Petroleum (Submerged Lands) Amendment Act 1984 (Cth)
TABLE OF PROVISIONS
Section
1. Short title, &c.
2. Commencement
3. Interpretation
4. Term of permit
5. Declaration of location
6. Grant of licence
7. Variation of licence area
8. Determination of permit as to block not taken up by licensee
9. Grant of licences in respect of individual blocks
10. Term of licence
11. Application for renewal of licence
12. Directions as to recovery of petroleum
13. Unit development
14. Term of pipeline licence
15. Application for renewal of pipeline licence
16. Register of certain instruments to be kept
17. Date of effect of surrender, &c., of permits, &c.
18. Commencement of works
19. Directions
20. Payments by instalments
21. Special prospecting authorities
22. Access authorities
23. Release of information
24. Insertion of new Division in Part III—
140a. Interpretation
140b. Emergency periods
140c. Designated Authority may authorize entry into area to be avoided
140d. Unauthorized vessel not to enter area to be avoided
140e. Powers of authorized persons
140f. Search warrants
140g. Exercise of powers in serious circumstances
25. Barracouta and Marlin Fields Petroleum Production Licences
26. Barracouta and Marlin Fields Pipeline Licences to have effect as pipeline licences under this Act
27. Schedule 5
28. Insertion of new Schedule
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting from sub-section (2) “ceases to have effect” and substituting “ceases to be in force”; and
(b) by omitting from sub-section (3) “the date from and including which the permit, licence or pipeline licence, as the case may be, has effect or on any anniversary of that date” and substituting “the day on which the permit, licence or pipeline licence, as the case may be, comes into force or on any anniversary of that day”.
(a) by inserting in sub-section (2) “in respect of that block or one or more of those blocks” after “be revoked”; and
(b) by inserting in sub-section (2) “in the manner requested” after “declaration” (last occurring).
“(3) Subject to sub-section (4),
where a block or blocks constituting or forming part of a location is or are no
longer the subject of a permit, the Designated Authority shall, by instrument
published in the
(a) in a case where that block or those blocks constitutes or constitute that location—revoke the declaration made under sub-section 37 (1) in respect of that location; or
(b) in a case where that block or those blocks form part of that location—revoke the declaration made under sub-section 37 (1) in respect of that location to the extent that it relates to that block or those blocks.
“(4) Sub-section (3) does not apply in relation to a block—
(a) in respect of which an application for the grant of a licence has been made, being an application that has not lapsed and in relation to which a decision has not been made by the Joint Authority; or
(b) in respect of which a licence is in force.”.
(a) by omitting from sub-section (3) “Designated Authority” (wherever occurring) and substituting “Joint Authority”;
(b) by omitting from sub-section (3) “he” and substituting “it”;
(c) by omitting from sub-section (3) “the petroleum is being recovered” and substituting “petroleum is being recovered in the licence area or from a petroleum pool in the licence area”;
(d) by omitting from sub-section (4) “Designated Authority” (wherever occurring) and substituting “Joint Authority”;
(e) by inserting in sub-section (4) “or from a petroleum pool in the licence area” after “licence area”; and
(f) by adding at the end thereof the following sub-section:
“(5) Without limiting the matters that may be taken into account by the Joint Authority in determining whether to give a direction under sub-section (3) or (4), the Joint Authority may take into account matters relating to the effects on Commonwealth revenue of the proposed direction, but the Joint Authority shall not give a direction under sub-section (3) or (4) if the direction would require action to be taken that is contrary to good oil-field practice.”.
“(2) A pipeline licence comes into force on the day on which the pipeline licence is granted or, if a later day is specified in the pipeline licence as being the day on which the pipeline licence is to come into force, on that later day.”.
(a) by omitting sub-section (1); and
(b) by omitting from sub-sections (2), (3) and (4) “from and including” and substituting “on and from”.
(a) by omitting sub-section (7) and substituting the following sub-section:
“(7) A person who fails to comply with a direction in force under sub-section (1) that applies to the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $10,000.”; and
(b) by omitting the penalty set out at the foot of the section.
(a) by omitting from sub-section (6) “has effect from and including” and substituting “comes into force on”;
(b) by setting out at the foot of sub-section (9) the following penalty:
“Penalty: $10,000.”; and
(c) by omitting the penalty set out at the foot of the section.
