relation to the direction; and (b) the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction, the person shall not be convicted of the offence unless the prosecutor proves that the person knew, or could reasonably be expected to have known, of the existence of the direction. 101—Compliance with directions (1) Where a person does not comply with a direction given or applicable to the person under this Part or the regulations the Minister may do all or any of the things required by the direction to be done. (2) Costs and expenses incurred by the Minister under subsection (1) in relation to a direction are a debt due by the person to whom the direction was given or was applicable to the State and are recoverable in a court of competent jurisdiction. (2a) Where— (a) a direction given under section 100 applies to a permittee, lessee, licensee, pipeline licensee or the holder of a special prospecting authority or access authority and another person and an action under subsection (2) relating to the direction is brought against that other person; and (b) the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction, the person is not liable under subsection (2) unless the plaintiff proves that the person knew, or could reasonably be expected to have known, of the existence of the direction. (3) It is a defence if a person charged with failing to comply with a direction given or applicable to the person under this Part or under the regulations or a defendant in an action under subsection (2) proves that he took all reasonable steps to comply with the direction. 102—Exemption (a) a permit, lease, licence or pipeline licence is, under this Part, to be deemed to continue in force until the Minister grants, or refuses to grant, the renewal of the permit, lease, licence or pipeline licence; or (b) a licence is varied under section 44; or (c) a licensee enters into an agreement under section 58 or a direction is given to a licensee under that section; or (d) a permit, lease or licence is partly cancelled, partly determined or surrendered as to one or more but not all of the blocks in respect of which it is in force; or (e) a pipeline licence is varied under section 70 or 71; or (f) a direction is given to a pipeline licensee under section 72; or (g) a pipeline licence is partly cancelled; or (ga) a permittee, lessee or licensee consents to the making of a determination under section 7A; or (h) an access authority is granted in respect of a block the subject of a permit, lease or licence, or an access authority as in force in respect of such a block is varied; or (i) a permittee, lessee, licensee, pipeline licensee or the holder of a special prospecting authority or access authority applies, by instrument in writing served on the Minister— (i) for a variation or suspension of; or (ii) for exemption from compliance with, any of the conditions to which the permit, lease, licence, pipeline licence, special prospecting authority or access authority is subject; or (j) the Minister under this Part or the regulations gives a direction or consent to a permittee, lessee, licensee, pipeline licensee or the holder of a special prospecting authority or access authority, the Minister may, at any time, by instrument in writing served on the permittee, lessee, licensee, pipeline licensee or the holder of the special prospecting authority or access authority— (k) vary or suspend; or (l) exempt the permittee, lessee, licensee, pipeline licensee or the holder of the special prospecting authority or access authority from compliance with, any of the conditions to which the permit, lease, licence, pipeline licence, special prospecting authority or access authority is subject, upon such conditions, if any, as the Minister determines and specifies in the instrument. (2) Subsection (1) does not authorise the making of an instrument to the extent that it would affect the term of a permit, lease, licence or pipeline licence. (3) Notwithstanding subsection (2), where, in pursuance of subsection (1), the Minister suspends, or exempts the permittee or lessee from compliance with, any of the conditions to which a permit or lease is subject, the Minister may, if he considers that circumstances make it reasonable to do so, in the instrument of suspension or exemption or by a later instrument in writing served on the permittee or lessee, extend the term of the permit or lease by a period not exceeding the period of suspension or exemption. 103—Surrender of permits etc (1) The registered holder of an instrument, being a permit, lease, licence or pipeline licence, may, at any time, by application in writing served on the Minister, apply for consent to surrender the instrument— (a) in the case of a permit or licence—as to all or some of the blocks in respect of which it is in force; or (aa) in the case of a lease—as to all of the blocks in respect of which it is in force; or (b) in the case of a pipeline licence—as to the whole or a part of the pipeline in respect of which it is in force. (2) Subject to subsection (3), the Minister shall not give his consent to a surrender of an instrument under subsection (1) unless the registered holder— (a) has paid all fees and amounts payable by him under this Act, or has made arrangements that are satisfactory to the Minister for the payment of those fees and amounts; and (b) has complied with the conditions to which the instrument is subject and with the provisions of this Part and of the regulations; and (c) has, to the satisfaction of the Minister, removed or caused to be removed from the area to which the surrender relates all property brought into that area by any person engaged or concerned in the operations authorised by the instrument, or has made arrangements that are satisfactory to the Minister with respect to that property; and (d) has, to the satisfaction of the Minister, plugged or closed off all wells made in that area by any person engaged or concerned in the operations authorised by the instrument; and (e) subject to this Part and to the regulations, has made provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area; and (f) has, to the satisfaction of the Minister made good any damage to the sea-bed or subsoil in that area caused by any person engaged or concerned in the operations authorised by the instrument, but if the registered holder has complied with