Petroleum and Energy Legislation Amendment Act 2010 (WA)

Western Australia

Petroleum and Energy Legislation Amendment

Act 2010

Western Australia

Petroleum and Energy Legislation Amendment

Act 2010

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — *Petroleum and Geothermal*

Energy Resources Act 1967

amended

3.	Act amended	3
4.	Section 5 amended	3
5.	Section 6A inserted	4

6A.

Effect of alteration of inshore area

6.	Section 31 amended	5
7.	Section 32A inserted	5

32A.

More than one permit application for same

block or blocks

8.	Section 32 amended	7
9.	Sections 33A, 33B and 33C inserted	7

33A.	Withdrawal of application	7
33B.	Application continued after withdrawal of
joint applicant	7
33C.	Effect of withdrawal or lapse of section 30
application	8

10.	Section 33 amended	9
11.	Section 34 amended	9
12.	Section 35 amended	9
13.	Section 36 amended	9

Petroleum and Energy Legislation Amendment Act 2010

Contents

14.	Section 37 amended	10
15.	Section 39 amended	10
16.	Section 40 amended	11
17.	Section 41 amended	11
18.	Section 42A inserted	13

42A.

Certain permits cannot be renewed more

than twice

19.	Section 43B amended	13
20.	Section 43CA inserted	14

43CA.

More than one drilling reservation

application for same block or blocks

21.

Sections 43DA, 43DB and 43DC inserted

43DA.	Withdrawal of application	15
43DB.	Application continued after withdrawal of
joint applicant	15
43DC.	Effect of withdrawal or lapse of
section 43A application	16

22.	Section 44 amended	17
23.	Section 45 deleted	17
24.	Section 47 amended	17
25.	Section 48A amended	18
26.	Section 48B amended	18
27.	Section 48BA amended	20
28.	Sections 48CA, 48CB and 48CC inserted	20

48CA.	Application by licensee for lease	20
48CB.	Grant or refusal of lease in relation to
application by licensee	23
48CC.	Application of sections 48CA and 48CB if
licence is transferred	25

29.	Section 48F amended	26
30.	Section 48J replaced	26

48J.

Discovery of petroleum or geothermal

energy resources to be notified

31.	Section 51 amended	26
32.	Section 52 amended	26
33.	Section 53 amended	27
34.	Section 54 amended	29
35.	Section 55 amended	29
36.	Section 57 amended	29
37.	Section 58 amended	29
38.	Section 59 amended	29
39.	Section 60 amended	30
40.	Section 61 amended	30

Petroleum and Energy Legislation Amendment Act 2010

Contents

41.	Section 63 amended	30
42.	Section 64A inserted	31

64A.

Termination of licence if no operations for

5 years

43.	Section 64 amended	32
44.	Section 65 amended	32
45.	Section 70 amended	33
46.	Section 94 deleted	33
47.	Sections 103 and 104 deleted	33
48.	Section 105 amended	33
49.	Section 106 amended	33
50.	Section 109 amended	34
51.	Section 112 deleted	35
52.	Section 114 deleted	35
53.	Section 116A inserted	35

116A.

Data management: regulations

54.	Section 117 amended	36
55.	Section 128 amended	36
56.	Section 134A amended	37
57.	Part IVA inserted	38
Part IVA — Release of information Division 1 — Preliminary

150A.

Terms used

Division 2 — Protection of confidentiality of

information and samples

Subdivision 1 — Information and samples obtained

by the Minister

150B.

Protection of confidentiality of information

obtained by the Minister

150C.

Protection of confidentiality of samples

obtained by the Minister

150D.

Information or samples obtained by

Minister can be made available to certain

persons

Subdivision 2 — Information and samples obtained

by another Minister

150E.

Protection of confidentiality of information

obtained by another Minister

150F.

Protection of confidentiality of samples

obtained by another Minister

150G.

Information or samples obtained by

another Minister can be made available to

certain persons

Petroleum and Energy Legislation Amendment Act 2010

Contents

Subdivision 3 — Miscellaneous

150H.

Fees

58.	Section 153 amended	42
59.	Section 154 inserted	43

154.

Further transitional provisions

60.	Schedule 1 amended	44
61.	Schedule 2 inserted	46
Schedule 2 — Further transitional provisions
Division 1 — Provisions for *Petroleum and Energy*

Legislation Amendment Act 2010

1.	Terms used	46
2.	Section 41(5) (permit renewals)	46
3.	Section 112 (release of information)	46

62.	Various penalties amended	47
Part 3 — *Petroleum (Submerged*

Lands) Act 1982 amended

63.	Act amended	51
64.	Section 3 amended	51
65.	Section 4 amended	51
66.	Section 5 amended	53
67.	Sections 6A and 6B inserted	54

6A.	Effect of alteration of adjacent area	54
6B.	Infrastructure facilities	56

68.	Section 6 amended	57
69.	Part II heading amended	57
70.	Section 11 replaced	58

11.

Terms used

71.	Section 12 amended	58
72.	Section 13 amended	59
73.	Section 14 amended	59
74.	Section 15 amended	59
75.	Section 18 amended	60
76.	Section 21 amended	60
77.	Section 22A inserted	60

22A.

Competing applications for a block

78.

Sections 23A, 23B and 23C inserted

23A.	Withdrawal of application	62
23B.	Application continued after withdrawal of
joint applicant	62
23C.	Effect of withdrawal or lapse of application	63

79.

Section 23 amended

Petroleum and Energy Legislation Amendment Act 2010

Contents

80.	Section 24 amended	64
81.	Section 25 amended	64
82.	Section 26 amended	64
83.	Section 27 amended	64
84.	Section 29 amended	65
85.	Section 30 amended	66
86.	Section 31 amended	66
87.	Section 32A inserted	67

32A.

Certain permits cannot be renewed more

than twice

88.

Section 34 replaced

34.

Discovery of petroleum to be notified

89.	Section 35 deleted	68
90.	Section 37 amended	69
91.	Section 38A amended	69
92.	Section 38B amended	69
93.	Sections 38CA, 38CB and 38CC inserted	70

38CA.	Application by licensee for lease	70
38CB.	Grant or refusal of lease in relation to
application by licensee	72
38CC.	Application of sections 38CA and 38CB if
licence is transferred	74

94.	Section 38F amended	74
95.	Section 38J replaced	74

38J.

Discovery of petroleum to be notified

96.	Section 38K deleted	75
97.	Section 41 amended	75
98.	Section 43 amended	75
99.	Section 44 amended	76
100.	Section 44A amended	77
101.	Section 45 amended	78
102.	Section 47 amended	78
103.	Section 48 amended	78
104.	Section 49 amended	78
105.	Section 50 amended	79
106.	Section 51 amended	79
107.	Section 53 amended	79
108.	Section 54A inserted	80

54A.

Termination of licence if no operations for

5 years

109.	Section 54 amended	81
110.	Section 55 amended	81
111.	Section 59 amended	81

Petroleum and Energy Legislation Amendment Act 2010

Contents

112.	Part III Division 4A inserted	82
Division 4A — Infrastructure licences

60A.	Construction etc. of infrastructure facilities	82
60B.	Application for infrastructure licence	82
60C.	Notification as to grant of infrastructure
licence	83
60D.	Notices to be given by Minister	83
60E.	Grant of infrastructure licence	85
60F.	Rights conferred by infrastructure licence	86
60G.	Term of infrastructure licence	86
60H.	Termination of infrastructure licence if no
operations for 5 years	86
60I.	Conditions of infrastructure licence	87
60J.	Variation of infrastructure licence	87

113.

Sections 59A and 59B replaced

60K.

Term used: adjacent area

114.	Section 60 amended	90
115.	Section 61 amended	91
116.	Section 62 amended	91
117.	Section 64 amended	92
118.	Section 65 amended	92
119.	Section 67 amended	92
120.	Section 68 replaced	93

68. Termination of pipeline licence if no

operations for 5 years

121.	Section 69 deleted	94
122.	Section 70 amended	94
123.	Section 71 amended	94
124.	Section 72 amended	94
125.	Section 74J amended	94
126.	Section 76 amended	94
127.	Section 81A amended	95
128.	Section 93 amended	95
129.	Section 94 replaced	95

94. Notice of grants of permits etc. to be

published

130.	Section 95 amended	96
131.	Section 96 amended	97
132.	Section 97 amended	97
133.	Section 97A amended	98
134.	Section 98 amended	99
135.	Section 100 deleted	99
136.	Section 101 amended	99

Petroleum and Energy Legislation Amendment Act 2010

Contents

137.	Section 102 amended	100
138.	Section 103 amended	100
139.	Section 104 amended	102
140.	Section 105 amended	102
141.	Section 106 replaced	104

106. Cancellation of permit etc. not affected by

other provisions

104

142.	Section 107 amended	105
143.	Section 108 replaced	107

108.

Removal of property etc. by Minister

107

144.	Sections 109 and 110 deleted	109
145.	Section 111 amended	109
146.	Section 112 amended	109
147.	Section 113 amended	109
148.	Section 115 amended	110
149.	Section 118 deleted	110
150.	Section 121 deleted	110
151.	Section 122 amended	111
152.	Section 123A inserted	111

123A.

Data management: regulations

111

153.	Section 124 amended	112
154.	Section 124A amended	112
155.	Section 125 amended	112
156.	Section 126 amended	113
157.	Section 134 amended	113
158.	Section 138A amended	113
159.	Section 141A inserted	114

141A.

Infrastructure licence fees

114

160.	Section 142 amended	114
161.	Section 150 amended	114
162.	Section 151 amended	114
163.	Part IVA inserted	115
Part IVA — Release of information Division 1 — Preliminary

152A.

Terms used

115

Division 2 — Protection of confidentiality of

information and samples

Subdivision 1 — Information and samples obtained

by the Minister

152B.

Protection of confidentiality of information

obtained by the Minister

116

Petroleum and Energy Legislation Amendment Act 2010

Contents

152C.

Protection of confidentiality of samples

obtained by the Minister

116

152D.

Information or samples obtained by

Minister can be made available to certain

persons

117

Subdivision 2 — Information and samples obtained

by another Minister

152E.

Protection of confidentiality of information

obtained by another Minister

117

152F.

Protection of confidentiality of samples

obtained by another Minister

118

152G.

Information or samples obtained by

another Minister can be made available to

certain persons

118

Subdivision 3 — Miscellaneous

152H.

Fees

119

164.	Part IV heading amended	119
165.	Section 152 amended	119
166.	Section 153 inserted	121

153.

