Petroleum (Submerged Lands) Act 1967 (Cth)
This compilation was prepared on 29 March 2007
taking into account amendments up to Act No. 8 of 2007
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
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, by the Seas and Submerged Lands Act 1973, 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 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 paragraph 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 lieu 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 three nautical miles), and that the States and the Northern Territory should share, in the manner provided in this Act, 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:
BE IT THEREFORE enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:
This Act may be cited as the
Petroleum (Submerged Lands) Act 1967 .
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) In this Act, unless the contrary intention appears:
access authority means an access authority under Part III.
adjacent area means an adjacent area in respect of a State or Territory ascertained in accordance with section 5A andthe adjacent area means the adjacent area in respect of the State or Territory concerned.
application for a primary licence means an application under subsection 40(1) or (2) or 40B(2) or (3) andprimary licence means a licence granted on such an application.
application for a secondary licence means an application under subsection 40(3) or 40B(4) andsecondary licence means a licence granted on such an application.
approved means approved by the Designated Authority.
block means a block constituted as provided by section 17 or 149.
construct includesplace andconstruction has a corresponding meaning.
datum means a reference frame for defining geographic co‑ordinates.Note: If the position on the surface of the Earth of a particular point is identified by a co‑ordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different co‑ordinate.
document includes any map, book, record or writing.
Eastern Greater Sunrise area means the part of the adjacent area in respect of the Northern Territory that is described in Schedule 8 under the heading that refers to the Eastern Greater Sunrise area.
facility includes a structure or installation of any kind.
Gas Pipelines Access Law has the same meaning as in subsection 5(1) of theGas Pipelines Access (Commonwealth) Act 1998 .
gas pipelines access legislation has the same meaning as in the Gas Pipelines Access Law.
geographic co‑ordinate includes:
(a) a meridian of longitude by itself; and
(b) a parallel of latitude by itself.
good oil‑field practice means all those things that are generally accepted as good and safe in the carrying on of exploration for petroleum, or in operations for the recovery of petroleum, as the case may be.
good processing and transport practices means all those things that are generally accepted as good and safe in the processing and storage of petroleum and the preparation of petroleum for transport.
graticular section means a section referred to in section 17.
Greater Sunrise unit area means the area described in Schedule 8 under the heading that refers to the Greater Sunrise unit area.
Greater Sunrise unitisation agreement means the Agreement between the Government of Australia and the Government of the Democratic Republic of Timor‑Leste relating to the Unitisation of the Sunrise and Troubadour Fields done at Dili on 6 March 2003.Note: In 2004, the text of the agreement was available in the Australian Treaties Database of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department’s world‑wide web site.
Greater Sunrise unit reservoir licence means a licence in respect of one or more blocks within the Eastern Greater Sunrise area that would allow the licensee to recover petroleum from either or both of the Greater Sunrise unit reservoirs.
Greater Sunrise unit reservoirs means the Unit Reservoirs within the meaning of the Greater Sunrise unitisation agreement.
Greater Sunrise visiting inspector means an inspector who is specified in the certificate given to that inspector under subsection 125(2) as being a Greater Sunrise visiting inspector.
infrastructure facilities has the meaning given by section 5AAB.
infrastructure licence means an infrastructure licence under Part III.
infrastructure licence area , in relation to an infrastructure licence, means the place in respect of which the infrastructure licence is in force.
infrastructure licensee means the registered holder of an infrastructure licence.
inspector means a person appointed under section 125.
Joint Petroleum Development Area has the same meaning as in thePetroleum ( Timor Sea Treaty) Act 2003 .
lease means a retention lease under Part III.
lease area means the area constituted by the blocks that are the subject of a lease.
lessee means the registered holder of a lease.
licence means a production licence for petroleum under Part III.
licence area means the area constituted by the blocks that are the subject of a licence.
licensee means the registered holder of a licence.
location means a block or blocks in respect of which a declaration under section 37 is in force.
natural resources has the same meaning as in paragraph 4 of Article 77 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.
operation means an activity to which Part III applies.
partly cancelled means:
(a) in relation to a permit or licence—cancelled as to one 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.
partly determined , in relation to a permit or lease, means determined as to one or more but not all of the blocks the subject of the permit or lease.
permit means an exploration permit for petroleum under Part III.
permit area means the area constituted by the blocks that are the subject of a permit.
permittee means the registered holder of a permit.
petroleum means:
(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 one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one 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.
petroleum pool means a naturally occurring discrete accumulation of petroleum.
pipeline means a pipe or system of pipes in an adjacent area for conveying petroleum, whether the petroleum is petroleum recovered from an adjacent area or not, but does not include a pipe or system of pipes:
(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, wherever located, to a terminal station in an adjacent area without passing through another terminal station.
pipeline licence means a licence under Part III to construct and operate a pipeline.
pipeline licensee means the registered holder of a pipeline licence.
primary entitlement means:
(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 subsection 40(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 subsection 40B(2).
Principal Northern Territory PSL area means the part of the adjacent area in respect of the Northern Territory that is comprised of all of that adjacent area apart from the Eastern Greater Sunrise area.
pumping station means equipment for pumping petroleum or water and includes any structure associated with that equipment.
Register means a Register kept in pursuance of Division 5 of Part III andthe Register , in relation to the Designated Authority in respect of an adjacent area, or a part of an adjacent area, means the Register so kept by that Designated Authority.
registered holder , in relation to a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority, means the person whose name is for the time being shown in the Register as being the holder of the permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority.
secondary line means a pipe or system of pipes for any purpose referred to in paragraphs (a), (b), (c) and (d) of the definition ofpipeline .
special prospecting authority means a special prospecting authority under Part III.
tank station means a tank or system of tanks for holding or storing petroleum and includes any structure associated with that tank or system of tanks.
terminal station means a pumping station, a tank station or a valve station declared to be a terminal station under section 63.
Territory means Territory in which this Act applies or to which this Act extends.
the applied provisions means the provisions applied in accordance with section 9, or the laws and instruments applied in accordance with section 11, as the case may be.
the continental shelf means the continental shelf, within the meaning of theSeas and Submerged Lands Act 1973 , adjacent to the coast of Australia (including the coast of any island forming part of a State or Territory) or of a Territory.
the Commonwealth Minister means the Minister for the time being administering this Act, and includes another Minister for the time being acting for and on behalf of that Minister.
the Designated Authority , in relation to:
(a) an act, matter, circumstance or thing touching, concerning, arising out of or connected with:
(i) the exploration of the sea‑bed or subsoil of an adjacent area, or of part of an adjacent area, for petroleum; or
(ii) the exploitation of the natural resources, being petroleum, of that sea‑bed or subsoil; or
(iii) the construction or operation of pipelines in an adjacent area, or a part of an adjacent area; or
(b) petroleum recovered in an adjacent area, or a part of an adjacent area;
means the Designated Authority in respect of that adjacent area, or that part of an adjacent area.
the Joint Authority , in relation to:
(a) an act, matter, circumstance or thing touching, concerning, arising out of or connected with:
(i) the exploration of the sea‑bed or subsoil of an adjacent area, or of part of an adjacent area, for petroleum;
(ii) the exploitation of the natural resources, being petroleum, of that sea‑bed or subsoil; or
(iii) the construction or operation of pipelines in an adjacent area, or a part of an adjacent area; or
(b) petroleum recovered in an adjacent area, or a part of an adjacent area;
means the Joint Authority established by this Act in respect of that adjacent area, or that part of an adjacent area.
the Registration Fees Act means thePetroleum (Submerged Lands) (Registration Fees) Act 1967 .
the relinquished area means:
(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; and
(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; and
(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; and
(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; and
(cb) in relation to an infrastructure licence that has been surrendered, cancelled or terminated—the place that constituted the infrastructure licence area; and
(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; and
(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.
the Royalty Act means thePetroleum (Submerged Lands) (Royalty) Act 1967 .
the State Minister , in relation to a State, means the Minister of the State who is for the time being authorized under the law of the State to perform the functions of a Designated Authority under this Act.
the Northern Territory Minister means the Minister of the Northern Territory who is for the time being authorized under the law of the Northern Territory to perform the functions of a Designated Authority under this Act.
Third Party Access Code means:
(a) the National Third Party Access Code for Natural Gas Pipeline Systems, a copy of which, as agreed by the Council of Australian Governments on 7 November 1997, is set out in Schedule 2 to the
Gas Pipelines Access (South Australia) Act 1997 of South Australia; or(b) if that Code is amended in accordance with Schedule 1 to that Act, that Code as so amended and in force for the time being;
as it applies in the area where the pipeline concerned is situated.
Timor Sea Treaty means the Timor Sea Treaty between Australia and East Timor done on 20 May 2002 as amended from time to time.Note: The text of the Treaty is set out in the Australian Treaty Series at [2003] ATS 13. In 2004 this was available in the Australian Treaties Database of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department’s world‑wide web site.
Timor Sea Treaty Designated Authority means the Designated Authority within the meaning of thePetroleum ( Timor Sea Treaty) Act 2003 .
valve station means equipment for regulating the flow of petroleum and includes any structure associated with that equipment.
vessel means a vessel used in navigation, other than air navigation, and includes a barge, lighter or other floating vessel.
water line means a pipe or system of pipes for conveying water in connexion with petroleum exploration operations or operations for the recovery of petroleum.
well means a hole in the sea‑bed or subsoil made by drilling, boring or any other means in connexion with exploration for petroleum or operations for the recovery of petroleum, but does not include a seismic shot hole.
