Petroleum Act 1998 (Vic)

Version No. 028

Petroleum Act 1998

No. 96 of 1998

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary matters

1Purpose

2Commencement

3Objectives

4General definitions

5Reference provisions

6Meaning of petroleum

7Meaning of petroleum exploration

8Meaning of petroleum production

9Act binds the Crown

10Relationship of this Act to certain other Acts

Part 2—General matters

11Application of this Act

12Minister may exempt land from the application of this Act

13Petroleum is the property of the Crown

14Crown retains Crown land petroleum rights

15Offence to explore for petroleum unless authorised

16Offence to produce petroleum unless authorised

16AOffence to carry out hydraulic fracturing

17Petroleum becomes the property of the person extracting it

17AMoratorium on petroleum exploration and petroleum production

Part 3—Exploration permits

Division 1—Rights conferred by permit

18Rights conferred by permit

Division 2—Process for granting permits

19Minister may invite tender applications for exploration permits

19APublic consultation before tender invitation—exploration permits

20Application for permits

20AGrant of exploration permit

20BChief factors to be considered when there is only one application

21Chief factors to be considered in deciding between competing offers

22Notice to be given to applicants

23Minister may make new grant if former grant refused

24Procedure if initial invitation does not result in the granting of a permit

25Permit area for exploration permits

26Term of permit

27Key objects of work programs

Division 3—Renewals

28Renewal of permit

29Application for renewal

30Other factors to be considered in renewing permits

31Permit not to be renewed if key objects not achieved

32Renewed permit area to be reduced

33Key objects of work programs

34Variation of work programs for renewed permits

Division 4—Ministerial directions if petroleum discovered

35Minister may give directions if petroleum discovered

Part 4—Retention leases

36Purpose of a retention lease

37Rights conferred by lease

38Right to apply for lease

39Details to be supplied with application

39ANotice of application for retention lease

39BSubmissions—retention leases

40Factors determining grant of application

41Restrictions on area to which lease applies

42Term of lease

43Procedure if lease not to be granted

44Minister may require review of commercial viability

45Minister may give directions if extraction viable

Part 5—Production licences

Division 1—Rights conferred by licence

46Rights conferred by licence

Division 2—Issue of licences to holders of permits or leases

47Right to apply for licence

48Details to be supplied with application

48ANotice of application for production licence

48BSubmissions—production licences

49Factors determining grant of application

Division 3—Grant of licences by tender

50Minister may invite tender applications

50APublic consultation before tender invitation—production licences

51Applications

52Procedure for deciding between competing bids

52AChief factors to be considered when there is only one application—production licences

53Notice to be given to applicants

54Refund of deposits

55Minister may make new grant if former grant refused

56Extension of time in which to make licence payment

57Minister must not issue licence unless cash bid paid

Division 4—General provisions

58Restrictions on area to which licence applies

59Term of licence

Division 5—Directions concerning the rate of extraction or recovery of petroleum

60Direction if petroleum not being extracted/recovered to the Minister's satisfaction

61Form of direction

62Licence holder must comply with directions

Division 6—Petroleum production development plan

63Petroleum production development plan

64Development plan to be lodged before production can start

65Development plan must be adhered to

66Minister may require variation of development plan

67Minister may permit variation of development plan

Division 7—Underground storage of petroleum

68Storage development plan

69Storage development plan to be lodged before operations can start

70Storage development plan must be adhered to

71Minister may require variation of storage development plan

72Minister may permit variation of development plan

Division 8—Underground storage of petroleum by third party

73Application of this Division

74Application to excise reservoir from a licence area

75Minister must seek comments from licence holder

76Restrictions on ability of Minister to grant application

77Minister may refer application to advisory panel

78Procedure if application granted

Division 9—Unit development

79Unit development

80Consultation concerning unit development must take place if part of pool interstate

81Minister may amend licence for unit development

Division 10—Gathering lines

82Meaning of gathering line

83Minister may exempt gathering line from Pipelines Act

Part 6—Special access authorisations

84Special access authorisation

85Application for authorisation

86General criteria the Minister must consider

87Criteria that apply to permit, lease and licence areas

88Exception to section 87

89Minister may vary area to which authorisation applies

90Authorisation does not give exclusive rights

91Term of authorisation

92Extension of term of authorisation

93Permit, lease or licence holder not liable for actions of authorisation holder

94Authorisation holder must give data to the Minister

95Authorisation holder must give data to permit, lease or licence holder

Part 6A—Special drilling authorisations

95ASpecial drilling authorisation

95BApplication for special drilling authorisation

95CGeneral criteria the Minister must consider

95DCriteria that apply to permit, lease and licence areas

95EException to section 95D

95FMinister may vary area to which authorisation applies

95GAuthorisation does not give exclusive rights

95HTerm of authorisation

95IExisting permit, lease or licence holder not liable for actions of authorisation holder

95JAuthorisation holder must give data to the Minister

95KAuthorisation holder must give data to permit, lease or licence holder

Part 7—Provisions applying to authorities generally

Division 1—Applications

96Application for authorities

97Work programs

98Applications are not transferable

99Existing permits and leases continue until renewal applications etc. decided

Division 2—Conditions

100Conditions that may apply to authorities

101Statutory condition of authority

101BFurther statutory condition of authority—agreements under Traditional Owner Settlement Act 2010

102Minister may vary conditions unilaterally

103Minister may vary conditions by consent

104Variation of conditions on renewal, consolidation or transfer

105Suspension of conditions

106Term of authority may be extended if condition suspended

Division 3—Transfers of authorities

107Transfers

107ATransfers in relation to special drilling authorisations

108Matters Minister must consider in assessing transfer application

109Execution of transfer document insufficient to create interest

110Partial transfers of permits and licences

Division 4—Surrender or cancellation of authorities

111Surrender of authority

112Partial surrender of authority

113Cancellation of authority

113ASpecial drilling authorisation surrendered, suspended or cancelled if primary authorisation surrendered, suspended or cancelled

113BSpecial drilling authorisation expires or is terminated if primary authorisation expires or is terminated

114Additional grounds for the cancellation or partial cancellation of production licence

115Procedure to be followed before authority cancelled

116Minister may give directions if authority expires or is surrendered or cancelled

Division 5—Planning matters

117Definition of planning scheme

118Exploration under authority overrides planning schemes

119Production operations also override planning schemes

120Alternative approvals

121Amendments to planning schemes to facilitate exploration and production

Division 6—Miscellaneous matters

122Minister must publish certain details in case of reportable event

123Variation of an authority

124Consolidation of adjoining authorities

125Excision of area does not affect authority

126Expedited procedure for replacement of invalidated title

127Occupiers liability

127AAuthorities not personal property

Part 8—Compensation

128Consent of, or compensation agreement with, owner etc. needed before operation on private land starts

129What compensation is payable for—private/native title land

130Limit on total amount of compensation

131Compensation not payable for petroleum

132What compensation is payable for—Crown land

133Time limit on compensation claims

134Determination of disputes—private/native title land

135Determination of disputes—Crown land

136Native Title Act rights prevail

Part 9—Consent/notice required before operations allowed on land

Division 1—Wilderness Crown land

137Petroleum operations on wilderness land barred

Division 2—Operations requiring prior consent

138Consent of Minister needed to carry out petroleum operations on any land

139Petroleum operations on restricted Crown land

140Petroleum operations on water authority land

141Petroleum operations on highways, roads etc.

142Provisions applying to consents

143Right to seek review of refusal to give consent

Division 3—Operations requiring notice

144Operations on unrestricted Crown land

145Notice to be given before operation carried out on any land

Division 4—Other matters

146Areas of aboriginal significance

Division 5—Statement of pre-operation requirements

147Requirements to be complied with before petroleum operation carried out

Part 10—Royalties and rent

148Application of this Part

149Liability for, and rate of, royalty

150Rate of royalty

151Meaning of well-head

152How value to be determined

153How quantity to be determined

154When royalty must be paid

155Circumstances in which royalty is not payable

156Minister may vary royalty

157Minister may increase royalty rate to 10%

158Royalty payable if excess petroleum recovered from reservoir

159Penalty for late payment

160Rent payable in relation to Crown land

Part 11—Other obligations on the holders of authorities

Division 1—Conduct of operations etc.

