Petroleum (Submerged Lands) Amendment Act 1980 (Cth)
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“AND WHEREAS, by the
“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:”.
(a) by omitting from sub-section (1) the definition of “adjacent area” and substituting the following definition:
“‘adjacent area’ means an adjacent area in respect of a State or Territory ascertained in accordance with section 5a and ‘the adjacent area’ means the adjacent area in respect of the State or Territory concerned;”;
(b) by omitting from sub-section (1) the definition of “the continental shelf and substituting the following definition:
“‘the continental shelf means the continental shelf, within the meaning of the Convention, adjacent to the coast of Australia (including the coast of any island forming part of a State or Territory) or of a Territory;”;
(c) by inserting after the definition of “the Convention” in sub-section (1) the following definition:
“‘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;”;
(d) by adding at the end of paragraph (a) of the definition of “the Designated Authority” in sub-section (1) the following paragraph:
“(iii) the construction or operation of pipelines in an adjacent area; or”;
(e) by inserting after the definition of “the Designated Authority” in sub-section (1) the following definition:
“‘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
(b) petroleum recovered in an adjacent area,
means the Joint Authority established by this Act in respect of that adjacent area;”; and
(f) by inserting after the definition of “the Royalty Act” in sub-section (1) the following definitions:
“‘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;”.
“5a. (1) For the purposes of this Act, but subject to sub-section (2), the adjacent area in respect of a State 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.
“(2) If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, sub-section (1) continues 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, 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 within the outer limits of the continental shelf.
“(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 a 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 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. (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 sub-section (4).
“(4) The proportions to be determined for the purposes of sub-section (3) may be determined by agreement between the licensee and the Designated Authority or, if licence areas in two adjacent areas are involved, the two Designated Authorities, or, in the absence of agreement, may be determined by the Supreme Court of a State on the application of the licensee or the Designated Authority, or one of the Designated Authorities, concerned.
“(5) Where a petroleum pool is partly in a licence area and partly in an area (in this sub-section 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 sub-section (6).
“(6) The proportion to be determined for the purposes of sub-section (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 Designated 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 or of the Northern Territory, 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 the 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, a permittee or a permit 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.”.
“7. This Act extends to the Territory of Ashmore and Cartier Islands, Norfolk Island and the Territory of Heard and McDonald Islands.”.
“8a. (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 Offshore 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, there is established in respect of the adjacent area in respect of the Northern Territory a Joint Authority consisting of the Commonwealth Minister and the Territory Minister, and that Joint Authority shall be known as the Commonwealth-Northern Territory Off-shore Petroleum Joint Authority.
“8b. (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.
“8c. 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 in respect of which the Joint Authority is established.
“8d. (1) The business of a Joint Authority may be conducted at meetings of the Joint Authority or by written or other communication between the members of the Joint Authority.
“(2) If the members of a Joint Authority 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) 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 two 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
“(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.
“(9) Notwithstanding sub-section (2), the provisions of the agreement between the Government of the Commonwealth and the Government of Western Australia a copy of which is set out in Schedule 4 have the force of law under and for the purposes of this Act.
“8e. (1) This section applies to such functions of the Designated Authority as are specified in Schedule 5.
“(2) If the Designated Authority proposes to take any action in the performance of a function to which this section applies otherwise than in accordance with a request of the Commonwealth Minister, he shall, by notice in writing served on the Commonwealth Minister, inform him of the proposed action and of all particulars of that action and shall not take the proposed action before the expiration of 30 days from the day on which the notice is so served unless the Commonwealth Minister has informed the Designated Authority that the Commonwealth Minister does not object to the proposed action.
“(3) Where notice of proposed action is served on the Commonwealth Minister in accordance with sub-section (2), he may, within 30 days from the date on which the notice is so served, inform the Designated Authority that he wishes the proposed action to be considered by the Joint Authority and in that event the proposed action shall be considered by the Joint Authority and the Designated Authority shall not take the action before the Joint Authority has completed that consideration.
