Offshore Minerals Act 1994 (Cth)

Offshore Minerals Act 1994

No. 28, 1994

Compilation No. 16

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Offshore Minerals Act 1994 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

READER’S GUIDE

Purpose of the Reader’s Guide

The purpose of this Guide is to make it easier for you to read the Act. It gives you information about the scope, coverage and organisation of the Act and it alerts you to some of the basic concepts used in the Act. It also tells you about some of the features of the Act so that you can read the Act more efficiently.

Scope of the Act

The Act deals with 2 related matters:

* setting up a licensing system for mining and exploration in particular offshore areas; and

* applying State laws to those offshore areas so far as those laws concern mining and exploration activities.

The provisions dealing with the first matter take up most of the Act. The second matter is dealt with in Part 5.1.

Basic concepts

The Act uses a number of basic concepts and some of these concepts are sophisticated and difficult. If you are reading the Act for the first time, you should go to Division 2 of Part 1.2 first and familiarise yourself with these basic concepts before going on to read the other provisions of the Act.

The main basic concepts are:

* a Commonwealth‑State offshore area (an offshore area if you are already familiar with the Offshore Petroleum and Greenhouse Gas Storage Act 2006);

* blocks and the different kinds of blocks (standard, reserved and tender blocks);

* minerals;

* exploration;

* mining.

The bodies with decision‑making powers

The administration of the Act is generally shared between the Commonwealth Government and the State Governments. This means that the various decision‑making powers under the Act are given to different bodies. Part 1.3 explains who these bodies are. The State body is called the Designated Authority. The body that represents the Commonwealth and State Governments acting together is called the Joint Authority.

It is important to familiarise yourself with this terminology and to keep the distinction between the different authorities in mind when you read the provisions of the Act.

An important feature of the licensing system is that the Joint Authority always acts through the corresponding Designated Authority. The Joint Authority’s decisions are carried out by the Designated Authority. Applicants and licence holders always deal with the Designated Authority and do not deal directly with the Joint Authority, although the Joint Authority is the ultimate decision‑maker.

The Act also deals with exploration and mining in the offshore areas off external territories. Although special provision is sometimes made for the external territories, the general approach is to give the Commonwealth Minister the powers of both Designated Authority and Joint Authority (see subsections 29(3) and 32(3)).

The licensing scheme

Different activities require different authorisations. The Act provides for 5 kinds of authorisation:

* exploration licences;

* retention licences;

* mining licences;

* works licences;

* special purpose consents.

The Act deals with these authorisations in this order. The provisions dealing with each authorisation begin with a statement of the activities authorised by that particular authorisation and go on to deal with:

* applications;

* grant;

* duration;

* renewal;

* obligations of the holder;

* expiry.

You can use the table of provisions to home in on the authorisation and the topic you are interested in. Where necessary, the Act will cross refer you to related provisions that you might otherwise overlook or not find easy to locate. These cross references will be found in the Notes at the end of sections and subsections.

Registration and dealings

Chapter 3 deals with the related topics of registration and dealings in licences.

Administration

Chapter 4 deals with the administration of the licensing system including:

* information gathering powers;

* compliance inspections;

* the giving of directions;

* the lodgment and use of securities;

* restoration and rehabilitation action.

Summary of Contents

Chapter 1—Introduction

Part 1.1—Legislative formalities and background

Part 1.2—Interpretation

Division 1—General

Division 2—Basic concepts

Part 1.3—Designated Authorities and Joint Authorities

Part 1.4—Application of this Act

Chapter 2—Regulation of offshore exploration and mining

Part 2.1—General

Part 2.2—Exploration licences

Division 1—General

Division 2—Application for and grant of exploration licence over standard blocks

Division 3—Application for and grant of exploration licence over tender blocks

Division 4—Duration of exploration licence

Division 5—Voluntary surrender of part of exploration licence area

Division 6—Application for and grant of renewal of exploration licence

Division 7—Obligations associated with exploration licence

Division 8—Expiry of exploration licence

Part 2.3—Retention licences

Division 1—General

Division 2—Application for and grant of retention licence

Division 3—Duration of retention licence

Division 4—Voluntary surrender of part of retention licence area

Division 5—Application for and grant of renewal of retention licence

Division 6—Obligations associated with retention licence

Division 7—Expiry of retention licence

Part 2.4—Mining licences

Division 1—General

Division 2—Application for and grant of mining licence over standard blocks

Division 3—Application for and grant of mining licence over tender blocks

Division 4—Duration of mining licence

Division 5—Voluntary surrender of part of mining licence area

Division 6—Application for and grant of renewal of mining licence

Division 7—Obligations associated with mining licence

Division 8—Expiry of mining licence

Part 2.5—Works licences

Division 1—General

Division 2—Application for and grant of works licence

Division 3—Duration of works licence

Division 4—Application for and grant of renewal of works licence

Division 5—Obligations associated with works licence

Division 6—Expiry of works licence

Part 2.6—Special purpose consents

Chapter 3—Registration and dealings

Part 3.1—Registration

Division 1—Preliminary

Division 2—Matters to be entered in register

Subdivision A—Licences

Subdivision B—Caveats

Division 3—Miscellaneous

Part 3.2—Dealings in registered licences

Division 1—Dealings in licences to be in writing and registered

Division 2—Approval of transfer of licences

Chapter 4—Administration

Part 4.1—Information management

Part 4.2—Monitoring and enforcement

Division 1—Inspections

Division 2—Directions

Division 3—Securities

Division 4—Restoration of environment

Division 5—Safety zones

Division 6—Offences

Part 4.3—Review of decisions made about the offshore areas of external territories

Part 4.4—Procedures of Joint Authorities and Designated Authorities

Part 4.5—Inspectors

Part 4.6—Finance

Chapter 5—Miscellaneous

Part 5.1—Application of laws

Part 5.2—Miscellaneous

SCHEDULES

Schedule 1—Savings and transitional provisions

Contents

An Act relating to exploration for, and the recovery of, minerals (other than petroleum) in certain offshore areas, and for related purposes

Chapter 1IntroductionPart 1.1Legislative formalities and background 1Short title

This Act may be cited as the Offshore Minerals Act 1994.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Commonwealth‑State agreement (the Offshore Constitutional Settlement)

1. (1)

   The Commonwealth and the States have agreed that:

   1. (a)

      Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and

   2. (b)

      the States should share, in the manner provided by this Act, in the administration of the Commonwealth offshore mining legislation; and

   3. (c)

      State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and

   4. (d)

      the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea.

   Note: So far as the agreement relates to petroleum, it is reflected in Commonwealth legislation by the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

2. (2)

   Other Acts that provide background to the agreement (commonly referred to as the Offshore Constitutional Settlement) are:

   1. (a)

      the Seas and Submerged Lands Act 1973; and

   2. (b)

      the Coastal Waters (State Powers) Act 1980; and

   3. (c)

      the Coastal Waters (State Title) Act 1980; and

   4. (d)

      the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and

   5. (e)

      the Coastal Waters (Northern Territory Powers) Act 1980; and

   6. (f)

      the Coastal Waters (Northern Territory Title) Act 1980.

   Note 1: The Seas and Submerged Lands Act 1973:

   1. •

      declared and enacted that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;

   2. •

      gave the Governor‑General power to declare, by Proclamation, the limits of the territorial sea;

   3. •

      declared and enacted that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in respect of the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;

   4. •

      declared and enacted that the sovereign rights of Australia as a coastal State in respect of the Continental Shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth;

   5. •

      gave the Governor‑General power to declare, by Proclamation, the limits of the Continental Shelf of Australia.

   Note 2: The Coastal Waters (State Powers) Act 1980 was enacted following a request from the Parliaments of all the States under paragraph 51(xxxviii) of the Constitution of the Commonwealth and provided that the legislative powers exercisable under the Constitution of each State extended to the making of certain laws that would operate offshore.

   Note 3: The Coastal Waters (State Title) Act 1980 vested in each State certain property rights in the seabed beneath the coastal waters of the State.

   Note 4: The Offshore Petroleum and Greenhouse Gas Storage Act 2006 makes provision, based on the agreement referred to in subsection (1), for the licensing regime that applies to the exploration for and recovery of petroleum in offshore areas.

   Note 5: The Coastal Waters (Northern Territory Powers) Act 1980 makes similar provision to the State Powers Act in relation to the Northern Territory.

   Note 6: The Coastal Waters (Northern Territory Title) Act 1980 makes similar provision to the State Title Act in relation to the Northern Territory.

Part 1.2InterpretationDivision 1General4Interpretation

In this Act, unless the contrary intention appears:

approved means approved by the Designated Authority under section 41.

associate has the meaning given by subsection 26(1).

associated agent of a holder has the meaning given by subsection 26(3).

associated agent of an associated contractor has the meaning given by subsection 26(4).

associated contractor has the meaning given by subsection 26(2).

associated document file means an associated document file kept for the purposes of Part 3.1.

associated employee of an associated contractor has the meaning given by subsection 26(6).

associated employee of a holder has the meaning given by subsection 26(5).

associated revenue Act means:

1. (a)

   the Exploration Licence Fees Act; or

2. (b)

   the Mining Licence Fees Act; or

3. (c)

   the Retention Licence Fees Act; or

4. (d)

   the Works Licence Fees Act; or

5. (e)

   the Registration Fees Act; or

6. (f)

   the Royalty Act; or

7. (g)

   the Exploration Licence User Charge Act; or

8. (h)

   the Retention Licence User Charge Act.

block means a portion of an offshore area constituted according to section 17.

caveat on a licence means a caveat against:

1. (a)

   the registration of dealings in relation to the licence; or

2. (b)

   the registration of a person as a holder of the licence under section 340.

coastal waters of a State has the meaning given by section 16.

Commonwealth Minister means a Minister of State for the Commonwealth.

Commonwealth‑State offshore area has the meaning given by section 13.

compliance direction means a direction under section 387 or 392.

compliance inspection has the meaning given by section 377.

confidential information has the meaning given by section 27.

confidential sample has the meaning given by section 28.

consent area means the block or blocks specified in a special purpose consent.

Continental Shelf means the continental shelf of Australia within the meaning of the Seas and Submerged Lands Act 1973.

dealing in a licence means a transaction that creates, transfers, affects or otherwise deals with an interest in the licence and includes:

1. (a)

   a transfer of the licence; and

2. (b)

   a transfer of a share in a licence.

Designated Authority has the meaning given by section 29.

Note: If this Act confers a power or function on a Designated Authority generally, that power can be exercised, and that function can be performed, as provided by section 30.

discrete area has the meaning given by section 21.

exploration has the meaning given by section 23.

Exploration Licence Fees Act means the Offshore Minerals (Exploration Licence Fees) Act 1981.

Exploration Licence User Charge Act means the Offshore Minerals (Exploration Licence User Charge) Act 1994.

external territory means an external territory to which this Act extends under section 36.

external territory offshore area has the meaning given by section 14.

Fees Act means:

1. (a)

   when used in relation to an exploration licence—the Offshore Minerals (Exploration Licence Fees) Act 1981; and

2. (b)

   when used in relation to a retention licence—the Offshore Minerals (Retention Licence Fees) Act 1994; and

3. (c)

   when used in relation to a mining licence—the Offshore Minerals (Mining Licence Fees) Act 1981; and

4. (d)

   when used in relation to a works licence—the Offshore Minerals (Works Licence Fees) Act 1981;

and includes regulations made under those Acts.

Gazette means:

1. (a)

   in relation to a Commonwealth‑State offshore area—the Government Gazette of the State; or

2. (b)

   in relation to an external territory offshore area—the Commonwealth of Australia Gazette.

holder of a licence has the meaning given by subsection 25(1).

hydrocarbon means a hydrocarbon whether in a gaseous, liquid or solid state.

inspector means an inspector appointed under section 421.

interest, in relation to a licence, includes:

1. (a)

   an equitable interest in the licence; and

2. (b)

   a security interest in the licence.

Joint Authority has the meaning given by section 32.

Note: If this Act confers a power or function on a Joint Authority generally, that power can be exercised, and that function can be performed, as provided by section 33.

licence means:

1. (a)

   an exploration licence; or

2. (b)

   a retention licence; or

3. (c)

   a mining licence; or

4. (d)

   a works licence.

licence area means the block or blocks covered by a licence.

mineral has the meaning given by section 22.