161Operation plan to be prepared

162Plan must be observed in carrying out operation

163Minister may permit variation of operation plan

163AMinister may require variation of accepted operation plan

164Operation to be conducted in proper manner

165Other specific obligations concerning conduct of operations

166Maintenance etc. of property

167Authority holder must not interfere with other rights

168Equipment must be removed once authority ceases

169Minister may remove equipment

170Rehabilitation

171Insurance must be held

Division 2—Rehabilitation bond

172Definition of rehabilitation bond

173Requirement to take out rehabilitation bond

174Minister may require increased rehabilitation bond

175Minister may carry out rehabilitation

176Return of bond if rehabilitation satisfactory

Division 3—Information to be given to the Minister

177Minister must be told if petroleum discovered

178Minister may require certain information if petroleum discovered

179Authority holder must provide information to Minister

180Minister may require position of wells etc. to be surveyed

181Minister may require person to provide information on petroleum operation

182False information not to be given

Part 12—Release of information obtained or given under this Act

183Meaning of release and information

184Meaning of interpretive information

185Meaning of information collection date

186Information that is not to be released

187Information about applications that may be released

188Release of information about area that is no longer an authority area

189Release of factual information concerning licence areas

190Release of factual information concerning other authority areas

191Restriction on release of information collected so that it could be sold

192Earlier release of information if consent given

193Release of interpretive information relating to current authorities

194Procedure to be followed before interpretive information is released

195Right to seek review of disputed release decision

196Minister may give information etc. to other Ministers

197Restriction on obtaining information to meet work program obligation

Part 13—Enforcement

Division 1—Inspections

198Authorisation of inspectors

199Monitoring compliance with this Act

200Emergencies

201Offence-related searches and seizures

202Occupier to be given copy of consent

203Search warrant

204Announcement before entry

205Copy of warrant to be given to occupier

206Receipt must be given for any thing seized

207Copies of certain seized things to be given

208Use of equipment to examine or process things

209Use or seizure of electronic equipment at premises

210Compensation for damage

211Return of seized things

212Magistrates' Court may extend period

213Power of inspector to require information or documents

214Protection against self-incrimination

215Offence to obstruct inspector

Division 2—Improvement and prohibition notices

216Improvement notice

217Prohibition notice

218Minister may obtain enforcement order

219Form of notices

220Right to review

221Defences to charge of failing to comply with a notice

222Minister may remedy failure to comply with improvement notice

Division 3—Offences concerning corporations etc.

223Increased maximum fine for corporations

224Corporation deemed to have the knowledge of its officers

225Certain offences by corporations may also be offences by officers

226Offences by partners

227Offences by joint venturers

228Offences by employees and agents

229Default penalties

Part 14—Administrative matters

Division 1—Petroleum register

230Establishment of register

231Need for registration

232Other documents to be registered

233Entries in register on devolution of title

234Registration

235Effect of registration

236Inspection of register and documents

237Minister's certificates

238Minister may make corrections to register

239Right to review of register entries

240Offences relating to the register

Division 2—Other administrative matters

241Minister may require further information

242Form of documents

243Pecuniary interest statement

244Department surveys

245Delegation

246Applications not to be processed unless fee paid

Part 15—Miscellaneous matters

247Officials must not disclose information

248Fees and penalties debts due to the State

249Minister may vary geodetic system

250Codes of practice

251Use of codes of practice in proceedings

251AState liability

251BMinister may pay for surrender of authority

Part 16—Regulations

252Regulations

Part 17—Consequential, savings and transitional provisions

Division 1—Transitional provisions—Repeal of Petroleum Act 1958

253Repeal of former Act

254Effect of repeal on existing permits

255Effect of repeal on existing leases

256Release of information provided under the Petroleum Act 1958

Division 2—Transitional provisions—Petroleum Legislation Amendment Act 2020

257Definitions

258Suspension of conditions

259Term of authority may be extended if condition suspended

260New work programs

261Exploration permits

262Retention leases

263Work programs—hydraulic fracturing

264Requirement for new or varied operation plans

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 028

Petroleum Act 1998

No. 96 of 1998

Version incorporating amendments as at

22 October 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY MATTERS

1Purpose

The purpose of this Act is to regulate petroleum exploration and production in Victoria.

2Commencement

(1)This Part comes into operation on the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 1 December 1999, it comes into operation on that day.

3Objectives

(1)The objectives of this Act are to encourage the exploration for petroleum in Victoria and to promote petroleum production for the benefit of all Victorians by providing—

(a)an orderly, fair and competitive system for granting authorities enabling petroleum exploration and production; and

(b)clear and effective administrative frameworks for organising petroleum development activities; and

(c)fiscal regimes that offer petroleum explorers a fair return while benefiting all Victorians; and

(d)easy and effective access to information on Victoria's petroleum geology.

(2)In encouraging petroleum exploration and production, this Act seeks to have regard to economic, social and environmental interests by ensuring—

(a)the efficient exploration for, and production of, petroleum; and

(b)that the impacts on individuals, public safety, public amenity and the environment as a result of petroleum activities will be minimised as far as is practicable; and

(c)that land affected by petroleum activities is rehabilitated; and

(d)that there will be just compensation for access to, and the use of, land; and

(e)that petroleum explorers and producers will comply with all authority conditions that apply to them; and

(f)that the views and interests of Victorians are taken into consideration during decision making.

4General definitions

In this Act—

authority means an exploration permit, a retention lease, a production licence, special access authorisation or a special drilling authorisation;

Crown land means land that is, or that is by any Act deemed to be, unalienated land of the Crown, and includes—

(a)land of the Crown that is reserved permanently or temporarily by or under any Act; and

(b)land of the Crown occupied by a person under a lease, licence or other right under this or any other Act—

but does not include—

(c)native title land that is not also wilderness Crown land; or

(d)land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act1993;

current authority holder means a holder of a primary authorisation;

Department means the Department of Energy, Environment and Climate Action;

drilling authorisation area means the area specified in a special drilling authorisation granted under Part 6A;

gathering line has the meaning set out in section 82;

*                *                *                *                *

hydraulic fracturing means the injection of a substance or substances into a bore under pressure for the purposes of stimulating a geological formation;

improvement notice means a notice issued under section 216;

inspector means a person authorised by the Minister under section 198 to act as an inspector;

Native Title Act means the Native Title Act 1993 of the Commonwealth;

native title land means land in which native title (within the meaning of the Native Title Act) may exist;

offshore area has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2010;

offshore petroleum exploration permit means a petroleum exploration permit within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2010;

offshore petroleum production licence means a petroleum production licence within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2010;

offshore petroleum retention lease means a petroleum retention lease within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2010;

owner means—

(a)in relation to land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993, the licensee of that land under that Part;

(b)in relation to native title land, the native title holder (within the meaning of the Native Title Act) of the land;

parks Crown land means any land that is a national, State or other park under the National Parks Act 1975;

petroleum has the meaning set out in section 6;

petroleum exploration has the meaning set out in section 7;

petroleum operation means any activity relating to petroleum exploration or to petroleum production;

petroleum pool means a naturally occurring discrete accumulation of petroleum;

petroleum production has the meaning set out in section 8;

petroleum register means the register established under Division 1 of Part 14;

primary authorisation means—

(a)an exploration permit; or

(b)a retention lease; or

(c)a production licence; or

(d)an offshore petroleum exploration permit; or

(e)an offshore petroleum retention lease; or

(f)an offshore petroleum production licence;

private land means land that is not Crown land or native title land;

prohibition notice means a notice issued under section 217;

*                *                *                *                *

reservoir means an underground natural reservoir that is suitable for the storage of petroleum;

restricted Crown land means any land specified in Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990;

retention period means a period of 60 days after the seizure of a thing under this Act;

Secretary means the Department Head, within the meaning of the Public Administration Act 2004, of the Department;

Tribunal means the Victorian Civil and Administrative Tribunal;

unit development agreement means an agreement made under Division 9 of Part 5;

unrestricted Crown land means any Crown land other than wilderness Crown land, parks Crown land and restricted Crown land;

vary, in relation to the conditions of an authority, includes adding conditions to, and removing conditions from, the authority;

well means a hole in the sub-soil made by drilling, boring or any other means in connection with a petroleum operation, but does not include a seismic shot hole;

well-head has the meaning set out in section 151;

wilderness Crown land means land that is a reference area under the Reference Areas Act 1978 or that is a wilderness zone or wilderness park under the National Parks Act 1975;

work program has the meaning set out in section 97.

5Reference provisions

(1)A reference in this Act to a permit area, a lease area, a licence area, an authorisation area or an authority area is a reference to the area to which the permit, lease, licence, authorisation or authority applies at the relevant time.

(2)A reference in this Act to this Act includes a reference to the regulations.

(3)Without limiting section 37(a) of the Interpretation of Legislation Act 1984, a reference in this Act to a person using a neuter pronoun is not to be taken to indicate that an individual is not included as well as any other person, unless the contrary intention appears.

(4)For the purposes of this Act, a person carries out a petroleum operation by starting, or continuing to carry on, the operation.

6Meaning of petroleum

(1)Petroleum is—

(a)any naturally occurring hydrocarbon (whether in a gaseous, liquid or solid state); or

(b)any naturally occurring mixture of hydrocarbons (whether in a gaseous, liquid or solid state); or

(c)any naturally occurring mixture of one or more hydrocarbons (whether in a gaseous, liquid or solid state), and one or more of the following: hydrogen sulphide, nitrogen, helium or carbon dioxide.

(2)For the purposes of this Act—

(a)petroleum includes any petroleum as defined by subsection (1)(a), (b) or (c), and any petroleum product specified by the regulations for the purposes of this section, that has been returned to a reservoir in Victoria; but

(b)petroleum does not include any naturally occurring hydrocarbon, or mixture of hydrocarbons, within a deposit of coal or oil shale.