those requirements the Minister shall not unreasonably refuse to consent to the surrender. (3) Where the registered holder of an instrument, being a permit, lease, licence or pipeline licence, has not complied with the conditions to which the instrument is subject and with the provisions of this Part and of the regulations, the Minister may give his consent to a surrender of the instrument under subsection (1) if he is satisfied that, although the registered holder has not so complied, special circumstances exist that justify the giving of consent to the surrender. (4) Where the Minister consents to an application under subsection (1), the applicant may, by instrument in writing served on the Minister, surrender the instrument accordingly. the area to which the surrender relates means— (a) in relation to a surrender of a permit, lease or licence—the area constituted by the blocks as to which the permit, lease or licence is proposed to be surrendered; and (b) in relation to a surrender of a pipeline licence—the part of the adjacent area in which the pipeline, or the part of the pipeline, as to which the pipeline licence is proposed to be surrendered is constructed. 104—Cancellation of permits etc (1) Where a permittee, lessee, licensee or pipeline licensee— (a) has not complied with a condition to which the permit, lease, licence or pipeline licence is subject; or (b) has not complied with a direction given to him under this Part by the Minister; or (c) has not complied with a provision of this Part or of the regulations; or (d) has not paid any amount payable by him under this Act, within a period of three months after the day on which the amount became payable, the Minister may, on that ground, by instrument in writing served on the permittee, lessee, licensee or pipeline licensee, as the case may be— (e) in the case of a permit or licence—cancel the permit or licence as to all or some of the blocks in respect of which it is in force; or (ea) in the case of a lease—cancel the lease as to all of the blocks in respect of which it is in force; or (f) in the case of a pipeline licence—cancel the pipeline licence as to the whole or a part of the pipeline in respect of which it is in force. (2) The Minister shall not, under subsection (1), cancel a permit, licence or pipeline licence as to all or some of the blocks, or as to the whole or a part of the pipeline, in respect of which it is in force, or cancel a lease as to all of the blocks in respect of which it is in force, on a ground referred to in that subsection unless— (a) he has, by instrument in writing served on the permittee, lessee, licensee or pipeline licensee, as the case may be, given not less than one month's notice of his intention so to cancel the permit, lease, licence or pipeline licence on that ground; and (c) he has, in the instrument, specified a date on or before which the permittee, lessee, licensee or pipeline licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes the Minister to consider; and (d) he has taken into account— (i) any action taken by the permittee, lessee, licensee or pipeline licensee, as the case may be, to remove that ground or to prevent the recurrence of similar grounds; and (ii) any matters so submitted to him on or before the specified date by the permittee, lessee, licensee or pipeline licensee or by a person on whom a copy of the firstmentioned instrument has been served. 105—Cancellation of permit etc not affected by other provisions (1) A permit, licence or pipeline licence may be wholly cancelled or partly cancelled, and a lease may be wholly cancelled, on the ground that the registered holder of the permit, lease, licence or pipeline licence has not complied with a provision of this Part or of the regulations notwithstanding that he has been convicted of an offence by reason of his failure to comply with the provision. (2) A person who was the registered holder of a permit, lease, licence or pipeline licence that has been wholly cancelled, or is the registered holder of a permit, licence or pipeline licence that has been partly cancelled, on the ground that he has not complied with a provision of this Part or of the regulations may be convicted of an offence by reason of his failure to comply with the provision, notwithstanding that the permit, lease, licence or pipeline licence has been so cancelled. (3) A permit, licence or pipeline licence may be wholly cancelled or partly cancelled, and a lease may be wholly cancelled, on the ground that the registered holder of the permit, lease, licence or pipeline licence has not paid an amount payable by him under this Act within a period of three months after the day on which the amount became payable, notwithstanding that judgment for the amount has been obtained or that the amount, or any part of the amount, has been paid or recovered. (4) A person who was the registered holder of a permit, lease, licence or pipeline licence that has been wholly cancelled, or is the registered holder of a permit, licence or pipeline licence that has been partly cancelled, on the ground that he has not paid an amount payable by him under this Act within a period of three months after the day on which the amount became payable continues to be liable to pay that amount, together with any additional amount payable by reason of late payment of that amount, notwithstanding that the permit, lease, licence or pipeline licence has been so cancelled. 