Acts Amendment (Petroleum) Act 1990 (WA)

WESTERN AUSTRALIA

ACTS AMENDMENT (PETROLEUM) ACT

No. 12 of 1990

AN ACT to amend the Petroleum Act 1967, the Petroleum Pipelines Act 1969 and the Petroleum (Submerged Lands) Act 1982 and for related purposes.

[Assented to 31 July 1990.]

The Parliament of Western Australia enacts as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Acts Amendment (Petroleum) Act

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Commencement

come into operation on such day as is, or days as are respectively,

fixed by proclamation.

(1) Subject to subsection (2), the provisions of this Act shall

(2) Section 132 shall be deemed to have come into operation on 12 December 1969.

PART 1I—PETROLEUM ACT 1967

Principal Act

3. In this Part the Petroleum Act 1967* is referred to as the

principal Act.

[*Reprinted as approved 20 September 1982 and amended by Acts

Nos. 107 of 1982, 113 of 1985 and 90 of 1987.]

Section 4 repealed

4. Section 4 of the principal Act is repealed.

Section 5 amended

5. Section 5 of the principal Act is amended—

(a) in subsection (1) by-

(i) deleting "subsection (1) or (2) of section 50 of this Act" in the definition of "application for a primary licence" and substituting the following-

"	section 50 (1) or (2) or 50A (1) or (2) ";

(ii) deleting "subsection (3) of section 50 of this Act" in the definition of "application for a secondary licence" and substituting the following-

" section 50 (3) or 50A (3) ";

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(iii) deleting the definition of "Crown land" and substituting the following

"Crown land" means all land in the State

(a) which has not been dedicated to any public purpose, or reserved;

(b) which has not been lawfully granted or contracted to be granted in fee simple; or

(i) a pastoral lease within the meaning of the Land Act 1933, or a lease otherwise granted for grazing purposes only;

(ii) a lease for timber purposes; or

(iii) a lease for the use and benefit of the Aboriginal inhabitants,

and includes

(d) any land reserved under the Land Act 1933 for public utility or for commons for the use of the inhabitants of any town or settlement;

(e)	State forests and timber reserves within the meaning of the Conservation and Land Management Act 1984;

(f) any reserve for the time being declared under section 15 (2) to be Crown land for the purposes of this Act, and to be land to which this Act applies;

(g) land referred to in section 15 (4); and

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(h) all land between-

(i) high and low-water mark on the sea shore and on the margin of tidal rivers; and

(ii) low-water mark referred to in subparagraph (i) and the inner limit of the territorial sea of Australia; ";

(iv) inserting after the definition of "inspector" the following definitions

{.1

"lease" means a retention lease under Part III;

"lease area" means the area constituted by the

blocks that are the subject of a lease;

"lessee" means the registered holder of a

lease; ";

(v) inserting after "permit" in both places where it occurs in the definition of "partly determined" the following

"	or lease ";

(vi) deleting the definition of "primary entitlement" and substituting the following

"primary entitlement" means

(a)	in relation to a permittee, the number of blocks forming part of a location in the permit area in respect of which that permittee may make an application under section 50 (1); and
(b)	in relation to a lessee, the number of blocks in the lease area in respect of which that lessee may make an application under section 50A (1); ";

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(vii) deleting "other than for pastoral or timber purposes;" in the definition of "private land" and substituting the following

other than-

(a)	a pastoral lease within the meaning of

the Land Act 1933, or a lease

otherwise granted for grazing purposes

only;

(b)

a lease for timber purposes; or

(c)

a lease for the use and benefit of the Aboriginal inhabitants; ";

(viii) inserting after "permit," in both places where it occurs in the definition of "registered holder" the following

lease, ";

(ix) inserting after "licence" in both places where it occurs in the definition of "registered holder" the following-

, special prospecting authority ";

(x) inserting after the definition of "registered holder" the following definition

C' "regulations" means regulations made under

section 153; ";

(xi) inserting after "permit" in both places where it occurs in paragraph (a) of the definition of "the relinquished area" the following-

"	, lease ";

(xii) inserting after "permit" in both places where it occurs in paragraph (b) of the definition of "the relinquished area" the following-

"	or lease ";

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(xiii) deleting "and" at the end of paragraph (c) of the definition of "the relinquished area";

(xiv) inserting after paragraph (c) of the definition of "the relinquished area" the following

I{ (ca) in relation to a lease that has been wholly

cancelled—area constituted by the blocks in respect of which the lease was in force; and ";

(xv) inserting after "permit," in both places where it occurs in the definition of "wholly cancelled" the following-

lease ";

and

(xvi) inserting after "permit" in both places where it occurs in the definition of "wholly determined" the following-

"	or lease ";

(b) in subsection (2) by-

(i) inserting after "permit," wherever it occurs the following-

lease, ";

and

(ii) deleting "ceases to have effect" and substituting the following-

" ceases to be in force ";

(i) inserting after "permit" where it first occurs the

following

, lease ";

and

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(ii) deleting "the date from and including which the permit or licence as the case may be, has effect or on any anniversary of that date" and substituting the following

It the day on which the permit, lease or licence,

as the case may be, comes into force or on any

anniversary of that day ";

(d)	by inserting after subsection (4) the following subsection

(4a) In this Act, a reference to the renewal, or to the grant of a renewal, of a lease is a reference to the grant of a lease in respect of the blocks in respect of which the firstmentioned lease was in force to commence on the day after the date of expiration of the firstmentioned lease or on the day after the date of expiration of the lease granted upon a previous renewal of the firstmentioned lease. ";

(e)

in subsection (6) by inserting after "permit," in both places where it occurs the following-

lease, ";

and

(f)	by inserting after subsection (7) the following subsection

(8) The power conferred by this Act to make, grant or issue any instrument shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to repeal, rescind, revoke, amend or vary any such instrument. ".

Section 7 amended

6. Section 7 of the principal Act is amended in subsection (2) by inserting after "permit," the following-

lease, ".

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Section 7A inserted

7. Part II of the principal Act is amended by inserting after

section 7 the following section

Petroleum pool extending into 2 licence areas

7A. (1) The provisions of this section have effect for the

purposes of this Act (including any Act with which this Act is incorporated) and of licences (whether granted before or after the commencement of this section).

(2) Where a well-head is situated in a licence area or in an area in respect of which an access authority is in force (in this subsection called an "access authority area") and the well from that well-head is inclined so as to enter a petroleum pool, being a pool that does not extend to that licence area or access authority area, at a place within an adjoining licence area of the same licensee or registered holder of the access authority, any petroleum recovered through that well shall be deemed to have been recovered in that adjoining licence area under the licence in respect of that area.

(3) Where a petroleum pool is partly in one licence area and partly in an adjoining licence area of the same licensee and petroleum is recovered from that pool through a well or wells in one or both of the licence areas, there shall be deemed to have been recovered in each of the licence areas, under the licence in respect of that area, such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and the respective proportions shall be determined in accordance with subsection (4).

(4) The proportions to be determined for the purposes of subsection (3) may be determined by agreement between the licensee and the Minister or, in the absence of agreement, may be determined by the Supreme Court on the application of the licensee or the Minister.

(5) Where a petroleum pool is partly in a licence area and

partly in another area in which the licensee has authority

under another written law or a law of another State to

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explore for, or recover, petroleum, and petroleum is recovered from that pool through a well or wells in the licence area, the other area or both, there shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as may reasonably be treated as being derived from the licence area, having regard to the nature and probable extent of the pool, and that proportion shall be determined in accordance with subsection (6).

(6) The proportion to be determined for the purposes of subsection (5) may be determined

(a)	in the case of a licensee having authority under another written law, by agreement between-

(i) that licensee;

(ii) the Minister; and

(iii) if the other written law is administered by a Minister of the Crown other than the Minister, that Minister of the Crown,

or, in the absence of agreement, may be determined by the Supreme Court on the application of that licensee, the Minister, or the Minister of the Crown (if any) referred to in subparagraph (iii); or

(b)	in the case of a licensee having authority under a law of another State, by agreement between-

(i) that licensee;

(ii) the Minister; and

(iii) the State Minister administering the law of the other State,

or, in the absence of agreement, may be determined by the Supreme Court on the application of that licensee, the Minister or the State Minister referred to in subparagraph (iii).

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(7) Where

(a)	a petroleum pool is partly in a licence area and partly in another area, whether in the State or not, in respect of which another person has authority, whether under this Act or another written law or under the law of another State, to explore for or recover petroleum;
(b)	a unit development agreement in accordance with section 69 is in force between the licensee and that other person; and
(c)	petroleum is recovered from that pool through a well or wells in the licence area, the other area or both,

there shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as is specified in, or determined in accordance with, the agreement referred to in paragraph (b).

