Petroleum (Submerged Lands) (Amendment) Act 2001 (Vic)

No judgment structure available for this case.

Petroleum (Submerged Lands) (Amendment) Act

2001

Act No. 91/2001

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1
2. Commencement 2
3. Principal Act 2

PART 2—INFRASTRUCTURE LICENCES 3

4. Definitions 3
5. New section 4A inserted 4

4A. Infrastructure facilities 4

6. New Division 3A inserted in Part III 5
Division 3A—Infrastructure Licences 5

59A. Construction etc. of infrastructure facilities 5
59B. Application for infrastructure licence 6
59C. Notification as to grant of an infrastructure licence 7
59D. Notices to be given by Minister 7
59E. Grant of infrastructure licence 9
59F. Rights conferred by infrastructure licence 10
59G. Term of infrastructure licence 10
59H. Termination of infrastructure licence if no operations for
5 years 11
59J. Conditions of infrastructure licence 12
59K. Variation of infrastructure licence 12

7. Consequential amendments 14
8. New section 106 substituted 18
106. Cancellation of permit etc. not affected by other

provisions 18

9. Further consequential amendments 20
10. New section 108 substituted 22

108. Removal of property etc. by Minister 22

11. Further consequential amendments 23
12. New section 140A inserted 24

i

Section Page

140A. Infrastructure licence fees 24

13. Time of payment of fees 24
14. Further consequential amendments 24

PART 3—OTHER AMENDMENTS 26

15. Amendment of preamble 26
16. New section 2 substituted 26

2. Transitional provisions 26

17. Definitions and interpretation 26
18. New section 6A inserted 28

6A. Act to apply subject to international obligations 28

19. Discontinuance of Australian Geodetic Datum 28
20. Gender-neutral amendments 28
21. Graticulation of Earth's surface 29
22. Exploration for petroleum 29
23. New section 21A inserted 30

21A. Where 2 or more applications are made in respect of

the same block or blocks 30

24. Grant or refusal of permit 31
25. New sections 22AA, 22AB and 22AC inserted 31
22AA. Withdrawal by a joint applicant 31
22AB. Withdrawal of application 32
22AC. Effect of withdrawal or lapse of application 32
26. Permits in respect of surrendered etc. blocks 33
27. Term of permit 35
28. Renewal of permit 36
29. Discovery of petroleum 37
30. Declaration of location 38
31. Application for lease or renewal of lease 38
32. New sections 38BB, 38BC and 38BD inserted 39
38BB. Application by licensee for lease 39
38BC. Grant or refusal of lease in relation to application by

licensee 41

38BD. Application of sections 38BB and 38BC where licence

is transferred 43

33. Application for renewal of lease 43
34. Discovery of petroleum 44
35. Recovery of petroleum without a licence 44
36. Application for licence 44
37. New section 43 substituted 45

43. Notification as to grant of licence 45

38. Grant of licence and variation of licence area 46
39. Licences in respect of surrendered etc. blocks 47
40. New section 53 substituted and 53A inserted 50

53. Term of licence 50
53A. Termination of licence if no operations for 5 years 50

ii

Section Page

41. Renewal of licences 51
42. Directions for recovery of petroleum and unit development 51
43. Pipeline licences 52
44. Term of pipeline licences 57
45. New section 67A inserted 57

67A. Termination of pipeline licence if no operations for

5 years 57
46. Renewal, conditions and variation of pipeline licences and

ceasing to operate pipeline 58
47.

Registration of instruments 59
48.

Exemption from duty 61
49.

Notice of grants to be published 61
50.

Failing to commence works and work practices 61
51.

Drilling near boundaries 63
52.

Directions and exemptions 63
53.

New section 103A inserted 64

103A. Suspension of rights conferred by permit or lease 64
54.

Surrender, cancellation of permits etc. 65
55.

Removal of property by permittee 67
56.

Repeal of instalment payment facility for cash bidding 68
57. Special prospecting authority, access authority and sale of

property 68
58.

Requirement to furnish information 70
59.

Release of information 71
60.

Safety zones 71
61. Discovery and use of water, survey of wells etc., and record

keeping 72
62.

Interference with other rights 72
63.

New section 124A inserted 72

124A. Interfering with offshore petroleum installation or

operations 72

64. Inspectors 73
65. Enforcement, offences, forfeiture and service 74
66. Areas to be avoided and safety zones 74
67. New Parts IIIA and IIIB inserted 75
PART IIIA—RELEASE OF INFORMATION 75
Division 1—Preliminary 75
151H. Definitions 75

151I. Application of Part 81

Division 2—Disclosure of Information 81

iii

Section Page

151J.

Ministers not to disclose documentary information or petroleum mining samples except in accordance with this Part or for administrative purposes

82
151K. Making by Minister of documentary information or
petroleum mining samples available to other Ministers 82
151L. Disclosure by Minister of information (other than
excluded information) or petroleum mining samples 83

151M. Relevant day after which information or petroleum mining sample may be disclosed

84

151N.

Disclosure by Minister of documentary information or petroleum mining sample where prior publication made by holder of petroleum mining instrument

88
151O. Disclosure by Minister of non-confidential derivative
information 90
Division 3—Procedures to be Followed in respect of

Contested Information 91

151P. Making and determination of objections to disclosure 91
151Q. Review of decisions on objections 92

PART IIIB—DATUMS 96
151R. Objects 96

151S. Australian Geodetic Datum 96
151T. Current datum, previous datum and changeover time 97
151U. Use of current datum 97
151V. Use of previous datum 98

151W. Variation of titles etc. 99

151X. Variation of applications for titles 101
151Y. No change to actual position of point, line or area 101
151Z. Transitional regulations 101

151ZA. Definitions 101

68. Regulations 102
69. New First Schedule substituted 102
70. Outdated Convention removed from Principal Act 103
71. Correction of reference to latitude 103

═══════════════

ENDNOTES 105

iv

Victoria

No. 91 of 2001

Petroleum (Submerged Lands)

(Amendment) Act 2001†

[Assented to 11 December 2001]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose
The main purpose of this Act is to amend the Petroleum (Submerged Lands) Act 1982—
(a) to provide for infrastructure licences; and

(b)

to make other amendments as a consequence of various amendments to Commonwealth law.

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 2

2. Commencement
(1) This Part and Part 3 come into operation on the day after the day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), Part 2 comes into
operation on a day or days to be proclaimed.
(3) If a provision of Part 2 does not come into

operation before 1 January 2003, it comes into
operation on that day.

3. Principal Act

See:

In this Act, the Petroleum (Submerged Lands) Act No.
Act 1982 is called the Principal Act. 9772/1982.
Reprint No. 3
as at
15 October

1998 and
amending
Act Nos
74/2000 and
44/2001.
LawToday:

dpc.vic.
gov.au

_______________
Petroleum (Submerged Lands) (Amendment) Act 2001

s. 4	Act No. 91/2001

PART 2—INFRASTRUCTURE LICENCES

4. Definitions

(1) In section 4(1) of the Principal Act—

(a)

insert the following definitions— ' "facility" includes a structure or
installation of any kind;

"good processing and transport practices"

means all those things that are
generally accepted as good and safe in
the processing and storage of petroleum
and the preparation of petroleum for
transport;

"infrastructure facilities" has the meaning given by section 4A;
"infrastructure licence" means an infrastructure licence under Part III;
"infrastructure licence area", in relation to

an infrastructure licence, means the
place in respect of which the
infrastructure licence is in force;

"infrastructure licensee" means the

registered holder of an infrastructure
licence;

"operation" means an activity to which Part III applies;';

(b)

in the definition of "registered holder", after "lease, licence" (where twice occurring), insert ", infrastructure licence";

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 5

(c)
in the definition of "the relinquished area", "(cb) in relation to an infrastructure licence
that has been surrendered, cancelled or terminated—the place that constituted the infrastructure licence area;".