106—Removal of property etc by permittee etc (1) Where a permit, licence or pipeline licence has been wholly determined, partly determined, wholly cancelled or partly cancelled, or has expired or a lease has been wholly determined, partly determined or wholly cancelled or has expired, the Minister may, by instrument in writing served on the person who was, or is, as the case may be, the permittee, lessee, licensee or pipeline licensee, direct that person to do any one or more of the following things: (a) to remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease, licence or pipeline licence or to make arrangements that are satisfactory to the Minister with respect to that property; and (b) to plug or close off, to the satisfaction of the Minister, all wells made in that area by any person engaged or concerned in those operations; and (c) subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area; and (d) to make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area caused by any person engaged or concerned in those operations. (2) The Minister may, by instrument in writing served on a permittee, lessee, licensee or pipeline licensee, direct him to do any one or more of the following things: (a) to remove or cause to be removed from the permit area, lease area, licence area or part of the adjacent area in which the pipeline is constructed, as the case may be, all property brought into that area or part by any person engaged or concerned in the operations authorised by the permit, lease, licence or pipeline licence or to make arrangements that are satisfactory to the Minister with respect to that property; and (b) to plug or close off, to the satisfaction of the Minister, all wells made in that area or part by any person engaged or concerned in those operations; and (c) subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area or part; and (d) to make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area or part caused by any person engaged or concerned in those operations. (3) A person to whom a direction is given under subsection (1) or (2) shall comply with the direction— (a) in the case of a direction given under subsection (1)—within the period specified in the instrument by which the direction was given; or (b) in the case of a direction given under subsection (2)—on or before the date of expiration of the permit, lease, licence or pipeline licence concerned. 107—Removal of property etc by Minister Where a permit, licence or pipeline licence has been wholly determined, partly determined, wholly cancelled or partly cancelled, or has expired, or a lease has been wholly determined, partly determined or wholly cancelled or has expired, and a direction under section 106 has not been complied with, or an arrangement under that section has not been carried out, in relation to the relinquished area— (a) the Minister may do all or any of the things required by the direction or arrangement to be done; and (b) if any property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease, licence or pipeline licence has not been removed in accordance with the direction or arrangement, the Minister may, by instrument published in the Gazette, direct that the owner or owners of that property shall remove it from that area, or dispose of it to the satisfaction of the Minister, within the period specified in the instrument and shall serve a copy of the instrument on each person whom he believes to be an owner of that property or any part of that property. 108—Payment by instalments (1) The Minister and a person who may request, or has requested, that a permit under section 26 or a licence under section 49 be granted to him may enter into an agreement in writing for or in relation to the payment, by instalments, of the amount to be paid in respect of the grant of the permit or licence, together with interest at the rate that is the specified rate from time to time on so much of that amount as from time to time remains unpaid. (2) For the purposes of subsection (1), the specified rate is ten per centum per annum or, if a lower rate is prescribed, that lower rate. (3) The period specified in an agreement under this section as the period within which an amount payable by instalments is to be paid shall not be greater than 21 years. (4) Where a person enters into an agreement under this section for or in relation to the payment of an amount in respect of the grant of a permit or licence, any instalment or interest that is due under the agreement and has not been paid is payable by the registered holder of the permit or licence, as the case may be. 109—Penalty for late payments of instalments etc (1) Where the liability of a person under section 108 to pay an amount, being an instalment or any interest, is not discharged at or before the time when the amount is payable, there is payable by that person an additional amount calculated at the rate of one-third of one per centum per day upon so much of the firstmentioned amount as from time to time remains unpaid, to be computed from the time when the firstmentioned amount became payable until it is paid. (2) The Minister may, in a particular case, for reasons that he thinks sufficient, remit the whole or part of an amount payable under this section. 110—Special prospecting authorities (1) A person may make an application to the Minister for the grant of a special prospecting authority in respect of a block or blocks in respect of which a permit, lease or licence is not in force. (c) shall specify the operations that the applicant proposes to carry on and the block or blocks in respect of which the applicant proposes to carry on those operations; and (d) must be accompanied by the prescribed fee. (3) The Minister— (a) may grant to the applicant a special prospecting authority subject to such conditions as the Minister thinks fit and specifies in the authority; or (b) may refuse to grant the application. (4) A special prospecting authority, while it remains in force, authorises the holder, subject to this Act and in accordance with the conditions to which the special prospecting authority is subject, to carry on in the blocks specified in the special prospecting authority the petroleum exploration operations so specified. (5) Nothing in a special prospecting authority authorises the holder to make a well. (6) A special prospecting authority comes into force on the day specified for the purpose in the authority and, unless surrendered or cancelled, remains in force for such period, not exceeding six months, as is so specified. (6a) A special prospecting authority is not capable of being transferred. (6b) Where— (a) a person holds a special prospecting authority in respect of a block; and (b) another special prospecting authority is granted to another person in respect of the block, the Minister shall, by notice in writing served on each of those persons, inform each of them of— (c) the petroleum exploration operations authorised by the special prospecting authority granted to the other person; and (d) the conditions to which the special prospecting authority granted to the other person is subject. (7) A special prospecting authority— (a) may be surrendered by the holder at any time by instrument in writing served on the Minister; and (b) may, if the