Mining Licence Fees Act means the Offshore Minerals (Mining Licence Fees) Act 1981.

native title and native title rights and interests have the same meaning as in the Native Title Act 1993.

offshore area means a Commonwealth‑State offshore area or an external territory offshore area.

offshore exploration or mining activity means:

1. (a)

   the exploration for minerals in an offshore area; or

2. (b)

   the recovery of minerals from an offshore area; or

3. (c)

   activities carried out in an offshore area under a works licence.

offshore mining register means a register kept for the purposes of Part 3.1.

petroleum means:

1. (a)

   a hydrocarbon or a mixture of hydrocarbons; or

2. (b)

   a mixture of one or more hydrocarbons and one or more of the following:

   1. (i)

      hydrogen sulphide;

   2. (ii)

      nitrogen;

   3. (iii)

      helium;

   4. (iv)

      carbon dioxide.

primary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which the applicant is given a written notice:

1. (a)

   in the case of the grant of an exploration licence—under section 66 or 83; and

2. (b)

   in the case of the renewal of an exploration licence—under section 110; and

3. (c)

   in the case of the grant of a retention licence—under section 147; and

4. (d)

   in the case of the renewal of a retention licence—under section 169; and

5. (e)

   in the case of the grant of a mining licence—under section 210 or 227; and

6. (f)

   in the case of the renewal of a mining licence—under section 246; and

7. (g)

   in the case of the grant of a works licence—under section 279; and

8. (h)

   in the case of the renewal of a works licence—under section 296.

provisional holder means a person who has been provisionally granted a licence.

recovery has the meaning given by section 24.

registered means registered in an offshore mining register.

Registration Fees Act means the Offshore Minerals (Registration Fees) Act 1981.

reserved block is a block that is declared to be reserved under section 18.

responsible Commonwealth Minister means the Commonwealth Minister who is responsible for the administration of this Act.

responsible State Minister, for a State means the State Minister who is authorised under a law of the State to perform the functions of a Designated Authority under this Act.

Retention Licence Fees Act means the Offshore Minerals (Retention Licence Fees) Act 1994.

Retention Licence User Charge Act means the Offshore Minerals (Retention Licence User Charge) Act 1994.

Royalty Act means the Offshore Minerals (Royalty) Act 1981.

sample of the seabed or subsoil in an offshore area includes a core or cutting from the seabed or subsoil in that area.

secondary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which an extension of the primary payment period for the grant or renewal concerned ends.

share in a licence has the meaning given by subsections 6(1), (2) and (3).

special purpose consent means a consent granted under Part 2.6.

standard block has the meaning given by section 19.

State has a meaning that is affected by the operation of section 5.

State Minister means:

1. (a)

   a Minister of State for a State; or

2. (b)

   a Minister of State for the Northern Territory.

successor licence to a licence has the meaning given by section 8.

Note: See section 15.

surrender day for an exploration licence means:

1. (a)

   the day on which the initial term of the licence ends; or

2. (b)

   a day on which the term of a renewal of the licence ends.

tender block has the meaning given by section 20.

the 1981 Act means the Minerals (Submerged Lands) Act 1981.

transfer:

1. (a)

   when used in relation to a licence—has the meaning given by subsection 7(1); and

2. (b)

   when used in relation to a share in a licence—has the meaning given by subsections 7(2) and (3).

vary a licence condition includes revoke or suspend.

Works Licence Fees Act means the Offshore Minerals (Works Licence Fees) Act 1981.

5Treatment of the Northern Territory

For the purposes of this Act:

1. (a)

   the Northern Territory is to be treated as though it were a State; and

2. (b)

   the Legislative Assembly of the Northern Territory is to be treated as though it were the Parliament of a State; and

3. (c)

   Ministers of the Northern Territory are to be treated as though they were Ministers of a State; and

4. (d)

   the laws of the Northern Territory are to be treated as though they were State laws; and

5. (e)

   the Northern Territory’s courts, tribunals, authorities and officers are to be treated as though they were State courts, tribunals, authorities and officers.

Note: For the significance of paragraphs (d) and (e) see Part 5.1 (application of State laws to Commonwealth‑State offshore areas).

6Shares in a licence

1. (1)

   A person has a share in a licence if the person is the holder, or one of the holders, of the licence.

2. (2)

   If a holder is entitled to a particular percentage of the value of the rights conferred by a licence, that percentage is the holder’s share in the licence.

   Note: A sole holder has a 100% share in the licence.

3. (3)

   If:

   1. (a)

      a person is a registered holder of a licence; and

   2. (b)

      the person is shown in an offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the licence;

the person’s share in the licence is taken to be the percentage specified in the register.

7Transfer of a licence

1. (1)

   For the purposes of this Act, a licence is transferred if:

   1. (a)

      the licence has only one holder and the holder transfers the whole of his or her interest in the licence to another person or other persons; or

   2. (b)

      the licence has 2 or more holders and the holders all transfer the whole of their interests in the licence to another person or other persons.

2. (2)

   For the purposes of this Act, a share in a licence is transferred if:

   1. (a)

      the licence has only one holder and the holder transfers a part of the holder’s share in the licence to another person or other persons; or

   2. (b)

      the licence has 2 or more holders and:

      1. (i)

         some, but not all, of the holders transfer the whole of their shares in the licence to another person; or

      2. (ii)

         some or all of the holders transfer a part of their shares in the licence to another person.

3. (3)

   The other person referred to in paragraph (2)(b) may be an existing licence holder.

8Successor licences

1. (1)

   If:

   1. (a)

      a mining licence takes effect immediately after an exploration licence expires; and

   2. (b)

      the holder of the mining licence immediately after it takes effect was the holder of the exploration licence immediately before it expired;

the mining licence is a successor licence to the exploration licence.

1. (2)

   If:

   1. (a)

      a retention licence takes effect immediately after an exploration licence expires; and

   2. (b)

      the holder of the retention licence immediately after it takes effect was the holder of the exploration licence immediately before it expired;

the retention licence is a successor licence to the exploration licence.

1. (3)

   If:

   1. (a)

      a mining licence takes effect immediately after a retention licence expires; and

   2. (b)

      the retention licence took effect immediately after an exploration licence expired; and

   3. (c)

      the holder of the mining licence immediately after it takes effect was the holder of the retention licence immediately before it expired; and

   4. (d)

      the holder of the retention licence immediately after it took effect was the holder of the exploration licence immediately before it expired;

the mining licence is a successor licence to the exploration licence and the retention licence.

9Notes, diagrams etc. form part of section etc.

1. (1)

   For the purposes of this Act, a diagram is taken to be part of:

   1. (a)

      if the diagram occurs in a section containing subsections—the subsection immediately preceding the diagram; or

   2. (b)

      if the diagram occurs in a section without subsections—the section.

2. (2)

   For the purposes of this Act, a Note is taken to be part of:

   1. (a)

      if the Note immediately follows a section without subsections—the section; or

   2. (b)

      if the Note immediately follows a subsection—the subsection; or

   3. (c)

      if the Note immediately follows a definition and is aligned with the text of the definition—the definition.

10Position on the Earth’s surface

1. (1)

   Subject to subsection (2), this is how the position of a point, line or area on the Earth’s surface is to be worked out for the purposes of this Act and subordinate instruments:

   1. (a)

      the position is to be worked out by reference to a spheroid that:

      1. (i)

         has a major (equatorial) radius of 6,378,160 metres; and

      2. (ii)

         has a flattening of 100/29825; and

   2. (b)

      the Johnston Geodetic Station in the Northern Territory is taken to be located 571.2 metres above the point on the surface of the spheroid that is at:

      1. (i)

         133°12’30.0771” East Longitude; and

      2. (ii)

         25°56’54.5515” South Latitude.

2. (2)

   The position on the Earth’s surface of a point or line specified in an International Seabed Agreement is to be worked out for the purposes of this Act and subordinate instruments in accordance with the Agreement.

3. (3)

   In this section:

International Seabed Agreement means:

1. (a)

   the Agreement between Australia and Indonesia that was signed at Canberra on 18 May 1971 and established certain seabed boundaries; and

2. (b)

   the Agreement between Australia and Indonesia that was signed at Jakarta on 9 October 1972 and established certain seabed boundaries in the area of the Timor and Arafura Seas; and

3. (c)

   the Agreement between Australia and Indonesia that was signed at Jakarta on 12 February 1973 and that related to certain boundaries between Papua New Guinea and Indonesia; and

4. (d)

   the treaty between Australia and the Independent State of Papua New Guinea concerning sovereignty and maritime boundaries in the area between the 2 countries, including the area known as the Torres Strait, and related matters that was signed at Sydney on 18 December 1978; and

5. (e)

   the Agreement on Maritime Delimitation between the Government of Australia and the Government of the French Republic that was signed at Melbourne on 4 January 1982; and

6. (f)

   the agreement between the Government of Australia and the Government of the Solomon Islands Establishing Certain Sea and Seabed Boundaries that was signed at Honiara on 13 September 1988; and

7. (g)

   the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018;

and includes those agreements as varied from time to time.

subordinate instrument means:

1. (a)

   the regulations; and

2. (b)

   instruments made under this Act and the regulations.

11AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences created by this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

12Power to vary and revoke instruments

1. (1)

   Under subsection 33(3) of the Acts Interpretation Act 1901, any provision of this Act that confers a power to do something in writing is also taken to confer the power to repeal, rescind, revoke, amend or vary the written document by which that thing is done.

2. (2)

   The power to repeal, rescind, revoke, amend or vary:

   1. (a)

      must also be exercised in writing; and

   2. (b)

      is subject to the same procedural requirements as the original power; and

   3. (c)

      is subject to the same conditions as those that governed the exercise of the original power.

Division 2Basic concepts13Commonwealth‑State offshore areas

1. (1)

   The Commonwealth‑State offshore area for a State is the area that is the offshore area for the State for the purposes of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

   Note 1: The offshore area for the purposes of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is worked out by taking an area off the coast of the State that is described in Schedule 1 to that Act and then excluding all waters within a line 3 nautical miles seaward of the territorial sea baseline and also excluding any areas that are beyond the outer limits of the Continental Shelf. The map in subsection 6(3) of that Act illustrates the offshore areas.

   Note 2: Neither of the following areas described in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is an offshore area of a State:

   (a) the Bayu‑Undan pipeline international offshore area;

   (b) the Greater Sunrise pipeline international offshore area.

2. (2)

   The following diagram illustrates how a Commonwealth‑State offshore area relates to:

   1. (a)

      the territorial sea baseline; and

   2. (b)

      the 3 nautical mile limit (the outer limit of the State’s coastal waters); and

   3. (c)

      the 12 nautical mile limit (the outer limit of the territorial sea); and

   4. (d)

      the outer limits of the Continental Shelf.

   Note 1: For the baseline see Australia’s territorial sea baseline (AGPS) 1988: generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast.

   Note 2: The Continental Shelf in a legal sense starts not from the coast but from the outer limits of the territorial sea. In a geophysical sense, of course, the continental shelf starts at the coast. The diagram shows the outer edge of the continental margin as the limit of the Continental Shelf but sometimes the 200 nautical mile limit defines the limit of the Continental Shelf.

   Note 3: Sometimes the outer limit of the Commonwealth‑State offshore area is a bilaterally negotiated boundary or a median line adopted pending bilateral negotiations.

14External territory offshore areas

1. (1)

   The external territory offshore area for the Territory of Ashmore and Cartier Islands is the area that is the offshore area for that Territory for the purposes of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

   Note 1: The offshore area for the Territory of Ashmore and Cartier Islands for the purposes of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is worked out by taking the area off the coast of the territory that is described in Schedule 1 to that Act and then excluding any areas that are beyond the Continental Shelf.

   Note 2: Under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, any land that is in the offshore area for the Territory of Ashmore and Cartier Islands is treated as submerged land and as part of the seabed and subsoil of that offshore area.

2. (2)

   The external territory offshore area for Norfolk Island, the Territory of Heard Island and McDonald Islands, Christmas Island and Cocos (Keeling) Islands is the area which starts at the coastline of the Islands at mean low water and ends at the outer limit of the superjacent waters of the Continental Shelf adjacent to the coast of the islands.