“(4) Where, in accordance with sub-section (3), the Joint Authority has considered proposed action of the Designated Authority, the Joint Authority may, subject to sub-section (5), give any direction that it thinks fit to the Designated Authority with respect to the proposed action, including a direction not to take the action or a direction to vary the action.
“(5) For the purpose of considering the giving of a direction under this section, the Joint Authority shall proceed as if—
(a) the relevant function of the Designated Authority were a function of the Joint Authority and the Joint Authority were considering an exercise by itself of that function; and
(b) references in the relevant provisions of this Act to the opinion or state of mind of the Designated Authority were references to the opinion or state of mind of the Joint Authority.
“(6) A reference in this section to the taking of action or to action shall be read as including a reference to refusal to take action.
“8f. 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 on 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.
“8g. In relation to the adjacent area in respect of a Territory referred to in section 7—
(a) the functions and powers of the Joint Authority shall be performed and exercised by the Designated Authority, and the provisions of this Act relating to those functions and powers apply,
mutatis mutandis, accordingly; and(b) section 8e has no application.”.
“9. (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.
“(2) The laws referred to in
sub-section (1) do not include laws that are criminal laws within the meaning
of the
“(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 sub-section (1) apply to and in relation to all acts, omissions, matters, circumstances and things touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum and the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil.
“(5) Without limiting the operation of sub-section (4), the provisions referred to in sub-section (1) apply—
(a) to and in relation to—
(i) an act or omission that takes place in, on, above, below or in the vicinity of; and
(ii) a matter, circumstance or thing that exists or arises with respect to or in connection with,
a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for any reason touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum or the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil;
(b) to and in relation to a person who—
(i) is in the adjacent area for a reason of the kind referred to in paragraph (a); or
(ii) is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of the kind referred to in paragraph (a); and
(c) to and in relation to a person in respect of 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 sub-section (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 sub-section (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 sub-section (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.
“10. (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 sub-section (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).
“11. (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.
“(2) The laws referred to in
sub-section (1) do not include laws that are criminal laws within the meaning
of the
“(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 laws and instruments referred to in sub-section (1) apply to and in relation to all acts, omissions, matters, circumstances and things touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum and the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil.
“(5) Without limiting the operation of sub-section (4), the laws and instruments referred to in sub-section (1) apply—
(a) to and in relation to—
(i) an act or omission that takes place in, on, above, below or in the vicinity of; and
(ii) a matter, circumstance or thing that exists or arises with respect to or in connection with,
a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for any reason touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum or the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil;
(b) to and in relation to a person who—
(i) is in the adjacent area for a reason of the kind referred to in paragraph (a); or
(ii) is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of the kind referred to in paragraph (a); and
(c) to and in relation to a person in respect of 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 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 sub-section (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 sub-section (8), ‘modification’ includes the omission or addition of a provision or the substitution of a provision for another provision.
“12. (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 sub-section (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.
“13. Parts III and IV have effect notwithstanding anything in this Part.”.
“14. (1) For the purposes of this Act, there shall be, in respect of each adjacent area, 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.
“(5) The Designated Authority in respect of the adjacent area in respect of the Northern Territory is the Northern Territory Minister.
“(6) The functions and powers of the Northern Territory Minister as Designated Authority may be performed and exercised by another Northern Territory Minister acting for and on behalf of that Minister.
“15. (1) A Designated Authority may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Act (including the Acts with which this Act is incorporated) or the regulations, other than this power of delegation.
“(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
“19. 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: $50,000 or imprisonment for 5 years, or both.”.
(a) by omitting from paragraph (a) “the day from which the permit has effect” and substituting “the day on which the permit is granted”; and
(b) by omitting from paragraph (b) “the day after the day on which the last previous permit in respect of blocks specified in the permit so granted ceases to have effect” and substituting “the day on which the permit is granted”.
(2) A permit granted before the commencement of this section is not invalidated by reason of any error that may have occurred in specifying the date of commencement of the permit and the term of such a permit shall be deemed to have commenced on the date of commencement specified in it.
