Petroleum (Offshore) Act 1982 (NSW)
An Act relating to the exploration for, and the exploitation of, the petroleum resources, and certain other resources, of certain submerged lands adjacent to the coasts of New South Wales; to repeal the Petroleum (Submerged Lands) Act 1967 and the Petroleum (Submerged Lands) Taxation Act 1967; to amend the Petroleum Act 1955 and the Pipelines Act 1967; and for other purposes.
WHEREAS in accordance with international law Australia as a coastal state has sovereign rights over the continental shelf beyond the limits of Australian territorial waters for the purpose of exploring it and exploiting its natural resources:
AND WHEREAS Australia is a party to the Convention on the Continental Shelf signed at Geneva on 29 April 1958 in which those rights are defined:
AND WHEREAS by the Seas and Submerged Lands Act 1973 of the Parliament of the Commonwealth, it is declared and enacted that the sovereignty in respect of the territorial sea of Australia and in respect of the airspace over it and in respect of its sea-bed and subsoil, and the sovereignty in respect of certain internal waters of Australia and in respect of the airspace over those waters and in respect of the sea-bed and subsoil beneath those waters is vested in and exercisable by the Crown in right of the Commonwealth:
AND WHEREAS the Parliaments of the States and the Legislative Assembly of the Northern Territory have certain legislative powers in respect of the sea-bed and subsoil referred to in the last preceding recital and the Parliament of the Commonwealth has vested in the Crown in right of each of the States and the Crown in right of the Northern Territory certain proprietary rights in respect of that sea-bed and subsoil:
AND WHEREAS it has been agreed between the Commonwealth, the States and the Northern Territory that, in place of the scheme provided for by an Agreement between the Commonwealth and the States dated 16 October 1967:
(a) legislation of the Parliament of the Commonwealth in respect of the exploration for and the exploitation of the petroleum resources of submerged lands should be limited to the resources of lands beneath waters that are beyond the outer limits of the territorial sea adjacent to the States and the Northern Territory (being outer limits based, unless and until otherwise agreed, on the breadth of that sea being 3 nautical miles), and the States and the Northern Territory should share in the administration of that legislation,
(b) legislation of the Parliament of each State should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the State as is on the landward side of the waters referred to in paragraph (a),
(c) legislation of the Legislative Assembly of the Northern Territory should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the Northern Territory as is on the landward side of the waters referred to in paragraph (a), and
(d) the Commonwealth, the States and the Northern Territory should endeavour to maintain, as far as practicable, common principles, rules and practices in the regulation and control of the exploration for and the exploitation of the petroleum resources of all the submerged lands referred to above that are on the seaward side of the inner limits of the territorial sea of Australia:
This Act may be cited as the Petroleum (Offshore) Act 1982.
This section and section 1 shall commence on the date of assent to this Act.
Except as provided by subsection (1), this Act shall commence on the first day on which all of the following Acts of the Parliament of the Commonwealth, with or without amendments, are in operation, namely, the Seas and Submerged Lands Amendment Act 1980, the Coastal Waters (State Powers) Act 1980, the Coastal Waters (State Title) Act 1980 and the Petroleum (Submerged Lands) Amendment Act 1980.
The Minister shall as soon as is practicable after the commencement of this Act cause notice of the commencement to be published in the Gazette.
The Petroleum (Submerged Lands) Act 1967 and the Petroleum (Submerged Lands) Taxation Act 1967 are repealed.
(Repealed)
The scheme agreed on between the Commonwealth, the States and the Northern Territory, being the scheme set out in Schedule 3, so far as that scheme relates to the operation of this Act, has the force of law by virtue of this subsection.
For the purposes of the scheme set out in Schedule 3, this Act is the State Act of New South Wales and the Minister is the Designated Authority under this Act.
A reference to the Designated Authority in a new permit (within the meaning of the scheme set out in Schedule 3) or a new pipeline licence (within the meaning of that scheme) shall for the purposes of that permit or pipeline licence and this Act be read as a reference to the Minister.
A reference in any other Act, or in any regulation, by-law or other statutory instrument or in any other document, whether of the same or of a different kind, to the “Petroleum (Submerged Lands) Act 1967” shall be read and construed as a reference to the “Petroleum (Submerged Lands) Act 1982”.
Schedule 4 (Savings, transitional and other provisions) has effect.
During the period commencing on the date of commencement of this subsection and ending at the time the Petroleum (Submerged Lands) (Cash Bidding) Amendment Act 1985 of the Commonwealth ceases to be in force this Act shall be read as if the amendments set forth in Schedule 5 (Applications for exploration permits by way of cash bidding) were in force.
(Repealed)
In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
(a) in relation to a permit or licence—cancelled as to 1 or more but not all of the blocks the subject of the permit or licence, and
(b) in relation to a pipeline licence—cancelled as to a part of the pipeline the subject of the licence.
(a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state,
(b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state, or
(c) any naturally occurring mixture of 1 or more hydrocarbons, whether in a gaseous, liquid or solid state, and 1 or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide,
and includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir in the adjacent area.
(a) for returning petroleum to a natural reservoir,
(b) for conveying petroleum for use for the purposes of petroleum exploration operations or operations for the recovery of petroleum,
(c) for conveying petroleum that is to be flared or vented, or
(d) for conveying petroleum from a well to a terminal station without passing through another terminal station, whether the terminal station to which the petroleum is conveyed is in the adjacent area or not.
(a) in relation to a permittee—the number of blocks forming part of a location in the permit area in respect of which that permittee may make an application under section 41 (1), and
(b) in relation to a lessee—the number of blocks in the lease area in respect of which that lessee may make an application under section 41A (1).
(a) the period from and including the date from which the permit, lease or licence comes into force to the end of the month of the year during which that date occurs, and
(b) each month thereafter.
(a) in relation to a permit, lease or licence that has expired—the area constituted by the blocks in respect of which the permit, lease or licence was in force but has not been renewed,
(b) in relation to a permit or lease that has been wholly determined or partly determined—the area constituted by the blocks as to which the permit or lease was so determined,
(c) in relation to a permit or licence that has been wholly cancelled or partly cancelled—the area constituted by the blocks as to which the permit or licence was so cancelled,
(ca) in relation to a lease that has been wholly cancelled—the area constituted by the blocks in respect of which the lease was in force,
(d) in relation to a pipeline licence that is no longer in force—the part of the adjacent area in which the pipeline was constructed,
(e) in relation to a pipeline licence that has been wholly cancelled or partly cancelled—the part of the adjacent area in which the pipeline or the part of the pipeline, as the case may be, was constructed, and
(f) in relation to a special prospecting authority or access authority that has been surrendered or cancelled or has expired—the area constituted by the blocks in respect of which that authority was in force.
In this Act, a reference to the term of a permit, lease, licence, pipeline licence, special prospecting authority or access authority is a reference to the period during which the permit, lease, licence, pipeline licence, special prospecting authority or access authority remains in force and a reference to the date of expiration of a permit, lease, licence, pipeline licence, special prospecting authority or access authority is a reference to the day on which the permit, lease, licence, pipeline licence, special prospecting authority or access authority ceases to be in force.
In this Act, a reference to a year of the term of a permit, lease, licence or pipeline licence is a reference to a period of 1 year commencing on the day on which the permit, lease, licence or pipeline licence, as the case may be, comes into force or on any anniversary of that day.
In this Act, a reference to the renewal, or to the grant of a renewal, of a permit is a reference to the grant of a permit in respect of all or some of the blocks specified in the firstmentioned permit to commence on the day after the date of expiration of the firstmentioned permit or on the day after the date of expiration of the permit granted upon a previous renewal of the firstmentioned permit.
In this Act, a reference to the renewal, or the grant of a renewal, of a lease is a reference to the grant of a lease in respect of the blocks in respect of which the firstmentioned lease was in force to commence on the day after the date of expiration of the firstmentioned lease or on the day after the date of expiration of the lease granted upon a previous renewal of the firstmentioned lease.
In this Act, a reference to the renewal, or to the grant of a renewal, of a licence in respect of the blocks specified in the licence is a reference to the grant of a licence in respect of those blocks to commence on the day after the date of expiration of the firstmentioned licence or on the day after the date of expiration of the licence granted upon a previous renewal of the firstmentioned licence.
In this Act, a reference to the renewal, or to the grant of a renewal, of a pipeline licence in respect of a pipeline is a reference to the grant of a pipeline licence in respect of that pipeline to commence on the day after the date of expiration of the firstmentioned pipeline licence or on the day after the date of expiration of the pipeline licence granted upon a previous renewal of the firstmentioned pipeline licence.
In this Act, a reference to a pipeline includes a reference to a part of a pipeline.
In this Act, a reference to a permit, lease, licence, pipeline licence or access authority is a reference to the permit, lease, licence, pipeline licence or access authority as varied for the time being under this Act.
The power conferred by this Act to make, grant or issue any instrument shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to repeal, rescind, revoke, amend or vary any such instrument.
For the purposes of this Act and the regulations:
(a) the space above or below the adjacent area shall be deemed to be in that area, and
(b) the space above or below an area that is part of the adjacent area shall be deemed to be in that part.
The position on the surface of the Earth of a point, line or area that is necessary to be determined for the purposes of this Act (other than Schedule 2), or of any order, instrument or notification under this Act, is to be determined by reference to the Geocentric Datum of Australia within the meaning of the Surveying and Spatial Information Act 2002.