Transitional provisions

121

167.	Schedule 1 deleted	122
168.	Schedule 2 replaced	122
Schedule 2 — Scheduled area for Western Australia
169.	Schedules 3 and 4 replaced	128
Schedule 3 — Transitional provisions
Division 1 — Provisions for *Petroleum and Energy*

Legislation Amendment Act 2010

1.	Term used: amending Act	128
2.	Section 31 (permit renewals)	128
3.	Section 70 (conditions of pipeline licence)	129
4.	Section 118 (release of information)	129
5.	Section 3 and Schedules 3 and 4 (former
transitional provisions)	130

170.	Schedule 5 amended	130
171.	Various penalties amended	131
Part 4 — *Petroleum Pipelines*

Act 1969 amended

172.	Act amended	133
173.	Section 4 amended	133
174.	Section 8 amended	133
175.	Section 11 deleted	133
176.	Section 14 replaced	134

Petroleum and Energy Legislation Amendment Act 2010

Contents

14.	Term of licence	134
15A.	Termination of pipeline licence if no
operations for 5 years	134

177.	Section 15 amended	135
178.	Section 47A deleted	135
179.	Section 61 replaced	136

61.

Power of Minister to delegate

136

180.	Section 67 amended	136
181.	Schedule 1 amended	137
182.	Various penalties amended	138
Part 5 — Other Acts amended
183.	Crimes at Sea Act 2000 amended	141
184.	National Gas Access (WA) Act 2009 amended	143
185.	Petroleum (Submerged Lands) Registration Fees
Act 1982 amended	143
186.	Workers’ Compensation and Injury Management
Act 1981 amended	143

Western Australia

Petroleum and Energy Legislation Amendment

Act 2010

No. 42 of 2010

An Act to amend —

•	the **Petroleum and Geothermal Energy Resources Act 1967; and**

• the Petroleum (Submerged Lands) Act 1982; and

and other Acts to reflect relevant legislation of the Parliament of the

Commonwealth and for other purposes.

•	the *Petroleum Pipelines Act 1969*,

[Assented to 28 October 2010]

The Parliament of Western Australia enacts as follows:

Petroleum and Energy Legislation Amendment Act 2010

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the Petroleum and Energy Legislation Amendment

Act 2010.

2. Commencement

This Act comes into operation as follows —

(a)	Part 1 comes into operation on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act comes into operation on a day fixed by proclamation, and different days may be fixed for different provisions.

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 3

Part 2 — Petroleum and Geothermal Energy Resources

Act 1967 amended

3. Act amended

This Part amends the Petroleum and Geothermal Energy

Resources Act 1967.

4. Section 5 amended

(1)	In section 5(1) insert in alphabetical order:

Barrow Island lease has the meaning given in

section 128;

(2)

In section 5(1) in the definition of listed OSH law after each of

paragraphs (a), (b) and (c) insert:

(3)

In section 5(1) in the definition of operator:

(a)	after paragraph (d)(i) insert:

(b)	in paragraph (e) delete “lease, as defined in section 128, means the lessee, as defined in that section;” and insert:

lease as renewed, substituted or varied, means

the lessee as defined in section 128;

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 5

(4)	In section 5(1) in the definition of *petroleum*:

(a)	after paragraph (a) insert:

(b)	in paragraph (c) delete “hydrogen-sulphide,” and insert:

hydrogen sulphide,

(5)

In section 5(1) in the definition of petroleum operation

paragraph (d) delete “lease, as defined in section 128;” and

insert:

lease as renewed, substituted or varied;

5. Section 6A inserted

At the end of Part 1 insert:

6A.

Effect of alteration of inshore area

(1)

In this section —

inshore area means the area that comes within

paragraph (h) of the definition of Crown land in

section 5(1).

(2)

This section applies to a change to the boundary of the

inshore area whether occurring before, on or after the

day on which the Petroleum and Energy Legislation

Amendment Act 2010 section 5 comes into operation.

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 6

(3) If —

(a)	a permit, lease or licence has been granted on the basis that an area (the *affected area*) is within the inshore area; and
(b)	as a result of a change to boundary of the inshore area, the affected area ceases to be within the inshore area,

this Act applies in relation to the permit, lease or licence as if the affected area were still within the inshore area.

(4)	Subsection (3) continues to apply in relation to the affected area only while the permit, lease or licence remains in force.

6. Section 31 amended

Delete section 31(1)(a) and “and” after it.

7. Section 32A inserted

After section 31 insert:

32A.

More than one permit application for same block

or blocks

(1)	This section applies if —

(a)	2 or more applications are made under section 30 for the grant of a petroleum exploration permit for the same block or

blocks; or

(b)	2 or more applications are made under section 30 for the grant of a geothermal exploration permit for the same block or blocks.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 7

(2)	The Minister may grant the permit to whichever applicant, in the Minister’s opinion, is most deserving of the grant of the permit, having regard to criteria made publicly available by the Minister.
(3)	For the purposes of subsection (2), the Minister may rank the applicants in the order in which they are deserving of the grant, the most deserving applicant being ranked highest.
(4)	The Minister may exclude from the ranking any applicant that, in the Minister’s opinion, is not deserving of the grant of the permit.
(5)	If the Minister is of the opinion that, after considering the information accompanying the applications, 2 or more of the applicants are equally deserving of the grant of the permit, the Minister may, by written notice served on each of those applicants, invite them to give to the Minister, within the period stated in the notice, particulars of the applicant’s proposals for additional work and expenditure in respect of the block or blocks specified in the application, being particulars that the Minister considers to be relevant in determining which of the applicants is most deserving of the grant of the permit.
(6)	If any particulars are given by applicants to the Minister in accordance with the invitations contained in the notices served under subsection (5), the Minister shall have regard to the particulars in determining which of the applicants is most deserving of the grant of the permit.

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 8

8. Section 32 amended

(1)	Before section 32(1) insert:

(1A)

In sections 32, 33A and 33B —

permit application means an application for the grant

of a permit made under section 30 or 105(3)(a)(ii).

(2)

In section 32(1) delete “an application has been made under

section 30 or 105(3)(a)(ii),” and insert:

a permit application has been made,

9. Sections 33A, 33B and 33C inserted

After section 32 insert:

33A.	Withdrawal of application
The person who has made, or all the persons who have jointly made, a permit application may, by written notice served on the Minister, withdraw the application at any time before the permit is granted.
33B.	Application continued after withdrawal of joint applicant
If —

(a)	a permit application was a joint application; and
(b)	all of the joint applicants, by written notice served on the Minister, inform the Minister that one or more, but not all, of them, as specified in the notice, withdraw from the application,

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 9

the following paragraphs have effect —

(c)	the application continues in force as if it had been made by the remaining applicant or applicants;
(d)	if the Minister had informed the joint applicants to the effect that the Minister was prepared to grant to the applicants a permit in respect of the block or blocks to which the application relates, the Minister is taken not to have informed the applicants to that effect.

33C.

Effect of withdrawal or lapse of section 30

application

If —

(a)	2 or more applications have been made under section 30 for the grant of a permit in respect of the same block or blocks; and
(b)	one or more, but not all, of the applications are withdrawn or have lapsed,

the following paragraphs have effect —

(c)

the withdrawn or lapsed applications are taken not to have been made;

(d)

if the Minister had informed the applicant or one of the applicants whose application had been withdrawn or had lapsed to the effect that

applicant a permit in respect of the block or

blocks to which the application related — the

the Minister was prepared to grant to that applicant or applicants to that effect;

(e)	if the applicant or one of the applicants whose application had been withdrawn had requested the Minister under section 32(3) to grant a

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 10

permit to the applicant concerned — the request

is taken not to have been made;

(f)	if the Minister had refused to grant a permit to the remaining applicant or to any of the remaining applicants — the refusal or refusals are taken not to have occurred.

10. Section 33 amended

Delete section 33(4)(a).

11. Section 34 amended

In section 34(3) delete “shall not, unless the Minister otherwise

determines,” and insert:

shall not

12. Section 35 amended

In section 35(5)(b)(ii) delete “applicant or enter into an

agreement under section 103 in respect of that balance.” and

insert:

applicant.

13. Section 36 amended

(1)

In section 36(1)(b) delete “him or enter into an agreement under

section 103 in respect of that balance.” and insert:

the applicant.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 14

(2)

In section 36(2)(b) delete “him or entered into an agreement

under section 103 in respect of that balance,” and insert:

the applicant,

14. Section 37 amended

In section 37(b) delete “him or has entered into an agreement

under section 103 in respect of that balance,” and insert:

the applicant,

15. Section 39 amended

(1)	In section 39 delete “Subject” and insert:
(1) Subject
(2)	At the end of section 39 insert:
(2) If —

(a)

a permit in respect of a block or blocks cannot be renewed or further renewed; and

(b)

before the time when the permit would, apart from this subsection, expire, the permittee has duly made an application to the Minister for the

grant of a lease or licence in respect of the

block, or one or more of the blocks, being a

block or blocks that are included in a location,

the permit continues in force in respect of the block or

blocks to which the application relates until —

(c)	if the Minister tells the permittee that the Minister is prepared to grant to the permittee a

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 16

lease or licence in respect of the block, or one

or more of the blocks — such a lease or licence

is granted, the permittee withdraws the

application or the application lapses; or

(d)	if the Minister decides not to grant to the permittee such a lease — the end of the period of one year after the day of the service under section 48B(2) or (3A) of the instrument or notice refusing to grant the lease; or
(e)	if the Minister decides not to grant the permittee such a licence — notice of the decision is served on the permittee.

16. Section 40 amended

(1)	In section 40(1) delete “section 41,” and insert:
sections 41 and 42A,
(2)	Delete section 40(2)(a).

17. Section 41 amended

(1)

In section 41(1) delete “subsection (2a),” and insert:

subsections (3), (4) and (5),

(2)

Delete section 41(2a) to (6) and insert:

(3)	An application for the renewal of a permit may include, in addition to the blocks referred to in subsection (1), a block that is, or is included in, a location and in respect of which the permit is in force, or 2 or more such

blocks.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 17

(4)

If a permit is in force in respect of 5 or 6 blocks, an

application may be made for the renewal of the permit

in respect of one, 2, 3 or 4 of those blocks.

(5)

Subject to subsection (6) —

(a)	if a permit is in force in respect of 4 blocks, an application may be made for the renewal of the permit in respect of one, 2, 3 or all of those

blocks;

(b)	if a permit is in force in respect of 3 blocks, an application may be made for the renewal of the permit in respect of one, 2 or all of those

blocks;

(c)	if a permit is in force in respect of 2 blocks, an application may be made for the renewal of the permit in respect of either or both of those

blocks;

(d)	an application may be made for the renewal of a permit that is in force in respect of one block.