holder has not complied with a condition to which the authority is subject, be cancelled by the Minister by instrument in writing served on the holder. (8) Where a special prospecting authority has been surrendered or cancelled, or has expired, the Minister may, by instrument in writing served on the person who was the holder of the special prospecting authority, direct that person to do any one or more of the following things: (a) to remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorised by the special prospecting authority or to make arrangements that are satisfactory to the Minister with respect to that property; and (b) subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area; and (c) to make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area caused by any person engaged or concerned in those operations. (9) A person to whom a direction is given under subsection (8) shall comply with the direction. (10) Section 107 applies to and in relation to a special prospecting authority as if— (a) a reference in that section to a permit were a reference to a special prospecting authority; and (b) a reference in that section to a direction or an arrangement under section 106 were a reference to a direction or an arrangement under subsection (8). 111—Access authorities (1) A permittee, lessee or licensee may make an application to the Minister for the grant of an access authority to enable him to carry on in an area, being part of the adjacent area that is not part of the permit area, lease area or licence area, petroleum exploration operations or operations related to the recovery of petroleum in or from the permit area, lease area or licence area. (1a) A holder of a Commonwealth title or a State title may make an application to the Minister for the grant of an access authority to enable the holder to carry on, in a part of the adjacent area, petroleum exploration operations or operations related to the recovery of petroleum in or from the area to which that Commonwealth or State title relates. (1b) The holder of a special prospecting authority may make an application to the Minister for the grant of an access authority to enable the applicant to carry on petroleum exploration operations in an area, being part of the adjacent area not included in any block that is the subject of the special prospecting authority. (c) shall specify the operations that the applicant proposes to carry on and the area in which the applicant proposes to carry on those operations; and (d) may set out any other matters that the applicant wishes the Minister to consider. (3) The Minister may— (a) if he is satisfied that it is necessary or desirable to do so for the more effective exercise of the rights, or for the proper performance of the duties, of a permittee, lessee, licensee, holder of a special prospecting authority or holder of a Commonwealth or State title who has made an application under this section, grant to him an access authority subject to such conditions as the Minister thinks fit and specifies in the access authority; and (b) at any time, by instrument in writing served on the registered holder of an access authority so granted, vary the access authority. (4) The Minister shall not grant an access authority on an application under this section in respect of a block that is the subject of a permit, lease, licence or special prospecting authority of which the registered holder is a person other than the applicant, or vary such an access authority as in force in respect of a block that is the subject of a permit, lease, licence or special prospecting authority of which the registered holder is a person other than the registered holder of the access authority, unless— (a) he has, by instrument in writing served on that person, given not less than one month's notice of his intention to grant or vary, as the case may be, the access authority; and (b) he has served a copy of the instrument— (i) on such other persons, if any, as he thinks fit; and (ii) in a case where he intends to vary an access authority—on the registered holder of the access authority; and (i) given particulars of the access authority proposed to be granted, or of the variation proposed to be made, as the case may be; and (ii) specified a date on or before which a person on whom the instrument, or a copy of the instrument, is served may, by instrument in writing served on the Minister submit any matters that he wishes the Minister to consider; and (d) he has taken into account any matters so submitted to him on or before the specified date by a person on whom the firstmentioned instrument, or a copy of that instrument, has been served. (5) An access authority, while it remains in force, authorises the holder, subject to this Act and in accordance with the conditions to which the access authority is subject, to carry on, in the area specified in the access authority, the operations so specified. (6) Nothing in an access authority authorises the holder to make a well. (7) An access authority comes into force on the day specified for the purpose in the access authority and, unless surrendered or cancelled, remains in force for such period as is so specified but may be extended by the Minister for a further period. (8) An access authority— (a) may be surrendered by the holder at any time by instrument in writing served on the Minister; and (b) may be cancelled by the Minister at any time by instrument in writing served on the holder and on any person in whose permit area, lease area or licence area operations may be carried on in pursuance of the access authority. (9) Where an access authority has been surrendered or cancelled or has expired, the Minister may, by instrument in writing served on the person who was the holder of the access authority, direct that person to do any one or more of the following things: (a) to remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorised by the access authority or to make arrangements that are satisfactory to the Minister with respect to that property; and (b) subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area; and (c) to make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area caused by any person engaged or concerned in those operations. (10) A person to whom a direction is given under subsection (9) shall comply with the direction. (11) The holder of an