“(b) where a licence is in force in respect of the block, the relevant day is the day on which the period of 12 months that commenced on the day on which the report, return, other document, core, cutting or sample was furnished to the Designated Authority expires;”.
“140a. (1) In this Division—
‘authorized person’ means a member or a special member of the Australian Federal Police, a member of the Police Force of a State or Territory, a member of the Defence Force or a person, or a person included in a class of persons, authorized to perform duties under this Division in accordance with sub-section (4);
‘exempt vessel’, in relation to a safety zone, means a vessel—
(a) that is excluded from the operation of section 119 in relation to that safety zone by virtue of the instrument establishing the safety zone; or
(b) in respect of which there is in force a consent in writing of the Designated Authority under sub-section 119 (1) in relation to that safety zone;
‘Government vessel’ means a vessel that is beneficially owned by, or a vessel the whole possession and control of which is for the time being vested
in, the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory;
‘master’, in relation to a vessel, means the person having command or charge of the vessel;
‘owner’, in relation to a vessel, means—
(a) in a case to which paragraph (b) does not apply—the person who owns the vessel; or
(b) if the vessel is being operated by a person (not being the person who owns the vessel) who has the whole possession and control of the vessel—the operator of the vessel;
‘prescribed safety zone’ means a safety zone that is situated within any part of the area described in Schedule 6 that comprises waters of the sea that are not within the territorial sea of Australia or within any area on the landward side of the territorial sea of Australia;
‘relevant vessel’ means a vessel—
(a) that is registered under the
Shipping Registration Act 1981 and the gross tonnage of which specified in the certificate of registration of the vessel exceeds 200;(b) that is not registered under the
Shipping Registration Act 1981 but is permitted to be registered under that Act (other than a vessel that, under the law of another country, is entitled to fly the flag of that country and is flying that flag), being a vessel the tonnage length of which is equal to or exceeds 24 metres; or(c) not being a vessel to which paragraph (a) or (b) applies, that is in the adjacent area for the purpose of exploring the sea-bed or subsoil of the adjacent area for petroleum or minerals or for the purpose of exploiting the natural resources, being petroleum or minerals, of that sea-bed or subsoil,
but does not include a Government vessel;
‘safety zone’ means an area that is a safety zone for the purposes of section 119.
“(2) A reference in this Division to the area to be avoided shall be read as a reference to so much of the area described in Schedule 6 as comprises waters of the sea that—
(a) are not within the territorial sea of Australia or within any area on the landward side of the territorial sea of Australia; and
(b) are not within a safety zone.
“(3) 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 (2) and the definition of ‘prescribed safety zone’ in sub-section (1) continue to have effect as if the breadth of the territorial sea of Australia had continued to be 3 nautical miles.
“(4) The Designated Authority may,
by notice published in the
“(5) The reference in the definition of ‘Government vessel’ in sub-section (1) to an authority of the Commonwealth, of a State or of a Territory shall be read as a reference to a body corporate established for a public purpose by or under a law of the Commonwealth or of a State or Territory, as the case may be, other than—
(a) the Australian Shipping Commission;
(b) the Western Australian Coastal Shipping Commission;
(c) the Transport Commission established under the
Transport Act 1938 of the State of Tasmania; or(d) a body corporate that is declared by regulations made under the
Shipping Registration Act 1981 not to be a Government authority for the purposes of that Act.
“(6) For the purposes of this
Division, the tonnage length of a ship shall be determined in the same manner
as it is determined for the purposes of the
“140b. (1) Where the Minister is satisfied that—
(a) terrorist activity is likely to occur in the area to be avoided or in a prescribed safety zone; and
(b) if that activity occurred, the safety of any person in the area to be avoided or in a prescribed safety zone would be likely to be at risk or any well, pipeline, structure or equipment in the area to be avoided or in a prescribed safety zone would be likely to be damaged,
the
Minister may, by notice published in the
“(2) A notice under sub-section (1)
comes into force on the day on which the notice is published in the
“(3) Where—
(a) a notice under sub-section (1) is made; and
(b) before the expiration of the period during which the notice remains in force, the Minister is satisfied that it is necessary to extend the period of the state of emergency,
the
Minister may, by notice published in
“(4) The Minister shall not make a notice under sub-section (1) or extend the period of a state of emergency under sub-section (3) unless the Minister has
consulted with the Designated Authority in relation to the proposed making of the notice or the proposed extension, as the case may be.