(8) In this section

(a)	a reference to a licence, a licensee or a licence area shall be read as including a reference to a permit and a lease, a permittee and a lessee or a permit area and a lease area;
(b)	a reference to a State shall be read as including a reference to the Northern Territory; and
(c)	a reference to the Supreme Court of a State shall be read as a reference to the Supreme Court of the State, or of one of the States, in which the petroleum pool is wholly or partly situated. ".

Section 13 amended

S. Section 13 of the principal Act is amended

(a)

in subsection (2) by deleting "Two thousand dollars" and substituting the following-

"	$10 000 ";

and

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(b)

in subsection (4) by deleting "Arbitration Act 1895" and substituting the following-

"	Commercial Arbitration Act 1985 ".

Section 14 amended

9. Section 14 of the principal Act is amended

(a)	in subsection (1) by inserting after "permit" the following—

, lease ";

and

(b)	in subsections (2) and (3) by inserting after "permittee" wherever it occurs the following

, lessee ".

Section 15 amended

10. Section 15 of the principal Act is amended in subsection (1) by

inserting after

(a) "section 38" the following-

, 48C ";

(b)	"permittee" the following

, lessee ";

and

(c)	"permit area" the following-

, lease area ".

Section 16 amended

11. Section 16 of the principal act is amended in subsection (1) by

inserting after

(a)

"permittee" the following-

"	, lessee ";

and

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(b)	"permit" the following—

, lease ".

Section 17 amended

12. Section 17 of the principal Act is amended in subsection (1) by

inserting after

(a)	"permittee" the following—

, lessee "; and

and

(b)	"permit" the following—

, lease ".

Section 18 amended

13. Section 18 of the principal Act is amended by inserting after

(a)	"permit" the following

, lease ";

and

(b)	"permittee" in both places where it occurs the following—

, lessee ".

Section 19 amended

14. Section 19 of the principal Act is amended by inserting after

(a)

"permit" in both places where it occurs the following-

CC	, lease 91;

and

(b)	"permittee" the following-

, lessee ".

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Section 20 amended

15. inserting after "permittee" the following-

Section 20 of the principal Act is amended in subsection (1) by

"	, lessee ".

Section 21 amended

16. Section 21 of the principal Act is amended

(a)	by repealing subsection (1) and substituting the following subsection

(1) If a permittee, lessee or licensee has by himself, his agent or his employee in the exercise or purported exercise of any of the powers conferred by or under this Act or by reason of any operation conducted or other action taken by him or any of them caused damage to any improvements on land leased by way of

(a)	a pastoral lease within the meaning of the

Land Act 1933, or a lease otherwise granted for

grazing purposes only;

(b)	a lease for timber purposes; or
(c)	a lease for the use and benefit of the Aboriginal inhabitants,

he is liable, subject to section 24, to pay compensation to the person to whom that land is so leased (in this section and in section 22 called "the compensable lessee" or "a compensable lessee", as the case requires) for that damage and for any damage which the compensable lessee may, in the opinion of the Local Court, suffer as a consequence of the damage to those improvements. ";

and

(b)

in subsections (2) and (3) by inserting before "lessee" " compensable ".

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Section 22 amended

17. Section 22 of the principal Act is amended by inserting before

"lessee" the following-

" compensable ".

Section 24 amended

18. Section 24 of the principal Act is amended in subsection (1)

(a)	deleting "for pastoral purposes under the provisions of the Land Act 1933" and substituting the following

C' by way of a pastoral lease within the meaning of the

Land Act 1933, a lease otherwise granted for grazing purposes only, a lease for timber purposes or a lease for the use and benefit of the Aboriginal inhabitants (in this subsection called the "affected lessee") ";

(b)

in paragraph (c) by inserting before "lessee" in both places " affected ";

(c)	inserting "and" after the semi-colon at the end of paragraph (c);
(d)

deleting the semi-colon at the end of paragraph (d) and and

(e)	deleting paragraphs (e) and (f).

Section 28 amended

19. Section 28 of the principal Act is amended by inserting

after

(a)	"which a permit" in subsection (1) the following

, lease ";

and

(b)

"permit," in both places where it occurs the following-

lease, ".

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Section 29 repealed and section 29 substituted

20. Section 29 of the principal Act is repealed and the following

section is substituted

Exploration for petroleum

29. A person shall not explore for petroleum in the State

except

(a)	under and in accordance with a permit; or
(b)	as otherwise permitted by this Act.

Penalty: $50 000 or imprisonment for 5 years, or both.

Section 30 amended

21. Section 30 of the principal Act is amended by repealing

subsections (3), (4) and (5).

Section 31 amended

22. Section 31 of the principal Act is amended_

(a)	in subsection (1) (f) by deleting "a fee of $3 000" and substituting the following-

" the prescribed fee ";

and

(b) by repealing subsection (5).

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Section 33 amended

23. Section 33 of the principal Act is amended

(a)	in subsection (1) by deleting paragraph (a) and substituting the following

CC (a) a lease is surrendered, cancelled or determined as

to a block or blocks;

(aa) licence is surrendered or cancelled as to a block or

blocks; or ";

and

(b)	by repealing subsections (2) and (3).

Section 34 amended

24. Section 34 of the principal Act is amended

(a)

in subsection (1) (a) by deleting "a fee of $3 000" and substituting the following-

" the prescribed fee ";

and

(b)

by deleting subsection (2) and substituting the following subsection

(2) Where a permit is not granted on the application, the amount of the deposit shall, subject to subsection (3), be refunded to the applicant. ".

Section 35 amended

25. Section 35 of the principal Act is amended by repealing

subsection (3).

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Section 39 amended and transitional

26. (1) Section 39 of the principal Act is amended

(a)	in paragraph (a) by deleting "the day from which the permit has effect" and substituting the following-

" the day on which the permit is granted or, if a later day is specified in the permit as being the day on which the permit is to come into force, on that later day ";

and

(b)	in paragraph (b) by deleting "the day after the day on which the last previous permit in respect of blocks specified in the permit so granted ceases to have effect" and substituting the following-

" the day on which the permit is granted or, if a later day is specified in the permit as being the day on which the permit is to come into force, on that later day ".

(2) A permit granted before the commencement of this section is not invalidated by reason of any error that may have occurred in specifying the date of commencement of the permit and the term of such a permit shall be deemed to have commenced on the day of commencement specified in it.

Section 40 amended

27. Section 40 of the principal Act is amended in subsection (2) (c)

by deleting "a fee of $300" and substituting the following-

" the prescribed fee ".

Section 41 amended

28. Section 41 of the principal Act is amended

(a) in subsection (1) by deleting "The number" and substituting

the following

CC Subject to subsection (2a), the number ";

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(b)	by inserting after subsection (2) the following subsection

(2a) An application for the renewal of a permit may include, in addition to the blocks referred to in subsection (1), a block that is, or is included in, a location and in respect to which the permit is in force, or 2 or more such blocks. ";

and

(c)

in subsection (5) by deleting "subsection (1) of this section" and substituting the following-

"	subsections (1), (2) and (2a) ".

Section 43 amended

29. subsection (2) and substituting the following subsection

Section 43 of the principal Act is amended by repealing

CC (2) The conditions referred to in subsection (1) may

include conditions with respect to work to be carried out by the permittee in or in relation to the permit area during the term of the permit, or amounts to be expended by the permittee in the carrying out of such work, or conditions with respect to both of those matters, including conditions requiring the permittee to comply with directions given in accordance with the permit concerning those matters. ".

Section 44 amended

Section 44 of the principal Act is amended in subsection (3) by deleting "Two thousand dollars" and substituting the following-

30.

" $10 000 ".

Section 45 amended

Section 45 of the principal Act is amended in subsection (2) by deleting "Two thousand dollars" and substituting the following-

31.

" $10 000 ".

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Sections 46 and 47 repealed and sections 46 and 47 substituted and transitional

32. (1) Sections 46 and 47 of the principal Act are repealed and the following sections are substituted

Nomination of blocks as location

46. (1) Where a petroleum pool is identified in a permit area, the permittee may nominate the block in which the pool is situated, or the blocks (being blocks within the permit area) to which the pool extends, for declaration as a location.

(2) Where 2 or more petroleum pools are identified in a permit area, the permittee may, instead of making a nomination under subsection (1) in relation to each pool, nominate all of the blocks to which the pools extend, or to which any 2 or more of the pools extend, for declaration as a single location.

(3) A nomination may not be made under subsection (2) unless, in the case of each of the pools to which the nomination relates, at least one of the blocks to which the pool extends immediately adjoins a block to which the other, or another, of those pools extends.