Western Greater Sunrise area means the area described in Schedule 8 under the heading that refers to the Western Greater Sunrise area.Note: Activities occurring in the Western Greater Sunrise area in relation to the exploration, development and exploitation of the Greater Sunrise unit reservoirs are dealt with under the
Petroleum ( Timor Sea Treaty) Act 2003 .
wholly cancelled , in relation to a permit, lease, license or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit, lease, licence or pipeline licence.
wholly determined , in relation to a permit or lease, means determined as to all the blocks the subject of the permit or lease.
(2) In this Act, a reference to the term of a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority is a reference to the period during which the permit, lease, licence, infrastructure 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, special prospecting authority or access authority is a reference to the day on which the permit, lease, licence, special prospecting authority or access authority ceases to be in force.
(3) In this Act, a reference to a year of the term of a permit, lease, licence, infrastructure licence or pipeline licence is a reference to a period of one year commencing on the day on which the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, comes into force or on any anniversary of that day.
(4) 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 first‑mentioned permit to commence on the day after the date of expiration of the first‑mentioned permit or on the day after the date of expiration of the permit granted upon a previous renewal of the first‑mentioned permit.
(4A) 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 first‑mentioned lease was in force to commence on the day after the date of expiration of the first‑mentioned lease or on the day after the date of expiration of the lease granted upon a previous renewal of the first‑mentioned lease.
(5) 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 first‑mentioned licence or on the day after the date of expiration of the licence granted upon a previous renewal of the first‑mentioned licence.
(7) In this Act, a reference to a pipeline includes a reference to a part of a pipeline.
(8) In this Act, a reference to a permit, lease, licence, infrastructure licence, pipeline licence or access authority is a reference to the permit, lease, licence, infrastructure licence, pipeline licence or access authority as varied for the time being under this Act.
(1) For the purposes of this Act, but subject to subsection (2), the adjacent area in respect of a State other than Western Australia is so much of the area described in Schedule 2 under the heading that refers to that State as comprises waters of the sea that:
(a) are not within the outer limits of the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); and
(b) are within the outer limits of the continental shelf.
(1A) For the purposes of this Act, but subject to subsections (2) and (10), the adjacent area in respect of Western Australia or the Northern Territory is so much of the area described in Schedule 2 under the heading that refers to that State or Territory as comprises waters of the sea that:
(a) are not within the outer limits of the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); and
(b) are within the outer limits of the continental shelf; and
(c) are not within the Joint Petroleum Development Area.
(2) If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, subsections (1) and (1A) continue to have effect as if the breadth of the territorial sea of Australia had continued to be 3 nautical miles.
(3) For the purposes of this Act, but subject to subsection (10), the adjacent area in respect of the Territory of Ashmore and Cartier Islands is so much of the area described in Schedule 2 under the heading that refers to that Territory as comprises land and water that:
(a) are within the outer limits of the continental shelf; and
(b) are not within the Joint Petroleum Development Area.
(4) This Act, and any Act with which this Act is incorporated, have effect in relation to so much of the adjacent area in respect of the Territory of Ashmore and Cartier Islands as consists of land as though that land were beneath the sea and were portion of the sea‑bed and subsoil of that adjacent area.
(5) For the purposes of this Act, the adjacent area in respect of Norfolk Island is the area the boundaries of which are:
(a) the coastline at mean low water of Norfolk Island; and
(b) the outer limit of the superjacent waters of the continental shelf adjacent to the coast of Norfolk Island.
(6) For the purposes of this Act, the adjacent area in respect of the Territory of Heard Island and McDonald Islands is the area the boundaries of which are:
(a) the coast lines at mean low water of the islands comprising that Territory; and
(b) the outer limit of the superjacent waters of the continental shelf adjacent to the coasts of those islands.
(6A) For the purposes of this Act, the adjacent area in respect of the Territory of Christmas Island is the area whose boundaries are:
(a) the coastline at mean low water of Christmas Island; and
(b) the outer limit of the superjacent waters of the continental shelf adjacent to the coast of Christmas Island.
(6B) For the purposes of this Act, the adjacent area in respect of the Territory of Cocos (Keeling) Islands comprises the following areas:
(a) the area whose boundaries are:
(i) the coastline at mean low water of the north atoll of the Territory (otherwise called North Keeling Island); and
(ii) the outer limit of the superjacent waters of the continental shelf adjacent to the coast of that Island;
(b) the area whose boundaries are:
(i) the coastlines at mean low water of the remaining islands of the Territory; and
(ii) the outer limit of the superjacent waters of the continental shelf adjacent to the coasts of those islands.
(7) For the purposes of this Act, the Coral Sea area is so much of the area to the east of the adjacent area in respect of Queensland as comprises waters of the sea that are within the outer limits of the continental shelf, other than any part of that area that is to the south of the parallel of Latitude 25° South or that is on the landward side of the coastline of any island at mean low water.
Note: For datum, see section 150M.
(8) This Act, and any Act with which this Act is incorporated, apply in relation to the Coral Sea area as if that area were part of the adjacent area in respect of Queensland and references in this Act, and in any Act with which this Act is incorporated, to the adjacent area in respect of a State, shall, in relation to Queensland, be read as including references to the Coral Sea area.
(9) For the purposes of subsections (5), (6) and (7), the continental shelf does not include any area of seabed and subsoil that, by virtue of an agreement in force between Australia and another country, is not an area over which Australia exercises sovereign rights.
(10) For the purposes of an Act to which this subsection applies, this section has effect as if paragraphs (1A)(c) and (3)(b) were omitted.
(11) The regulations may prescribe the Acts to which subsection (10) applies.
(1) If:
(a) a petroleum mining instrument has been granted on the basis that an area is within the adjacent area in respect of a State or the Northern Territory; and
(b) there is a change to the baseline of Australia’s territorial sea or, because new data are obtained or existing data are reconsidered, the location of the baseline is reassessed; and
(c) as a result of the change to, or reassessment of the location of, the baseline, the area:
(i) ceases to be within the adjacent area in respect of the State or Territory; and
(ii) falls within the coastal waters of the State or Territory;
this Act applies in relation to the petroleum mining instrument as if the first‑mentioned area were still within the adjacent area in respect of the State or Territory.
(2) Subsection (1) continues to apply to the area only while the petroleum mining instrument remains in force.
(3) If:
(a) a petroleum mining instrument has been granted by a State or the Northern Territory on the basis that an area is within the coastal waters of the State or Territory; and
(b) there is a change to the baseline of Australia’s territorial sea or, because new data are obtained or existing data are reconsidered, the location of the baseline is reassessed; and
(c) as a result of the change to, or reassessment of the location of, the baseline, the area:
(i) ceases to be within the coastal waters of the State or Territory; and
(ii) falls within the adjacent area in respect of the State or Territory;
then, so far as the petroleum mining instrument is concerned, this Act does not apply to the first‑mentioned area.
(4) Subsection (3) continues to apply to the area only while the petroleum mining instrument granted by the State or the Northern Territory remains in force.
(5) In this section:
coastal waters , in relation to a State or the Northern Territory, means so much of the area off the coast of the State or Territory that is described in Schedule 2 as is constituted by:
(a) the first 3 nautical miles of the territorial sea from the baseline; and
(b) any waters that are within the baseline and not within the limit of the State or Territory.
petroleum mining instrument means a permit, lease, licence, infrastructure licence or pipeline licence.
(1) In this Act:
infrastructure facilities means facilities for engaging in any of the activities mentioned in subsection (2), being:
(a) facilities that are resting on the seabed; or
(b) facilities (including facilities that are floating) that are fixed or connected to the seabed; or
(c) facilities that are attached or tethered to facilities referred to in paragraph (a) or (b).
(2) The activities referred to in subsection (1) are the following:
(a) remote control of facilities used for the recovery of petroleum in a licence area;
(b) processing petroleum recovered in any place, including:
(i) converting petroleum into another form by physical or chemical means or both (for example, converting it into liquefied natural gas or methanol); and
(ii) partial processing of petroleum (for example, by the removal of water);
(c) storing petroleum before it is transported to another place;
(d) preparing petroleum (for example, by operations such as pumping or compressing) for transport to another place;
(e) activities related to any of the above;
but, except as mentioned in paragraph (a), do not include engaging in the exploration for, or recovery of, petroleum.
Expressions in Schedule 7 have the meanings defined in Part 1 of that Schedule.
For the purposes of this Act and the regulations:
(a) the space above or below an adjacent area shall be deemed to be in that area; and
(b) the space above or below an area that is part of an adjacent area shall be deemed to be in that part.
(1) The provisions of this section have effect for the purposes of this Act (including any Act with which this Act is incorporated) and of licences (whether granted before or after the commencement of this section).
(2) 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.
(3) Where a petroleum pool is partly in one licence area and partly in an adjoining licence area of the same licensee (whether in the same adjacent area or not) and petroleum is recovered from that pool through a well or wells in one 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).
(4) The proportions to be determined for the purposes of subsection (3) may be determined by agreement between the licensee and the Joint Authority or, in the absence of agreement, by the Supreme Court of a State on the application of the licensee or the Joint Authority.