(2) In section 4 of the Principal Act—

(a) in sub-section (4), after "lease, licence" (where first and secondly occurring), insert ", infrastructure licence",
(b)
in sub-sections (5) and (10), after "lease, ", infrastructure licence".

5. New section 4A inserted
After section 4 of the Principal Act insert—
'4A. Infrastructure facilities
(1) In this Act—
"infrastructure facilities" means facilities

for engaging in any of the activities
mentioned in sub-section (2), being—

(a) facilities that are resting on the seabed; or
(b)
facilities (including facilities that connected to the seabed; or

(c)
facilities that are attached or paragraph (a) or (b).
(2) The activities referred to in sub-section (1) are the following—

(a)

remote control of facilities used for the recovery of petroleum in a licence area;

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 6	Act No. 91/2001

(b)

processing petroleum recovered in any place, including—

(i) converting petroleum into another
form by physical or chemical
means or both (for example,
converting it into liquefied natural
gas or methanol); and
(ii) partial processing of petroleum (for example, by the removal of water);

(c) storing petroleum before it is transported to another place;
(d)
operations such as pumping or
preparing petroleum (for example, by place;

(e) activities related to any of the above—
but, except as mentioned in paragraph (a), do
not include engaging in the exploration for,
or recovery of, petroleum.'.

6. New Division 3A inserted in Part III
After Division 3 of Part III of the Principal Act insert—
'Division 3A—Infrastructure Licences 59A. Construction etc. of infrastructure facilities
A person must not, in the adjacent area—

(a)

begin or continue the construction, or the alteration or reconstruction, of any infrastructure facilities; or

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 6
(b) operate any infrastructure facilities—
except—

(c)

under and in accordance with an infrastructure licence; or
(d) as otherwise permitted by this Part.

Penalty:

330 penalty units or imprisonment for 5 years or both, in the case of a natural person;
1650 penalty units, in the case of a
body corporate.

59B. Application for infrastructure licence
(1) A person may apply to the Minister for the grant of an infrastructure licence.
(2) The application—

(a) is to be made in an approved manner; and
(b) is to be accompanied by particulars of the proposals of the applicant for the construction and operation of facilities at a place in the adjacent area, being a place described in the application; and
(c) may set out any other matters that the applicant wishes to be considered; and
(d) is to be accompanied by the prescribed fee.
(3) The Minister may, at any time, by written notice served on the applicant, require the applicant to give, within the period stated in
the notice, further written information in
connection with the application.

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 6	Act No. 91/2001

59C. Notification as to grant of an infrastructure
licence
(1) If an application for the grant of an

infrastructure licence has been made under
section 59B and the applicant has given any
further information as and when required by
the Minister under section 59B(3), then,
subject to section 59D, the Minister, by
written notice served on the applicant, may
inform the applicant that the Minister is
prepared to grant to the applicant an
infrastructure licence in respect of the place
described in the application.

(2) A notice under sub-section (1) must—

(a)
contain a summary of the conditions licence is to be granted; and

(b)
application will lapse if the applicant
does not make a request under
contain a statement to the effect that the the infrastructure licence.

59D. Notices to be given by Minister

(1) This section applies if the Minister is

prepared to grant an infrastructure licence
(the "proposed infrastructure licence") in
respect of a place in a block that—

(a)
infrastructure licence, special
is the subject of a permit, lease, licence, authority; or

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 6

(b)

is, or is proposed to be, transected by a pipeline in accordance with the provisions of a pipeline licence—
of which the registered holder is a person
other than the applicant.
(2) The Minister must not inform the applicant

under section 59C that the Minister is
prepared to grant the proposed infrastructure
licence unless the Minister—

(a) has, by written notice served on the registered holder referred to in sub- section (1), given not less than one month's notice that the Minister is prepared to grant the proposed
infrastructure licence; and

(b)

has served a copy of the notice on such other persons (if any) as the Minister thinks fit; and
(c) has, in the notice—
(i) given particulars of the proposed infrastructure licence; and
(ii) specified a date, on or before which a person on whom the notice, or a copy of the notice, is
served may, by writing served on the Minister, submit any matters that the person wishes the
Minister to consider; and

(d)

has taken into account any matters so submitted on or before the specified date by a person on whom the first- mentioned notice, or a copy of it, has been served.

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 6	Act No. 91/2001

(3) Sub-section (2) does not apply—

(a)

in respect of the registered holder of a permit, lease, licence, infrastructure licence or pipeline licence if the registered holder has consented in writing to the grant of the proposed infrastructure licence; or

(b)

in respect of the registered holder of a special prospecting authority or an access authority if—

(i) the registered holder has
consented in writing to the grant
of the proposed infrastructure
licence; or
(ii) the special prospecting authority
or access authority will expire
before any construction or
operation of facilities under the
proposed infrastructure licence
would occur.

59E. Grant of infrastructure licence

(1) An applicant on whom a notice has been

served under section 59C(1) ("the
applicant") may, by written notice served
on the Minister, request the Minister to grant
to the applicant the infrastructure licence
referred to in the first-mentioned notice.

(2) The request must be made—

(a)

before the end of 3 months after the date of service of the notice on the applicant under section 59C(1); or

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 6

(b) if the Minister, on application in writing served on the Minister before the end of that period, allows a further period of not more than 3 months for the making of the request—before the end of that further period.
(3) If the applicant makes the request within the period applicable under sub-section (2), the Minister must grant to the applicant an
infrastructure licence in respect of the place
described in the application.
(4) If the applicant does not make the request

within the period applicable under sub-
section (2), the application lapses at the end
of that period.

59F. Rights conferred by infrastructure licence
(1) An infrastructure licence, while it remains in force, authorises the infrastructure licensee, subject to this Act and the regulations and in accordance with the conditions to which the infrastructure licence is subject, to construct and operate infrastructure facilities in the

infrastructure licence area.

(2) To avoid doubt, the grant of an infrastructure

licence is not a prerequisite to doing
anything that could be authorised to be done
by a permit, lease, licence or pipeline
licence.

59G. Term of infrastructure licence

Subject to this Part, an infrastructure licence remains in force indefinitely.