(6)	Despite sections 40(1) and 42, if a permit has been renewed as a result of an application referred to in subsection (5) —

(a)	the permittee is not entitled to apply for a further renewal of the permit; and
(b)	the Minister cannot grant a further renewal of the permit.

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 18

18. Section 42A inserted

After section 41 insert:

42A.

Certain permits cannot be renewed more than twice

(1)	This section applies to a permit if —

(a)	the permit was granted under section 32 —

(i) on or after the day of the coming into operation of the Petroleum and Energy Legislation Amendment Act 2010 section 18 (the commencement day); and

(ii) as a result of an application made in response to an invitation in an instrument that was published under section 30(1) on or after the commencement day;

(b)	the permit was granted under section 37 on or after the commencement day.

(2)	Despite sections 40(1) and 42, if a permit to which this section applies has been renewed twice —

(a)	the permittee is not entitled to apply for a further renewal of the permit; and
(b)	the Minister cannot grant a further renewal of the permit.

19. Section 43B amended

Delete section 43B(1)(a) and “and” after it.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 20

20. Section 43CA inserted

After section 43B insert:

43CA.

More than one drilling reservation application for

same block or blocks

(1)	This section applies if —

(a)	2 or more applications are made under section 43A for the grant of a petroleum drilling reservation for the same block or blocks; or
(b)	2 or more applications are made under section 43A for the grant of a geothermal drilling reservation for the same block or blocks.

(2)	The Minister may grant the drilling reservation to whichever applicant, in the Minister’s opinion, is most deserving of the grant of the drilling reservation, having regard to criteria made publicly available by the Minister.
(3)	For the purposes of subsection (2), the Minister may rank the applicants in the order in which they are deserving of the grant, the most deserving applicant being ranked highest.
(4)	The Minister may exclude from the ranking any applicant that, in the Minister’s opinion, is not deserving of the grant of the drilling reservation.
(5)	If the Minister is of the opinion that, after considering the information accompanying the applications, 2 or more of the applicants are equally deserving of the grant of the drilling reservation, the Minister may, by written notice served on each of those applicants, invite them to give to the Minister, within the period stated in

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 21

the notice, particulars of the applicant’s proposals for

additional work and expenditure in respect of the block

or blocks specified in the application, being particulars

that the Minister considers to be relevant in

determining which of the applicants is most deserving

of the grant of the drilling reservation.

(6)	If any particulars are given by applicants to the Minister in accordance with the invitations contained in the notices served under subsection (5), the Minister shall have regard to the particulars in determining which of the applicants is most deserving of the grant of the drilling reservation.

21. Sections 43DA, 43DB and 43DC inserted

After section 43C insert:

43DA. Withdrawal of application

(1)	In this section and section 43DB —
*drilling reservation application* means an application for the grant of a drilling reservation made under section 43A or 105(3)(a)(ii).
(2)	The person who has made, or all the persons who have jointly made, a drilling reservation application may, by written notice served on the Minister, withdraw the
application at any time before the drilling reservation is granted.

43DB.

Application continued after withdrawal of joint

applicant

If —

(a)	a drilling reservation application was a joint application; and

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 21

(b)	all of the joint applicants, by written notice served on the Minister, inform the Minister that one or more, but not all, of them, as specified in the notice, withdraw from the application,

the following paragraphs have effect —

(c)	the application continues in force as if it had been made by the remaining applicant or applicants;
(d)	if the Minister had informed the joint applicants to the effect that the Minister was prepared to grant to the applicants a drilling reservation in respect of the block or blocks to which the application relates, the Minister is taken not to have informed the applicants to that effect.

43DC.

Effect of withdrawal or lapse of section 43A

application

If —

(a)	2 or more applications have been made under section 43A for the grant of a drilling reservation in respect of the same block or blocks; and
(b)	one or more, but not all, of the applications are withdrawn or have lapsed,

the following paragraphs have effect —

(c)

the withdrawn or lapsed applications are taken not to have been made;

(d)

if the Minister had informed the applicant or one of the applicants whose application had been withdrawn or had lapsed to the effect that

the Minister was prepared to grant to that

applicant a drilling reservation in respect of the

block or blocks to which the application

related — the Minister is taken not to have

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 22

informed the applicant or applicants to that

effect;

(e)

if the applicant or one of the applicants whose application had been withdrawn had requested the Minister under section 43C(3) to grant a

drilling reservation to the applicant

concerned — the request is taken not to have

been made;

(f)

if the Minister had refused to grant a drilling reservation to the remaining applicant or to any of the remaining applicants — the refusal or refusals are taken not to have occurred.

22. Section 44 amended

(1)	Delete section 44(2), (2a) and (3).
(2)	In section 44 delete the Penalty and insert:

Penalty for an offence under subsection (1), (1a) or

(1b): a fine of $10 000.

23. Section 45 deleted

Delete section 45.

24. Section 47 amended

After section 47(6) insert:

(7)	The Minister may form an opinion for the purposes of this section if the Minister considers that there are reasonable grounds for forming the opinion having regard to any information in the Minister’s possession, whether provided by the permittee or otherwise.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 25

25. Section 48A amended

Delete section 48A(2)(a).

26. Section 48B amended

(1)	Delete section 48B(1) and insert:
(1) If —

(a)	an application has been made under section 48A(1); and
(b)	the applicant has furnished any further information as and when required by the Minister under section 48A(3); and
(c)	the Minister is satisfied that —

(i) the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and

(ii) the recovery of petroleum from that area is not, at the time of the application, commercially viable, but is likely to become commercially viable within the period of 15 years after that time,

the Minister shall, by written notice served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a petroleum retention

lease in respect of the block or blocks as to which the

Minister is satisfied as mentioned in paragraph (c).

(2A)

If —

(a)	an application has been made under section 48A(1a); and
(b)	the applicant has furnished any further information as and when required by the Minister under section 48A(3); and

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 26

(c)	the Minister is satisfied that —

(i) the area comprised in the block, or any one or more of the blocks, specified in the application contains geothermal

energy resources; and

(ii) the recovery of geothermal energy from that area is not, at the time of the application, commercially viable, but is likely to become commercially viable within the period of 15 years after that time,

the Minister shall, by written notice served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a geothermal

retention lease in respect of the block or blocks as to

which the Minister is satisfied as mentioned in

paragraph (c).

(2)	In section 48B(2)(b) delete “(1)(c) in relation to the blocks” and insert:

(1)(c) or (2A)(c), whichever is applicable, in

relation to the block, or all the blocks,

(3)	After section 48B(2) insert:

(3A)

If —

(a)	an application has been made under section 48A specifying 2 or more blocks; and
(b)	the Minister is not satisfied as mentioned in subsection (1)(c) or (2A)(c), whichever is

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 27

applicable, in relation to one or more, but not

all, of the blocks,

the Minister shall, by notice in writing served on the

applicant, refuse to grant a lease to the applicant in

respect of the block or blocks as to which the Minister

is not satisfied as mentioned in subsection (1)(c)

or (2A)(c).

(4)	In section 48B(3), (4), (5) and (6) after “subsection (1)” insert:
or (2A)

27. Section 48BA amended

In section 48BA:

(a)	in paragraph (a) delete “48A(1)” and insert:

48A

(b)	in paragraph (b) delete “48B(1) or (2)” and insert:

48B(1), (2A), (2) or (3A)

28. Sections 48CA, 48CB and 48CC inserted

After section 48BA insert:

48CA.

Application by licensee for lease

(1) If —

(a)	a petroleum production licence is in force under section 63(1)(c) or (2) in respect of a block or blocks; and

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 28

(b)	no operations for the recovery of petroleum are being carried on under the licence in respect of an area (the *unused area*) —

(i) that consists of, or consists of part of, the block or blocks; and

(ii) in which petroleum has been found to exist,

the licensee may, within the application period, apply

to the Minister for the grant of a petroleum retention

lease in respect of the unused area.

(2) If —

(a)	a geothermal production licence is in force under section 63(1)(c) or (2) in respect of a block or blocks; and
(b)	no operations for the recovery of geothermal energy are being carried on under the licence in respect of an area (the *unused area*) —

(i) that consists of, or consists of part of, the block or blocks; and

(ii) in which geothermal energy resources have been found to exist,

the licensee may, within the application period, apply to the Minister for the grant of a geothermal retention lease in respect of the unused area.

(3)	An application under this section —

(a)	is to be made in an approved manner; and
(b)	is to be accompanied by particulars of the proposals of the applicant for work and expenditure in respect of the unused area; and
(c)	may set out any other matters that the applicant wishes to be considered; and
(d)	is to be accompanied by the prescribed fee.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 28

(4)	An application under subsection (1) is also to be accompanied by particulars of the commercial viability of the recovery of petroleum from the unused area at the time of the application, and particulars of the possible future commercial viability of the recovery of petroleum from that area.
(5)	An application under subsection (2) is also to be accompanied by particulars of the commercial viability of the recovery of geothermal energy from the unused area at the time of the application, and particulars of the possible future commercial viability of the recovery of geothermal energy from that area.
(6)	The Minister may, at any time, by written notice served on the applicant, require the applicant to give, within the period stated in the notice, further written information in connection with an application under this section.
(7)	The application period in respect of an application under subsection (1) by a licensee is the period of 5 years that began on —

(a)	the day on which the licence was granted; or
(b)	if any operations for the recovery of petroleum have been carried on under the licence in respect of the unused area — the last day on which any such operations were carried on.

(8)	The application period in respect of an application under subsection (2) by a licensee is the period of 5 years that began on —

(a)	the day on which the licence was granted; or
(b)

if any operations for the recovery of geothermal in respect of the unused area — the last day on which any such operations were carried on.

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 28

48CB.

Grant or refusal of lease in relation to application

by licensee

(1) If —

(a)	an application has been made under section 48CA(1); and
(b)	the applicant has given any further information as and when required by the Minister under section 48CA(6); and
(c)	the Minister is satisfied that recovery of petroleum from the unused area —

(i) is not, at the time of the application, commercially viable; and

(ii) is likely to become commercially viable within the period of 15 years after that time,

the Minister shall, by written notice served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a petroleum retention

lease in respect of the unused area.

(2) If —

(a)	an application has been made under section 48CA(2); and
(b)	the applicant has given any further information as and when required by the Minister under section 48CA(6); and
(c)	the Minister is satisfied that recovery of geothermal energy from the unused area —

(i) is not, at the time of the application, commercially viable; and

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 28

(ii) is likely to become commercially viable within the period of 15 years after that time,

the Minister shall, by written notice served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a geothermal

retention lease in respect of the unused area.

