Petroleum (Submerged Lands) Amendment Act 1985 (Cth)
Section
1. Short title, &c.
2. Commencement
3. Interpretation
4. Conditions of permit
5. Insertion of new Division in Part III —
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—
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
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by inserting “or 40b (2) or (3)” after “40 (1) or (2)” in the definition of “application for a primary licence” in sub-section (1);
(b) by inserting “or 40b (4)” after “40 (3)” in the definition of “application for a secondary licence” in sub-section (1);
(c) by inserting after the definition of “inspector” in sub-section (1) the following definitions:
“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;”;
(d) by inserting “or lease” after “permit” (wherever occurring) in the definition of “partly determined” in sub-section (1);
(e) by omitting from sub-section (1) the definition of “primary entitlement” and substituting the following definition:
“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 sub-section 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 sub-section 40b (2);”;
(f) by inserting “lease,” after “permit,” (wherever occurring) in the definition of “registered holder” in sub-section (1);
(g) by inserting “, lease” after “permit” (wherever occurring) in paragraph (a) of the definition of “the relinquished area” in sub-section (1);
(h) by inserting “or lease” after “permit” (wherever occurring) in paragraph (b) of the definition of “the relinquished area” in sub-section (1);
(j) by inserting after paragraph (c) of the definition of “the relinquished area” in sub-section (1) the following paragraph:
“(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;”;
(k) by inserting “lease,” after “permit,” (wherever occurring) in the definition of “wholly cancelled” in sub-section (1);
(m) by inserting “or lease” after “permit” (wherever occurring) in the definition of “wholly determined” in sub-section (1);
(n) by inserting in sub-sections (2), (3) and (8) “lease,” after “permit,” (wherever occurring); and
(o) by inserting after sub-section (4) the following sub-section:
“(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.”.
“38a. (1) A permittee whose permit is in force in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Designated Authority for the grant by the Joint Authority of a lease in respect of that block, or in respect of one or more of those blocks, as the case may be.
“(2) An application under sub-section (1)—
(a) shall be in accordance with an approved form;
(b) shall be made in an approved manner;
(c) shall be accompanied by particulars of—
(i) the proposals of the applicant for work and expenditure in respect of the area comprised in the blocks specified in the application; and
(ii) the commercial viability of the recovery of petroleum from the area comprised in the blocks specified in the application at the time of the application, and particulars of the possible future commercial viability of the recovery of petroleum from that area;
(d) may set out any other matters that the applicant wishes to be considered; and
(e) shall be accompanied by a fee of $600.
“(3) The Designated Authority may, at any time, by instrument in writing served on the applicant, require the applicant to furnish, within the time specified in the instrument, further information in writing in connection with the application.
“(4) The application period in respect of an application under this section by a permittee is—
(a) the period of 2 years after the date on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or
(b) such other period, not less than 2 years or more than 4 years after that date, as the Designated Authority, on application in writing by the permittee, served on the Designated Authority before the end of the first-mentioned period of 2 years, allows.
“38b. (1) Where—
(a) an application has been made under section 38a;
(b) the applicant has furnished any further information as and when required by the Designated Authority under sub-section 38a (3); and
(c) the Joint Authority is satisfied that recovery of petroleum from the area comprised in the blocks specified in the application—
(i) is not, at the time of the application, commercially viable; and
(ii) is likely to become commercially viable within the period of 15 years after that time,
the Joint Authority shall, by instrument in writing served on the applicant, inform the applicant—
(d) that it is prepared to grant to the applicant a lease in respect of the block or blocks specified in the application; and
(e) that the applicant will be required to lodge a security for compliance with the conditions to which the lease, if granted, will from time to time be subject and with the provisions of this Part and the regulations.
“(2) Where an application has been made under section 38a and—
(a) the applicant has not furnished any further information as and when required by the Designated Authority under sub-section 38a (3); or
(b) the Joint Authority is not satisfied as to the matters referred to in paragraph (1) (c) in relation to the blocks specified in the application,
the Joint Authority shall, by instrument in writing served on the applicant, refuse to grant a lease to the applicant.
“(3) An instrument under sub-section (1) shall contain—
(a) a summary of the conditions subject to which the lease 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 sub-section (4) in respect of the grant of the lease and lodge with the Designated Authority the security referred to in the instrument.
“(4) An applicant on whom there has been served an instrument under sub-section (1) may, within a period of one month after the date of service of the instrument, or within such further period, not exceeding one month, as the
Designated Authority, on application in writing served on the Designated Authority before the end of the first-mentioned period of one month, allows—
(a) by instrument in writing served on the Designated Authority, request the Joint Authority to grant to the applicant the lease; and
(b) lodge with the Designated Authority the security referred to in the first-mentioned instrument.
“(5) Where an applicant on whom there has been served an instrument under sub-section (1)—
(a) has made a request under sub-section (4); and
(b) has lodged with the Designated Authority the security referred to in the instrument,
within the period applicable under sub-section (4), the Joint Authority shall grant to the applicant a retention lease in respect of the block or blocks specified in the instrument.
“(6) Where an applicant on whom there has been served an instrument under sub-section (1)—
(a) has not made a request under sub-section (4); or
(b) has not lodged with the Designated Authority the security referred to in the instrument,
within the period applicable under sub-section (4), the application lapses upon the expiration of that period.
“(7) On the day on which a lease granted under this section in respect of a block or blocks comes into force, the permit in respect of the block or blocks ceases to be in force in respect of those blocks.
“38c. A lease, while it remains in force, authorizes the lessee, subject to this Act and the regulations and in accordance with the conditions to which the lease is subject, to explore for petroleum, and to carry on such operations and execute such works as are necessary for that purpose, in the lease area.
“38d. Subject to this Part, a lease (whether granted by way of renewal of a lease or otherwise) remains in force for a period of 5 years commencing on the day on which the lease was granted or, if a later day is specified in the lease as being the day on which the lease is to come into force, on that later day.
“38e. (1) Where—
(a) a lessee has been given a notice of the kind referred to in paragraph 38h (3) (b) during the term of the lease and has carried out. and has informed the Joint Authority of the results of, the re-evaluation required by the notice;
(b) the lessee has not made an application for the renewal of the lease; and
(c) after consideration of the results of the re-evaluation referred to in paragraph (a) and such other matters as the Joint Authority thinks fit, the Joint Authority is of the opinion that recovery of petroleum from the lease area is commercially viable,
the Joint Authority may serve on the lessee and on such other persons as the Joint Authority thinks appropriate an instrument in writing—
(d) informing the lessee or the other person that the Joint Authority has formed that opinion and that the Joint Authority intends to cancel the lease; and
(e) stating that the lessee or the other person may serve an instrument in writing on the Designated Authority within the period specified in the first-mentioned instrument, not being a period ending earlier than one month after the date of service of the first-mentioned instrument, setting out any matters that the lessee or the other person, as the case may be, wishes to be considered.
“(2) Where—
(a) an instrument under sub-section (1) is served on a lessee; and
(b) the lessee does not, within the period referred to in paragraph (1) (e), serve on the Designated Authority an instrument setting out matters that the lessee wishes to be considered or the Joint Authority, after consideration of matters set out in an instrument served on the Designated Authority by the lessee within that period, determines that the lease should be cancelled,
the Joint Authority shall, by instrument in writing served on the lessee, cancel the lease.
“(3) The cancellation of a lease under sub-section (2) has effect—
(a) in a case to which paragraph (b) does not apply—at the end of the period of 12 months commencing on the date of service of the instrument of cancellation; or
(b) in a case where the lessee makes an application for a licence in respect of one or more of the blocks comprised in the lease within the period referred to in paragraph (a)—when the Joint Authority grants, or refuses to grant, the licence or when the application lapses, whichever first happens.
“(4) Where a lease is cancelled under sub-section (2), the lease shall be deemed to continue in force in all respects until the cancellation has effect in accordance with sub-section (3).
“38f. (1) A lessee may, from time to time, make an application to the Designated Authority for the renewal by the Joint Authority of the lease.
“(2) An application for the renewal of a lease—
(a) shall be in accordance with an approved form;
(b) subject to sub-section (3), shall be made in an approved manner not less than 6 months or more than 12 months before the day on which the lease ceases to be in force;
(c) shall be accompanied by particulars of—
(i) the proposals of the applicant for work and expenditure in respect of the lease area; and
(ii) particulars of the commercial viability of recovery of petroleum from the lease at the time of the application and particulars of the possible future commercial viability of recovery of petroleum from the lease area; and
(d) shall be accompanied by a fee of $600.