(a) by omitting from sub-section (1) “The number” and substituting “Subject to sub-section (2a), the number”;
(b) by inserting after sub-section (2) the following sub-section:
“(2a) An application for the renewal of a permit may include, in addition to the blocks referred to in sub-section (1), a block that is, or is included in, a location and in respect to which the permit is in force, or two or more such blocks.”; and
(c) by omitting from sub-section (5) “, in relation to a proposed application for the renewal of a permit, the number calculated in accordance with sub-section (1)” and substituting “the maximum number of blocks in respect of which an application for renewal of a permit may be made in accordance with the preceding provisions”.
“(2) The conditions referred to in sub-section (1) may include conditions with respect to work to be carried out by the permittee in or in relation to the permit area during the term of the permit, or amounts to be expended by the permittee in the carrying out of such work, or conditions with respect to both of those matters, including conditions requiring the permittee to comply with directions given in accordance with the permit concerning those matters.
“(3) A permit (whether granted before or after the commencement of this sub-section) shall be deemed to contain a condition that the permittee will comply with the provisions of the Royalty Act as in force from time to time.”.
“39. A person shall not carry on operations for the recovery of petroleum in an adjacent area except—
(a) under and in accordance with a licence; or
(b) as otherwise permitted by this Part.
Penalty: $50,000 or imprisonment for 5 years, or both.”.
“(a) to recover petroleum in the licence area and to recover petroleum from the licence area in another area to which he has lawful access for that purpose;”.
“53. Subject to this Part, a licence remains in force—
(a) in the case of a licence granted otherwise than by way of renewal of a licence—for a period of 21 years commencing on the day on which the licence is granted;
(b) in the case of a licence granted by way of the first renewal of a licence —for the period of 21 years commencing on the day on which the licence is granted; and
(c) in the case of a licence granted by way of the renewal, other than the first renewal, of a licence—for such period, not exceeding 21 years, as the Joint Authority determines and is specified in the licence, commencing on the day on which the licence is granted.”.
“(2) A licence (whether granted before or after the commencement of this sub-section) shall be deemed to contain a provision that the licensee will comply with the provisions of the Royalty Act, as in force from time to time.”.
(a) by inserting in sub-sections (1) and (2) “or from” after “petroleum in” (wherever occurring); and
(b) by inserting in sub-section (2) “or in relation to” after “carry out in”;
(c) by inserting in sub-section (3) “or in relation to” after “carry out in” and after “carried out by the licensee in”; and
(d) by omitting sub-section (5) and substituting the following sub-section:
“(5) For the purposes of this section—
(a) the quantity of any petroleum recovered by a licensee from a well during a year shall be ascertained in accordance with section 10 of the Royalty Act; and
(b) the value of any petroleum is the value at the well-head of that petroleum ascertained in accordance with the Royalty Act.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“59. (1) In this section, the expression “unit development”—
(a) applies in relation to a petroleum pool that is partly in a particular licence area of a licensee and partly in a licence area of another licensee or in an area that is not within an adjacent area but in which a person other than the first-mentioned licensee is lawfully entitled to carry on operations for the recovery of petroleum from the pool; and
(b) means the carrying on of operations for the recovery of petroleum from that pool under co-operative arrangements between the persons entitled to carry on such operations in each of those areas.”;
(b) by adding at the end of sub-section (2) “but such an agreement does not have any force or effect unless it has been approved by the Designated Authority”; and
(c) by adding at the end thereof the following sub-sections:
“(11) If a petroleum pool extends, or is reasonably believed by the Designated Authority to extend, from the adjacent area in respect of a State or Territory into—
(a) lands to which the laws of that State or Territory or of another State or Territory relating to the exploitation of petroleum resources apply; or
(b) the adjacent area of an adjoining State or Territory,
each Designated Authority concerned shall consult concerning the exploitation of the petroleum pool with any other Designated Authority concerned and with the appropriate authority of a State or Territory referred to in paragraph (a).