(3)	If an application has been made under section 48CA and —

(a)	the applicant has not given further information as and when required by the Minister under section 48CA(6); or
(b)	the Minister is not satisfied as mentioned in subsection (1)(c) or (2)(c), as the case requires, in relation to the unused area,

the Minister shall, by written notice served on the applicant, refuse to grant a lease to the applicant.

(4)	A notice under subsection (1) or (2) shall contain —

(a)	a summary of the conditions subject to which the lease is to be granted; and
(b)	a statement to the effect that the application will lapse if the applicant does not make a request under subsection (5) in respect of the grant of the lease.

(5)

An applicant on whom a notice is served under

subsection (1) or (2) may request the Minister to grant

the lease to the applicant.

(6)

The request must be in writing and must be made —

(a)	before the end of the period of one month after the date of service of the notice on the applicant under subsection (1) or (2); or

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 28

(b)	if the Minister, on application in writing made to the Minister before the end of that period, allows a further period of not more than one month for the making of the request — before the end of that further period.

(7)

If the applicant makes the request within the period

applicable under subsection (6), the Minister shall

grant to the applicant a petroleum retention lease or

geothermal retention lease, as the case requires, in

respect of the unused area.

(8)

If the applicant does not make the request within the

period applicable under subsection (6), the application

lapses at the end of that period.

(9)

On the day on which a lease is granted under this

section in respect of an unused area comes into force,

the licence in respect of the block or blocks of which

the area consists or in which the area is included ceases

to be in force in respect of the area.

48CC.

Application of sections 48CA and 48CB if licence is

transferred

If —

(a)	after an application has been made under section 48CA in relation to an area consisting of or included in a block or blocks in respect of which a licence is in force; and
(b)	before a decision has been made by the Minister under section 48CB(1), (2) or (3) in relation to the application,

a transfer of the licence is registered under section 72, sections 48CA and 48CB have effect, after the time of the transfer, as if any reference in those sections to the applicant were a reference to the transferee.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 29

29. Section 48F amended

Delete section 48F(2)(a).

30. Section 48J replaced

Delete section 48J and insert:

48J.

Discovery of petroleum or geothermal energy

resources to be notified

On the discovery of petroleum or geothermal energy

resources in a lease area, the lessee —

(a)	shall forthwith inform the Minister of the discovery; and
(b)	shall, within the period of 3 days after the date of the discovery, furnish to the Minister particulars in writing of the discovery.

Penalty: a fine of $10 000.

31. Section 51 amended

Delete section 51(1)(a).

32. Section 52 amended

(1)	In section 52(3) delete the passage that begins with “licence, being” and continues to the end of the subsection and insert:

licence, being a rate that —

(a)	for tight gas is not less than 5% nor more than 12.5% of the royalty value of that petroleum; and
(b)	for petroleum other than tight gas is not less than 10% nor more than 12.5% of the royalty value of that petroleum.

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 33

(2)	After section 52(3) insert:

(4A)	In subsection (3) —
*tight gas* means petroleum in a gaseous state occurring in subsurface rock with a permeability of 0.1 millidarcy or less.

33. Section 53 amended

(1)	Delete section 53(1) and insert:
(1) If —

(a)	an application for the grant of a petroleum production licence has been made under section 50 or 50A; and
(b)	the applicant has given any further information as and when required by the Minister under section 51(2); and
(c)	the Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum,

the Minister shall, by written notice served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a petroleum

production licence in respect of the block or blocks as

to which the Minister is satisfied as mentioned in

paragraph (c).

(2A)

If —

(a)	an application for the grant of a geothermal production licence has been made under section 50 or 50A; and
(b)	the applicant has given any further information as and when required by the Minister under section 51(2); and

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 33

(c)	the Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains geothermal energy resources,

the Minister shall, by written notice served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a geothermal

production licence in respect of the block or blocks as

to which the Minister is satisfied as mentioned in

paragraph (c).

(2)

In section 53(2) delete “An instrument under subsection (1)”

and insert:

A notice under subsection (1) or (2A)

(3)

After section 53(2) insert:

(3)	If the Minister decides not to grant to the applicant a licence in respect of a block specified in the application because —

(a)	the applicant has failed to comply with a requirement made by the Minister under section 51(2); or
(b)	the Minister is not satisfied as mentioned in subsection (1)(c) or (2A)(c), whichever is applicable, in respect of the block,

the Minister shall, by written notice served on the

applicant, inform the applicant of the Minister’s

decision and the reasons for the decision.

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 34

34. Section 54 amended

In section 54(2) delete “blocks specified in the application.” and

insert:

block or blocks as to which the Minister is satisfied as

mentioned in section 53(1)(c) or (2A)(c).

35. Section 55 amended

In section 55(1) delete “the blocks specified in the application.”

and insert:

such of the blocks specified in the application as are

blocks as to which the Minister is satisfied as

mentioned in section 53(1)(c) or (2A)(c).

36. Section 57 amended

Delete section 57(6)(a) and “and” after it.

37. Section 58 amended

In section 58(3) delete “shall not, unless the Minister otherwise

determines,” and insert:

shall not

38. Section 59 amended

(1)

In section 59(5)(c)(ii) delete “statement or enter into an

agreement under section 103 in respect of that balance.” and

insert:

statement.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 39

(2)	In section 59(6)(b) delete “him — pay that balance or enter into an agreement under section 103 in respect of ” and insert:
the applicant — pay
(3)	In section 59(7)(b) delete “him — has not paid the balance or entered into an agreement under section 103 in respect of ” and insert:
the applicant — has not paid

39. Section 60 amended

In section 60(b) delete “him — has paid that balance or entered

into an agreement under section 103 in respect of ” and insert:

the applicant — has paid

40. Section 61 amended

Delete section 61(2)(a).

41. Section 63 amended

(1)

In section 63 delete “Subject to this Part, a licence” and insert:

(1)	Subject to this Part, a licence granted before the commencement of the Petroleum and Energy Legislation Amendment Act 2010 section 41(3)

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 42

(2)	Delete section 63(c) and insert:

(c)	in the case of a licence granted by way of the second renewal of a licence — indefinitely.

(3)

At the end of section 63 insert:

(2)	Subject to this Part, a licence granted after the commencement of the Petroleum and Energy Legislation Amendment Act 2010 section 41(3) remains

in force indefinitely.

42. Section 64A inserted

After section 63 insert:

64A.

Termination of licence if no operations for 5 years

(1) If —

(a)

a petroleum production licence is in force under carried on any operations for the recovery of petroleum under the licence at any time during a continuous period of at least 5 years; or

(b)	a geothermal production licence is in force under section 63(1)(c) or (2) and the licensee has not carried on any operations for the recovery of geothermal energy under the licence at any time during a continuous period of at least 5 years,

the Minister may, by written notice served on the

licensee, inform the licensee that the Minister proposes

to terminate the licence after the end of the period of

one month after the notice is served.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 43

(2)	At any time after the end of the period of one month after the notice referred to in subsection (1) is served on the licensee, the Minister may, by written notice
served on the licensee, terminate the licence.
(3)	In working out —

(a)	for the purposes of subsection (1)(a) the duration of the period in which no operations for the recovery of petroleum were carried on under a petroleum production licence; or
(b)	for the purposes of subsection (1)(b) the duration of the period in which no operations for the recovery of geothermal energy were carried on under a geothermal production licence,

any period in which no such operations were carried on because of circumstances beyond the licensee’s control is to be disregarded.

43. Section 64 amended

(1)	In section 64(1) after “licensee” insert:
under a licence to which section 63(1)(a) or (b) applies
(2)	Delete section 64(2)(a).

44. Section 65 amended

Delete section 65(1)(c) and (d) and “or” after paragraph (c) and

insert:

(i) the application is in respect of the first renewal of the licence; or

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 45

(ii)	of the licence other than the first

the application is in respect of a renewal of petroleum have been carried on in the licence area within the period of 5 years before the application for the renewal was made;

(d)	may in any other case,

45. Section 70 amended

In section 70(3)(c) delete “67 or 103; and” and insert:

67; and

46. Section 94 deleted

Delete section 94.

47. Sections 103 and 104 deleted

Delete sections 103 and 104.

48. Section 105 amended

Delete section 105(2)(a).

49. Section 106 amended

(1)	Delete section 106(2)(a).
(2)	In section 106(4):

(a)	delete “The” and insert:

Subject to subsection (5A), the

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 50

(b)	in paragraph (aa) delete “lease or petroleum production licence” (each occurrence) and insert:

lease, petroleum production licence or

petroleum special prospecting authority

(c)	in paragraph (bb) delete “lease or geothermal production licence” (each occurrence) and insert:

lease, geothermal production licence or

geothermal special prospecting authority

(3)	After subsection 106(4) insert:

(5A)	Subsection (4) does not apply if the holder of the permit, drilling reservation, lease, licence or special prospecting authority has consented in writing to the grant of the access authority.

50. Section 109 amended

(1)

In section 109(2) delete the passage that begins with “penalty,”

and continues to the end of the subsection and insert:

penalty.

(2)

After section 109(2) insert:

(3)	However, any information furnished, answer given or document produced pursuant to the requirement, and any information or thing (including any document)

obtained as a direct or indirect consequence of the furnishing of the information, the answering of the

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 51

question or the production of the document, as the case may be, is not admissible in any civil proceedings or in any criminal proceedings other than proceedings for an offence against section 111.

51. Section 112 deleted

Delete section 112.

52. Section 114 deleted

Delete section 114.

53. Section 116A inserted

After section 115 insert:

116A.

Data management: regulations

(1)	The regulations may make provision for and in relation to —

(a)	the keeping of accounts, records and other documents in connection with operations under —

(i) a permit; or

(ii) a drilling reservation; or

(iii) a lease; or

(iv) a licence; or

(v) a special prospecting authority; or

(vi) an access authority; or

(vii) a consent under section 116;

and

(b)	the collection and retention of cores, cuttings and samples in connection with those operations; and

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 54

(c)	the giving to the Minister, or a specified person, of reports, returns, other documents, cores, cuttings and samples in connection with those operations.

(2)	A requirement under section 115 is in addition to a requirement under regulations made for the purposes of this section.

54. Section 117 amended

In section 117:

(a)	after paragraph (a) insert:

(b)	in paragraph (c) delete “pipeline,” and insert:

pipeline; or

(c)

after paragraph (c) insert:

(d) navigation; or

(e) fishing; or

(f)	the conservation of the resources of the sea and the seabed,

55. Section 128 amended

In section 128 delete the definition of Barrow Marine lease.