access authority shall, if the access authority is in force in respect of an area that consists of, or includes, a block that is the subject of a permit, lease or licence of which he is not the registered holder, furnish to the registered holder of that permit, lease or licence, within twenty-eight days after the end of each month during which the access authority is in force in respect of that block, a full report, in writing, of the operations carried on in that block during that month and a summary of the facts ascertained from those operations. (12) Section 107 applies to and in relation to an access authority as if— (a) a reference in that section to a permit were a reference to an access authority; and (b) a reference in that section to a direction or an arrangement under section 106 were a reference to a direction or an arrangement under subsection (9). (13) In this section— Commonwealth title means an authority, however described, under a law of the Commonwealth, to explore for, or to recover, petroleum; State title means an authority, however described, under a law of Victoria or Western Australia to explore for, or to recover petroleum. 112—Sale of property (1) Where a direction under section 107 has not been complied with in relation to any property, the Minister may do all or any of the following things: (a) remove, in such manner as he thinks fit, all or any of that property from the relinquished area concerned; and (b) dispose of, in such manner as he thinks fit, all or any of that property; and (c) if he has served a copy of the instrument by which the direction was given on a person whom he believed to be an owner of that property or part of that property, sell, by public auction or otherwise, as he thinks fit, all or any of that property that belongs, or that he believes to belong, to that person. (2) The Minister may deduct from the proceeds of a sale under subsection (1) of property that belongs, or that he believes to belong, to a particular person— (a) all or any part of any costs and expenses incurred by him under that subsection in relation to that property; and (b) all or any part of any costs and expenses incurred by him in relation to the doing of any thing required by a direction under section 106, 110 or 111, as the case may be, to be done by that person; and (c) all or any part of any fees or amounts due and payable under this Act by that person. (3) Costs and expenses incurred by the Minister under subsection (1)— (a) if incurred in relation to the removal, disposal or sale of property, are a debt due by the owner of the property to the State; or (b) if incurred in relation to the doing of any thing required by a direction under section 106, 110 or 111, as the case may be, to be done by a person who is or was a permittee, lessee, licensee, pipeline licensee or holder of a special prospecting authority or access authority, are a debt due by that person to the State, and, to the extent to which they are not recovered under subsection (2), are recoverable in a court of competent jurisdiction. (4) Subject to subsection (3), no action lies in respect of the removal, disposal or sale of property under this section. 114—Minister etc may require information to be furnished etc (1) Where the Minister or an inspector has reason to believe that a person is capable of giving information or producing documents relating to petroleum exploration operations, operations for the recovery of petroleum or operations connected with the construction or operation of a pipeline in the adjacent area, he may, by instrument in writing served on that person, require that person— (a) to furnish to him in writing, within the period and in the manner specified in the instrument, any such information; or (b) to attend before him or a person specified in the instrument, at such time and place as is so specified and there to answer questions relating to those operations and to produce such documents relating to those operations as are so specified. (2) A person is not excused from furnishing information, answering a question or producing a document when required to do so under this section on the ground that the information so furnished, the answer to the question or the production of the document might tend to incriminate him or make him liable to a penalty, but the information so furnished or his answer to the question is not admissible in evidence against him in proceedings other than proceedings for an offence against section 116. 115—Power to examine on oath (1) The Minister or an inspector may administer an oath to a person required to attend before him in pursuance of section 114 and may examine that person on oath. (2) Where a person attending before the Minister or an inspector in pursuance of section 114 conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth to all questions asked him. (3) An affirmation made under subsection (2) is of the same force and effect, and entails the same penalties, as an oath. 116—Failing to furnish information etc A person shall not— (a) refuse or fail to comply with a requirement in an instrument under section 114 to the extent to which he is capable of complying with it; or (b) in purported compliance with such a requirement, furnish information that is to his knowledge false or misleading in a material particular; or (c) when attending before the Minister or an inspector in pursuance of such a requirement, make a statement or produce a document that is to his knowledge false or misleading in a material particular. 