   Note: Under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, the Coral Sea area is treated as being part of the offshore area for Queensland. Therefore, in this Act, the Coral Sea area is part of the Commonwealth‑Queensland offshore area.

15Effect of change to, or reassessment of the location of, baseline

1. (1)

   If:

   1. (a)

      a licence has been granted on the basis that an area is within an offshore area; and

   2. (b)

      there is a change to the baseline of Australia’s territorial sea or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and

   3. (c)

      as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within an offshore area;

this Act applies as if the area were still within the offshore area.

1. (2)

   Subsection (1) continues to apply to the area only while the licence (and any successor licence) remains in force.

2. (3)

   If:

   1. (a)

      a State offshore mining licence has been granted on the basis that an area is within the State’s coastal waters; and

   2. (b)

      there is a change to the baseline of Australia’s territorial sea or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and

   3. (c)

      as a result of the change to, or reassessment of the location of, the baseline, the area:

      1. (i)

         ceases to be within the State’s coastal waters; and

      2. (ii)

         falls within an offshore area;

this Act does not apply to the area.

1. (4)

   Subsection (3) continues to apply to the area only while the State offshore mining licence (and any successor licence) remains in force.

2. (5)

   In this section:

State offshore mining licence means a licence granted under State law that authorises the holder to:

1. (a)

   explore for or recover minerals (other than petroleum) in the seabed or subsoil under the State’s coastal waters; or

2. (b)

   carry out related activities.

successor licence to a State offshore mining licence is a licence that is a successor licence to that licence for the purposes of State law.

16Coastal waters of a State

1. (1)

   The coastal waters of a State are so much of the area off the coast of the State that is described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 as is constituted by:

   1. (a)

      the first 3 nautical miles of the Australian territorial sea from the baseline; and

   2. (b)

      any waters that are inside the baseline and not within the limits of the State.

2. (2)

   The following diagram illustrates the coastal waters of a State:

   Note: For the baseline see Australia’s territorial sea baseline (AGPS) 1988: generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast.

17Blocks

1. (1)

   This is how a block is constituted in an offshore area:

   1. (a)

      assume that there is laid over the offshore area a grid constituted by:

      1. (i)

         lines running along meridians drawn through each degree of longitude and the minutes between those degrees; and

      2. (ii)

         lines running along parallels drawn through each degree of latitude and the minutes between those degrees;

   2. (b)

      take a bounded space defined by the grid;

   3. (c)

      the seabed and subsoil within the offshore area that is under that space is a block in the offshore area.

2. (2)

   The following diagram shows how a block is constituted:

   Note: Each block is identified by giving the name of the plan in the 1:1,000,000 map series, an identifying number of the 5 minute primary block and a letter identifying the 1 minute block. The block in the diagram is 1621(a) on the Darwin sheet.

18Reserved block

1. (1)

   Subject to subsection (3), the Joint Authority for a Commonwealth‑State offshore area may declare that a block in the offshore area is a reserved block.

   Note 1: A reserved block may be put up for tender by a Joint Authority publishing in the Gazette a tender block licence notice (see sections 74 and 218).

   Note 2: Paragraph 23(b) of the Acts Interpretation Act 1901 allows a single declaration under this subsection to be made in respect of 2 or more blocks.

2. (2)

   Subject to subsection (3), the responsible Commonwealth Minister may declare that a block in an external territory offshore area is a reserved block.

   Note 1: A reserved block may be put up for tender by the responsible Commonwealth Minister publishing in the Gazette a tender block licence notice (see sections 74 and 218).

   Note 2: Paragraph 23(b) of the Acts Interpretation Act 1901 allows a single declaration under this subsection to be made in respect of 2 or more blocks.

3. (3)

   A declaration under subsection (1) or (2) must not be made in relation to a block if:

   1. (a)

      a licence over that block is in force; or

   2. (b)

      an application for a licence over that block has been made and has not been determined.

4. (4)

   A declaration under subsection (1) or (2) must be made by notice published in the Gazette.

19Standard block

A standard block is a block that is not the subject of a declaration under subsection 18(1) or (2).

20Tender block

A tender block is a block that is the subject of a tender block licence notice published by the Joint Authority under section 74 or section 218.

21Discrete area

A group of blocks forms a discrete area if the area formed by the blocks is continuous.

22Mineral

1. (1)

   A mineral is a naturally occurring substance or a naturally occurring mixture of substances.

   Note: This Act does not apply to petroleum (see section 35).

2. (2)

   Without limiting subsection (1), a mineral may be in the form of sand, gravel, clay, limestone, rock, evaporites, shale, oil‑shale or coal.

23Exploration

1. (1)

   For the purposes of this Act, exploration for minerals includes any activity that is directly related to the exploration for minerals.

2. (2)

   For the purposes of this Act, exploration does not include the exploration for minerals of the subsoil of a Commonwealth‑State offshore area that is carried out by means of underground mining from State land in accordance with any law of the State governing mineral exploration.

24Recovery

1. (1)

   For the purposes of this Act, recovery of minerals includes any activity that is directly related to the recovery of minerals.

2. (2)

   For the purposes of this Act, recovery does not include the recovery of minerals from the subsoil of a Commonwealth‑State offshore area that is carried out by means of underground mining from State land in accordance with any law of the State governing mineral recovery.

25Licence holder

1. (1)

   For the purposes of this Act, the holder of a licence is the person whose name is on the relevant offshore mining register as the person who holds the licence.

   Note 1: This Act is based upon the grant and registration of licences.

   Note 2: If a licence is granted to a person, that person’s name is entered on the register (see section 333).

   Note 3: The entry on the register in relation to a licence will be varied if there is a change in the licence holder (see subsection 338(5)).

2. (2)

   A licence may be held by more than one person.

26Associates

1. (1)

   For the purposes of this Act, the following are the associates of a licence holder:

   1. (a)

      associated contractors of the holder;

   2. (b)

      associated agents of the holder;

   3. (c)

      associated agents of associated contractors;

   4. (d)

      associated employees of the holder;

   5. (e)

      associated employees of associated contractors.

2. (2)

   A person is an associated contractor of the holder if:

   1. (a)

      the person enters an agreement with the holder for carrying out activities under the licence; or

   2. (b)

      the person enters an agreement with a person who is an associated contractor under paragraph (a) or this paragraph for carrying out activities under the licence.

3. (3)

   A person is an associated agent of the holder if the person is the agent of, or acts on behalf of, the holder in relation to carrying out activities under the licence.

4. (4)

   A person is an associated agent of an associated contractor if the person is the agent of, or acts on behalf of, the associated contractor in relation to carrying out activities under the licence.

5. (5)

   A person is an associated employee of the holder if the person is employed by the holder and, in the course of that employment, carries out activities under the licence.

6. (6)

   A person is an associated employee of an associated contractor if the person is employed by the associated contractor and, in the course of that employment, carries out activities under the licence.

27Confidential information

1. (1)

   For the purposes of this Act, information is confidential information if:

   1. (a)

      a licence holder has given it to the Designated Authority; and

   2. (b)

      it is in a record, return, report or document; and

   3. (c)

      it relates to activities authorised by the licence; and

   4. (d)

      it relates to an area of the seabed or subsoil of an offshore area that is covered by the licence or a successor licence to the licence.

2. (2)

   However, if:

   1. (a)

      a person is required to give the Designated Authority a report in relation to particular blocks; and

   2. (b)

      the person gives the Designated Authority a report that relates not only to those blocks but also to other blocks; and

   3. (c)

      the Designated Authority is required to make the report available under section 376;

the information that relates to those other blocks is not confidential information.

28Confidential sample

For the purposes of this Act, a core, cutting or sample is a confidential sample if:

1. (a)

   a licence holder has given it to the Designated Authority; and

2. (b)

   it was recovered in the course of activities authorised by the licence; and

3. (c)

   it was recovered from an area of the seabed or subsoil of an offshore area that is covered by the licence or a successor licence to the licence.

Part 1.3Designated Authorities and Joint Authorities 29Designated Authorities

1. (1)

   For the purposes of this Act, there is a Designated Authority for each offshore area.

2. (2)

   The Designated Authority for the Commonwealth‑State offshore area of a State is the responsible State Minister.

3. (3)

   The Designated Authority for an external territory offshore area is the responsible Commonwealth Minister.

30Functions and powers of Designated Authorities

1. (1)

   A Designated Authority for a State has, in relation to the Commonwealth‑State offshore area for that State, the functions and powers that this Act confers on a Designated Authority.

2. (2)

   A State Minister acting on behalf of the responsible State Minister may perform the functions and exercise the powers that the responsible State Minister has in the capacity of Designated Authority for a Commonwealth‑State offshore area.

3. (3)

   The Designated Authority for an external territory offshore area has, in relation to the external territory offshore area, the functions and powers that this Act confers on a Designated Authority.

4. (4)

   A Commonwealth Minister acting on behalf of the responsible Commonwealth Minister may perform the functions and exercise the powers that the responsible Commonwealth Minister has in the capacity of Designated Authority of an external territory offshore area.

31Judicial notice of signature of Designated Authority

1. (1)

   All courts must take judicial notice of:

   1. (a)

      the signature of a person who is, or has been:

      1. (i)

         the Designated Authority for a Commonwealth‑State offshore area; or

      2. (ii)

         a delegate of the Designated Authority for a Commonwealth‑State offshore area; or

      3. (iii)

         a State Minister acting on behalf of the responsible State Minister under subsection 30(2); and

   2. (b)

      the fact that that person is, or was:

      1. (i)

         the Designated Authority for that offshore area; or

      2. (ii)

         acting on behalf of the responsible State Minister under subsection 30(2).

2. (2)

   All courts must take judicial notice of:

   1. (a)

      the signature of a person who is, or has been:

      1. (i)

         the Designated Authority for an external offshore area; or

      2. (ii)

         a delegate of the Designated Authority for an external territory offshore area; or

      3. (iii)

         a Commonwealth Minister acting on behalf of the responsible Commonwealth Minister under subsection 30(4); and

   2. (b)

      the fact that that person is, or was:

      1. (i)

         the Designated Authority for that offshore area; or

      2. (ii)

         acting on behalf of the responsible Commonwealth Minister under subsection 30(4).

32Joint Authorities

1. (1)

   For the purposes of this Act, there is a Joint Authority for each offshore area.

2. (2)

   The Joint Authority for a Commonwealth‑State offshore area is constituted by the responsible State Minister and the responsible Commonwealth Minister.

   Note: The procedures which are to be followed by Joint Authorities are set out in sections 408 to 418.

3. (3)

   The Joint Authority for an external territory offshore area is the responsible Commonwealth Minister.

33Functions and powers of Joint Authorities

1. (1)

   A Joint Authority for a State has, in relation to the Commonwealth‑State offshore area for that State, the functions and powers that this Act confers on a Joint Authority.

2. (2)

   The responsible Commonwealth Minister has, in relation to an external territory offshore area, the functions and powers that this Act confers on a Joint Authority.

34Service of documents on a Joint Authority

A document that is to be given to the Joint Authority for a Commonwealth‑State offshore area may be given to the Joint Authority by giving it to the Designated Authority for that offshore area.

Part 1.4Application of this Act 35Act does not apply to exploration for or recovery of petroleum

This Act does not apply to the exploration for or recovery of petroleum.

Note 1: For petroleum see section 4.

Note 2: Offshore petroleum exploration and mining are regulated by the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

35AAct does not apply in relation to Greater Sunrise special regime area

This Act does not apply to the Greater Sunrise special regime area within the meaning of the Seas and Submerged Lands Act 1973.

36Act extends to certain external territories

This Act extends to the following external territories:

1. (a)

   the Territory of Ashmore and Cartier Islands;

2. (b)

   Norfolk Island;

3. (c)

   the Territory of Heard Island and McDonald Islands;

4. (d)

   Christmas Island;

5. (e)

   the Territory of Cocos (Keeling) Islands;

6. (f)

   the Coral Sea Islands Territory.

Note 1: This Act treats the Coral Sea Islands Territory offshore area as part of Queensland’s offshore area.