“(12) Where sub-section (11) applies in relation to a petroleum pool, a Designated Authority shall not approve an agreement under this section, or give a direction under this section, in relation to that petroleum pool except with the approval of any other Designated Authority concerned and any State or Territory authority concerned.”.
“60. (1) A person shall not, in the adjacent area—
(a) commence or continue the construction of, or the alteration or reconstruction of, a pipeline; or
(b) operate a pipeline,
except under and in accordance with a pipeline licence.
“(2) A person shall not, in the adjacent area—
(a) commence or continue the construction of, or the alteration or reconstruction of, a secondary line or water line; or
(b) operate a secondary line or water line,
except with and in accordance with a consent in writing of the Designated Authority.
“(3) A person shall not, in the adjacent area—
(a) commence or continue the construction of, or the alteration or reconstruction of, a pumping station, tank station or valve station; or
(b) operate a pumping station, tank station or valve station,
except under and in accordance with a pipeline licence or with and in accordance with a consent in writing of the Designated Authority.
“(4) A person shall not, in the adjacent area, commence to operate a pipeline, a secondary line or a water line unless—
(a) in the case of a pipeline, it has been constructed and tested in accordance with a pipeline licence;
(b) in the case of a secondary line or water line, it has been constructed and tested in accordance with a consent in writing of the Designated Authority; and
(c) the Designated Authority has certified in writing that the Designated Authority is satisfied that the pipeline, secondary line or water line, as the case may be, has been so constructed and tested and is fit to be operated.
“(5) A person shall not, in the adjacent area, recommence to operate a pipeline, a secondary line or a water line the previous operation of which was discontinued except with and in accordance with a consent in writing of the Designated Authority.
“(6) The Designated Authority may, for reasons that he thinks sufficient, refuse to give his consent or certificate for the purposes of this section or attach conditions to such a consent.
Penalty: $50,000 or imprisonment for 5 years, or both.”.
“(2) The period for which a pipeline licence remains in force commences on the day on which the pipeline licence is granted.”.
“(3) This section extends to a pipeline licence granted by way of the renewal of a pipeline licence and, in the case of a pipeline licence so granted, the conditions may include conditions varying or adding to the conditions of the previous licence and conditions requiring reconstruction or modification of the pipeline or of associated works.”.
(a) by omitting from sub-section (6) “application” (first and third occurring) and substituting “transfer”; and
(b) by omitting from sub-sections (7), (8) and (9) “application” (wherever occurring) and substituting “transfer”.
(a) by omitting from sub-section (6) “the application” and substituting “to approve the instrument”; and
(b) by omitting from sub-section (7) “application” and substituting “instrument”.
“97a. Without limiting the generality of any provision of this Act relating to conditions, the conditions subject to which a permit, licence, pipeline licence, special prospecting authority or access authority is granted may include a condition requiring the holder to effect and maintain, to the satisfaction of the Designated Authority, insurance against expenses or liabilities or specified things arising in connection with, or as a result of, the carrying out of work, or the doing of any other thing, in pursuance of the permit, licence or authority, including expenses of complying with directions with respect to the clean-up or other remedying of the effects of the escape of petroleum.”.
“101. (1) The Designated Authority may, by instrument in writing served on a person referred to in sub-section (2), give to that person a direction as to any matter with respect to which regulations may be made under section 157.
“(2) Directions under sub-section (1) may be given to the following persons:
(a) a permittee, licensee, pipeline licensee, or the holder of a special prospecting authority or access authority;
(b) a servant, agent or person acting on behalf of a person referred to in paragraph (a);
(c) a person performing work or services under a contract with a person referred to in paragraph (a);
(d) a servant or agent of a person referred to in paragraph (c).
“(3) The Designated Authority shall not give a direction under sub-section (1) of a standing or permanent nature except with the approval of the Joint Authority, but the validity of a direction of the Designated Authority shall not be called in question by reason of this sub-section.
