Offshore Petroleum and Greenhouse Gas Storage Regulations 1985 (Cth)
made under the
This compilation was prepared on 1 July 2009
taking into account amendments up to SLI 2009 No. 153
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
These Regulations are the
Offshore Petroleum and Greenhouse Gas Storage Regulations 1985 .
In these Regulations,
the Act means theOffshore Petroleum and Greenhouse Gas Storage Act 2006 .
(1) If petroleum is discovered in a permit area or a lease area, the Designated Authority by written notice may require the permittee or lessee to give to the Designated Authority particulars in writing of 1 or more of the following:
(a) the chemical composition and physical properties of the petroleum;
(b) the nature of the subsoil in which the petroleum occurs;
(c) any other matter relating to the discovery that:
(i) the Designated Authority has reason to believe is within the knowledge of the permittee or lessee; and
(ii) is specified by the Designated Authority in the notice.
(2) A permittee or lessee must not:
(a) fail to comply with a requirement made and notified in accordance with this regulation; or
(b) in purported compliance with a requirement, give information that is false or misleading in a material particular.
Penalty: 100 penalty units.
(2A) An offence against paragraph (2) (a) is an offence of strict liability.
Note Forstrict liability , see section 6.1 of theCriminal Code.
(3) A permittee or lessee is not excused from complying with a requirement in a notice under subregulation (1) to give particulars of a matter on the ground that any information so given might tend to incriminate the permittee or lessee or expose the permittee or lessee to a penalty.
(4) However, any information given in compliance with a requirement in a notice, and any information or thing (including any document) obtained by the Designated Authority as a direct or indirect consequence of giving such information, is not admissible in evidence against the permittee or lessee in any civil or criminal proceedings other than proceedings for an offence against subregulation (2).
(5) A notice under subregulation (1):
(a) must specify:
(i) for particulars of a matter mentioned in paragraph (1) (a) or (b) — a reasonable period within which the particulars must be given; and
(ii) for particulars of a matter mentioned in paragraph (1) (c) — a period of at least 14 days within which the particulars must be given; and
(b) must be served on the permittee or lessee.
(1) If petroleum is discovered in a permit area or a lease area, the Designated Authority by written notice may require the permittee or lessee to do such things as are reasonably necessary and are set out in the notice to determine:
(a) the chemical composition and physical properties of the petroleum; and
(b) the quantity of petroleum in the petroleum pool to which the discovery relates or, if only part of the petroleum pool is within the permit area or lease area, in the part of the petroleum pool that is within the permit area or lease area.
(2) A permittee or lessee must not fail to comply with a requirement made and notified in accordance with this regulation.
Penalty: 100 penalty units.
(2A) An offence against subregulation (2) is an offence of strict liability.
Note Forstrict liability , see section 6.1 of theCriminal Code.
(3) A notice under subregulation (1) must:
(a) specify a reasonable period within which the things must be done; and
(b) be served on the permittee or lessee.
(1) The Designated Authority by written notice may require a person who is a permittee, lessee, licensee, infrastructure licensee or pipeline licensee to:
(a) survey the position of the well, pipeline, infrastructure facility, structure or equipment specified in the notice; and
(b) give a written report of the survey to the Designated Authority.
(2) If the Designated Authority is not satisfied with a report given by a person under subregulation (1), the Designated Authority by written notice may require the person to give further information, in writing, about the survey to the Designated Authority.
(3) A person must not:
(a) fail to comply with a requirement made and notified in accordance with this regulation; or
(b) in purported compliance with a requirement, give information that is false or misleading in a material particular.
Penalty: 100 penalty units.
(3A) An offence against paragraph (3) (a) is an offence of strict liability.
Note Forstrict liability , see section 6.1 of theCriminal Code.
(4) A notice under subregulation (1) or (2) must:
(a) specify a reasonable period within which:
(i) for a notice under subregulation (1) — the survey must be done and the report given; or
(ii) for a notice under subregulation (2) — the information must be given; and
(b) be served on the person.
(1) For subsection 256 (2) of the Act, the prescribed fee for an application is the fee specified in Part 1 of Schedule 2 for that application.
(2) For subsection 427 (2) of the Act, the prescribed fee for an application is the fee specified in Part 2 of Schedule 2 for that application.
For paragraphs 474 (a) and 526 (a) of the Act, an instrument of transfer shall be in the form specified in Schedule 1.
(1) For paragraph 483 (2) (b) of the Act, the fee is $92.