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 56

56. Section 134A amended

(1)

In section 134A(a) in the definitions of Minister and petroleum

after “Petroleum” insert:

and Geothermal Energy Resources

(2)

The remaining amendments in this section are to the section

that, under section 134A(c), is to be read as the Petroleum

Act 1936 section 117.

(3)

In that section 117 delete “Where” and insert:

(1) Where

(4)

At the end of that section 117 insert:

(2)	Regulations under the Petroleum and Geothermal Energy Resources Act 1967 section 153(2)(la) to (lc) may apply in relation to operations referred to in paragraphs (d) and (f) of the definition of *petroleum* *operation* in section 5(1) of that Act.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 57

57. Part IVA inserted

Before Part IV insert:

Part IVA — Release of information

Division 1 — Preliminary

150A.	Terms used
In this Part, unless the contrary intention appears —
*applicable document* means —

(a)	an application made after the commencement to the Minister under this Act; or
(b)	a document accompanying an application so made; or
(c)	a report, return or other document relating to a block given after the commencement to the Minister under —

(i) this Act; or

(ii) regulations made for the purposes of section 116A;

commencement means the commencement of the

Petroleum and Energy Legislation Amendment

Act 2010 section 57;

documentary information means information

contained in an applicable document;

Minister of another jurisdiction means a Minister of

the Commonwealth, a Minister of another State or a

Minister of the Northern Territory;

mining sample means —

(a)	a core or cutting from, or a sample of, the seabed or subsoil; or
(b)	a sample of petroleum recovered; or

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 57

(c)	a sample of fluid recovered (other than fluid petroleum),

that has been given at any time, whether before or after

the commencement, to the Minister, and includes a

portion of such a core, cutting or sample.

Division 2 — Protection of confidentiality of

information and samples

Subdivision 1 — Information and samples obtained by

the Minister

150B.

Protection of confidentiality of information

obtained by the Minister

(1)

This section restricts what the Minister may do with

documentary information.

(2)

The Minister shall not —

(a)	make the information publicly known; or
(b)	make the information available to a person (other than another Minister or a Minister of another jurisdiction),

unless the Minister does so —

(c)	in accordance with regulations made for the purposes of this paragraph; or
(d)	for the purposes of the administration of this Act.

150C.

Protection of confidentiality of samples obtained by

the Minister

(1)	This section restricts what the Minister may do with a mining sample.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 57

(2)	The Minister shall not —

(a)	make publicly known any details of the sample; or
(b)	permit a person (other than another Minister or a Minister of another jurisdiction) to inspect the sample,

unless the Minister does so —

(c)	in accordance with regulations made for the purposes of this paragraph; or
(d)	for the purposes of the administration of this Act.

150D.

Information or samples obtained by Minister can be

made available to certain persons

The Minister may make documentary information or a

mining sample available to another Minister or a

Minister of another jurisdiction.

Subdivision 2 — Information and samples obtained by

another Minister

150E.

Protection of confidentiality of information

obtained by another Minister

(1)

This section restricts what a Minister may do with

documentary information made available to that

Minister under section 150D or 150G.

(2)

The Minister shall not —

(a)	make the information publicly known; or
(b)	make the information available to a person (other than another Minister or a Minister of another jurisdiction),

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 57

unless the Minister does so —

(c)	in accordance with regulations made for the purposes of this paragraph; or
(d)	for the purposes of the administration of this Act.

150F.

Protection of confidentiality of samples obtained by

another Minister

(1)	This section restricts what a Minister may do with a mining sample made available to that Minister under section 150D or 150G.
(2)	The Minister shall not —

(a)	make publicly known any details of the sample; or
(b)	permit a person (other than another Minister or a Minister of another jurisdiction) to inspect the sample,

unless the Minister does so —

(c)	in accordance with regulations made for the purposes of this paragraph; or
(d)	for the purposes of the administration of this Act.

150G.

Information or samples obtained by another

Minister can be made available to certain persons

A Minister to whom documentary information or a

mining sample is made available under section 150D or

this section may make the information or sample

available to another Minister or a Minister of another

jurisdiction.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 58

Subdivision 3 — Miscellaneous

150H. Fees

(1)	This section applies to regulations made for the purposes of any of the following —

(a) section 150B(2)(c); (b) section 150C(2)(c); (c) section 150E(2)(c); (d) section 150F(2)(c).

(2)	The regulations may make provision for fees relating to —

(a)	making information available to a person; or
(b)	permitting a person to inspect a sample.

58. Section 153 amended

In section 153(2):

(a)	in paragraph (d) delete “installations or equipment;” and insert:

installations, equipment or facilities;

(b)

after paragraph (k) insert:

(la)

the preparation, submission and approval of

environment plans;

(lb)

the prohibition of the doing of an act or thing

otherwise than in accordance with an approved

environment plan;

(lc)

the responsibilities of a permittee, holder of a

drilling reservation, lessee, licensee or holder of

a special prospecting authority or access

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 59

authority as to authorising, or obtaining

authorisation for, the release of documentary

information as defined in section 150A;

59. Section 154 inserted

At the end of Part IV insert:

154. Further transitional provisions

(1)	In this section —
*Gazettal day* means the day on which transitional regulations are published in the Gazette;
*transitional matter* means a matter of a transitional, savings or application nature;
*transitional regulations* means regulations under subsection (3).
(2)	Schedule 2 contains provisions relating to transitional matters.
(3)	Regulations may prescribe anything else required, necessary or convenient to be prescribed in relation to a transitional matter in connection with amendments made to this Act by another Act (the *amending Act*).
(4)	Transitional regulations can only be made before the end of the period of 12 months beginning on the day on which the amending Act commences.
(5)	If transitional regulations provide that a state of affairs is to be taken to have existed, or not to have existed, on and from a day (the *operative day*) that is earlier than
Gazettal day, the regulations have effect according to their terms as long as the operative day is not earlier than the day on which the amending Act commences.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 60

(6)	If transitional regulations contain a provision referred to in subsection (5), the provision does not operate so as to —

(a)	affect in a manner prejudicial to any person (other than the State), the rights of that person existing before Gazettal day; or
(b)	impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before

Gazettal day.

60. Schedule 1 amended

(1)	In Schedule 1 clause 53 delete the Penalty and insert:

Penalty for an offence under subclause (3): a fine of $3 300

or imprisonment for 6 months or both.

(2)	In Schedule 1 clause 54 delete the Penalty and insert:

Penalty for an offence under subclause (5): a fine of $3 300

or imprisonment for 6 months or both.

(3)	In Schedule 1 clause 62 delete the Penalty and insert:

Penalty for an offence under subclause (1), (2) or (3): a fine

of $11 000.

(4)	In Schedule 1 clause 66 delete the Penalty and insert:

Penalty for an offence under subclause (3): a fine of $5 000.

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 60

(5)	In Schedule 1 clause 71(1) delete “67” and insert:
70
(6)	In the provisions listed in the Table after “Penalty:” (each occurrence) insert:
a fine of

Table

Sch. 1 cl. 4(1) and (2)	Sch. 1 cl. 7(1) and (2)
Sch. 1 cl. 8(1) and (2)	Sch. 1 cl. 9(1), (2), (4) and (5)
Sch. 1 cl. 10(1) and (2)	Sch. 1 cl. 11(1)
Sch. 1 cl. 12(1)	Sch. 1 cl. 13(1)
Sch. 1 cl. 52	Sch. 1 cl. 57(7)
Sch. 1 cl. 59(1)	Sch. 1 cl. 61
Sch. 1 cl. 64(5)	Sch. 1 cl. 70(1)
Sch. 1 cl. 74	Sch. 1 cl. 75
Sch. 1 cl. 76(1)

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 61

61. Schedule 2 inserted

At the end of the Act insert:

Schedule 2 — Further transitional provisions

[s. 154]

Division 1 — Provisions for Petroleum and Energy

Legislation Amendment Act 2010

1. Terms used

In this Division —

amending Act means the Petroleum and Energy Legislation

Amendment Act 2010;

regulation 3 means the Petroleum and Geothermal Energy

Resources Regulations 1987 regulation 3.

2. Section 41(5) (permit renewals)

(1)

This clause has effect despite the deletion of section 41(5)

by section 17(2) of the amending Act.

(2)

Section 41(5) as in force immediately before the

commencement of section 17 of the amending Act continues

to apply in respect of the first application after that

commencement for the renewal of a permit that was granted

before that commencement.

3. Section 112 (release of information)

(1)

This clause has effect despite the deletion of section 112 by

section 51 of the amending Act.

(2)

Section 112 as in force immediately before it was deleted

continues to apply in respect of information given to the

Minister before the commencement of section 51 of the

amending Act.

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 62

(3)	Regulation 3 as in force immediately before the deletion of section 112 —

(a)	continues in force for the purposes of that section as it continues to apply under subclause (1); and
(b)	also separately continues in force on and after the commencement of section 57 of the amending Act as if it had been made for the purposes of Part IVB.

(4)	Regulation 3 as continued in force under subclause (3)(a) or (b) may, for the purposes of its application under subclause (3)(a) or (b), be amended or deleted by regulations.

62. Various penalties amended

(1)	In section 48K delete the Penalty and insert:

Penalty for an offence under subsection (2): a fine of

$10 000.

(2)	In section 78(1c) delete the Penalty.
(3)	In section 78(2) delete the Penalty and insert:

Penalty for an offence under subsection (1c) or (2): a

fine of $5 000.

(4)	In section 79 delete the Penalty and insert:

Penalty for an offence under subsection (2): a fine of

$5 000.

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 62

(5)

In section 84 delete “offence and is liable to a penalty of

$5 000.” and insert:

offence.

(6)

At the end of section 84 insert:

Penalty: a fine of $5 000.

(7)	In section 90 delete the Penalty and insert:

Penalty for an offence under subsection (1) or (3): a

fine of $10 000.

(8)	In section 91 delete the Penalty and insert:

Penalty for an offence under subsection (1), (2), (2a) or

(3): a fine of $10 000.

(9)	In section 92 delete the Penalty and insert:

Penalty for an offence under subsection (2) or (3): a

fine of $10 000.

(10)	In section 101 delete the Penalty and insert:

Penalty for an offence under subsection (3): a fine of

$10 000.

Petroleum and Energy Legislation Amendment Act 2010

Petroleum and Geothermal Energy Resources Act 1967

Part 2

amended

s. 62

(11)	In section 112A delete the Penalty and insert:

Penalty for an offence under subsection (3): a fine of

$100 000 or imprisonment for 10 years.

(12)	In section 115 delete the Penalty and insert:

Penalty for an offence under subsection (2): a fine of

$10 000.

(13)	In section 118 delete the Penalty and insert:

Penalty for an offence under subsection (3): a fine of

$500.