“(4) A direction under this section has effect and shall be complied with notwithstanding any previous direction under this section.
“(5) A direction under this section has effect and shall be complied with notwithstanding anything in the regulations or the applied provisions.
“(6) A direction under this section may be expressed to apply to every person included in a specified class of persons referred to in sub-section (2) and the instrument by which a direction so expressed is given shall be deemed to be served on a person included in that class if a copy of the instrument was, at the time of the alleged failure of that person to comply with the direction, exhibited in a prominent position at a place in an adjacent area frequented by that person.
“(7) A person to whom a direction in force under sub-section (1) is applicable shall comply with the direction.
Penalty: $10,000.”.
“(2) Sub-section (1) does not authorize the making of an instrument to the extent that it would affect—
(a) a condition of a permit or licence included in the permit or licence in compliance with the Royalty Act; or
(b) the term of a permit, licence or pipeline licence.
“(3) Where, in pursuance of sub-section (1), the Designated Authority suspends, or exempts the permittee from compliance with, any of the conditions to which a permit is subject, the Joint Authority may, if it considers the circumstances make it reasonable to do so, in the instrument of suspension or exemption or by a later instrument in writing served on the permittee, extend the term of the permit by a period not exceeding the period of the suspension or exemption.”.
“103a. (1) Where the Joint Authority is satisfied that it is necessary to do so in the national interest, it shall, by instrument in writing served on the permittee, suspend, either for a specified period or indefinitely, all or any of the rights conferred by the permit.
“(2) Where any rights are suspended in accordance with sub-section (1), any conditions required to be complied with in the exercise of those rights are also suspended.
“(3) The Joint Authority may, by instrument in writing served on the permittee, terminate a suspension of rights under sub-section (1).
“(4) Where rights conferred by a permit are suspended in accordance with sub-section (1), the Joint Authority may, by the instrument of suspension or by a later instrument in writing served on the permittee, extend the term of the permit by a period not exceeding the period of the suspension.
“(5) If an instrument under this section results in the acquisition of property from a person, being an acquisition of property within the meaning of paragraph 51(xxxi) of the Constitution, the Commonwealth is liable to pay to that person such compensation as is determined by agreement between the Commonwealth and that person or, in the absence of agreement, by action brought by that person against the Commonwealth in the High Court or the Supreme Court of the State or Territory in relation to which the Joint Authority concerned is established.”.
(a) by omitting sub-section (1) and substituting the following sub-section: “(1) A permittee or licensee may make an application to the Designated Authority for the grant of an access authority to enable him to carry on, in an area, being part of the adjacent area that is not part of the permit area or licence area, petroleum exploration operations or operations related to the recovery of petroleum in or from the permit area or licence area.”;
(b) by omitting “petroleum exploration” from paragraph (c) of sub-section (2);
(c) by omitting “petroleum exploration” from sub-section (5);
(d) by adding at the end of sub-section (7) “but may be extended by the Designated Authority for a further specified period”;
(e) by omitting from paragraph (b) of sub-section (8) “petroleum exploration”;
(f) by omitting from sub-section (11) “petroleum exploration”; and
(g) by inserting in paragraph (b) of sub-section (12) “a direction or” before “an arrangement” (twice occurring).
(a) by inserting after sub-section (1) the following sub-section:
“(1a) The Designated Authority shall, as and when required by the Commonwealth Minister, make available to the Commonwealth Minister any information or thing referred to in sub-section (1) and copies of any correspondence with, or document received or issued by, the Designated Authority in connection with this Act.”; and
(b) by adding at the end thereof the following sub-section:
“(8) For the purposes of this section—
(a) cores and cuttings, and well data, logs, sample descriptions and other documents, relating to the drilling of a well, shall be deemed to have been furnished to the Designated Authority not later than one month after the drilling of the well was, in the opinion of the Designated Authority, substantially completed; and
(b) geophysical or geochemical data relating to geophysical or geochemical surveys shall be deemed to have been furnished to the Designated Authority not later than one year after the geophysical or geochemical field work was, in the opinion of the Designated Authority, substantially completed.”.
