Petroleum Amendment Regulations 1990 (WA)

5100 GOVERNMENT GAZETTE, WA [28 September 1990.

PETROLEUM ACT 1967
PETROLEUM AMENDMENT REGULATIONS 1990

Made by His Excellency the Governor in Executive Council.

Citation

1. These regulations may be cited as the Petroleum Amendment Regulations

1990.

Cornmencement

2. These regulations shall come into operation on the day fixed under section

2 (1) of the Acts Amendment (Petroleum) Act 1990.

Principal regulations
3. In these regulations the Petroleum Regulations 1987* are referred to as the

Principal regulations.

(*Published in the Gazette on 23 October 1987.1

Regulation 2 amended

4. Regulation 2 of the principal regulations is amended by inserting after—

(a) "permittee" wherever it occurs the following—

" , lessee "; and

(b) "permit" in paragraph (b) the following—

" , lease ".

Regulations 3 to 5 and

Schedules 1 and 2 inserted

5. After regulation 2 of the principal regulations, the following regulations and

Schedules are inserted—

Prescribed fees, rates and sums

" 3. (1) For the purposes of a provision of the Act specified in Column 2 of Schedule 1, the prescribed fee is the amount specified in Column 3 of that Schedule opposite to that provision.

(2) For the purposes of section 81(2) of the Act, the prescribed rate is a

rate of $2.00 per page.

(3) The sum prescribed for the purposes of—

(a) subparagraph (i) of section 108 (1) (a) of the Act is $30 000.00; and

subparagraph (ii) of section 108 (1) (a) of the Act is $300 000.00. (4) For the purposes of section 112 (la) (b), (2) (b), (5) (c) and (5a) (b) of the Act, the prescribed fee is .an amount equal to the sum of the following amounts—

(b)

(a) if the information requested is contained in a document and the

document is lent to the person who made that request, an amount calculated at the rate of $25 per day or part of a day during which the document containing that information is on loan to that person;

cutting or sample;

(b) if the information requested is contained in a document and the

document is not readily available and a search is necessary to locate that information, an amount calculated at the rate of $25 per hour or part of an hour after the first half hour for the time taken to locate that information;

(c) if any information referred to in paragraph (a) or (b) is, on the

application of the person making the request concerned—

(i) copied or reproduced; or

(ii) forwarded or consigned to that person,

an amount equal to all costs incurred in that copying or reproduc- tion or forwarding or consignment, including the costs of packaging when applicable.

(5) For the purposes of section 112 (3) (b) and (5) (d) of the Act, the

prescribed fee is an amount equal to the sum of the following amounts—

(a) if the relevant core, cutting or sample is lent to the person who

made the request concerned, an amount calculated at the rate of $25 per day or part of a day during which that core, cutting or sample is on loan to that person;

(b) if the relevant core, cutting or sample is not readily available and

a search is necessary to locate that core, cutting or sample, an amount calculated at the rate of $25 per hour or part of an hour after the first half hour for the time taken to locate that core,

28 September 1990.1 GOVERNMENT GAZETTE, WA 5101

(c) if the relevant core, cutting or sample is, on the application of the person making the request concerned, forwarded or consigned to that person, an amount equal to all costs incurred in that forwarding or consignment, including the costs of packaging when applicable.

(6) For the purposes of section 137 (b) of the Act, the prescribed rate is a rate of $50.00.

(7) For the purposes of section 137A of the Act, the prescribed rate is a rate of $6 000.00.

(8) For the purposes of section 138 of the Act, the prescribed rate is a rate of $18 000.00.

Form of instrument of transfer

4. For the purposes of section 72 (3) (a) of the Act, the prescribed form of an

instrument of transfer is the form set out in Schedule 2.