(14)	In section 119 delete the Penalty and insert:

Penalty for an offence under subsection (2) or (3): a

fine of $5 000.

(15)	In the provisions listed in the Table after “Penalty:” insert:
a fine of

Table

s. 13(2)	s. 29(1) and (2)
s. 49(1) and (2)	s. 67(1)
s. 76(1)	s. 95(2a), (2b) and (2c)
s. 105(9)	s. 106(10) and (11)

Petroleum and Energy Legislation Amendment Act 2010

Part 2

Petroleum and Geothermal Energy Resources Act 1967

amended

s. 111

s. 113(1)

s. 117

s. 134A(b) (substituted s. 75(1)

and (2))

Petroleum and Energy Legislation Amendment Act 2010

Petroleum (Submerged Lands) Act 1982 amended	Part 3
s. 63

Part 3 — Petroleum (Submerged Lands) Act 1982

amended

63. Act amended

This Part amends the Petroleum (Submerged Lands) Act 1982.

64. Section 3 amended

Delete section 3(2) to (5).

65. Section 4 amended

(1)	In section 4 delete the definitions of:
*adjacent area* *Commonwealth Act* *Convention* *Division*
*natural resources*.
(2)	In section 4 insert in alphabetical order:

adjacent area, in relation to a pipeline or pipeline

licence, has the meaning given in section 60K;

adjacent area, other than in relation to a pipeline or pipeline licence, has the meaning given in section 5;

Commonwealth Act means the Offshore Petroleum

and Greenhouse Gas Storage Act 2006

(Commonwealth);

good processing and transport practice means all

those things that are generally accepted as good and

safe in the processing and storage of petroleum and the

preparation of petroleum for transport;

infrastructure facilities has the meaning given in

section 6B;

infrastructure licence means an infrastructure licence

under Part III;

Petroleum and Energy Legislation Amendment Act 2010

Part 3	Petroleum (Submerged Lands) Act 1982 amended
s. 65
*infrastructure licence area*, in relation to an infrastructure licence, means the place in respect of which the infrastructure licence is in force;
*infrastructure licensee* means the registered holder of an infrastructure licence;
*natural resources* has the same meaning as in paragraph 4 of Article 77 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982;
Note: Paragraph 4 of Article 77 is as follows:

The natural resources referred to in this Part consist of the

mineral and other non-living resources of the seabed and subsoil

together with living organisms belonging to sedentary species,

that is to say, organisms which, at the harvestable stage, either

are immobile on or under the seabed or are unable to move

except in constant physical contact with the seabed or the

subsoil.

offshore area means the offshore area of Western

Australia within the meaning of the Commonwealth

Act section 7;

scheduled area means the scheduled area for Western

Australia described in Schedule 2;

territorial sea means the territorial sea of Australia and

includes the territorial sea adjacent to any island

forming part of Western Australia;

(3)	In section 4 in the definition of *petroleum*:

(a)	after paragraph (a) insert:

(b)	in paragraph (c) delete “hydrogen-sulphide,” and insert:

hydrogen sulphide,

Petroleum and Energy Legislation Amendment Act 2010

Petroleum (Submerged Lands) Act 1982 amended	Part 3
s. 66

(4)	In section 4 in the definition of *pipeline*:

(a)	delete “59A” and insert:

60K

(b)	after each of paragraphs (a) and (b) insert:

(5)

In section 4 in the definition of registered holder before

“pipeline licence” (each occurrence) insert:

infrastructure licence,

(6)

In section 4 in the definition of relinquished area:

(a)

after paragraph (ca) insert:

(da)	in relation to an infrastructure licence that has been surrendered, cancelled or terminated, the place that constituted the infrastructure licence area; and

(b)

after each of paragraphs (a), (b), (c), (ca) and (d) insert:

and

66. Section 5 amended

(1)

Delete section 5(1) and insert:

(1)	For the purposes of subsection (2A), assume that the breadth of the territorial sea had never been determined

Petroleum and Energy Legislation Amendment Act 2010

Part 3

Petroleum (Submerged Lands) Act 1982 amended

s. 67

or declared to be greater than 3 nautical miles, but had

continued to be 3 nautical miles.

(2A)	In this Act, unless the contrary intention appears —
*adjacent area* means —

(a)	so much of the scheduled area as consists of the territorial sea; and
(b)	subject to subsection (2), any area that —

(i) is within the scheduled area; and

(ii) is on the landward side of the territorial sea and not within the limits of Western Australia; and

(iii) was, immediately before

14 February 1983, the subject of an

exploration permit for petroleum

subsisting under the Petroleum

(Submerged Lands) Act 1967

(Commonwealth).

(2)	In section 5(2) delete “paragraphs (a), (b) and (c) of the definition of the “adjacent area” in section 4” and insert:

paragraph (b) of the definition of adjacent area in

subsection (2A)

67. Sections 6A and 6B inserted

After section 5 insert:

6A.

Effect of alteration of adjacent area

(1)

In this section —

Commonwealth instrument means an instrument under

the Commonwealth Act that confers, in relation to the

Petroleum and Energy Legislation Amendment Act 2010

Petroleum (Submerged Lands) Act 1982 amended	Part 3
s. 67

offshore area, some or all of the rights that a petroleum

mining instrument confers in relation to the adjacent

area;

petroleum mining instrument means a permit, lease,

licence, infrastructure licence or pipeline licence.

(2)	This section applies to a change to the boundary of the adjacent area whether occurring before, on or after the day on which the Petroleum and Energy Legislation
Amendment Act 2010 section 67 comes into operation.

(3) If —

(a)	a petroleum mining instrument has been granted on the basis that an area (the *first area*) is within the adjacent area; and
(b)	as a result of a change to the boundary of the adjacent waters the first area —

(i) ceases to be within the adjacent area; and

(ii) falls within the offshore area,

this Act applies in relation to the petroleum mining

instrument as if the first area were still within the

adjacent area.

(4)	Subsection (3) continues to apply to the first area only while the petroleum mining instrument remains in force.

(5) If —

(a)	a Commonwealth instrument has been granted on the basis that an area (the *second area*) is within the offshore area; and
(b)	as a result of a change to the boundary of the adjacent waters the first area —

(i) ceases to be within the offshore area; and

Petroleum and Energy Legislation Amendment Act 2010

Part 3	Petroleum (Submerged Lands) Act 1982 amended
s. 67

(ii) falls within the adjacent area,

then, so far as the Commonwealth instrument is

concerned, this Act does not apply to the second area.

(6)	Subsection (5) continues to apply to the second area only while the Commonwealth instrument remains in force.

6B.

Infrastructure facilities

(1)

In this Act —

infrastructure facilities means facilities for engaging

in any of the activities mentioned in subsection (2),

being —

(i) thence north easterly along the geodesic to a point of Latitude 12° 49’ 54.8” South, Longitude 118° 14’ 22.6” East; and

(j)	thence north westerly along the geodesic to a point of Latitude 12° 04’ 24.9” South, Longitude 118° 06’ 17.2” East; and
(k)	thence north westerly along the geodesic to a point of Latitude 12° 04’ 08.8” South, Longitude 118° 06’ 14.4” East; and
(l)	thence south easterly along the geodesic to a point of Latitude 12° 04’ 19.0” South, Longitude 118° 07’ 44.0” East; and
(m)	thence south easterly along the geodesic to a point of Latitude 12° 06’ 21.0” South, Longitude 118° 20’ 45.0” East; and

Petroleum and Energy Legislation Amendment Act 2010

Part 3

Petroleum (Submerged Lands) Act 1982 amended

s. 168

(n)	thence south easterly along the geodesic to a point of Latitude 12° 07’ 46.0” South, Longitude 118° 25’ 07.0” East; and
(o)	thence south easterly along the geodesic to a point of Latitude 12° 10’ 06.0” South, Longitude 118° 35’ 16.0” East; and
(p)	thence south easterly along the geodesic to a point of Latitude 12° 10’ 26.0” South, Longitude 118° 37’ 28.0” East; and
(q)	thence south easterly along the geodesic to a point of Latitude 12° 11’ 01.0” South, Longitude 118° 39’ 00.0” East; and
(r)	thence south easterly along the geodesic to a point of Latitude 12° 13’ 12.0” South, Longitude 118° 43’ 09.0” East; and
(s)	thence south easterly along the geodesic to a point of Latitude 12° 15’ 57.0” South, Longitude 118° 49’ 30.0” East; and
(t)	thence south easterly along the geodesic to a point of Latitude 12° 17’ 54.0” South, Longitude 118° 55’ 12.0” East; and
(u)	thence south easterly along the geodesic to a point of Latitude 12° 18’ 50.0” South, Longitude 118° 58’ 31.0” East; and
(v)	thence south easterly along the geodesic to a point of Latitude 12° 19’ 55.0” South, Longitude 119° 02’ 40.0” East; and
(w)	thence south easterly along the geodesic to a point of Latitude 12° 20’ 21.0” South, Longitude 119° 05’ 00.0” East; and
(x)	thence south easterly along the geodesic to a point of Latitude 12° 21’ 51.0” South, Longitude 119° 09’ 03.0” East; and
(y)	thence south easterly along the geodesic to a point of Latitude 12° 23’ 42.0” South, Longitude 119° 15’ 23.0” East; and

Petroleum and Energy Legislation Amendment Act 2010

Petroleum (Submerged Lands) Act 1982 amended	Part 3
s. 168

(za)	thence south easterly along the geodesic to a point of Latitude 12° 23’ 58.0” South, Longitude 119° 16’ 35.0” East; and
(zb)	thence south easterly along the geodesic to a point of Latitude 12° 24’ 59.0” South, Longitude 119° 20’ 34.0” East; and
(zc)	thence south easterly along the geodesic to a point of Latitude 12° 25’ 43.0” South, Longitude 119° 21’ 35.0” East; and
(zd)	thence south easterly along the geodesic to a point of Latitude 12° 29’ 19.0” South, Longitude 119° 27’ 17.0” East; and
(ze)	thence south easterly along the geodesic to a point of Latitude 12° 32’ 31.0” South, Longitude 119° 33’ 16.0” East; and
(zf)	thence south easterly along the geodesic to a point of Latitude 12° 35’ 43.0” South, Longitude 119° 40’ 33.0” East; and
(zg)	thence south easterly along the geodesic to a point of Latitude 12° 40’ 33.0” South, Longitude 119° 50’ 28.0” East; and
(zh)	thence south easterly along the geodesic to a point of Latitude 12° 41’ 36.0” South, Longitude 119° 52’ 38.0” East; and
(zi)	thence south easterly along the geodesic to a point of Latitude 12° 41’ 46.0” South, Longitude 119° 52’ 57.0” East; and
(zj)	thence south easterly along the geodesic to a point of Latitude 12° 41’ 57.0” South, Longitude 119° 53’ 18.0” East; and
(zk)	thence south easterly along the geodesic to a point of Latitude 12° 43’ 46.0” South, Longitude 119° 56’ 13.0” East; and
(zl)	thence south easterly along the geodesic to a point of Latitude 12° 45’ 38.0” South, Longitude 119° 59’ 15.0” East; and

