Petroleum (Onshore) Act 1991 Petroleum (Onshore) Amendment Regulation 2002 (2002-56) [GG No 38 of 8.2.2002, p 745] (NSW)

2002 No 56

Petroleum (Onshore) Amendment New South Wales

Regulation 2002

under the

Petroleum (Onshore) Act 1991

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Petroleum (Onshore) Act 1991.

The Hon EDWARD OBEID, M.L.C.,

Minister for Mineral Resources

Explanatory note
The object of this Regulation is to amend the Petroleum (Onshore)

Regulation 1997:

(a)	to specify penalties for certain offences against that Regulation and to increase the penalties for certain other offences, and
(b)	to make it clear that the provisions of certain clauses of that Regulation constitute conditions of a petroleum title, and
(c)	to provide for the issue of, and to prescribe the penalties for, penalty notices for breaches of the conditions of a petroleum title, and
(d)	to prescribe certain matters for the purposes of section 138B of the Petroleum (Onshore) Act 1991.

This Regulation is made under the Petroleum (Onshore) Act 1991, including sections 138 and 138B.

Published in Gazette No 38 of 8 February 2002, page 745	Page 1
[8]
2002 No 56
Clause 1	Petroleum (Onshore) Amendment Regulation 2002

Petroleum (Onshore) Amendment Regulation 2002

1. Name of Regulation

   This Regulation is the Petroleum (Onshore) Amendment
   Regulation 2002.

2. Amendment of Petroleum (Onshore) Regulation 1997

   The Petroleum (Onshore) Regulation 1997 is amended as set out in
   Schedule 1.

2002 No 56

Petroleum (Onshore) Amendment Regulation 2002

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

1. Clause 9 Commencement of exploration activity

   Omit “20 penalty units”. Insert instead “100 penalty units”.

2. Clause 10 Work program to be adhered to

   Insert “, and only the operations,” before “described”.

3. Clause 12 Report on operations in accordance with agenda

   Insert at the end of the clause:

   Maximum penalty: 100 penalty units.

4. Clause 13 Geological plans and records: section 131

Omit “5 penalty units” from clause 13 (4).
Insert instead “100 penalty units”.

1. Clause 23 Environmental practices

   Insert after clause 23 (1):

(1A) It is a condition of every petroleum title that the holder of the
title will comply with the requirements of subclause (1).

1. Clause 24 Safety practices

   Insert after clause 24 (1):

(1A) It is a condition of every petroleum title that the holder of the
title will comply with the requirements of subclause (1).

2002 No 56

Petroleum (Onshore) Amendment Regulation 2002

Schedule 1 Amendments

1. Clauses 28 and 29

   Insert after clause 27:

   28 Penalty notices for contravention of petroleum title:

   section 137A

(1)

For the purposes of section 137A (2) of the Act, the prescribed penalty for an offence under section 136A of the Act that consists of a contravention of or failure to comply with a condition described in Column 2 of Schedule 2 in respect of a petroleum title referred to in Column 1 of that Schedule is the penalty specified in Column 4 of that Schedule opposite the description of the condition.

(2)

For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence under section 136A of the Act that consists of a contravention of or failure to comply with a condition described in Column 2 of Schedule 2 in respect of a petroleum title referred to in Column 1 of that Schedule is:

(a)	the expression specified in Column 3 of that Schedule, or
(b)	if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

29     References to officers in petroleum titles

Pursuant to section 138B of the Act, a reference in any petroleum title to any of the following officers is, for the purpose of the performance of a function involving rehabilitation or environmental requirements, taken to be a reference to the Minister:

District Inspector,
Inspector of Petroleum.

1. Schedule 1 Fees

   Insert at the end of the Schedule:

   On registration of a transfer . . . . . . . . . . . . . . . . . . . . . . $180 On lodgment of a caveat . . . . . . . . . . . . . . . . . . . . . . . . .$250

2002 No 56

Petroleum (Onshore) Amendment Regulation 2002

Amendments Schedule 1

1. Schedule 2

   Insert after Schedule 1:

Schedule 2 Penalty notice offences (Clause 28)

Column 1	Column 2	Column 3	Column 4
Type of	Nature of condition	Short	Penalty for
petroleum title	description of	contravention
contravention or	or failure to
failure to comply	comply
Exploration	Requirement to lodge	Not report	$5,500
licence or	report of exploration	exploration
assessment lease	activity
Exploration	Requirement to leave	Site not clean/tidy	$5,500
licence or	exploration site in
assessment lease	clean and tidy condition
Exploration	Requirement to make	Unsafe excavation	$5,500
licence or	safe any drillholes or
assessment lease	other excavations
Exploration	Requirement to	Not comply with	$5,500
licence or	comply with direction	direction of
assessment lease	given by Inspector or	Inspector/Officer
Environmental Officer
Production lease	Requirement to lodge	Not report	$5,500
report
Production lease	Requirement to	Not comply with	$5,500
comply with direction	direction of
given by Inspector or	Inspector/Officer
Environmental Officer
Production lease	Requirement to ensure	Unsafe operations	$5,500
operations are conducted so as to provide safety to persons and stock

2002 No 56

Petroleum (Onshore) Amendment Regulation 2002

Schedule 1 Amendments

Column 1	Column 2	Column 3	Column 4
Type of	Nature of condition	Short	Penalty for
petroleum title	description of	contravention
contravention or	or failure to
failure to comply	comply
Production lease	Requirement to	Area not clean/tidy	$5,500
maintain lease area in clean and tidy condition

BY AUTHORITY