The points of latitude and longitude referred to in Schedule 2 are to be determined by reference to a spheroid having its centre at the centre of the Earth and a major (equatorial) radius of 6,378,160 metres and a flattening of 100/29825 and by reference to the position of the Johnston Geodetic Station in the Northern Territory of Australia, which is taken to be situated at 133 degrees, 12 minutes and 30.0771 seconds of East Longitude and at 25 degrees, 56 minutes and 54.5515 seconds of South Latitude and to have a ground level of 571.2 metres above that spheroid.
The provisions of this section have effect for the purposes of this Act and of licences.
Where a well-head is situated in a licence area and the well from that well-head is inclined so as to enter a petroleum pool, being a pool that does not extend to that licence area, at a place within an adjoining licence area of the same licensee, any petroleum recovered through that well shall be deemed to have been recovered in that adjoining licence area under the licence in respect of that area.
Where a petroleum pool is partly in 1 licence area and partly in an adjoining licence area of the same licensee and petroleum is recovered from that pool through a well or wells in 1 or both of the licence areas, there shall be deemed to have been recovered in each of the licence areas, under the licence in respect of that area, such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and the respective proportions shall be determined in accordance with subsection (4).
The proportions to be determined for the purposes of subsection (3) may be determined by agreement between the licensee and the Minister or, in the absence of agreement, may be determined by the Supreme Court on the application of the licensee or the Minister.
Where a petroleum pool is partly in a licence area and partly in an area (in this subsection referred to as
The proportion to be determined for the purposes of subsection (5) may be determined by agreement between the licensee, the Joint Authority and the Minister or, in the absence of agreement, may be determined by the Supreme Court on the application of the licensee, the Joint Authority or the Minister.
Where a petroleum pool is partly in a licence area and partly in an area (in this section called
The proportion to be determined for the purposes of subsection (7) may be determined by agreement between the licensee, the Minister and the Minister of the other State administering the corresponding law or, in the absence of agreement, may be determined by the Supreme Court on the application of any of those persons.
Where:
(a) a petroleum pool is partly in a licence area and partly in another area, being an area which is outside the adjacent area and in which the licensee has, under the Commonwealth Act or a corresponding law, authority to explore for, or recover, petroleum,
(b) petroleum is recovered from that pool, and
(c) the Supreme Court of another State makes a determination, under the Commonwealth Act or a corresponding law, of the proportion of the petroleum recovered from that pool that is, for the purposes of the Commonwealth Act or the corresponding law, to be deemed to have been recovered from the other area,
the Supreme Court shall not make a determination under this section that is inconsistent with the determination of the Supreme Court of the other State.
Where:
(a) a petroleum pool is partly in a licence area and partly in another area, whether in the adjacent area or not, in respect of which another person has authority, whether under this Act, the Commonwealth Act or a corresponding law, to explore for or recover petroleum,
(b) a unit development agreement in accordance with section 60 is in force between the licensee and that other person, and
(c) petroleum is recovered from that pool through a well or wells in the licence area, the other area or both,
there shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as is specified in, or determined in accordance with, the agreement.
In this section, a reference to a licence, a licensee or a licence area shall be read as including a reference to a permit and a lease, a permittee and a lessee or a permit area and a lease area.
This Act applies to all natural persons, whether Australian citizens or not and whether resident in New South Wales or not, and to all corporations, whether incorporated or carrying on business in New South Wales or not.
In this Part, the
The Minister may exercise any power which the Commonwealth Act is expressed to authorize the Minister to exercise as a member of the Joint Authority.
The Minister shall perform any function which the Commonwealth Act is expressed to require the Minister to perform as a member of the Joint Authority.
The Minister is authorized to perform the functions and exercise the powers which the Commonwealth Act is expressed to require or empower the Designated Authority in respect of the Commonwealth offshore area to perform or exercise.
Where, in the exercise of a power which the Commonwealth Act is expressed to confer upon the Designated Authority in respect of the Commonwealth offshore area the Minister delegates a power to a person who is a public servant or who holds any office in the service of New South Wales, the person may exercise the power.
A public servant shall perform any function which the Minister, as the Designated Authority in respect of the Commonwealth offshore area, or as a member of the Joint Authority, requires the public servant to perform in relation to the Commonwealth Act.
Subject to this Act and the regulations, the provisions of the laws, whether written or unwritten, in force in New South Wales for the time being (other than laws of the Commonwealth) and the provisions of any instrument having effect under any of those laws, apply, as provided by this section, in the adjacent area and so apply as if that area were part of New South Wales.
The laws referred to in subsection (1) do not include laws that for the time being apply in the adjacent area by virtue of the Crimes at Sea Act 1998 or the Application of Laws (Coastal Sea) Act 1980.
A law shall be taken to be a law in force in New South Wales notwithstanding that that law applies to part only of New South Wales.
The provisions referred to in subsection (1) apply to and in relation to all acts, omissions, matters, circumstances and things touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum and the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil.
Without limiting the operation of subsection (4), the provisions referred to in subsection (1) apply:
(a) to and in relation to:
(i) an act or omission that takes place in, on, above, below or in the vicinity of, and
(ii) a matter, circumstance or thing that exists or arises with respect to or in connection with,
a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for any reason touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum or the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil,
(b) to and in relation to a person who:
(i) is in the adjacent area for a reason of the kind referred to in paragraph (a), or
(ii) is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of the kind referred to in paragraph (a), and
(c) to and in relation to a person in respect of the person’s carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (a).
This section does not extend to the provisions of any law or instrument:
(a) in so far as they apply to or in relation to exploration for, or operations for the recovery of, petroleum,
(b) in so far as they apply to or in relation to the construction or operation of pipelines,
(c) in so far as they are incapable of application in the adjacent area, or
(d) in so far as they are expressed not to extend to or apply in the adjacent area.
This section does not limit the operation that any law or instrument has apart from this section.
The regulations may provide that such of the provisions referred to in subsection (1) as are specified in the regulations do not apply by reason of this section or so apply with such modifications as are specified in the regulations.
For the purposes of subsection (8),
Subject to this section, the several courts of New South Wales are invested with jurisdiction in all matters arising under the applied provisions, this Act or the regulations.
The jurisdiction with which the several courts are invested by subsection (1) is invested within the limits (other than limits having effect by reference to localities) of their several jurisdictions.
(Repealed)
This section does not limit the jurisdiction that any court has apart from this section.
The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister delegate to a person any of the Minister’s powers or functions under this Act or the regulations, other than this power of delegation.
A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act or the regulations, be deemed to have been exercised or performed by the Minister.
A delegation under this section may be expressed as a delegation to the person for the time being holding, or performing the duties of, a specified office under the Commonwealth, a State or a Territory.
A delegation under this section made at any time by a person who is at that time the Minister continues in force notwithstanding that at some subsequent time a different person is the Minister or there is no person who is the Minister, but such a delegation may be revoked or varied by any person who is for the time being the Minister.
A delegation under this section of a power or function does not prevent the exercise of the power or the performance of the function by the Minister.
A copy of each instrument making, varying or revoking a delegation shall be published in the Gazette.
For the purposes of this Act, the surface of the Earth shall be deemed to be divided:
(a) by the meridian of Greenwich and by meridians that are at a distance from that meridian of 5 minutes, or a multiple of 5 minutes, of longitude, and
(b) by the equator and by parallels of latitude that are at a distance from the equator of 5 minutes, or a multiple of 5 minutes, of latitude,
into sections, each of which is bounded:
(c) by portions of 2 of those meridians that are at a distance from each other of 5 minutes of longitude, and
(d) by portions of 2 of those parallels of latitude that are at a distance from each other of 5 minutes of latitude.
For the purposes of this Act:
(a) a graticular section that is wholly within the adjacent area constitutes a block, and
(b) if a part only of a graticular section is, or parts only of a graticular section are, within the adjacent area, the area of that part, or of those parts, constitutes a block.
In this Act:
(a) a reference to a block that is constituted by a graticular section includes a reference to a block that is constituted by the area of a part only, or by the areas of parts only, of a graticular section, and
(b) a reference to a graticular section that constitutes a block includes a reference to a graticular section part only of which constitutes, or parts only of which constitute, a block.
The Minister may, by instrument published in the Gazette, declare that a block specified in the instrument (not being a block in respect of which a permit, lease or licence is in force or over or in which there is a pipeline) shall not be the subject of a permit, lease, licence, special prospecting authority or access authority and that a pipeline licence shall not be granted in respect of a pipeline over or in that block.
While a declaration under subsection (1) remains in force in respect of a block, a permit, lease, licence, special prospecting authority or access authority shall not be granted in respect of that block and a pipeline licence shall not be granted in respect of a pipeline over or in that block.
A person shall not explore for petroleum in the adjacent area except:
(a) under and in accordance with a permit, or
(b) as otherwise permitted by this Part.
Maximum penalty: 500 penalty units or imprisonment for 5 years, or both.
For the purposes of subsection (1), a person who does anything preparatory to, or knowingly connected with, exploration for petroleum is taken to explore for petroleum.
The Minister may, by instrument published in the Gazette:
(a) invite applications for the grant of a permit in respect of the block or blocks specified in the instrument, and
(b) specify a period within which applications may be made.
The Minister may, for reasons that the Minister thinks sufficient, in an instrument under subsection (1), direct that section 22 (2) or (3) does not apply, or that both of those subsections do not apply, to or in relation to the applications.
(Repealed)
An application under section 21:
(a) shall be in accordance with an approved form,
(b) shall be made in an approved manner,
(c) shall be in respect of not more than 400 blocks,
(d) shall be accompanied by particulars of:
(i) the proposals of the applicant for work and expenditure in respect of the blocks specified in the application,
(ii) the technical qualifications of the applicant and of the applicant’s employees,
(iii) the technical advice available to the applicant, and
(iv) the financial resources available to the applicant,
(e) may set out any other matters that the applicant wishes the Minister to consider, and
(f) shall be accompanied by the prescribed fee.