Petroleum and Energy Legislation Amendment Act 2010

Part 3

Petroleum (Submerged Lands) Act 1982 amended

s. 168

(zm)	thence south easterly along the geodesic to a point of Latitude 12° 45’ 47.0” South, Longitude 119° 59’ 31.0” East; and
(zn)	thence south easterly along the geodesic to a point of Latitude 12° 46’ 27.9” South, Longitude 120° 00’ 46.9” East; and
(zo)	thence south along the loxodrome to a point of Latitude 13° 56’ 31.7” South, Longitude 120° 00’ 46.9” East; and
(zp)	thence north easterly along the geodesic to a point of Latitude 12° 43’ 08.29” South, Longitude 121° 49’ 15.80” East; and
(zq)	thence south easterly along the geodesic to a point of Latitude 12° 55’ 54.99” South, Longitude 122° 06’ 04.50” East; and
(zr)	thence south easterly along the geodesic to a point of Latitude 13° 19’ 54.98” South, Longitude 122° 41’ 04.50” East; and
(zs)	thence easterly along the geodesic to a point of Latitude 13° 19’ 24.97” South, Longitude 123° 16’ 49.49” East; and
(zt)	thence easterly along the loxodrome to a point of Latitude 13° 19’ 24.94” South, Longitude 124° 27’ 49.48” East; and
(zu)	thence north easterly along the geodesic to a point of Latitude 13° 13’ 09.94” South, Longitude 124° 36’ 19.47” East; and
(zv)	thence north easterly along the geodesic to a point of Latitude 12° 46’ 09.93” South, Longitude 124° 55’ 34.46” East; and
(zw)	thence north easterly along the geodesic to a point of Latitude 11° 50’ 54.92” South, Longitude 125° 27’ 49.43” East; and
(zx)	thence north easterly along the geodesic to a point of Latitude 11° 44’ 24.92” South, Longitude 125° 31’ 34.43” East; and

Petroleum and Energy Legislation Amendment Act 2010

Petroleum (Submerged Lands) Act 1982 amended	Part 3
s. 168

(zy)	thence north easterly along the geodesic to a point of Latitude 10° 21’ 24.91” South, Longitude 126° 10’ 34.39” East; and
(zza)	thence north easterly along the geodesic to a point of Latitude 10° 12’ 54.90” South, Longitude 126° 26’ 34.39” East; and
(zzb)	thence north easterly along the geodesic to a point of Latitude 10° 04’ 54.90” South, Longitude 126° 47’ 34.38” East; and
(zzc)	thence south easterly along the geodesic to a point of Latitude 11° 13’ 09.88” South, Longitude 127° 32’ 04.38” East; and
(zzd)	thence south easterly along the geodesic to a point of Latitude 11° 47’ 54.88” South, Longitude 127° 53’ 49.38” East; and
(zze)	thence south easterly along the geodesic to a point of Latitude 12° 26’ 24.87” South, Longitude 128° 22’ 04.39” East; and
(zzf)	thence south easterly along the geodesic to a point of Latitude 12° 32’ 39.87” South, Longitude 128° 24’ 04.39” East; and
(zzg)	thence south easterly along the geodesic to a point of Latitude 12° 55’ 24.86” South, Longitude 128° 28’ 04.39” East; and
(zzh)	thence southerly along the loxodrome to a point of Latitude 13° 15’ 24.86” South, Longitude 128° 28’ 04.40” East; and
(zzi)	thence south easterly along the geodesic to a point of Latitude 13° 39’ 39.86” South, Longitude 128° 30’ 49.41” East; and
(zzj)	thence south easterly along the geodesic to a point of Latitude 13° 49’ 39.86” South, Longitude 128° 33’ 19.41” East; and
(zzk)	thence south easterly along the geodesic to a point of Latitude 13° 59’ 54.86” South, Longitude 128° 42’ 19.41” East; and

Petroleum and Energy Legislation Amendment Act 2010

Part 3

Petroleum (Submerged Lands) Act 1982 amended

s. 169

(zzl)	thence south easterly along the geodesic to a point of Latitude 14° 19’ 24.89” South, Longitude 128° 53’ 04.39” East; and
(zzm)	thence south easterly along the geodesic to a point of Latitude 14° 32’ 24.91” South, Longitude 129° 01’ 19.38” East; and
(zzn)	thence southerly along the geodesic to a point of Latitude 14° 37’ 24.91” South, Longitude 129° 01’ 49.38” East; and
(zzo)	thence southerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Western Australia; and
(zzp)	thence along the coastline of the State of Western Australia at mean low water to the point of commencement.

169. Schedules 3 and 4 replaced

Delete Schedules 3 and 4 and insert:

Schedule 3 — Transitional provisions

[s. 153]

Division 1 — Provisions for Petroleum and Energy

Legislation Amendment Act 2010

1. Term used: amending Act

In this Division —

amending Act means the Petroleum and Energy Legislation

Amendment Act 2010.

2. Section 31 (permit renewals)

(1)	This clause has effect despite the deletion of section 31(6) by section 86 of the amending Act.

Petroleum and Energy Legislation Amendment Act 2010

Petroleum (Submerged Lands) Act 1982 amended	Part 3
s. 169

(2)	Section 31(6) as in force immediately before the commencement of section 86 of the amending Act continues to apply in respect of the first application after that commencement for the renewal of a permit that was granted before that commencement.

3. Section 70 (conditions of pipeline licence)

A renewal of a pipeline licence that was in force under

section 70 immediately before section 70(3) was deleted by

section 122 of the amending Act continues, subject to

Part III as amended by the amending Act, to be subject to

any conditions referred to in section 70(3) to which the

renewed licence was subject immediately before the

deletion.

4. Section 118 (release of information)

(1)

This section has effect despite the deletion of section 118 by

section 149 of the amending Act.

(2)

Section 118 as in force immediately before it was deleted

continues to apply in respect of information given to the

Minister before the commencement of section 149 of the

amending Act.

(3)

Any regulations providing for the calculation of a fee for the

purposes of a provision of section 118 as in force

immediately before that section was deleted —

(a)	continue in force for the purposes of that section as it continues to apply under subclause (1); and
(b)	commencement of section 163 of the amending Act

also separately continue in force on and after the Part IVA.

(4)	Regulations as continued in force under subclause (3)(a) or (b) may, for the purposes of their application under subclause (3)(a) or (b), be amended or deleted by regulations.

Petroleum and Energy Legislation Amendment Act 2010

Part 3	Petroleum (Submerged Lands) Act 1982 amended
s. 170

5. Section 3 and Schedules 3 and 4 (former transitional provisions)

The Interpretation Act 1984 section 37, and in particular

section 37(1)(b), (c) and (d), apply in relation to the deletion

of section 3(2) to (5) and Schedules 3 and 4 by sections 64

and 169 of the amending Act.

170. Schedule 5 amended

(1)	In Schedule 5 clause 54 delete the Penalty and insert:

Penalty for an offence under subclause (3): a fine of $3 300

or imprisonment for 6 months or both.

(2)	In Schedule 5 clause 55 delete the Penalty and insert:

Penalty for an offence under subclause (5): a fine of $3 300

or imprisonment for 6 months or both.

(3)	In Schedule 5 clause 63 delete the Penalty and insert:

Penalty for an offence under subclause (1), (2) or (3): a fine

of $11 000.

(4)	In Schedule 5 clause 67 delete the Penalty and insert:

Penalty for an offence under subclause (3): a fine of $5 000.

(5)	In Schedule 5 clause 72(1) delete “68” and insert:
71

Petroleum and Energy Legislation Amendment Act 2010

Petroleum (Submerged Lands) Act 1982 amended	Part 3
s. 171

(6)	In the provisions listed in the Table after “Penalty:” insert:
a fine of

Table

Sch. 5 cl. 5(1) and (2)	Sch. 5 cl. 8(1) and (2)
Sch. 5 cl. 9(1) and (2)	Sch. 5 cl. 10(1), (2) and (4)
Sch. 5 cl. 11(1) and (2)	Sch. 5 cl. 12(1)
Sch. 5 cl. 13(1)	Sch. 5 cl. 14(1)
Sch. 5 cl. 53	Sch. 5 cl. 58(7)
Sch. 5 cl. 60(1)	Sch. 5 cl. 62
Sch. 5 cl. 65(5)	Sch. 5 cl. 71(1)
Sch. 5 cl. 75	Sch. 5 cl. 76
Sch. 5 cl. 77(1)

171. Various penalties amended

In the provisions listed in the Table after “Penalty:” insert:

a fine of

Table

s. 19(1)	s. 39
s. 72(2)	s. 74(1)
s. 82(1)	s. 84(1c) and (2)

Petroleum and Energy Legislation Amendment Act 2010

Part 3

Petroleum (Submerged Lands) Act 1982 amended

171

s. 85(2)	s. 90
s. 101(2a), (2b) and (2c)	s. 111(9)
s. 112(10) and (11)	s. 117
s. 120	s. 124

s. 126(3)

Petroleum and Energy Legislation Amendment Act 2010

Petroleum Pipelines Act 1969 amended	Part 4
s. 172

Part 4 — Petroleum Pipelines Act 1969 amended

172. Act amended

This Part amends the Petroleum Pipelines Act 1969.

173. Section 4 amended

(1)	In section 4 in the definition of *petroleum*:

(a)	after paragraph (a) insert:

(b)	in paragraph (c) delete “hydrogen, sulphide,” and insert:

hydrogen sulphide,

(2)	In section 4 in the definition of *pipeline* delete paragraph (d).
(3)	In section 4 in the definition of *public authority*:

(a)	after paragraph (a) insert:

(b)	after paragraph (c)(i) insert:

and

174. Section 8 amended

Delete section 8(1)(a).

175. Section 11 deleted

Delete section 11.

Petroleum and Energy Legislation Amendment Act 2010

Part 4	Petroleum Pipelines Act 1969 amended
s. 176

176. Section 14 replaced

Delete section 14 and insert:

14. Term of licence

(1)

Subject to this Part, a licence remains in force

indefinitely.