(a) by inserting after sub-section (1) the following sub-section:
“(1a) The Commonwealth shall, in accordance with arrangements approved by the Minister, pay to each State amounts equal to all moneys, other than royalties, payable to the Designated Authority, on behalf of the Commonwealth, under Part III in relation to the adjacent area in respect of the State.”;
(b) by omitting from sub-section (2) “the last preceding sub-section” and substituting “sub-section (1) of this section”; and
(c) by inserting after sub-section (2) the following sub-section:
“(2a) In this section, a reference to a State shall be read as including a reference to the Northern Territory.”.
“(8) In this section, ‘the Supreme Court’ means the Supreme Court of, or having jurisdiction in, the State or Territory in respect of which the adjacent area in, or in relation to, which the offence is alleged to have been committed is the adjacent area.”.
(a) by inserting in sub-section (1) “or permitted” after “required”; and
(b) by omitting sub-section (2) and substituting the following sub-sections:
“(2) A document required or permitted by this Act to be served on the Designated Authority shall be served—
(a) by prepaying and posting the document as a letter addressed to the Designated Authority at a place of business of the Designated Authority; or
(b) by leaving it at a place of business of the Designated Authority with some person apparently employed in connection with the business of the Designated Authority and apparently not less than 16 years of age.
“(2a) A document required or permitted by this Act to be served on the Joint Authority shall be deemed to be duly served if it is served on the Designated Authority.”.
“(4) In the provisions of a licence that have effect by reason of this section—
(a) except as otherwise provided in this sub-section, a reference to the Minister shall be read as a reference to the Designated Authority;
(b) the first reference to the Minister in sub-clause (1) of clause 2 of the licence shall be read as a reference to the Joint Authority in respect of the adjacent area in respect of Victoria;
(c) that sub-clause shall have effect as if there were substituted for the words ‘as the Minister in his discretion determines’ the words ‘as are determined in accordance with the law for the time being in force’; and
(d) the reference to the Minister in sub-clause (1) of clause 27 shall be read as a reference to the Joint Authority in respect of the adjacent area in respect of Victoria.”.
“(2) The jurisdiction vested in or conferred on courts by sub-section (1) is invested or 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.”.
“155. Where a person or court has done an act in the purported exercise of the power or function under the law of a State or Territory and that act could have been done by that person or court in the exercise of a power or function under the applied provisions, that act shall be deemed to have been done by that person or court in the exercise of the power or function under those provisions.”.
“(f) the control of the flow or discharge, and the prevention of the escape, of petroleum, water or drilling fluid, or a mixture of water or drilling fluid with petroleum or any other matter;
“(g) the clean-up or other remedying of the effects of the escape of petroleum;”.
(a) by omitting the heading “AREAS ADJACENT TO STATES AND TERRITORIES” and the paragraph immediately under that heading;
(b) by omitting the heading “AREA ADJACENT TO THE STATE OF VICTORIA” and substituting the heading “AREA THAT INCLUDES THE ADJACENT AREA IN RESPECT OF VICTORIA”;
(c) by omitting the heading “AREA ADJACENT TO THE STATE OF QUEENSLAND” and substituting the heading “AREA THAT INCLUDES THE ADJACENT AREA IN RESPECT OF QUEENSLAND”;
(d) by omitting the heading “AREA ADJACENT TO THE STATE OF SOUTH AUSTRALIA” and substituting the heading “AREA THAT INCLUDES THE ADJACENT AREA IN RESPECT OF SOUTH AUSTRALIA”;
(e) by omitting the heading “AREA ADJACENT TO THE STATE OF WESTERN AUSTRALIA” and substituting the heading “AREA THAT INCLUDES THE ADJACENT AREA IN RESPECT OF WESTERN AUSTRALIA”;
(f) by omitting the heading “AREA ADJACENT TO THE STATE OF TASMANIA” and substituting the heading “AREA THAT INCLUDES THE ADJACENT AREA IN RESPECT OF TASMANIA”;
(g) by omitting the heading “AREA ADJACENT TO THE NORTHERN TERRITORY OF AUSTRALIA” and substituting the heading “AREA THAT INCLUDES THE ADJACENT AREA IN RESPECT OF THE NORTHERN TERRITORY”; and
(h) by omitting the heading “AREA ADJACENT TO THE TERRITORY OF ASHMORE AND CARTIER ISLANDS” and substituting the heading “AREA THAT INCLUDES THE ADJACENT AREA IN RESPECT OF THE TERRITORY OF ASHMORE AND CARTIER ISLANDS”.