“(3) The Designated Authority may, for reasons that the Designated Authority thinks sufficient, receive an application for the renewal of the lease less than 6 months before, but not in any case after, the day on which the lease ceases to be in force.
“(4) Where a lessee makes an application for the renewal of a lease, the Designated Authority may, at any time, by instrument in writing served on the lessee, require the lessee to furnish, within the time specified in the instrument, further information in writing in connection with the application.
“38g. (1) Where—
(a) a lessee makes an application for the renewal of a lease;
(b) the applicant has furnished any further information as and when required by the Designated Authority under sub-section 38f (4); and
(c) the Joint Authority is satisfied that recovery of petroleum from the lease area—
(i) is not, at the time of the application, commercially viable; and
(ii) is likely to become commercially viable within the period of 15 years after that time,
the Joint Authority—
(d) shall, if the lessee has complied with the conditions to which the lease is subject and with the provisions of this Part and of the regulations; or
(e) may, if the lessee has not so complied but the Joint Authority is satisfied that special circumstances exist that justify the granting of the renewal of the lease,
inform the lessee, by instrument in writing served on the lessee, that it is prepared to grant to the lessee the renewal of the lease and that the lessee will be required to lodge a security for compliance with the conditions to which the lease, if the renewal is granted, will from time to time be subject and with the provisions of this Part and of the regulations.
“(2) Subject to sub-section (3), where—
(a) a lessee makes an application for the renewal of a lease; and
(b) either—
(i) the applicant has not furnished any further information as and when required by the Designated Authority under sub-section 38f (4);
(ii) the Joint Authority is not satisfied as to the matters referred to in paragraph (1) (c); or
(iii) the lessee has not complied with the conditions to which the lease is subject and with the provisions of this Part and of the regulations and the Joint Authority is not satisfied that special circumstances exist that justify the granting of the renewal of the lease,
the Joint Authority shall, by instrument in writing served on the lessee, refuse to grant the renewal of the lease.
“(3) The Joint Authority shall not refuse to grant the renewal of the lease unless—
(a) it has, by instrument in writing served on the lessee, given not less than one month’s notice of its intention to refuse to grant the renewal of the lease;
(b) it has served a copy of the instrument on such other persons, if any, as it thinks fit;
(c) it has, in the instrument—
(i) given particulars of the reasons for the intention; and
(ii) specified a date on or before which the lessee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Designated Authority, submit any matters that the lessee wishes to be considered; and
(d) it has taken into account any matters so submitted on or before the specified date by the lessee or by a person on whom a copy of the first-mentioned instrument has been served.
“(4) An instrument referred to in sub-section (1) shall contain—
(a) a summary of the conditions to which the lease, on the grant of the renewal, is to be subject; and
(b) a statement to the effect that the application will lapse if the lessee does not make a request under sub-section (6) and lodge with the Designated Authority the security referred to in the instrument.
“(5) An instrument under sub-section (2) shall, where the Joint Authority refuses to grant the renewal of a lease by reason only that the Joint Authority is not satisfied as to the matter referred to in sub-paragraph (1) (c) (i), contain a statement to the effect that the lessee may, within the period of 12 months after the date of service of the instrument, make an application for a licence in respect of one or more of the blocks comprised in the lease.
“(6) A lessee on whom there has been served an instrument under sub-section (1) may, within a period of one month after the date of service of the instrument on the lessee—
(a) by instrument in writing served on the Designated Authority, request the Joint Authority to grant the lessee the renewal of the lease; and
(b) lodge with the Designated Authority the security referred to in the first-mentioned instrument.
“(7) Where a lessee on whom there has been served an instrument under sub-section (1)—
(a) has made a request under sub-section (6); and
(b) has lodged with the Designated Authority the security referred to in the instrument,
within the period referred to in sub-section (6), the Joint Authority shall grant to the lessee the renewal of the lease.
“(8) Where a lessee on whom there has been served an instrument under sub-section (1)—
(a) has not made a request under sub-section (6); or
(b) has not lodged with the Designated Authority the security referred to in the instrument,
within the period referred to in sub-section (6), the application lapses upon the expiration of that period.
“(9) Where—
(a) an application for the renewal of a lease has been made; and
(b) the lease expires—
(i) before the Joint Authority grants, or refuses to grant, the renewal of the lease; or
(ii) before the application lapses as provided by sub-section (8),
the lease shall be deemed to continue in force in all respects—
(c) until the Joint Authority grants, or refuses to grant, the renewal of the lease; or
(d) until the application so lapses,
whichever first happens.
“(10) Where the Joint Authority refuses to grant the renewal of a lease by reason only that the Joint Authority is not satisfied as to the matter referred to in sub-paragraph (1) (c) (i), the lease shall be deemed to continue in force in all respects—
(a) in a case to which paragraph (b) does not apply—until 12 months after the date of service of the instrument under sub-section (2); or
(b) in a case where the lessee makes an application for a licence in respect of one or more of the blocks comprised in the lease within the period of 12 months after the date referred to in paragraph (a)—until the Joint Authority grants, or refuses to grant, the licence or until the application lapses, whichever first happens.
“38h. (1) A lease may be granted subject to such conditions as the Joint Authority thinks fit and are specified in the lease.
“(2) The conditions referred to in sub-section (1) may include conditions with respect to work to be carried out by the lessee in or in relation to the lease area during the term of the lease, or amounts to be expended by the lessee in the carrying out of such work, or conditions with respect to both of those matters, including conditions requiring the lessee to comply with directions given in accordance with the lease concerning those matters.
“(3) A lease shall be deemed to contain—
(a) in the case of a lease to which the Royalty Act applies—a condition that the lessee will comply with the provisions of the Royalty Act as in force from time to time; and
(b) a condition that the lessee will, within the period of 3 months after the receipt of a written notice from the Joint Authority requesting the lessee to do so or within such further period as the Designated Authority, on application in writing served on the Designated Authority before the end of the first-mentioned period, allows, re-evaluate the commercial viability of petroleum production in the lease area (otherwise than by the drilling of wells) and inform the Joint Authority in writing of the results of the re-evaluation.
“(4) Where a lessee has complied with 2 notices of the kind referred to in paragraph (3) (b) during the term of the lease, the Joint Authority shall not give to the lessee during that term a further notice of that kind.
“38j. (1) Where petroleum is discovered in a lease area, the lessee—
(a) shall forthwith inform the Designated Authority of the discovery; and
(b) shall, within a period of 3 days after the date of the discovery, furnish to the Designated Authority particulars in writing of the discovery.
“(2) Where petroleum is discovered in a lease area, the Designated Authority may, from time to time, by instrument in writing served on the lessee, direct the lessee to furnish to the Designated Authority, within the period specified in the instrument, particulars in writing of any one or more of the following:
(a) the chemical composition and physical properties of the petroleum;
(b) the nature of the subsoil in which the petroleum occurs;
(c) any other matters relating to the discovery that are specified by the Designated Authority in the instrument.
“(3) A person to whom a direction is given under sub-section (2) shall comply with the direction.
Penalty: $10,000.
“38k. (1) Where petroleum is discovered in a lease area, the Designated Authority may, by instrument in writing served on the lessee, direct the lessee to do, within the period specified in the instrument, such things as the Designated Authority thinks necessary and specifies in the instrument to determine the chemical composition and physical properties of that petroleum and to determine the quantity of petroleum in the petroleum pool to which the discovery relates or, if part only of that petroleum pool is within the lease area, in such part of that petroleum pool as is within the lease area.
“(2) A person to whom a direction is given under sub-section (1) shall comply with the direction.
Penalty: $10,000.”.
“39a. (1) This section applies to a permit to which the Royalty Act does not apply.
“(2) A permittee whose permit is in force in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Designated Authority for the grant by the Joint Authority of a licence in respect of that block, or in respect of one or more of those blocks, as the case may be.
“(3) An applicant under sub-section (2) may, for the purposes only of varying the number of blocks specified in the application, at any time before an instrument under sub-section 43 (1) informing the applicant that the Joint Authority is prepared to grant to the applicant a licence is served on the applicant, withdraw the application and make a fresh application under sub-section (2).
“(4) Paragraph 41 (1) (e) does not apply in relation to such a fresh application.
“(5) Subject to sub-section (6), the application period in respect of a block under this section by a permittee is—
(a) the period of 2 years after the day on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or
(b) such other period, not less than 2 years or more than 4 years after that day, as the Designated Authority, on application by the permittee, in writing, served on the Designated Authority before the end of the first-mentioned period of 2 years, allows.