(2) For paragraph 485 (2) (b) of the Act, the fee is $92.
(3) For paragraph 534 (2) (b) of the Act, the fee is $92.
(4) For paragraph 536 (2) (b) of the Act, the fee is $92.
(1) For subsections 489 (2) and 540 (2) of the Act, the following particulars are prescribed:
(a) description and date of execution of the instrument evidencing the dealing referred to in subsection 489 (1) or 540 (1) of the Act;
(b) details of the title (including the type and number of the title) to which the dealing relates;
(c) full name and business address of each party to the dealing;
(d) details of the effect or effects, upon registration, of the dealing specified in terms of the relevant item in section 486 or 537 of the Act;
(e) details of the interest or interests in the title of all parties to the dealing:
(i) before the registration of the dealing; and
(ii) in the event of approval of the dealing, after the registration of the dealing;
(f) in the case of a dealing to which item 1 or 3 of subsection 6 (2) or 6B (2) of the Registration Fees Act applies — the value of the consideration;
(g) in the case of a dealing relating to an interest in a licence or pipeline licence to which item 2 or 4 of subsection 6 (2) or 6B (2) of the Registration Fees Act applies — the value of the interest;
(h) whether or not the parties to the dealing have made or propose to make an application for the purposes of item 6 of subsection 6 (2) or 6B (2) of the Registration Fees Act;
(j) in respect of any related dealing in relation to which an entry has been made in the Register or an application in writing for approval by the Joint Authority has been lodged (whether before or after the commencement of the
Petroleum (Submerged Lands) Legislation Amendment Act 1987 ):
(i) description and date of execution of the instrument evidencing the dealing;
(ii) date of approval by the Joint Authority or Designated Authority (if appropriate);
(iii) registration number (if any).
(2) In subregulation (1),
related dealing means any dealing executed, before the execution of the instrument evidencing the dealing referred to in paragraph (1) (a), by some or all of the parties to that instrument:
(a) that affects the title which is the subject of the dealing to which the instrument referred to in paragraph (1) (a) relates; and
(b) that:
(i) creates or assigns an option to enter into the dealing referred to in paragraph (1) (a);
(ii) creates or assigns a right to enter into the dealing referred to in paragraph (1) (a); or
(iii) is altered or terminated by the dealing referred to in paragraph (1) (a);
and includes any transaction in respect of which an instrument was registered under section 81 of the
Petroleum (Submerged Lands) Act 1967 before 22 July 1985.
(1) For subsections 515 (1) and (2) of the Act, the fee is $19.
(2) For subsections 564 (1) and (2) of the Act, the fee is $19.
(1) For subsections 516 (2) and 565 (2) of the Act, the fee is $3.50 per page.
(2) For subsections 516 (4) and 565 (4) of the Act, the fee is $45.
For subsections 717 (2) and 741 (2) of the Act, the fee payable is an amount equal to the sum of the following amounts:
(a) where the information requested is contained in a document and that document is lent to the person who made the request — an amount calculated at the rate of $38 per day or part of a day during which the document containing the information is on loan to that person;
(b) where the information requested is contained in a document and that document is not readily available and a search is necessary to locate the information — an amount calculated at the rate of $38 per hour or part of an hour after the first half hour for the time taken to locate the information;
(c) where any information referred to in (a) or (b) is, on the application of the person making the request:
(i) copied or reproduced; or
(ii) forwarded or consigned to that person;
an amount equal to all costs incurred in the copying or reproduction or forwarding or consignment including the costs of packaging where applicable.
Note The fees in this regulation relate to the regulations set out in Part 6 of thePetroleum (Submerged Lands) (Data Management) Regulations 2004 .
(regulation 4)
I/We
being the
registered holder/holders
in consideration
of
hereby transfer
all right, title and interest in that
to
IN WITNESS of this transfer the parties to the transfer have affixed their respective common seals or signatures below on this day of 20 .
(1)
(2)
Here insert the name of the transferor, or where there are two or more transferors, the name of each transferor .(3)
Here insert the type (e .g .exploration permit, production licence), and number, of the property transferred that is a title within the meaning of section 467 or 519of the Act .(4)
Here insert the value of the consideration for the transfer or the value of the title transferred .Where the transfer of the title is pursuant to a dealing which has been approved and registered under the Act, insert a reference that is sufficient to identify that dealing .(5)
Here insert the name and address of the transferee, or where there are two or more transferees, the name and address of each transferee .(6)
Here affix the common seal or signature of the transferor or of each transferor, as the case may be .(7)
Here affix the common seal or signature of the transferee or of each transferee, as the case may be .