117—Release of information (1) The Minister may, at any time, make available to another Minister or to a Minister of State of the Commonwealth or of another State— (a) any information contained in a document to which this section applies that has been furnished to the Minister; and (b) any cores or cuttings from, or samples of, the sea-bed or subsoil in a block, or samples of petroleum recovered in a block, that have been furnished to the Minister. (1b) The Minister may, at any time after the grant or renewal, or refusal to grant or renew, a permit, lease, licence, pipeline licence, access authority or special prospecting authority— (b) on request by a person and, if the Minister so requires, on payment of the prescribed fee, make available to that person, any information contained in, or accompanying, the application for the grant or renewal, as the case may be, but not including— (c) information of a kind referred to in subsection (2) or (5a); or (d) particulars of— (i) the technical qualifications of the applicant and of the employees of the applicant; or (ii) the technical advice available to the applicant; or (iii) the financial resources available to the applicant. (2) The Minister may, at any time after the relevant day— (b) on request by a person and, if the Minister so requires, on payment of the prescribed fee, make available to that person, any information contained in a document to which this section applies that has been furnished to the Minister, being information that relates to the sea-bed or subsoil, or to petroleum, in a block, but not including any matter contained in a document to which this section applies that, in the opinion of the Minister, is a conclusion drawn, in whole or in part, from, or an opinion based, in whole or in part, on, any such information. (3) The Minister or another Minister may, at any time after the relevant day— (a) make publicly known any particulars of; or (b) on request by a person and, if the Minister or the other Minister so requires, on payment of the prescribed fee, permit that person to inspect, any cores or cuttings from, or samples of, the sea-bed or subsoil in a block, or samples of petroleum recovered in a block, that have been furnished to the Minister or have been made available to the other Minister under subsection (1). (4) For the purposes of subsections (2) and (3)— (a) where— (i) a permit or lease is in force in respect of the block; and (ii) the document, core, cutting or sample was furnished to the Minister during the period during which any of the following were in force in respect of the block: (A) the permit or lease; (B) in a case where a lease is in force in respect of the block—the permit that ceased to be in force in respect of the block by virtue of section 37B(7) on the day on which the lease came into force, the relevant day is the day on which the period of 2 years that commenced on the day on which the document, core, cutting or sample was furnished to the Minister expires; and (b) where— (i) a licence is in force in respect of the block; and (ii) the document, core, cutting or sample was furnished to the Minister during the period during which any of the following were in force in respect of the block: (A) the licence; (B) the permit or lease that ceased to be in force in respect of the block by virtue of section 43(5) on the day on which the licence came into force, the relevant day is the day on which the period of 12 months that commenced on the day on which the document, core, cutting or sample was furnished to the Minister expires; and (c) where the document, core, cutting or sample was furnished to the Minister during a period during which a permit, lease or licence was in force in respect of the block and— (i) the permit, lease or licence is surrendered, cancelled or determined as to the block; or (ii) the permit, lease or licence expires but is not renewed in respect of the block, the relevant day is the day on which the permit, lease or licence is so surrendered, cancelled or determined or expires, as the case may be, whether another permit, lease or licence is subsequently in force in respect of the block or not; and (d) where— (i) the document, core, cutting or sample was furnished to the Minister at a time when a permit, lease or licence was not in force in respect of the block; and (ii) the information in the document or the core, cutting or sample was collected for the purpose of the sale of information on a non-exclusive basis, the relevant day is the day determined by the Minister, being a day not more than five years after the day on which the document, core, cutting or sample was furnished to the Minister; and (e) where— (i) the document, core, cutting or sample was furnished to the Minister at a time when a permit, lease or licence was not in force in respect of the block; and (ii) paragraph (d)(ii) does not apply, the relevant day is the day determined by the Minister, being a day not more than two years after the day on which the document, core, cutting or sample was furnished to the Minister. (a) a document, core, cutting or sample referred to in subsection (1) was furnished to the Minister— (i) during or in respect of a period during which a permit, lease or licence was in force in respect of the block; or (ii) during or in respect of a period during which a special prospecting authority or access authority was in force in respect of the block but during which a permit, lease or licence was not in force in respect of the block; and (b) the permittee, lessee, licensee or holder of the special prospecting authority or access authority or, if the permit, lease, licence, special prospecting authority or access authority has ceased to be in force, the person who was the holder of the permit, lease, licence, special prospecting authority or access authority— (i) has made publicly known any information contained in the document or has consented in writing to any of that information being made publicly known; or (ii) has made publicly known any particulars of that core, cutting or sample or has consented in writing to any particulars of that core, cutting or sample being made publicly known or to that core, cutting or sample being made available for inspection, the Minister, or another Minister to whom that information, core, cutting or sample has been made available under subsection (1) may, at any time after that information has, or those particulars have, been made publicly known or after that consent has been given— (c) make publicly known that information or, on request by another person and, if the Minister or the other Minister so requires, on payment of the prescribed fee, make that information available to that other person; or (d) make publicly known those particulars or, on request by any other person and, if the Minister or the other Minister so requires, on payment of the prescribed fee, permit that other person to inspect that core, cutting or sample, as the case may be. (5a) Subject to subsection (5f), the Minister may, at any time after the end of the period of 5 years after a document to which this section applies was furnished to the Minister— (b) on request by a person and, if the