7Meaning of petroleum exploration

Petroleum exploration is the carrying out of one or more of the following activities for the purpose of finding petroleum or reservoirs—

(a)conducting geological, geophysical and geochemical surveys;

(b)making wells;

(c)taking samples for the purposes of chemical or other analysis;

(d)extracting petroleum from land for the purpose of determining whether it will be viable to extract it commercially.

8Meaning of petroleum production

Petroleum production is—

(a)the extraction of petroleum from land for the purpose of producing it commercially;

(b)the injection and storage of petroleum in reservoirs for the purpose of later recovering it;

(c)the recovering of petroleum from reservoirs into which the petroleum was previously injected;

(d)any activity incidental to any activity listed in paragraph (a), (b) or (c), including the processing of petroleum and transportation of petroleum within the area in which the petroleum is being produced.

9Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

10Relationship of this Act to certain other Acts

If this Act makes provision in relation to a matter and provision is also made in relation to that matter by, or under, the Occupational Health and Safety Act 2004 or the Dangerous Goods Act 1985, the provision made by this Act—

(a)if not inconsistent with that other provision, must be observed in addition to that other provision; and

(b)if inconsistent with that other provision, is, to the extent of the inconsistency, of no force or effect and that other provision prevails.

PART 2—GENERAL MATTERS

11Application of this Act

This Act applies to all land in Victoria, other than land that is within the area defined as the offshore area in the Offshore Petroleum and Greenhouse Gas Storage Act 2010.

12Minister may exempt land from the application of this Act

(1)Despite section 11, the Minister may, by notice published in the Government Gazette and registered in the petroleum register, exempt any land from the application of some or all of the provisions of this Act.

(2)The Minister may do this—

(a)to protect the land for significant environmental reasons; or

(b)to protect significant commercial or economic activity; or

(c)for any other reason the Minister considers to be appropriate.

(3)The Minister may, by notice published in the Government Gazette and registered in the petroleum register, revoke any exemption granted under this section.

13Petroleum is the property of the Crown

The Crown owns all petroleum on or below the surface of any land in Victoria that came to be on or below that surface without human assistance.

14Crown retains Crown land petroleum rights

In conferring any grant, lease, licence or other tenure of any Crown land after the commencement of this section on any person, the Crown retains all rights that it has in relation to any petroleum on or below that land, unless otherwise stated in the document by which the grant, lease, licence or other tenure is conferred.

15Offence to explore for petroleum unless authorised

A person must not carry out any petroleum exploration operation in Victoria except—

(a)under, and in accordance with, an authority; or

(b)as otherwise permitted by this Act.

Penalty:240 penalty units.

Default penalty: 10 penalty units.

16Offence to produce petroleum unless authorised

A person must not carry out any petroleum production operation in Victoria except—

(a)under, and in accordance with, a production licence; or

(b)as otherwise permitted by this Act.

Penalty:240 penalty units.

Default penalty: 10 penalty units.

16AOffence to carry out hydraulic fracturing

A person must not carry out any hydraulic fracturing in the course of carrying out any petroleum operation.

Penalty:200 penalty units.

Default penalty:

In the case of a corporation, 20 penalty units.

In any other case, 10 penalty units.

17Petroleum becomes the property of the person extracting it

On a person extracting from any land in Victoria in accordance with this Act any petroleum that came to be on or below the surface of the land without human assistance, the person becomes the owner of that petroleum.

17AMoratorium on petroleum exploration and petroleum production

(1)Subject to this section, despite anything to the contrary in this Act or any condition of a relevant authority, the carrying out of any petroleum exploration or petroleum production during the moratorium period is not authorised under that authority.

(2)Subsection (1) does not affect any requirement or obligation imposed on the holder of a relevant authority by or under this Act or under a condition of the authority during the moratorium period.

(3)In addition, subsection (1) does not affect—

(a)the authorisation of petroleum exploration or petroleum production during the moratorium period by the following production licences—

(i)Production Licence 1 registered in the petroleum register on 1 March 1985;

(ii)Production Licence 2 registered in the petroleum register on 31 December 1990;

(iii)Production Licence 3 registered in the petroleum register on 10 May 1993;

(iv)Production Licence 11 registered in the petroleum register on 14 May 2002;

(v)Production Licence 13 registered in the petroleum register on 7 February 2006; or

(b)the authorisation under a production licence of petroleum storage in a reservoir that is carried out in accordance with a storage development plan approved under Division 7 of Part 5 that applies to the production licence.

(4)Despite anything to the contrary in this Act, the Minister must not grant a relevant authority during the moratorium period.

(5)In this section—

moratorium period means the period beginning on the day on which the Resources Legislation Amendment (Fracking Ban) Act 2017 comes into operation and ending on 30 June 2021;

relevant authority means an exploration permit, a retention lease or a production licence.

PART 3—EXPLORATION PERMITS

Division 1—Rights conferred by permit

18Rights conferred by permit

An exploration permit authorises the holder of the permit, subject to and in accordance with the conditions of the permit—

(a)to carry out petroleum exploration in the permit area; and

(b)to do any thing in that area that is necessary for, or incidental to, that purpose.

Division 2—Process for granting permits

19Minister may invite tender applications for exploration permits

(1)The Minister may invite applications for an exploration permit to explore a specified area.

(2)The invitation must specify—

(a)the chief factors that will be considered by the Minister in assessing applications; and

(b)a date by which applications must be made.

(3)In subsection (2), chief factors means the chief factors set out in section 20B(2)(a) and (b) or 21(2)(a) and (b), as the case requires.

19APublic consultation before tender invitation—exploration permits

(1)If the Minister proposes to invite applications for an exploration permit under section 19(1), the Minister must publish notice of the proposed invitation on an Internet site maintained by the Department.

(2)A notice under subsection (1) must—

(a)contain a description of the area to which the proposed exploration permit is to apply; and

(b)state that any person may make a written submission to the Minister about the proposed invitation; and

(c)specify the period during which submissions may be made to the Minister (the submission period).

(3)In determining whether to invite applications for the exploration permit, the Minister must take into account any written submission received during the submission period.

(4)A decision to grant an exploration permit is not invalid merely because of a failure to comply with subsection (3).

20Application for permits

In addition to complying with section 96, an applicant for an exploration permit must submit details of—

(a)its relevant technical qualifications and of the relevant technical qualifications of its employees; and

(b)the relevant technical advice available to it; and

(c)the financial resources available to it.

20AGrant of exploration permit

The Minister may grant or refuse to grant an exploration permit.

20BChief factors to be considered when there is only one application

(1)This section applies if only one application for an exploration permit is received in respect of an area.

(2)In deciding whether to grant or refuse to grant an exploration permit, the chief factors the Minister must take into account are—

(a)the merits of the work program proposed by the applicant; and

(b)the likelihood that the work program will be carried out; and

(c)any prescribed factor.

21Chief factors to be considered in deciding between competing offers

(1)This section applies if more than one application is received in respect of an area and the Minister decides to grant an exploration permit in respect of the area.

(2)In determining which applicant, if any, is to be granted the permit, the chief factors the Minister must take into account are—

(a)the respective merits of the work programs proposed by the applicants; and

(b)the likelihood that the work programs will be carried out; and

(c)any prescribed factor.

22Notice to be given to applicants

(1)If the Minister decides to grant an exploration permit, she or he must give every unsuccessful applicant (if any) for the permit written notice of that decision within 14 days after making it.

(2)If the Minister decides not to grant an exploration permit, the Minister must notify every applicant in writing of that decision.

23Minister may make new grant if former grant refused

(1)This section applies if the Minister decides to grant an exploration permit to an applicant but the applicant states in writing that it does not intend to accept the grant.

(2)The Minister may grant the permit to any other applicant for the permit.

(3)This section applies regardless of how many times the Minister has decided to grant the permit.

24Procedure if initial invitation does not result in the granting of a permit

(1)This section applies if—

(a)no applications are received in response to an invitation made under section 19; or

(b)the Minister refuses to grant an exploration permit to any applicant who responded to such an invitation; or

(c)no applicant who responded to such an invitation is willing to accept the grant of the exploration permit by the Minister.

(2)The Minister may invite further applications for an exploration permit for the relevant area.

(3)Sections 20, 22 and 23 apply to applications made in response to an invitation made under subsection (2).

(4)If more than one application is received, the Minister must consider the applications in the order in which they were received by the Minister.

25Permit area for exploration permits

(1)In issuing an exploration permit, the Minister must determine the area to which the exploration permit applies in accordance with this section.

(2)The area to which the permit applies must not be more than 12 500 square kilometres.

(3)In addition, no part of the area to which the permit applies may be within an area that is already the subject of an exploration permit.

(4)The area that is determined may—

(a)be less than that applied for by the applicant;

(b)be an area from which there are parts that are excised;

(c)consist of non-continuous parcels of land.

26Term of permit

An exploration permit expires 5 years after the day on which it is registered in the petroleum register, unless it is cancelled or surrendered earlier or unless this Act otherwise provides.