“(5) During any period during which a notice under this section is in force, this Division has effect as if—
(a) ‘and the gross tonnage of which specified in the certificate of registration of the vessel exceeds 200’ were omitted from paragraph (a) of the definition of ‘relevant vessel’ in sub-section 140a (1); and
(b) ‘, being a vessel the tonnage length of which is equal to or exceeds 24 metres’ were omitted from paragraph (b) of the definition of ‘relevant vessel’ in sub-section 140a (1).
“(6) A reference in this section to terrorist activity shall be read as including a reference to activities involving extortion.
“140c. (1) The owner of a vessel may, by notice in writing given to the Designated Authority, apply for the grant of an authorization under sub-section (2) for the vessel to enter the area to be avoided.
“(2) The Designated Authority may, by notice in writing given to a person who has made an application under sub-section (1) in respect of a vessel, authorize the vessel to enter the area to be avoided.
“(3) An authorization under sub-section (2) is subject to such conditions as are specified in the notice of authorization.
“(4) The Designated Authority may, by notice in writing given to the owner of a vessel in respect of which an authorization is in force under sub-section (2), revoke the authorization.
“140d. (1) Where a relevant vessel (not being an exempt vessel in relation to a prescribed safety zone) enters or remains in the area to be avoided otherwise than in accordance with an authorization in force in respect of the vessel under sub-section 140c (2), the owner of the vessel and the master of the vessel are each guilty of an offence punishable, on conviction, by a fine not exceeding $50,000 or imprisonment for a period not exceeding 5 years, or both.
“(2) It is a defence to a prosecution for an offence against sub-section (1) in relation to a vessel entering, or remaining in, the area to be avoided otherwise than in accordance with an authorization in force in respect of the vessel if the person charged satisfies the court that—
(a) an unforseen emergency rendered it necessary for the vessel to enter or remain in the area in order to attempt to secure the safety of the vessel, of another vessel, of any well, pipeline, structure or equipment or of human life; or
(b) the vessel entered or remained in the area in circumstances not under the control of the person who was in charge of the navigational watch of the vessel.
“140e. (1) Subject to sub-section (3), an authorized person may—
(a) board a vessel that the person has reasonable grounds to believe has been used, is being used or is about to be used in contravention of section 119 or 140d;
(b) where the person has boarded a vessel in the exercise of powers under paragraph (a)—
(i) require any person on board the vessel to answer questions relating to the vessel or to the movements of the vessel;
(ii) require the master of the vessel to state whether there is in force in respect of the vessel a consent under sub-section 119 (1) or an authorization under sub-section 140c (2) and, if so, to produce the consent or authorization, as the case may be;
(iii) if the vessel is registered under the
Shipping Registration Act 1981— require the master of the vessel to produce the certificate of registration of the vessel; or(iv) search the vessel for any documents relating to the vessel or to the movements of the vessel;
(c) require the master of a vessel, being a vessel—
(i) that is, or that the person has reasonable grounds to believe is, a relevant vessel;
(ii) that is in the area to be avoided otherwise than in accordance with an authorization in force in respect of the vessel under sub-section 140c (2); and
(iii) that is not an exempt vessel in relation to a prescribed safety zone,
to take the vessel outside the area to be avoided;
(d) require the master of a vessel, being a vessel that is in a safety zone and that is not an exempt vessel in relation to the safety zone, to take the vessel outside the safety zone;
(e) require the master of a vessel, being a vessel—
(i) that is in, or that is near, the area to be avoided;
(ii) that the person has reasonable grounds to believe is a vessel of the kind referred to in paragraph (b) of the definition of ‘relevant vessel’ in sub-section 140a (1);
(iii) in respect of which there is not in force an authorization under sub-section 140c (2); and
(iv) that is not an exempt vessel in relation to a prescribed safety zone,
to permit the person to take measurements of the vessel;
(f) require the master of a disabled vessel—
(i) that is in the area to be avoided and that is, or that the person has reasonable grounds to believe is, a relevant vessel;
(ii) that is in a safety zone; or
(iii) that is, or that the person has reasonable grounds to believe is, a relevant vessel and that the person has reasonable grounds to believe is likely to cause damage to any well, pipeline, structure or equipment in the area to be avoided or in a safety zone,
to permit the vessel to be towed away from the area to be avoided or the safety zone, as the case requires, or to accept the giving of such other assistance to the vessel as the person considers necessary; or
(g) detain a vessel that the person has reasonable grounds to believe has been used in contravention of section 119 or 140d.