Note 2: This Act operates in a Commonwealth‑State offshore area on the basis of shared administration between the Commonwealth and the State and this involves sharing powers between Designated Authorities and Joint Authorities. In external territory offshore areas, the responsible Commonwealth Minister exercises all the powers and therefore has both Designated Authority powers and Joint Authority powers. When the Commonwealth‑State offshore area regime requires communication and consultation between Designated Authorities and Joint Authorities, this Act contains special provisions dealing with external territory offshore areas (see, for example, section 64).

Note 3: This Act provides for review of the decisions of the Designated Authority in relation to external territory offshore areas (see Part 4.3).

37Act applies to all individuals and corporations

1. (1)

   This Act applies to all individuals, including:

   1. (a)

      individuals who are not Australian citizens; and

   2. (b)

      individuals who are not resident in Australia or an external territory.

2. (2)

   This Act applies to all corporations, including:

   1. (a)

      corporations that are not incorporated in Australia; and

   2. (b)

      corporations that do not carry on business in Australia or an external territory.

Chapter 2Regulation of offshore exploration and miningPart 2.1General 38General prohibition on exploring and mining in offshore areas without appropriate authorisation under this Act

A person must not:

1. (a)

   explore for minerals in an offshore area; or

2. (b)

   recover minerals from an offshore area;

unless the exploration or recovery is authorised by a licence or special purpose consent granted under this Act.

Note: A works licence may be necessary because exploration includes activities that are directly related to exploration (see subsection 23(1)) and recovery includes activities that are directly related to recovery (see subsection 24(1)).

Penalty: 300 penalty units.

39Licences and consents available under this Act

This Act provides for the grant of:

1. (a)

   exploration licences (see Part 2.2); and

2. (b)

   retention licences (see Part 2.3); and

3. (c)

   mining licences (see Part 2.4); and

4. (d)

   works licences (see Part 2.5); and

5. (e)

   special purpose consents (see Part 2.6).

Note 1: An exploration licence is designed to cover the exploration phase of a project and authorises:

1. •

   exploration; and

2. •

   the recovery of mineral samples.

Note 2: A retention licence is designed to ensure the retention of rights pending the transition of a project from the exploration phase to the commercial mining phase and authorises:

1. •

   exploration; and

2. •

   the recovery of minerals but not as part of a commercial mining operation.

Note 3: A mining licence is designed to cover the commercial mining phase of a project and authorises:

1. •

   exploration; and

2. •

   full commercial recovery.

Note 4: A project might make use of any of the following 3 licence arrangements:

1. •

   an exploration licence leading to a mining licence;

2. •

   an exploration licence leading to a retention licence and then a mining licence;

3. •

   a mining licence (without progressing through an exploration/retention licence stage).

Note 5: A licence is granted over a particular area (constituted by blocks). The licence holder may need to carry out engineering or other activities outside the licence area. If so, the licence holder or someone else must obtain a works licence to carry out those activities.

Note 6: If a person wants to carry out:

1. •

   a scientific investigation; or

2. •

   a reconnaissance survey; or

3. •

   the collection of only small amounts of minerals;

in an offshore area, the person must obtain a special purpose consent under Part 2.6 to carry out the activity.

Note 7: Even though a person has a licence or special purpose consent, the person must not interfere unnecessarily with navigation, native title, fishing, resource conservation or other activities in the area (see section 44).

40Steps involved in the grant of a fully effective licence

1. (1)

   The following 3 steps must occur before a licence comes into force:

   1. (a)

      provisional grant of the licence;

   2. (b)

      proper acceptance of the grant;

   3. (c)

      registration of the grant.

   Note: See sections 88, 154, 232 and 286.

2. (2)

   If a licence is provisionally granted to a person, the person must do the following to properly accept the grant:

   1. (a)

      give the Designated Authority a written acceptance;

   2. (b)

      lodge any security that the Joint Authority has required;

   3. (c)

      pay the fees that are payable under the Fees Act.

   Note: See sections 70, 84, 151, 214, 228 and 283.

3. (3)

   The following 3 steps must occur before a renewal of a licence comes into force:

   1. (a)

      provisional renewal of the licence;

   2. (b)

      proper acceptance of the renewal;

   3. (c)

      registration of the renewal.

   Note: See sections 89, 155, 233 and 287.

4. (4)

   If a licence is provisionally renewed, the holder must do the following to properly accept the renewal:

   1. (a)

      give the Designated Authority a written acceptance of the renewal;

   2. (b)

      lodge any security that the Joint Authority has required;

   3. (c)

      pay the fees that are payable under the Fees Act.

   Note: See sections 114, 173, 250 and 300.

41Approval of form and manner of applications etc.

1. (1)

   The Designated Authority for an offshore area may approve the form and the manner in which the following are to be made:

   1. (a)

      applications for licences over blocks in the offshore area;

   2. (b)

      applications for the renewal of licences over blocks in the offshore area.

2. (2)

   The Designated Authority for an offshore area may determine guidelines for the maps to accompany applications for licences over blocks in the offshore area.

3. (3)

   An approval under subsection (1) or a determination under subsection (2) is to be made in writing.

42Rights to minerals recovered

1. (1)

   Any minerals recovered by a licence holder or special purpose consent holder from a block covered by the licence or consent become the property of the holder when they are recovered.

2. (2)

   If the licence or consent authorises the exploration for and the recovery of minerals only of a particular kind, subsection (1) only applies to the recovery of minerals of that kind.

3. (3)

   Subsection (1) does not apply to the recovery of minerals by a works licence holder.

4. (4)

   The minerals recovered are not subject to the rights of any other person.

5. (5)

   Subsection (4) does not apply to rights that the licence or consent holder transfers to the other person.

43Effect of grant of licence or special purpose consent on native title

1. (1)

   The grant of a licence or special purpose consent under this Act does not extinguish native title in the licence or consent area.

2. (2)

   While a licence or consent under this Act is in force over an area, native title in the area is subject to the rights conferred by the licence or consent.

44Licence etc. does not authorise unnecessary interference with other activities in the licence area

A person contravenes this section if:

1. (a)

   the person carries out activities in an offshore area under a licence or special purpose consent granted under this Act; and

2. (b)

   those activities interfere with:

   1. (i)

      navigation; or

   2. (ii)

      the exercise of native title rights and interests; or

   3. (iii)

      fishing; or

   4. (iv)

      the conservation of the resources of the sea or the seabed; or

   5. (v)

      any activities that someone else is lawfully carrying out; and

3. (c)

   the interference is greater than is necessary for:

   1. (i)

      the reasonable exercise of the person’s rights under the licence or consent; or

   2. (ii)

      the performance of the person’s duties under the licence or consent.

Note: The person referred to here might be the licence or consent holder or might be an associated person.

Penalty: 100 penalty units.

Part 2.2Exploration licencesDivision 1General45Exploration licences

1. (1)

   This Part provides for the grant of exploration licences over blocks in an offshore area.

2. (2)

   An exploration licence may be granted over a standard block (see Division 2) or over a tender block (see Division 3).

   Note: A tender block is a block that has been declared available for tender. A standard block is any block that is not a reserved block (see sections 19 and 20).

46Activities authorised by an exploration licence

1. (1)

   Subject to subsection (2), an exploration licence holder may:

   1. (a)

      explore for minerals in the licence area; and

   2. (b)

      take samples of minerals in the licence area.

   Note 1: Under subsection 23(1) the concept of exploration extends to activities that are directly related to exploration.

   Note 2: Under subsection 24(1) the concept of recovery extends to activities that are directly related to the recovery of minerals.

2. (2)

   If the licence is expressed to restrict the kind of minerals covered by the licence, the holder is not permitted to explore for, or to take samples of, minerals not covered by the licence.

3. (3)

   A restriction on the kind of minerals covered by the licence may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C).

4. (4)

   For the purposes of subsection (2), the holder does not take samples of an excluded mineral if, in the course of exploring for, or taking samples of, another mineral, the holder recovers some excluded mineral.

47Joint Authority may cancel or not renew exploration licence without compensation

No compensation is payable because of the cancellation or non‑renewal of an exploration licence by the Joint Authority.

Note 1: The Joint Authority may cancel the licence under section 130.

Note 2: The Joint Authority may refuse under section 108 or 109 to renew the licence.

48Licence rights may be suspended

1. (1)

   The Joint Authority must suspend particular rights conferred by an exploration licence if the Joint Authority is satisfied that it is necessary in the national interest to do so.

2. (2)

   The Joint Authority may suspend rights under subsection (1) for a specified period or for an indefinite period.

3. (3)

   The Joint Authority may end a suspension at any time.

4. (4)

   A suspension or the ending of a suspension must be in writing.

5. (5)

   If the Joint Authority:

   1. (a)

      suspends rights conferred by an exploration licence; or

   2. (b)

      ends a suspension;

the Joint Authority must give the licence holder a written notice that informs the holder of the suspension or the ending of the suspension.

Note: See section 122 for the effect of the suspension on the obligations associated with the licence.

1. (6)

   A suspension takes effect when:

   1. (a)

      the holder has been given notice of the suspension under subsection (5); and

   2. (b)

      the suspension has been registered under section 337.

49Compensation for acquisition of property due to suspension of rights

1. (1)

   If:

   1. (a)

      the Joint Authority suspends licence rights under section 48; and

   2. (b)

      the suspension results in the acquisition of property from a person; and

   3. (c)

      the Commonwealth and the person agree on an amount of compensation for the acquisition;

the Commonwealth must pay the person the agreed amount of compensation.

1. (2)

   If:

   1. (a)

      the Joint Authority suspends licence rights under section 48; and

   2. (b)

      the suspension results in the acquisition of property from a person; and

   3. (c)

      the Commonwealth and the person do not agree on an amount of compensation for the acquisition; and

   4. (d)

      the person brings an action for compensation against the Commonwealth in the High Court or an appropriate Supreme Court;

the Commonwealth must pay the person the amount of compensation (if any) that is determined by the court.

1. (3)

   In this section:

acquisition of property means an acquisition of property within the meaning of paragraph 51(xxxi) of the Constitution.

appropriate Supreme Court means the Supreme Court of, or having jurisdiction in, the State or Territory for which the Joint Authority is established.

Division 2Application for and grant of exploration licence over standard blocks50Application for exploration licence over standard block

1. (1)

   A person may apply to the Joint Authority for an exploration licence over a standard block if:

   1. (a)

      the block is vacant; and

   2. (b)

      the block is not excluded.

   Note: For excluded blocks see section 51.

2. (2)

   A standard block is vacant if no exploration, retention or mining licence is in force over the block.

3. (3)

   A person may apply for an exploration licence over a group of standard blocks if:

   1. (a)

      the group forms a discrete area; and

   2. (b)

      there are not more than 500 blocks in the group.

   Note: The Designated Authority may, in certain circumstances, allow an application to be made for an exploration licence covering up to 3 discrete areas (see section 53).

51Which blocks are excluded?

1. (1)

   A block is excluded if:

   1. (a)

      an exploration licence over the block has been surrendered or cancelled; and

   2. (b)

      a period of 30 days after the day on which the licence was surrendered or cancelled has not ended.

2. (2)

   A block is excluded for a particular applicant if:

   1. (a)

      the applicant previously applied for an exploration licence over the block; and

   2. (b)

      the application was refused; and

   3. (c)

      a period of 6 months after the day on which the previous application was refused has not ended.

3. (3)

   A block is excluded for a particular applicant if:

   1. (a)

      the applicant was previously the holder of an exploration, retention or mining licence over the block; and

   2. (b)

      the previous licence was surrendered or cancelled; and

   3. (c)

      a period of 6 months after the day on which the previous licence was surrendered or cancelled has not ended.

4. (4)

   A block is excluded for a particular applicant if:

   1. (a)

      the applicant was previously the holder of an exploration, retention or mining licence over the block; and

   2. (b)

      the holder was:

      1. (i)

         required by the licence conditions; or

      2. (ii)

         given a compliance direction;

   to provide the Designated Authority with information; and

   1. (c)

      the holder provided the information; and

   2. (d)

      the holder surrendered the licence; and

   3. (e)

      a period of 6 months from the day on which the holder provided the information has not ended.

52Designated Authority may determine that excluded block is available

1. (1)

   A person who wants to apply for an exploration licence over a block that is excluded may apply to the Designated Authority for a determination under subsection (2).