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 6	Act No. 91/2001

59H. Termination of infrastructure licence if no operations for 5 years

(1) If an infrastructure licensee—

(a)
work under the infrastructure licence
has not carried out any construction 5 years; and

(b)

has not used the facilities constructed under the infrastructure licence for a continuous period of at least 5 years—
the Minister may, by written notice served
on the infrastructure licensee, inform the
infrastructure licensee that the Minister
proposes to terminate the infrastructure
licence after the end of one month after the
notice is served.
(2) At any time after the end of one month after
the notice referred to in sub-section (1) is served on the infrastructure licensee, the Minister may, by written notice served on
the infrastructure licensee, terminate the
infrastructure licence.
(3) In working out, for the purposes of sub- section (1), the duration of the period in which an infrastructure licensee did not carry
out any construction work under the
infrastructure licence or did not use the
facilities constructed under the infrastructure
licence, any period in which construction
work was not carried out, or the facilities
were not used, because of circumstances
beyond the infrastructure licensee's control is
to be disregarded.

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 6
59J. Conditions of infrastructure licence
An infrastructure licence may be granted subject to such conditions as the Minister thinks fit and are specified in the
infrastructure licence.

59K. Variation of infrastructure licence

(1) An infrastructure licensee may, at any time, make an application to the Minister for the variation of the infrastructure licence.

(2) An application under this section—

(a) is to be made in the approved manner; and
(b) is to be accompanied by particulars of the proposed variation; and
(c) is to set out the reasons for the proposed variation; and
(d) is to be accompanied by the prescribed fee.
(3) The Minister may, at any time, by written notice served on the applicant, require the applicant to give, within the period stated in
the notice, further written information in
connection with the application.
(4) If the infrastructure licence was granted in respect of a place in a block that—

(a)
infrastructure licence, special
is the subject of a permit, lease, licence, authority; or

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 6	Act No. 91/2001

(b)

is, or is proposed to be, transected by a pipeline in accordance with the provisions of a pipeline licence—
of which the registered holder is a person
other than the applicant, the Minister must
not vary the infrastructure licence pursuant
to the application unless the Minister—

(c)

has, by written notice served on the registered holder, given not less than one month's notice that the Minister is considering the application; and

(d)

has served a copy of the notice on such other persons (if any) as the Minister thinks fit; and
(e) has, in the notice—
(i) given particulars of the proposed variation; and
(ii) specified a date on or before which a person on whom the notice, or a copy of the notice, is
served may, by writing served on the Minister, submit any matters that the person wishes the
Minister to consider.

(5) Sub-section (4) does not apply—

(a)
permit, lease, licence, infrastructure
licence or pipeline licence if the
registered holder has consented in
in respect of the registered holder of a infrastructure licence; or

(b)

in respect of the registered holder of a special prospecting authority or an access authority if—

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 7

(i) the registered holder has
consented in writing to the
variation of the infrastructure
licence; or
(ii) the special prospecting authority
or access authority will expire
before any construction or
operation of facilities under the
infrastructure licence as proposed
to be varied would occur.
(6) After considering any matters submitted to

the Minister under sub-section (4) on or
before the date specified in the notice served
under that sub-section by a person to whom
the notice, or a copy of the notice, has been
served, the Minister may—

(a)
applicant, vary the infrastructure
by written notice served on the thinks necessary; or

(b)

refuse to vary the infrastructure licence.'.

7. Consequential amendments
(1) In section 18 of the Principal Act—
(a) in sub-section (1)—
(i) for "lease or licence" substitute "lease, licence or infrastructure licence";

(ii) after "lease, licence" insert
", infrastructure licence";

(b)

in sub-section (2), after "lease, licence" insert ", infrastructure licence".

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 7	Act No. 91/2001

(2) In the Principal Act—

(a)

in section 75AA, after "lease, licence" insert ", infrastructure licence";

(b)

in section 76(1), at the end of paragraphs (a), (b), (c), (d) and (e) insert "and";

(c)

in section 76(1), after paragraph (b) insert— "(ba) in the case of an infrastructure licence,
setting out particulars of the
infrastructure licence area; and";

(d)

in section 81A(4)(a)(i), after "lease, licence" (wherever occurring) insert ", infrastructure licence";

(e)

in section 93, after "lease, licence" (wherever occurring) insert ", infrastructure licence";
(f) in section 94—
(i) in paragraph (a), after "lease, licence" insert ", infrastructure licence";

(ii)
in paragraph (b), after "licence" (where licence";

(g)

in section 94, after paragraph (c) insert— "(ca) the surrender or cancellation of an
infrastructure licence; and";

(h) in section 94(g), after "licence" insert ", infrastructure licence".

(3) In section 95 of the Principal Act, after sub- section (2) insert—
"(2A) The surrender or cancellation of an

infrastructure licence has effect on and from
the day on which notice of the surrender or
cancellation is published in the Gazette.".

(4) In the Principal Act—

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 7

(a)

in section 95(4), after "licence" (where first occurring) insert ", infrastructure licence";
(b) in section 96—

(i) after "lease, licence" (wherever
occurring) insert ", infrastructure
licence";
(ii) after "lessee, licensee" (wherever occurring) insert ", infrastructure licensee".

(5) In section 97 of the Principal Act, after sub- section (2) insert—
"(2A) An infrastructure licensee must carry out
operations authorised by the infrastructure licence in a safe manner and in accordance with good oil-field and good processing and
transport practices.

(2B) In particular and without limiting the

generality of sub-section (2A), but subject to
any authorisation given, or requirement
made, under this Act or the regulations or
under any direction given under this Act, an
infrastructure licensee must control the flow,
and prevent the waste or escape, from a
facility constructed under the infrastructure
licence of water, petroleum or any product
derived by processing petroleum.".

(6) In the Principal Act—

(a)
in section 97A(1), after "lease, licence" licence";

(b)

in section 98(1), in the definition of "operator", after "lessee, licensee" insert ", infrastructure licensee";

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 7	Act No. 91/2001

(c)

in section 98(1), in the definition of "the operations area", after paragraph (a) insert—
"and

(aa) in relation to an operator who is an infrastructure licensee—means the infrastructure licence area; and";

(d)

in section 101(1), after "lease, licence" insert ", infrastructure licence";

(e)

in section 102(2A)(a), after "lessee, licensee" insert ", infrastructure licensee";
(f) in section 103(1)—
(i) after "lessee, licensee" (wherever occurring) insert ", infrastructure licensee";

in sections 103(2) and 104(1), after "lease, licence" insert ", infrastructure licence"; after "lease, licence" (in paragraph (j) ", infrastructure licence";
(ii)

(g)

(h) in section 104(1), after paragraph (a) insert—
"(aaa) in the case of an infrastructure

licence—as to the infrastructure licence
area; or";

(i) in section 104(3), after "lease, licence" insert ", infrastructure licence";

(j)
in section 104(5), after paragraph (a) "(aa) in relation to a surrender of an
infrastructure licence—the
infrastructure licence area; and";

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 8
(k) in section 105(1)—
(i) after "lessee, licensee" (wherever occurring) insert ", infrastructure licensee";
(ii) in paragraph (a), after "lease, licence" insert ", infrastructure licence";

(l) in section 105(1), after paragraph (e) insert—
"(eaa) in the case of an infrastructure

licence—cancel the infrastructure
licence; or";

(m) in section 105(2)—

(i)
after "in force," (where first occurring) licence,";
(ii) after "lessee, licensee" (wherever occurring) insert ", infrastructure licensee";
(iii) in paragraph (a), after "lease, licence" insert ", infrastructure licence".