(4) A nomination by a permittee shall be in writing and served on the Minister.

(5) A nomination may not be made by a permittee unless the permittee or another person has, whether within or outside the permit area, recovered petroleum from the petroleum pool to which the nomination relates or, if the nomination relates to more than one pool, from each of those pools.

(6) Where

(a)	the Minister is of the opinion that a permittee is entitled to nominate a block or blocks under subsection (1) or (2);

and

(b)	the permittee has not done so,

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the Minister may require the permittee to exercise the permittee's right to nominate the block or blocks within 3 months after the date of the making of the requirement.

(7) A requirement by the Minister under subsection (6) shall be by written notice served on the permittee.

(8) On written request by a permittee within the period fixed by subsection (6), the Minister may extend the time for compliance with a requirement under that subsection by not more than 3 months.

(9) If a permittee fails to comply with a requirement under subsection (6), the Minister may, by written notice served on the permittee, nominate the block or blocks for declaration as a location.

Declaration of location

47. (1) Where

(a)	a permittee has made a nomination under section 46; and
(b)	the Minister is of the opinion that the permittee is entitled under that section to nominate the block or blocks specified in the nomination,

the Minister shall, by notice published in the Gazette, declare the block or blocks to which the nomination relates to be a location.

(2) Where the Minister has made a nomination under section 46 (9), the Minister shall, by notice published in the Gazette, declare the block or blocks to which the nomination relates to be a location.

(3) The Minister may, at the request of the permittee, revoke a declaration.

(4) The Minister may vary a declaration by

(a) adding to the location a block in the permit area to which, in the opinion of the Minister, a petroleum pool within the location extends; or

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(b)	deleting from the location a block to which, in the opinion of the Minister, no petroleum pool within the location extends.

(5) The Minister may not vary a declaration unless

(a)	the Minister has caused to be served on the permittee notice in writing of the proposed variation, identifying the block to be added to, or deleted from, the location;
(b)	the period of 30 days after the date of service of the notice has expired; and
(c)	the Minister has considered any matters submitted to him by the permittee in relation to the proposed variation.

(6) Subsection (5) does not apply where a variation is

made at the request of the permittee. ".

(2) Where

(a)	at the commencement of this section, a nomination has been made under section 46 of the principal Act; and
(b)	at that commencement, a declaration had not been made under section 47 of the principal Act as a result of the making of the nomination,

sections 46, 47 and 48 of the principal Act, as in force immediately before the commencement of this section, continue to have effect in relation to that nomination and the block or blocks that would be affected by a declaration as if this Act had not been enacted.

(3) A declaration made under section 47 of the principal Act as continued in force by subsection (2) has effect, and the principal Act, as amended by this Act, applies to the declaration, as if the declaration had been made under that section as amended by this Act.

(4) A declaration in force under section 47 of the principal Act immediately before the commencement of this section has effect after that commencement as if it were a declaration under section 47 of the principal Act, as amended by this Act.

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(5) Where

(a)	the permittee under a permit granted before the commencement of this section applies under section 50 of the principal Act, as amended by this Act, for a licence;
(b)	the location that includes the block or blocks to which the application relates was declared under section 47 of the principal Act, as amended by this Act;
(c)	the location consists of not more than 8 blocks;
(d)	the Minister notifies the applicant in writing that, in his opinion, the number of blocks specified in the notification represents the maximum number of blocks that the applicant would have been entitled to have declared as a location instead of the block or blocks constituting the location referred to in paragraph (b) if this Act had not been enacted; and
(e)	the number of blocks specified in the notification exceeds the number of blocks in the location referred to in paragraph (b),

section 50 (1) of the principal Act, as amended by this Act, applies as if the firstmentioned location were constituted by the number of blocks specified in the notification referred to in paragraph (d).

(6) Where

(a)	a lessee under a lease of a block or blocks for which a permit was granted before the commencement of this section applies under section 50A of the principal Act, as amended by this Act, for a licence;
(b)	the location that includes the block or blocks to which the application relates was declared under section 47 of the principal Act, as amended by this Act;
(c)	the location consists of not more than 8 blocks;

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(d)	the Minister notifies the applicant in writing that, in his opinion, the number of blocks specified in the notification represents the maximum number of blocks that the applicant would have been entitled to have declared as a location instead of the block or blocks constituting the location referred to in paragraph (b) if this Act had not been enacted; and
(e)	the number of blocks specified in the notification exceeds the number of blocks in the location referred to in paragraph (b),

section 50A (2) of the principal Act, as amended by this Act, applies as if the lease were in respect of the number of blocks specified in the notification referred to in paragraph (d).

Section 48 amended

33. "sections 46 and 47 of this Act" and substituting the following-

Section 48 of the principal Act is amended by deleting

"	section 46 ".

Part III amended

34. Division 2 the following Division-

Part III of the principal Act is amended by inserting after

Division 2A.—Retention Leases for Petroleum

Application by permittee for lease

48A. (1) A permittee whose permit is in force in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Minister for the grant of a lease in respect of that block, or in respect of one or more of those blocks, as the case may be.

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(2) An application under subsection (1)-

(a)

shall be in accordance with an approved form;

(b)

shall be made in an approved manner;

(c)

shall be accompanied by particulars of

(i)	the proposals of the applicant for work and expenditure in respect of the area comprised in the blocks specified in the application; and
(ii)	the commercial viability of the recovery of petroleum from the area comprised in the blocks specified in the application at the time of the application, and particulars of the possible future commercial viability of the recovery of petroleum from that area;

(d)

may set out any other matters that the applicant wishes to be considered; and

(e)

shall be accompanied by the prescribed fee.

(3) The Minister may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the time specified in the instrument, further information in writing in connection with the application.

(4) The application period in respect of an application under this section by a permittee is

(a)	the period of 2 years after the date on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or
(b)	such other period, not less than 2 years or more than 4 years after that date, as the Minister, on application in writing by the permittee, served on the Minister before the end of the firstmentioned period of 2 years, allows.

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Grant or refusal of lease in relation to application

48B. (1) Where

(a) an application has been made under section 48A;

(b) the applicant has furnished any further information as and when required by the Minister under section 48A (3);

and

(c) the Minister is satisfied that recovery of petroleum from the area comprised in the blocks specified in the application-

(i) is not, at the time of the application, commercially viable; and

(ii) is likely to become commercially viable within the period of 15 years after that time,

the Minister shall, by instrument in writing served on the

applicant, inform the applicant

(d) that he is prepared to grant to the applicant a lease in respect of the block or blocks specified in the application;

and

(e)	that the applicant will be required to lodge a security for compliance with the conditions to which the lease, if granted, will from time to time be subject and with the provisions of this Part and the regulations.

(2) Where an application has been made under section 48A and

(a)	the applicant has not furnished any further information as and when required by the Minister under section 48A (3); or

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(b)	the Minister is not satisfied as to the matters referred to in subsection (1) (c) in relation to the blocks specified in the application,

the Minister shall, by instrument in writing served on the

applicant, refuse to grant a lease to the applicant.

(3) An instrument under subsection (1) shall contain

(a)	a summary of the conditions subject to which the lease is to be granted; and
(b)	a statement to the effect that the application will lapse if the applicant does not make a request under subsection (4) in respect of the grant of the lease and lodge with the Minister the security referred to in the instrument.

(4) An applicant on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument, or within such further period, not exceeding one month, as the Minister, on application in writing served on the Minister before the end of the firstmentioned period of one month, allows

(a)	by instrument in writing served on the Minister, request the Minister to grant to the applicant the lease; and
(b)	lodge with the Minister the security referred to in the firstmentioned instrument.

(5) Where an applicant on whom there has been served an instrument under subsection (1)—

(a)	has made a request under subsection (4); and
(b)	has lodged with the Minister the security referred to in the instrument,

within the period applicable under subsection (4), the Minister shall grant to the applicant a retention lease in respect of the block or blocks specified in the instrument.

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(6) Where an applicant on whom there has been served an instrument under subsection (1)-

(a)	has not made a request under subsection (4); or
(b)	has not lodged with the Minister the security referred to in the instrument,

within the period applicable under subsection (4), the

application lapses upon the expiration of that period.

(7) On the day on which a lease granted under this section in respect of a block or blocks comes into force, the permit in respect of the block or blocks ceases to be in force in respect of those blocks.

Rights conferred by lease

48C.

A lease, while it remains in force, authorizes the lessee, subject to this Act and the regulations and in accordance with the conditions to which the lease is subject, to explore for petroleum, and to carry on such operations and execute such works as are necessary for that purpose, in the lease area.

Term of lease

48D.