27Key objects of work programs

(1)In granting an exploration permit, the Minister must declare in writing that certain specified elements of the work program submitted in relation to the permit are key objects of the work program.

(2)The holder of an exploration permit must ensure that the key objects of the work program are achieved to the maximum extent that is practicable.

(3)On the application of the holder of an exploration permit, the Minister may vary a declaration to remove a key object, substitute a key object or vary the details of a key object.

(4)The Minister may only exercise her or his powers under subsection (3) if she or he is satisfied that there are extraordinary circumstances that justify the variation.

Division 3—Renewals

28Renewal of permit

(1)The Minister may renew an exploration permit for a further 5 years from the date of its expiry.

(2)A renewed exploration permit expires 10 years after the day on which the initial permit was registered in the petroleum register, unless it is cancelled or surrendered earlier or unless this Act otherwise provides.

(3)The Minister may only renew an exploration permit once.

29Application for renewal

(1)The holder of an exploration permit may apply to the Minister for the renewal of the permit.

(2)A renewal application must be given to the Minister at least 90 days before the permit is due to expire.

(3)On the payment of any late fee required by the regulations for the purposes of this section, the Minister may also consider any application for renewal that does not comply with subsection (2).

(4)However, the Minister must not consider any application to renew a permit that is made after the permit has expired.

30Other factors to be considered in renewing permits

(1)The Minister must renew an exploration permit if—

(a)the holder of the permit applies for the renewal in the form and manner required by the Minister; and

(b)the application is accompanied by the renewal fee set out in the regulations for the purposes of this paragraph; and

(c)the permit holder has complied with the conditions of the permit and all applicable laws; and

(d)the application is accompanied by details of the work program the holder of the permit proposes to undertake if the permit is renewed; and

(e)the Minister is satisfied that the proposed work program is adequate; and

(f)the holder of the permit has nominated in the application the area that it wishes to relinquish (unless section 32(4) applies); and

(g)the Minister will not breach section 32(1), (2) or (3) by renewing the permit for the remaining area.

(2)In any other case the Minister may renew a permit if she or he is satisfied that there are special circumstances that justify the renewal of the permit.

31Permit not to be renewed if key objects not achieved

(1)Despite section 30, the Minister must not renew a permit if the key objects of the work program that were to have been conducted under the permit have not been achieved to the maximum extent that is practicable.

(2)Subsection (1) does not apply if the Minister is satisfied that the failure was the result of one or more events that were beyond the control of the holder of the permit.

32Renewed permit area to be reduced

(1)In renewing an exploration permit, the Minister must ensure that the permit area is reduced by at least 50%.

(2)In renewing an exploration permit and reducing the permit area, the Minister must be satisfied that both the area to which the renewed permit will apply and the area to which the permit will no longer apply are of such a nature that it will still be practicable for petroleum exploration to be carried out on them.

(3)In reducing the area to which a renewed exploration permit will apply, the Minister must ensure that the reduced area forms no more than 2 continuous parcels of land.

(4)Despite subsection (1), the Minister may issue a renewed exploration permit without reducing the permit area, or without reducing the permit area by at least 50%, if—

(a)the Minister is satisfied, on the written application of the holder of the permit—

(i)that it was unable to explore a relevant area as a result of one or more events that were beyond its control; or

(ii)that there are exceptional circumstances that justify such a renewal; or

(b)it is necessary to do so to enable the Minister to comply with subsection (3).

33Key objects of work programs

(1)In renewing an exploration permit, the Minister must declare in writing that certain specified elements of the work program submitted in the application for the renewal of the permit are key objects of the work program.

(2)The holder of the permit must ensure that the key objects of the work program are achieved to the maximum extent that is practicable.

(3)On the application of the holder of an exploration permit, the Minister may vary a declaration to remove a key object, substitute a key object or vary the details of a key object.

34Variation of work programs for renewed permits

(1)If an exploration permit is renewed, the holder of the permit may apply to the Minister for permission to vary the work program.

(2)The Minister may allow the holder of the permit to vary its work program if the Minister is satisfied that the variation will improve the work program.

Division 4—Ministerial directions if petroleum discovered

35Minister may give directions if petroleum discovered

(1)If the holder of an exploration permit discovers any petroleum in the permit area, the Minister may require the holder of the permit to apply for a retention lease or a production licence in respect of the discovery.

(2)Such a requirement must be made in writing and must allow the holder of the permit at least 90 days within which to make the application.

(3)The Minister may only make a requirement under this section if the holder of the permit has extracted petroleum as a result of the discovery.

(4)If the holder of the permit fails to comply with a requirement made under this section, the Minister may cancel the permit.

PART 4—RETENTION LEASES

36Purpose of a retention lease

A retention lease enables the holder of an exploration permit to retain certain rights to a petroleum discovery that it is not commercially viable to develop under a production licence at the time the lease is granted, but which might become viable to develop within 15 years.

37Rights conferred by lease

A retention lease authorises the holder of the lease, subject to and in accordance with the conditions of the lease—

(a)to carry out petroleum exploration in the lease area; and

(b)to do any thing in the lease area that is necessary for, or incidental to, that purpose; and

(c)to retain a right to apply for a production licence in respect of the lease area under Division 2 of Part 5 without complying with any requirement that there might otherwise be under this Act to carry out a work program in respect of the area.

38Right to apply for lease

(1)The holder of an exploration permit may apply to the Minister for the grant of a retention lease in respect of any part of the permit area on which the holder has discovered petroleum.

(2)An application for a retention lease must be made at least 90 days before the applicant's exploration permit is due to expire.

(3)Despite subsection (2), the Minister may on the payment of any late fee required by the regulations consider an application for a retention lease that does not comply with that subsection.

39Details to be supplied with application

In addition to complying with section 96, an applicant for a retention lease must submit details of—

(a)the area in respect of which the lease is sought; and

(b)the commercial viability of extracting petroleum from that area at the time the application is made; and

(c)the possible future commercial viability of extracting petroleum from that area.

39ANotice of application for retention lease

(1)The applicant for a retention lease must cause notice of the application to be published—

(a)in a newspaper circulating generally in Victoria; and

(b)on an Internet site maintained by the applicant.

(2)A notice under subsection (1) must—

(a)contain details of the area in respect of which the retention lease is sought, including a description and plan of the area; and

(b)state that any person may make a written submission to the Minister about the application during the prescribed period; and

(c)contain any prescribed information.

(3)The Secretary must make a copy of the application and all information accompanying the application available for inspection by the public in a place and form approved by the Minister.

39BSubmissions—retention leases

(1)If the Minister receives a submission in accordance with section 39A, the Minister must—

(a)provide the applicant with a copy of the submission; and

(b)give the applicant the opportunity to address any matter raised in the submission.

(2)The Minister may require the applicant to provide details of how the applicant has addressed or proposes to address any matter raised in a submission.

(3)In deciding whether to grant or refuse a retention lease, the Minister must take into account—

(a)any submission received in accordance with section 39A in relation to that lease; and

(b)any details provided under subsection (2) in relation to that submission.

(4)A decision to grant a retention lease is not invalid merely because of a failure to comply with subsection (3).

40Factors determining grant of application

(1)The Minister must grant a retention lease if—

(a)the applicant for the lease has provided all the information required by the Minister and has otherwise complied with section 39; and

(b)the applicant has complied with the conditions of its exploration permit and all applicable laws in relation to that permit; and

(c)the Minister is satisfied that the extraction of petroleum from the proposed lease area—

(i)was not commercially viable on the day the application for the lease was made; but

(ii)is likely to become commercially viable within the next 15 years; and

(d)the Minister is satisfied that the applicant has addressed the matters raised in any submission received under section 39A or taken reasonable steps to do so; and

(e)the Minister is satisfied that the applicant has addressed any prescribed factor or taken reasonable steps to do so.

(2)The Minister may grant a retention lease if—

(a)subsection (1)(a), (c), (d) and (e) apply; and

(b)she or he is satisfied that there are special circumstances concerning the failure to comply with the conditions of the exploration permit, or with an applicable law, that justify the granting of the lease.

(3)The Minister must not grant a retention lease in any other circumstances.

41Restrictions on area to which lease applies

(1)In granting a retention lease, the Minister must ensure that the lease area is the minimum area necessary—

(a)to cover the maximum extent of the petroleum field; and

(b)to enable future petroleum production and storage in relation to the field and future storage in relation to any reservoir.

(2)Nothing in subsection (1) authorises the Minister to include in the lease area any area that was not within the area to which the lease holder's exploration permit applied.

42Term of lease

(1)A retention lease starts on the day it is registered in the petroleum register.

(2)A retention lease expires on the last day of the period specified by the Minister in the lease as the term of the lease, unless it is cancelled or surrendered earlier or unless this Act otherwise provides.

(3)The Minister may specify that a retention lease is to have a term of up to 15 years.

(4)A retention lease cannot be renewed.