“(6) Where—
(a) a permittee applies for the grant by the Joint Authority of a licence in respect of a block or blocks in respect of which the permittee has applied for a lease under section 38a; and
(b) an instrument refusing to grant the lease is served on the permittee pursuant to sub-section 38b (2),
the application period is whichever of the following periods last expires:
(c) the period that is applicable under sub-section (5);
(d) the period of 12 months after the day of service of the instrument.”.
(a) by inserting before sub-section (1) the following sub-section:
“(1a) This section applies to a permit to which the Royalty Act applies.”;
(b) by omitting from sub-section (4) “The application period” and substituting “Subject to sub-section (5), the application period”; and
(c) by adding at the end the following sub-section:
“(5) Where—
(a) a permittee applies for the grant by the Joint Authority of a licence in respect of a block or blocks in respect of which the permittee has applied for a lease under section 38a; and
(b) an instrument refusing to grant the lease is served on the permittee pursuant to sub-section 38b (2),
the application period is whichever of the following periods last expires:
(c) the period that is applicable under sub-section (4);
(d) the period of 12 months after the day of service of the instrument.”.
“40a. (1) This section applies to a lease to which the Royalty Act does not apply.
“(2) A lessee whose lease is in force in respect of a block or blocks may make an application to the Designated Authority for the grant by the Joint Authority of a licence in respect of that block, or in respect of one or more of those blocks, as the case may be.
“40b. (1) This section applies to a lease to which the Royalty Act applies.
“(2) A lessee whose lease is in force may make an application to the Designated Authority for the grant by the Joint Authority of a licence—
(a) where the lease is in respect of 9 blocks—in respect of 5 of those blocks;
(b) where the lease is in respect of 8 or 7 blocks—in respect of 4 of those blocks;
(c) where the lease is in respect of 6 or 5 blocks—in respect of 3 of those blocks;
(d) where the lease is in respect of 4 or 3 blocks—in respect of 2 of those blocks;
(e) where the lease is in respect of 2 blocks—in respect of one of those blocks; or
(f) where the lease is in respect of one block—in respect of that block.
“(3) At any time while a lease is in force, the lessee may, instead of making an application under sub-section (2) in respect of the lessee’s primary entitlement, make an application to the Designated Authority for the grant by the Joint Authority of a licence in respect of a number of blocks that is less than the lessee’s primary entitlement.
“(4) Where a lessee makes an application under sub-section (2) in respect of the lessee’s primary entitlement, the lessee may, at any time while the lease concerned is in force, make an application to the Designated Authority for the grant by the Joint Authority of a licence in respect of any of the other blocks forming part of the lease.”.
(a) by omitting from sub-section (1) “section 40” and substituting “section 39a, 40, 40a or 40b”; and
(b) by inserting in sub-section (1) “as and when” after “information”.
(a) by omitting from paragraph (1) (a) “section 40” and substituting “section 39a or 40”;
(b) by omitting paragraph (1) (b) and substituting the following paragraph:
“(b) an application made by a permittee under section 39ain respect of a block lapses or all applications made by a permittee under section 40 in respect of a block have lapsed,”; and
(c) by omitting from sub-paragraph (1) (d) (ii) “the last of the applications” and substituting “the application, or of the last of the applications,”.
(a) by inserting after sub-section (1) the following sub-sections:
“(1a) Where an application made by a lessee under section 40a in respect of a block lapses, the lease is determined as to that block.
“(1b) Subject to sub-section (2), where all applications made by a lessee under section 40b in respect of a block have lapsed, the lease is determined as to that block and the determination has effect upon the lapsing of the last of those applications.”; and
(b) by adding at the end the following sub-sections:
“(5) Where a lease is granted in respect of a block or blocks forming part of a location, the Designated Authority shall, by instrument published in the
Gazette, revoke the declaration made under sub-section 37 (1) to the extent that it relates to the block or blocks that is or are not within the lease area.“(6) Where—
(a) the Joint Authority refuses to grant a lease in respect of a block or blocks constituting or forming part of a location; and
(b) the reason, or one of the reasons, for the refusal is that the Joint Authority is not satisfied as to the matter referred to in sub-paragraph 38b (1) (c) (ii),
the Designated Authority shall, by instrument published in the
Gazette, revoke the declaration made under sub-section 37 (1) in respect of that location.”.
“(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—
(i) in a case where the Royalty Act applies to the licence—in accordance with section 10 of the Royalty Act; or
(ii) in a case where the Royalty Act does not apply to the licence—in accordance with section 10 of the Royalty Act as if the Royalty Act applied to the licence; and
(b) the value of any petroleum recovered by a licensee is the value at the well head of that petroleum ascertained—
(i) in a case where the Royalty Act applies to the licence—in accordance with the Royalty Act; or
(ii) in a case where the Royalty Act does not apply to the licence—in accordance with the Royalty Act as if the Royalty Act applied to the licence.”.
(a) by omitting from sub-section (2) all the words after “but” and substituting “nothing in this sub-section derogates from the operation of sub-section 81 (2)”;
(b) by omitting from sub-section (3) all the words after “lodge” and substituting “an application in accordance with section 81 for approval of any dealing to which the agreement relates”;
(c) by omitting paragraph (4) (b) and substituting the following paragraph:
“(b) the licensee enters into such an agreement but an application for approval of a dealing to which the agreement relates is not lodged with the Designated Authority or, if an application is so lodged, the dealing is not approved under section 81,”; and
(d) by omitting sub-section (10) and substituting the following sub-section:
“(10) In this section, ‘dealing’ means a dealing to which section 81 applies.”.
“75. In this Division, ‘title’ means a permit, lease, licence, pipeline licence or access authority.”.
(a) by omitting from sub-section (1) “permits, licences, pipeline licences and access authorities” and substituting “titles and special prospecting authorities”;
(b) by omitting from sub-section (2) “permit, licence, pipeline licence or access authority” (wherever occurring) and substituting “title or special prospecting authority”;
(c) by inserting in paragraph (2) (c) “a special prospecting authority or” before “an access authority”;
(d) by inserting in paragraph (2) (c) “special prospecting authority or” before “access authority” (last occurring);
(e) by omitting from paragraph (3) (a) “permit, licence, pipeline licence or access authority” and substituting “title or special prospecting authority”; and
(f) by omitting from sub-sections (4) and (6) “permit, licence, pipeline licence, access authority” (wherever occurring) and substituting “title, special prospecting authority”.
“(aa) a permit ceases to be in force in respect of a block in respect of which a lease is granted;”.
“78. (1) A transfer of a title is of no force until it has been approved by the Joint Authority and an instrument of transfer is registered as provided by this section.
“(2) Where it is desired that a title be transferred, one of the parties to the proposed transfer may make an application in writing to the Designated Authority for approval by the Joint Authority of the transfer.
“(3) An application for approval of a transfer of a title shall be accompanied by—
(a) an instrument of transfer in the prescribed form executed by the registered holder or, if there are 2 or more registered holders, by each registered holder and by the transferee or, if there are 2 or more transferees, by each transferee;
(b) in a case where the transferee or one or more of the transferees is not a registered holder or are not registered holders of the title, an instrument setting out—
(i) the technical qualifications of that transferee or those transferees;
(ii) details of the technical advice that is or will be available to that transferee or those transferees; and
(iii) details of the financial resources that are or will be available to that transferee or those transferees; and
(c) 2 copies of the application and of the instruments referred to in paragraphs (a) and (b).
“(4) The Joint Authority shall not approve the transfer of a title unless the application was lodged with the Designated Authority within 3 months after the day on which the party who last executed the instrument of transfer so executed the instrument of transfer or within such longer period as the Joint Authority, in special circumstances, allows.
“(5) Where an application for approval of a transfer is made in accordance with this section, the Designated Authority shall enter a memorandum in the Register of the date on which the application was lodged and may make such other notation in the Register as the Designated Authority considers appropriate.
“(6) The Joint Authority shall—
(a) consider each application for approval of the transfer of a title and determine whether to approve the transfer; and
(b) in the case of a transfer of a permit, lease, licence or pipeline licence, determine whether approval of the transfer should be made subject to a security being lodged by the transferee or transferees for compliance with the provisions of this Act, of the regulations and of any conditions to which the permit, lease, licence or pipeline licence may, from time to time, be subject.
“(7) Where an application for approval of the transfer of a title is made in accordance with this section, the Designated Authority shall, by notice in writing served on the person who made the application, inform the person of the decision of the Joint Authority and shall set out in the notice details of any security required to be lodged by the transferee or transferees.