Subject to this Part, a lease (whether granted by way of renewal of a lease or otherwise) remains in force for a period of 5 years commencing on the day on which the lease was granted or, if a later day is specified in the lease as being the day on which the lease is to come into force, on that later day.

Notice of intention to cancel lease

48E.

(1) Where

(a)	a lessee has been given a notice of the kind referred to in section 48H (3) during the term of the lease and has carried out, and has informed the Minister of the results of, the re-evaluation required by the notice;

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(b)	the lessee has not made an application for the renewal of the lease; and
(c)	after consideration of the results of the re-evaluation referred to in paragraph (a) and such other matters as the Minister thinks fit, the Minister is of the opinion that recovery of petroleum from the lease area is commercially viable,

the Minister may serve on the lessee and on such other persons as the Minister thinks appropriate an instrument in writing

(d)	informing the lessee and the other persons that the Minister has formed that opinion and that the Minister intends to cancel the lease; and
(e)	stating that the lessee or the other person may serve an instrument in writing on the Minister within the period specified in the firstmentioned instrument, not being a period ending earlier than one month after the date of service of the firstmentioned instrument, setting out any matters that the lessee or other person, as the case may be, wishes to be considered.

(2) Where

(a)	an instrument under subsection (1) is served on a lessee;

and

(b)

the lessee does not, within the period referred to in subsection (1) (e), serve on the Minister an instrument setting out matters that the lessee wishes to be considered or the Minister, after consideration of matters set out in an instrument served on the Minister by the lessee within that period, determines that the lease should be cancelled,

the Minister shall, by instrument in writing served on the

lessee, cancel the lease.

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(3) The cancellation of a lease under subsection (2) has

effect

(a)	in a case to which paragraph (b) does not apply, at the end of the period of 12 months commencing on the date of service of the instrument of cancellation;

(b)	in a case where the lessee makes an application for a licence in respect of one or more of the blocks comprised in the lease within the period referred to in paragraph (a), when the Minister grants, or refuses to grant, the licence or when the application lapses, whichever first happens.

(4) Where a lease is cancelled under subsection (2), the lease shall be deemed to continue in force in all respects until the cancellation has effect in accordance with subsection (3).

Application for renewal of lease

48F. (1) A lessee may, from time to time, make an

application to the Minister for the renewal of the lease.

(2) An application for the renewal of a lease

(a)	shall be in accordance with an approved form;
(b)	subject to subsection (3), shall be made in an approved manner not less than 6 months or more than 12 months before the day on which the lease ceases to be in force;
(c)	shall be accompanied by particulars of-

(i) the proposals of the applicant for work and expenditure in respect of the lease area; and

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(ii) the commercial viability of recovery of petroleum from the lease area at the time of the application and particulars of the possible future commercial viability of recovery of petroleum from the lease area;

and

(d)	shall be accompanied by the prescribed fee.

(3) The Minister may, for reasons that the Minister thinks sufficient, receive an application for the renewal of the lease less than 6 months before, but not in any case after, the day on which the lease ceases to be in force.

(4) Where a lessee makes an application for the renewal of a lease, the Minister may, at any time, by instrument in writing served on the lessee, require the lessee to furnish, within the time specified in the instrument, further information in writing in connection with the application.

Grant or refusal of renewal of lease

48G. (1) Where

(a)

a lessee makes an application for the renewal of a lease;

(b)

the applicant has furnished any further information as and when required by the Minister under section 48F (4); and

(c)

the Minister is satisfied that recovery of petroleum from the lease area-

(i)	is not, at the time of the application, commercially viable; and
(ii)	is likely to become commercially viable within the period of 15 years after that time,

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the Minister

(d)	shall, if the lessee has complied with the conditions to which the lease is subject and with the provisions of this Part and of the regulations; or
(e)	may, if the lessee has not so complied but the Minister is satisfied that special circumstances exist that justify the granting of the renewal of the lease,

inform the lessee, by instrument in writing served on the lessee, that he is prepared to grant to the lessee the renewal of the lease and that the lessee will be required to lodge a security for compliance with the conditions to which the lease, if the renewal is granted, will from time to time be subject and with the provisions of this Part and of the regulations.

(2) Subject to subsection (3), where

(a)	a lessee makes an application for the renewal of a lease;

and

(b)

either-

(i)	the applicant has not furnished any further information as and when required by the Minister under section 48F (4);
(ii)	the Minister is not satisfied as to the matters referred to in subsection (1) (c); or
(iii)	the lessee has not complied with the conditions to which the lease is subject and with the provisions of this Part and of the regulations and the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the lease,

the Minister shall, by instrument in writing served on the

lessee, refuse to grant the renewal of the lease.

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(3) The Minister shall not refuse to grant the renewal of the lease unless

(a)	he has, by instrument in writing served on the lessee, given not less than one month's notice of his intention to refuse to grant the renewal of the lease;
(b)	he has served a copy of the instrument on such other persons, if any, as he thinks fit;

(i) given particulars of the reasons for the intention;

and

(ii) specified a date on or before which the lessee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that the lessee wishes to be considered;

and

(d) he has taken into account any matters so submitted on or before the specified date by the lessee or by a person on whom a copy of the firstmentioned instrument has been served.

(4) An instrument referred to in subsection (1) shall

contain

(a)	a summary of the conditions to which the lease, on the grant of the renewal, is to be subject; and
(b)	a statement to the effect that the application will lapse if the lessee does not make a request under subsection (6) and lodge with the Minister the security referred to in the instrument.

(5) An instrument under subsection (2) shall, where the

Minister refuses to grant the renewal of a lease by reason

only that the Minister is not satisfied as to the matter

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referred to in subsection (1) (c) (i), contain a statement to the effect that the lessee may, within the period of 12 months after the date of service of the instrument, make an application for a licence in respect of one or more of the blocks comprised in the lease.

(6) A lessee on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on the lessee

(a)	by instrument in writing served on the Minister, request the Minister to grant the lessee the renewal of the lease;

and

(b)	lodge with the Minister the security referred to in the firstmentioned instrument.

(7) Where a lessee on whom there has been served an instrument under subsection (1)—

(a)	has made a request under subsection (6); and
(b)	has lodged with the Minister the security referred to in the instrument,

within the period referred to in subsection (6), the Minister

shall grant to the lessee the renewal of the lease.

(8) Where a lessee on whom there has been served an instrument under subsection (1)—

(a)	has not made a request under subsection (6); or
(b)	has not lodged with the Minister the security referred to in the instrument,

within the period referred to in subsection (6), the

application lapses upon the expiration of that period.

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(9) Where

(a) an application for the renewal of a lease has been

made;

and

(b)

the lease expires-

(i)	before the Minister grants, or refuses to grant, the renewal of the lease; or
(ii)	before the application lapses as provided by subsection (8),

the lease shall be deemed to continue in force in all

respects

(d) until the application so lapses,

whichever first happens.

(10) Where the Minister refuses to grant the renewal of a lease by reason only that the Minister is not satisfied as to the matter referred to in subsection (1) (c) (i), the lease shall be deemed to continue in force in all respects

(a)	in a case to which paragraph (b) does not apply, until 12 months after the date of service of the instrument under subsection (2); or
(b)	in a case where the lessee makes an application for a licence in respect of one or more of the blocks comprised in the lease within the period of 12 months after the date referred to in paragraph (a), until the Minister grants, or refuses to grant, the licence or until the application lapses, whichever first happens.

Conditions of lease

48H. (1) A lease may be granted subject to such conditions as the Minister thinks fit and are specified in the lease.

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(2) The conditions referred to in subsection (1) may include conditions with respect to work to be carried out by the lessee in or in relation to the lease area during the term of the lease, or amounts to be expended by the lessee in the carrying out of such work, or conditions with respect to both of those matters, including conditions requiring the lessee to comply with directions given in accordance with the lease concerning those matters.

(3) A lease shall be deemed to contain a condition that the lessee will, within the period of 3 months after the receipt of a written notice from the Minister requesting the lessee to do so or within such further period as the Minister, on application in writing served on the Minister before the end of the first mentioned period, allows, re-evaluate the commercial viability of petroleum production in the lease area (otherwise than by drilling of wells) and inform the Minister in writing of the results of the re-evaluation.

(4) Where a lessee has complied with 2 notices of the kind referred to in subsection (3) during the term of the lease, the Minister shall not give to the lessee during that term a further notice of that kind.

Discovery of petroleum to be notified

48J. (1) Where petroleum is discovered in a lease area,

the lessee

(a)	shall forthwith inform the Minister of the discovery; and
(b)	shall, within a period of 3 days after the date of the discovery, furnish to the Minister particulars in writing of the discovery.