8. New section 106 substituted
For section 106 of the Principal Act substitute—
"106. Cancellation of permit etc. not affected by
other provisions
(1) A permit, licence or pipeline licence may be wholly cancelled or partly cancelled, a lease may be wholly cancelled, and an
infrastructure licence may be cancelled, on the ground that the registered holder of the permit, licence, pipeline licence, lease or
infrastructure licence has not complied with a provision of this Part or of the regulations even though the holder has been convicted of

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 8	Act No. 91/2001

an offence because of the holder's failure to
comply with the provision.
(2) A person who was the registered holder of a permit, lease, licence or pipeline licence that has been wholly cancelled, is the registered
holder of a permit, licence or pipeline licence
that has been partly cancelled, or was the
registered holder of an infrastructure licence
that has been cancelled, on the ground that
the person has not complied with a provision
of this Part or of the regulations may be
convicted of an offence because of the
person's failure to comply with the provision,
even though the permit, lease, licence,
pipeline licence or infrastructure licence has
been so cancelled.
(3) A permit, licence or pipeline licence may be wholly cancelled or partly cancelled, a lease may be wholly cancelled, and an
infrastructure licence may be cancelled, on the ground that the registered holder of the permit, licence, pipeline licence, lease or
infrastructure licence has not paid an amount
payable by the holder under this Act within
3 months after the day on which the amount
became payable, even though judgment for
the amount has been obtained or the amount,
or any part of the amount, has been paid or
recovered.
(4) A person who was the registered holder of a permit, lease, licence or pipeline licence that has been wholly cancelled, is the registered
holder of a permit, licence or pipeline licence
that has been partly cancelled, or was the
registered holder of an infrastructure licence
that has been cancelled, on the ground that
the person has not paid an amount payable

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 9
by the person under this Act within 3 months
after the day on which the amount became
payable continues to be liable to pay that
amount, together with any additional amount
payable because of late payment of that
amount, even though the permit, lease,
licence, pipeline licence or infrastructure
licence has been so cancelled.".

9. Further consequential amendments
(1) In section 107 of the Principal Act, for sub-

section (1) substitute—
"(1) If—

(a)

a permit has been wholly or partly determined or wholly or partly cancelled, or has expired; or

(b)

a lease has been wholly or partly determined or wholly cancelled, or has expired; or

(c)

a licence has been wholly or partly determined or wholly or partly cancelled, has been terminated or has expired; or

(d)

an infrastructure licence has been cancelled or has been terminated; or

(e)

a pipeline licence has been wholly or partly determined or wholly or partly cancelled, or has been terminated—
the Minister may, by written notice served
on the person who was, or is, as the case may
be, the permittee, lessee, licensee,
infrastructure licensee or pipeline licensee,
direct the person to do any one or more of
the following—

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 9	Act No. 91/2001

(f) to remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease, licence, infrastructure licence or pipeline licence or to make arrangements that are satisfactory to the Minister with respect to the property;
(g) to plug or close off, to the satisfaction of the Minister, all wells made in that area by any person engaged or
concerned in those operations;

(h) subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area;
(i) to make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area caused by any

person engaged or concerned in those
operations.".

(2) In the Principal Act—
(a) in section 107(2)—

(i)
after "lessee, licensee" (where twice licensee";

(ii) after "licence area" insert
", infrastructure licence area";

(iii) after "lease, licence" insert
", infrastructure licence";

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 10

(b) sub-section (2) in respect of—
in section 107(3), for paragraph (c) "(c) in the case of a direction given under
(i) a licence; or
(ii) an infrastructure licence; or
(iii) a pipeline licence—
on or before the first date on which the
licence, infrastructure licence or
pipeline licence can be terminated
under this Part.".

10. New section 108 substituted
For section 108 of the Principal Act substitute—
"108. Removal of property etc. by Minister
(1) This section applies if—

(a)

a permit has been wholly or partly determined or wholly or partly cancelled, or has expired; or

(b)

a lease has been wholly or partly determined or wholly cancelled, or has expired; or

(c)

a licence has been wholly or partly determined or wholly or partly cancelled, has been terminated or has expired; or

(d)

an infrastructure licence has been cancelled or has been terminated; or

(e)

a pipeline licence has been wholly or partly determined or wholly or partly cancelled, or has been terminated.

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(2) If a direction under section 107 has not been complied with, or an arrangement under that section has not been carried out, in relation

to the relinquished area—

(a) the Minister may do all or any of the things required by the direction or arrangement to be done; and
(b) if any property brought into that area by any person engaged or concerned in the operations authorised by the permit,
lease, licence, infrastructure licence or pipeline licence has not been removed in accordance with the direction or

instrument published in the Gazette,
direct that the owner or owners of that
property remove it from that area, or
dispose of it to the satisfaction of the
arrangement the Minister may, by the instrument.

(3) The Minister must serve a copy of an

instrument published under sub-section
(2)(b) on each person whom he or she
believes to be an owner of the property or
any part of it.".

11. Further consequential amendments
In the Principal Act—

(a)

in section 113(3)(b), after "lessee, licensee" insert ", infrastructure licensee";

(b)

in section 115(1), after "recovery of petroleum" insert ", operations relating to the processing or storage of petroleum or the preparation of petroleum for transport";

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Act No. 91/2001 s. 12

(c)

in sections 122(1) and 124, after "lease, licence" insert ", infrastructure licence";
(d) in section 134(1), after "39" insert ", 59A";

(e)

in section 138A(5), after "lease, licence" insert ", infrastructure licence".

12. New section 140A inserted
After section 140 of the Principal Act insert—
"140A. Infrastructure licence fees
There is payable to the Minister by an infrastructure licensee, in respect of each year of the term of the infrastructure licence, a fee calculated in accordance with the regulations.".

13. Time of payment of fees

In section 142 of the Principal Act—

(a) after "140" insert ", 140A";

(b)

after "permit, licence" (where twice occurring) insert ", infrastructure licence".

14. Further consequential amendments
(1) In the Principal Act—

(a)

in section 151U, after paragraph (c) insert— "(ca) the infrastructure licence area of an
infrastructure licence granted after the
changeover time;";

(b)
in section 151V(1), after paragraph (c) "(ca) the infrastructure licence area of an
infrastructure licence in force
immediately before the changeover
time;".

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(2) In section 151W of the Principal Act, after sub- section (3) insert—
"(3A) The regulations may authorise the Minister

to issue an instrument varying an
infrastructure licence in force immediately
before the changeover time for the sole
purpose of relabelling the infrastructure
licence area using geographic co-ordinates
based on the current datum.".

(3) In section 151ZA of the Principal Act, in the

definition of "title", after "lease, licence" insert
", infrastructure licence".

_______________
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Act No. 91/2001 s. 15

PART 3—OTHER AMENDMENTS

15. Amendment of preamble
In the preamble to the Principal Act omit "And whereas Australia is a party to the Convention on the Continental Shelf signed at Geneva on 29 April 1958 in which those rights are defined:".

16. New section 2 substituted
For section 2 of the Principal Act substitute—
"2. Transitional provisions
The First Schedule has effect.
Note: The First Schedule contains transitional

provisions as a result of amendments made to
this Act.".