(regulation 2D)
1 | Work-bid petroleum exploration permit | 4 590 |
2 | Special petroleum exploration permit | 4 590 |
3 | Cash-bid petroleum exploration permit | 1 835 |
4 | Renewal of petroleum exploration permit (all types) | 1 835 |
5 | Petroleum retention lease (all types) | 1 835 |
6 | Renewal of petroleum retention lease (all types) | 1 835 |
7 | Petroleum production licence over a surrendered block | 4 590 |
8 | Petroleum production licence over an individual block | 920 |
9 | Petroleum production licence (other than a licence in items 7 and 8) | 1 835 |
10 | Renewal of petroleum production licence (all types) | 1 835 |
11 | Infrastructure licence | 1 835 |
12 | Pipeline licence | 4 590 |
13 | Variation of pipeline licence | 920 |
14 | Petroleum special prospecting authority | 920 |
15 | Work-bid greenhouse gas assessment permit | 0 |
16 | Cash-bid greenhouse gas assessment permit | 0 |
17 | Renewal of greenhouse gas assessment permit | 0 |
18 | Greenhouse gas holding lease (all types) | 1 835 |
19 | Renewal of greenhouse gas holding lease | 1 835 |
20 | Greenhouse gas injection licence | 1 835 |
21 | Greenhouse gas search authority | 0 |
22 | Greenhouse gas site closing certificate | 4 590 |
The
1985 No. 174 | 19 July 1985 | 22 July 1985 ( | |
1987 No. 293 | 17 Dec 1987 | 1 Jan 1988 ( | — |
1990 No. 54 | 27 Feb 1990 | 1 Mar 1990 ( | — |
2000 No. 248 | 5 Sept 2000 | 7 Sept 2000 ( | — |
2001 No. 346 | 21 Dec 2001 | 21 Dec 2001 | — |
2003 No. 23 | 27 Feb 2003 | 1 Mar 2003 | — |
2004 No. 326 | 25 Nov 2004 | 1 Jan 2005 | — |
2009 No. 153 | 25 June 2009 ( | 1 July 2009 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 1......................................... | rs. 2000 No. 248; 2009 No. 153 |
R. 2......................................... | am. 2009 No. 153 |
R. 2A....................................... | ad. 2000 No. 248 |
am. 2001 No. 346 | |
R. 2B....................................... | ad. 2000 No. 248 |
am. 2001 No. 346 | |
R. 2C...................................... | ad. 2000 No. 248 |
am. 2001 No. 346 | |
R. 2D...................................... | ad. 2009 No. 153 |
R. 3......................................... | am. 2000 No. 248; 2009 No. 153 |
R. 3A....................................... | ad. 2009 No. 153 |
Heading to r. 4...................... | rs. 2009 No. 153 |
R. 4......................................... | ad. 1987 No. 293 |
am. 2009 No. 153 | |
R. 5......................................... | ad. 1990 No. 54 |
rep. 2009 No. 153 | |
R. 6......................................... | ad. 1990 No. 54 |
am. 2003 No. 23; 2004 No. 326 | |
rs. 2009 No. 153 | |
R. 7......................................... | ad. 1990 No. 54 |
am. 2003 No. 23; 2004 No. 326 | |
rs. 2009 No. 153 | |
R. 8......................................... | ad. 1990 No. 54 |
rep. 2003 No. 23 | |
Heading to r. 9...................... | rs. 2009 No. 153 |
R. 9......................................... | ad. 1990 No. 54 |
am. 2003 No. 23; 2004 No. 326; 2009 No. 153 | |
Note to r. 9............................. | ad. 2004 No. 326 |
rs. 2009 No. 153 | |
R. 10....................................... | ad. 2003 No. 23 |
rep. 2004 No. 326 | |
Heading to Schedule............ | rep. 1990 No. 54 |
Heading to Schedule 1........ | ad. 1990 No. 54 |
Schedule 1............................. | am. 2009 No. 153 |
Heading to Schedule 2........ | rs. 2000 No. 248; 2009 No. 153 |
Schedule 2............................. | ad. 1990 No. 54 |
am. 2000 No. 248; | |
rs. 2003 No. 23 | |
am. 2004 No. 326 | |
rs. 2009 No. 153 | |
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