The number of blocks specified in the application:
(a) if 16 blocks or more are available—shall not be less than 16, or
(b) if less than 16 blocks are available—shall be the number available.
The blocks specified in the application shall be blocks that are constituted by graticular sections that:
(a) constitute a single area, and
(b) are such that each graticular section in that area has a side in common with at least 1 other graticular section in that area.
The Minister may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the time specified in the instrument, further information in writing in connection with the application.
(Repealed)
Where an application has been made under section 21, the Minister may:
(a) by instrument in writing served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a permit in respect of the block or blocks specified in the instrument, or
(b) refuse to grant a permit to the applicant.
An instrument under subsection (1) shall contain:
(a) a summary of the conditions subject to which the permit 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 (3) in respect of the grant of the permit.
An applicant on whom there has been served an instrument under subsection (1) may, within a period of 1 month after the date of service of the instrument on the applicant, or within such further period, not exceeding 1 month, as the Minister, on application in writing served on the Minister before the expiration of the firstmentioned period of 1 month, allows, by instrument in writing served on the Minister, request the Minister to grant to the applicant the permit referred to in the firstmentioned instrument.
Where an applicant on whom there has been served an instrument under subsection (1) has made a request under subsection (3) within the period applicable under subsection (3), the Minister shall grant to the applicant an exploration permit for petroleum in respect of the block or blocks specified in the instrument.
Where an applicant on whom there has been served an instrument under subsection (1) has not made a request under subsection (3) within the period applicable under subsection (3), the application lapses upon the expiration of that period.
Where:
(a) a lease is surrendered, cancelled or determined as to a block or blocks,
(aa) a licence is surrendered or cancelled as to a block or blocks, or
(b) a permit is surrendered, cancelled or determined as to a block or blocks and, at the time of the surrender, cancellation or determination, the block was, or was included in, or the blocks were, or were included in, a location,
the Minister may, at any subsequent time, by instrument published in the Gazette, invite applications for the grant of a permit in respect of that block or such of those blocks as are specified in the instrument and specify a period within which applications may be made.
(Repealed)
An application under this section:
(a) shall be in accordance with an approved form,
(b) shall be made in an approved manner,
(c) shall be accompanied by the particulars referred to in section 22 (1) (d),
(d) shall specify an amount that the applicant is prepared to pay to the Minister, in addition to the fee referred to in section 25 (1) (a), in respect of the grant of a permit on the application, and
(e) may set out any other matters that the applicant wishes the Minister to consider.
The Minister may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the time specified in the instrument, further information in writing in connexion with this application.
An application under section 24 shall be accompanied by:
(a) the prescribed fee, and
(b) a deposit of 10 per cent of the amount specified in the application under section 24 (4) (d).
Where a permit is not granted on the application, the amount of the deposit is, subject to subsection (3), to be refunded to the applicant.
Where an applicant on whom there has been served an instrument under section 26 does not request the Minister, in accordance with section 27, to grant the permit referred to in the instrument, the deposit shall not, unless the Minister otherwise determines, be refunded to the applicant.
Where, at the expiration of the period specified in an instrument under section 24 (1), only 1 application has been made under that subsection in respect of the block or blocks specified in the instrument, the Minister may reject the application or may, by instrument in writing served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a permit in respect of that block or those blocks.
Where, at the expiration of the period specified in an instrument under section 24 (1), 2 or more applications have been made under that subsection in respect of the block or blocks specified in the instrument, the Minister may reject any or all of the applications and, if the Minister does not reject all of the applications, may:
(a) if only 1 application remains unrejected—by instrument in writing served on the applicant, or
(b) if 2 or more applications remain unrejected—by instrument in writing served on the applicant, or on 1 of the applicants, whose application has not been rejected and who has specified as the amount that the applicant is prepared to pay in respect of the grant of a permit to the applicant an amount that is not less than the amount specified by any other applicant whose application has not been rejected,
inform the applicant that the Minister is prepared to grant to the applicant a permit in respect of that block or those blocks.
(Repealed)
An instrument under this section shall contain:
(a) a summary of the conditions subject to which the permit is to be granted, and
(b) a statement to the effect that the application will lapse if the applicant does not:
(i) make a request under section 27 (1), and
(ii) pay the balance of the amount to be paid in respect of the grant of the permit to the applicant or enter into an agreement under section 110 in respect of that balance.
An applicant on whom there has been served an instrument under section 26 may, within a period of 3 months after the date of service of the instrument on the applicant, or within such further period, not exceeding 3 months, as the Minister, on application in writing served on the Minister before the expiration of the firstmentioned period of 3 months, allows:
(a) by instrument in writing served on the Minister, request the Minister to grant to the applicant the permit referred to in the firstmentioned instrument, and
(b) pay the balance of the amount to be paid in respect of the grant of the permit to the applicant or enter into an agreement under section 110 in respect of that balance.
(c) (Repealed)
Where an applicant on whom there has been served an instrument under section 26:
(a) has not made a request under subsection (1), and
(b) has not paid the balance of the amount to be paid in respect of the grant of the permit to the applicant or entered into an agreement under section 110 in respect of that balance,
(c) (Repealed)
within the period applicable under subsection (1), the application lapses upon the expiration of that period.
Where the application of an applicant on whom there has been served an instrument under section 26 (2) lapses as provided by subsection (2), section 26 (2) applies in respect of the application or applications, if any, then remaining unrejected.
Where a person on whom there has been served an instrument under section 26:
(a) has made a request under section 27 (1), and
(b) has paid the balance of the amount to be paid in respect of the grant of a permit to the applicant or has entered into an agreement under section 110 in respect of that balance,
(c) (Repealed)
within the period applicable under section 27 (1), the Minister shall grant to that person an exploration permit for petroleum in respect of the block or blocks specified in the instrument.
A permit, while it remains in force, authorizes the permittee, subject to this Act and the regulations and in accordance with the conditions to which the permit is subject, to explore for petroleum, and to carry on such operations and execute such works as are necessary for that purpose, in the permit area.
Subject to this Part, a permit remains in force:
(a) in the case of a permit granted otherwise than by way of the renewal of a permit—for a period of 6 years commencing on the day on which the permit is granted or, if a later day is specified in the permit as being the day on which the permit is to come into force, on that later day, and
(b) in the case of a permit granted by way of the renewal of a permit—for a period of 5 years commencing on the day on which the permit is granted or, if a later day is specified in the permit as being the day on which the permit is to come into force, on that later day.
Subject to sections 32 and 32A, a permittee may, from time to time, make an application to the Minister for the renewal of the permit in respect of such of the blocks the subject of the permit as are specified in the application.
An application for the renewal of the permit:
(a) shall be in accordance with an approved form,
(b) subject to subsection (3), shall be made in an approved manner not less than 3 months before the date of expiration of the permit, and
(c) shall be accompanied by the prescribed fee.
The Minister may, for reasons that the Minister thinks sufficient, receive an application for the renewal of the permit less than 3 months before, but not in any case after, the date of expiration of the permit.
Subject to subsection (3), the number of blocks in respect of which an application for the renewal of a permit may be made shall not exceed the number calculated as follows:
(a) where the number of blocks in respect of which the permit is in force is a number that is divisible by 2 without remainder—one-half of that number, or
(b) where the number of blocks in respect of which the permit is in force is a number that is 1 less or 1 more than a number that is divisible by 4 without remainder—one-half of that lastmentioned number.
A block that is, or is included in, a location and in respect of which the permit is in force shall not be regarded as a block in respect of which the permit is in force for the purpose of making a calculation under subsection (1).
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.
The blocks specified in an application for the renewal of a permit shall be blocks that are constituted by or are within graticular sections that:
(a) constitute a single area or a number of discrete areas, and
(b) are such that each graticular section in the area, or in each area, has a side in common with at least 1 other graticular section in that area.
Where the number of blocks in respect of which an application for the renewal of a permit may be made is 16 or more, each area constituted by blocks in respect of which the application is made shall be constituted by not less than 16 blocks.
Where the maximum number of blocks in respect of which an application for the renewal of a permit may be made in accordance with the preceding provisions of this section is less than 16, the Minister may, by instrument in writing served on the permittee:
(a) inform the permittee that the number of blocks in respect of which the application may be made is such number, not exceeding 16, as is specified in the instrument, and
(b) give such directions as the Minister thinks fit concerning the blocks in respect of which the application may be made.
The Minister may, for reasons that the Minister thinks sufficient:
(a) direct that subsections (4) and (5) do not apply to or in relation to a proposed application for the renewal of a permit, and
(b) give such directions as the Minister thinks fit concerning the blocks in respect of which that application may be made.
This section applies to an application for the renewal of a permit if:
(a) the original permit was granted under section 23:
(i) on or after 1 January 2006, and
(ii) as a result of an application made in response to an invitation in an instrument that was published under section 21 (1) on or after 1 January 2006, or
(b) the original permit was granted under section 28 on or after 1 January 2006.
A permittee must not make such an application if it could result in the original permit being renewed more than twice.
Where an application has been made for the renewal of a permit, the Minister:
(a) shall, if the conditions to which the permit is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with, or
(b) may, if:
(i) any of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with, and
(ii) the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the permit,
by instrument in writing served on the person who is then the permittee, inform the person that the Minister is prepared to grant to the person the renewal of the permit.