Minister so requires, on payment of the prescribed fee, make available to that person, any information contained in the document, being information that relates to the sea-bed or subsoil or to petroleum, in a block, and that, in the opinion of the Minister, is a conclusion drawn, in whole or in part, from, or an opinion based, in whole or in part, on any information contained in a document to which this section applies that has been furnished to the Minister. (5b) Before the Minister makes available or publicly known any information pursuant to subsection (5a), the Minister shall— (a) cause to be published in the Gazette a notice— (i) stating that the Minister proposes to make the information available or publicly known; and (ii) inviting interested persons to give to the Minister, by such day as is specified in the notice, being a day not earlier than 45 days after the publication of the notice, a notice objecting to the whole or any part of the information being made available or publicly known; and (iii) stating that, if a person does not make an objection in accordance with the invitation, the person will be taken to have consented to the information being made available or publicly known; and (b) if it is practicable to do so—cause a copy of the notice so published in the Gazette to be served on the person who furnished the document containing the information. (5c) There shall be set out in the notice of objection the reasons for making the objection. (5d) A person is not entitled to make an objection to information being made available or publicly known except on the grounds that to do so would disclose— (a) a trade secret; or (b) any other information the disclosure of which would, or could reasonably be expected to, adversely affect the person in respect of the lawful business, commercial or financial affairs of the person. (5e) Where a person makes an objection to the Minister in accordance with such an invitation, the Minister shall, within 45 days after the receipt of the notice of objection, consider the objection, and may either disallow it, or allow it in whole or in part, and shall cause to be served on the person written notice of the decision on the objection. (5f) The Minister shall not make available or make publicly known any information pursuant to subsection (5a) if there is in force an objection made in relation to the information being made available or publicly known but, where such an objection is in force, nothing in this section shall be taken to preclude a further invitation under subsection (5b) being made in relation to the information. (6) Except as provided by the preceding provisions of this section or for the purposes of the administration of this Act, the Minister, or another Minister to whom any information, core, cutting or sample has been made available under subsection (1), shall not— (a) make publicly known, or make available to any person (not being a Minister or a Minister of State of the Commonwealth or another State), any information contained in a document to which this section applies; or (b) make publicly known any particulars of, or permit any person (not being a Minister referred to in paragraph (a)) to inspect, any core, cutting or sample so referred to. (6a) This section applies to the following documents: (a) an application made to the Minister under this Act or a document accompanying such an application; (b) a report, return or other document relating to a block that has been furnished to the Minister under this Act. (7) In this section, a reference to a core, cutting or sample includes a reference to a portion of a core, cutting or sample. (8) For the purposes of this section— (a) cores and cuttings, and well data, logs, sample descriptions and other documents, relating to the drilling of a well, shall be deemed to have been furnished to the Minister not later than one month after the drilling of the well was, in the opinion of the Minister, substantially completed; and (b) geophysical or geochemical data relating to geophysical or geochemical surveys shall be deemed to have been furnished to the Minister not later than one year after the geophysical or geochemical field work was, in the opinion of the Minister, substantially completed. (9) In this section a reference to a Minister of State of another State includes a reference to a Minister of State of the Northern Territory. (10) Subsections (2) and (5a) apply to information contained in a document to which this section applies that was furnished to the Minister before or after the commencement of the Petroleum (Submerged Lands) Act Amendment Act 1987. (11) Subsection (3) applies to cores, cuttings and samples furnished to the Minister before or after the commencement of the Petroleum (Submerged Lands) Act Amendment Act 1987. 118—Safety zones (1) For the purpose of protecting a well or structure, or any equipment, in the adjacent area, the Minister may, by instrument published in the Gazette, prohibit— (a) all vessels; or (b) all vessels other than specified vessels; or (c) all vessels other than the vessels included in specified classes of vessels, from entering or remaining in a specified area (in this section called a safety zone) surrounding the well, structure or equipment without the consent in writing of the Minister. (2) A safety zone specified in an instrument under subsection (1) may extend to a distance of 500 metres around the well, structure or equipment specified in the instrument measured from each point of the outer edge of the well, structure or equipment. (3) Where a vessel enters or remains in a safety zone specified in an instrument under subsection (1) in contravention of the instrument, the owner and the person in command or in charge of the vessel are each guilty of an offence against this section and are punishable, upon conviction, by a penalty of a fine not exceeding $100 000 or imprisonment for a term not exceeding ten years, or both. 119—Discovery and use of water Where water is discovered in a permit area, a lease area or a licence area, the permittee, lessee or licensee, as the case may be, shall, within a period of one month after the date of the discovery, furnish to the Minister in writing particulars of the discovery. 