2. (2)

   The Designated Authority may determine that the person may apply for the licence over the block despite section 51.

3. (3)

   The determination is to be made in writing.

4. (4)

   The Designated Authority may make the determination only with the approval of the Joint Authority.

5. (5)

   Subsection (4) does not apply to a block in an external territory offshore area.

   Note: The responsible Commonwealth Minister is both the Designated Authority (see subsection 29(3)) and the Joint Authority (see subsection 32(3)) for an external territory offshore area.

53Designated Authority may allow application for more than one discrete area

1. (1)

   If:

   1. (a)

      a person (the first applicant) applies for an exploration licence; and

   2. (b)

      another person (the second applicant) subsequently applies for an exploration licence for a group of blocks that includes a block covered by the application made by the first applicant; and

   3. (c)

      an exploration licence is then granted to the first applicant; and

   4. (d)

      as a result of the grant, the blocks for which the second applicant can be granted an exploration licence no longer form a discrete area;

the second applicant may apply to the Designated Authority for approval for the application to proceed even though the blocks it covers no longer form a discrete area.

Note: See also section 59.

1. (2)

   Subject to subsections (3) and (4), the Designated Authority may approve the application proceeding even though the blocks that the application covers do not form a discrete area.

2. (3)

   The Designated Authority may give an approval under subsection (2) only if the blocks covered by the application form not more than 3 discrete areas.

1. (4)

   The Designated Authority may give an approval under subsection (1) only with the approval of the Joint Authority.

2. (5)

   Subsection (4) does not apply to a block in an external territory offshore area.

   Note: The responsible Commonwealth Minister is both the Designated Authority (see subsection 29(3)) and the Joint Authority (see subsection 32(3)) for an external territory offshore area.

54How to apply

1. (1)

   The application must:

   1. (a)

      be made in accordance with the approved form; and

   2. (b)

      be made in the approved manner; and

   3. (c)

      specify the blocks for which the application is made; and

   4. (d)

      include details of:

      1. (i)

         the activities that the applicant intends to carry out on the block or blocks covered by the application; and

      2. (ii)

         the amount of money that the applicant intends to spend on those activities; and

      3. (iii)

         the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the licence; and

      4. (iv)

         the technical advice available to the applicant; and

      5. (v)

         the financial resources available to the applicant; and

      6. (vi)

         if the licence is to be held by more than one person—the share of the licence that each prospective holder will hold; and

   5. (e)

      be accompanied by maps that:

      1. (i)

         relate to the blocks; and

      2. (ii)

         comply with guidelines issued by the Designated Authority under subsection 41(2); and

   6. (f)

      specify an address for service of notices under this Act and the regulations.

   Note 1: For paragraphs (a) and (b) see section 41.

   Note 2: Paragraph (c): the Designated Authority may, after consulting the applicant, vary the blocks applied for (see section 59).

2. (2)

   The applicant may include in the application any other information that the applicant thinks is relevant.

3. (3)

   The application must be lodged with the Designated Authority.

55Effect of inclusion of unavailable block in application

If:

1. (a)

   a person applies for a licence over a group of standard blocks; and

2. (b)

   because of section 18, 50 or 51:

   1. (i)

      an exploration licence cannot be granted over one or more of the blocks in the group; or

   2. (ii)

      the Joint Authority cannot grant the licence over one or more of the blocks in the group;

the Designated Authority and the Joint Authority may still deal with the application to the extent to which the application covers blocks:

1. (c)

   for which an exploration licence can be granted; or

2. (d)

   for which the Joint Authority does have power to grant the licence applied for.

Note 1: An exploration licence cannot be granted over a block that is not vacant or is excluded (see sections 50 and 51) or over a reserved block (see section 18).

Note 2: The Joint Authority for a State may grant a licence only over blocks in that State’s Commonwealth‑State offshore area.

56Payment of fee

1. (1)

   The applicant must pay the application fee prescribed by the regulations.

2. (2)

   The fee must be paid when the application is made.

3. (3)

   The Joint Authority may refund any fee paid under subsection (1) but only if it is satisfied that special circumstances exist that justify the refund of the fee.

57Application must be advertised

1. (1)

   The applicant must advertise the application in a newspaper circulating throughout the State or external territory concerned.

2. (2)

   The advertisement must contain:

   1. (a)

      the applicant’s name and address; and

   2. (b)

      a map and description of the blocks applied for that are sufficient for the blocks to be identified; and

   3. (c)

      the address of the Designated Authority; and

   4. (d)

      a statement:

      1. (i)

         that the applicant has applied for an exploration licence over the blocks described in the notice; and

      2. (ii)

         that invites comment from the public on the application; and

      3. (iii)

         that requests that comments be sent to the applicant and the Designated Authority within 30 days after the day on which the advertisement is published.

3. (3)

   The advertisement must be published as soon as possible after the applicant applies for an exploration licence.

4. (4)

   Subject to subsection (5), the advertisement must be published within 14 days after the day on which the applicant lodges the application.

5. (5)

   If:

   1. (a)

      the applicant applies to the Designated Authority within the 14 day period referred to in subsection (4) for an extension of the period; and

   2. (b)

      the Designated Authority extends the period;

the advertisement must be published within the period as extended by the Designated Authority.

58How multiple applications are dealt with

1. (1)

   Subject to subsection (2), if a block is covered by 2 or more applications for an exploration or mining licence, the Designated Authority must deal with the applications in the order in which they are made.

   Note: See also section 203.

2. (2)

   If:

   1. (a)

      the applications are lodged within a particular time of each other; and

   2. (b)

      the time is less than the time prescribed by the regulations;

the Designated Authority must determine the order in which the applications are to be dealt with by drawing lots in the way prescribed by the regulations.

59Discussions about blocks applied for

1. (1)

   The Designated Authority may ask the applicant to discuss with the Designated Authority the blocks covered by the application.

2. (2)

   The request under subsection (1) must be:

   1. (a)

      made in writing; and

   2. (b)

      given to the applicant.

3. (3)

   The Designated Authority for a Commonwealth‑State offshore area must ask the applicant to participate in discussions under subsection (1) if the responsible Commonwealth Minister asks the Designated Authority to do so.

4. (4)

   If, after discussions, the Designated Authority and the applicant agree on the blocks to be covered by the application, the applicant is taken to have applied for an exploration licence over the blocks agreed on.

5. (5)

   The Designated Authority must give the applicant written confirmation of the agreement as soon as possible after the agreement is reached.

6. (6)

   The Designated Authority may include in the written confirmation a direction that the applicant must advertise the revised application under section 60.

7. (7)

   If the Designated Authority and the applicant do not agree on the blocks to be covered by the application:

   1. (a)

      the Joint Authority may make a written determination specifying the blocks to be covered by the application; and

   2. (b)

      the applicant is taken to have applied for an exploration licence over the blocks specified in the determination.

8. (8)

   The Designated Authority may include in the written determination a direction that the applicant must advertise the revised application under section 60.

9. (9)

   If the Joint Authority makes a determination under subsection (7), the Designated Authority must give a copy of the determination to the applicant as soon as possible after the determination is made.

60Advertising revised application

1. (1)

   If:

   1. (a)

      the application has been revised under section 59; and

   2. (b)

      the applicant has been given a direction under subsection 59(6) or (8);

the applicant must advertise the revised application in a newspaper circulating throughout the State or external territory concerned.

1. (2)

   The advertisement must contain:

   1. (a)

      the applicant’s name and address; and

   2. (b)

      a map and description of the blocks covered by the revised application that are sufficient for the blocks to be identified; and

   3. (c)

      the address of the Designated Authority; and

   4. (d)

      a statement:

      1. (i)

         that the applicant has applied for an exploration licence over the blocks described in the notice; and

      2. (ii)

         that invites comment from the public on the application; and

      3. (iii)

         that requests that comments be sent to the applicant and the Designated Authority within 30 days after the day on which the advertisement is published.

2. (3)

   The advertisement must be published:

   1. (a)

      if the Designated Authority and the applicant agree on the blocks applied for under subsection 59(4)—as soon as possible after the applicant is given written confirmation of the agreement under subsection 59(5); or

   2. (b)

      if the Joint Authority makes a determination of the blocks applied for under subsection 59(7)—as soon as possible after the applicant is given a copy of the determination under subsection 59(9).

3. (4)

   Subject to subsection (5), the advertisement must be published within 14 days after the applicant is given the confirmation or copy.

4. (5)

   If:

   1. (a)

      the applicant applies to the Designated Authority within the 14 day period referred to in subsection (4) for an extension of the period; and

   2. (b)

      the Designated Authority extends the period;

the advertisement must be published within the period as extended by the Designated Authority.

61Request for further information

1. (1)

   The Designated Authority may ask the applicant for further information about the application.

2. (2)

   The request must:

   1. (a)

      be in writing; and

   2. (b)

      be given to the applicant; and

   3. (c)

      specify the time within which the information must be provided.

3. (3)

   Information requested under subsection (1) must be provided:

   1. (a)

      in writing; and

   2. (b)

      within the time specified in the request.

62Commonwealth‑State offshore area – Designated Authority must refer application to Joint Authority if certain requirements met

1. (1)

   This section applies if the application covers blocks in a Commonwealth‑State offshore area.

2. (2)

   If the applicant does what is required by sections 54 to 61, the Designated Authority must refer the application to the Joint Authority.

3. (3)

   If the applicant does not do what is required by sections 54 to 61, the Designated Authority:

   1. (a)

      must not refer the application to the Joint Authority; and

   2. (b)

      must give the applicant written notice that the application has been refused.

4. (4)

   The application lapses if a notice is given under subsection (3).

63Commonwealth‑State offshore area – Joint Authority may provisionally grant exploration licence

If the Designated Authority for a Commonwealth‑State offshore area refers the application to the Joint Authority under section 62, the Joint Authority may:

1. (a)

   provisionally grant an exploration licence to the applicant; or

2. (b)

   refuse the application.

Note: Under section 88, the grant of the licence cannot be effective before it is registered (see section 333 for registration). The grant will not be registered until it has been properly accepted (see section 70 for proper acceptance).

64External territory offshore area – how application for exploration licence dealt with

1. (1)

   This section applies if the application covers blocks in an external territory offshore area.

2. (2)

   If the applicant does not do what is required by sections 50 to 61, the responsible Commonwealth Minister (as the Joint Authority for that offshore area) must refuse the application.

3. (3)

   If the applicant does what is required by sections 50 to 61, the responsible Commonwealth Minister (as the Joint Authority for that offshore area) may:

   1. (a)

      provisionally grant an exploration licence to the applicant; or

   2. (b)

      refuse the application.

   Note: Under section 88, the grant of the licence cannot be effective before it is registered (see section 333 for registration). The grant will not be registered until it has been properly accepted (see section 70 for proper acceptance).

65Matters to be specified in the licence

The licence must specify:

1. (a)

   the blocks covered by the licence; and

2. (b)

   the term of the licence; and

3. (c)

   the licence conditions.

Note: For the term of a licence see section 88.

66Applicant must be notified

1. (1)

   The Designated Authority must give the applicant written notice of the Joint Authority’s decision under section 63 or 64.

2. (2)

   If the Joint Authority provisionally grants an exploration licence:

   1. (a)

      the Designated Authority must give the licence to the provisional holder; and

   2. (b)

      the notice under subsection (1) must contain the following information:

      1. (i)

         notification of any determination under section 399 that the provisional holder must lodge a security;

      2. (ii)

         notification that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period:

         1. (A)

            gives the Designated Authority a written acceptance of the grant; and

         2. (B)

            lodges any security required by the Joint Authority under section 399; and

         3. (C)

            pays the fees that must be paid for the licence under the Exploration Licence Fees Act.

67Amendment of conditions

1. (1)

   If the provisional holder is dissatisfied with a licence condition, the provisional holder may ask the Joint Authority to amend the condition.

2. (2)

   The request must:

   1. (a)

      be made within 30 days after the day on which the provisional holder is given the licence under section 66; and

   2. (b)

      be lodged with the Designated Authority.

3. (3)

   If the Joint Authority is given a request under subsection (1), the Joint Authority may amend the licence conditions.