17. Definitions and interpretation

(1) In section 4(1) of the Principal Act—

(a) insert the following definitions—
' "bank guarantee" means a guarantee
provided by a body that is permitted to
use the expression "bank" under
section 66 of the Banking Act 1959 of
the Commonwealth;

"datum" means a reference frame for defining geographic co-ordinates;
Note: If the position on the surface of the Earth

of a particular point is identified by a
co-ordinate that is determined by
reference to a particular datum, the use of
a different datum will result in the same
point being identified by a different co-
ordinate.

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"geographic co-ordinate" includes—

(a)

a meridian of longitude by itself; and
(b) a parallel of latitude by itself;

"interstate Minister" means the Minister of the Crown in right of a State (other than Victoria) or of the Northern Territory
who is for the time being authorised
under the law of that State or Territory
to perform the functions of a
Designated Authority under the
Petroleum (Submerged Lands) Act
1967 of the Commonwealth;

"the Commonwealth Minister" means the
Commonwealth for the time being
administering the Petroleum
(Submerged Lands) Act 1967 of the
Commonwealth and includes another
Minister of the Crown in right of the and on behalf of that Minister;
"Victorian Minister" means a Minister of the Crown in right of Victoria;';

(b)
for the definition of "natural resources" ' "natural resources" has the same meaning
as in paragraph 4 of Article 77 of the
United Nations Convention on the Law
of the Sea done at Montego Bay on
10 December 1982;';

(c)

in the definition of "petroleum", omit "in the adjacent area";

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(d)
"petroleum" (where first occurring) insert
in the definition of "pipeline", after recovered from the adjacent area or not,";

(e)
in the definition of "pipeline", for "(d) for conveying petroleum from a well,
wherever located, to a terminal station
in the adjacent area without passing
through another terminal station;";

(f)

the definition of "the Convention" is repealed.

(2) In section 4 of the Principal Act—

(a)

in sub-section (4) omit "pipeline licence," where thirdly and fourthly occurring;
(b) sub-section (8) is repealed.

18. New section 6A inserted
After section 6 of the Principal Act insert—
"6A. Act to apply subject to international

obligations
The provisions of this Act relating to pipelines referred to in section 65(2A) have effect subject to the obligations of Australia under international law, including obligations under any agreement between Australia and any other country or countries.".

19. Discontinuance of Australian Geodetic Datum
Section 8 of the Principal Act is repealed.
20. Gender-neutral amendments
In the Principal Act—

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(a)

in section 10, for "him" (where twice occurring) substitute "the Minister";

(b)

in section 13, for "him" substitute "the employee";
(c) in section 14(2)(c) omit "his";
(d) in section 16(1)—
(i) for "him" substitute "the Minister"; (ii) for "his" substitute "the Minister's".

21. Graticulation of Earth's surface
In section 17 of the Principal Act, at the foot of sub-section (3) insert—
"Note: For datum, see section 151S.".

22. Exploration for petroleum
(1) For the penalty at the foot of section 19(1) of the

Principal Act substitute—
"Penalty: 330 penalty units or imprisonment for

5 years or both, in the case of a natural
person;
1650 penalty units, in the case of a
body corporate.".
(2) In section 20(2) of the Principal Act, for "he"
substitute "he or she".
(3) In section 21 of the Principal Act—
(a) in sub-section (1)—
(i) paragraph (a) is repealed;
(ii) in paragraph (d)(ii), for "his" substitute "the applicant's";

(b) in sub-section (4)—
(i) for "him" substitute "the applicant"; (ii) for "his" substitute "the applicant's".

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23. New section 21A inserted
After section 21 of the Principal Act insert—
"21A. Where 2 or more applications are made in respect of the same block or blocks
(1) This section applies if 2 or more applications

have been made under section 20 for the
grant of a permit in respect of the same block
or blocks.

(2) The Minister may grant the permit to whichever applicant, in the Minister's opinion, is most deserving of the grant of the
permit having regard to criteria made
publicly available by the Minister.
(3) For the purposes of sub-section (2), the
Minister may rank the applicants in the order in which they are deserving of the grant, the most deserving applicant being ranked
highest.
(4) The Minister may exclude from the ranking any applicant that, in the Minister's opinion, is not deserving of the grant of the permit.
(5) If the Minister is of the opinion that, after
considering the information accompanying the applications, 2 or more of the applicants are equally deserving of the grant of the
permit, the Minister may, by written notice
served on each of those applicants, invite
them to give to the Minister, within a period
stated in the notice, particulars of the
applicant's proposals for additional work and
expenditure in respect of the block or blocks
specified in the application, being particulars
that the Minister considers to be relevant in

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determining which of the applicants is most
deserving of the grant of the permit.
(6) If any particulars are given by applicants to

the Minister in accordance with the
invitations contained in the notices served
under sub-section (5), the Minister must
have regard to the particulars in determining
whichever of the applicants is most
deserving of the grant of the permit.".

24. Grant or refusal of permit
In section 22(3) and (4) of the Principal Act, for
"him" (wherever occurring) substitute "the
applicant".

25. New sections 22AA, 22AB and 22AC inserted
After section 22 of the Principal Act insert—

"22AA. Withdrawal by a joint applicant

If—

(a)

an application made under section 20 for the grant of a permit was a joint application; and

(b)

all of the joint applicants, by written notice served on the Minister, tell the Minister that one or more, but not all, of them, as specified in the notice,
withdraw from the application—
the following paragraphs have effect—

(c)

the application continues in force as if it had been made by the remaining applicant or applicants;

(d)

if the Minister had informed the joint applicants that the Minister was prepared to grant to the applicants a permit in respect of the block or blocks

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Act No. 91/2001 s. 25

to which the application relates—the informed the applicants.
22AB. Withdrawal of application
The person who has made, or all the persons who have jointly made, an application under section 20 for the grant of a permit may, by
written notice served on the Minister,
withdraw the application at any time before a
permit is granted in respect of the
application.

22AC. Effect of withdrawal or lapse of application
If—

(a)

2 or more applications have been made under section 20 for the grant of a permit in respect of the same block or blocks; and

(b)

one or more, but not all, of the applications are withdrawn or have lapsed—
the following paragraphs have effect—

(c)

the withdrawn or lapsed application or applications are taken not to have been made;

(d)

if the Minister had informed the applicant or one of the applicants whose application had been withdrawn or had lapsed that the Minister was prepared to grant to that applicant a permit in respect of the block or blocks—the Minister is taken not to have so informed the applicant concerned;

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(e) if the applicant or one of the applicants whose application had been withdrawn had requested the Minister under
section 22(3) to grant a permit to the applicant concerned—the request is taken not to have been made;

(f)

if the Minister had refused to grant a permit to the remaining applicant or to any of the remaining applicants—the refusal or refusals are taken not to have occurred.".

26. Permits in respect of surrendered etc. blocks
(1) In section 23 of the Principal Act—
(a) in sub-section (4)—
(i) paragraph (a) is repealed;
(ii) in paragraph (d) omit "to him";
(b) in sub-section (5)—
(i) for "him" substitute "the applicant"; (ii) for "his" substitute "the applicant's".

(2) In section 24(1) of the Principal Act, for

paragraph (b) substitute—
"(b) a deposit of 10% of the amount specified in
the application under section 23(4)(d) or a
bank guarantee for the amount of that
deposit.".