(5) Where a petroleum pool is partly in a licence area and partly in an area (in this subsection referred to as
the State licence area ) in which the licensee has authority under the law of a State to explore for, or recover, petroleum, and petroleum is recovered from that pool through a well or wells in the licence area, the State licence area or both, there shall be deemed to have been recovered in the licence 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 that proportion shall be determined in accordance with subsection (6).(6) The proportion to be determined for the purposes of subsection (5) may be determined by agreement between the licensee, the Joint Authority and the State Minister administering the law of the State corresponding to this Act or, in the absence of agreement, may be determined by the Supreme Court of a State on the application of the licensee, the Joint Authority or that State Minister.
(7) 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 or under the law of a State, to explore for or recover petroleum;
(b) a unit development agreement in accordance with section 59 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 that licence area such proportion of all petroleum so recovered as is specified in, or determined in accordance with, the agreement.
(8) In this section:
(a) 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;
(b) a reference to a State shall be read as including a reference to the Northern Territory; and
(c) a reference to the Supreme Court of a State shall be read as a reference to the Supreme Court of the State, or of one of the States, in the adjacent area in respect of which the petroleum pool is wholly or partly situated.
This Act extends to the following Territories:
(a) Norfolk Island;
(b) the Territory of Christmas Island;
(c) the Territory of Cocos (Keeling) Islands;
(d) the Territory of Ashmore and Cartier Islands;
(e) the Territory of Heard Island and McDonald Islands.
This Act applies to all natural persons, whether Australian citizens or not, and whether resident in the Commonwealth or a Territory or not, and to all corporations, whether incorporated or carrying on business in the Commonwealth or a Territory or not.
The provisions of this Act relating to pipelines referred to in subsection 65(2A) have effect subject to the obligations of Australia under international law, including obligations under any agreement between Australia and any other country or countries.
(1) Subject to subsection (2), Chapter 2 of the
Criminal Code applies to all offences created by this Act.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.(2) Part 2.5 of the
Criminal Code does not apply to offences created by Schedule 7 to this Act.
(1) For the purposes of this Act, there is established in respect of the adjacent area in respect of each State a Joint Authority consisting of the Commonwealth Minister and the State Minister.
(2) The Joint Authority in respect of the adjacent area in respect of New South Wales shall be known as the Commonwealth–New South Wales Off‑shore Petroleum Joint Authority, and the Joint Authority in respect of the adjacent area in respect of each other State shall have a corresponding name.
(3) For the purposes of this Act, the Joint Authority:
(a) in respect of the adjacent area in respect of the Northern Territory; and
(b) consisting of the Commonwealth Minister and the Territory Minister; and
(c) known as the Commonwealth‑Northern Territory Off‑shore Petroleum Joint Authority; and
(d) that was established by this section before the commencement of Part 1 of Schedule 1 to the
Greater Sunrise Unitisation Agreement Implementation Act 2004 ;is continued in existence under that name as the Joint Authority in respect of the Principal Northern Territory PSL area.
(4) For the purposes of this Act, there is established in respect of the Eastern Greater Sunrise area a Joint Authority consisting of the Commonwealth Minister, and that Joint Authority is to be known as the Greater Sunrise Off‑shore Petroleum Joint Authority.
(1) The functions and powers of the Commonwealth Minister under this Part, including his functions and powers as a member of a Joint Authority, may be performed and exercised by another Minister of the Commonwealth acting for and on behalf of the Commonwealth Minister, and references in this Part to the Commonwealth Minister or to the members of a Joint Authority shall be read as including references to a Minister so acting.
(2) The functions and powers of the State Minister of a State or of the Northern Territory Minister under this Part as a member of a Joint Authority may be performed and exercised by a Minister of the State or of the Northern Territory acting for and on behalf of the State Minister or the Northern Territory Minister, and references in this Part to the State Minister, the Northern Territory Minister or the Members of a Joint Authority shall be read as including references to a Minister so acting.
A Joint Authority has such functions as are conferred on it by this Act in relation to the operation of this Act in respect of the adjacent area, or the part of an adjacent area, in respect of which the Joint Authority is established.
(1) The business of a Joint Authority consisting of 2 members may be conducted at meetings of the Joint Authority or by written or other communication between the members of the Joint Authority.
(2) If a Joint Authority consists of 2 members and they disagree with respect to the decision to be made on a matter within the functions of the Joint Authority or the State Minister or the Northern Territory Minister (as the case may be) has not stated to the Commonwealth Minister his opinion as to the decision to be made on such a matter after having been given by the Commonwealth Minister not less than 30 days notice in writing of the opinion of the Commonwealth Minister as to the decision that should be made on the matter, the Commonwealth Minister may decide the matter and that decision shall have effect as the decision of the Joint Authority.
(3) If a Joint Authority consists of 2 members, a reference in this Act to the opinion or state of mind of the Joint Authority shall be read as a reference to the opinion or state of mind of the 2 members of the Joint Authority or, in the event of their disagreement, the opinion or state of mind of the Commonwealth Minister.
(4) The Designated Authority shall cause written records to be kept of the decisions of a Joint Authority and such a record, if signed by a person who was a member of the Joint Authority at the time of the decision, is
prima facie evidence that the decision, as recorded, was duly made.(5) A document signed, on behalf of the Joint Authority, by the Designated Authority shall be deemed to be duly executed by the Joint Authority and, unless the contrary is proved, shall be deemed to be in accordance with a decision of the Joint Authority.
(6) All communications to or by the Joint Authority shall be made through the Designated Authority.
(7) All courts shall take judicial notice of the signature of a person who is or has been a member of a Joint Authority and of the fact that he is, or was at a particular time, such a member.
(8) In this section,
court includes any Federal or State court or a court of a Territory and all persons authorized by the law of the Commonwealth, of a State, or of a Territory or by consent of parties to receive evidence.
Where, under this Act, any instrument is required or permitted to be executed or issued by the Joint Authority or any action is required or permitted to be taken by the Joint Authority by way of notification, communication or service of any matter or instrument, that instrument shall be executed or issued, or that action shall be taken, by the Designated Authority on behalf of the Joint Authority in accordance with a decision of the Joint Authority and, for the purposes of any proceedings, any instrument executed or issued by the Designated Authority, or any action taken by the Designated Authority by way of notification, communication or service of any matter or instrument, purporting to be executed, issued or taken on behalf of the Joint Authority, shall, unless the contrary is proved, be deemed to be in accordance with a decision of the Joint Authority.
(1) The Designated Authority in respect of the adjacent area in respect of a Territory referred to in section 7 has, and may perform and exercise, in relation to that adjacent area, all the functions and powers conferred by this Act, or by an Act with which this Act is incorporated, upon the Joint Authority in respect of the adjacent area in respect of a State and, for the purpose of the performance of those functions and the exercise of those powers by that Designated Authority:
(a) a reference in this Act other than in this Part, or in an Act with which this Act is incorporated, to the Joint Authority in respect of an adjacent area shall be read as a reference to that Designated Authority; and
(b) a reference in this Act other than in this section, or in an Act with which this Act is incorporated, to a State in relation to which the Joint Authority in respect of an adjacent area is established shall be read as a reference to that Territory.
(2) The provisions of this Part, other than this section, have no application in relation to the adjacent area in respect of a Territory referred to in section 7.
(1A) This section only applies in respect of a Joint Authority consisting of 2 members.
(1) Subject to this section, a Joint Authority may, by instrument in writing, delegate its powers under this Act, or under an Act that incorporates this Act, to two persons together, each of whom is one of the following:
(a) an APS employee who is an SES employee or acting SES employee;
(b) an employee of a State, or of the Northern Territory.
Note 1: The expressions
APS employee ,SES employee andacting SES employee are defined in section 17AA of theActs Interpretation Act 1901 .Note 2: See also sections 34AA and 34AB of the
Acts Interpretation Act 1901 .(2) An instrument of delegation under this section:
(a) must specify one person as representing the Commonwealth Minister; and
(b) must specify the other person as representing the State Minister or Northern Territory Minister of the Joint Authority; and
(c) must be signed by both members of the Joint Authority.
(2A) Subject to subsection (1), and without limiting subsection (2), the delegation may be made to any person from time to time holding, occupying or performing the duties of a specified office or position.
(3) Where a delegation is made under this section, subsections 8D(2) and (3) do not apply.
(4) Where the delegates are unable to agree on a matter requiring decision, they must refer the matter to the Joint Authority.
(5) In the application to the delegates of a provision of this Act containing a reference to the opinion or state of mind of the Joint Authority, the reference is to be read as a reference to the opinion or state of mind of the two delegates of the Joint Authority unless they disagree.
The Greater Sunrise Off‑shore Petroleum Joint Authority may consult with the Timor Sea Treaty Designated Authority before exercising any power, or performing any function, that is conferred on it under this Act, under an Act that incorporates this Act or under the regulations.
(1) The Greater Sunrise Off‑shore Petroleum Joint Authority may, by written instrument, delegate to:
(a) an APS employee who is an SES employee or acting SES employee; or
(b) an employee of the Northern Territory;
any or all of the powers or functions of the Joint Authority under this Act, under an Act that incorporates this Act or under the regulations.