“(8) Where—
(a) the Designated Authority has served a notice on a person under sub-section (7) stating that the Joint Authority will approve a transfer of a permit, lease, licence or pipeline licence subject to a security being lodged; and
(b) that security is lodged with the Designated Authority, the Joint Authority shall be deemed to have approved the transfer.
“(9) Where the Joint Authority approves the transfer of a title, the Designated Authority shall forthwith endorse on the instrument of transfer and on one copy of the instrument a memorandum of approval and shall, on payment of the fee provided by the Registration Fees Act, enter in the Register a memorandum of the transfer and the name of the transferee or of each transferee.
“(10) Upon the entry in the Register of a memorandum of the transfer of a title and of the name of the transferee or each transferee in accordance with sub-section (9)—
(a) the transfer shall be deemed to be registered; and
(b) the transferee becomes the registered holder, or the transferees become the registered holders, of the title.
“(11) Where the Joint Authority refuses to approve the transfer of a title, the Designated Authority shall make a notation of the refusal in the Register.
“(12) Where a transfer is registered—
(a) the copy of the instrument of transfer endorsed with the memorandum of approval shall be retained by the Designated Authority and made available for inspection in accordance with this Division; and
(b) the instrument of transfer endorsed with the memorandum of approval shall be returned to the person who lodged the application for approval of the transfer.
“(13) The mere execution of an instrument of transfer of a title creates no interest in the title.”.
(a) by omitting from sub-section (1) “permit, licence, pipeline licence or access authority” (first occurring) and substituting “particular title”;
(b) by omitting from sub-section (1) “permit, licence, pipeline licence or access authority” (last occurring) and substituting “title”;
(c) by omitting from sub-section (2) “permit, licence, pipeline licence or access authority” (wherever occurring) and substituting “title”; and
(d) by adding at the end the following sub-section:
“(3) Where a company that is the registered holder of a particular title has changed its name, it may apply in writing to the Designated Authority to have its new name substituted for its previous name in the Register in relation to that title and, if—
(a) the Designated Authority is satisfied that the company has so changed its name; and
(b) the company has paid a fee of $30,
the Designated Authority shall make the necessary alterations in the Register.”.
“81. (1) This section applies to a dealing that would, but for sub-section (2), have one or more of the following effects:
(a) the creation or assignment of an interest in an existing title;
(b) the creation or assignment of a right (conditional or otherwise) to the assignment of an interest in an existing title;
(c) the determining of the manner in which persons may exercise the rights conferred by, or comply with the obligations imposed by or the conditions of, an existing title (including the exercise of those rights or the compliance with those obligations or conditions under co-operative arrangements for the recovery of petroleum);
(d) the creation or assignment of—
(i) an interest in relation to an existing permit, lease or licence, being an interest known as an overriding royalty interest, a production payment, a net profits interest or a carried interest; or
(ii) any other interest that is similar to an interest referred to in sub-paragraph (i), being an interest relating to petroleum produced from operations authorized by an existing permit, lease or licence or relating to revenue derived as a result of the carrying out of operations of that kind;
(e) the creation or assignment of an option (conditional or otherwise) to enter into a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c) and (d);
(f) the creation or assignment of a right (conditional or otherwise) to enter into a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c) and (d);
(g) the alteration or termination of a dealing, being a dealing that has one or more of the effects referred to in paragraphs (a), (b), (c), (d), (e) and (f),
but this section does not apply to a transfer to which section 78 applies.
“(2) A dealing to which this section applies is of no force in so far as the dealing would, but for this sub-section, have an effect of a kind referred to in sub-section (1) in relation to a particular title until—
(a) the dealing, in so far as it relates to that title, has been approved by the Joint Authority; and
(b) an entry has been made in the Register in relation to the dealing by the Designated Authority in accordance with sub-section (12).
“(3) A party to a dealing to which this section applies may lodge with the Designated Authority—
(a) in a case where the dealing relates to only one title, an application in writing for approval by the Joint Authority of the dealing; or
(b) in any other case, a separate application in writing for approval by the Joint Authority of the dealing in relation to each title to which the dealing relates.
“(4) An application under sub-section (3) for approval of a dealing shall be accompanied by—
(a) the instrument evidencing the dealing or, if that instrument has already been lodged with the Designated Authority for the purposes of another application, a copy of that instrument;
(b) an instrument setting out such particulars (if any) as are prescribed for the purposes of an application for approval of a dealing of that kind; and
(c) 2 copies of the application and of the instruments referred to in paragraphs (a) and (b).
“(5) Subject to sub-section (6), the Joint Authority shall not approve a dealing unless the application for approval of the dealing is lodged with the Designated Authority within 3 months after the day on which the party who last executed the instrument evidencing the dealing so executed the instrument or such longer period as the Joint Authority, in special circumstances, allows.
“(6) Where a dealing relating to a title was, immediately before the title came into existence, a dealing referred to in sub-section 81a(1), the Joint Authority shall not approve the dealing unless—
(a) a provisional application for approval of the dealing was lodged in accordance with sub-section 81a(1); or
(b) an application for approval of the dealing is lodged with the Designated Authority in accordance with this section within 3 months after the day on which the title came into existence or such longer period as the Joint Authority, in special circumstances, allows.
“(7) Where a dealing to which this section applies forms a part of the issue of a series of debentures, all of the dealings constituting the issue of that series of debentures shall, for the purposes of this section, be taken to be one dealing.
“(8) Where a dealing to which this
section applies (including a dealing referred to in sub-section (7)) creates a
charge over some or all of the assets of a body corporate, the person lodging
the application for approval of the dealing shall be deemed to have complied
with paragraph (4) (a), and with paragraph (4) (c) in so far as that paragraph
requires 2 copies of the document referred to in paragraph (4) (a) to accompany
the application, if the person lodges with the application 3 copies of each
document required to be lodged with the National Companies and Securities
Commission relating to the creation of that charge pursuant to section 201 of
the
“(9) On receipt of an application made under this section, the Designated Authority shall enter a memorandum in the Register of the date on which the application was lodged and may make such other notation in the Register as the Designated Authority considers appropriate.
“(10) The Joint Authority may approve or refuse to approve a dealing to which this section applies in so far as the dealing relates to a particular title.
“(11) The Designated Authority shall, by notice in writing served on the person who made an application for approval of a dealing, inform the person of the decision of the Joint Authority.
“(12) If the Joint Authority approves a dealing, the Designated Authority shall endorse on the original instrument evidencing the dealing and on one copy of that instrument or, if the original instrument was not lodged with the application, on 2 of the copies of that instrument a memorandum of approval and, on payment of the fee provided by the Registration Fees Act, make an entry of the approval of the dealing in the Register on the memorial relating to, or on the copy of, the title in respect of which the approval is sought.
“(13) Where an entry is made in the register in relation to a dealing in accordance with sub-section (12)—
(a) one copy of an instrument evidencing the dealing endorsed with a memorandum of approval shall be retained by the Designated Authority and made available for inspection in accordance with this Division; and
(b) the original instrument, or a copy of the original instrument, as the case requires, endorsed with a memorandum of approval shall be returned to the person who made the application for approval.
“(14) Where the Joint Authority refuses to approve a dealing, the Designated Authority shall make a notation of the refusal in the Register.
“(15) In this section, ‘charge’ and
‘debenture’ have the same respective meanings as they have for the purposes of
section 201 of the
“81a. (1) Where 2 or more persons enter into a dealing relating to a title that may come into existence in the future and that dealing would, if the title came into existence, become a dealing to which section 81 applies, a person who is a party to the dealing may, during the prescribed period in relation to the title, lodge with the Designated Authority—
(a) in a case where the dealing relates to only one title that may come into existence in the future, a provisional application in writing for approval by the Joint Authority of the dealing; or
(b) in any other case, a separate provisional application in writing for approval by the Joint Authority of the dealing in relation to each title that may come into existence in the future and to which the dealing relates.
“(2) Sub-sections 81 (4), (7) and (8) apply to a provisional application lodged under sub-section (1) of this section as if that provisional application were an application lodged under sub-section 81 (3).
“(3) Where—
(a) the title to which a dealing referred to in sub-section (1) relates comes into existence; and
(b) upon that title coming into existence, the dealing becomes a dealing to which section 81 applies,
the provisional application lodged under sub-section (1) in relation to the dealing shall be treated as if it were an application lodged under sub-section 81 (3) on the day on which that title came into existence.