43Procedure if lease not to be granted

(1)The Minister must not refuse to grant a retention lease unless the Minister—

(a)has given the applicant for the lease not less than 30 days' written notice of the Minister's intention to refuse to grant the lease; and

(b)has served a copy of the notice on any other people that the Minister considers may have an interest in the refusal; and

(c)has, in the notice—

(i)given detailed reasons for the proposed refusal; and

(ii)invited the person who is given the notice to make any submissions it wishes to make by a specified date; and

(d)has considered any submissions made on or before the specified date in response to such an invitation.

44Minister may require review of commercial viability

(1)The Minister may require the holder of a retention lease to re-evaluate the commercial viability of petroleum production in the lease area and to report to the Minister in writing the results of the re-evaluation.

(2)In making such a requirement, the Minister—

(a)must make the requirement by giving the holder of the lease written notice of the requirement; and

(b)must allow the holder of the lease at least 90 days within which to comply with the requirement; and

(c)cannot require the holder of the lease to make any wells.

(3)The Minister may, on the written application of the holder of a lease, allow the holder of the lease more time within which to comply with a requirement made under this section.

(4)The Minister may not make a requirement under this section if the holder of the lease has already complied with a requirement made under this section on 2 occasions in the 5 years immediately before the making of the requirement.

(5)If the holder of a lease fails to comply with a requirement made under this section, the Minister may cancel the lease.

45Minister may give directions if extraction viable

(1)This section applies if, after receiving a report under section 44, the Minister is of the opinion that the extraction of petroleum from the lease area is commercially viable.

(2)The Minister may require the lease holder to apply for a production licence in respect of the lease area.

(3)Such a requirement must be made in writing and must allow the holder of the lease at least 90 days within which to make the application.

(4)If the holder of the lease fails to comply with a requirement made under this section, the Minister may cancel the lease.

PART 5—PRODUCTION LICENCES

Division 1—Rights conferred by licence

46Rights conferred by licence

A production licence authorises the holder of the licence, subject to and in accordance with the conditions of the licence—

(a)to carry out petroleum production in the licence area; and

(b)to carry out petroleum exploration in the licence area; and

(c)to do any thing in the licence area that is necessary for, or incidental to, those purposes.

Division 2—Issue of licences to holders of permits or leases

47Right to apply for licence

The holder of an exploration permit or a retention lease may apply to the Minister for the grant of a production licence in respect of any part of the permit or lease area on which the holder has discovered petroleum or a reservoir.

48Details to be supplied with application

In addition to complying with section 96, an applicant for a production licence under this Division must submit details of the area in respect of which the licence is sought.

48ANotice of application for production licence

(1)The applicant for a production licence must cause notice of the application to be published—

(a)in a newspaper circulating generally in Victoria; and

(b)on an Internet site maintained by the applicant.

(2)A notice under subsection (1) must—

(a)contain details of the area in respect of which the production licence is sought, including a description and plan of the area; and

(b)state that any person may make a written submission to the Minister about the application during the prescribed period; and

(c)contain any prescribed information.

(3)The Secretary must make a copy of the application and all information accompanying the application available for inspection by the public in a place and form approved by the Minister.

48BSubmissions—production licences

(1)If the Minister receives a submission in accordance with section 48A, the Minister must—

(a)provide the applicant with a copy of the submission; and

(b)give the applicant the opportunity to address any matter raised in the submission.

(2)The Minister may require the applicant to provide details of how the applicant has addressed or proposes to address any matter raised in a submission.

(3)In deciding whether to grant or refuse a production licence, the Minister must take into account—

(a)any submission received in accordance with section 48A in relation to that licence; and

(b)any details provided under subsection (2) in relation to that submission.

(4)A decision to grant a production licence is not invalid merely because of a failure to comply with subsection (3).

49Factors determining grant of application

(1)The Minister must grant a production licence if—

(a)the applicant for the licence has provided all the information required by the Minister and has otherwise complied with section 48; and

(b)the applicant has complied with the conditions of its exploration permit and its retention lease (if any) and all applicable laws in relation to that permit and lease; and

(c)the Minister is satisfied that the applicant has addressed the matters raised in any submission received under section 48A or taken reasonable steps to do so; and

(d)the Minister is satisfied that the applicant has addressed any prescribed factor or taken reasonable steps to do so.

(2)The Minister may grant a production licence if—

(a)subsection (1)(a), (c) and (d) apply; and

(b)she or he is satisfied that there are special circumstances concerning the failure to comply with the conditions of the exploration permit or retention lease, or with an applicable law, that justify the granting of the licence.

(3)The Minister must not grant a production licence under this Division in any other circumstances.

Division 3—Grant of licences by tender

50Minister may invite tender applications

(1)The Minister may invite applications for the grant of a production licence in respect of an area if—

(a)in the opinion of the Minister, there is petroleum or a reservoir in the area; and

(b)the area—

(i)is not the subject of an exploration permit, a retention lease or a production licence; or

(ii)was the subject of an exploration permit, a retention lease or a production licence that has expired or that has been surrendered or cancelled in respect of that area.

(1A)In determining whether to invite applications for the grant of a production licence, the Minister must take into account any prescribed factor.

(2)The invitation must specify—

(a)the chief factors that will be considered by the Minister in assessing applications; and

(b)a date by which applications must be made.

(3)The invitation may specify—

(a)that an applicant must specify the amount that it is willing to pay for the grant of the licence or the royalty regime that it is prepared to accept under the licence; and

(b)the basis on which applications will be primarily decided (for example, work program, cash bid or royalty bid).

50APublic consultation before tender invitation—production licences

(1)If the Minister proposes to invite applications for the grant of a production licence under section 50(1), the Minister must publish notice of the proposed invitation on an Internet site maintained by the Department.

(2)A notice under subsection (1) must—

(a)contain a description of the area to which the proposed production licence would apply; and

(b)state that any person may make a written submission to the Minister about the proposed invitation; and

(c)specify the period during which submissions may be made to the Minister (the submission period).

(3)In determining whether to invite applications for the production licence, the Minister must take into account any written submission received during the submission period.

(4)A decision to grant a production licence is not invalid merely because of a failure to comply with subsection (3).

51Applications

In addition to complying with section 96, an applicant for a licence offered under this Division—

(a)must submit details of—

(i)its relevant technical qualifications and of the relevant technical qualifications of its employees; and

(ii)the relevant technical advice available to it; and

(iii)the financial resources available to it; and

(b)must include in the application anything else required in the invitation; and

(c)if the invitation requires applicants to specify a cash bid for the licence, must be accompanied by a deposit of 10% of the amount bid.

52Procedure for deciding between competing bids

(1)The Minister must decide between competing applications on the basis of the chief factors specified in the invitation for the applications.

(2)Nothing in this section requires the Minister to grant an application that, in the opinion of the Minister, is deficient or defective or not in the best interests of the people of Victoria.

(3)In deciding which applicant, if any, is to be granted the licence, the Minister may take into account any prescribed factor.

52AChief factors to be considered when there is only one application—production licences

(1)This section applies if only one application for a production licence is received in respect of an invitation for applications.

(2)The Minister must decide whether to grant the licence to the applicant on the basis of the chief factors specified in the invitation for the applications.

(3)In deciding whether the applicant is to be granted the licence, the Minister may take into account            any prescribed factor.

(4)Nothing in this section requires the Minister to grant an application that, in the opinion of the Minister, is deficient or defective or not in the best interests of the people of Victoria.

53Notice to be given to applicants

(1)If the Minister decides to grant a production licence, she or he must give every unsuccessful applicant for the licence written notice of that decision within 14 days of making it.

(2)If the Minister decides not to grant a production licence to any of the applicants for the licence, she or he must notify all applicants in writing of that decision.

54Refund of deposits

(1)The Minister must refund any deposit paid under section 51(c) by an applicant who is not granted a production licence.

(2)If, in the opinion of the Minister there are exceptional circumstances or the interests of fairness so require, she or he may refund the deposit of an applicant who is granted a licence, but who does not accept that grant.

55Minister may make new grant if former grant refused

(1)This section applies if the Minister decides to grant a production licence under this Division to an applicant but the applicant states in writing that it does not intend to accept the grant.

(2)Subject to section 52, the Minister may grant the licence to any other applicant for the licence.

(3)This section applies regardless of how many times the Minister has decided to grant the licence.

56Extension of time in which to make licence payment

On the written application of a person made within 90 days after receiving notice that it has been granted a production licence, the Minister may extend by up to 90 days the period within which the person may pay a required amount for the licence.

57Minister must not issue licence unless cash bid paid

Subject to section 56, if cash bids were made for a production licence, the Minister must not issue the licence to a person unless it has paid the amount it bid for the licence.

Division 4—General provisions

58Restrictions on area to which licence applies

(1)In granting a production licence, the Minister must ensure that the licence area is the minimum area necessary—

(a)to cover the maximum extent of the relevant petroleum field or reservoir; and

(b)to enable future petroleum production and storage in relation to the field and future storage in relation to any reservoir.

(2)In the case of licences granted under Division 2, nothing in subsection (1) authorises the Minister to include in the licence area any area that was not within the area to which the licence holder's exploration permit or retention lease applied at the time it applied for the licence.