Note 1: The expressions
APS employee ,SES employee andacting SES employee are defined in section 17AA of theActs Interpretation Act 1901 .Note 2: See also sections 34AA and 34AB of the
Acts Interpretation Act 1901 .
(2) If the Greater Sunrise Off‑shore Petroleum Joint Authority delegates a power or function under this section, the delegation continues in force despite:
(a) a vacancy in the office of Joint Authority; or
(b) a change in the identity of the holder of the office of Joint Authority.
(3) Despite subsection (2), a delegation under this section may be revoked by the Greater Sunrise Off‑shore Petroleum Joint Authority in accordance with subsection 33(3) of the
Acts Interpretation Act 1901 .(4) A copy of each instrument making, varying or revoking a delegation under this section must be published in the
Gazette .
(1) Subject to this Act and the regulations, the provisions of the laws, whether written or unwritten, in force in a State 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 that State and of the Commonwealth.
(1A) Subject to section 73, if the gas pipelines access legislation of a State is not in force, whether with or without modifications, in the area referred to in subsection (1B), then, in spite of any law that is in force as a law of the Commonwealth in the adjacent area in respect of the State because of subsection (1), the
Gas Pipelines Access (Commonwealth) Act 1998 applies as a law of the Commonwealth in that adjacent area.(1B) For the purposes of subsection (1A), the area referred to in this subsection in relation to a State is the part of the area described in Schedule 2 under the heading that refers to that State that is on the landward side of the adjacent area in respect of that State.
(2) The laws referred to in subsection (1) do not include laws that are substantive criminal laws, or laws of criminal investigation, procedure and evidence, within the meaning of Schedule 1 to the
Crimes at Sea Act 2000 , but nothing in this Act derogates from the operation of that Act.
Applied laws do not include State OHS laws
(2A) Despite subsection (1), the laws or parts of laws of a State, as in force from time to time, that are prescribed in the regulations in relation to that State do not apply in relation to a facility located in the adjacent area of that State.
(2B) Laws or parts of laws prescribed under subsection (2A) must be laws or parts of laws with respect to occupational health and safety.
State OHS laws do not apply of their own force in adjacent areas
(2C) The laws or parts of laws, as in force from time to time, that are prescribed in regulations made under subsection (2A) in relation to a State do not apply by force of the law of that State in relation to a facility located in the adjacent area of that State.
Substantive criminal provisions of State OHS laws are not applied by Crimes at Sea Act 2000 in adjacent areas
(2D) Despite subclauses 2(1) and (2) of Schedule 1 to the
Crimes at Sea Act 2000 , the laws or parts of laws of a State that are referred to in those subclauses and that are prescribed in the regulations in relation to that State do not apply in relation to a facility located in the adjacent area in respect of that State either:
(a) by force of the law of the State; or
(b) by force of subclause 2(2) of that Schedule.
(2E) Laws or parts of laws prescribed under subsection (2D) must be laws or parts of laws relating to occupational health and safety.
(2F) Laws or parts of laws of a State that are prescribed for the purposes of subsection (2A) or (2D) may be laws or parts of laws that relate to occupational health and safety and to other matters.
(2G) A reference in subsections (2A) to (2F) to a law or a part of a law of a State includes a reference to an instrument or a part of an instrument made under a law of a State.
Substantive criminal provisions of State section 140H OHS laws are not applied by Crimes at Sea Act 2000 in adjacent areas.
(2H) Despite subclauses 2(1) and (2) of Schedule 1 to the
Crimes at Sea Act 2000 , the laws to which subsection (2I) applies do not apply in relation to a facility located in the adjacent area of the relevant State, either:
(a) by force of the law of that State; or
(b) by force of subclause 2(2) of that Schedule.
(2I) This subsection applies to provisions of a State PSLA, or of regulations under a State PSLA, that substantially correspond to the terms of the section 140H OHS laws.
(3) A law shall be taken to be a law in force in a State notwithstanding that that law applies to part only of the State.
(4) The provisions referred to in subsection (1) apply in relation to all acts, omissions, matters, circumstances and things touching, concerning, arising out of or connected with:
(a) the exploration of the sea‑bed or subsoil of the adjacent area for petroleum, and the exploitation of the natural resources (consisting of petroleum) of that sea‑bed or subsoil; or
(b) the conveyance of petroleum (wherever recovered) across the adjacent area.
(5) 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:
(iii) the exploration of the sea‑bed or subsoil of the adjacent area for petroleum, or the exploitation of the natural resources (consisting of petroleum) of that sea‑bed or subsoil; or
(iv) the conveyance of petroleum (wherever recovered) across the adjacent area;
(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 his carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (a).
(6) This section does not:
(a) give to the provisions of a law of a State an operation, as law of the Commonwealth, that they would not have, as law of the State, if the adjacent area were within the part of the area described in Schedule 2 under the heading that refers to that State that is on the landward side of the adjacent area;
(b) extend to the provisions of any law or instrument in so far as those provisions, as applied by this Act, would be inconsistent with a law of the Commonwealth, including this Act;
(c) apply so as to impose any tax;
(d) apply so as to confer or purport to confer any part of the judicial power of the Commonwealth on a court, tribunal, authority or officer of a State; or
(e) apply so as to purport to confer on a court of a State any power that cannot, under the Constitution, be conferred by the Parliament on such a Court.
(7) This section does not limit the operation that any law or instrument has apart from this section.
(8) 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.
(9) For the purposes of subsection (8),
modification includes the omission or addition of a provision or the substitution of a provision for another provision.(10) Notwithstanding anything in this section or in section 10, the regulations that may be made for the purposes of subsection (8) include regulations having the effect that provisions as modified by the regulations make provision for and in relation to investing a court of a State with federal jurisdiction.
(11) If this section provides that laws or parts of laws do not apply in relation to a facility located in a particular adjacent area of a State, those laws or parts of laws do not apply in relation to:
(a) a facility that is so located; or
(b) persons at or near a facility that is so located; or
(c) activities that take place on a facility that is so located.
(12) In this section:
facility has the same meaning as in Schedule 7.
section 140H OHS laws has the same meaning as in section 140H.
State PSLA has the same meaning as it has for the purposes of Part IIIC.
(1) Except as otherwise prescribed, the several courts of a State are invested with federal jurisdiction in all matters arising under the applied provisions having effect in accordance with section 9 in the adjacent area.
(2) The jurisdiction with which courts are invested by subsection (1) is invested within the limits, other than limits having effect by reference to localities of their several jurisdictions (whether those limits are as to subject‑matter or otherwise).
(1) Subject to this Act, the laws, whether written or unwritten, in force in a Territory for the time being (other than laws of the Commonwealth), and 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 that Territory.
(1A) Subject to section 73, if the gas pipelines access legislation of the Northern Territory is not in force, whether with or without modifications, in the area referred to in subsection (1B), then, in spite of any law that is in force as a law of the Commonwealth in the adjacent area in respect of the Territory because of subsection (1), the
Gas Pipelines Access (Commonwealth) Act 1998 applies as a law of the Commonwealth in that adjacent area.(1B) For the purposes of subsection (1A), the area referred to in this subsection in relation to the Northern Territory is the part of the area described in Schedule 2 under the heading that refers to that Territory that is on the landward side of the adjacent area in respect of that Territory.
(2) The laws referred to in subsection (1) do not include laws that are substantive criminal laws, or laws of criminal investigation, procedure and evidence, within the meaning of Schedule 1 to the
Crimes at Sea Act 2000 , but nothing in this Act derogates from the operation of that Act.
Applied laws do not include Northern Territory OHS laws
(2A) Despite subsection (1), the laws or parts of laws of the Northern Territory, as in force from time to time, that are prescribed in the regulations in relation to that Territory do not apply in relation to a facility located in the adjacent area of that Territory.
(2B) Laws or parts of laws prescribed under subsection (2A) must be laws or parts of laws with respect to occupational health and safety.
Northern Territory OHS laws do not apply of their own force in the adjacent area in respect of the Northern Territory
(2C) The laws or parts of laws, as in force from time to time, that are prescribed in regulations made under subsection (2A) in relation to the Northern Territory do not apply by force of the law of that Territory in relation to a facility located in the adjacent area of that Territory.
Substantive criminal provisions of Northern Territory OHS laws are not applied by Crimes at Sea Act 2000 in the adjacent area
(2D) Despite subclauses 2(1) and (2) of Schedule 1 to the
Crimes at Sea Act 2000 , the laws or parts of laws of the Northern Territory that are referred to in those subclauses and that are prescribed in the regulations in relation to that Territory do not apply in relation to a facility located in the adjacent area of that Territory either:
(a) by force of the law of that Territory; or
(b) by force of subclause 2(2) of that Schedule.
(2E) Laws or parts of laws prescribed under subsection (2D) must be laws or parts of laws relating to occupational health and safety.
(2F) Laws or parts of laws of the Northern Territory that are prescribed for the purposes of subsection (2A) or (2D) may be laws or parts of laws that relate to occupational health and safety and to other matters.
(2G) A reference in subsections (2A) to (2F) to a law or a part of a law of the Northern Territory includes a reference to an instrument or a part of an instrument made under a law of the Northern Territory.
Substantive criminal provisions of the Northern Territory section 140H OHS laws are not applied by Crimes at Sea Act 2000 in adjacent area.