“(4) A reference in sub-section (1) to the prescribed period, in relation to a title, is a reference to the period—
(a) commencing—
(i) in the case of a permit, lease, licence or pipeline licence—on the day of service of an instrument informing the applicant for the permit, lease, licence or pipeline licence that the Joint Authority is prepared to grant the permit, lease, licence or pipeline licence; or
(ii) in the case of an access authority—on the day on which the application for the grant of the access authority is made; and
(b) ending on the day on which the title comes into existence.”.
(a) to which section 81 of the Principal Act as amended by this Act would, if the instrument had been executed after the commencement of this section, apply; and
(b) that relates to a permit, licence, pipeline licence or access authority that was in existence at the time of execution of the instrument,
make an application in writing, within 12 months after the commencement of this section, to the Designated Authority for approval by the Joint Authority of the dealing.
(a) before the commencement of this section, 2 or more persons entered into a dealing relating to a permit, licence, pipeline licence or access authority that was not in existence at the time of execution of the instrument evidencing the dealing;
(b) that dealing would, if the instrument evidencing the dealing had been executed after the commencement of this section, be a dealing referred
to in sub-section 81a (1) of the Principal Act as amended by this Act; and
(c) that permit, licence, pipeline licence or access authority has come, or comes, into existence,
a party to the dealing may make an application in writing within—
(d) in a case where that permit, licence, pipeline licence or access authority came into existence before the commencement of this section, 12 months after that commencement; or
(e) in any other case, 3 months after that permit, licence, pipeline licence or access authority comes into existence,
to the Designated Authority for approval by the Joint Authority of the dealing.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) A person who is a party to a transfer referred to in section 78, a dealing to which section 81 applies or a dealing referred to in sub-section 81a (1) shall not lodge with the Designated Authority—
(a) an instrument of transfer;
(b) an instrument evidencing the dealing; or
(c) an instrument of the kind referred to in paragraph 81 (4) (b),
that contains a statement relating to the consideration for the transfer or dealing, or to any other fact or circumstance affecting the amount of the fee payable in respect of the transfer or dealing under the Registration Fees Act, being a statement that is, to the knowledge of the person, false or misleading in a material particular.
Penalty: $10,000.”; and
(b) by omitting from sub-section (2) “Instrument” and substituting “dealing”.
(a) by omitting “such an instrument” and substituting “a transfer or dealing”; and
(b) by omitting “it” (wherever occurring) and substituting “the transfer or dealing”.
(a) by omitting from sub-section (1) “an instrument for approval” and substituting “an application for approval of a transfer or dealing or a provisional application for approval of a dealing”;
(b) by omitting from sub-section (1) “the instrument, or the transaction to which the instrument relates,” and substituting “the transfer or dealing”; and
(c) by inserting after sub-section (1) the following sub-sections:
“(1a)The Designated Authority may require a person who is a party to a dealing approved by the Joint Authority under section 81 to furnish to the Designated Authority a statement in writing setting out such information concerning alterations in the interests or rights existing in relation to the title to which the approved dealing relates as the Designated Authority considers necessary or advisable.
“(1b) The Designated Authority may require a person making an application under sub-section 79 (1) or (3) Or 87a (2) to furnish to the Designated Authority in writing such information concerning the matter to which the application relates as the Designated Authority considers necessary or advisable.
“(1c) A person shall not fail or refuse to comply with a requirement given to the person under sub-section (1), (1a) or (1b).”.
(a) by omitting from sub-section (1) “an instrument lodged with the Designated Authority for approval under this Division or to the transaction to which such an instrument relates” and substituting “a transfer or dealing in relation to which approval is sought under this Division”;
(b) by inserting after sub-section (1) the following sub-section:
“(1a) The Designated Authority may require any person to produce to the Designated Authority or to make available for inspection by the Designated Authority any documents in the possession or under the control of that person and relating to an application made to the Designated Authority under sub-section 79 (1) or (3) or 87a (2).”; and
(c) by omitting from sub-section (2) “sub-section (1)” and substituting “sub-section (1) or (1a)”.
(a) by omitting from sub-section (1) “Subject to sub-section (2), a” and substituting “A”;
(b) by omitting from sub-section (1) “registered, or subject to inspection,” and substituting “subject to inspection”; and
(c) by omitting sub-section (2).
“87a.(1) The Designated Authority may alter the Register for the purposes of correcting a clerical error or an obvious defect in the Register.
“(2) Subject to sub-section (3), the Designated Authority may, on application being made in writing to the Designated Authority by a person or of the Designated Authority’s own motion, make such entries in the Register as the Designated Authority considers appropriate for the purposes of ensuring that the Register accurately records the interests and rights existing in relation to a title.
“(3) Where the Designated Authority
proposes to make an entry in the Register in accordance with sub-section (2),
the Designated Authority shall cause to be published in the
(a) setting out the terms of the entry that the Designated Authority proposes to make in the Register; and
(b) inviting interested persons to give to the Designated Authority, by such day as is specified in the notice, being a day not earlier than 45 days after the publication of the notice, submissions in writing relating to the making of the entry.
“(4) Where submissions are, in accordance with a notice under sub-section (3), given to the Designated Authority in relation to the proposed making of an entry in the Register, the Designated Authority shall—
(a) take those submissions into account before making an entry in the Register; and
(b) after making an entry in the Register, cause to be published in the
Gazette a notice setting out the terms of the entry.”.
(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
“(1) The Designated Authority may, by instrument in writing served on the registered holder of a permit, lease, licence, pipeline licence, special prospecting authority or access authority, give to the registered holder a direction as to any matter with respect to which regulations may be made.
“(2) A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to—
(a) a specified class of persons, being a class constituted by or included in one or both of the following classes of persons:
(i) servants or agents of, or persons acting on behalf of, the registered holder;
(ii) persons performing work or services, whether directly or indirectly, for the registered holder; or
(b) any person (not being a person to whom the direction applies otherwise than in accordance with this paragraph) who 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 or 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 that kind,
and where a direction so expressed is given, the direction shall be deemed to apply to each person included in that specified class or to each person who is in the adjacent area as mentioned in paragraph (b), as the case may be.
“(2a) Where a direction under this section applies to a registered holder and to a person referred to in paragraph (2) (a), the registered holder shall cause a copy of the instrument by which the direction was given to be given to that other person or to be exhibited at a prominent position at a place in an adjacent area frequented by that other person.
Penalty: $5,000.
“(2b) Where a direction under this section applies to a registered holder and to a person referred to in paragraph (2) (b), the registered holder shall cause a copy of the instrument by which the direction was given to be exhibited at a prominent position at a place in an adjacent area.
Penalty: $5,000.
“(2c) Where a direction under this section applies to a registered holder and to a person referred to in paragraph (2) (b), the Designated Authority may, by notice in writing given to the registered holder, require the registered holder to cause to be displayed at such places in an adjacent area, and in such manner, as are specified in the notice, copies of the instrument by which the direction was given, and the registered holder shall comply with that requirement.
Penalty: $5,000.”;
(b) by omitting sub-section (6) and substituting the following sub-section:
“(6) Sub-sections 157 (2a) and (2b) apply in relation to directions made under this section in like manner as those sub-sections apply to the regulations.”; and
(c) by adding at the end the following sub-section:
“(8) Where—
(a) a direction given under this section applies to a registered holder and another person and that other person is prosecuted for an offence against sub-section (7) in relation to the direction; and
(b) the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction,
the person shall not be convicted of the offence unless the prosecutor proves that the person knew, or could reasonably be expected to have known, of the existence of the direction.”.
(a) by omitting from sub-sections (1) and (3) “given to him” and substituting “given or applicable to the person”;
(b) by inserting in sub-section (2) “or was applicable” after “was given”; and
(c) by inserting after sub-section (2) the following sub-section:
“(2a) Where—
(a) a direction given under section 101 applies to a permittee, lessee, licensee, pipeline licensee or the holder of a special prospecting authority or access authority and another person and an action under sub-section (2) relating to the direction is brought against that other person; and
(b) the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction,
the person is not liable under sub-section (2) unless the plaintiff proves that the person knew, or could reasonably be expected to have known, of the existence of the direction.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) A person may make an application to the Designated Authority for the grant of a special prospecting authority in respect of a block or blocks in respect of which a permit, lease or licence is not in force.”; and
(b) by inserting after sub-section (6) the following sub-sections:
“(6a) A special prospecting authority is not capable of being transferred.
