Petroleum (Submerged Lands) Amendment Act 1985
No. 80 of 1985
TABLE OF PROVISIONS
Section
1. Short title, &c.
2. Commencement
3. Interpretation
4. Conditions of permit
5. Insertion of new Division in Part III —
Division 2a—Retention Leases for Petroleum
38a. Application by permittee for lease
38b. Grant or refusal of lease in relation to application
38c. Rights conferred by lease
38d. Term of lease
38e. Notice of intention to cancel lease
38f. Application for renewal of lease
38g. Grant or refusal of renewal of lease
38h. Conditions of lease
38j. Discovery of petroleum to be notified
38k. Directions by Designated Authority on discovery of petroleum
6. Insertion of new section—
39a. Application for licence by holder of permit to which Royalty Act does not apply
7. Application for licence by holder of permit to which Royalty Act applies
TABLE OF PROVISIONS—continued
Section
8. Insertion of new sections—
40a. Application for licence by holder of lease to which Royalty Act does not apply
40b. Application for licence by holder of lease to which Royalty Act applies
9. Application for licence
10. Notification as to grant of licence
11. Determination of permit or lease as to block not taken up
12. Conditions of licences
13. Works to be carried out
14. Unit development
15. Insertion of new section—
75. Interpretation
16. Register of certain instruments to be kept
17. Memorials to be entered of permits, &c., determined, &c.
18. Repeal of section 78 and substitution of new section—
78. Approval and registration of transfers
19. Entries in Register on devolution of title, &c.
20. Repeal of sections 80 and 81 and substitution of new sections—
81. Approval of dealings creating, &c., interests, &c., in existing titles
81a. Approval of dealings in future interests, &c.
21. True consideration to be shown
22. Designated Authority not concerned with certain matters
23. Power of Designated Authority to acquire information as to dealings
24. Production and inspection of documents
25. Inspection of Register and documents
26. Insertion of new section—
87a. Designated Authority may make corrections to Register
27. Directions
28. Compliance with directions
29. Special prospecting authorities
30. Access authorities
31. Release of information
32. Insertion of new section—
118a. Designated Authority to make correspondence, &c., available to Commonwealth Minister
33. Insertion of new section—
130. Payments to Western Australia
34. Insertion of new section—
138a. Service of documents on 2 or more permittees, &c.
35. Insertion of new section—
152. Reconsideration and review of certain decisions
36. Regulations
37. Schedule 5
38. Consequential amendments
SCHEDULE
CONSEQUENTIAL AMENDMENTS
Petroleum (Submerged Lands) Amendment Act 1985
No. 80 of 1985
An Act to amend the Petroleum (Submerged Lands) Act 1967, and for related purposes
[Assented to 6…
Overview
The Petroleum (Submerged Lands) Amendment Act 1985 (C2004A03119) was enacted to address gaps in the regulatory framework for petroleum exploration and extraction in Australia's submerged lands. This Act amends the Petroleum (Submerged Lands) Act 1967, extending the scope of regulatory control and providing additional mechanisms for oversight and management of petroleum activities. Enacted by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, the Act aims to enhance the administration and regulation of petroleum exploration and extraction, ensuring that activities are conducted in a manner that is safe, environmentally responsible, and economically viable. Key provisions of the Act include the introduction of retention leases for petroleum, detailed conditions for the grant, renewal, and cancellation of such leases, and provisions for the application and grant of licences by permittees and lessees. The Act also strengthens the regulatory framework by introducing new requirements for the approval and registration of transfers, dealings, and other instruments related to petroleum activities, thereby ensuring greater transparency and accountability in the management of petroleum resources.
Scope and Application
The Petroleum (Submerged Lands) Amendment Act 1985 applies to the Commonwealth and its territories, focusing on the regulation of petroleum exploration and development on submerged lands. This legislation amends the Petroleum (Submerged Lands) Act 1967 to introduce provisions for retention leases for petroleum, thereby extending the rights and obligations of permittees and lessees in the exploration and potential exploitation of petroleum resources. The Act applies to entities such as permittees, lessees, and licensees, who are involved in the exploration, development, and exploitation of petroleum on submerged lands within the jurisdiction of the Commonwealth and its territories. It does not explicitly state exclusions or thresholds but implies that certain operations and transactions, such as the transfer of titles or the granting of special prospecting authorities, are subject to regulatory oversight and approval by designated authorities. The Act extends its application through subordinate instruments, which may include regulations, codes of practice, and standards, thereby allowing for detailed operational guidelines and enforcement mechanisms to be established.
Key Provisions
- The Petroleum (Submerged Lands) Amendment Act 1985 introduces several key provisions related to the exploration and exploitation of petroleum in submerged lands in Australian waters. Section 38a allows permittees to apply for retention leases for petroleum exploration, subject to conditions and the payment of a fee. Section 38b outlines the process for the grant or refusal of these leases by the Joint Authority. Leases can be granted for up to 5 years and may be renewed if certain conditions are met, as detailed in sections 38f and 38g. Lessee obligations include notifying the Designated Authority of any petroleum discoveries (section 38j) and complying with directions related to the discovery (section 38k). The Act also revises the application process for licences, introducing new sections 39a, 40a, 40b, and 9 for holders of permits and leases.
- Obligations imposed by the Act include the requirement for permittees and lessees to submit detailed applications, including financial and technical information, and to comply with conditions specified by the Joint Authority. Lessee obligations also include re-evaluating the commercial viability of petroleum production within specified periods (section 38h). Failure to comply with these obligations can result in the refusal of a lease or licence application.
- The Act imposes penalties and consequences for breaches. For instance, failure to notify the Designated Authority of a petroleum discovery within the specified timeframe can incur a penalty of up to $10,000 (section 38j). Additionally, the Act outlines procedures for the approval and registration of transfers of titles (sections 78 and 81), with failure to comply with these procedures potentially rendering a transfer void. Non-compliance with directions given by the Designated Authority can also result in penalties.
- Sections 101 and 102 establish the power of the Designated Authority to issue directions and the requirement for compliance with these directions, with penalties for non-compliance. Section 130 details payments to Western Australia based on petroleum royalties, including specific financial years and amounts.
- Lastly, the Act includes provisions for reconsideration and review of certain decisions made by the Minister, allowing for applications to the Administrative Appeals Tribunal for review of reviewable decisions. The regulations under the Act can incorporate codes of practice or standards relevant to petroleum exploration and exploitation, further detailing the operational requirements and standards for compliance.
- Area of Law
- Environmental Law
- Energy Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
- Licensing & Registration
- Enforcement Powers
- Compliance Obligations