(2) Where petroleum is discovered in a lease area, the Minister may, from time to time, by instrument in writing served on the lessee, direct the lessee to furnish to the Minister, within the period specified in the instrument, particulars in writing of any one or more of the following

(a) the chemical composition and physical properties of the petroleum;

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(b)	the nature of the subsoil in which the petroleum occurs;
(c)	any other matters relating to the discovery that are specified by the Minister in the instrument.

(3) A person to whom a direction is given under subsection (2) shall comply with the direction.

Penalty: $10 000.

Directions by Minister on discovery of petroleum

48K. (1) Where petroleum is discovered in a lease area,

the Minister may, by instrument in writing served on the lessee, direct the lessee to do, within the period specified in the instrument, such things as the Minister thinks necessary and specifies in the instrument to determine the chemical composition and physical properties of that petroleum and to determine the quantity of petroleum in the petroleum pool to which the discovery relates or, if part only of that petroleum pool is within the lease area, in such part of that petroleum pool as is within the lease area.

(2) A person to whom a direction is given under subsection

(1) shall comply with the direction.

Penalty: $10 000. ".

Section 49 repealed and section 49 substituted

35. Section 49 of the principal Act is repealed and the following

section is substituted

Recovery of petroleum in State

49. A person shall not carry on operations for the

recovery of petroleum in the State except

(a)	under and in accordance with a licence; or
(b)	as otherwise permitted by this Act.

Penalty: $50 000 or imprisonment for 5 years, or both.

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Section 50 amended

36. Section 50 of the principal Act is amended

(a)	in subsection (1) (a) by deleting "nine" and substituting the following-

" 9 or more ";

(b)	in subsection (4) by deleting "The application" and substituting the following-

" Subject to subsection (5), the application ";

and

(c)	by inserting after subsection (4) the following subsection-

" (5) Where

(a)	a permittee applies for the grant by the Minister of a licence in respect of a block or blocks in respect of which the permittee has applied for a lease under section 48A; and
(b)	an instrument refusing to grant the lease is served on the permittee under section 48B(2),

the application period is whichever of the following

periods last expires

(c)	the period that is applicable under subsection (4);

(d) the period of 12 months after the day of service of the instrument. ".

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Section 50A inserted 37. Division 3 of Part III of the principal Act is amended by

inserting after section 50 the following section

Application for licence by holder of lease

50A. (1) A lessee whose lease is in force may make an application to the Minister for the grant of a licence

(a)	where the lease is in respect of 9 or more blocks, in respect of 5 of those blocks;
(b)	where the lease is in respect of 8 or 7 blocks, in respect of 4 of those blocks;
(c)	where the lease is in respect of 6 or 5 blocks, in respect of 3 of those blocks;
(d)	where the lease is in respect of 4 or 3 blocks, in respect of 2 of those blocks;
(e)	where the lease is in respect of 2 blocks, in respect of one of those blocks; or
(f)	where the lease is in respect of one block, in respect of that block.

(2) At any time while a lease is in force, the lessee may, instead of making an application under subsection (1) in respect of the lessee's primary entitlement, make an application to the Minister for the grant of a licence in respect of a number of blocks that is less than the lessee's primary entitlement.

(3) Where a lessee makes an application under subsection (1) in respect of the lessee's primary entitlement, the lessee may, at any time while the lease concerned is in force, make an application to the Minister for the grant of a licence in respect of any of the other blocks forming part of the lease. ".

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Section 51 amended

38. Section 51 of the principal Act is amended in subsection (1) by

deleting

(a)	"of this Act" and substituting the following- " or 50A ";
(b)	"each block" in paragraph (c) and substituting the following-
" the area comprised in the blocks "; and and
(c)	"a fee of $600" in paragraph (e) and substituting the following-

" the prescribed fee ".

Section 53 amended

39. Section 53 of the principal Act is amended in subsection (1)

(a)	deleting "of this Act and" and substituting the following- " or 50A and ";

and

(b)	inserting after "information" the following- " as and when ".

Section 54 amended

40. Section 54 of the principal Act is amended

(a) in subsection (3) by inserting after-

(i)	"permittee" the following- " or lessee "; and

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(ii) "permittee's" in paragraph (b) the following-

" or lessee's ";

and

(b) in subsection (5) by-

(i) deleting "From and including the day on which a licence granted under this section has effect" and substituting the following

IC On the day on which a licence granted under

this section comes into force "; and

(ii) inserting after "permit" the following-

" or lease ".

Section 55 amended

41. Section 55 of the principal Act is amended in subsection (2) by

deleting "From and including the day from and including which" and

substituting the following-

" On and from the day on and from which

Section 56 amended and transitional

42. (1) Section 56 of the principal Act is amended

(a) by inserting after subsection (1) the following subsection

C' (la) Subject to subsection (2), where all applications

made by a lessee under section 50A in respect of a block have lapsed, the lease is determined as to that block and the determination has effect upon the lapsing of the last of those applications. ";

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(b) in subsection (2) by inserting after-

(i) "permittee" the following

" or lessee ";

and

(ii) "permit" in paragraph (a) the following-

" or lease ";

and

subsections

(3) Subject to subsection (4), where a block or blocks constituting or forming part of a location is or are no longer the subject of a permit or lease, the Minister

shall, by instrument published in the Gazette

(a)	in a case where that block or those blocks constitutes or constitute that location, revoke the declaration made under section 47 in respect of that location; or
(b)	in a case where that block or those blocks forms or form part of that location, revoke the declaration made under section 47 in respect of that location to the extent that it relates to that block or those blocks.

(4) Subsection (3) does not apply in relation to a

block

(a) in respect of which an application for the grant of a lease or licence has been made, being an application that has not lapsed and in relation to which a decision has not been made by the Minister; or

(b)	in respect of which a lease or licence is in force.

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(5) Where a lease is granted in respect of a block or blocks forming part of a location, the Minister shall, by instrument published in the Gazette, revoke the declaration made under section 47 to the extent that it relates to the block or blocks that is or are not within the lease area.

(6) Where

(a)	the Minister refuses to grant a lease in respect of a block or blocks constituting or forming part of a location; and
(b)	the reason, or one of the reasons, for the refusal is that the Minister is not satisfied as to the matter referred to in section 48B (1) (c) (ii),

the Minister shall, by instrument published in the Gazette, revoke the declaration made under section 47 in respect of that location. ".

(2) The revocation, under section 56 (3) of the principal Act, of a declaration in respect of a location shall be deemed not to have affected the validity of a licence granted under the principal Act in respect of any block forming part of that location.

Section 57 amended

43. Section 57 of the principal Act is amended

(a)	in subsection (1) (b) by inserting after "permit" the following-

" or lease I);

(b)	by repealing subsections (4) and (5); and

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(i) inserting at the end of paragraph (d) the following—

and ";

and

(ii) deleting paragraph (e).

Section 58 amended

44. Section 58 of the principal Act is amended

(a) in subsection (1) by deleting

(i) "a fee of $3 000" in paragraph (a) and substituting

the following-

" the prescribed fee ";

(ii) "the application is made under subsection (1) or (4) of section 57 of this Act and" in paragraph (b) (i);

and

(iii) "the application is made under subsection (1) of section 57 of this Act and" in paragraph (b) (ii);

(b)	by repealing subsection (2) and substituting the following subsection

t< (2) Where a licence is not granted on the application,

the amount of the deposit shall, subject to subsection

(3), be refunded to the applicant. ";

and

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Section 59 amended

45. Section 59 of the principal Act is amended

(a)	in subsection (2) by inserting after "licence in respect of that block" the following

If and that he will be required to pay the amount specified

in the application, royalty at the rate specified in the application, or royalty at the rate specified in the application and the amount specified in the instrument under section 57 (1), as the case requires ";

(b)

by repealing subsection (3);

and

(c)

in subsection (7) by deleting "(1), (2) or (3) of this section" and substituting the following-

" (1) or (2) ".

Section 61 amended

46. Section 61 of the principal Act is amended

(a)	in subsection (2) (e) by deleting "a fee of $300" and substituting the following-

" the prescribed fee ";

and

(b)	in subsection (6) (b) by deleting "from and including the day on which those licences have effect" and substituting the following-

" on and from the day on which those licences come into

force ".

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Section 62 amended

47. paragraph (a) and substituting the following paragraph-

Section 62 of the principal Act is amended by deleting " (a) to recover petroleum in the licence area and to recover petroleum from the licence area in another area to which he has lawful access for that purpose; ".