“(6b) Where—
(a) a person holds a special prospecting authority in respect of a block; and
(b) another special prospecting authority is granted to another person in respect of the block,
the Designated Authority shall, by notice in writing served on each of those persons, inform each of them of—
(c) the petroleum exploration operations authorized by the special prospecting authority granted to the other person; and
(d) the conditions to which the special prospecting authority granted to the other person is subject.”.
(a) by inserting after sub-section (1) the following sub-section:
“(1a) A holder of a State title may make an application to the Designated Authority for the grant of an access authority to enable the holder to carry on, in a part of the adjacent area, petroleum exploration operations or operations related to the recovery of petroleum in or from the area to which that State title relates.”;
(b) by omitting from paragraph (3) (a) “or licensee” and substituting “, licensee or holder of a State title”; and
(c) by adding at the end the following sub-section:
“(13) In this section, ‘State title’ means an authority, however described, under a law of a State or of the Northern Territory, to explore for, or to recover, petroleum.”.
(a) by omitting paragraph (1) (a) and substituting the following paragraph:
“(a) any information contained in a document to which this section applies that has been furnished to the Designated Authority; and”;
(b) by omitting from sub-section (1a) all the words after “sub-section (i)”;
(c) by omitting sub-section (2) and substituting the following sub-sections:
“(1b) The Designated Authority or the Commonwealth Minister may, at any time after the grant or renewal, or refusal to grant or renew, a permit, lease, licence, pipeline licence, access authority or special prospecting authority—
(a) make publicly known; or
(b) on request by a person and, if the Designated Authority or the Commonwealth Minister so requires, on payment of a fee of $15 per day, make available to that person,
any information contained in, or accompanying, the application for the grant or renewal, as the case may be, but not including—
(c) information of a kind referred to in sub-section (2) or (5a); or
(d) particulars of—
(i) the technical qualifications of the applicant and of the employees of the applicant;
(ii) the technical advice available to the applicant; or
(iii) the financial resources available to the applicant.
“(2) The Designated Authority or the Commonwealth Minister may, at any time after the relevant day—
(a) make publicly known; or
(b) on request by a person and, if the Designated Authority or the Commonwealth Minister so requires, on payment of a fee of $15 per day, make available to that person,
any information contained in a document to which this section applies that has been furnished to the Designated Authority or has been made available to the Commonwealth Minister under sub-section (1) or (1a), being information that relates to the sea-bed or subsoil, or to petroleum, in a block, but not including any matter contained in a document to which this section applies that, in the opinion of the Designated Authority or the Commonwealth Minister, is a conclusion drawn, in whole or in part, from, or an opinion based, in whole or in part, on, any such information.”;
(d) by omitting from sub-section (3) “or a Minister” and substituting “or the Commonwealth Minister”;
(e) by omitting from sub-section (3) “that Minister” (wherever occurring) and substituting “the Commonwealth Minister”;
(f) by inserting in sub-section (3) “or (1a) “after “under sub-section (1)”;
(g) by omitting sub-section (4) and substituting the following sub-section:
“(4) For the purposes of sub-sections (2) and (3) —
(a) where—
(i) a permit or lease is in force in respect of the block; and
(ii) the document, core, cutting or sample was furnished to the Designated Authority during the period during which any of the following were in force in respect of the block:
(a) the permit or lease;
(b) in a case where a lease is in force in respect of the block—the permit that ceased to be in force in respect of the block by virtue of sub-section 38b (7) on the day on which the lease came into force,
the relevant day is the day on which the period of 2 years that commenced on the day on which the document, core, cutting or sample was furnished to the Designated Authority expires;
(b) where—
(i) a licence is in force in respect of the block; and
(ii) the document, core, cutting or sample was furnished to the Designated Authority during the period during which any of the following were in force in respect of the block:
(a) the licence;
(b) the permit or lease that ceased to be in force in respect of the block by virtue of sub-section 44 (5) on the day on which the licence came into force,
the relevant day is the day on which the period of 12 months that commenced on the day on which the document, core, cutting or sample was furnished to the Designated Authority expires;
(c) where the document, core, cutting or sample was furnished to the Designated Authority during a period during which a permit, lease or licence was in force in respect of the block and—
(i) the permit, lease or licence is surrendered, cancelled or determined as to the block; or
(ii) the permit, lease or licence expires but is not renewed in respect of the block,
the relevant day is the day on which the permit, lease or licence is so surrendered, cancelled or determined or expires, as the case may be, whether another permit, lease or licence is subsequently in force in respect of the block or not; and
(d) where the document, core, cutting or sample was furnished to the Designated Authority during a period during which a permit, lease or licence was not in force in respect of the block, the relevant day is such day as the Designated Authority determines, being a day earlier than the day on which the period of 2 years that commenced on the day on which the document, core, cutting or sample was furnished to the Designated Authority expires.”;
(h) by omitting from paragraph (5) (a) “report, return, other”;
(j) by omitting from sub-paragraph (5) (b) (i) “report, return or other”;
(k) by omitting from sub-section (5) “or a Minister” and substituting “or the Commonwealth Minister”;
(m) by inserting in sub-section (5) “or (1a)” after “under sub-section (1)”;
(n) by omitting from sub-section (5) “that Minister” (wherever occurring) and substituting “the Commonwealth Minister”;
(p) by inserting after sub-section (5) the following sub-sections:
“(5a) Subject to sub-section (5l), the Designated Authority or the Commonwealth Minister may, at any time after the end of the period of 5 years after a document to which this section applies was furnished to the Designated Authority—
(a) make publicly known; or
(b) on request by a person and, if the Designated Authority or the Commonwealth Minister so requires, on payment of a fee of $15 per day, make available to that person,
any information contained in the document, being information that relates to the sea-bed or subsoil, or to petroleum, in a block, and that, in the opinion of the Designated Authority or the Commonwealth Minister, is a conclusion drawn, in whole or in part, from, or an opinion based, in whole or in part, on any information contained in a document to which this section applies that has been furnished to the Designated Authority or has been made available to the Commonwealth Minister under sub-section (1) or (1a).
“(5b) Before the Designated Authority or the Commonwealth Minister makes available or publicly known any information pursuant to sub-section (5a), the Designated Authority or the Commonwealth Minister, as the case may be, shall—
(a) cause to be published in the
Gazette a notice—(i) stating that the Designated Authority or the Commonwealth Minister, as the case may be, proposes to make the information available or publicly known;
(ii) inviting interested persons to give to the Designated Authority or the Commonwealth Minister, as the case may be, by such day as is specified in the notice, being a day not earlier than 45 days after the publication of the notice, a notice objecting to the whole or any part of the information being made available or publicly known; and
(iii) stating that, if a person does not make an objection in accordance with the invitation, the person will be taken to have consented to the information being made available or publicly known; and
(b) if it is practicable to do so—cause a copy of the notice so published in the
Gazette to be served on the person who furnished the document containing the information.“(5c) There shall be set out in the notice of objection the reasons for making the objection.
“(5d) A person is not entitled to make an objection to information being made available or publicly known except on the grounds that to do so would disclose—
(a) a trade secret; or
(b) any other information the disclosure of which would, or could reasonably be expected to, adversely affect the person in respect of the lawful business, commercial or financial affairs of the person.
“(5e) Where a person makes an objection to the Designated Authority or the Commonwealth Minister in accordance with such an invitation, the Designated Authority or the Commonwealth Minister shall, within 45 days after the receipt of the notice of objection, consider the objection, and may either disallow it, or allow it in whole or in part, and shall cause to be served on the person written notice of the decision on the objection.
“(5f) A notice of a decision of the Designated Authority in respect of the adjacent area in respect of a State or the Northern Territory on an objection shall include a statement to the effect that if the relevant person is dissatisfied with the decision of the Designated Authority on the objection, the person may, in accordance with the provisions of sub-section (5g), request the Commonwealth Minister to review the decision.
“(5g) A person who has made an objection to the Designated Authority in respect of the adjacent area in respect of a State or the Northern Territory and who is dissatisfied with the decision on the objection may, by notice in writing given to the Commonwealth Minister not later than 28 days after the service of the notice of the decision referred to in sub-section (5e), request the Commonwealth Minister to review the decision.
“(5h) There shall be set out in the notice of request the reasons for making the request.
“(5j) The Commonwealth Minister shall, within 45 days after the receipt of the request, review the decision and may make a decision—
(a) in substitution for the first-mentioned decision, whether in the same terms as the first-mentioned decision or not; or
(b) revoking the first-mentioned decision.