If any of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with, and if the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the permit, the Minister shall, subject to subsection (3), by instrument in writing served on the person who is then the permittee, refuse to grant the renewal of the permit.
The Minister shall not refuse to grant the renewal of the permit unless:
(a) the Minister has, by instrument in writing served on the permittee, given not less than 1 month’s notice of the Minister’s intention to refuse to grant the renewal of the permit,
(b) the Minister has served a copy of the instrument on such other persons, if any, as the Minister thinks fit,
(c) the Minister has, in the instrument:
(i) given particulars of the reasons for the intention, and
(ii) specified a date on or before which the permittee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he or she wishes the Minister to consider, and
(d) the Minister has taken into account any matters so submitted to the Minister on or before the specified date by the permittee or by a person on whom a copy of the firstmentioned instrument has been served.
An instrument referred to in subsection (1) shall contain:
(a) a summary of the conditions to which the permit, on the grant of the renewal, is to be subject, and
(b) a statement to the effect that the application will lapse if the permittee does not make a request under subsection (5).
A permittee on whom there has been served an instrument under subsection (1) may, within a period of 1 month after the date of service of the instrument on the permittee, by instrument in writing served on the Minister, request the Minister to grant to the permittee the renewal of the permit.
Where a permittee on whom there has been served an instrument under subsection (1) has made a request under subsection (5) within the period referred to in subsection (5), the Minister shall grant to the permittee the renewal of the permit.
Where a permittee on whom there has been served an instrument under subsection (1) has not made a request under subsection (5) within the period referred to in subsection (5), the application lapses upon the expiration of that period.
Where:
(a) an application for the renewal of a permit has been made, and
(b) the permit expires:
(i) before the Minister grants, or refuses to grant, the renewal of the permit, or
(ii) before the application lapses as provided by subsection (7),
the permit shall be deemed to continue in force in all respects:
(c) until the Minister grants, or refuses to grant, the renewal of the permit, or
(d) until the application so lapses,
whichever first happens.
A permit may be granted subject to such conditions as the Minister thinks fit and specifies in the permit.
The conditions referred to in subsection (1) may include conditions with respect to:
(a) work to be carried out by the permittee in or in relation to the permit area during the term of the permit,
(b) amounts to be expended by the permittee in the carrying out of such work, or
(c) both those matters,
and the conditions requiring the permittee to comply with directions given in accordance with the permit concerning the matters referred to in paragraphs (a) and (b).
A permit shall be deemed to contain a condition that the permittee will comply with the provisions of this Act relating to the payment of royalty, as in force from time to time.
Where petroleum is discovered in a permit area, the permittee:
(a) shall forthwith inform the Minister of the discovery, and
(b) shall, within a period of 3 days after the date of the discovery, furnish to the Minister particulars in writing of the discovery.
Where petroleum is discovered in a permit area, the Minister may, from time to time, by instrument in writing served on the permittee, direct the permittee to furnish to him, within the period specified in the instrument, particulars in writing of any 1 or more of the following:
(a) the chemical composition and physical properties of the petroleum,
(b) the nature of the subsoil in which the petroleum occurs, and
(c) any other matters relating to the discovery that are specified by the Minister in the instrument.
A person to whom a direction is given under subsection (2) shall comply with the direction.
Maximum penalty: 100 penalty units.
Where petroleum is discovered in a permit area, the Minister may, by instrument in writing served on the permittee, direct the permittee to do, within the period specified in the instrument, such things as the Minister thinks necessary and specifies in the instrument to determine the chemical composition and physical properties of the petroleum and to determine the quantity of petroleum in the petroleum pool to which the discovery relates or, if part only of that petroleum pool is within the permit area, in such part of that petroleum pool as is within the permit area.
A person to whom a direction is given under subsection (1) shall comply with the direction.
Maximum penalty: 100 penalty units.
Where a petroleum pool is identified in a permit area, the permittee may nominate the block in which the pool is situated, or the blocks (being blocks within the permit area) to which the pool extends, for declaration as a location.
Where 2 or more petroleum pools are identified in a permit area, the permittee may, instead of making a nomination under subsection (1) in relation to each pool, nominate all of the blocks to which the pools extend, or to which any 2 or more of the pools extend, for declaration as a single location.
A nomination may not be made under subsection (2) unless, in the case of each of the pools to which the nomination relates, at least one of the blocks to which the pool extends immediately adjoins a block to which the other, or another, of those pools extends.
A nomination by a permittee must be in writing and served on the Minister.
A nomination may not be made by a permittee unless the permittee or another person has, whether within or outside the permit area, recovered petroleum from the petroleum pool to which the nomination relates or, if the nomination relates to more than one pool, from each of those pools.
Where:
(a) the Minister is of the opinion that a permittee is entitled to nominate a block or blocks under subsection (1) or (2), and
(b) the permittee has not done so,
the Minister may require the permittee to exercise the permittee’s right to nominate the block or blocks within 3 months after the date of the making of the requirement.
A requirement by the Minister under subsection (6) must be by written notice served on the permittee.
On written request by a permittee within the period fixed by subsection (6), the Minister may extend the time for compliance with a requirement under that subsection by not more than 3 months.
If a permittee fails to comply with a requirement under subsection (6), the Minister may, by written notice served on the permittee, nominate the block or blocks for declaration as a location.
Where:
(a) a permittee has made a nomination under section 37, and
(b) the Minister is of the opinion that the permittee is entitled under that section to nominate the block or blocks specified in the nomination,
the Minister must, by notice published in the Gazette, declare the block or blocks to which the nomination relates to be a location.
Where the Minister has made a nomination under section 37 (9), the Minister must, by notice published in the Gazette, declare the block or blocks to which the nomination relates to be a location.
The Minister may, at the request of the permittee, revoke a declaration.
The Minister may vary a declaration:
(a) by adding to the location a block in the permit area to which, in the opinion of the Minister, a petroleum pool within the location extends, or
(b) by deleting from the location a block to which, in the opinion of the Minister, no petroleum pool within the location extends.
The Minister may not vary a declaration unless:
(a) the Minister has caused to be served on the permittee notice in writing of the proposed variation, identifying the block to be added to, or deleted from, the location, and
(b) the period of 30 days after the date of service of the notice has expired, and
(c) the Minister has considered any matters submitted to the Minister by the permittee in relation to the proposed variation.
Subsection (5) does not apply where a variation is made at the request of the permittee.
For the purposes of section 37, a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
(a) have a side in common, or
(b) are joined together at 1 point only.
A permittee whose permit is in force in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Minister for the grant by the Minister of a lease in respect of that block, or in respect of one or more of those blocks, as the case may be.
An application under subsection (1):
(a) shall be in accordance with an approved form,
(b) shall be made in an approved manner,
(c) shall be accompanied by particulars of:
(i) the proposals of the applicant for work and expenditure in respect of the area comprised in the blocks specified in the application, and
(ii) the commercial viability of the recovery of petroleum from the area comprised in the blocks specified in the application at the time of the application, and particulars of the possible future commercial viability of the recovery of petroleum from that area,
(d) may set out any other matters that the applicant wishes to be considered, and
(e) shall be accompanied by the prescribed fee.
The Minister may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the time specified in the instrument, further information in writing in connection with the application.
The application period in respect of an application under this section by a permittee is:
(a) the period of 2 years after the date on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location, or
(b) such other period, not less than 2 years or more than 4 years after that date, as the Minister, on application in writing by the permittee, served on the Minister before the end of the firstmentioned period of 2 years, allows.
Where:
(a) an application has been made under section 39A,
(b) the applicant has furnished any further information as and when required by the Minister under section 39A (3), and
(c) the Minister is satisfied that recovery of petroleum from the area comprised in the blocks specified in the application:
(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 instrument in writing served on the applicant, inform the applicant:
(d) that the Minister is prepared to grant to the applicant a lease in respect of the block or blocks specified in the application.
(e) (Repealed)
Where an application has been made under section 39A and:
(a) the applicant has not furnished any further information as and when required by the Minister under section 39A (3), or
(b) the Minister is not satisfied as to the matters referred to in subsection (1) (c) in relation to the blocks specified in the application,
the Minister shall, by instrument in writing served on the applicant, refuse to grant a lease to the applicant.
An instrument under subsection (1) 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 (4) in respect of the grant of the lease.
An applicant on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument, or within such further period, not exceeding one month, as the Minister, on application in writing served on the Minister before the end of the firstmentioned period of one month, allows, by instrument in writing served on the Minister, request the Minister to grant the lease to the applicant.
Where an applicant on whom there has been served an instrument under subsection (1) has made a request under subsection (4) within the period applicable under subsection (4), the Minister shall grant to the applicant a retention lease in respect of the block or blocks specified in the instrument.
Where an applicant on whom there has been served an instrument under subsection (1) has not made a request under subsection (4) within the period applicable under subsection (4), the application lapses upon the expiration of that period.
On the day on which a lease granted under this section in respect of a block or blocks comes into force, the permit in respect of the block or blocks ceases to be in force in respect of those blocks.
Where:
(a) after an application has been made under section 39A (1) in relation to a block or blocks in respect of which a permit is in force, and
(b) before a decision has been made by the Minister under section 39B (1) or (2) in relation to the application,
a transfer of the permit is registered under section 78, sections 39A and 39B have effect, after the time of the transfer, as if any reference in those sections to the applicant were a reference to the transferee.
A lease, while it remains in force, authorizes the lessee, subject to this Act and the regulations and in accordance with the conditions to which the lease is subject, to explore for petroleum, and to carry on such operations and execute such works as are necessary for that purpose, in the lease area.