“AREA THAT INCLUDES THE ADJACENT AREA IN RESPECT OF NEW SOUTH WALES
The area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the geodesic between the trigonometrical station known as Point Danger near Point Danger and a point of Latitude 27° 58’ South, Longitude 154° East and runs thence north-easterly along that geodesic to the last-mentioned point, thence north-easterly along the geodesic to a point of Latitude 27° 48’ South, Longitude 154° 22’ East, thence easterly along the geodesic to a point of Latitude 26° 59’ 05” South, Longitude 165° 40’ East, thence southerly along the meridian of Longitude 165° 40’ East to its intersection by the parallel of Latitude 34° 03’ 30” South, thence south-westerly along the geodesic to a point of Latitude 34° 16’ South, Longitude 165° 16’ East, thence south-westerly along the geodesic to a point of Latitude 37° 21’ 30” South, Longitude 164° 23’ East, thence southwesterly along the geodesic to a point of Latitude 37° 32’ South, Longitude 164° 11’ East, thence south-westerly along the geodesic to a point of Latitude 37° 59’ South, Longitude 163° 47’ East, thence south-westerly along the geodesic to a point of Latitude 38° 58’ South, Longitude 161° 15’ 30” East, thence south-westerly along the geodesic to a point of Latitude 39° 12’ South, Longitude 160° East, thence south-westerly along the geodesic to a point of Latitude 40° 40’ South, Longitude 158° 53’ East, thence north-westerly along the geodesic to a point of Latitude 37° 35’ South, Longitude 150° 10’ East, thence north-westerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the States of New South Wales and Victoria, thence generally northerly along the coastline of Australia at mean low water to the point of commencement.”.
(6) Subject to the foregoing provisions of this clause, an application under the Commonwealth Act made in accordance with this clause shall be dealt with under the Commonwealth Act and an application under the State Act made in accordance with this clause shall be dealt with under the State Act.
(7) For the purposes of the application, in accordance with this clause, of the provisions of the Commonwealth Act or of a State Act relating to the renewal of permits, a reference in those provisions to compliance with the conditions to which the permit is subject shall be read as including a reference to compliance with the conditions to which the subsisting permit was subject before the commencing day.
4. (1) On and after the commencing day but subject to the law relating to surrender, cancellation or variation of pipeline licences, each subsisting pipeline licence shall be deemed to comprise 2 pipeline licences, being—
(a) a pipeline licence under the Commonwealth Act, in respect of the portion of the pipeline that is, or is to be, within the Commonwealth jurisdiction, for the balance of the period of the subsisting pipeline licence but otherwise in the same terms as the subsisting pipeline licence, but so that those terms shall have effect only to the extent that they are applicable to or in relation to the portion of the pipeline that is, or is to be, within the Commonwealth jurisdiction; and
(b) a pipeline licence under the State Act, in respect of the portion of the pipeline that is, or is to be, within the State jurisdiction of a State, for the balance of the period of the subsisting pipeline licence but otherwise in the same terms as the subsisting pipeline licence, but so that those terms shall have effect only to the extent that they are applicable to or in relation to the portion of the pipeline that is, or is to be, within that State jurisdiction.