(3) In section 24 of the Principal Act, for sub-

section (2) substitute—
"(2) Subject to sub-section (3), if a permit is not

granted on the application—

(a)

the amount of the deposit must be refunded to the applicant; or

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Act No. 91/2001 s. 26
(b) the bank guarantee is discharged.".

(4) In section 24(3) of the Principal Act—

(a) omit "to him";

(b)

omit ", unless the Minister otherwise determines,".
(5) In the Principal Act—
(a) in section 25(1)—
(i) for "he" substitute "the Minister";
(ii) for "him" substitute "the applicant";
(b) in section 25(2)—

(i) in paragraph (b)—
(A) for "he" substitute "the

applicant";

(B) omit "to him";
(ii) for "him that he is prepared to grant to him" substitute "the applicant that the Minister is prepared to grant to the
applicant";

(c)
in section 25(5)(b), for sub-paragraph (ii) "(ii) pay the amount, or the balance of the
amount, to be paid in respect of the
grant of the permit to the applicant.";

(d) in section 26(1), for "him" (wherever occurring except in paragraph (b)) substitute "the applicant";
(e)
in section 26(1), for paragraph (b) "(b) pay the amount, or the balance of the
amount, to be paid in respect of the
grant of the permit to the applicant.";

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(f)
in section 26(2), for paragraph (b) "(b) has not paid the amount, or the balance
of the amount, to be paid in respect of
the grant of the permit to the
applicant—";

(g)

in section 27, for paragraph (b) substitute— "(b) has paid the amount, or the balance of
the amount, to be paid in respect of the
grant of a permit to the person—".

27. Term of permit
At the end of section 29 of the Principal Act
insert—
"(2) If—

(a)

a permit in respect of a block or blocks cannot be renewed or further renewed; and

(b)

before the time when the permit would, apart from this sub-section, expire, the permittee has duly made an application to the Minister for the grant of a lease
or licence in respect of the block, or
one or more of the blocks, being a
block or blocks that are included in a
location—
the permit continues in force in respect of the
block or blocks to which the application
relates until—

(c)

if the Minister tells the permittee that the Minister is prepared to grant to the permittee a lease or licence in respect of the block or one or more of the blocks—such a lease or licence is

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granted, the permittee withdraws the
application or the application lapses; or

(d)

if the Minister decides not to grant to the permittee such a lease—the end of the period of one year after the day of the service under sub-section 38B(2) or
(2A) of the instrument of notice
refusing to grant the lease; or

(e)

if the Minister decides not to grant to the permittee such a licence—notice of the decision is served on the permittee.".

28. Renewal of permit
(1) In section 30 of the Principal Act—
(a) in sub-section (2), paragraph (a) is repealed;

(b)

in sub-section (3), for "he" substitute "he or she".

(2) In section 31 of the Principal Act—
(a) in sub-section (1)—
(i)  for "sub-section (3)" substitute "sub- sections (3), (4), (5) and (6)";
(ii)  in paragraph (a), for "two" substitute "2";
(iii)  in paragraph (b), for "four" substitute "4";

(b) in sub-section (3), for "two" substitute "2".

(3) In section 31 of the Principal Act, for sub-sections
(4), (5), (6) and (7) substitute—
"(4) An application cannot be made for the
renewal of a permit in respect of only one
block.

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(5) If a permit is in force in respect of 5 or 6

blocks, an application may be made for the
renewal of the permit in respect of 4 of those
blocks.

(6) If a permit is in force in respect of 2, 3 or 4 blocks, an application may be made for the renewal of the permit in respect of all those blocks.
(7) An application may not be made for the

further renewal of a permit that was renewed
as a result of an application referred to in
sub-section (6).".

(4) In section 32 of the Principal Act—
(a) in sub-section (3)—

(i)
for "he" (wherever occurring except "the Minister";
(ii)  in paragraph (a), for "his" substitute "the Minister's";
(iii)  in paragraph (c)(ii), for "he" substitute "the permittee or person";
(iv)  in paragraph (d), for "him" substitute "the Minister";

(b)

in sub-section (6), for "him" substitute "the permittee".

29. Discovery of petroleum
In the Principal Act—

(a)
in section 34, at the foot of sub-section (1) "Penalty: 110 penalty units, in the case of a
natural person;

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Act No. 91/2001 s. 30
550 penalty units, in the case of a
body corporate.";

(b)

in section 34, sub-sections (2) and (3) are repealed;
(c) section 35 is repealed.

30. Declaration of location
In section 37 of the Principal Act, after sub-
section (6) insert—
"(7) The Minister may form an opinion for the
purposes of this section if he or she considers that there are reasonable grounds for forming the opinion having regard to any information in his or her possession, whether provided by the permittee or otherwise.".

31. Application for lease or renewal of lease

(1) In section 38A(2) of the Principal Act,

paragraph (a) is repealed.
(2) In section 38B of the Principal Act, for sub-

section (1) substitute—
"(1) If—

(a)

an application has been made under section 38A; and

(b)

the applicant has furnished any further information as and when required by the Minister under section 38A(3); and
(c) the Minister is satisfied that—
(i) the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
(ii) the recovery of petroleum from that area is not, at the time of the

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Act No. 91/2001

application, commercially viable
but is likely to become
commercially viable within
15 years after that time—
the Minister must, by instrument in writing
served on the applicant, tell the applicant
that the Minister is prepared to grant to the
applicant a lease in respect of the block or
blocks as to which the Minister is satisfied as
mentioned in paragraph (c).".

(3) In section 38B(2) of the Principal Act, for "the blocks" substitute "the block, or all the blocks,".
(4) In section 38B of the Principal Act, after sub- section (2) insert—
"(2A) If—

(a)

an application has been made under section 38A specifying 2 or more blocks; and

(b)

the Minister is not satisfied as to the matters referred to in sub-section (1)(c) in relation to one or more, but not all, of the blocks—
the Minister must, by instrument in writing
served on the applicant, refuse to grant a
lease to the applicant in respect of the block
or blocks as to which the Minister is not
satisfied as mentioned in sub-section (1)(c).".

32. New sections 38BB, 38BC and 38BD inserted
After section 38BA of the Principal Act insert—

'38BB. Application by licensee for lease

(1) If—

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(a) a licence is in force under section 53(1)(c) or 53(2) in respect of a block or blocks; and
(b) no operations for the recovery of petroleum are being carried on under the licence in respect of an area (the "unused area")—
(i) that consists of, or consists of part of, the block or blocks; and
(ii) in which petroleum has been found to exist—

the licensee may, within the application
period, apply to the Minister for the grant of
a lease in respect of the unused area.
(2) An application under sub-section (1)—

(a) is to be made in an approved manner; and
(b) is to be accompanied by particulars of—
(i) the proposals of the applicant for work and expenditure in respect of the unused area; and
(ii) the commercial viability of the recovery of petroleum from the unused area at the time of the

application, and particulars of the
possible future commercial
viability of the recovery of
petroleum from that area; and

(c)

may set out any other matters that the applicant wishes to be considered; and

(d)

is to be accompanied by the prescribed fee.