Subject to this Part, a lease (whether granted by way of renewal of a lease or otherwise) remains in force for a period of 5 years commencing on the day on which the lease was granted or, if a later day is specified in the lease as being the day on which the lease is to come into force, on that later day.
Where:
(a) a lessee has been given a notice of the kind referred to in section 39H (3) during the term of the lease and has carried out, and has informed the Minister of the results of, the re-evaluation required by the notice,
(b) the lessee has not made an application for the renewal of the lease, and
(c) after consideration of the results of the re-evaluation referred to in paragraph (a) and such other matters as the Minister thinks fit, the Minister is of the opinion that recovery of petroleum from the lease area is commercially viable,
the Minister may serve on the lessee and on such other persons as the Minister thinks appropriate an instrument in writing:
(d) informing the lessee or the other person that the Minister has formed that opinion and that the Minister intends to cancel the lease, and
(e) stating that the lessee or the other person may serve an instrument in writing on the Minister within the period specified in the firstmentioned instrument, not being a period ending earlier than one month after the date of service of the firstmentioned instrument, setting out any matters that the lessee or the other person, as the case may be, wishes to be considered.
Where:
(a) an instrument under subsection (1) is served on a lessee, and
(b) the lessee does not, within the period referred to in subsection (1) (e), serve on the Minister an instrument setting out matters that the lessee wishes to be considered or the Minister, after consideration of matters set out in an instrument served on the Minister by the lessee within that period, determines that the lease should be cancelled,
the Minister shall, by instrument in writing served on the lessee, cancel the lease.
The cancellation of a lease under subsection (2) has effect:
(a) in a case to which paragraph (b) does not apply—at the end of the period of 12 months commencing on the date of service of the instrument of cancellation, or
(b) in a case where the lessee makes an application for a licence in respect of one or more of the blocks comprised in the lease within the period referred to in paragraph (a)—when the Minister grants, or refuses to grant, the licence or when the application lapses, whichever first happens.
Where a lease is cancelled under subsection (2), the lease shall be deemed to continue in force in all respects until the cancellation has effect in accordance with subsection (3).
A lessee may, from time to time, make an application to the Minister for the renewal of the lease.
An application for the renewal of a lease:
(a) shall be in accordance with an approved form,
(b) subject to subsection (3), shall be made in an approved manner not less than 6 months or more than 12 months before the day on which the lease ceases to be in force,
(c) shall be accompanied by particulars of:
(i) the proposals of the applicant for work and expenditure in respect of the lease area, and
(ii) particulars of the commercial viability of recovery of petroleum from the lease at the time of the application and particulars of the possible future commercial viability of recovery of petroleum from the lease area, and
(d) shall be accompanied by the prescribed fee.
The Minister may, for reasons that the Minister thinks sufficient, receive an application for the renewal of the lease less than 6 months before, but not in any case after, the day on which the lease ceases to be in force.
Where an application has been made for the renewal of a lease, the Minister may, at any time, by instrument in writing served on the lessee, require the lessee to furnish, within the time specified in the instrument, further information in writing in connection with the application.
Where:
(a) an application for the renewal of a lease has been made under section 39F, and
(b) any further information required by the Minister under section 39F (4) has been furnished in accordance with that subsection, and
(c) the Minister is satisfied that recovery of petroleum from the lease 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:
(d) shall, if the conditions to which the lease is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with, or
(e) may, if:
(i) any of the conditions to which the lease is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with, and
(ii) the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the lease,
by instrument in writing served on the person who is then the lessee, inform the person that the Minister is prepared to grant to the person the renewal of the lease.
Subject to subsection (3), where an application for the renewal of a lease has been made under section 39F and:
(a) any further information required by the Minister under subsection 39F (4) has not been furnished in accordance with that subsection, or
(b) the Minister is not satisfied as to the matters referred to in subsection (1) (c), or
(c) any of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with and the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the lease,
the Minister shall, by instrument in writing served on the person who is then the lessee, refuse to grant the renewal of the lease.
The Minister shall not refuse to grant the renewal of the lease unless:
(a) the Minister has, by instrument in writing served on the lessee, given not less than one month’s notice of the Minister’s intention to refuse to grant the renewal of the lease,
(b) the Minister has served a copy of the instrument on such other persons, if any, as the Minister thinks fit,
(c) the Minister has, in the instrument:
(i) given particulars of the reasons for the intention, and
(ii) specified a date on or before which the lessee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that the lessee wishes to be considered, and
(d) the Minister has taken into account any matters so submitted on or before the specified date by the lessee or by a person on whom a copy of the firstmentioned instrument has been served.
An instrument referred to in subsection (1) shall contain:
(a) a summary of the conditions to which the lease, on the grant of the renewal, is to be subject, and
(b) a statement to the effect that the application will lapse if the lessee does not make a request under subsection (6).
An instrument under subsection (2) shall, where the Minister refuses to grant the renewal of a lease by reason only that the Minister is not satisfied as to the matter referred to in subsection (1) (c) (i), contain a statement to the effect that the lessee may, within the period of 12 months after the date of service of the instrument, make an application for a licence in respect of one or more of the blocks comprised in the lease.
A lessee on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on the lessee, by instrument in writing served on the Minister, request the Minister to grant the renewal of the lease to the lessee.
Where a lessee on whom there has been served an instrument under subsection (1) has made a request under subsection (6) within the period referred to in subsection (6), the Minister shall grant to the lessee the renewal of the lease.
Where a lessee on whom there has been served an instrument under subsection (1) has not made a request under subsection (6) within the period referred to in subsection (6), the application lapses upon the expiration of that period.
Where:
(a) an application for the renewal of a lease has been made, and
(b) the lease expires:
(i) before the Minister grants, or refuses to grant, the renewal of the lease, or
(ii) before the application lapses as provided by subsection (8),
the lease shall be deemed to continue in force in all respects:
(c) until the Minister grants, or refuses to grant, the renewal of the lease, or
(d) until the application so lapses,
whichever first happens.
Where the Minister refuses to grant the renewal of a lease by reason only that the Minister is not satisfied as to the matter referred to in subsection (1) (c) (i), the lease shall be deemed to continue in force in all respects:
(a) in a case to which paragraph (b) does not apply—until 12 months after the date of service of the instrument under subsection (2), or
(b) in a case where the lessee makes an application for a licence in respect of one or more of the blocks comprised in the lease within the period of 12 months after the date referred to in paragraph (a)—until the Minister grants, or refuses to grant, the licence or until the application lapses, whichever first happens.
A lease may be granted subject to such conditions as the Minister thinks fit and are specified in the lease.
The conditions referred to in subsection (1) may include conditions with respect to work to be carried out by the lessee in or in relation to the lease area during the term of the lease, or amounts to be expended by the lessee in the carrying out of such work, or conditions with respect to both of those matters, including conditions requiring the lessee to comply with directions given in accordance with the lease concerning those matters.
A lease shall be deemed to contain a condition that the lessee will, within the period of 3 months after the receipt of a written notice from the Minister requesting the lessee to do so or within such further period as the Minister, on application in writing served on the Minister before the end of the firstmentioned period, allows, re-evaluate the commercial viability of petroleum production in the lease area (otherwise than by the drilling of wells) and inform the Minister in writing of the result of the re-evaluation.
Where a lessee has complied with a notice of the kind referred to in subsection (3) during the term of the lease, the Minister shall not give to the lessee during that term a further notice of that kind.
Where petroleum is discovered in a lease area, the lessee:
(a) shall forthwith inform the Minister of the discovery, and
(b) shall, within a period of 3 days after the date of the discovery, furnish to the Minister particulars in writing of the discovery.
Where petroleum is discovered in a lease area, the Minister may, from time to time, by instrument in writing served on the lessee, direct the lessee to furnish to the Minister, within the period specified in the instrument, particulars in writing of any one or more of the following:
(a) the chemical composition and physical properties of the petroleum,
(b) the nature of the subsoil in which the petroleum occurs,
(c) any other matters relating to the discovery that are specified by the Minister in the instrument.
A person to whom a direction is given under subsection (2) shall comply with the direction.
Maximum penalty: 100 penalty units.
Where petroleum is discovered in a lease area, the Minister may, by instrument in writing served on the lessee, direct the lessee to do, within the period specified in the instrument, such things as the Minister thinks necessary and specifies in the instrument to determine the chemical composition and physical properties of that petroleum and to determine the quantity of petroleum in the petroleum pool to which the discovery relates or, if part only of that petroleum pool is within the lease area, in such part of that petroleum pool as is within the lease area.
A person to whom a direction is given under subsection (1) shall comply with the direction.
Maximum penalty: 100 penalty units.
A person shall not carry on operations for the recovery of petroleum in the adjacent area except:
(a) under and in accordance with a licence, or
(b) as otherwise permitted by this Part.
Maximum penalty: 500 penalty units or imprisonment for 5 years, or both.
A permittee whose permit is in force in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Minister for the grant of a licence:
(a) where 9 or more blocks constitute the location concerned—in respect of 5 of those blocks,
(b) where 8 or 7 blocks constitute the location concerned—in respect of 4 of those blocks,
(c) where 6 or 5 blocks constitute the location concerned—in respect of 3 of those blocks,
(d) where 4 or 3 blocks constitute the location concerned—in respect of 2 of those blocks,
(e) where 2 blocks constitute the location concerned—in respect of 1 of those blocks, or
(f) where 1 block constitutes the location concerned—in respect of that block.