59Term of licence

A production licence continues in force until it is surrendered or the Minister cancels it in accordance with this Act.

Division 5—Directions concerning the rate of extraction or recovery of petroleum

60Direction if petroleum not being extracted/recovered to the Minister's satisfaction

(1)If petroleum is being extracted or recovered in a licence area, the Minister may direct the holder of the licence to take all necessary and practicable steps to reduce the rate at which petroleum is being extracted or recovered in the area to the rate specified by the Minister in the direction.

(2)The Minister may only give a direction if, in the opinion of the Minister, the direction is necessary to ensure that petroleum is extracted or recovered from the licence area at a rate that is consistent with good oilfield practice.

(3)If the Minister gives a direction but is not satisfied with the steps taken or being taken by the holder of the licence, the Minister may direct the holder of the licence to do anything else that the Minister thinks is necessary for, or in relation to, the reduction of the rate at which petroleum is being extracted or recovered in the area.

61Form of direction

Any direction given by the Minister under this Division must be in writing.

62Licence holder must comply with directions

The holder of a production licence must comply with any direction validly given under this Division.

Penalty:240 penalty units.

Default penalty: 10 penalty units.

Division 6—Petroleum production development plan

63Petroleum production development plan

(1)A petroleum production development plan is a plan in relation to a production licence that outlines how petroleum production will be undertaken in the licence area.

(2)A petroleum production development plan must contain the details required by the regulations.

64Development plan to be lodged before production can start

The holder of a production licence must not carry out petroleum production in the licence area unless the Minister has approved its petroleum production development plan for the licence area.

Penalty:240 penalty units.

Default penalty: 10 penalty units.

65Development plan must be adhered to

The holder of a production licence must ensure that petroleum production in the licence area is carried out in accordance with its petroleum production development plan.

Penalty:240 penalty units.

Default penalty: 10 penalty units.

66Minister may require variation of development plan

(1)The Minister may require the holder of a production licence to vary the petroleum production development plan that applies to the licence.

(2)The Minister may only do this after consulting with the holder of the licence.

67Minister may permit variation of development plan

On the written application of the holder of a production licence, the Minister may permit the holder of the licence to vary the petroleum production development plan that applies, or is to apply, to the licence.

Division 7—Underground storage of petroleum

68Storage development plan

(1)A storage development plan is a plan in relation to a production licence that outlines how petroleum storage in a reservoir in the licence area will be carried out.

(2)A storage development plan must contain the details required by the regulations.

69Storage development plan to be lodged before operations can start

The holder of a production licence must not inject any petroleum into a reservoir in the licence area for the purposes of storage unless the Minister has approved its storage development plan for the licence area.

Penalty:240 penalty units.

Default penalty: 10 penalty units.

70Storage development plan must be adhered to

The holder of a production licence must ensure that petroleum storage in reservoirs in the licence area is carried out in accordance with its storage development plan.

Penalty:240 penalty units.

Default penalty: 10 penalty units.

71Minister may require variation of storage development plan

(1)The Minister may require the holder of a production licence to vary any storage development plan that applies to the licence.

(2)The Minister may only do this after consulting with the holder of the licence.

72Minister may permit variation of development plan

On the written application of the holder of a production licence, the Minister may permit the holder of the licence to vary the storage development plan that applies, or is to apply, to the licence.

Division 8—Underground storage of petroleum by third party

73Application of this Division

This Division applies if a person wishes to store petroleum in a particular suitable reservoir in a production licence area, but is unable to obtain the agreement of the holder of the licence to do so.

74Application to excise reservoir from a licence area

(1)The person who wishes to store the petroleum may apply to the Minister to excise from the production licence area the land in which the reservoir is situated.

(2)The application must be made in the manner required by the Minister.

75Minister must seek comments from licence holder

(1)On receiving an application, the Minister must give a copy of the application to the holder of the production licence and invite it to make any submissions it wishes to make in relation to the application within the time specified by the Minister.

(2)The Minister must specify a period of at least 28 days.

76Restrictions on ability of Minister to grant application

The Minister may only grant an application if the Minister is satisfied—

(a)that the holder of the production licence is not using the reservoir and has no present intention to use the reservoir; and

(b)that the excision of the land will not interfere with the operations of the holder of the production licence.

77Minister may refer application to advisory panel

(1)In this section panel means one or more people chosen by the Minister.

(2)At any time after the expiry of the time specified by the Minister under section 75, the Minister may refer an application to a panel for a recommendation concerning the application.

(3)If the Minister refers an application to a panel, she or he—

(a)must ensure that any submissions made under section 75 are also referred to the panel; and

(b)must specify by when the panel must make its recommendation; and

(c)may specify the procedure of the panel.

(4)For the purposes of subsection (3)(b), the Minister must not specify a period of more than 28 days.

(5)On the application of one or more members of the panel, the Minister may extend the date by when the panel must make its recommendation by up to 28 days from the date specified by the Minister under subsection (3)(b).

(6)The costs of the panel are to be borne by the person who applied for the excision of the land.

78Procedure if application granted

(1)If the Minister grants an application, she or he must—

(a)amend the production licence to excise the relevant land from the licence area; and

(b)notify the applicant and the holder of the production licence in writing that the licence has been amended in that way; and

(c)invite applications for the grant of a production licence in relation to the excised land; and

(d)notify the applicant and the holder of the production licence in writing of the invitation.

(2)Division 3 (other than section 50(1)) applies to the grant of a production licence under this section and applies as if a reference in that Division—

(a)to an invitation was a reference to an invitation under subsection (1); and

(b)to "this Division" was a reference to this Division.

Division 9—Unit development

79Unit development

(1)This section applies if a petroleum pool extends over a number of areas in a way that legally entitles more than one holder of a production licence or other person to carry out operations for the extraction of petroleum from the pool.

(2)The Minister may require the people who are entitled to extract petroleum from the pool to enter into a co-operative arrangement for the extraction of petroleum from the pool for one or more of the following purposes—

(a)to extract the petroleum as effectively as possible;

(b)to keep disruptions to the environment to a minimum.

(3)In making such a requirement, the Minister must ensure—

(a)that written notice of the requirement is given to each person on whom the requirement is made; and

(b)that the notice specifies by when the requirement must be complied with; and

(c)that the notice specifies how any dispute concerning the terms of the required co‑operative arrangement is to be resolved; and

(d)that the notice specifies what action the Minister may take if the requirement is not complied with.

(4)For the purposes of subsection (3)(b), the Minister must allow a period of at least 90 days from the date the notice is given.

80Consultation concerning unit development must take place if part of pool interstate

(1)This section applies if section 79 applies, but part of the petroleum pool is outside Victoria (or the Minister reasonably believes that part of the pool is outside Victoria).

(2)The Minister must not make a requirement under section 79 unless she or he has obtained the approval of any authority or body that is responsible for regulating the extraction of petroleum from that pool outside Victoria.

81Minister may amend licence for unit development

Despite anything to the contrary in this Act, the Minister may amend a production licence (including any condition of the licence)—

(a)for the purpose of giving effect to a co‑operative arrangement made under section 79; or

(b)as a result of a failure of a person to comply with a requirement made under section 79, but only for the purpose of attempting to achieve to the maximum extent that is possible the object that the requirement sought to achieve.

Division 10—Gathering lines

82Meaning of gathering line

A gathering line is a pipeline that is—

(a)situated wholly within—

(i)a production licence area; or

(ii)a drilling authorisation area; and

(b)used (or intended to be used) or designed to convey petroleum (or a petroleum product)—

(i)from one place to another in that area; or

(ii)between a drilling authorisation area and a production licence area.

83Minister may exempt gathering line from Pipelines Act

(1)The Minister may exempt a gathering line from the application of the Pipelines Act 2005.

(2)The Minister—

(a)may only grant an exemption in writing; and

(b)may require that certain conditions be met before she or he grants the exemption; and

(c)may exempt the gathering line wholly from the Pipelines Act 2005 or from specified provisions of that Act; and

(d)may impose conditions that must be complied with to maintain the exemption.

(3)The Pipelines Act 2005 does not apply to a gathering line to the extent set out in any exemption granted under this section.

PART 6—SPECIAL ACCESS AUTHORISATIONS

84Special access authorisation

(1)A special access authorisation authorises the person holding it to carry out the petroleum exploration operations specified in the authorisation in the area in respect of which it is granted.

(2)A special access authorisation does not authorise the holder of the authorisation to make a well.

(3)A special access authorisation does not give the holder of the authorisation any rights with respect to any petroleum within the area in respect of which it is granted.

(4)It is not necessary for the holder of a special access authorisation to be the holder of an exploration permit, a retention lease or a production licence.

85Application for authorisation

(1)A person may apply to the Minister for the grant of a special access authorisation in respect of any area.

(2)In addition to complying with section 96, an applicant for a special access authorisation—

(a)must describe and precisely identify the area in respect of which the authorisation is sought; and

(b)must describe in detail the petroleum exploration operations that the person seeks to carry out in that area; and

(c)must submit details of—

(i)its relevant technical qualifications and of the relevant technical qualifications of its employees; and

(ii)the relevant technical advice available to it; and

(iii)the financial resources available to it.