(2H) Despite subclauses 2(1) and (2) of Schedule 1 to the
Crimes at Sea Act 2000 , the laws to which subsection (2I) applies do not apply in relation to a facility located in the adjacent area of the Northern Territory, either:
(a) by force of the law of that Territory; or
(b) by force of subclause 2(2) of that Schedule.
(2I) This subsection applies to provisions of the Territory PSLA, or of regulations under that PSLA, that substantially correspond to the terms of the section 140H OHS laws.
Northern Territory OHS laws do not apply in the adjacent area of Ashmore and Cartier Islands
(2J) The laws or parts of laws that are prescribed in the regulations made under subsection (2A) in relation to the Northern Territory do not apply in relation to a facility located in the adjacent area of the Territory of Ashmore and Cartier Islands either:
(a) by force of the
Ashmore and Cartier Islands Acceptance Act 1933 ; or(b) by force of subsection (1) of this section.
Note 1: Laws in force in the Northern Territory (except Commonwealth Acts) are applied in the Territory of Ashmore and Cartier Islands by the
Ashmore and Cartier Islands Acceptance Act 1933 .Note 2: The adjacent area of Ashmore and Cartier Islands includes land areas and the coastal sea area.
Substantive criminal provisions of Northern Territory OHS laws are not applied by Crimes at Sea Act 2000 in the adjacent area of Ashmore and Cartier Islands
(2K) Despite subclauses 2(1) and (2) of Schedule 1 to the
Crimes at Sea Act 2000 , the laws or parts of laws of the Northern Territory that are referred to in those subclauses and that are prescribed in the regulations under subsection (2D) in relation to that Territory do not apply in relation to a facility located in the adjacent area of the Territory of Ashmore and Cartier Islands, either:
(a) by force of the
Ashmore and Cartier Islands Acceptance Act 1933 ; or(b) by force of subclause 2(2) of that Schedule.
Note: Laws in force in the Northern Territory (except Commonwealth Acts) are applied in the Territory of Ashmore and Cartier Islands by the
Ashmore and Cartier Islands Acceptance Act 1933 .
Substantive criminal provisions of Northern Territory section 140H OHS laws are not applied by Crimes at Sea Act 2000 in the adjacent area of Ashmore and Cartier Islands
(2L) Despite subclauses 2(1) and (2) of Schedule 1 to the
Crimes at Sea Act 2000 , the laws to which subsection (2I) applies do not apply in relation to a facility located in the adjacent area of the Territory of Ashmore and Cartier Islands, either:
(a) by force of the
Ashmore and Cartier Islands Acceptance Act 1933 ; or(b) by force of subclause 2(2) of that Schedule.
(3) A law shall be taken to be a law in force in a Territory notwithstanding that that law applies to part only of that Territory.
(4) The provisions referred to in subsection (1) apply in relation to all acts, omissions, matters, circumstances and things touching, concerning, arising out of or connected with:
(a) the exploration of the sea‑bed or subsoil of the adjacent area for petroleum, or the exploitation of the natural resources (consisting of petroleum) of that sea‑bed or subsoil; or
(b) the conveyance of petroleum (wherever recovered) across the adjacent area.
(5) Without limiting the operation of subsection (4), the laws and instruments 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:
(iii) the exploration of the sea‑bed or subsoil of the adjacent area for petroleum, or the exploitation of the natural resources (consisting of petroleum) of that sea‑bed or subsoil; or
(iv) the conveyance of petroleum (wherever recovered) across the adjacent area;
(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 his carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (a).
(6) This section does not:
(a) give to the provisions of a law of the Northern Territory an operation, as law of the Commonwealth, that they would not have, as law of the Territory, if the adjacent area were within the part of the area described in Schedule 2 under the heading that refers to that Territory that is on the landward side of the adjacent area;
(b) extend to the provisions of any law or instrument in so far as those provisions, as applied by this Act, would be inconsistent with a law of the Commonwealth, including this Act;
(c) apply so as to impose any tax;
(d) apply so as to appropriate any public moneys of a Territory; or
(e) apply so as to confer or purport to confer any part of the judicial power of the Commonwealth on a court, tribunal, authority or officer of a Territory.
(7) This section does not limit the operation that any law or instrument has apart from this section.
(8) The regulations may provide that such of the laws or instruments 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.
(9) For the purposes of subsection (8),
modification includes the omission or addition of a provision or the substitution of a provision for another provision.(10) If this section provides that laws or parts of laws do not apply, in relation to a facility located in the adjacent area of the Northern Territory or of the Territory of Ashmore and Cartier Islands, those laws or parts of laws do not apply in relation to:
(a) a facility that is so located; or
(b) persons at or near a facility that is so located; or
(c) activities that take place on a facility that is so located.
(11) In this section:
facility has the same meaning as in Schedule 7.
section 140H OHS laws has the same meaning as it has in section 140H.
Territory PSLA has the same meaning as it has for the purposes of Part IIIC.
Disapplication of Maritime legislation
(1) The Maritime legislation does not apply in relation to a facility located in the adjacent area of a State or Territory, while it is a facility.
Note: Instead, a facility located in the adjacent area of a State or Territory will be covered by the occupational health and safety laws that are referred to in section 140H.
Joint operation of this Act and Maritime legislation otherwise disapplied
(2) However, subsection (1) does not prevent the application of the Maritime legislation to the extent that it relates to the transfer of persons or goods between a ship and a facility.
Note: In these cases, the Maritime legislation will generally apply in addition to the occupational health and safety laws that are referred to in section 140H.
(3) In this section:
facility has the same meaning as in Schedule 7.
Maritime legislation means:
(a) the
Navigation Act 1912 ; and(b) the
Occupational Health and Safety (Maritime Industry) Act 1993 ; and(c) any subordinate legislation under either of those Acts.
ship means any kind of vessel used in navigation by water, however propelled or moved, that is not, for the time being, a facility or part of a facility.
(1) This section applies in relation to the designated coastal waters of a State or of the Northern Territory if the relevant State or Territory PSLA and regulations under the relevant State or Territory PSLA, in their application to those designated coastal waters, substantially correspond to the terms of the section 140H OHS laws.
(2) The Maritime legislation is disapplied in those designated coastal waters to the same extent as the Maritime legislation is disapplied in the adjacent area.
(3) In this section:
designated coastal waters , in relation to a State or the Northern Territory, has the same meaning as it has for the purposes of Part IIIC.
Maritime legislation has the same meaning as it has in section 11A.
State PSLA has the same meaning as it has for the purposes of Part IIIC.
Territory PSLA has the same meaning as it has for the purposes of Part IIIC.
(1) Jurisdiction is conferred on the several courts having jurisdiction in a Territory in all matters arising under the applied provisions having effect in accordance with section 11 in the adjacent area.
(2) The jurisdiction conferred on courts by subsection (1) is conferred within the limits, other than limits having effect by reference to localities, of their several jurisdictions, whether those limits are as to subject‑matter or otherwise.
Parts III and IV have effect notwithstanding anything in this Part.
(1) For the purposes of this Act, there shall be, in respect of each adjacent area (other than the adjacent area in respect of the Northern Territory), a Designated Authority.
(2) The Designated Authority in respect of the adjacent area in respect of a State is the State Minister.
(3) The functions and powers of a State Minister as Designated Authority may be performed and exercised by another State Minister acting for and on behalf of that Minister.
(4) The Designated Authority in respect of the adjacent area in respect of a Territory referred to in section 7 is the Minister.
Principal Northern Territory PSL area
(1) For the purposes of this Act, the Designated Authority:
(a) in respect of the adjacent area in respect of the Northern Territory; and
(b) consisting of the Northern Territory Minister; and
(c) that was established by subsection 14(1) of this Act before the commencement of Part 1 of Schedule 1 to the
Greater Sunrise Unitisation Agreement Implementation Act 2004 ;is continued in existence as the Designated Authority in respect of the Principal Northern Territory PSL area.
(2) The functions and powers of the Northern Territory Minister as the Designated Authority in respect of the Principal Northern Territory PSL area may be performed and exercised by another Northern Territory Minister acting for and on behalf of that Minister.
Eastern Greater Sunrise area
(3) For the purposes of this Act, there is to be a Designated Authority in respect of the Eastern Greater Sunrise area.
(4) The Designated Authority in respect of the Eastern Greater Sunrise area is the Commonwealth Minister.
The Designated Authority in respect of the Eastern Greater Sunrise area may consult with the Timor Sea Treaty Designated Authority before exercising any power, or performing any function, that is conferred on it under this Act, under an Act that incorporates this Act or under the regulations.
(1) A Designated Authority may, by written instrument, delegate to:
(a) an APS employee who is an SES employee or acting SES employee; or
(b) an employee of a State, or of the Northern Territory;
any or all of the powers or functions of the Designated Authority under this Act, under an Act that incorporates this Act or under the regulations.
Note 1: The expressions
APS employee ,SES employee andacting SES employee are defined in section 17AA of theActs Interpretation Act 1901 .Note 2: See also sections 34AA and 34AB of the
Acts Interpretation Act 1901 .
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, or of an Act with which this Act is incorporated or the regulations, be deemed to have been exercised by the Designated Authority.
(3) 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.
(4) A delegation under this section made by a person holding an office of Designated Authority continues in force notwithstanding a vacancy in that office or change in the identity of the holder of that office, but such a delegation may be revoked by the same or a subsequent holder of that office.