Instrument under section 75 (4) (b) of Act
5. (1) For the purposes of section 75 (4) (b) of the Act, the following particulars

are prescribed—

(a)	description and date of execution of the instrument evidencing the dealing referred to in section 75 (4) (a) of the Act (in this subregulation referred to as "the dealing');
(b)	details of the title (including the type and number of the title) to which the dealing relates;

(c) full name and business address of each party to the dealing;

(d)	details of the effect or effects, on registration, of the dealing specified in the relevant paragraph or paragraphs of section 75 (1) of the Act;
(e)	details of the interest or interests in the title of all parties to the dealing—

(i) before the registration of the dealing; and

(ii) in the event of approval of the dealing, after the registra- tion of the dealing;

(1) in the case of a dealing to which section 4 (5) (a) of the Petroleum

(Registration Fees) Act 1967 applies, the value of the consideration;

(g)	in the case of a dealing relating to an interest in a licence to which section 4 (5) (b) of the Petroleum (Registration Fees) Act 1967 applies, the value of the interest;
(h)	whether or not the parties to the dealing have made or propose to make an application for the purposes of section 4 (7) of the Petroleum (Registration Fees) Act 1967;
(j)	in respect of any related dealing in relation to which an entry has

been made in the Register or an application in writing for approval

by the Minister has been lodged (whether before or after the day

fixed under section 2 (1) of the Acts Amendment (Petroleum) Act

1990) —

(i) description and date of execution of the instrument evi- dencing the dealing;

(ii) date of approval by the Minister (if appropriate); and

(iii) registration number (if any).

(2) In subregulation (1)—

"related dealing" means any dealing executed, before the execution of the instrument evidencing the dealing referred to in subreg- ulation (1) (a), by some or all of the parties to that instru- ment—

(a) that affects the title which is the subject of the dealing to which the instrument referred to in subregulation (1) (a) relates; and

(b) that—

(i) creates or assigns an option to enter into the dealing referred to in subregulation (1) (a);

(ii) creates or assigns a right to enter into the dealing referred to in subregulation (1) (a); or

5102 GOVERNMENT GAZETTE, WA [28 September 1990.

(iii)is altered or terminated by the dealing referred to in subregulation (1) (a),

and includes any transaction in respect of which an instrument was registered under section 75 of the Act before the day fixed under section 2 (1) of the Acts Amendment (Petroleum) Act 1990.

Schedule 1 (Regulation 3 (1))

Prescribed Fees

Column 1 Column 2 Column 3

Item Provision of Act Amount of

prescribed fee

1	Section 31 (1) (f)	$3 000.00
2	Section 34 (1) (a)	$3 000.00
3	Section 40 (2) (c)	$1 200.00
4	Section 48A (2) (e)	$1 200.00
5	Section 48F (2) (d)	$1 200.00
6	Section 51 (1) (e)	$1 200.00
7	Section 58 (1) (a)	$3 000.00
8	Section 61 (2) (e)	$600.00
9	Section 64 (2) (d)	$1 200.00
10	Section 73 (2)	$60.00
11	Section 73 (3) (b)	$60.00
12	Section 80 (1)	$12.00
13	Section 81 (3)	$30.00
14	Section 105 (2) (d)	$600.00
15	Section 137 (a)	$1 000.00

SCHEDULE 2 (Regulation 4)

PETROLEUM ACT 1967
PETROLEUM REGULATIONS 1987

Form of Instrument of Transfer of Title Under section 72 of Petroleum Act 1967

(2)

being the registered holder/holders"' of 3
in consideration of'

hereby transfer all right, title and interest in that(3)

tot5

In witness of this transfer the parties to the transfer have affixed their respective common seals or signatures below on this

day of 19

(6) (7)

(1)	Delete whichever is inapplicable.
(2)	Here insert the name of the transferor, or, if there are 2 or more transferors,
the name of each transferor.
(3)	Here insert the type (e.g. exploration permit, production licence), and
number, of the property transferred that is a title within the meaning of section 72 of the Act.
(4)	Here insert the value of the consideration for the transfer or the value of
the title transferred. If the transfer of the title is pursuant to a dealing which has been approved and registered under the Act, insert a reference that is sufficient to identify that dealing.
(5)	Here insert the name and address of the transferee, or, if there are 2 or more
transferees, the name and address of each transferee.
(6)	Here affix the common seal or signature of the transferor or of each
transferor, as the case may be.
(7)	Here affix the common seal or signature of the transferee or of each
transferee, as the case may be. ".

By His Excellency's Command,

M. C. WAUCHOPE, Clerk of the Council.