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(3) The Minister may, at any time, by written notice served on the applicant, require the applicant to give, within the period stated in
the notice, further written information in
connection with the application.
(4) The application period in respect of an

application under this section by a licensee is
the period of 5 years that began on—

(a) the day on which the licence was granted; or
(b) if any operations for the recovery of petroleum have been carried on under the licence in respect of the unused area—the last day on which any such operations were so carried on.
38BC. Grant or refusal of lease in relation to application by licensee
(1) If—

(a) an application has been made under section 38BB; and
(b)
information as and when required by
the applicant has given any further and

(c)

the Minister is satisfied that recovery of petroleum from the unused area—

(i)
is not, at the time of the and

(ii)
is likely to become commercially 15 years after that time—

the Minister must, by written notice served
on the applicant, inform the applicant that

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the Minister is prepared to grant to the
applicant a lease in respect of the unused
area.
(2) If an application has been made under section 38BB and—

(a)

the applicant has not given further information as and when required by the Minister under section 38BB(3); or

(b)

the Minister is not satisfied as to the matters referred to in sub-section (1)(c) in relation to the unused area—
the Minister must, by written notice served
on the applicant, refuse to grant a lease to the
applicant.
(3) A notice under sub-section (1) must
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.
(4) An applicant on whom a notice has been
served under sub-section (1) may, within one month after the date on which the notice was served, or within such further period, not
exceeding one month, as the Minister, on written application made to the Minister before the end of the first-mentioned period
of one month, allows, request the Minister in
writing to grant the lease to the applicant.
(5) If an applicant on whom a notice has been
served under sub-section (1) has made a request under sub-section (4) within the

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(6) If an applicant on whom a notice has been period applicable under sub-section (4), the retention lease in respect of the unused area.
served under sub-section (1) has not made a
request under sub-section (4) within the
period applicable under sub-section (4), the
application lapses at the end of that period.
(7) On the day on which a lease granted under

this section in respect of an unused area
comes into force, the licence in respect of the
block or blocks of which the area consists or
in which the area is included ceases to be in
force in respect of the area.

38BD. Application of sections 38BB and 38BC where licence is transferred
If—

(a)
under section 38BB(1) in relation to an
area consisting of or included in a block
after an application has been made is in force; and

(b) before a decision has been made by the Minister under section 38BC(1) or (2) in relation to the application—
a transfer of the licence is registered under section 78, sections 38BB and 38BC have effect, after the time of the transfer, as if any
reference in those sections to the applicant
were a reference to the transferee.'.

33. Application for renewal of lease
In section 38F(2) of the Principal Act, paragraph (a) is repealed.

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34. Discovery of petroleum
In the Principal Act—

(a)
in section 38J, at the foot of sub-section (1) "Penalty: 110 penalty units, in the case of a
natural person;
550 penalty units, in the case of a
body corporate.";

(b)

in section 38J, sub-sections (2) and (3) are repealed;
(c) section 38K is repealed.

35. Recovery of petroleum without a licence
For the penalty at the foot of section 39 of the
Principal Act substitute—
"Penalty: 330 penalty units or imprisonment for
5 years or both, in the case of a natural

person;
1650 penalty units, in the case of a
body corporate.".

36. Application for licence
In the Principal Act—

(a)

in section 40(2) and (3) of the Principal Act, for "his" (wherever occurring) substitute "the permittee's";
(b) in section 41—
(i) in sub-section (1), paragraph (a) is repealed;

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(ii)
in sub-section (2), for "require him to applicant to give";

(c) in section 42(2)—
(i) for "he" substitute "the Minister";
(ii) for "him" substitute "the Minister".

37. New section 43 substituted
For section 43 of the Principal Act substitute—
"43. Notification as to grant of licence
(1) If—

(a)

an application has been made under section 40 or 40A; and

(b)

the applicant has given any further information as and when required by the Minister under section 41(2); and

(c)

the Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum—
the Minister must, by instrument in writing
served on the applicant, tell the applicant
that the Minister is prepared to grant to the
applicant a licence in respect of the block or
blocks as to which the Minister is satisfied as
mentioned in paragraph (c).
(2) An instrument under sub-section (1) must—

(a)

contain a summary of the conditions subject to which the licence is to be granted; and

(b)

if the instrument relates to a secondary licence—specify the rate of royalty

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determined by the Minister under
section 42(1); and

(c)
application will lapse if the applicant
does not make a request under
contain a statement to the effect that the the licence.

(3) If the Minister decides not to grant to the
applicant a licence in respect of the block, or any of the blocks, specified in the application because—

(a) the applicant has failed to comply with a requirement made by the Minister under section 41(2); or
(b) the Minister is not satisfied that the area comprised in the block, or any of the blocks, contains petroleum—
the Minister must, by instrument in writing served on the applicant, tell the applicant of the Minister's decision and the reasons for
the decision.".

38. Grant of licence and variation of licence area
In the Principal Act—
(a) in section 44—

(i)
in sub-section (1), for "him" (where applicant";
(ii) in sub-section (2), for "blocks specified in the application" substitute "block or blocks as to which the Minister is

satisfied as mentioned in section
43(1)(c)";

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Act No. 91/2001

(b)

in section 45(1), for "the blocks specified in the application" substitute "such of the blocks specified in the application as are blocks as to which the Minister is satisfied as mentioned in section 43(1)(c)".

39. Licences in respect of surrendered etc. blocks
(1) In section 47 of the Principal Act—

(a)
in sub-section (2), for paragraph (a) "(a) that an applicant is required to specify
an amount that the applicant would be prepared to pay in respect of the grant of a licence on the application; or";

(b)

in sub-section (2)(b), for "that he would be prepared to pay, if a licence were granted to him on his application" substitute "that the applicant would be prepared to pay if a licence were granted on the application";
(c) in sub-section (3)—
(i) for "he" substitute "the Minister";
(ii) for "him" substitute "the Minister";
(d) in sub-section (6), paragraph (a) is repealed;
(e) in sub-section (7)—
(i) for "him" substitute "the applicant";
(ii) for "his application" substitute "the application".

(2) In section 48(1) of the Principal Act, for

paragraph (b) substitute— "(b) a deposit of 10% of—

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(i) the amount that the applicant has specified as the amount that the applicant would be prepared to pay in respect of the grant of a licence to the applicant on the application; or
(ii) the amount stated by the Minister, in the instrument by which applications were invited, as the amount that the

applicant will be required to pay in
respect of the grant of a licence—

or a bank guarantee for the amount of that
deposit.".

(3) In section 48 of the Principal Act, for sub-

section (2) substitute—
"(2) Subject to sub-section (3), if a licence is not

granted on the application—

(a)

the amount of the deposit must be refunded to the applicant; or
(b) the bank guarantee is discharged.".