Section 63 repealed and

section 63 substituted and transitional

48. following section is substituted

(1) Section 63 of the principal Act is repealed and the

Term of licence

CC 63. Subject to this Part, a licence remains in force

(a)	in the case of a licence granted otherwise than by way of renewal of a licence, for a period of 21 years commencing on the day on which the licence is granted or, if a later day is specified in the licence as being the day on which the licence is to come into force, on that later day;
(b)	in the case of a licence granted by way of the first renewal of a licence, for the period of 21 years commencing on the day on which the licence is granted or, if a later day is specified in the licence as being the day on which the licence is to come into force, on that later day; and
(c)	in the case of a licence granted by way of the renewal, other than the first renewal, of a licence, for such period, not exceeding 21 years, as the Minister determines and is specified in the licence, commencing on the day on which the licence is granted or, if a later day is specified in the licence as being the day on which the licence is to come into force, on that later day. ".

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(2) A licence granted before the commencement of this section is not invalidated by reason of any error that may have occurred in specifying the date of commencement of the licence and the term of such a licence shall be deemed to have commenced on the date of commencement specified in it.

Section 64 amended

49. Section 64 of the principal Act is amended

(a) in subsection (2) by deleting-

(i) "have effect" in paragraph (b) and substituting the following-

" be in force ";

and

(ii) "a fee of $600" in paragraph (d) and substituting the following

" the prescribed fee ";

and

(b)	in subsection (3) by deleting "have effect" and substituting the following-

" be in force ".

Section 67 repealed

50. Section 67 of the principal Act is repealed.

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Section 68 amended

51. Section 68 of the principal Act is amended

(a)	in subsection (3) by deleting "the petroleum is being recovered" and substituting the following

'C petroleum is being recovered in the licence area or from

a petroleum pool in the licence area ";

(b)	in subsection (4) by inserting after "licence area" the following

C' or from a petroleum pool in the licence area ";

and

(c)	by inserting after subsection (4) the following subsection

'C (5) Without limiting the matters that may be taken

into account by the Minister in determining whether to give a direction under subsection (3) or (4), the Minister may take into account matters relating to the effects on State revenue of the proposed direction, but the Minister shall not give a direction under subsection (3) or (4) if the direction would require action to be taken that is contrary to good oil-field practice. ".

Section 69 amended

52. Section 69 of the principal Act is amended

(a) by repealing subsection (1) and substituting the following

subsection

(1) In this section, the expression "unit

development"

(a) applies in relation to a petroleum pool that is partly in a particular licence area of a licensee and partly in another area, whether in the State or not, in respect of which another person has authority, whether under this Act or another written law or under the law of another State or of the Northern Territory, to carry on operations for the recovery of petroleum from the pool; and

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(b)	means the carrying on of operations for the recovery of petroleum from that pool under co-operative arrangements between the persons entitled to carry on such operations in each of those areas. ";

(b)	in subsection (2) by inserting after "petroleum pool" the following

It but nothing in this subsection derogates from the

operation of section 75 (2) ";

(i) inserting after "part of the petroleum pool" the following

IC , by instrument in writing served on the

licensee, ";

and

(ii) deleting "the agreement with him forthwith in accordance with section 75 of this Act" and substituting the following

CI an application in accordance with section 75 for

approval of any dealing to which the agreement

relates ";

(d)	in subsection (4) by deleting paragraph (b) and substituting the following paragraph

C' (b) a licensee enters into such an agreement but an

application for approval of a dealing to which the agreement relates is not lodged with the Minister or, if an application is so lodged, the dealing is not approved under section 75, ";

and

(e) by repealing subsection (10) and substituting the following

subsections

(10) In this section, "dealing" means a dealing to which section 75 applies.

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(11) If a petroleum pool extends, or is reasonably believed by the Minister to extend, from an area of the State into

(a)	lands to which other written laws or the laws of another State or of a Territory relating to the exploitation of petroleum resources apply; or
(b)	the adjacent area of an adjoining State or Territory,

each Minister concerned shall consult concerning the exploitation of the petroleum pool with any other Minister concerned and with the appropriate authority of another State or a Territory referred to in paragraph (a).

(12) Where subsection (1) applies in relation to a petroleum pool, a Minister shall not approve an agreement under this section, or give a direction under this section, in relation to that petroleum pool except with the approval of any other Minister concerned and any State or Territory authority concerned. ".

Section 69A inserted

53. inserting before section 70 the following section

Division 4 of Part III of the principal Act is amended by

Interpretation in Division 4

69A. In this Division, "title" means a permit, lease,

licence or access authority. ".

Section 70 amended

54. (a) in subsection (1) by deleting "permits, licences and access

Section 70 of the principal Act is amended

authorities" and substituting the following-

" titles and special prospecting authorities ";

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(b) in subsection (2) by-

(i) deleting "permit, licence or access authority" wherever it occurs and substituting in each case the following-

" title or special prospecting authority ";

(ii) deleting "permit or" in paragraph (b) and substituting the following-

" permit, lease or ";

(iii) inserting after "permit area" in paragraph (b) the following-

" , lease area ";

(iv) inserting before "an access authority" in paragraph (c) the following-

" a special prospecting authority or ";

and

(v) inserting before "access authority" where it occurs for the second time in paragraph (c) the following-

" special prospecting authority or ";

authority" and substituting the following- " title or special prospecting authority ";

(d)	in subsection (4) by deleting "permit, licence, access authority" and substituting the following-

" title, special prospecting authority ";

(e) by repealing subsection (5);

and

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(0 in subsection (6) by deleting "permit, licence, access authority" and substituting the following-

" title, special prospecting authority ".

Section 71 amended

55. Section 71 of the principal Act is amended

(a)	in paragraph (a) by inserting after "permit" the following- " or lease ";
(b)	by inserting after paragraph (a) the following paragraph-

" (aa) permit ceases to be in force in respect of a block in respect of which a lease is granted; ";

(c)	in paragraph (b) by inserting after "permit" the following- " or lease ";

and

(d)	in paragraph (c) by deleting "permit, licence or access authority" and substituting the following-

" title or special prospecting authority ".

Section 72 repealed and

section 72 substituted and transitional

56. (1) Section 72 of the principal Act is repealed and the

following section is substituted

Approval and registration of transfers

72. (1) A transfer of a title is of no force until it has been

approved by the Minister and an instrument of transfer is

registered as provided by this section.

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(2) Where it is desired that a title be transferred, one of the parties to the proposed transfer may make an application in writing to the Minister for approval of the transfer.

(3) An application for approval of a transfer of a title shall be accompanied by

(a) an instrument of transfer in the prescribed form executed by the registered holder or, if there are 2 or more registered holders, by each registered holder and by the transferee or, if there are 2 or more transferees, by each transferee;

(b) in a case where the transferee or one or more of the transferees is not a registered holder, or are not registered holders, of the title, an instrument setting out

(i)	the technical qualifications of that transferee or those transferees;

(ii) details of the technical advice that is or will be available to that transferee or those transferees;

and

(iii) details of the financial resources that are or will be available to that transferee or those transferees;

and

(4) The Minister shall not approve the transfer of a title unless the application was lodged with the Minister within 3 months after the day on which the party who last executed the instrument of transfer so executed the instrument of transfer or within such longer period as the Minister, in special circumstances, allows.

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(5) Where an application for approval of a transfer is made in accordance with this section, the Minister shall enter a memorandum in the Register of the date on which the application was lodged and may make such other notation in the Register as the Minister considers appropriate.

(6) The Minister shall

(a)	consider each application for approval of the transfer of a title and determine whether to approve the transfer; and
(b)	in the case of a transfer of a permit, lease or licence, determine whether approval of the transfer should be made subject to a security being lodged by the transferee or transferees for compliance with the provisions of this Act, of the regulations and of any conditions to which the permit, lease or licence may, from time to time, be subject.

(7) Where an application for approval of the transfer of a title is made in accordance with this section, the Minister shall, by notice in writing served on the person who made the application, inform the person of the decision of the Minister and shall set out in the notice details of any security required to be lodged by the transferee or transferees.

(8) Where

(a)	the Minister has served a notice on a person under subsection (7) stating that the Minister will approve a transfer of a permit, lease or licence subject to a security being lodged; and
(b)	that security is lodged with the Minister,

the Minister shall be deemed to have approved the transfer.

(9) Where the Minister approves the transfer of a title, the Minister shall forthwith endorse on the instrument of transfer and on one copy of the instrument a memorandum of approval and shall, on payment of the fee provided by the Petroleum (Registration Fees) Act 1967, enter in the Register a memorandum of the transfer and the name of the transferee or of each transferee.

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(10) Upon the entry in the Register of a memorandum of the transfer of a title and of the name of the transferee or each transferee in accordance with subsection (9)—

(a)	the transfer shall be deemed to be registered; and
(b)	the transferee becomes the registered holder, or the transferees become the registered holders, of the title.