4. (4)

   The Joint Authority must give the provisional holder written notice of the amendment.

68Amendment of security requirements

1. (1)

   If the provisional holder:

   1. (a)

      is notified of a security requirement; and

   2. (b)

      is dissatisfied with the amount of the security required;

the provisional holder may ask the Joint Authority to make a new determination under section 399.

1. (2)

   The request must:

   1. (a)

      be made within 30 days after the day on which the provisional holder is given notice under section 66; and

   2. (b)

      be lodged with the Designated Authority.

2. (3)

   If the Joint Authority is given a request under subsection (1), the Joint Authority may make a new determination under section 399.

3. (4)

   The Joint Authority must give the provisional holder written notice of the new determination.

69Extension of primary payment period

1. (1)

   If the provisional holder makes a request under section 67 or 68, the provisional holder may ask the Designated Authority to extend the primary payment period.

2. (2)

   The request must be made within 30 days after the day on which the provisional holder is given notice under section 66.

3. (3)

   If the Designated Authority agrees to the request, the Designated Authority must:

   1. (a)

      determine the period of the extension; and

   2. (b)

      give the provisional holder a written notice informing the applicant of the period of the extension.

70Acceptance of grant of exploration licence for standard block

1. (1)

   The provisional grant of the exploration licence is properly accepted by the provisional holder if, before the end of the primary payment period, the provisional holder:

   1. (a)

      gives the Designated Authority a written acceptance of the grant; and

   2. (b)

      lodges any security required by the Joint Authority under section 399; and

   3. (c)

      pays the fees that must be paid for the licence under the Exploration Licence Fees Act.

2. (2)

   The provisional grant of the exploration licence is properly accepted by the provisional holder if the provisional holder:

   1. (a)

      has been granted an extension of the primary payment period under section 69; and

   2. (b)

      before the end of the secondary payment period:

      1. (i)

         gives the Designated Authority a written acceptance of the grant; and

      2. (ii)

         lodges any security required by the Joint Authority under section 399; and

      3. (iii)

         pays the fees that must be paid for the licence under the Exploration Licence Fees Act.

   Note: Under section 88, the grant of the licence cannot be effective before it is registered (see section 333 for registration).

71Conditions applicable to licence on grant

If the provisional grant of the licence is properly accepted, it is subject to:

1. (a)

   the conditions specified in the licence given to the applicant under section 65; or

2. (b)

   if the Joint Authority amended those conditions under section 67—those conditions as amended.

72Lapse of provisional grant of exploration licence

If the provisional grant of the licence is not properly accepted under section 70, the provisional grant lapses.

Division 3Application for and grant of exploration licence over tender block73Matters to be determined before applications for exploration licence over tender blocks invited

If the Joint Authority proposes to invite applications for the grant of an exploration licence over reserved blocks, the Joint Authority must, before inviting the applications, determine:

1. (a)

   the procedure and criteria that the Joint Authority will adopt to allocate the licence; and

2. (b)

   the amount of security that will be required for the licence under section 399; and

3. (c)

   the licence conditions.

74Joint Authority may invite applications for exploration licence over tender blocks

1. (1)

   Subject to subsection (2), the Joint Authority may invite applications for the grant of an exploration licence over reserved blocks.

2. (2)

   Applications may be invited for a licence covering a group of reserved blocks only if the group forms a discrete area.

3. (3)

   The Joint Authority is to invite applications by publishing a tender block licence notice for the licence in the Gazette.

75Tender block licence notice – exploration licence

1. (1)

   A tender block licence notice for an exploration licence must:

   1. (a)

      specify the blocks to be covered by the licence; and

   2. (b)

      specify the period within which applications may be made; and

   3. (c)

      specify the procedure and criteria that the Joint Authority will adopt to allocate the licence; and

   4. (d)

      specify the amount of security that the successful applicant will be required to lodge; and

   5. (e)

      include a statement to the effect that information about:

      1. (i)

         the security that the successful applicant will be required to lodge; and

      2. (ii)

         the licence conditions;

   may be obtained from the Designated Authority.

2. (2)

   The tender block notice may specify not more than 500 blocks for the exploration licence.

76Application for exploration licence over tender blocks

If a tender block licence notice has been published inviting applications for an exploration licence, a person may apply for the licence.

77How to apply

1. (1)

   The application must:

   1. (a)

      be made in accordance with the approved form; and

   2. (b)

      be made in the approved manner; and

   3. (c)

      be made before the end of the period specified in the tender block licence notice; and

   4. (d)

      include details of:

      1. (i)

         the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the licence; and

      2. (ii)

         the technical advice available to the applicant; and

      3. (iii)

         the financial resources available to the applicant; and

      4. (iv)

         if the licence is to be held by more than one person—the share of the licence that each prospective holder will hold; and

   5. (e)

      specify an address for service of notices under this Act and the regulations.

   Note: For paragraphs (a) and (b) see section 41.

2. (2)

   If the Joint Authority has specified in the tender block licence notice that it will select the successful applicant on the basis of exploration proposals submitted for the blocks to be covered by the licence, the application must include details of the applicant’s exploration proposals for the blocks.

3. (3)

   If the Joint Authority has specified in the tender block licence notice that it will select the successful applicant on the basis of the amounts of money offered for the licence, the application must state the amount offered by the applicant for the licence.

4. (4)

   The applicant may include in the application any other information that the applicant thinks is relevant.

5. (5)

   The application must be lodged with the Designated Authority.

78Payment of fee

1. (1)

   The applicant must pay the application fee prescribed by the regulations.

2. (2)

   The fee must be paid when the application is made.

3. (3)

   The Joint Authority may refund any fee paid under subsection (1) but only if it is satisfied that special circumstances exist that justify the refund of the fee.

79Request for further information

1. (1)

   The Designated Authority may ask the applicant for further information about the application.

2. (2)

   The request must:

   1. (a)

      be in writing; and

   2. (b)

      be given to the applicant; and

   3. (c)

      specify the time within which the information must be provided.

3. (3)

   Information requested under subsection (1) must be provided:

   1. (a)

      in writing; and

   2. (b)

      within the time specified in the request.

80Commonwealth‑State offshore area – Designated Authority must refer application to Joint Authority if certain requirements met

1. (1)

   This section applies if the tender block notice relates to blocks in a Commonwealth‑State offshore area.

2. (2)

   If an applicant does what is required by sections 77 to 79, the Designated Authority must refer the application to the Joint Authority.

3. (3)

   If an applicant does not do what is required by sections 77 to 79, the Designated Authority:

   1. (a)

      must not refer the application to the Joint Authority; and

   2. (b)

      must give the applicant written notice that the application has been refused.

1. Note 5: See also the following provisions of the Crimes Act 1914:

   1. •

      section 4J (when indictable offences can be dealt with summarily);

   2. •

      section 4K (continuing offences);

   3. •

      section 15B (time for bringing prosecutions);

   4. •

      section 35 (giving false testimony).

   Note 6: The Proceeds of Crimes Act 1987 provides for pecuniary penalties and forfeiture orders.

   Note 7: See also section 149.1 of the Criminal Code, which deals with obstruction of Commonwealth public officials.

Part 4.3Review of decisions made about the offshore areas of external territories 406Definitions

In this Part:

application period means:

1. (a)

   the period of 30 days from the day on which the applicant is given notice of the decision; or

2. (b)

   if the Designated Authority extends the application period under subsection 407(3)—the extended period.

decision has the same meaning as it has in the Administrative Review Tribunal Act 2024.

Designated Authority means the responsible Commonwealth Minister acting as Designated Authority for an external territory offshore area.

reviewable decision means a decision made by the Designated Authority (including a decision made under subsection 407(3)).

reviewable delegated decision means a decision made by a delegate of the Designated Authority under section 419.

407Review of delegated decisions

1. (1)

   A person whose interests are affected by a reviewable delegated decision may apply to the Designated Authority for reconsideration of the decision.

2. (2)

   An application under subsection (1) must:

   1. (a)

      be in writing; and

   2. (b)

      be given to the Designated Authority before the end of the application period; and

   3. (c)

      set out the applicant’s reasons for seeking a review of the decision.

3. (3)

   The Designated Authority may extend the application period if the applicant asks for an extension before the end of the period.

4. (4)

   The Designated Authority must reconsider a reviewable delegated decision as soon as possible after receiving an application under subsection (1).

5. (5)

   The Designated Authority may:

   1. (a)

      confirm the reviewable delegated decision; or

   2. (b)

      revoke the decision; or

   3. (c)

      revoke the decision and make a new decision instead of the revoked decision.

6. (6)

   The Designated Authority must give the applicant a written notice that informs the applicant:

   1. (a)

      of the outcome of the reconsideration; and

   2. (b)

      that the applicant may apply to the Administrative Review Tribunal for review of the reconsideration; and

   3. (c)

      that the applicant may request a statement of reasons in relation to the reconsideration under the Administrative Review Tribunal Act 2024.

7. (7)

   If an applicant is not given notice of the result of the reconsideration within 60 days after the day on which the applicant lodged the application, the Designated Authority is taken to have confirmed the reviewable delegated decision.

8. (8)

   Failure to comply with the requirements of subsection (6) in relation to a reviewable delegated decision does not affect the validity of the decision.

9. (9)

   A person whose interests are affected by a reviewable decision may apply to the Administrative Review Tribunal for review of the decision.

Part 4.4Procedures of Joint Authorities and Designated Authorities 408Procedure of Joint Authority

A Joint Authority may conduct its business:

1. (a)

   at meetings of the Authority; or

2. (b)

   by written or other communication between the members of the Authority.

409Decision‑making

1. (1)

   This section applies to decisions to be made by a Joint Authority on matters that are within the Authority’s functions.

2. (2)

   If the responsible Commonwealth Minister and the responsible State Minister disagree about a decision, the responsible Commonwealth Minister may decide the matter and the responsible Commonwealth Minister’s decision has effect as the Authority’s decision.

3. (3)

   If:

   1. (a)

      the responsible Commonwealth Minister gives the responsible State Minister written notice of a decision that the responsible Commonwealth Minister thinks should be made on a matter; and

   2. (b)

      the responsible State Minister has not told the responsible Commonwealth Minister what decision the responsible State Minister thinks should be made within 30 days after the notice is given;

the responsible Commonwealth Minister may decide the matter and his or her decision has effect as the Authority’s decision.

410Opinion or state of mind of Joint Authority

For the purposes of this Act, the opinion or state of mind of the Joint Authority is:

1. (a)

   if the responsible Commonwealth Minister and the responsible State Minister agree on the matter concerned—the opinion or state of mind of the 2 Ministers; or

2. (b)

   if the 2 Ministers do not agree—the opinion or state of mind of the responsible Commonwealth Minister.

411Records of proceedings of Joint Authority

1. (1)

   The Designated Authority is to keep written records of the decisions of the Joint Authority.

2. (2)

   A record kept under subsection (1) is prima facie evidence that the decision was duly made as recorded if the record is signed by a person who was a member of the Joint Authority at the time when the decision was made.

412Signing of documents

1. (1)

   If a document is signed by the Designated Authority on behalf of the Joint Authority, the document is taken to have been duly executed by the Joint Authority.

2. (2)

   The document is taken to be in accordance with a decision of the Joint Authority unless the contrary is proved.

413Communications with Joint Authority

All communications to or by the Joint Authority are to be made through the Designated Authority.

414Ministerial colleague acting on behalf of responsible Commonwealth Minister

Another Commonwealth Minister may act for and on behalf of the responsible Commonwealth Minister for the purposes of this Act.

415Acting responsible Commonwealth Minister

1. (1)

   The functions and powers of the responsible Commonwealth Minister under this Act may be performed and exercised by another Commonwealth Minister acting for and on behalf of the responsible Commonwealth Minister.

2. (2)

   The functions and powers referred to in subsection (1) include functions and powers that the responsible Commonwealth Minister has as a member of a Joint Authority.

416Circumstances in which confidential material released

1. (1)

   If:

   1. (a)

      the Designated Authority holds confidential information or a confidential sample; and

   2. (b)

      the responsible Commonwealth Minister seeks access to the information or sample;

the Designated Authority must make the information or sample available to the Minister.

Note: This subsection cannot apply to the Designated Authority of an external territory offshore area because the responsible Commonwealth Minister is the Designated Authority.