86General criteria the Minister must consider

(1)In determining whether or not to grant a special access authorisation, the Minister must take into account the geological and geophysical nature of the area in respect of which the application is made, and any discoveries that have been made in the area by any other person.

(2)The Minister must not grant an application for an authorisation unless she or he is satisfied that the applicant—

(a)has the technical qualifications (or has employees that have the technical qualifications), has access to the technical advice and has the financial resources that will be necessary to enable the operations proposed in the application to be undertaken; and

(b)has the ability to comply with this Act.

(3)The Minister must not grant an authorisation in respect of an area unless she or he is satisfied that the size of the area is appropriate having regard to the operations proposed in respect of the area by the person applying for the authorisation.

87Criteria that apply to permit, lease and licence areas

(1)This section applies if any part of the area in respect of which a special access authorisation is sought falls within an area that is the subject of an exploration permit, a retention lease or a production licence.

(2)The Minister must not grant an authorisation in respect of that part of the area unless—

(a)she or he has taken into account the work program of the holder of the permit, lease or licence; and

(b)she or he is satisfied that the operations proposed to be carried out under the authorisation will not be detrimental to, or unduly interfere with, any current or proposed future operations of the holder of the permit, lease or licence; and

(c)the holder of the permit, lease or licence has consented in writing to the issue of the authorisation in respect of that part of the area.

88Exception to section 87

Despite section 87(2)(c), the Minister may grant a special access authorisation in respect of an area that is the subject of an exploration permit, a retention lease or a production licence without the consent of the holder of the permit, lease or licence if—

(a)in the opinion of the Minister, the likely geological information to be gained if the authorisation is granted in respect of that area will be of significant benefit to Victoria; and

(i)any consent that is deemed to have been given under this Act on or after 24 August 2012 in relation to a relevant authority.

(2)Subsection (1)(b), (c), (d), (e), (f) and (g) apply to a refusal, suspension, variation or extension made on or after 24 August 2012 and whether any loss, damage or injury resulting from or arising out of that refusal, suspension, variation or extension is incurred before, on or after the commencement of this section.

(3)Subsection (1)(h) and (i) apply whether any loss, damage or injury resulting from or arising out of the fact that a decision is not made, or resulting from or arising out of a deemed consent, is incurred before, on or after the commencement of this section.

(4)In this section—

relevant authority means an exploration permit, a retention lease or a production licence.

251BMinister may pay for surrender of authority

(1)The Minister may pay an amount, determined by an Order made under subsection (2), for the surrender within 6 months after the commencement of the Resources Legislation Amendment (Fracking Ban) Act 2017 of a relevant authority if the authority is in force immediately before that commencement.

(2)The Minister may determine, by Order published in the Government Gazette, the amount for the purposes of subsection (1).

(3)In this section—

relevant authority means an exploration permit, a retention lease or a production licence.

PART 16—REGULATIONS

252Regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)determining the dimensions, boundaries, form, position and extent of an authority area; and

(b)determining the requirements to be complied with by people who wish to acquire authorities; and

(c)prescribing conditions that are to apply to a particular type of authority or to authorities generally; and

(d)prescribing the fees payable for authorities and gathering lines, and the fees for applications, the processing of applications, renewals, authority variations and extensions, authority condition variations and suspensions, surveys, inspections by inspectors, technical and other assessments undertaken by the Department or its agents, exemptions, registrations in the petroleum register, inspection of the petroleum register and access to released information; and

(e)prescribing annual fees payable by the holders of authorities; and

(f)prescribing the rent that is payable by the holders of authorities for occupying Crown land; and

(g)requiring the holders of authorities to submit specified information to the Minister and to keep specified information, records and samples; and

(h)the information to be contained in work programs, development plans, unit developments, operation plans, and other plans, manuals and reports required of authority holders; and

(i)requirements for pecuniary interests statements; and

(j)the petroleum register and the documents to be registered; and

(k)regulating inquiries and investigations conducted into matters under this Act; and

(l)requirements for gathering lines; and

(m)the prevention of nuisances in or about authority land and for cleaning and keeping clean authority land, and without limiting this head of power, the prevention of the pollution of the seashore or the sea or inland waters from petroleum operations; and

(n)prescribing precautions and measures for the treatment of water underground or at the surface and for the prevention of waste of petroleum; and

(o)regulating the separation, storage, transportation and utilisation of anything produced under an authority; and

(p)regulating the production and treatment of petroleum under an authority; and

(q)ensuring that precautions will be taken against flooding, and prescribing the methods to be adopted if wells are abandoned; and

(r)ensuring that well making, geophysical surveys, geochemical surveys and other petroleum operations are carried out with due diligence and by satisfactory methods;

(s)regulating the production testing of wells, including flaring; and

(t)prescribing the equipment, materials and casings that are to be used in petroleum operations under this Act; and

(u)regulating unit agreements; and

(v)regulating the underground storage of petroleum including prescribing petroleum products that may be stored; and

(w)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act; and

(wa)provisions of a savings or transitional nature consequent on the enactment of the Petroleum Legislation Amendment Act 2020, including but not limited to provisions relating to new work programs and applications pending under this Act immediately before the commencement of that Act.

(2)The regulations—

(a)may be of general or of specially limited application; and

(b)may differ according to differences in time, place or circumstance; and

(c)may require a matter affected by the regulations to be—

(i)in accordance with a specified standard or specified requirement; or

(ii)approved by or to the satisfaction of a specified person or a specified class of person; or

(iii)as specified in both subparagraphs (i) and (ii); and

(d)may apply, adopt or incorporate any matter contained in any document whether—

(i)wholly or partially or as amended by the regulations; or

(ii)as in force at a particular time or as in force from time to time; and

(e)may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

(f)may provide in a specified case or class of case for the exemption of people or things from any of the provisions of this Act or the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and

(g)may impose a penalty not exceeding 20 penalty units for a contravention of the regulations; and

(h)may be expressed as requiring the achievement of a specified object in relation to any particular subject matter.

PART 17—CONSEQUENTIAL, SAVINGS AND TRANSITIONAL PROVISIONS

Division 1—Transitional provisions—Repeal of Petroleum Act 1958

253Repeal of former Act

The Petroleum Act 1958 is repealed.

254Effect of repeal on existing permits

(1)In this section petroleum exploration permit means any petroleum exploration permit that was in force under the Petroleum Act 1958 immediately before this section came into operation.

(2)Every petroleum exploration permit is deemed to be an exploration permit—

(a)that is subject to all the conditions and restrictions that applied to the permit immediately before this section came into operation (including the restrictions imposed directly by the Petroleum Act 1958 that were current at that time); and

(b)that is to expire on the date it would have expired if the Petroleum Act 1958 had not been repealed (unless it is surrendered or cancelled before that date under this Act).

(3)Any right to extend a petroleum exploration permit is extinguished.  However, a deemed exploration permit may be renewed in accordance with this Act.

(4)If an application to extend a petroleum exploration permit was made to the Minister in accordance with section 68 of the Petroleum Act 1958 and had not been determined at the time this section came into operation, then the application is to be treated as if it was an application for the renewal of an exploration permit under this Act.

(5)The conditions and restrictions that apply to a deemed exploration permit may be varied in accordance with this Act.

(6)For the purposes of subsection (5), a restriction is to be treated as if it was a condition.

(7)On the application of the holder of a deemed exploration permit, the Minister may grant a renewed exploration permit without reducing the permit area, or without reducing it by at least 50%, even if none of the requirements listed in section 32(4) have been satisfied.

255Effect of repeal on existing leases

(1)In this section petroleum lease means any petroleum lease that was in force under the Petroleum Act 1958 immediately before this section came into operation.

(2)Every petroleum lease is deemed to be a production licence—

(a)that is subject to all the conditions and restrictions that applied to the petroleum lease immediately before this section came into operation (including the restrictions imposed directly by the Petroleum Act 1958 that were current at that time); and

(b)that continues in force until it is surrendered or cancelled under this Act, irrespective of the date on which it would have expired if the Petroleum Act 1958 had not been repealed.

(3)Any right to renew a petroleum lease is extinguished.

(4)The conditions and restrictions that apply to a deemed production licence may be varied or suspended in accordance with this Act.

(5)For the purposes of subsection (4), a restriction is to be treated as if it was a condition.

(6)Despite anything to the contrary in this Act, the holder of a deemed production licence is only required to comply with the following provisions on and from the second anniversary of the commencement of this section or such other time as may be agreed between the holder and the Minister—

(a)Division 6 of Part 5;

(b)Division 7 of Part 5;

(c)sections 161 to 163.

256Release of information provided under the Petroleum Act 1958

(1)In this section, interpretive information means any matter contained in a document that is, in the opinion of the Minister, an opinion or conclusion that is at least partly based on information relating to the sub-soil or the petroleum in part of an area to which a petroleum exploration permit or a petroleum lease applied.