(11) Where the Minister refuses to approve the transfer of a title, the Minister shall make a notation of the refusal in the Register.

(12) Where a transfer is registered

(a)	the copy of the instrument of transfer endorsed with the memorandum of approval shall be retained by the Minister and made available for inspection in accordance with this Division; and
(b)	the instrument of transfer endorsed with the memorandum of approval shall be returned to the person who lodged the application for approval of the transfer.

(13) The mere execution of an instrument of transfer of a title creates no interest in the title. ".

(2) Section 72 of the principal Act as amended by this Act applies in relation to applications for approval of transfers of permits, licences or access authorities lodged after the commencement of this section.

(3) Notwithstanding the repeal of section 72 of the principal Act effected by subsection (1), that section continues to apply in relation to applications for approval of transfers of permits, licences or access authorities lodged before the commencement of this section.

(4) A transfer approved and registered under section 72 of the principal Act shall be deemed to have been approved and registered under section 72 of the principal Act as amended by this Act.

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Section 73 amended

57. Section 73 of the principal Act is amended

(a) in subsection (1) by deleting-

(i) "permit, licence or access authority" where it first occurs and substituting the following-

"	particular title ";

and

(ii) "permit, licence or access authority" where it occurs for the second time and substituting the following-

title ";

(b) in subsection (2) by deleting-

(i) "a fee of $30" and substituting the following—

" the prescribed fee

and

(ii) "permit, licence or access authority" in both places where it occurs and substituting in each place the following-

title ";

and

(3) Where a company that is the registered holder of a particular title has changed its name, it may apply in writing to the Minister to have its new name substituted for its previous name in the Register in relation to that title and, if

(a)	the Minister is satisfied that the company has so changed its name; and
(b)	the company has paid the prescribed fee,

the Minister shall make the necessary alterations in the

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Sections 74 and 75 repealed

and sections 75 and 75A substituted

and transitional

58. (1) Sections 74 and 75 of the principal Act are repealed and

the following sections are substituted

Approval of dealings creating, etc.,

interests, etc., in existing titles

75. (1) This section applies to a dealing that would, but

for subsection (2), have one or more of the following effects

(a)	the creation or assignment of an interest in an existing title;
(b)	the creation or assignment of a right (conditional or otherwise) to the assignment of an interest in an existing title;
(c)	the determining of the manner in which persons may exercise the rights conferred by, or comply with the obligations imposed by or the conditions of, an existing title (including the exercise of those rights or the compliance with those obligations or conditions under co-operative arrangements for the recovery of petroleum);

(d) the creation or assignment of-

(i) an interest in relation to an existing permit, lease or licence, being an interest known as an overriding royalty interest, a production payment, a net profits interest or a carried interest; or

(ii) any other interest that is similar to an interest referred to in subparagraph (i), being an interest relating to petroleum produced from operations authorized by an existing permit, lease or licence or relating to revenue derived as a result of the carrying out of operations of that kind;

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(e)	the creation or assignment of an option (conditional or otherwise) to enter into a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c) and (d);
(f)	the creation or assignment of a right (conditional or otherwise) to enter into a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c) and (d);
(g)	the alteration or termination of a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c), (d), (e) and (f),

but this section does not apply to a transfer to which section

72 applies.

(2) A dealing to which this section applies is of no force in so far as the dealing would, but for this subsection, have an effect of a kind referred to in subsection (1) in relation to a particular title until

(a)	the dealing, in so far as it relates to that title, has been approved by the Minister; and
(b)	an entry has been made in the Register in relation to the dealing by the Minister in accordance with subsection (12).

(3) A party to a dealing to which this section applies may lodge with the Minister

(a)	in a case where the dealing relates to only one title, an application in writing for approval by the Minister of the dealing; or
(b)	in any other case, a separate application in writing for approval by the Minister of the dealing in relation to each title to which the dealing relates.

(4) An application under subsection (3) for approval of a dealing

(a) shall be accompanied by the instrument evidencing the dealing or, if that instrument has already been lodged with the Minister for the purposes of another application, a copy of that instrument; and

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(b) may be accompanied by an instrument setting out such particulars (if any) as are prescribed for the purposes of an application for approval of a dealing of that kind.

(4a) An application under subsection (3) for approval of a dealing shall be accompanied by 2 copies of

(a)	the application;
(b)	the instrument referred to in subsection (4) (a); and
(c)	any instrument lodged for the purposes of subsection (4) (b).

(5) Subject to subsection (6), the Minister shall not approve a dealing unless the application for approval of the dealing is lodged with the Minister within 3 months after the day on which the party who last executed the instrument evidencing the dealing so executed the instrument or such longer period as the Minister, in special circumstances, allows.

(6) Where a dealing relating to a title was, immediately before the title came into existence, a dealing referred to in section 75A (1), the Minister shall not approve the dealing unless

(a)	a provisional application for approval of the dealing was lodged in accordance with section 75A (1); or
(b)	an application for approval of the dealing is lodged with the Minister in accordance with this section within 3 months after the day on which the title

came into existence or such longer period as the

Minister, in special circumstances, allows.

(7) Where a dealing to which this section applies forms a part of the issue of a series of debentures, all of the dealings constituting the issue of that series of debentures shall, for the purposes of this section, be taken to be one dealing.

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(8)

Where a dealing to which this section applies (including a dealing referred to in subsection (7)) creates a charge over some or all of the assets of a body corporate, the person lodging the application for approval of the dealing shall be deemed to have complied with subsection (4) (a), and with subsection (4a) in so far as that subsection requires 2 copies of the document referred to in subsection (4) (a) to accompany the application, if the person lodges with the application 3 copies of each document required to be lodged with the National Companies and Securities Commission relating to the creation of that charge pursuant to section

201 of the Companies (Western Australia) Code or pursuant

to the corresponding provision of a law of the

Commonwealth or another State or a Territory.

(9) On receipt of an application made under this section, the Minister shall enter a memorandum in the Register of the date on which the application was lodged and may make such other notation in the Register as the Minister considers appropriate.

(10) The Minister may approve or refuse to approve a dealing to which this section applies in so far as the dealing relates to a particular title.

(11) The Minister shall, by notice in writing served on the person who made an application for approval of a dealing, inform the person of the decision of the Minister.

(12) If the Minister approves a dealing, the Minister shall endorse on the original instrument evidencing the dealing and on one copy of that instrument or, if the original instrument was not lodged with the application, on 2 of the copies of that instrument a memorandum of approval and,

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Section 111 amended

226. Section 111 of the principal Act is amended

(a) by repealing subsection (1) and substituting the following

subsection

(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. ";

(b) in subsection (2) by-

(i) deleting "and" at the end of paragraph (b);

(ii) deleting "operations." in paragraph (c) and substituting the following-

"	operations; and ";

and

(iii) inserting after paragraph (c) the following paragraph-

" (d) shall be accompanied by the prescribed

fee. ";

comes into force on ";

and

(d) by inserting after subsection (6) the following subsections

(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

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(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 authorized by the special prospecting authority granted to the other person; and
(d)	the conditions to which the special prospecting authority granted to the other person is subject. ".

Section 112 amended

227. Section 112 of the principal Act is amended

(a) by repealing subsection (1) and substituting the following

subsections

(1) A permittee, lessee, licensee or holder of a special prospecting authority 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 or area of the blocks specified in the special prospecting authority, petroleum exploration operations or operations related to the recovery of petroleum in or from the permit area, lease area or licence area or area of the blocks so specified.

(la) A holder of a petroleum title outside the adjacent area 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 petroleum title relates. ";

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(b)

in subsection (3) (a) by deleting "or licensee" and substituting the following-

"	, lessee, licensee or holder of a special prospecting

authority or a petroleum title ";

(c)	in subsection (4) by deleting "or licence" in both places where it occurs and in each place substituting the following-

, lease or licence ";

(d)	in subsection (6) by inserting after "well" the following

other than a deviation well into an adjacent permit area, lease area or licence area held by him under this

Act or the Petroleum Act 1967 ";

(e)	in subsection (7) by deleting "has effect from and including" and substituting the following-

" comes into force on ";

(0 in subsection (8) (b) by deleting "or licence area" and substituting the following-

"	, lease area or licence area ";

(g) in subsection (11) by-

(i) deleting "or licence" in both places where it occurs and in each place substituting the following

, lease or licence ";

and

(ii) inserting after "operations" the following

'C (not being operations related to the recovery of

petroleum by means of a deviation well referred

to in subsection (6)) ";

and

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Acts Amendment (Petroleum) Act

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(h) by inserting after subsection (12) the following subsection

(13) In this section, "petroleum title" means an

authority, however described, under the Petroleum Act

1967 or a law of the Commonwealth, of another State or

of the Northern Territory, to explore for, or to recover,

petroleum. ".