A permittee whose permit is in force in respect of blocks that constitute a location:
(a) instead of making an application under subsection (1) in respect of the permittee’s primary entitlement, may, within the application period, make an application to the Minister for the grant of a licence in respect of a number of those blocks that is less than the permittee’s primary entitlement, and
(b) being the holder of a licence referred to in paragraph (a), may, from time to time within that period, make an application to the Minister for the variation of that licence to include in the licence area a number of those blocks that does not exceed the number, if any, by which the holder’s primary entitlement exceeds the number of blocks in respect of which that licence was granted and the number of blocks, if any, included in that licence by reason of any previous variations of that licence.
Where:
(a) a permittee makes an application under subsection (1) in respect of the permittee’s primary entitlement, or
(b) a permittee who is the holder of a licence in respect of a number of blocks that is less than the permittee’s primary entitlement makes an application under subsection (2) for a variation of that licence, and the number of blocks in respect of which that licence was granted, together with the number of blocks included, and sought to be included, in the licence area by reason of applications under that subsection, is the permittee’s primary entitlement,
the permittee may, within the application period, make an application to the Minister for the grant of a licence in respect of any of the other blocks forming part of the location concerned.
Subject to subsection (5), the application period in respect of an application under this section by a permittee is:
(a) the period of 2 years after the date on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location, or
(b) such other period, not less than 2 years or more than 4 years after that date, as the Minister, on application by the permittee, in writing, served on the Minister before the expiration of the period of 2 years, referred to in paragraph (a), allows.
Where:
(a) a permittee applies for the grant by the Minister of a licence in respect of a block or blocks in respect of which the permittee has applied for a lease under section 39A, and
(b) an instrument refusing to grant the lease is served on the permittee pursuant to section 39B (2),
the application period is whichever of the following periods last expires:
(c) the period that is applicable under subsection (4),
(d) the period of 12 months after the day of service of the instrument.
A lessee whose lease is in force may make an application to the Minister for the grant by the Minister of a licence:
(a) where the lease is in respect of 9 blocks—in respect of 5 of those blocks,
(b) where the lease is in respect of 8 or 7 blocks—in respect of 4 of those blocks,
(c) where the lease is in respect of 6 or 5 blocks—in respect of 3 of those blocks,
(d) where the lease is in respect of 4 or 3 blocks—in respect of 2 of those blocks,
(e) where the lease is in respect of 2 blocks—in respect of one of those blocks, or
(f) where the lease is in respect of one block—in respect of that block.
At any time while a lease is in force, the lessee may, instead of making an application under subsection (1) in respect of the lessee’s primary entitlement, make an application to the Minister for the grant by the Minister of a licence in respect of a number of blocks that is less than the lessee’s primary entitlement.
2. If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, the adjacent area of New South Wales shall be determined as if the breadth of the territorial sea had continued to be 3 nautical miles.
(Section 3 (4))
In this scheme:
References in this scheme to a State shall, unless the contrary intention appears, be read as including references to the Northern Territory.
On and after the commencing day but subject to the law relating to surrender, cancellation, variation or suspension of permits, each subsisting permit shall be deemed to comprise 2 permits, being:
(a) a permit under the Commonwealth Act, in respect of the portion of the permit area that is within the Commonwealth jurisdiction, for the balance of the period of the subsisting permit but otherwise in the same terms as the subsisting permit, and
(b) a permit under the State Act, in respect of the portion of the permit area that is within the State jurisdiction of a State, for the balance of the period of the subsisting permit but otherwise in the same terms as the subsisting permit.
The carrying out of work or the expenditure of money by the permittee in or in relation to the permit area of either of the new permits (whether before or after the commencing day) is to be taken into account as performance to the extent of that work or expenditure of the conditions of both the new permits.
For the purposes of any condition of a new permit relating to the carrying out of work or the expending of moneys by the permittee:
(a) a reference in that condition to a year of the permit shall be read as a reference to a year that was, or would have been, that year of the subsisting permit, and
(b) the new permits shall be deemed to have been in force during the whole of the year of the subsisting permit that is current on the commencing day.
A variation or suspension of, or an exemption from compliance with, any of the conditions of a new permit arising out of a subsisting permit shall not have effect unless the same variation, suspension or exemption is effected in respect of the other new permit arising out of the same subsisting permit.
In a matter arising under a State Act in relation to a new permit, being a matter of a kind that, if it arose under the Commonwealth Act, would be a matter for decision by, or could be referred to, a Joint Authority established under the Commonwealth Act, the Designated Authority under the State Act shall not take action except after consultation with the Commonwealth Minister.
A person who holds 2 new permits arising out of a subsisting permit may apply under the Commonwealth Act for renewal of the new permit under that Act and may apply under the State Act for renewal of the new permit under that Act, or may make either of those applications.
If a person who was the holder of 2 new permits arising out of a subsisting permit has ceased to be the holder of 1 of those permits, the person may apply under the Commonwealth Act or the State Act, whichever is appropriate, for renewal of the other new permit, and the relevant Act shall apply in relation to such an application as if the new permit had been a permit granted under that Act in respect of the blocks that are comprised in the new permit.
Where the holder of 2 new permits arising out of a subsisting permit wishes to apply for renewal of either or both of the new permits, the blocks that were comprised in the subsisting permit that may be included, in whole or in part, in the application or applications shall be selected in accordance with the Commonwealth Act as if the new permits were 1 permit under the Commonwealth Act and the application or applications were an application under that Act for renewal of that permit.
For the purposes of subclause (3), the Designated Authority under the Commonwealth Act may exercise the Designated Authority’s powers under section 31 (5) and (6) of the Commonwealth Act.
An application referred to in subclause (3) under the Commonwealth Act shall relate to the blocks selected in accordance with that subclause, and parts of those blocks, that are within the Commonwealth jurisdiction and an application referred to in that subclause under the State Act shall relate to the blocks so selected, and parts of those blocks, that are within the State jurisdiction.
Subject to the foregoing provisions of this clause, an application under the Commonwealth Act made in accordance with this clause shall be dealt with under the Commonwealth Act and an application under the State Act made in accordance with this clause shall be dealt with under the State Act.
For the purposes of the application, in accordance with this clause, of the provisions of the Commonwealth Act or of a State Act relating to the renewal of permits, a reference in those provisions to compliance with the conditions to which the permit is subject shall be read as including a reference to compliance with the conditions to which the subsisting permit was subject before the commencing day.
On and after the commencing day but subject to the law relating to surrender, cancellation or variation of pipeline licences, each subsisting pipeline licence shall be deemed to comprise 2 pipeline licences, being:
(a) a pipeline licence under the Commonwealth Act, in respect of the portion of the pipeline that is, or is to be, within the Commonwealth jurisdiction, for the balance of the period of the subsisting pipeline licence but otherwise in the same terms as the subsisting pipeline licence, but so that those terms shall have effect only to the extent that they are applicable to or in relation to the portion of the pipeline that is, or is to be, within the Commonwealth jurisdiction, and
(b) a pipeline licence under the State Act, in respect of the portion of the pipeline that is, or is to be, within the State jurisdiction of a State, for the balance of the period of the subsisting pipeline licence but otherwise in the same terms as the subsisting pipeline licence, but so that those terms shall have effect only to the extent that they are applicable to or in relation to the portion of the pipeline that is, or is to be, within that State jurisdiction.
For the purposes of the application, in relation to a new pipeline licence, of the provisions of the Commonwealth Act or of a State Act relating to the renewal of pipeline licences, a reference in those provisions to compliance with the conditions to which the pipeline licence is subject shall be read as including a reference to compliance with the conditions to which the subsisting pipeline licence was subject before the commencing day.
A transfer of a new permit arising out of a subsisting permit or of a new pipeline licence arising out of a subsisting pipeline licence shall not be made unless a transfer to the same transferee of the other new permit or new pipeline licence arising out of that subsisting permit or subsisting pipeline licence (if that other permit or licence is still in force) is made at the same time and neither of such transfers has effect before the other transfer has been approved in accordance with the Commonwealth Act, or the relevant State Act, as the case requires.
All legal and equitable interests and rights that existed immediately before the commencing day in or in relation to a subsisting permit or subsisting pipeline licence, to the extent that those interests or rights were applicable in relation to the permit area of a new permit arising out of that subsisting permit, or to the portion of the pipeline to which a new pipeline licence arising out of that subsisting pipeline licence relates, shall be deemed to continue in or in relation to that new permit or new pipeline licence.
Every approval, consent or direction given before the commencing day under or in relation to a subsisting permit or subsisting pipeline licence has effect, on and after the commencing day, in relation to each new permit or new pipeline licence arising out of that subsisting permit or subsisting pipeline licence, as if it were a corresponding approval, consent or direction given under or in relation to that new permit or new pipeline licence.
The Register kept and maintained by the Designated Authority for the purposes of the Commonwealth Act immediately before the commencing day shall continue to be the Register for the purposes of the Commonwealth Act and, except as provided in clause 9 of this scheme, shall cease on that day to be the Register for the purposes of a State Act.
This clause applies to:
(a) every instrument being a subsisting permit or subsisting pipeline licence, and
(b) any instrument by which such a permit or licence has been transferred or by which a legal or equitable interest in or affecting such a permit or licence has or may have been created, assigned, affected or dealt with, being an instrument in respect of which an entry or notation has been made before the commencing day in the Register kept for the purposes of the Commonwealth Act.
On the commencing day, the Designated Authority under the Commonwealth Act shall forthwith make such entries in the Register referred to in subclause (1) and on copies of instruments to which this clause applies that are kept by the Designated Authority as the Designated Authority thinks appropriate to indicate that instruments to which this clause applies have effect subject to the provisions of this scheme.