“(2) A person who—
(a) fails to facilitate by all reasonable means the boarding of a vessel by an authorized person pursuant to sub-section (1);
(b) refuses to allow a search that is authorized under sub-section (1) to be made by an authorized person;
(c) refuses or neglects to comply with a requirement made by an authorized person under sub-section (1);
(d) when an authorized person requires the person to give information, pursuant to the powers of the authorized person under sub-section (1)—gives information that is, to the knowledge of the person, false or misleading in a material particular; or
(e) resists or obstructs an authorized person who is acting pursuant to sub-section (1),
is guilty of an offence punishable, on conviction, by a fine not exceeding $5,000.
“(3) The powers of an authorized person in relation to a vessel under paragraphs (1) (a), (b), (e) and (g) shall not be exercised except—
(a) pursuant to a warrant issued under section 140f;
(b) after obtaining the consent of the master of the vessel; or
(c) in circumstances of seriousness and urgency, in accordance with section 140g.
“140f. (1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds to believe that a vessel has been used, is being used or is about to be used in contravention of section 119 or 140d, and the information sets out those grounds and identifies the vessel, a Magistrate may issue a warrant authorizing an authorized person named in the warrant, with such assistance as the authorized person thinks necessary, to exercise all or any of the powers referred to in paragraphs 140e (1) (a), (b), (e) and (g) in relation to that vessel.
“(2) A Magistrate shall not issue a warrant under sub-section (1) unless—
(a) the informant or some other person has given to the Magistrate either orally or by affidavit such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.
“(3) A warrant issued under sub-section (1) shall—
(a) specify the purpose for which the warrant is issued;
(b) set out a description of the vessel in relation to which the warrant is issued; and
(c) specify a day, not being later than 7 days after the day on which the warrant is issued, as being the day on which the warrant ceases to have effect.
“(4) In this section, ‘Magistrate’ includes a Justice of the Peace.
“140g. An authorized person may exercise, in relation to a vessel, all or any of the powers referred to in paragraphs 140e (1) (a), (b), (e) and (g) where—
(a) the authorized person has reasonable grounds to believe that—
(i) the vessel has been used, is being used or is about to be used in contravention of section 119 or 140d; or
(ii) the exercise of those powers is necessary to prevent damage being caused to any well, pipeline, structure or equipment in the area to be avoided or in a safety zone; and
(b) the circumstances are of such a serious nature as to require and justify the immediate exercise of those powers without the authority of a warrant issued under section 140f.”.
“SCHEDULE 6 Section 140a
AREA THAT INCLUDES THE AREA TO BE AVOIDED
The area the boundary of which commences at the intersection of the coastline of the State of Victoria at mean low water by the parallel of Latitude 38° 15’ South and runs thence south-easterly along the geodesic to the point of Latitude 38° 35’ South, Longitude 147° 44’ East; thence south-easterly along the geodesic to the point of Latitude 38° 41’ South, Longitude 148° 06’ East; thence easterly along the parallel of Latitude 38° 41’ South to its intersection by the meridian of Longitude 148° 13’ East; thence north-easterly along the geodesic to the point of Latitude 38° 32’ South, Longitude 148° 26’ East; thence north-easterly along the geodesic to the point of Latitude 38° 19’ South, Longitude 148° 35’ East; thence north-westerly along the geodesic to the point of Latitude 38° 08’ South, Longitude 148° 31’ East; thence north-westerly along the geodesic to the point of Latitude 38° 05’ South, Longitude 148° 24’ East; thence north-westerly along the geodesic to the intersection of the coastline of the State of Victoria at mean low water by the parallel of Latitude 37° 58’ South; thence along the coastline of the State of Victoria at mean low water to the point of commencement.”.
1. No. 118, 1967, as amended, For previous amendments, see No. 1, 1968; No. 36, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 57, 1974; No. 80, 1980 (as amended by No. 79, 1981); Nos. 79 and 176, 1981; No. 80, 1982; and No. 22, 1984.
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