(2)The Minister may release any interpretive information given to the Minister under the Petroleum Act 1958, before it was repealed, by the holder of a petroleum exploration permit or a petroleum lease at any time after the expiry of 5 years from the date section 253 came into operation.

(3)Sections 194 and 195 apply to the release of information under this section.

(4)If the Minister publishes guidelines under section 184 concerning the identification of interpretive information, those guidelines also apply for the purposes of this section.

*                *                *                *                *

Division 2—Transitional provisions—Petroleum Legislation Amendment Act 2020

257Definitions

In this Division—

accepted operation plan means, in relation to an authority, an operation plan that applies to the authority that was accepted by the Minister in accordance with section 161 before the commencement of the Resources Legislation Amendment (Fracking Ban) Act 2017;

moratorium commencement means the day on which the Resources Legislation Amendment (Fracking Ban) Act 2017 came into operation;

moratorium period has the same meaning as in section 17A;

relevant authority means an exploration permit, a retention lease or a production licence—

(a)that is in force immediately before the moratorium commencement; and

(b)to which an accepted operation plan applied immediately before the moratorium commencement; and

(c)that is not a production licence specified in section 17A(3).

258Suspension of conditions

(1)Despite anything to the contrary in section 105, if a condition of a relevant authority was suspended immediately before section 6 of the Petroleum Legislation Amendment Act 2020 comes into operation, the condition is taken to be suspended until 1 July 2021.

(2)The suspension of a condition referred to in subsection (1) is taken to be subject to the same conditions imposed in relation to the suspension that were in place immediately before section 6 of the Petroleum Legislation Amendment Act 2020 comes into operation.

259Term of authority may be extended if condition suspended

Despite anything to the contrary in section 106, the term of a relevant authority is taken to be extended until 1 July 2021 if—

(a)the term of the authority was extended under section 106; and

(b)section 6 of the Petroleum Legislation Amendment Act 2020 came into operation during the period of that extension.

260New work programs

(1)Despite anything to the contrary in this Act, the holder of an exploration permit or a retention lease in force immediately before the moratorium commencement must, before 1 January 2021, submit to the Minister a work program in relation to the permit or lease.

(2)In the case of a holder of a retention lease who does not intend to carry out any petroleum operations under the lease, it is sufficient compliance with subsection (1) if the holder submits a document declaring that intention.

(3)On receiving a work program under subsection (1), the Minister must approve or refuse to approve the work program.

(4)Despite anything to the contrary in this Act, if the Minister approves a work program (the new work program) under subsection (3)—

(a)the new work program is taken to be the work program submitted in relation to the exploration permit or retention lease under section 96; and

(b)in the case of a work program submitted in relation to an exploration permit, the Minister must declare in writing that certain specified elements of the new work program are the key objects of the new work program.

261Exploration permits

(1)Despite anything to the contrary in this Act, if an exploration permit is in force immediately before the moratorium commencement—

(a)if the exploration permit was renewed before the moratorium commencement, the date on which the permit is taken to expire is 5 years from the day after the day on which the moratorium period ends, unless the permit is cancelled or surrendered earlier; and

(b)in any other case, for the purposes of section 26, the day on which the permit is taken to have been registered in the petroleum register is the day after the day on which the moratorium period ends.

(2)Despite anything to the contrary in section 102, if an exploration permit is in force immediately before the moratorium commencement, the Minister may vary any condition imposed on the permit that is in force immediately before the commencement of section 29 of the Petroleum Legislation Amendment Act 2020.

262Retention leases

(1)Despite anything to the contrary in this Act, if a retention lease is in force immediately before the moratorium commencement—

(a)for the purposes of section 42, the day on which the lease is taken to have been registered in the petroleum register is the day after the day on which the moratorium period ends; and

(b)the date on which the lease is taken to expire is 5 years from the day after the day on which the moratorium period ends.

(2)Despite anything to the contrary in section 102, if a retention lease is in force immediately before the moratorium commencement, the Minister may vary any condition imposed on the lease that is in force immediately before the commencement of section 29 of the Petroleum Legislation Amendment Act 2020.

263Work programs—hydraulic fracturing

(1)This section applies if a work program in force immediately before the moratorium commencement provides that the work under the relevant authority to which the work program relates includes any hydraulic fracturing.

(2)Despite anything to the contrary in this or any other Act—

(a)that provision is taken to no longer form part of the work program; and

(b)the holder of the authority is not required to comply with the provision; and

(c)the holder is not taken to have failed to comply with the work program or this Act or any other Act merely because the holder has not complied with the provision.

264Requirement for new or varied operation plans

(1)Despite anything in Division 1 of Part 11, before carrying out a petroleum operation under a relevant authority on or after 1 July 2021, the holder of the relevant authority must—

(a)give the Minister a new operation plan in accordance with section 161(1) that replaces the accepted operation plan in relation to the petroleum operation; or

(b)apply to vary the accepted operation plan under section 163.

(2)If the holder of the relevant authority applies to vary the accepted operation plan, the proposed variation must include any of the following that were not identified, specified or set out in the accepted operation plan—

(a)risks that the petroleum operation may pose to the environment, to any member of the public, land or property in the vicinity of the operation and to any petroleum, source of petroleum or reservoir that the operation might affect;

(b)measures that the holder of the relevant authority will take to eliminate or minimise those risks;

(c)measures that the holder of the authority will take to rehabilitate the land that will be affected by the operation;

(d)other matters required by the regulations.

(3)The holder of the relevant authority must not carry out the petroleum operation unless—

(a)if the holder gives the Minister a new operation plan, the Minister has accepted the new operation plan in writing; or

(b)if the holder has applied to vary the accepted operation plan, the Minister permits the holder to vary the accepted operation plan.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 3 September 1998

Legislative Council: 21 October 1998

The long title for the Bill for this Act was "A Bill to repeal and re-enact, with amendments, the Petroleum Act 1958 and for other purposes."

The Petroleum Act 1998 was assented to on 24 November 1998 and came into operation as follows:

Part 1 (sections 1–10) on 24 November 1998: section 2(1); rest of Act on 1 December 1999: section 2(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Petroleum Act 1998 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Fisheries (Amendment) Act 2003, No. 56/2003

Assent Date:	16.6.03
Commencement Date:	S. 11(Sch. item 14) on 17.6.03: s. 2
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Occupational Health and Safety Act 2004, No. 107/2004

Assent Date:	21.12.04
Commencement Date:	S. 183 on 1.7.05: s. 3(1)
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Pipelines Act 2005, No. 61/2005

Assent Date:	20.9.05
Commencement Date:	S. 220 on 1.4.07: Government Gazette 29.3.07 p. 532
CurrentState:	This information relates only to the provisions amending the Petroleum Act 1998

Aboriginal Heritage Act 2006, No. 16/2006

Assent Date:	9.5.06
Commencement Date:	S. 198(Sch. 2 item 6) on 28.5.07: Government Gazette 24.5.07 p. 921
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 27) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Energy and Resources Legislation Amendment Act 2008, No. 25/2008

Assent Date:	3.6.08
Commencement Date:	S. 21 on 4.6.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Energy and Resources Legislation Amendment Act 2009, No. 57/2009

Assent Date:	21.10.09
Commencement Date:	Ss 35–41 on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010

Assent Date:	23.3.10
Commencement Date:	S. 800(Sch. 6 item 11) on 1.1.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Energy and Resources Legislation Amendment Act 2010, No. 55/2010

Assent Date:	14.9.10
Commencement Date:	Ss 57–65 on 14.10.10: Government Gazette 14.10.10 p. 2404
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Traditional Owner Settlement Act 2010, No. 62/2010

Assent Date:	21.9.10
Commencement Date:	S. 144 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010

Assent Date:	19.10.10
Commencement Date:	S. 30 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 67) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012

Assent Date:	3.4.12
Commencement Date:	S. 93 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Resources Legislation Amendment (General) Act 2012, No. 64/2012

Assent Date:	30.10.12
Commencement Date:	Ss 46–61 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 34) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, No. 68/2014

Assent Date:	23.9.14
Commencement Date:	Ss 70, 71 on 1.9.15: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Resources Legislation Amendment (Fracking Ban) Act 2017, No. 8/2017

Assent Date:	15.3.17
Commencement Date:	Ss 8–11 on 16.3.17: s. 2
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 48 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Petroleum Legislation Amendment Act 2020, No. 20/2020

Assent Date:	23.6.20
Commencement Date:	Ss 5, 6, 24, 26, 27 on 24.6.20: s. 2(2); s. 28 on 6.10.20: Special Gazette (No. 504) 6.10.20. p. 1; ss 4, 7–23, 25, 29 on 1.7.21: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 4(Sch. 2 item 21) on 22.10.25: s. 2
CurrentState:	This information relates only to the provision/s amending the Petroleum Act 1998

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Pt 9: Section 128 also effectively requires the consent of the owner or occupier of private land before any petroleum operation can start on that land.

[2] Pt 9 Div. 1: Section 40(2) of the National Parks Act 1975 forbids petroleum operations on any land that is a national, State or other park under the National Parks Act 1975 without the consent of the Minister responsible for that Act.