120—Survey of wells etc (1) The Minister may, at any time, by instrument in writing served on a permittee, lessee or licensee, direct the permittee, lessee or licensee— (a) to carry out a survey of the position of the well, structure or equipment specified in the instrument; and (b) to furnish to him a report in writing of the survey. (2) Where the Minister is not satisfied with a report of a survey furnished to him under subsection (1) by a permittee, lessee or licensee, he may, by instrument in writing served on the permittee, lessee or licensee, direct the permittee, lessee or licensee to furnish further information in writing in connection with the survey. (3) A person to whom a direction is given under subsection (1) or (2) shall comply with the direction. 121—Records etc to be kept (1) The Minister may, by instrument in writing served on a person carrying on operations in the adjacent area under a permit, lease, licence, pipeline licence, special prospecting authority, access authority or instrument of consent under section 122, direct that person to do any one or more of the following things: (a) to keep such accounts, records and other documents in connection with those operations as are specified in the instrument; and (b) to collect and retain such cores, cuttings and samples in connection with those operations as are so specified; and (c) to furnish to the Minister, or to such person as is so specified, in the manner so specified, such reports, returns, other documents, cores, cuttings and samples in connection with those operations as are so specified. 122—Scientific investigations (1) The Minister may, by instrument in writing, consent to the carrying on in the adjacent area by any person of petroleum exploration operations in the course of a scientific investigation. (2) An instrument of consent under subsection (1) may be made subject to such conditions, if any, as are specified in the instrument. (3) An instrument of consent in force under subsection (1) authorises the person specified in the instrument, subject to section 123 and in accordance with the conditions, if any, to which the instrument is subject, to carry on, in the adjacent area, petroleum exploration operations so specified in the course of the scientific investigation so specified. 123—Interference with other rights A person carrying on operations in the adjacent area under a permit, lease, licence, pipeline licence, special prospecting authority, access authority or instrument of consent under section 59(2) or (3) or under section 122 shall carry on those operations in a manner that does not interfere with— (a) navigation; or (b) fishing; or (c) the conservation of the resources of the sea and sea-bed; or (d) any operations of another person being lawfully carried on by way of exploration for, recovery of or conveyance of a mineral, whether petroleum or not, or by way of construction or operation of a pipeline, to a greater extent than is necessary for the reasonable exercise of the rights and performance of the duties of that firstmentioned person. 124—Inspectors (1) The Minister may, by instrument in writing, appoint a person to be an inspector for the purposes of this Act. (2) The Minister may furnish to an inspector a certificate stating that he is an inspector for the purposes of this Act. (3) Where the appointment of a person under this section expires or is revoked, that person shall forthwith surrender the certificate furnished to him under this section to the Minister or, if the Minister, by instrument in writing served on that person, specifies another person to whom the certificate is to be surrendered, to that other person. Maximum penalty: $500. 125—Powers of inspectors (1) For the purposes of this Act, an inspector, at all reasonable times and on production of the certificate furnished to him under section 124— (a) shall have access to any part of the adjacent area and to any structure, ship, aircraft or building in that area that, in his opinion, has been, is being or is to be used in connection with petroleum exploration operations, operations for the recovery of petroleum or operations connected with the construction or operation of a pipeline in that area; and (b) may inspect and test any equipment that, in his opinion, has been, is being or is to be used in that area in connection with any of those operations; and (c) may enter any structure, ship, aircraft, building or place in that area or in the State, in which, in his opinion, there are any documents relating to any of those operations and may inspect, take extracts from and make copies of any of those documents. (2) A person who is the occupier or person in charge of any building, structure or place, or is the person in charge of any ship, aircraft or equipment referred to in subsection (1), shall provide an inspector with all reasonable facilities and assistance for the effective exercise of his powers under this section. (3) A person shall not, without reasonable excuse, obstruct or hinder an inspector in the exercise of his powers under this section. 126—Property in petroleum Subject to this Act and to any rights of other persons, upon recovery of any petroleum by a permittee, lessee or licensee in the permit area, lease area or licence area, the petroleum becomes the property of the permittee, lessee or licensee. 127—Suspension of right conferred by permit (1) Where the Minister is satisfied that it is necessary to do so in the public interest, he shall, by instrument in writing served on the permittee or lessee, suspend, either for a specified period or indefinitely, all or any of the rights conferred by the permit or lease. (2) Where any rights are suspended in accordance with subsection (1), any conditions required to be complied with in the exercise of those rights are also suspended. (3) The Minister may, by instrument in writing served on the permittee or lessee, terminate a suspension of rights under subsection (1). (4) Where rights conferred by a permit or lease are suspended in accordance with subsection (1), the Minister may, by the instrument of suspension or by a later instrument in writing served on the permittee or lessee, extend the term of the permit or lease by a period not exceeding the period of the suspension. 128—Certain payments to be made by State to Commonwealth The Treasurer shall, not later than the last day of each month of the year, pay to the Commonwealth amounts ascertained in accordance with the formula—