(2) For the purposes of the application, in relation to a new pipeline licence, of the provisions of the Commonwealth Act or of a State Act relating to the renewal of pipeline licences, a reference in those provisions to compliance with the conditions to which the pipeline licence is subject shall be read as including a reference to compliance with the conditions to which the subsisting permit was subject before the commencing day.
5. A transfer of a new permit arising out of a subsisting permit or of a new pipeline licence arising out of a subsisting pipeline licence shall not be made unless a transfer to the same transferee of the other new permit or new pipeline licence arising out of that subsisting permit or subsisting pipeline licence (if that other permit or licence is still in force) is made at the same time and neither of such transfers has effect before the other transfer has been approved in accordance with the Commonwealth Act, or the relevant State Act, as the case requires.
6. All legal and equitable interests and rights that existed immediately before the commencing day in or in relation to a subsisting permit or subsisting pipeline licence, to the extent that those interests or rights were applicable in relation to the permit area of a new permit arising out of that subsisting permit, or to the portion of the pipeline to which a new pipeline licence arising out of that subsisting pipeline licence relates, shall be deemed to continue in or in relation to that new permit or new pipeline licence.
7. Every approval, consent or direction given before the commencing day under or in relation to a subsisting permit or subsisting pipeline licence has effect, on and after the commencing day, in relation to each new permit or new pipeline licence arising out of that subsisting permit or subsisting pipeline licence, as if it were a corresponding approval, consent or direction given under or in relation to that new permit or new pipeline licence.
8. The Register kept and maintained by the Designated Authority for the purposes of the Commonwealth Act immediately before the commencing day shall continue to be the Register for the purposes of the Commonwealth Act and, except as provided in clause 9, shall cease on that day to be the Register for the purposes of a State Act.
9. (1) This clause applies to—
(a) every instrument being a subsisting permit or subsisting pipeline licence; and
(b) any instrument by which such a permit or licence has been transferred or by which a legal or equitable interest in or affecting such a permit or licence has or may have been created, assigned, affected or dealt with, being an instrument in respect of which an entry or notation has been made before the commencing day in the Register kept for purposes of the Commonwealth Act.
(2) On the commencing day, the Designated Authority under the Commonwealth Act shall forthwith make such entries in the Register referred to in sub-clause (1) and on copies of instruments to which this clause applies that are kept by him as he thinks appropriate to indicate that instruments to which this clause applies have effect subject to the provisions of this Scheme.
(3) For the purposes of a State Act but subject to sub-clause (4), the Commonwealth Register shall be deemed to be the State Register in relation to instruments to which this clause applies to the extent that they have effect under a State Act in accordance with this Scheme, transfers of interests under such instruments, and instruments by which legal or equitable interests in or affecting interests under such instruments are or may be created.
(4) The Designated Authority under a State Act may, if he thinks fit to do so, make entries to the Register kept by him under the State Act, in accordance with the State Act, in respect of a subsisting permit or substituting pipeline licence that has effect, in accordance with this Scheme, under the law of the State, and if he does so—
(a) he shall make an appropriate entry of the kind referred to in sub-clause (2); and
(b) the Commonwealth Register shall cease to be deemed to be the State Register in relation to that permit or licence to the extent that it has effect under the State Act in accordance with this Scheme, or in relation to instruments of the kind referred to in sub-section (3) affecting that permit or licence as so having effect.”.
10. In the application in relation to, or to transactions in respect of, a new permit or new pipeline licence of the laws of the Commonwealth and of the States relating to fees—
(a) a reference to a year of the term of the permit or licence shall be read as a reference to a year that would have been a year of the term of the subsisting permit or subsisting pipeline licence commencing on or after the commencing day;
(b) fees in respect of a year of the term of the subsisting permit or subsisting pipeline licence that commenced before the commencing day and not paid before the commencing day shall be payable in accordance with the law that was in force immediately before that day; and
(c) a person is not liable to pay by way of such fees in respect of any year or transaction, a greater total amount than would have been payable if the subsisting permit or subsisting licence had continued in force and the whole of the permit area, or the whole of the pipeline, had been within the Commonwealt
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