For the purposes of a State Act but subject to subclause (4), the Commonwealth Register shall be deemed to be the State Register in relation to instruments to which this clause applies to the extent that they have effect under a State Act in accordance with this scheme, transfers of interests under such instruments, and instruments by which legal or equitable interests in or affecting interests under such instruments are, or may be, created.
The Designated Authority under a State Act may, if he thinks fit to do so, make entries in the Register kept by the Designated Authority under the State Act, in accordance with the State Act, in respect of a subsisting permit or subsisting pipeline licence that has effect, in accordance with this scheme, under the law of the State, and if he does so:
(a) he shall make an appropriate entry of the kind referred to in subclause (2), and
(b) the Commonwealth Register shall cease to be deemed to be the State Register in relation to that permit or licence to the extent that it has effect under the State Act in accordance with this scheme, or in relation to instruments of the kind referred to in subclause (3) affecting that permit or licence as so having effect.
In the application in relation to, or to transactions in respect of, a new permit or new pipeline licence of the laws of the Commonwealth and of the States relating to fees:
(a) a reference to a year of the term of the permit or licence shall be read as a reference to a year that would have been a year of the term of the subsisting permit or subsisting pipeline licence commencing on or after the commencing day,
(b) fees in respect of a year of the term of the subsisting permit or subsisting pipeline licence that commenced before the commencing day and not paid before the commencing day shall be payable in accordance with the law that was in force immediately before that day, and
(c) a person is not liable to pay by way of such fees in respect of any year or transaction a greater total amount than would have been payable if the subsisting permit or subsisting pipeline licence had continued in force and the whole of the permit area, or the whole of the pipeline, had been within the Commonwealth jurisdiction.
(Section 3 (8))
The regulations may contain provisions of a savings or transitional nature consequent on:
(a) the publication by the Surveyor-General of a notice under section 4 (2) of the Survey (Geocentric Datum of Australia) Act 1999, or
(b) the enactment of the following Acts:
• Survey (Geocentric Datum of Australia) Act 1999
• Petroleum (Submerged Lands) Amendment (Permits and Leases) Act 2005
Any such provision may, if the regulations so provide, take effect from the date of publication of the notice under section 4 (2) of the Survey (Geocentric Datum of Australia) Act 1999 or the date of assent to the Act concerned (as the case may be), or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to 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 the date of its publication.
In this clause,
Section 78 of this Act as amended by the amending Act applies in relation to applications for approval of transfers of permits, licences, pipeline licences or access authorities lodged after the commencement of Schedule 6 (4) to the amending Act.
A transfer approved and registered under section 78 before the commencement of Schedule 6 (4) to the amending Act shall be deemed to have been approved and registered under section 78 of this Act as amended by the amending Act.
Subject to subclauses (5)–(7), sections 81 and 81A of this Act as amended by the amending Act apply in relation to dealings evidenced by instruments executed after the commencement of this subclause.
A party to an instrument to which section 81 of this Act applied, being an instrument that had not been approved under that section, may, if the instrument evidences a dealing:
(a) to which section 81 of this Act as amended by the amending Act would, if the instrument had been executed after the commencement of this subclause, apply, and
(b) that relates to a permit, licence, pipeline licence or access authority that was in existence at the time of execution of the instrument,
make an application in writing, within 12 months after the commencement of this subclause, to the Minister for approval of the dealing.
Where:
(a) before the commencement of this subclause, 2 or more persons entered into a dealing relating to a permit, licence, pipeline licence or access authority that was not in existence at the time of execution of the instrument evidencing the dealing,
(b) that dealing would, if the instrument evidencing the dealing had been executed after the commencement of this subclause, be a dealing referred to in section 81A (1) of this Act as amended by the amending Act, and
(c) that permit, licence, pipeline licence or access authority has come, or comes, into existence,
a party to the dealing may make an application in writing within:
(d) in a case where that permit, licence, pipeline licence or access authority came into existence before the commencement of this subclause, 12 months after that commencement, or
(e) in any other case, 3 months after that permit, licence, pipeline licence or access authority comes into existence,
to the Minister for approval of the dealing.
Section 81 of this Act as amended by the amending Act (other than subsections (5) and (6) of that section) applies to a dealing in respect of which an application is made under subclause (5) or (6).
A direction in force under section 101 immediately before the commencement of this subclause shall, after that commencement, continue to apply to the person or persons to whom it applied before that commencement as if it were a direction under section 101 as amended by the amending Act.
A registered holder is not required by section 101 (2A) of this Act as amended by the amending Act to cause a copy of a direction to which subclause (8) applies to be given to another person or to cause a copy of such a direction to be exhibited at a place frequented by that other person if the direction or a copy of the direction was served on the person before the commencement of this subclause.
A permit granted under section 23B, as set forth in Schedule 5 (applications for exploration permits by way of cash bidding) as inserted by the amending Act, shall continue in force after the time the Petroleum (Submerged Lands) (Cash Bidding) Amendment Act 1985 of the Commonwealth ceases to be in force as if the amendments set forth in that Schedule were still in force.
If:
(a) at the commencement of this clause, a nomination had been made under section 37, and
(b) at that commencement, a declaration had not been made under section 38 as a result of the making of the nomination,
sections 37, 38 or 39, as in force immediately before the commencement of this clause, continue to have effect in relation to that nomination and the block or blocks that would be affected by a declaration as if the amending Act had not been enacted.
A declaration made under section 38 as continued in force by subclause (1) has effect, and this Act, as amended by the amending Act, applies to the declaration, as if the declaration had been made under that section as amended by the amending Act.
A declaration in force under section 38 immediately before the commencement of this clause has effect after that commencement as if it were a declaration under section 38, as amended by the amending Act.
If:
(a) the permittee under a permit granted before the commencement of this clause applies under section 41, as amended by the amending Act, for a licence, and
(b) the location that includes the block or blocks to which the application relates was declared under section 38, as amended by the amending Act, and
(c) the location consists of not more than 8 blocks, and
(d) the Minister notifies the applicant in writing that, in the Minister’s opinion, the number of blocks specified in the notification represents the maximum number of blocks that the applicant would have been entitled to have declared as a location instead of the block or blocks constituting the location referred to in paragraph (b) if the amending Act had not been enacted, and
(e) the number of blocks specified in the notification exceeds the number of blocks in the location referred to in paragraph (b),
section 41 (1), as amended by the amending Act, applies as if the firstmentioned location were constituted by the number of blocks specified in the notification referred to in paragraph (d).
If, when the first regulations made for the purposes of section 81 (4) (b), as amended by the amending Act, take effect, an application for approval of a dealing has been made but the Minister has neither approved nor refused to approve the dealing:
(a) the Minister must give to the applicant written notice that the applicant is entitled to lodge an instrument for the purpose of section 81 (4) (b) in relation to the application, and
(b) the applicant may lodge an instrument for the purpose of section 81 (4) (b), and
(c) the application must not be dealt with by the Minister until after the end of 30 days after the day on which notice is given for the purpose of paragraph (a), and
(d) if the applicant lodges an instrument under paragraph (b)—the applicant must lodge with the instrument 2 copies of the instrument.
An instrument lodged under subclause (5) must be taken, for the purposes of section 81 (13), as amended by the amending Act, to have accompanied the application when the application was lodged.
This clause is taken to have commenced on 14 January 1992 (28 days after the date of assent to the amending Act).
Subclauses (1)–(6) re-enact (with minor modifications) Schedule 3 to the amending Act. Subclauses (1)–(6) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
In this clause:
In this Part, the
(Renumbered as clause 1AA)
(Renumbered as clause 1AA)On the commencement of this clause, an exploration permit that is in force applies to an area of land (in so far as a graticular section or unit referred to in section 18 is used to specify the area) determined in accordance with section 7 as repealed and re-enacted by the amending Act.
To the extent that, by the operation of subclause (1), the area to which an exploration permit in force on the commencement of this clause applies would be taken to include:
(a) land outside New South Wales, or
(b) any land over which, according to the provisions of Part 4 or of any other Act or law, the grant of a permit is prohibited,
the land is excluded from the area.
On application made in writing, within 90 days after the commencement of this clause, by the holder of a permit applying to an area from which any land has been excluded by the operation of subclause (1), the Minister, on being satisfied that, before the commencement of this clause, significant evidence of valuable petroleum deposits existed in relation to the excluded land, may by order amend the permit so as to restore the whole or a specified part of the land excluded.
An order may be made under subclause (3) even though the land restored would, but for the order, have been subject to another permit.
A person dissatisfied with the decision of the Minister on an application under this clause may appeal to a Warden’s Court. In determining the appeal, the Court has all the functions of the Minister under this clause.
No compensation is payable to any person for loss or damage arising from the operation of this clause.
On the commencement of this clause, a pending application for an exploration licence applies to an area of land (in so far as a graticular section or unit referred to in section 18 is used to specify the area) determined in accordance with section 7 as repealed and re-enacted by the amending Act.
If, before the commencement of the amendment to section 39H made by the Petroleum (Submerged Lands) Amendment (Permits and Leases) Act 2005:
(a) a lessee had already complied with a notice of the kind referred to in section 39H (3) during the term of the lease, and
(b) the Minister had given to the lessee during that term a further notice of that kind, and
(c) the lessee had not complied with the further notice,
this Act has effect, after the commencement of that amendment, as if the Minister had not given the further notice.