“(5k) Where, as a result of a review under sub-section (5j), the Commonwealth Minister makes a decision in substitution for or revoking a decision, the Commonwealth Minister shall, by notice in writing served on the person who made the request under sub-section (5g) for the review, inform the person of the result of the review and give reasons for the first-mentioned decision.
“(5l) The Designated Authority or the Commonwealth Minister shall not make available or make publicly known any information pursuant to sub-section (5a) if there is in force an objection made in relation to the information being made available or publicly known but, where such an objection is in force, nothing in this section shall be taken to preclude a further invitation under sub-section (5b) being made in relation to the information.”;
(q) by inserting in sub-section (6) “or (1a)” after “under sub-section (1)”;
(r) by omitting from paragraph (6) (a) “report, return or other document referred to in any of those provisions” and substituting “document to which this section applies”; and
(s) by inserting after sub-section (6) the following sub-section:
“(6a) This section applies to the following documents:
(a) an application made to the Designated Authority under this Act or a document accompanying such an application;
(b) a report, return or other document relating to a block that has been furnished to the Designated Authority under this Act.”.
“118a. The Designated Authority shall, as and when required by the Commonwealth Minister, make available to the Commonwealth Minister copies of any document received or issued by, the Designated Authority in connection with this Act.”.
“130. (1) In this section—
‘financial year to which this section applies’ means a financial year referred to in column 1 of the table in sub-section (8);
‘GDP deflator’, in relation to a financial year to which this section applies, means the Implicit Price Deflator for Expenditure on Gross Domestic Product first published by the Australian Statistician in respect of that financial year;
‘yearly amount’, in relation to a financial year to which this section applies, means the amount referred to in column 2 of the table in sub-section (8) opposite to the reference in that table to that financial year.
“(2) If the Australian Statistician changes the reference base for the GDP deflator, then, for the purposes of calculating the amount applicable under paragraph (3) (b) after the change took place, regard shall be had only to the GDP deflator in terms of the new reference base.
“(3) The Commonwealth shall pay to Western Australia in respect of each financial year to which this section applies—
(a) the amount obtained by deducting from the amount of royalty payable under the Royalty Act (including amounts payable under that Act by reason of late payment of royalty) in respect of petroleum recovered under the licences known as WA1-L, WA2-L, WA3-L, WA4-L, WA5-L and WA6-L and received by the Commonwealth during that financial year any amounts paid to Western Australia under paragraph 129 (1) (b) during that financial year in respect of those licences; or
(b) the amount—
(i) in the case of the financial year commencing on 1 July 1985—calculated by multiplying the yearly amount for that financial year by the number ascertained by dividing the GDP deflator for the financial year commencing on 1 July 1985 by the GDP deflator for the financial year commencing on 1 July 1984; or
(ii) in the case of any other financial year to which this section applies (in this sub-paragraph referred to as the ‘current financial year’)—calculated by multiplying the yearly amount for the current financial year by the number ascertained in
accordance with the formula , where—
A is the number by which the yearly amount for the preceding financial year was multiplied for the purposes of calculating the amount applicable under this paragraph in respect of that preceding financial year;
B is the GDP deflator for the current financial year; and
C is the GDP deflator for the financial year preceding the current financial year,
whichever is the lesser amount.
“(4) The Minister may make advances to Western Australia on account of amounts that will become payable to Western Australia under sub-section (3) in respect of a financial year to which this section applies.
“(5) Where the sum of the amounts of advances made to Western Australia in a financial year to which this section applies is greater than the amount that the Commonwealth is liable to pay to Western Australia under sub-section (3) in respect of that financial year, the difference between those amounts may be set off against the amount payable to Western Australia under sub-section (3) in respect of the succeeding financial year.
“(6) Where the amount payable to Western Australia under sub-section (3) in respect of a financial year to which this section applies is the amount applicable under paragraph (3) (a), the Minister may, on behalf of the Commonwealth, pay to Western Australia before 31 December 2005 an amount not exceeding, or amounts the sum of which does not exceed, the amount of the difference between that first-mentioned amount and the amount applicable under paragraph (3) (b) in respect of that financial year, and, where the Minister pays such an amount to Western Australia, the Minister shall also pay to Western Australia an amount calculated at the rate of 7% per annum of the amount so paid in respect of the period commencing at the end of that financial year and ending on the day on which the payment is made.
“(7) Where the sum of the amounts of advances made to Western Australia in relation to the financial year commencing on 1 July 2004 is greater than the amount that the Commonwealth is liable to pay to Western Australia under sub-section (3) in respect of that financial year, Western Australia shall refund the amount of the difference to the Commonwealth.
“(8) The financial years in respect of which payments are to be made under sub-section (3), and the amounts applicable to those financial years, are as follows:
Financial Year | Amount |
$ | |
1985-1986................................................................................................ | 700,000 |
1986-1987................................................................................................ | 800,000 |
1987-1988................................................................................................ | 800,000 |
1988-1989................................................................................................ | 800,000 |
1989-1990................................................................................................ | 900,000 |
1990-1991................................................................................................ | 900,000 |
1991-1992................................................................................................ | 3,700,000 |
1992-1993................................................................................................ | 6,100,000 |
1993-1994................................................................................................ | 6,300,000 |
1994-1995................................................................................................ | 6,700,000 |
1995-1996................................................................................................ | 7,700,000 |
1996-1997................................................................................................ | 7,400,000 |
Financial Year | Amount |
$ | |
1997-1998................................................................................................... | 7,600,000 |
1998-1999................................................................................................... | 7,700,000 |
1999-2000................................................................................................... | 7,800,000 |
2000-2001................................................................................................... | 8,500,000 |
2001-2002................................................................................................... | 9,400,000 |
2002-2003................................................................................................... | 10,500,000 |
2003-2004................................................................................................... | 10,400,000 |
2004-2005................................................................................................... | 12,400,000 |
“(9) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of this section.”.
“138a. (1) Where there are 2 or more registered holders of a title or special prospecting authority, those registered holders may, by notice in writing signed by each of them and served on the Designated Authority, nominate one of the registered holders as being the person on whom documents relating to the title or special prospecting authority that are required or permitted by this Act to be served may be served.
“(2) Subject to sub-sections (3) and (4), where—
(a) a document relating to a title or special prospecting authority is required or permitted by this Act to be served on the registered holder;
(b) there are 2 or more registered holders of the title or special prospecting authority; and
(c) the document is served on a person in respect of whom a nomination under sub-section (1) is in force in relation to the title or special prospecting authority,
the document shall be deemed to have been served on each of those registered holders.
“(3) Where—
(a) a person has been nominated under sub-section (1) in relation to a title or special prospecting authority; and
(b) one of the registered holders of the title or special prospecting authority, by notice in writing served on the Designated Authority, revokes that nomination,
that nomination ceases to be in force.
“(4) Where—
(a) a person has been nominated under sub-section (1) in relation to a title or special prospecting authority; and
(b) the person so nominated ceases to be one of the registered holders of the title or special prospecting authority,
that nomination ceases to be in force.
“(5) In this section, ‘title’ means a permit, lease, licence, pipeline licence or access authority.”.
“152. (1) In this section—
‘decision’ has the same meaning as in the
Administrative Appeals Tribunal Act 1975; ‘relevant decision’ means a decision of a delegate of the Minister under this Act, being a decision made in the performance of the functions or the exercise of the powers of the Designated Authority in respect of the adjacent area in respect of a Territory referred to in section 7 (including the functions and powers conferred by virtue of sub-section 8g (1));
‘reviewable decision’ means—
(a) a decision of the Minister (not being a decision of a delegate of the Minister) under this Act, being a decision made in the performance of the functions or the exercise of the powers of the Designated Authority in respect of the adjacent area in respect of a Territory referred to in section 7 (including the functions and powers conferred by virtue of sub-section 8g (1));or
(b) a decision of the Minister under sub-section 118 (1b), (2), (3), (5), (5e) or (5j) or under sub-section (2) or (5) of this section.
“(2) A person affected by a relevant decision who is dissatisfied with the decision may, within 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Minister (either before or after the end of that period), by notice in writing served on the person, allows, by notice in writing given to the Minister, request the Minister to reconsider the decision.
“(3) There shall be set out in the notice of request the reasons for making the request.
“(4) Where the Minister receives a request, the Minister shall, by notice in writing served on the person who made the request, acknowledge receipt of the request.
“(5) The Minister shall, within 45 days after the receipt of the request, reconsider the relevant decision and may make a decision—
(a) in substitution for the relevant decision, whether in the same terms as the relevant decision or not; or
(b) revoking the relevant decision.