(5) A delegation under this section does not prevent the exercise of a power by the Designated Authority.
(6) A copy of each instrument making, varying or revoking a delegation under this section shall be published in the
Gazette .
(1) 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.
(2) For the purposes of this Act:
(a) a graticular section that is wholly within an 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 an adjacent area, the area of that part, or of those parts, constitutes a block.
(3) 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.
Note: For datum, see section 150M.
(1) The Joint Authority 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, licence or infrastructure licence is in force or over or in which there is a pipeline) shall not be the subject of a permit, lease, licence, infrastructure 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.(2) While a declaration under subsection (1) remains in force in respect of a block, a permit, lease, licence, infrastructure 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.
(1) A person shall not explore for petroleum in an adjacent area except:
(a) under and in accordance with a permit; or
(b) as otherwise permitted by this Part.
Penalty: Imprisonment for 5 years.
(2) 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.
(1) The Joint Authority may, by instrument published in the
Gazette :
(a) invite applications for the grant by the Joint Authority 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.
(1A) A block that has been specified in an instrument under subsection 22A(1) inviting applications for the grant of a permit in respect of the block shall not be specified in an instrument under subsection (1) of this section at any time during the period specified in the first‑mentioned instrument.
(2) The Joint Authority may, for reasons that it thinks sufficient, in an instrument under subsection (1), direct that subsection 21(2) or (3) does not apply, or that both of those subsections do not apply, to or in relation to the applications.
(1) An application under section 20:
(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 his 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 to be considered; and
(f) shall be accompanied by the prescribed fee.
(2) 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.
(3) 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 one other graticular section in that area.
(4) The Designated Authority may, at any time, by instrument in writing served on the applicant, require him to furnish, within the time specified in the instrument, further information in writing in connexion with his application.
(1) This section applies if 2 or more applications have been made under section 20 for the grant of a permit in respect of the same block or blocks.
(2) The Joint Authority may grant the permit to whichever applicant, in the Authority’s opinion, is most deserving of the grant of the permit having regard to criteria made publicly available by the Authority.
(3) For the purposes of subsection (2), the Authority may rank the applicants in the order in which they are deserving of the grant, the most deserving applicant being ranked highest.
(4) The Joint Authority may exclude from the ranking any applicant that, in the Authority’s opinion, is not deserving of the grant of the permit.
(5) If the Joint Authority is of the opinion that, after considering the information accompanying the applications, 2 or more of the applicants are equally deserving of the grant of the permit, the Authority may, by written notice served on each of those applicants, invite them to give to the Authority, within a period stated in the notice, particulars of the applicant’s proposals for additional work and expenditure in respect of the block or blocks specified in the application, being particulars that the Authority considers to be relevant in determining which of the applicants is most deserving of the grant of the permit.
(6) If any particulars are given by applicants to the Joint Authority in accordance with the invitations contained in the notices served under subsection (5), the Authority must have regard to the particulars in determining whichever of the applicants is most deserving of the grant of the permit.
(1) Where an application has been made under section 20, the Joint Authority may:
(a) by instrument in writing served on the applicant, inform the applicant that it 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.
(2) 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.
(3) 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 on him, or within such further period, not exceeding one month, as the Designated Authority, on application in writing served on him before the expiration of the first‑mentioned period of one month, allows, by instrument in writing served on the Designated Authority, request the Joint Authority to grant to the applicant the permit referred to in the first‑mentioned instrument.
(4) 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 Joint Authority shall grant to him an exploration permit for petroleum in respect of the block or blocks specified in the instrument.
(5) 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.
If:
(a) an application made under section 20 for the grant of a permit was a joint application; and
(b) all of the joint applicants, by written notice served on the Joint Authority, tell the Authority that one or more, but not all, of them, as specified in the notice, withdraw from the application;
the following paragraphs have effect:
(c) the application continues in force as if it had been made by the remaining applicant or applicants;
(d) if the Joint Authority had informed the joint applicants that it was prepared to grant to the applicants a permit in respect of the block or blocks to which the application relates—the Joint Authority is taken not to have so informed the applicants.
The person who has made, or all the persons who have jointly made, an application under section 20 for the grant of a permit may, by written notice served on the Joint Authority, withdraw the application at any time before a permit is granted in respect of the application.
If:
(a) 2 or more applications have been made under section 20 for the grant of a permit in respect of the same block or blocks; and
(b) one or more, but not all, of the applications are withdrawn or have lapsed;
the following paragraphs have effect:
(c) the withdrawn or lapsed application or applications are taken not to have been made;
(d) if the Joint Authority had informed the applicant or one of the applicants whose application had been withdrawn or had lapsed that it was prepared to grant to that applicant a permit in respect of the block or blocks—the Joint Authority is taken not to have so informed the applicant concerned;
(e) if the applicant or one of the applicants whose application had been withdrawn had requested the Joint Authority under subsection 22(3) to grant a permit to the applicant concerned—the request is taken not to have been made;
(f) if the Joint Authority had refused to grant a permit to the remaining applicant or to any of the remaining applicants—the refusal or refusals are taken not to have occurred.
(1) The Joint Authority may, by instrument published in the
Gazette , invite applications by way of cash bidding for the grant by the Joint Authority of a permit in respect of the block or blocks specified in the instrument.(2) A block that has been specified in an instrument under subsection 20(1) inviting applications for the grant of a permit in respect of the block shall not be specified in an instrument under subsection (1) of this section at any time during the period specified in the first‑mentioned instrument.
S. 135..................................... | am. No. 80, 1982; No. 75, 1991; No. 5, 2000 |
S. 137..................................... | am. No. 47, 2004 |
S. 138..................................... | am. No. 80, 1980; No. 80, 1982 |
S. 138A.................................. | ad. No. 80, 1985 |
am. No. 5, 2000 | |
S. 139..................................... | am. No. 80, 1980; No. 80, 1985 |
Heading to s. 140AA.............. | am. No. 28, 2001 |
S. 140AA................................ | ad. No. 93, 1994 |
am. No. 28, 2001; No. 118, 2003 | |
Div. 6A of Part III ................... | ad. No. 166, 1984 |
S. 140A.................................. | ad. No. 166, 1984 |
am. No. 127, 1988 | |
Ss. 140B, 140C...................... | ad. No. 166, 1984 |
S. 140D.................................. | ad. No. 166, 1984 |
am. No. 140, 2001 | |
Note to s. 140D(2).................. | ad. No. 140, 2001 |
S. 140E.................................. | ad. No. 166, 1984 |
am. No. 5, 2000; No. 140, 2001 | |
Ss. 140F, 140G...................... | ad. No. 166, 1984 |
Heading to Div. 6B of Part III.. | am. No. 133, 1995 |
Div. 6B of Part III.................... | ad. No. 217, 1992 |
S. 140H.................................. | ad. No. 217, 1992 |
am. No. 133, 1995 | |
rs. No. 118, 2003 | |
S. 140I.................................... | ad. No. 133, 1995 |
S. 141..................................... | rep. No. 80, 1980 |
Ss. 142–145........................... | am. No. 36, 1973 |
rep. No. 80, 1980 | |
S. 146..................................... |
|
S. 147..................................... | am. No. 36, 1973; No. 80, 1982; No. 166, 1984 |
S. 148..................................... |
|
S. 149..................................... | am. No. 36, 1973; No. 80, 1982; No. 80, 1985 |
Part IIIA.................................. | ad. No. 5, 2000 |
S. 150..................................... | rep. No. 80, 1980 |
ad. No. 5, 2000 | |
am. No. 118, 2003 | |
S. 150A.................................. | ad. No. 5, 2000 |
Div. 2 of Part IIIA.................... | rs. No. 118, 2003 |
Ss. 150B–150D...................... | ad. No. 5, 2000 |
rs. No. 118, 2003 | |
Ss. 150E, 150F....................... | ad. No. 5, 2000 |