A reference in any other Act (other than the Statute Law (Miscellaneous Provisions) Act 2007), in any instrument made under another Act, or in any document of any kind, to the Petroleum (Submerged Lands) Act 1982 of this State is to be read as a reference to the Petroleum (Offshore) Act 1982.
An amendment made to this Act by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2014 applies only to royalty under this Act that is payable in respect of a royalty period that commences on or after the commencement of the amendment.
This Act, as in force before such an amendment, continues to apply to royalty under this Act that is payable in respect of a royalty period that commenced before the commencement of the amendment.
A requirement imposed by or under this Act to pay royalty under this Act to the Minister is taken, from the relevant commencement date, to be a requirement to pay royalty under this Act to the Crown.
A reference in any document to royalty payable to the Minister under this Act is taken, from the relevant commencement date, to be a reference to royalty payable to the Crown under this Act.
In this clause, the
(Section 3 (9))
During the period commencing on the date of commencement of section 3 (9) and ending at the time the Petroleum (Submerged Lands) (Cash Bidding) Amendment Act 1985 of the Commonwealth ceases to be in force, this Act is to be read as if the following amendments were in force:
Section 21 (
Section 21 (1A):
After section 21 (1), insert:
A block that has been specified in an instrument under section 23A (1) inviting applications for the grant of a permit in respect of the block shall not be specified in an instrument under subsection (1) at any time during the period specified in the firstmentioned instrument.
Sections 23A–23C:
After section 23, insert:
The Minister may, by instrument published in the Gazette, invite applications by way of cash bidding for the grant by the Minister of a permit in respect of the block or blocks specified in the instrument.
A block that has been specified in an instrument under section 21 (1) inviting applications for the grant of a permit in respect of the block shall not be specified in an instrument under subsection (1) at any time during the period specified in the firstmentioned instrument.
An instrument published under subsection (1) shall:
(a) specify a period within which applications may be made,
(b) state whether the permit to be granted will be able to be renewed,
(c) contain a summary of the conditions subject to which the permit is to be granted, and
(d) specify the matters that the Minister will take into account in determining whether to reject an application.
Where an instrument published under subsection (1) specifies more than one block, those blocks shall be constituted by graticular sections that:
(a) constitute a single area, and
(b) are such that each graticular section in that area has a side in common with at least one other graticular section in that area.
An application under this section:
(a) shall be made within the period specified in the instrument published under subsection (1),
(b) shall be in accordance with an approved form,
(c) shall be made in an approved manner,
(d) shall, where the instrument published under subsection (1) specifies more than one block, be an application for the grant of a permit in respect of all the blocks so specified,
(e) shall be accompanied by particulars of:
(i) the technical qualifications of the applicant and of the employees of the applicant,
(ii) the technical advice available to the applicant, and
(iii) the financial resources available to the applicant,
(f) shall specify an amount that the applicant is prepared to pay in a single payment to the State, in addition to the fee referred to in paragraph (h), in respect of the grant of a permit to the applicant on the application,
(g) may set out any other matters that the applicant wishes to be considered, and
(h) shall be accompanied by a fee of $3,000.
The Minister may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the time specified in the instrument, further information in writing in connection with the application.
Where a permit is not granted on the application, the sum of an amount equal to 90 per cent of the fee paid in accordance with subsection (5) (h) shall be refunded to the applicant.
Where, at the end of the period specified in an instrument published under section 23A (1), only one application has been made under section 23A in respect of the block or blocks specified in the instrument, the Minister may reject the application or may, by instrument in writing served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a permit in respect of that block or those blocks.
Where, at the end of the period specified in an instrument published under section 23A (1), 2 or more applications have been made under section 23A in respect of the block or blocks specified in the instrument, the Minister may reject any or all of the applications and, if the Minister does not reject all of the applications, may:
(a) if only one application remains unrejected—by instrument in writing served on the applicant, or
(b) if 2 or more applications remain unrejected—by instrument in writing served on the applicant, or on one of the applicants, whose application has not been rejected and who has specified for the purposes of section 23A (5) (f) an amount that is not less than the amount so specified by any other applicant whose application has not been rejected,
inform the applicant that the Minister is prepared to grant to the applicant a permit in respect of that block or those blocks.
An instrument served on an applicant under subsection (1) or (2) shall contain:
(a) a summary of the conditions subject to which the permit 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 (4) and pay to the State the amount to be paid in respect of the grant of the permit to the applicant.
An applicant on whom there has been served an instrument under subsection (1) or (2) may, within the period of one month after the date of service of the instrument on the applicant:
(a) by instrument in writing served on the Minister, request the Minister to grant to the applicant the permit referred to in the firstmentioned instrument, and
(b) pay to the State the amount specified by the applicant for the purposes of section 23A (5) (f) in respect of the grant of the permit to the applicant.
Where an applicant on whom there has been served an instrument under subsection (1) or (2):
(a) has made a request under subsection (4) (a), and
(b) has paid to the State the amount specified by the applicant for the purposes of section 23A (5) (f) in respect of the grant of the permit to the applicant,
within the period of one month after the date of service of the instrument on the applicant, the Minister shall, as soon as practicable after the amount referred to in paragraph (b) is paid to the State, grant to the applicant an exploration permit for petroleum in respect of the block or blocks specified in the instrument.
Where an applicant on whom there has been served an instrument under subsection (1) or (2):
(a) has not made a request under subsection (4) (a), or
(b) has not paid to the State the amount specified by the applicant for the purposes of section 23A (5) (f) in respect of the grant of the permit to the applicant,
within the period of one month after the date of service of the instrument on the applicant, the application lapses at the end of that period.
Where the application of an applicant on whom there has been served an instrument under subsection (2) lapses as provided by subsection (6), subsection (2) applies in respect of the application or applications, if any, then remaining unrejected.
Where:
(a) a permit granted under section 23B, being a permit:
(i) the instrument published under section 23A (1) in relation to the grant of which stated that the permit was not able to be renewed, or
(ii) a renewal of which has been granted, expires, and
(b) before the expiry of the permit:
(i) the permittee or the Minister had, under section 37, nominated a block in respect of which the permit was in force,
(ii) not being a case to which subparagraph (i) applies—the Minister had, under section 37 (1) (b), required the permittee to nominate, under section 37, a block in respect of which the permit was in force, or
(iii) a declaration under section 38 (1) had been made in respect of a block in respect of which the permit was in force, not being a declaration that the permittee had, before that expiry, requested be revoked,
the permit shall be deemed to continue in force in all respects in respect of that block (in this subsection referred to as the discovery block) and in respect of such of the blocks that immediately adjoin that block as are blocks in respect of which the permit was in force and are not included in a location:
(c) in a case where the Minister had, under section 37 (1) (b), required the permittee to nominate, under section 37, a block in respect of which the permit was in force and the permittee or the Minister had not, before that expiry, so nominated that block and does not, within the period applicable under section 37 (2), so nominate that block—until the expiration of that period, or
(d) in any other case, until:
(i) a declaration under section 38 (1) in respect of the discovery block is revoked,
(ii) a licence is granted in respect of the discovery block, or
(iii) the application period referred to in section 41 (4) in respect of that block expires without an application under section 41 for a licence in respect of the discovery block having been made by the permittee,
whichever first occurs.
Section 24 (
Section 24 (2), (3):
After “21 (1)” wherever occurring, insert “or 23A (1)”.
Section 31 (
(a) Section 31 (1):
After “Subject to”, insert “subsection (1A) and to”.
(b) Section 31 (1A):
After section 31 (1), insert:
(1A) A permittee shall not make an application for the renewal of a permit granted under section 23B if:
(a) the instrument published under section 23A (1) in relation to the grant of the permit stated that the permit was not able to be renewed, or
(b) a renewal of the permit has previously been granted by the Minister.
Section 32 (
(a) Section 32 (5), (6):
After “Where” wherever occurring, insert “, in relation to a permit other than a permit granted under section 23B,”.
(b) Section 32 (5), (6), (7) (a):
Omit “of a permit” wherever occurring, insert instead “of the permit”.
(c) Section 32 (7):
Omit “The Minister”, insert instead “In relation to a permit other than a permit granted under section 23B, the Minister”.
Section 33 (
(a) Section 33 (1) (d):
Omit “that he will”, insert instead “that the permittee will, in the case of the renewal of a permit other than a permit granted under section 23B,”.
(b) Section 33 (4) (b):
Omit the paragraph, insert instead:
(b) a statement:
(i) in the case of the renewal of a permit granted under section 23B—to the effect that the application will lapse if the permittee does not make a request under subsection (5), or
(ii) in any other case—to the effect that the application will lapse if the permittee does not make a request under subsection (5) and lodge with the Minister the security referred to in the instrument.
(c) Section 33 (5) (b):
Before “lodge with”, insert “in the case of the renewal of a permit other than a permit granted under section 23B—”.
(d) Section 33 (6) (b):
Before “has lodged”, insert “in the case of the renewal of a permit other than a permit granted under section 23B—”.
(e) Section 33 (7) (b):
Before “has not lodged”, insert “in the case of the renewal of a permit other than a permit granted under section 23B—”.
Section 34 (
(a) Section 34 (2):
Omit “The conditions”, insert instead “Subject to subsection (2A), the conditions”.
(b) Section 34 (2A):
After section 34 (2), insert:
(2A) A permit granted under section 23B shall not be granted subject to conditions requiring work to be carried out by the permittee in or in relation to the permit area or requiring the permittee to expend amounts in the carrying out of work in or in relation to the permit area.
Section 137 (
Section 137 (2):
At the end of section 137, insert:
Fees under this section are not payable in respect of a permit granted under section 23B.
0
0
0