“(6) Where, as a result of a reconsideration under sub-section (5), the Minister makes a decision in substitution for or revoking a relevant decision, the Minister shall, by notice in writing served on the person who made the request under sub-section (2) for the reconsideration, inform the person of the result of the reconsideration and give reasons for the decision.
“(7) Applications may be made to the Administrative Appeals Tribunal for review of a reviewable decision.
“(8) Where a relevant decision is made and the person who made the relevant decision gives to a person whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that a person affected by the decision—
(a) may, if the person is dissatisfied with the decision, seek a reconsideration of the decision by the Minister in accordance with sub-section (2); and
(b) may, subject to the
Administrative Appeals Tribunal Act 1975, if the person is dissatisfied with a decision of the Minister upon that reconsideration, make application to the Administrative Appeals Tribunal for review of that decision.
“(9) Where the Minister makes a
reviewable decision and gives to a person whose interests are affected by the
decision notice in writing of the making of the decision, that notice shall
include a statement to the effect that, subject to the
“(10) Any failure to comply with the requirements of sub-section (8) or (9) in relation to a decision does not affect the validity of the decision.”.
“(2a) The regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a code of practice or standard contained in an instrument (including an instrument issued or made outside Australia), as in force or existing at the time when the regulations take effect or as in force or existing from time to time, being a code of practice or standard that is relevant to that matter.
“(2b) Regulations under this section may prohibit the doing of an act or thing either unconditionally or subject to conditions, including conditions requiring the grant, as prescribed by the regulations, of the consent or approval of a person specified in the regulations.”.
“Sub-section 37 (2)
“Paragraph 39a(5) (b)”.
CONSEQUENTIAL AMENDMENTS
Omit the paragraph, substitute the following paragraph:
“(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;”.
(a) Insert “, lease” after “permit” (first occurring).
(b) Insert “lease,” after “permit,”.
Insert “lease,” after “permit,”.
Omit the paragraph, substitute the following paragraphs:
“(a) a lease is surrendered, cancelled or determined as to a block or blocks;
(aa) a licence is surrendered or cancelled as to a block or blocks; or”.
Insert “38b (7) or” before “44 (5)”.
(a) Insert “or lessee” after “permittee”.
(b) Insert “or lessee’s” after “permittee’s”.
Insert “or lease” after “permit”.
(a) Insert “or lessee” after “permittee”.
(b) Insert “or lease” after “permit”.
Insert “or lease” after “permit”.
Insert “lease or” before “licence” (wherever occurring).
Insert “or lease” after “permit”.
(a) Omit “permit or”, substitute “permit, lease or”.
(b) Insert “, lease area” after “permit area”.
Insert “or lease” after “permit”.
Insert “lease,” after “permit,”.
(a) Insert “, lease” after “permit” (first occurring).
(b) Insert “, lease area” after “permit area”.
Insert “or lease” after “permit”.
Insert “lease,” after “permit,”.
(a) Insert “, lease” after “permit” (first occurring).
(b) Insert “, lease area” after “permit area”.
(a) Insert “lease,” after “permit,” (wherever occurring).
(b) Insert “lessee,” after “permittee,”.
(a) Insert “lessee,” after “permittee,”.
(b) Insert “lease,” after “permit,” (wherever occurring).
(a) Insert “, lessee” after “permittee”.
(b) Insert “, lease area” after “permit area” (wherever occurring).
(a) Insert “, lessee” after “permittee”.
(b) Insert “, lease area” after “permit area” (wherever occurring).
(c) Omit “permit or”, substitute “permit, lease or”.
Insert “lease,” after “permit,” (wherever occurring).
Insert “lessee,” after “permittee,”.
(a) Insert “, lessee” after “permittee”.
(b) Insert “, lease area” after “permit area”.
(a) Insert “, lessee” after “permittee”.
(b) Insert “, lease area” after “permit area”.
insert “, lessee” after “permittee” (wherever occurring).
(a) Insert “lease,” after “permit,” (wherever occurring).
(b) Omit “permit or licence” (wherever occurring), substitute “permit, lease licence”.
(c) Omit “permittee or licensee”, substitute “permittee, lessee or licensee”.
(d) Insert “lessee,” after “permittee,” (wherever occurring).
Insert “, lease” after “permit” (wherever occurring).
Insert “lease,” after “permit,”.
(a) Insert “or lessee” after “permittee” (wherever occurring).
(b) Insert “or lease” after “permit” (wherever occurring).
(a) Insert “or lessee” after “permittee”.
(b) Insert “or lease” after “permit”.
Insert “or lessee” after “permittee”.
(a) Insert “or lease” after “permit” (wherever occurring).
(b) Insert “or lessee” after “permittee”.
Insert “lease,” after “permit,”.
Omit “or” (last occurring).
Insert the following paragraph:
“(aa) in the case of a lease—as to all of the blocks in respect of which it is in force; or”.
insert “lease,” after “permit,”.
Insert “, lease” after “permit” (wherever occurring).
(a) Insert “lessee,” after “permittee,” (wherever occurring).
(b) Insert “lease,” after “permit,”.
Omit “or” (last occurring).
Insert the following paragraph:
“(ea) in the case of a lease—cancel the lease as to all of the blocks in respect of which it is in force; or”.
Insert “, or cancel a lease as to all of the blocks in respect of which it is in force,” after “in force”.
(a) Insert “lessee,” after “permittee,”.
(b) Insert “lease,” after “permit,”.
Insert “lessee,” after “permittee,”.
Insert “lessee,” after “permittee,” (wherever occurring).
(a) Insert “, and a lease may be wholly cancelled,” after “partly cancelled”.
(b) Insert “lease,” after “permit,” (last occurring).
(a) Insert “lease,” after “permit,” (first occurring).
(b) Insert “lease,” after “permit,” (last occurring).
(a) Insert “, and a lease may be wholly cancelled,” after “partly cancelled”.
(b) Insert “lease,” after “permit,” (last occurring).
(a) Insert “lease,” after “permit,” (first occurring).
(b) Insert “lease,” after “permit,” (last occurring).
(a) Insert “or a lease has been wholly determined, partly determined or wholly cancelled or has expired,” after “expired,”.
(b) Insert “lessee,” after “permittee,”.
Insert “lease,” after “permit,”.
(a) Insert “lessee,” after “permittee,”.
(b) Insert “lease area,” after “permit area,”.
(c) Insert “lease,” after “permit,”.
Insert “lease,” after “permit,”.
Insert “, or a lease has been wholly determined, partly determined or wholly cancelled or has expired,” after “expired”.
Insert “lease,” after “permit,”.
(a) Insert “, lessee” after “permittee”.
(b) Insert “, lease area” after “permit area” (wherever occurring).
Insert “, lessee” after “permittee”.
Insert “, lease” after “permit” (wherever occurring).
Insert “, lease area” after “permit area”.
Insert “, lease” after “permit” (wherever occurring).
Insert “lessee,” after “permittee,”.
Insert “or 2a” after “Division 2”.
Insert “, lease” after “permit” (wherever occurring).
(a) Insert “lessee,” after “permittee,”.
(b) Insert “lease,” after “permit,” (wherever occurring).
Omit “or in a licence area, the permittee”, substitute “, a lease area or a licence area, the permittee, lessee”.
Insert “, lessee” after “permittee” (wherever occurring).
Insert “lease,” after “permit,”.
Insert “lease,” after “permit,”.
(a) Insert “, lessee” after “permittee” (wherever occurring).
(b) Insert “, lease area” after “permit area”.
(a) Insert “, lessee” after “permittee” (wherever occurring).
(b) Insert “, lease” after “permit”.
Insert “lease,” after “permit,”.
Insert “lease,” after “permit,” (wherever occurring).
(a) Insert “lease,” after “permit,”.
(b) Insert “, lease” after “permit” (last occurring).
Insert “, lease” after “permit” (wherever occurring).
Insert “, lessee” after “permittee”.
Insert “, lease” after “permit”.
Insert “, lease area” after “permit area” (wherever occurring).
Insert “leases,” after “permits,”.
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 Nos. 22 and 166, 1984.
2. On the commencement of section 38 of the
Petroleum (Submerged Lands )Amendment Act 1985, the heading to section 103a of thePetroleum (Submerged Lands )Act 1967 is altered to “Suspension of rights conferred by permit or lease”.
[
House of Representatives on 23 April 1985
Senate on 20 May 1985
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