1. (2)

   If:

   1. (a)

      the Designated Authority holds any document:

      1. (i)

         associated with confidential information or a confidential sample; and

      2. (ii)

         received or issued by the Designated Authority for the purposes of this Act; and

   2. (b)

      the responsible Commonwealth Minister seeks access to the document;

the Designated Authority must make the document available to the Minister.

Note: This subsection cannot apply to the Designated Authority of an external territory offshore area because the responsible Commonwealth Minister is the Designated Authority.

1. (3)

   If:

   1. (a)

      the Designated Authority holds any document:

      1. (i)

         associated with confidential information or a confidential sample; and

      2. (ii)

         that is a copy of a notice or direction issued by the Designated Authority for the purposes of this Act; and

   2. (b)

      the responsible Commonwealth Minister seeks access to the document;

the Designated Authority must make the document available to the Minister.

Note: This subsection cannot apply to the Designated Authority of an external territory offshore area because the responsible Commonwealth Minister is the Designated Authority.

1. (4)

   The Designated Authority may make confidential information or a confidential sample held by the Designated Authority available to:

   1. (a)

      a State Minister; or

   2. (b)

      a Commonwealth Minister.

   Note: For confidential information and confidential sample see sections 27 and 28.

417Execution and issue of documents on behalf of Joint Authority

1. (1)

   If this Act requires or allows a Joint Authority to execute or issue a document, the Designated Authority is to execute or issue the document.

2. (2)

   For the purposes of any proceedings, a document that purports to be executed or issued by the Designated Authority is taken to have been executed or issued in accordance with a decision of the Joint Authority unless the contrary is proved.

418Service of notices on behalf of Joint Authority

1. (1)

   If this Act requires or allows a Joint Authority to:

   1. (a)

      give a notice; or

   2. (b)

      communicate a matter;

the Designated Authority is to give the notice or communicate the matter.

1. (2)

   For the purposes of any proceedings, a notice that purports to be given by the Designated Authority is taken to have been given in accordance with a decision of the Joint Authority unless the contrary is proved.

2. (3)

   For the purposes of any proceedings, a communication that purports to be made by the Designated Authority is taken to have been made in accordance with a decision of the Joint Authority unless the contrary is proved.

419Delegation by Designated Authority

1. (1)

   A Designated Authority may by signed instrument delegate to a person all or any of the powers or functions of the Designated Authority under:

   1. (a)

      this Act; or

   2. (b)

      an associated revenue Act; or

   3. (c)

      regulations made under this Act.

   Note 1: See also section 34AB of the Acts Interpretation Act 1901.

   Note 2: For associated revenue Act see section 4.

2. (2)

   A delegation under this section may be made to the person who holds, or performs the duties of, a specified office under the Commonwealth or a State.

3. (3)

   If a Designated Authority delegates a power or function under this section, the delegation continues in force despite:

   1. (a)

      a vacancy in the office of Designated Authority; or

   2. (b)

      a change in the identity of the holder of the office of Designated Authority.

4. (4)

   Despite subsection (3), a delegation under this section may be revoked by a Designated Authority.

5. (5)

   A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette.

420Application of this Part to external territories

Sections 408, 409, 410, 411, 412, 413, 417 and 418 do not apply to the Joint Authority for an external territory.

Part 4.5Inspectors 421Appointment of inspectors

1. (1)

   The Joint Authority may appoint inspectors for the purposes of this Act and the regulations.

   Note: Inspectors have powers under sections 367, 368, 369, 370, 371, 378, 379, 380 and 381.

2. (2)

   The appointment must be in writing.

422Identity cards

1. (1)

   The Designated Authority must issue an inspector with an identity card.

2. (2)

   The card must:

   1. (a)

      contain a recent photograph of the inspector; and

   2. (b)

      be in the form approved by the Designated Authority.

423Return of identity card

1. (1)

   A person who stops being an inspector must return his or her identity card to the Designated Authority as soon as practicable.

   Penalty: One penalty unit.

2. (2)

   Subsection (1) does not apply if the person has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.

Part 4.6Finance 424Fees received on behalf of the Commonwealth

Money received by the Designated Authority as fees payable under this Act is taken to be received by the Designated Authority on behalf of the Commonwealth.

425Payments by the Commonwealth to the States – Royalty Act payments

1. (1)

   The Commonwealth must pay to each State 60% of royalties payable under the Royalty Act in respect of minerals in the Commonwealth‑State offshore area for that State.

2. (2)

   Payments under subsection (1) are to be made not later than the end of the month that follows the month in which the royalties concerned were received by the Commonwealth.

3. (3)

   In this section:

royalty includes any penalty for late payment of royalty.

426Payments by the Commonwealth to the States – other payments

1. (1)

   The Commonwealth must pay each State amounts equal to all money that is payable to the Designated Authority for the Commonwealth‑State offshore area for that State on behalf of the Commonwealth:

   1. (a)

      under this Act; or

   2. (b)

      under an associated revenue Act other than the Royalty Act.

   Note: For associated revenue Act see section 4.

2. (2)

   Payments under subsection (1) are to be made in accordance with arrangements approved by the responsible Commonwealth Minister.

427Appropriation

The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of sections 425 and 426.

Chapter 5MiscellaneousPart 5.1Application of laws 428State’s or external territory’s offshore laws apply to mineral exploration and recovery in offshore area

1. (1)

   The laws in force in a State apply to offshore exploration and mining activities in the Commonwealth‑State offshore area for that State.

2. (2)

   An external territory’s laws apply to offshore exploration and mining activities in the external territory offshore area for that territory.

3. (3)

   Subsections (1) and (2) apply subject to:

   1. (a)

      sections 429 to 434 (inclusive); and

   2. (b)

      regulations made for the purposes of subsection (5).

4. (4)

   For the purposes of subsections (1) and (2):

   1. (a)

      an external territory’s laws are the laws (other than laws of the Commonwealth) that are in force in the external territory; and

   2. (b)

      laws include unwritten laws (the common law); and

   3. (c)

      laws include instruments that have effect under laws as defined in paragraphs (a) and (b).

5. (5)

   The regulations may provide that a law:

   1. (a)

      does not apply under subsection (1) in an offshore area; or

   2. (b)

      applies under subsection (1) in an offshore area with the modifications that are specified in the regulations.

6. (6)

   For the purposes of subsection (5), modifications includes additions, omissions and substitutions.

7. (7)

   For the purposes of this section, offshore exploration and mining activities includes all acts, omissions, matters, circumstances and things that arise out of or are otherwise connected with those activities.

429Criminal laws not applied

1. (1)

   Section 428 does not apply to laws that are substantive criminal laws, or laws of criminal investigation, procedure and evidence, within the meaning of Schedule 1 to the Crimes at Sea Act 2000.

2. (2)

   Subsection (1) does not detract from the operation of the Crimes at Sea Act 2000.

430Laws inconsistent with Commonwealth laws not applied

Section 428 does not apply to a law to the extent that the law would be inconsistent with a law of the Commonwealth.

431Tax laws not applied

Section 428 does not apply to a law that imposes a tax.

432Applied laws not to confer Commonwealth judicial power

Section 428 does not apply to a State law to the extent to which it would confer judicial power of the Commonwealth on a court, tribunal, authority or officer of a State or external territory.

433Applied laws not to contravene constitutional restrictions on conferring powers on courts

Section 428 does not apply to a State law to the extent that it would confer on a State court a power that cannot, under the Constitution, be conferred by the Parliament on such a court.

434Applied laws not to appropriate Territory Consolidated Revenue Fund

Section 428 does not apply to a law of an external territory so as to appropriate the public moneys of the territory.

435Jurisdiction of State courts

1. (1)

   Subject to subsections (2) and (4), a State’s courts are invested with federal jurisdiction in all matters arising under the laws of the State applied under section 428.

2. (2)

   Jurisdiction is invested under subsection (1) within the limits (other than limits of locality) of the jurisdiction of the court.

3. (3)

   Subsection (2) applies to limits as to subject matter or other limits.

4. (4)

   The regulations may provide that subsection (1) does not apply to the jurisdiction of a particular court.

5. (5)

   For the purposes of this section, the Northern Territory is not to be treated as though it were a State.

436Jurisdiction of Territory courts

1. (1)

   Jurisdiction is conferred on the courts that have jurisdiction in a Territory in all matters arising under the laws of the Territory applied under section 428.

2. (2)

   Jurisdiction is conferred under subsection (1) within the limits (other than limits of locality) of the jurisdiction of the court.

3. (3)

   Subsection (2) applies to limits as to subject matter or other limits.

4. (4)

   For the purposes of this section, the Territories are:

   1. (a)

      the Northern Territory; and

   2. (b)

      the external territories to which this Act extends under section 36.

437Validation of certain actions

If:

1. (a)

   a person or a court does an act in the purported exercise of a power or performance of a function under State or external territory law; and

2. (b)

   the act could have been done by the person or court in the exercise of a power or performance of a function under the State or territory laws applied under section 428;

the act is taken to have been done in the exercise of the power or function under the applied law.

Part 5.2Miscellaneous 438Service of documents on licence holders etc.

1. (1)

   A document that is to be given to a licence holder may be given to the holder by posting it to the address that is the holder’s registered address for service.

   Note: See section 333 for registration of an address for service.

2. (2)

   A document that is to be given to an applicant for a licence may be given to the applicant by posting it to the address that the applicant specified in the applicant’s application for the licence.

439Vesting jurisdiction in State courts

1. (1)

   Subject to subsection (4), the several courts of a State are invested with federal jurisdiction with respect to matters arising under:

   1. (a)

      this Act; and

   2. (b)

      the associated revenue Acts; and

   3. (c)

      the regulations.

2. (2)

   Subject to subsection (4), jurisdiction is conferred on the several courts of a Territory with respect to matters arising under:

   1. (a)

      this Act; and

   2. (b)

      the associated revenue Acts; and

   3. (c)

      the regulations.

   Note: For associated revenue Act see section 4.

3. (3)

   Subsections (1) and (2) do not apply to matters that arise under the provisions that are applied under Part 5.1.

4. (4)

   Jurisdiction is invested or conferred under subsection (1) or (2) within the limits (other than limits of locality) of the jurisdiction of the court.

5. (5)

   Subsection (4) applies to limits as to subject matter or other limits.

6. (6)

   For the purposes of this section:

   1. (a)

      the Northern Territory is not to be treated as though it were a State; and

   2. (b)

      the Territories are:

      1. (i)

         the Northern Territory; and

      2. (ii)

         the external territories to which this Act extends under section 36.

439ALicences, and interests in licences etc., are not personal property for the purposes of the Personal Property Securities Act 2009

Each of the following is declared not to be personal property for the purposes of the Personal Property Securities Act 2009:

1. (a)

   a licence;

2. (b)

   an interest or right in, or in relation to, a licence.

Note: See paragraph 8(1)(k) of the Personal Property Securities Act 2009.

440Regulations

1. (1)

   The Governor‑General may make regulations prescribing all matters:

   1. (a)

      required or permitted by this Act to be prescribed; or

   2. (b)

      necessary or convenient to be prescribed for carrying out or giving effect to this Act.

2. (2)

   Without limiting subsection (1), the regulations may provide for:

   1. (a)

      the control of offshore exploration and mining activities; and

   2. (b)

      procedures for giving notice to people whose interests might be affected by the grant of a licence; and

   3. (c)

      the conservation and protection of the mineral resources of offshore areas; and

   4. (d)

      the remedying of:

      1. (i)

         damage caused to the seabed or subsoil in an offshore area by offshore exploration and mining activities; or

      2. (ii)

         damage caused by the escape of substances as a result of offshore exploration and mining activities; and

   5. (e)

      the protection of the environment; and

   6. (f)

      the keeping of records, cores or samples; and

   7. (g)

      the giving of records, cores or samples to a Designated Authority for inspection; and

   8. (h)

      the making of returns; and

   9. (i)

      the imposition and recovery of fees in respect of access to reports under section 376.

   Note: For offshore exploration or mining activities see section 4.