(2)

Subsection (1) applies to pipeline licences in force

immediately before the commencement of section 176

of the amending Act as well as to pipeline licences

granted on or after the commencement of that section.

(3)

In subsection (2), a reference to a pipeline licence in

force is to be read as including a reference to —

(a)	a pipeline licence in force as a result of being renewed under section 11 as in force before its deletion by section 175 of the amending Act; and
(b)	a pipeline licence deemed to be in force under section 11(7) as in force before that deletion.

(4)

In subsections (2) and (3) —

amending Act means the Petroleum and Energy

Legislation Amendment Act 2010.

15A.

Termination of pipeline licence if no operations for

5 years

(1)	If a licensee —

(a)	has not carried out any construction work under the licence at any time during a continuous period of 5 years; and
(b)	has not used the pipeline, or has not used a particular part of it, at any time during a continuous period of 5 years,

Petroleum and Energy Legislation Amendment Act 2010

Petroleum Pipelines Act 1969 amended	Part 4
s. 177

the Minister may, by written notice served on the

licensee, inform the licensee that the Minister proposes

to terminate the licence, or to terminate the licence in

respect of the unused part of the pipeline, as the case

may be, after the end of the period of one month after

the notice is served.

(2)	At any time after the end of the period of one month after the notice referred to in subsection (1) is served on the licensee, the Minister may, by written notice
served on the licensee, terminate the licence, or terminate the licence in respect of the part of the pipeline, as the case may be.
(3)	In working out, for the purposes of subsection (1), the duration of the period in which a licensee did not carry out any construction work under the licence or did not use the pipeline or a part of the pipeline, any period in which construction work was not carried out, or the
pipeline or the part of it was not used, because of circumstances beyond the licensee’s control is to be disregarded.

177. Section 15 amended

Delete section 15(2)(a).

178. Section 47A deleted

Delete section 47A.

Petroleum and Energy Legislation Amendment Act 2010

Part 4	Petroleum Pipelines Act 1969 amended
s. 179

179. Section 61 replaced

Delete section 61 and insert:

61. Power of Minister to delegate

(1)	The Minister may delegate to a person any power or duty of the Minister under another provision of this Act.
(2)	The delegation is to be in writing signed by the Minister.
(3)	A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4)	A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(5)	Nothing in this section limits the ability of the Minister to perform a function through an officer or agent.
(6)	A copy of each instrument making, amending or revoking a delegation under this section shall be published in the Gazette.

180. Section 67 amended

(1)	After section 67(1)(d) insert:

(ea)

the preparation, submission and approval of

environment plans;

(eb)

the prohibition of the doing of an act or thing

otherwise than in accordance with an approved

environment plan;

Petroleum and Energy Legislation Amendment Act 2010

Petroleum Pipelines Act 1969 amended	Part 4
s. 181

(2)	In section 67(1c) delete “Petroleum Act 1967,” and insert:
Petroleum and Geothermal Energy Resources Act 1967,

181. Schedule 1 amended

(1)	In Schedule 1 clause 53 delete the Penalty and insert:

Penalty for an offence under subsection (3): a fine of $3 300

or imprisonment for 6 months or both.

(2)	In Schedule 1 clause 54 delete the Penalty and insert:

Penalty for an offence under subclause (5): a fine of $3 300

or imprisonment for 6 months or both.

(3)	In Schedule 1 clause 62 delete the Penalty and insert:

Penalty for an offence under subclause (1), (2) or (3): a fine

of $11 000.

(4)	In Schedule 1 clause 66 delete the Penalty and insert:

Penalty for an offence under subclause (3): a fine of $5 000.

(5)	In Schedule 1 clause 71(1) delete “67” and insert:
70
(6)	In the provisions listed in the Table after “Penalty:” insert:
a fine of

Petroleum and Energy Legislation Amendment Act 2010

Part 4	Petroleum Pipelines Act 1969 amended
s. 182

Table

Sch. 1 cl. 4(1) and (2)	Sch. 1 cl. 7(1) and (2)
Sch. 1 cl. 8(1) and (2)	Sch. 1 cl. 9(1), (2), (4) and (5)
Sch. 1 cl. 10(1) and (2)	Sch. 1 cl. 11(1)
Sch. 1 cl. 12(1)	Sch. 1 cl. 13(1)
Sch. 1 cl. 52	Sch. 1 cl. 57(7)
Sch. 1 cl. 59(1)	Sch. 1 cl. 61
Sch. 1 cl. 64(5)	Sch. 1 cl. 70(1)
Sch. 1 cl. 74	Sch. 1 cl. 75
Sch. 1 cl. 76(1)

182. Various penalties amended

(1)	In section 6 delete the Penalty and insert:

Penalty for an offence under subsection (1) or (2): a fine of $50 000 or imprisonment for 5 years, or both.

(2)	In section 20 delete the Penalty and insert:

Penalty for an offence under subsection (6)(b): a fine of

$500.

Petroleum and Energy Legislation Amendment Act 2010

Petroleum Pipelines Act 1969 amended	Part 4
s. 182

(3)	In section 27 delete the Penalty and insert:

Penalty for an offence under subsection (4): a fine of

$10 000.

(4)	In section 50(1c) delete the Penalty.
(5)	In section 50(2) delete the Penalty and insert:

Penalty for an offence under subsection (1c) or (2): a

fine of $5 000.

(6)	In section 51 delete the Penalty and insert:

Penalty for an offence under subsection (2): a fine of

$5 000.

(7)

In section 56 delete “offence and is liable to a penalty of

$5 000.” and insert:

offence.

(8)

At the end of section 56 insert:

Penalty: a fine of $5 000.

(9)	In section 62 delete the Penalty and insert:

Penalty for an offence under subsection (3): a fine of

$500.

Petroleum and Energy Legislation Amendment Act 2010

Part 4

Petroleum Pipelines Act 1969 amended

182

(10)	In section 63 delete the Penalty and insert:

Penalty for an offence under subsection (2) or (3): a

fine of $5 000.

(11)

In section 65 delete “offence and is liable to a penalty of

$50 000 or imprisonment for 5 years, or both.” and insert:

offence.

(12)

At the end of section 65 insert:

Penalty: a fine of $50 000 or imprisonment for 5 years,

or both.

(13)	In the provisions listed in the Table after “Penalty:” insert:
a fine of

Table

s. 7(5)	s. 21(6)
s. 25(2)	s. 35(1)
s. 36A	s. 37
s. 38	s. 40
s. 41(3), (4), (5) and (9)	s. 48

Petroleum and Energy Legislation Amendment Act 2010

Other Acts amended	Part 5
s. 183

Part 5 — Other Acts amended

183. Crimes at Sea Act 2000 amended

(1)

This section amends the Crimes at Sea Act 2000.

(2)

In Schedule 1 clause 1(1) delete the definition of Area A of the

Zone of Cooperation.

(3)

In Schedule 1 clause 1(1) insert in alphabetical order:

Joint Petroleum Development Area has the same meaning

as in the Petroleum (Timor Sea Treaty) Act 2003

(Commonwealth);

(4)

In Schedule 1 clause 10 delete “Area A of the Zone of

Cooperation” and insert:

The Joint Petroleum Development Area

Note:

The heading to amended clause 10 is to read:

Non-application of scheme to the Joint Petroleum Development

Area

(5)	In Schedule 1 clause 14(1), (2)(a), (3) and (4)(a) delete “Schedule 2 to the Petroleum (Submerged Lands) Act 1967” and
insert:
Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006
(6)	In Schedule 1 clause 14(2)(b) delete “subsection (7) of section 5A
of the Petroleum (Submerged Lands) Act 1967” and insert:
section 7(2) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006

Petroleum and Energy Legislation Amendment Act 2010

Part 5	Other Acts amended
s. 183

(7)	In Schedule 1 clause 14(3)(b) and (4)(a)(ii) delete “Area A of the
Zone of Cooperation” and insert:
the Joint Petroleum Development Area
(8)	In Schedule 1 clause 14(4)(b):

(a)	delete “adjacent area” and insert:

offshore area

(b)

delete “subsection (3) of section 5A of the Petroleum (Submerged Lands) Act 1967” and insert:

section 7(1) of the Offshore Petroleum and Greenhouse Gas

Storage Act 2006

(9)

After Schedule 1 clause 14(5) insert:

(6)	A reference in this clause to the area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to a State or Territory is a reference to the scheduled area for that State or Territory within the meaning given in that Schedule.

(10)	In Appendix 1 in the legend of the map delete “Area A of the
Zone of Cooperation” and insert:
the Joint Petroleum Development Area

Petroleum and Energy Legislation Amendment Act 2010

Other Acts amended	Part 5
s. 184

184. National Gas Access (WA) Act 2009 amended

(1)

This section amends the National Gas Access (WA) Act 2009.

(2)

In section 9(1) in the definitions of adjacent area of another

participating jurisdiction and adjacent area of this jurisdiction

after “Offshore Petroleum” insert:

and Greenhouse Gas Storage

185. Petroleum (Submerged Lands) Registration Fees Act 1982 amended

(1)

This section amends the Petroleum (Submerged Lands)

Registration Fees Act 1982.

(2)

In section 4(1) before “pipeline licence” insert:

infrastructure licence,

186. Workers’ Compensation and Injury Management Act 1981 amended

(1)

This section amends the Workers’ Compensation and Injury

Management Act 1981.

(2)

In Schedule 6 clause 1 insert in alphabetical order:

Joint Petroleum Development Area has the same meaning

as in the Petroleum (Timor Sea Treaty) Act 2003

(Commonwealth);

(3)

In Schedule 6 clause 1 in the definition of Petroleum Act delete

“Petroleum (Submerged Lands) Act 1967” and insert:

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Petroleum and Energy Legislation Amendment Act 2010

Part 5	Other Acts amended
s. 186

(4)	In Schedule 6 clause 2(1), (2)(a), (3) and (4)(a) delete “Schedule 2” and insert:
Schedule 1
(5)	In Schedule 6 clause 2(2)(b) delete “subsection (7) of section 5A” and insert:
section 7(2)
(6)	In Schedule 6 clause 2(3)(b) and (4)(a)(ii) delete “Area A of the
Zone of Cooperation” and insert:
the Joint Petroleum Development Area
(7)	In Schedule 6 clause 2(4)(b):

(a)	delete “adjacent area” and insert:

offshore area

(b)	delete “subsection (3) of section 5A” and insert:

section 7(1)

(8)

After Schedule 6 clause 2(5) insert:

(6)	A reference in this clause to the area described in Schedule 1 to the Petroleum Act in relation to a State or Territory is a reference to the scheduled area for that State or Territory within the meaning given in that Schedule.