Section 113 amended

228. (b) by inserting after "permittee," the following-

Section 113 of the principal Act is amended in subsection (3)

"	lessee, ".

Section 114 amended

229. Section 114 of the principal Act is amended in subsection (1)

(a) by

(a)

inserting after "Division 2" in subparagraph (i) the following-

or 2A ";

(b)

deleting "of $15 000" in subparagraph (i) and substituting the following

prescribed for the purposes of this subparagraph ";

(c)	deleting "of $150 000" in subparagraph (ii) and substituting the following-

" prescribed for the purposes of this subparagraph ";

and

(d)	deleting "of $60 000" in subparagraph (iii) and substituting the following-

" prescribed for the purposes of this subparagraph ".

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Section 118 amended

230. Section 118 of the principal Act is amended

(a)	in subsection (1) by deleting paragraph (a) and substituting the following-

" (a) any information contained in a document to which this section applies that has been furnished to the Minister; and ";

(b)	by repealing subsection (2) and substituting the following subsections

(la) 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

(a) make publicly known; or

(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;

(ii) the technical advice available to the applicant; or

(iii) the financial resources available to the applicant.

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(2) The Minister may, at any time after the relevant

day

(a) make publicly known; or

(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. ";

(c)	in subsection (3) (b) by deleting "a fee of $15 per day" and substituting the following-

" the prescribed fee ";

(d)	by repealing subsection (4) and substituting the following subsection

(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;

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(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 38B (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;

(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 44 (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;

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(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 the document, core, cutting or sample was furnished to the Minister during a period during which a permit, lease or licence was not in force in respect of the block, the relevant day is such day as the Minister determines, being a day earlier than 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. ";

(e) in subsection (5) by-

(i) deleting "report, return, other" in paragraph (a);

(ii) inserting after "permit" in both places where it occurs in paragraph (a) the following-

, lease ";

(iii) inserting after "permittee," in paragraph (b) the following-

"	lessee, ";

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(iv) inserting after "permit," in both places where it occurs in paragraph (b) the following-

lease, ";

(v)

deleting "report, return or other" in paragraph (b) and

(vi) deleting "a fee of $15 per day" in paragraphs (c) and (d) and substituting in each paragraph the following-

"	the prescribed fee ";

(f) by inserting after subsection (5) the following subsections

CI (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

(a) make publicly known; or

(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 under subsection (1).

(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;

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(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.

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(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. ";

(g) in subsection (6) (a) by deleting "report, return or other document referred to in any of those provisions" and substituting the following

document to which this section applies ";

(h) by inserting after subsection (6) the following subsection—

(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. ";

and

(i) by inserting after subsection (8) the following subsections

(8a) 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 section 230 of the Acts Amendment

(Petroleum) Act 1989.

(8b) Subsection (3) applies to cores, cuttings and

samples furnished to the Minister before or after the

commencement of section 230 of the Acts Amendment

(Petroleum) Act 1989. ".

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Section 120 amended

231. in a licence area, the permittee" and substituting the following

Section 120 of the principal Act is amended by deleting "or

, a lease area or a licence area, the permittee, lessee ".

Section 121 amended

232. after "permittee" wherever it occurs the following-	Section 121 of the principal Act is amended by inserting
, lessee ".

Section 122 amended

233. by inserting after "permit," the following-

Section 122 of the principal Act is amended in subsection (1)

lease, ".

Section 124 amended

234. after "permit," the following-

Section 124 of the principal Act is amended by inserting

lease, ".

Section 127 amended

235. Section 127 of the principal Act is amended by inserting

after

(a)	"permittee" in both places where it occurs the following

, lessee ";

and

(b) "permit area" the following-

, lease area ".

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Section 129 amended

236. Section 129 of the principal Act is amended by inserting

after

(a)	"permittee" in both places where it occurs the following—

, lessee ";

and

(b)

"permit" the following-

"	, lease ".

Section 138A inserted

237. Division 6 of Part III of the principal Act is amended by

inserting after section 138 the following section

Service of documents on 2 or more permittees, etc.

138A. (1) Where there are 2 or more registered holders of a title or special prospecting authority, those registered holders shall, by notice in writing signed by each of them and served on the Minister, nominate one of the registered holders as being the person on whom documents relating to the title or special prospecting authority that are required or permitted by this Act to be served may be served.

(2) Subject to subsections (3) and (4), where

(a)	a document relating to a title or special prospecting authority is required or permitted by this Act to be served on the registered holder;
(b)	there are 2 or more registered holders of the title or special prospecting authority; and
(c)	the document is served on a person in respect of whom a nomination under subsection (1) is in force in relation to the title or special prospecting authority,

the document shall be deemed to have been served on each

of those registered holders.

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(3) Where

(a)	a person has been nominated under subsection (1) in relation to a title or special prospecting authority; and
(b)	one of the registered holders of the title or special prospecting authority, by notice in writing served on the Minister, revokes that nomination,

that nomination ceases to be in force and the registered holders of the title or special prospecting authority shall forthwith make a fresh nomination under subsection (1) in relation to the title or special prospecting authority.

(4) Where

(a)	a person has been nominated under subsection (1) in relation to a title or special prospecting authority; and
(b)	the person so nominated ceases to be one of the registered holders of the title or special prospecting authority,

that nomination ceases to be in force and, if 2 or more registered holders of the title or special prospecting authority remain, those holders shall forthwith make a fresh nomination under subsection (1) in relation to the title or special prospecting authority.

(5) In this section, "title" means a permit, lease, licence or access authority. ".

Section 139 amended

238. Section 139 of the principal Act is amended by deleting—

(a) paragraph (a) and substituting the following-

" (a) the prescribed minimum fee; or

and

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(b)

"rate of $15" in paragraph (b) and substituting the following-

"	prescribed rate ".

Section 139A inserted

239. inserting after section 139 the following section	Division 7 of Part III of the principal Act is amended by
Lease fees

'C 139A. There is payable to the Minister by a lessee, in

respect of each year of the term of the lease, a fee calculated at the prescribed rate for each of the blocks to which the lease relates at the commencement of that year. ".

Section 140 amended

240. of $9 000" and substituting the following	Section 140 of the principal Act is amended by deleting "rate
prescribed rate ".

Section 141 amended

241. of $40" and substituting the following-

Section 141 of the principal Act is amended by deleting "fee

"	prescribed fee ".

Section 142 amended

242. Section 142 of the principal Act is amended by inserting

after

(a)

"139," the following-

"	139A, "; and

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(b)

"permit," in both places where it occurs the following-

lease, ".

Section 143 amended

243. Section 143 of the principal Act is amended

(a) in subsection (1) by inserting after

(i) "permittee" in both places where it occurs the following-

44	, lessee f';

and

(ii) "permit area" the following-

, lease area ";

(b) in subsection (2) by inserting after "permit" the following-

, lease ";

and

, lease ".

Section 145 amended

244. Section 145 of the principal Act is amended in subsections

(1) (b) and (2) by inserting after "permittee" wherever it occurs the

following-

, lessee ".

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Section 146 amended

245. after "permittee" the following-	Section 146 of the principal Act is amended by inserting
, lessee ".

Section 147 amended

246. after "permittee" the following

Section 147 of the principal Act is amended by inserting

, lessee ".

Section 148 amended

247. after "permittee" wherever it occurs the following-

Section 148 of the principal Act is amended by inserting

, lessee ".

Section 150 amended

248. by inserting after "permittee," the following

Section 150 of the principal Act is amended in subsection (1)

lessee, ".

Section 151 amended

249. after "permittee," the following-

Section 151 of the principal Act is amended by inserting

"	lessee, ".

Section 152 amended

250. (a) in subsection (2) by inserting after-

Section 152 of the principal Act is amended—

(i) "permit" in paragraph (h) the following-

, lease "; and

1990]

Acts Amendment (Petroleum) Act

[No. 12

(ii) "permit area" in both places where it occurs in paragraph (i) the following-

, lease area ";

and

(b) by inserting after subsection (2) the following subsections

(2a) The regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a code of practice or standard contained in an instrument (including an instrument issued or made outside Australia), as in force or existing at the time when the regulations take effect or as in force or existing from time to time, being a code of practice or standard that is relevant to that matter.

(2b) Regulations under this section may prohibit the doing of an act or thing either unconditionally or subject to conditions, including conditions requiring the grant, as prescribed by the regulations, of the consent or approval of a person specified in the regulations. ".