3. (3)

   For the purposes of subsection (2), the control of offshore exploration and mining activities extends to the control of:

1. 1. (a)

      the construction, maintenance and operation of installations used in or for use in offshore exploration and mining activities; and

   2. (b)

      the flow or discharge of fluids arising from offshore exploration and mining activities; and

   3. (c)

      the safety, health and welfare of people working in offshore exploration and mining activities; and

   4. (d)

      the maintenance of structures, equipment and property used in or for use in offshore exploration and mining activities.

   Note: For offshore exploration or mining activities see section 4.

2. (4)

   For the purposes of paragraph (2)(b), interests that might be affected by the grant of a licence include native title rights and interests that might be affected by the grant of the licence.

3. (5)

   The regulations may provide for offences against the regulations.

4. (6)

   The penalties imposed in respect of offences against the regulations are not to exceed:

   1. (a)

      a fine of 10 penalty units; or

   2. (b)

      a fine of 10 penalty units for each day on which the offence is taken to continue.

5. (7)

   In this section:

control includes restrict.

Schedule 1Savings and transitional provisionsPart 1General1Correspondence of permits etc. under 1981 Act and licences under this Act

For the purposes of this Schedule:

1. (a)

   an exploration permit under the 1981 Act and an exploration licence under this Act correspond to each other; and

2. (b)

   a production licence under the 1981 Act and a mining licence under this Act correspond to each other; and

3. (c)

   a works authority under the 1981 Act and a works licence under this Act correspond to each other; and

4. (d)

   an instrument of consent under section 74 of the 1981 Act and a special purpose consent under this Act correspond to each other.

2Correspondence of provisions

1. (1)

   If one provision of the 1981 Act and one provision of this Act have the same legal effect, the 2 provisions correspond to each other.

2. (2)

   If:

   1. (a)

      one provision of the 1981 Act has a particular legal effect in relation to a number of permit types; and

   2. (b)

      a provision of this Act has that legal effect in relation to one only of those permit types;

the 2 provisions correspond to each other for the purposes of applying this Schedule to that permit type.

1. (3)

   In this section:

legal effect includes conferring the power to issue a document.

permit type means:

1. (a)

   in relation to the 1981 Act:

   1. (i)

      an exploration permit; or

   2. (ii)

      a production licence; or

   3. (iii)

      a works authority; or

   4. (iv)

      an instrument of consent under section 74 of that Act; and

2. (b)

   in relation to this Act:

   1. (i)

      a retention licence; or

   2. (ii)

      an exploration licence; or

   3. (iii)

      a mining licence; or

   4. (iv)

      a works licence; or

   5. (v)

      a special purpose consent.

3References in documents to provisions of the 1981 Act

A reference in a document to a provision of the 1981 Act is to be construed as a reference to the corresponding provision of this Act.

Part 2Savings and transitional provisions applicable on the transition from the Minerals (Submerged Lands) Act 1981 to this Act4Instruments in force under the 1981 Act on the commencement of this Act

1. (1)

   An instrument that was in force under a provision of the 1981 Act immediately before the commencement of this Act has effect, from that commencement, as if it were an instrument made under the corresponding provision of this Act.

2. (2)

   Without limiting subsection (1), the instrument may be:

   1. (a)

      a determination; or

   2. (b)

      a direction; or

   3. (c)

      an approval; or

   4. (d)

      a notice; or

   5. (e)

      a declaration.

3. (3)

   Subsection (1) does not apply to a delegation under section 20 of the 1981 Act.

4. (4)

   If an instrument to which subsection (1) applies was, when made, to have effect only for a limited period, the instrument has effect under subsection (1) only for so much of the period as had not already expired before the commencement of this Act.

5Regulations under the 1981 Act

1. (1)

   Subject to subsection (3), any regulations made under the 1981 Act and in force immediately before the commencement of this Act continue in force as if they were made under this Act.

2. (2)

   A reference in a regulation so continued in force to a provision of the 1981 Act is taken to be a reference to the corresponding provision of this Act.

3. (3)

   This section does not apply to a regulation the making of which would not be authorised by this Act.

6Saving of application for permit etc. under the 1981 Act

1. (1)

   If:

   1. (a)

      a person applied for an exploration permit under the 1981 Act before the commencement of this Act; and

   2. (b)

      the application is not determined before that commencement;

the application has effect from that commencement as if it were an application for an exploration licence under this Act.

1. (2)

   If:

   1. (a)

      a person applied for a production licence under the 1981 Act before the commencement of this Act; and

   2. (b)

      the application is not determined before that commencement;

the application has effect from that commencement as if it were an application for a mining licence under this Act.

1. (3)

   If:

   1. (a)

      a person applied for a works authority under the 1981 Act before the commencement of this Act; and

   2. (b)

      the application is not determined before that commencement;

the application has effect from that commencement as if it were an application for a works licence under this Act.

1. (4)

   If:

   1. (a)

      a person applied for a consent under section 74 of the 1981 Act before the commencement of this Act; and

   2. (b)

      the application is not determined before that commencement;

the application has effect from that commencement as if it were an application for a special purpose consent under this Act.

7Saving of exploration permits

1. (1)

   An exploration permit that was in force under the 1981 Act immediately before the commencement of this Act has effect from that commencement as if it were an exploration licence in force under this Act.

2. (2)

   If subsection (1) applies to an exploration licence:

   1. (a)

      the licence remains in force for a period of 2 years commencing on the day on which the licence is granted; and

   2. (b)

      section 104 of this Act does not apply to the licence.

3. (3)

   If:

   1. (a)

      subsection (1) applies to an exploration licence; and

   2. (b)

      the licence holder applies to renew the licence;

the holder must surrender on each surrender day of the licence:

1. (c)

   25% of the number of blocks in the licence area; or

2. (d)

   if 25% of that number is a whole number and a fraction—the next higher whole number.

8Saving of instruments under the 1981 Act

If an instrument:

1. (a)

   is an instrument of a kind referred to in column 2 of the following Table; and

2. (b)

   was in force immediately before the commencement of this Act;

then the instrument continues in force immediately after that commencement as if, at the time it had been made, it had been made in the same terms as an instrument of the kind referred to in the corresponding item in column 3 of the Table:

TABLE
Column 1	Column 2	Column 3
Item	Instrument made under the Minerals (Submerged Lands) Act 1981	Instrument made under this Act
1.	Declaration under section 22 of a reserved block.	Declaration under section 18 of a reserved block.
2.	Direction under section 65.	Direction under section 387.
3.	Prohibition under section 76.	Declaration under section 403.
4.	Direction under section 78.	Directions under sections 368, 370, 371 and 387.
5.	Appointment of person under subsection 80(1) to be an inspector.	Appointment of person under section 421 to be an inspector.
6.	Certificate under subsection 80(2).	Identity card under section 422.
7.	Request under section 82.	Request under section 367.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Offshore Minerals Act 1994	28, 1994	25 Feb 1994	25 Feb 1994 (s 2)
Primary Industries and Energy Legislation Amendment Act 1994	94, 1994	29 June 1994	Sch: 25 Feb 1994 (s 2(7))	—
Primary Industries and Energy Legislation Amendment Act (No. 1) 1996	18, 1996	28 June 1996	Sch 1: 25 Feb 1994 (s 2(2))	—
Crimes at Sea Act 2000	13, 2000	31 Mar 2000	Sch 2 (items 5, 6, 11): 31 Mar 2001 (s 2(3))	Sch 2 (item 11)
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	Sch 2 (items 302–307, 418, 419): 24 May 2001 (s 2(3))	Sch 2 (items 418, 419)
Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001	140, 2001	1 Oct 2001	s 4 and Sch 1 (items 77–85): 2 Oct 2001 (s 2)	s 4
Offshore Petroleum (Repeals and Consequential Amendments) Act 2006	17, 2006	29 Mar 2006	Sch 2 (items 55–71): 1 July 2008 (s 2(1) item 2)	—
Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008	117, 2008	21 Nov 2008	Sch 3 (items 24–31): 22 Nov 2008 (s 2(1) item 4)	—
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010	4, 2010	19 Feb 2010	Sch 11 (item 13): 20 Feb 2010 (s 2(1) item 13)	—
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Sch 2 (item 878) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 7, 12)	Sch 3 (items 10, 11)
Offshore Resources Legislation Amendment (Personal Property Securities) Act 2011	113, 2011	14 Oct 2011	Sch 1 (item 1): 30 Jan 2012 (s 2(1) item 2)	—
Statute Law Revision Act (No. 1) 2016	4, 2016	11 Feb 2016	Sch 4 (item 409): 10 Mar 2016 (s 2(1) item 6)	—
Statute Update Act 2016	61, 2016	23 Sept 2016	Sch 2 (items 59–73) and Sch 3 (items 33–35): 21 Oct 2016 (s 2(1) item 1)	—
National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018	67, 2018	29 June 2018	Sch 2 (item 25): 29 Dec 2018 (s 2(1) item 3)	—
Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019	57, 2019	7 Aug 2019	Sch 1 (items 89–93): 30 Aug 2019 (s 2(1) item 2) Sch 2 (item 3): awaiting commencement (s 2(1) item 3)	—
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024	39, 2024	31 May 2024	Sch 11 (items 24–28): 14 Oct 2024 (s 2(1) item 2)	—

Endnote 4Amendment history

Provision affected	How affected
Reader’s Guide...........................	am. No. 17, 2006; No. 117, 2008
Chapter 1
Part 1.1
s. 3............................................	am. No. 17, 2006; No. 117, 2008
Part 1.2
Division 1
s 10............................................	am No 57, 2019
s. 11...........................................	am. No. 140, 2001
rep No 61, 2016
s. 11A........................................	ad. No. 140, 2001
Division 2
s. 13...........................................	am. No. 17, 2006; No. 117, 2008; No 57, 2019
s. 14...........................................	am. No. 17, 2006; No. 117, 2008
s. 15...........................................	am. No. 18, 1996
s. 16...........................................	am. No. 17, 2006; No. 117, 2008
Part 1.4
s. 35...........................................	am. No. 17, 2006; No. 117, 2008
s 35A.........................................	ad No 57, 2019
rep No 57, 2019
Chapter 2
Part 2.1
s 38............................................	am No 61, 2016
s. 44...........................................	am. No. 140, 2001; No 61, 2016
Part 2.2
Division 7
s 123..........................................	am No 61, 2016
s 124..........................................	am No 61, 2016
s 125..........................................	am No 61, 2016
Part 2.3
Division 6
s 183..........................................	am No 61, 2016
s 184..........................................	am No 61, 2016
s 185..........................................	am No 61, 2016
Division 7
s 187..........................................	ed C14
Part 2.4
Division 7
s 259..........................................	am No 61, 2016
s 261..........................................	am No 61, 2016
s 262..........................................	am No 61, 2016
Part 2.5
Division 5
s 308..........................................	am No 61, 2016
s 309..........................................	am No 61, 2016
s 310..........................................	am No 61, 2016
Chapter 3
Part 3.1
Division 1
s. 328.........................................	am. No. 137, 2000
Division 3
s 357..........................................	am No 61, 2016
s 359..........................................	am No 61, 2016
Part 3.2
Division 2
s. 364.........................................	am. No. 140, 2001; No 61, 2016
Chapter 4
Part 4.1
s. 372.........................................	am. No. 140, 2001; No 61, 2016
s 374..........................................	am No 61, 2016
Part 4.2
Division 1
s. 378.........................................	am. No. 4, 2010
s 384..........................................	am No 61, 2016
Division 2
s 385..........................................	am No 61, 2016
s 390..........................................	am. No. 46, 2011
s 391..........................................	am No 61, 2016
Division 5
s. 404.........................................	am. No. 140, 2001; No 4, 2016; No 61, 2016
Division 6
s 405..........................................	am No 137, 2000; No 61, 2016; No 67, 2018
Part 4.3
s 406..........................................	am No 39, 2024
s 407..........................................	am No 39, 2024
Part 4.4
s 411..........................................	am No 61, 2016
Part 4.5
s. 423.........................................	rs. No. 140, 2001
am No 61, 2016
Chapter 5
Part 5.1
s. 429.........................................	am. No. 13, 2000
Part 5.2
s. 439A......................................	ad. No. 113, 2011
Schedule 1
Schedule 1..................................	am. No. 94, 1994
ed C14
Schedule 2..................................	rep. No. 17, 2006