rs. No. 118, 2003 | |
S. 150G.................................. | ad. No. 5, 2000 |
rs. No. 118, 2003 | |
Div. 3 of Part IIIA.................... | rep. No. 118, 2003 |
Ss. 150H, 150J....................... | ad. No. 5, 2000 |
rs. No. 118, 2003 | |
S. 150K.................................. | ad. No. 5, 2000 |
Part IIIB.................................. | ad. No. 28, 2001 |
Ss. 150L–150N...................... | ad. No. 28, 2001 |
Ss. 150P–150W..................... | ad. No. 28, 2001 |
S. 150X.................................. | ad. No. 28, 2001 |
Part IIIC.................................. | ad. No. 118, 2003 |
Ss. 150XA–150XC................. | ad. No. 118, 2003 |
Ss. 150XD–150XK................. | ad. No. 118, 2003 |
Ss. 150XL–150XO.................. | ad. No. 118, 2003 |
S. 150XP................................ | ad. No. 118, 2003 |
Ss. 150XQ–150XW................ | ad. No. 118, 2003 |
Ss. 150XX–150XZ.................. | ad. No. 118, 2003 |
S. 150Y.................................. | ad. No. 118, 2003 |
Ss. 150YA–150YI................... | ad. No. 118, 2003 |
Ss. 150YJ, 150YK.................. | ad. No. 118, 2003 |
Ss. 150YL, 150YM................. | ad. No. 118, 2003 |
S. 150YN................................ | ad. No. 118, 2003 |
S. 150YO................................ | ad. No. 118, 2003 |
am. No. 8, 2005 | |
Note to s. 150YO.................... | ad. No. 8, 2005 |
S. 150YP................................ | ad. No. 118, 2003 |
Ss. 150YQ–150YU................. | ad. No. 118, 2003 |
Ss. 150YV–150YZ.................. | ad. No. 118, 2003 |
S. 150Z................................... | ad. No. 118, 2003 |
S. 151..................................... | am. No. 80, 1980 |
S. 152..................................... | rep. No. 80, 1980 |
ad. No. 80, 1985 | |
am. No. 5, 2000; No. 28, 2001; No. 118, 2003 | |
Ss. 153, 154........................... | rep. No. 80, 1980 |
S. 155..................................... | rs. No. 80, 1980 (as am. by No. 79, 1981) |
S. 156..................................... | am. No. 36, 1973; No. 80, 1982 |
rep. No. 28, 2001 | |
S. 156A.................................. | ad. No. 36, 1973 |
am. No. 22, 1984 | |
rep. No. 28, 2001 | |
S. 157..................................... |
|
Heading to The Schedules..... | rep. No. 36, 1973 |
Heading to First Schedule...... | rep. No. 36, 1973 |
Heading to Schedule 1........... | ad. No. 36, 1973 |
rep. No. 20, 1994 | |
Schedule 1............................. | rep. No. 20, 1994 |
Heading to Second Schedule. | rep. No. 36, 1973 |
Heading to Schedule 2........... | ad. No. 36, 1973 |
Second Schedule................... | am. No. 36, 1973 |
Schedule 2............................. |
|
Heading to Third Schedule..... | rep. No. 36, 1973 |
Heading to Schedule 3........... | ad. No. 36, 1973 |
Schedule 4............................. | ad. No. 80, 1980 |
rep. No. 106, 1987 | |
Schedule 5............................. | ad. No. 80, 1980 |
am. No. 166, 1984; No. 80, 1985 | |
rep. No. 106, 1987 | |
Schedule 6............................. | ad. No. 166, 1984 |
am. No. 28, 2001 | |
Schedule 7............................. | ad. No. 217, 1992 |
| |
| |
| rs. No. 118, 2003 |
|
|
| ad. No. 118, 2003 |
| |
| ad. No. 9, 2006 |
| |
| ad. No. 9, 2006 |
| rs. No. 118, 2003 |
| rep. No. 9, 2006 |
| rep. No. 9, 2006 |
| am. No. 5, 2000 |
rs. No. 118, 2003 | |
| am. No. 5, 2000; No. 118, 2003 |
| rs. No. 118, 2003 |
| am. No. 5, 2000; No. 118, 2003 |
| rs. No. 118, 2003 |
| am. No. 5, 2000; No. 118, 2003 |
| am. No. 118, 2003 |
| am. No. 5, 2000; No. 118, 2003 |
| am. No. 118, 2003 |
| |
| am. No. 118, 2003 |
| |
| |
| am. No. 118, 2003 |
| ad. No. 118, 2003 |
| am. No. 118, 2003 |
| rs. No. 118, 2003 |
| am. No. 118, 2003 |
| am. No. 118, 2003 |
| am. No. 118, 2003 |
| am. No. 118, 2003 (as am. by No. 9, 2006) |
| |
| am. No. 118, 2003 |
| am. No. 118, 2003 |
| am. No. 118, 2003 |
| |
| rs. No. 118, 2003 |
| |
| ad. No. 118, 2003 |
| ad. No. 118, 2003 |
| |
| rs. No. 118, 2003 |
| rep. No. 118, 2003 |
| rep. No. 118, 2003 |
| rep. No. 118, 2003 |
| |
| ad. No. 118, 2003 |
| rs. No. 118, 2003 |
| ad. No. 118, 2003 |
| ad. No. 118, 2003 |
| am. No. 5, 2000; No. 140, 2001; No. 118, 2003 |
| |
| No. 118, 2003 |
| ad. No. 118, 2003 |
| ad. No. 118, 2003 |
| am. No. 118, 2003 |
| am. No. 5, 2000; No. 118, 2003 |
| am. No. 118, 2003 |
| rep. No. 118, 2003 |
| am. No. 140, 2001; No. 118, 2003 |
| |
| No. 118, 2003 |
| ad. No. 118, 2003 |
| rep. No. 118, 2003 |
| |
| ad. No. 118, 2003 |
| rs. No. 118, 2003 |
| am. No. 118, 2003 |
| |
| am. No. 118, 2003 |
| rs. No. 140, 2001 |
am. No. 118, 2003 | |
| |
| No. 118, 2003 |
| ad. No. 118, 2003 |
| am. No. 5, 2000 |
rs. No. 118, 2003 | |
| rep. No. 118, 2003 |
| am. No. 140, 2001; No. 118, 2003 |
| ad. No. 140, 2001 |
| am. No. 118, 2003 |
| ad. No. 140, 2001 |
| am. No. 118, 2003 |
Schedule 8............................. | ad. No. 47, 2004 |
Subclause 29(1) of Schedule 7—Schedule 1 (items 108
and 109) of the
After “an inspector”, insert “(other than a Greater Sunrise visiting inspector)”.
After “adjacent area”, insert “, or a part of an adjacent area,”.
The proposed amendments were misdescribed and are not incorporated in this compilation.
Offshore Petroleum (Repeals and Consequential Amendments) Act 2006 (No. 17, 2006)
The following amendment commences on proclamation:
Repeal the Act.
As at 29 March 2007 the amendment is not incorporated in this compilation.
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998 (No. 102, 1998)
(1) If:
(a) apart from this item, the operation of any of items 40 to 46 would result in the acquisition of property from a person otherwise than on just terms; and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
Petroleum (Submerged Lands) Legislation Amendment Act (No. 1) 2000 (No. 5, 2000)
Despite the repeal by item 31 of subsection 31(5) of the
Petroleum (Submerged Lands) Act 1967 as in force at the time immediately before the commencement of that item, that subsection as in force at that time continues to apply in respect of the first application after the commencement of that item for the renewal of a permit that was granted under that Act before that commencement.
The amendment made by item 67 applies to pipeline licences in force immediately before the commencement of that item (including pipeline licences that had been renewed under section 69 of the
Petroleum (Submerged Lands) Act 1967 as in force before that commencement or to which subsection 69(8) of that Act as so in force applied) as well as to pipeline licences granted after that commencement.
A renewal of a pipeline licence that was in force under section 70 of the
Petroleum (Submerged Lands) Act 1967 immediately before the repeal of subsection (3) of that section continues, subject to Part III of that Act, to be subject to any conditions referred to in that subsection to which it was subject immediately before the repeal.
(1) Despite the repeal of section 118 of the
Petroleum (Submerged Lands) Act 1967 by item 141, that section continues to apply in respect of information given to the Designated Authority before the commencement of item 161.(2) Any regulations providing for the calculation of a fee for the purposes of a provision of section 118 of the
Petroleum (Submerged Lands) Act 1967 as in force immediately before the repeal of that section:
(a) continue in force for the purposes of that section as it continues to apply under subitem (1); and
(b) also separately continue in force as if they had been made for the purposes of the corresponding provision of Part IIIA inserted in that Act by item 161.
(3) Any regulations in force under paragraph (2)(a) or (b) may, for the purposes of their application under that paragraph, be amended or repealed by regulations made under section 157 of the
Petroleum (Submerged Lands) Act 1967 .
An appointment of a person as an inspector under subsection 125(1) of the
Petroleum (Submerged Lands) Act 1967 by the Joint Authority that was in force immediately before the commencement of item 151 continues in force as if it had been made by the Designated Authority under that subsection as amended by that item.
(1) The amendments made by this Schedule apply to acts and omissions that take place after this Schedule commences.
(2) Although this Schedule repeals the
Crimes at Sea Act 1979 , that Act continues to apply, in relation to acts and omissions that took place before this Schedule commences, as if the repeal had not happened.(3) For the purposes of this item, if an act or omission is alleged to have taken place between two dates, one before and one on or after the day on which this Schedule commences, the act or omission is alleged to have taken place before this Schedule commences.
Timor Gap Treaty (Transitional Arrangements) Act 2000 (No. 25, 2000)
In this Act:
transition time means 1.23 am Australian Central Standard Time on 26 October 1999.Note: This time corresponds to the time in New York when the United Nations Security Council adopted Resolution 1272 (1999), which established UNTAET and gave it responsibility for the administration of East Timor. In 2000 the text of the Resolution was available in the Library of the Department of Foreign Affairs and Trade and accessible on the Internet through the Department’s or the United Nations’ world‑wide web site.
(1) Any thing done by the Ministerial Council or the Joint Authority, during the period commencing on the transition time and ending on 5.55 pm Australian Central Standard Time on 10 February 2000, is not invalid:
(a) merely because the Republic of Indonesia ceased to be a party to the Treaty, and UNTAET became a party to the Treaty, at the transition time; or
(b) merely because of an invalidity in the membership of the Ministerial Council or the Joint Authority.
(2) In this section:
Joint Authority andMinisterial Council have the meanings given them by subsection 5(1) of thePetroleum (Timor Gap Zone of Cooperation) Act 1990 .
