Petroleum Act Amendment Act 1966 (WA)

No. 85.] Petroleum. [1966.

PETROLEUM.

No. 85 of 1966.

AN ACT to amend the Petroleum Act, 1936-1954 and to declare valid certain permits to explore and licenses to prospect, and for other purposes.

[Assented to 12th December, 1966.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Petroleum

Act Amendment Act, 1966.

Vol. 9	(2)	In this Act, the Petroleum Act, 1936-1954, is
Reprinted
Acts

approved referred to as the principal Act.

for reprint 28th July, 1955. (3) The principal Act as amended by this Act

may be cited as the Petroleum Act, 1936-1966.

1966.] Petroleum. [No. 85.

S. 5A

2. The principal Act is amended by adding after added.

section five a section as follows-

Power

5A. (1) Notwithstanding the Land Act, 1933,

to declare

certain

or any other Act, the Governor, by proclamation,

reserves

Crown land

may declare that any land of the Crown or part

for purposes

thereof reserved for or dedicated to any public

of, and toapply, this

purpose under any Act and howsoever classified

Act thereto.

that

(a) is not Crown land within the meaning of that expression in section four of this Act; and

(b) is specified in the proclamation,

is Crown land for the purposes of this Act, and is land to which this Act applies, so long as the proclamation remains in force.

(2) Subject to this Act, a proclamation made

under subsection (1) of this section

(a)	does not otherwise affect the purpose for which any land specified therein was reserved or dedicated; and
(b)	may, at any time by proclamation, be revoked or varied. .

S. 5B

3. The principal Act is amended by adding a added.

section as follows-

Reserve No.

5B. It is hereby declared that A11648 Barrow

(a) the land of the Crown comprising Barrow Island reserved for a public	Island
Crown land
for purpose
of this Act.

purpose under the Land Act, 1933, as reserve No. 11648 and classified as of Class "A" shall be deemed to be, and to have always been, Crown land for the purposes of this Act;

Certain

(b) a permit to explore or license to permits to explore and

prospect issued or granted under this	licenses to
Prospect
Act or purporting to have been so	valid.

No. 85.] Petroleum. [1966.

issued or granted before the commence- ment of this section in respect of the land comprised in the reserve referred to in paragraph (a) of this section, shall be deemed to have been always lawfully issued or granted under this Act and a petroleum lease may be issued under this Act in respect of that land in such form and containing such additional reservations, covenants and conditions in addition to those pre- scribed by or under this Act as the Governor approves;

Reserve land

excluded	(e) subject to paragraphs (a) and (b) of
from certain

permits	this section, a permit to explore or
to explore
and licenses	license to prospect issued or granted
to prospect.	under this Act before the commence- ment of this section in respect of an area of land that includes any land of the Crown reserved for or dedicated to any public purpose under the Land Act, 1933, or any other Act, and classified as of Class "A", and which is not Crown land within the meaning of that expression in section four of this Act-

(i)  shall be deemed to have been always lawfully issued or granted under this Act;

(ii)    shall, subject to this Act, con- tinue to apply to so much of the land in respect of which it is granted that is not so reserved or dedicated and so classified;

(iii)    shall not apply to the land or any part thereof so reserved or dedicated and so classified, until that land or part is declared pursuant to section five A of this Act, to be Crown land for the purposes thereof. .

1966.] Petroleum. [No. 85.

S. 78C

4. The principal Act is amended by adding after added.

section seventy-eight B a section as follows-

Power to

78C. (1) Where land is declared to be Crown

include

conditions

land for the purposes of this Act pursuant to	In permit, license or
section five A thereof, no permit to explore,	lease to protect
license to prospect or petroleum lease shall be	native fauna
issued or granted under this Act in respect to	and flora.
that land, or having been so issued or granted shall apply thereto as provided in subparagraph (iii) of paragraph (c) of section five B of this Act, unless the permit, license or lease complies with this section.
(2) A permit, license or lease referred to in subsection (1) of this section shall contain in addition to any other conditions that may be imposed under this Act, such conditions, if any, as the Governor may impose in accordance with subsection (3) of this section, on the joint recommendation of the Minister and the respective Ministers charged with the adminis- tration of the Native Flora Protection Act, 1935 and the Fauna Protection Act, 1950.
(3) Conditions may be imposed under this section for the purpose of ensuring so far as is practicable, that any mining operations carried out on the land under the authority of the permit, license or lease are carried out in such a manner as to minimise the risk of damage to any native fauna or flora on the land. .