Treaty has the meaning given by subsection 5(1) of thePetroleum (Australia‑Indonesia Zone of Cooperation) Act 1990 (as in force immediately before the transition time).
UNTAET means the United Nations Transitional Administration in East Timor.
A person does not commit an offence if the person would not have committed the offence had the amendments made by the items in Schedules 1 and 2 (other than items 18 to 25 of Schedule 2) commenced on the day on which this Act received the Royal Assent (rather than commencing at the transition time).
Petroleum (Submerged Lands) Legislation Amendment Act 2001 (No. 28, 2001)
19
Transitional—acts of the Joint Authority to be attributed to the Designated Authority (1) This item applies to any thing done by, or in relation to, the Joint Authority under any of the following provisions of the
Petroleum (Submerged Lands) Act 1967 before the commencement of this item:
(a) subsection 22A(6);
(b) subsections 36(6) to (9) (inclusive);
(c) section 37;
(d) paragraph 38H(3)(b);
(e) subsection 38H(4);
(f) paragraph 39A(5)(b);
(g) paragraph 40(4)(b);
(h) section 78;
(i) section 81;
(j) subsection 81A(1);
(k) subsection 85(1).
(2) The thing has effect, after the commencement of this item, as if it had been done by, or in relation to, the Designated Authority.
20
Transitional—references in instruments to the Joint Authority become references to the Designated Authority (1) For the purposes of this item, an
eligible instrument is an instrument that:
(a) was in force immediately before the commencement of this item; and
(b) contains a reference to the Joint Authority; and
(c) arises out of, or is connected with, anything done by, or in relation to, the Joint Authority under any of the following provisions of the
Petroleum (Submerged Lands) Act 1967 before the commencement of this item:
(i) subsection 22A(6);
(ii) subsections 36(6) to (9) (inclusive);
(iii) section 37;
(iv) paragraph 38H(3)(b);
(v) subsection 38H(4);
(vi) paragraph 39A(5)(b);
(vii) paragraph 40(4)(b);
(viii) section 78;
(ix) section 81;
(x) subsection 81A(1);
(xi) subsection 85(1).
(2) The Minister may, by writing, declare that a specified eligible instrument has effect, after the commencement of this item, as if each reference in the instrument to the Joint Authority were a reference to the Designated Authority.
Note: An instrument may be specified by name, by inclusion in a specified class or in any other way.
(3) A declaration under subitem (2) has effect accordingly.
(4) In this item:
instrument includes a document.
The Governor‑General may make regulations providing for matters of a transitional nature arising from the amendments made by this Part.
The amendments made by this Part apply to acts or matters done or omitted to be done after the commencement of this item.
28
Transitional—section 107 of the Petroleum (Submerged Lands) Act 1967 (1) This item applies if the Designated Authority purported to give a notice under subsection 107(1A) of the
Petroleum (Submerged Lands) Act 1967 during the period:
(a) beginning at the commencement of this item; and
(b) ending immediately before the day on which this Act received the Royal Assent.
(2) The
Petroleum (Submerged Lands) Act 1967 has effect, after the commencement of this item, as if the notice had been given under subsection 107(1) of that Act as amended by this Part.
28A
Transitional—acts or omissions that happen before Royal Assent (1) For the purposes of this item, the
transitional period is the period:
(a) beginning at the commencement of this item; and
(b) ending immediately before the day on which this Act received the Royal Assent.
(2) This Part does not have the effect of making a person liable to prosecution for an offence constituted by an act or omission that happens during the transitional period.
(3) Paragraph 108(2)(b) of the
Petroleum (Submerged Lands) Act 1967 does not apply to a failure to remove property during the transitional period in accordance with a direction under section 107 of that Act.(4) Paragraphs 113(2)(b) and (3)(b) of the
Petroleum (Submerged Lands) Act 1967 do not apply in relation to the doing of any thing required to be done during the transitional period by a direction under section 107 of that Act.
The amendments made by this Part apply to decisions made after the commencement of this item.
Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001 (No. 140, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Taxation Laws Amendment Act (No. 6) 2001 (No. 169, 2001)
If, before the commencement of this item, a notice was issued by a Designated Authority stating that sufficient information had been received to determine an application made under section 39A, 40 or 40A of the
Petroleum (Submerged Lands) Act 1967 , then, for the purposes of that Act as amended by this Act:
(a) that notice is taken to have been issued under subsection 41(3) of that Act; and
(b) the date that the notice was issued is taken to be the date specified in the notice.
The amendments made by this Part apply to projects in respect of which an application was made under section 39A, 40 or 40A of the
Petroleum (Submerged Lands) Act 1967 after 23 December 1998.
Petroleum (Submerged Lands) Amendment Act 2002 (No. 93, 2002)
5
Transitional—section 38H of the Petroleum (Submerged Lands) Act 1967 If, before the commencement of this item:
(a) a lessee had already complied with a notice of the kind referred to in paragraph 38H(3)(b) of the
Petroleum (Submerged Lands) Act 1967 during the term of the lease; and(b) the Designated Authority 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;
the
Petroleum (Submerged Lands) Act 1967 has effect, after the commencement of this item, as if the Designated Authority had not given the further notice.
Petroleum (Submerged Lands) Amendment Act 2003 (No. 118, 2003)
(1) Clause 30 of Schedule 7 to the
Petroleum (Submerged Lands) Act 1967 has effect, after the commencement of this item, as if the following paragraphs were inserted after each of paragraphs (1)(c) and (2)(c) of that clause:
(d) to ascertain whether the requirements of, or any requirements properly made under:
(i) this Schedule (as in force before the commencement of this paragraph); or
(ii) the regulations (within the meaning of this Schedule as in force before the commencement of this paragraph);
were being complied with before the commencement of this paragraph; or
(e) concerning a contravention, or possible contravention, before the commencement of this paragraph, of:
(i) this Schedule (as in force before the commencement of this paragraph); or
(ii) the regulations (within the meaning of this Schedule as in force before the commencement of this paragraph); or
(f) concerning an accident or dangerous occurrence that has happened, before the commencement of this paragraph, in the performing of work (within the meaning of this Schedule as in force before the commencement of this paragraph).
(2) If an OHS inspector conducts an inspection under paragraph 30(1)(d), (e) or (f) or (2)(d), (e) or (f) of Schedule 7 to the
Petroleum (Submerged Lands) Act 1967 in relation to a matter that was the subject of an investigation that was being conducted by an investigator under clause 30 of that Schedule immediately before the commencement of this item:
(a) the OHS inspector may have regard to anything that happened in the course of the investigation conducted by the investigator; and
(b) the investigator and the Designated Authority must take all reasonable steps to ensure that the OHS inspector is given, or is provided with access to, all information, documents and other material that:
(i) was obtained in the course of the investigation conducted by the investigator; and
(ii) is relevant to the inspection conducted by the OHS inspector.
(1) Clause 49 of Schedule 7 to the
Petroleum (Submerged Lands) Act 1967 has effect, after the commencement of this item, as if:
(a) each reference in that clause to Schedule 7 to that Act included a reference to that Schedule as in force before the commencement of this item; and
(b) each reference in that clause to regulations set out in or prescribed for the purposes of subsection 140H(2) of that Act included a reference to the regulations (within the meaning of Schedule 7 to that Act as in force before the commencement of this item).
(2) If:
(a) any proceedings mentioned in subclause 49(1) of Schedule 7 to the
Petroleum (Submerged Lands) Act 1967 , as in force before the commencement of this item, had been instituted by the Designated Authority or by an investigator; and(b) those proceedings were pending in any court immediately before the commencement of this item;
the Safety Authority is, by force of this item, substituted for the Designated Authority or the investigator as a party to the proceedings.
200
State/Northern Territory occupational health and safety laws ceasing to apply in the adjacent area If, as a result of the amendments of section 9 or 11 of the
Petroleum (Submerged Lands) Act 1967 made by this Schedule, a law, or a part of a law, of a State or the Northern Territory ceases to apply to a facility located in the adjacent area of that State or Territory, section 8 of theActs Interpretation Act 1901 has effect as if:
(a) the law or part of the law, to the extent that it previously applied, were an Act or a part of an Act; and
(b) the cessation were the repeal of that Act or that part of that Act, as the case may be.
The Governor‑General may make regulations in relation to transitional matters arising out of the amendments of the
Petroleum (Submerged Lands) Act 1967 made by this Schedule.
The amendments of section 129 of the
Petroleum (Submerged Lands) Act 1967 made by this Schedule apply to amounts that become payable under that Act after the commencement of this item.
The Governor‑General may make regulations in relation to transitional matters arising out of the amendments of the
Petroleum (Submerged Lands) Act 1967 made by this Schedule.
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
(1) If:
(a) a decision or action is taken or another thing is made, given or done; and
(b) the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;
then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.
(2) In this section:
Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.
496
Saving provision—Finance Minister’s determinations If a determination under subsection 20(1) of the
Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.
Offshore Petroleum (Repeals and Consequential Amendments) Act 2006 (No. 17, 2006)
The following provision commences on proclamation:
1
Offence against section 96 of the repealed Petroleum (Submerged Lands) Act 1967 Section 96 of the repealed
Petroleum (Submerged Lands) Act 1967 is taken always to have had effect as if the penalty to that section had never been enacted.
0
0
0