(4) In section 48(3) of the Principal Act—

(a) omit "to him";

(b)

omit ", unless the Minister otherwise determines,".
(5) In the Principal Act—
(a) in section 49(1)—
(i) for "him" (where twice occurring) substitute "the applicant";

(ii) for "he" substitute "the Minister"; (b) in section 49(2)—
(i) for "he" (where first occurring) substitute "the Minister";

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(ii) for "his application" substitute
"the application";

(c)

for "he would" substitute "the applicant would";
(d) in section 49(5)(b)—
(i) in paragraph (b), after "a statement of" insert "the amount or";

(ii) omit "to him";

(e)
in section 49(5)(c), for sub-paragraph (ii) "(ii) in a case where the instrument contains
a statement referred to in
paragraph (b)—if the applicant does not
pay the amount, or the balance of the
amount, referred to in that statement.";

(f) in section 49(6), for "him" (wherever occurring except in paragraph (b)) substitute "the applicant";
(g)
in section 49(6), for paragraph (b) "(b) if the first-mentioned instrument
contains a statement of an amount or
the balance of an amount that the
applicant will be required to pay in
respect of the grant of the licence—pay
that amount or balance.";

(h)
in section 49(7), for paragraph (b) "(b) if the instrument contains a statement of
an amount or the balance of an amount
that the applicant will be required to
pay in respect of the grant of a
licence—has not paid that amount or
balance—";

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(i) in section 50, for paragraph (b) substitute— "(b) if the instrument contains a statement of
an amount or the balance of an amount
that the applicant will be required to
pay in respect of the grant of a
licence—has paid that amount or
balance—";

(j)

in section 50, for "shall grant to him" substitute "shall grant to the applicant";
(k) in section 51—
(i)  in sub-section (1), for "him" substitute "the licensee";
(ii)  in sub-section (2), paragraph (a) is repealed;
(iii)  in sub-section (5), paragraph (a) is repealed;

(l)

in section 52(a), for "he" substitute "the licensee".

40. New section 53 substituted and 53A inserted
For section 53 of the Principal Act substitute—
"53. Term of licence
Subject to this Part, a licence remains in force indefinitely.

53A. Termination of licence if no operations for
5 years
(1) If no operations for the recovery of
petroleum under a licence have been carried on for a continuous period of at least 5 years, the Minister may, by written notice served
on the licensee, inform the licensee that the

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Minister proposes to terminate the licence after the end of one month after the notice is served.
(2) At any time after the end of one month after

the notice referred to in sub-section (1) is
served on the licensee, the Minister may, by
written notice served on the licensee,
terminate the licence.

(3) In working out, for the purposes of sub- section (1), the duration of the period in which no operations for the recovery of petroleum were carried on under a licence,
any period in which no such operations were carried on because of circumstances beyond the licensee's control is to be disregarded.".

41. Renewal of licences
Sections 54 and 55 of the Principal Act are repealed.
42. Directions for recovery of petroleum and unit development
In the Principal Act—

(a)

in section 58(1) and (3) for "he" substitute "he or she";
(b) in section 59(3)—
(i) for "his" substitute "his or her";
(ii) for "him" substitute "him or her";

(c)

in section 59(4), for "him" substitute "the Minister";

(d)

in section 59(7), for "he" substitute "the Minister";
(e) in section 59(8)—
(i) for "he" substitute "he or she";

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(ii) for "him" substitute "the Minister";

(f)

in section 59(11), for "him" substitute "him or her".

43. Pipeline licences
(1) In section 60 of the Principal Act—

(a)

at the foot of sub-section (1) insert— "Penalty: 330 penalty units or imprisonment
for 5 years or both, in the case of a
natural person;
1650 penalty units, in the case of a
body corporate.";

(b) sub-sections (2) and (3) are repealed.
(2) In section 60 of the Principal Act, for sub-
section (4) substitute—
"(4) A person must not, in the adjacent area,
commence to operate a pipeline unless—

(a)

it has been constructed and tested in accordance with a pipeline licence; and

(b)

the Minister has certified in writing that he or she is satisfied that the pipeline has been so constructed and tested and is fit to be operated.

Penalty:

330 penalty units or imprisonment for 5 years or both, in the case of a natural person;
1650 penalty units, in the case of a
body corporate.".

(3) In section 60 of the Principal Act—

(a)

in sub-section (5) omit ", a secondary line or a water line,";

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(b)

at the foot of sub-section (5) insert— "Penalty: 330 penalty units or imprisonment
for 5 years or both, in the case of a
natural person;
1650 penalty units, in the case of a
body corporate.";

(c)

in sub-section (6), for "he" (where twice occurring) substitute "he or she";

(d)

omit the penalty at the foot of sub- section (6).
(4) In the Principal Act—
(a) in section 61(a)—
(i) omit ", water line, pumping station, tank station, valve station or secondary line" (where twice occurring);

(ii) for "him" substitute "the person";
(b) in section 62(1)—
(i) omit ", water line, pumping station, tank station, valve station or secondary line" (wherever occurring);

(ii) for "him" substitute "that person";

(c)

in section 62(2), omit ", water line, pumping station, tank station, valve station or secondary line" (wherever occurring);

(d)

in section 62(3), for "him" substitute "the person".

(5) In section 64 of the Principal Act—
(a) in sub-section (1)—
(i) after "licence" (where first occurring) insert ", whether or not that licence is

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for the conveyance of petroleum
recovered from an area within the
adjacent area";
(ii) paragraph (a) is repealed;
(iii) in paragraph (c)(iv), for "his" substitute "the applicant's";

(b) in sub-section (2)—
(i) in paragraph (a), for "the licensee" substitute 'the registered holder of the production licence for that area ("the licensee")';
(ii) for "him" substitute "the licensee or pipeline operator";

(c)
in sub-section (3), for paragraph (a) "(a) a notice is published in the Gazette of
an application by a person other than
the registered holder of the production
licence for a licence area for a pipeline
licence in respect of the construction of
the pipeline for the conveyance of
petroleum recovered in that area; and";

(d) in sub-section (4)—

(i)
for "this section, require him" person";
(ii) for "his application" substitute "the application".

(6) In section 65 of the Principal Act, for sub-

section (1) substitute—
"(1) Where a person makes an application in

accordance with section 64 for a pipeline
licence in respect of the construction in the

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adjacent area of a pipeline for the
conveyance of petroleum recovered in a
licence area, the Minister may, if—

(a)

that person is not the registered holder of the production licence for that licence area; and

(b)

the application has not been rejected under section 64(3)—
inform the person, by instrument in writing
served on the person, that the Minister is
prepared to grant the person a pipeline
licence.".

(7) In section 65(2) of the Principal Act—

(a) for "the licensee" (where twice occurring) substitute 'the registered holder of the production licence for that licence area ("the licensee")';
(b) for "the licence" (where twice occurring) substitute "the production licence for that licence area".
(8) In section 65 of the Principal Act, after sub- section (2) insert—
"(2A) If a person makes an application in

accordance with section 64 for a pipeline
licence in respect of the construction in the
adjacent area of a pipeline for the
conveyance of petroleum recovered from a
place beyond the outer limits of the adjacent
area, the Minister may inform the person, by
instrument in writing served on the person,
that the Minister is prepared to grant the
person a pipeline licence.".

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(9) In section 65 of the Principal Act—
(a) in sub-section (3)—

(i)
occurring) substitute 'the registered
for "the licensee" (where twice licence area ("the licensee")';
(ii) in paragraph (a), for "the licence" substitute "the production licence";

(b) in sub-section (4)—
(i) for "to a licensee" substitute 'for the conveyance of petroleum recovered in a licence area to the registered holder of the production licence for that licence area ("the licensee")';

(ii)
for "he" (wherever occurring except in Minister";
(iii)  in paragraph (a), for "his" substitute "the Minister's";
(iv)  in paragraph (c)(ii), for "he" substitute "the licensee or person";
(v)  in paragraph (d), for "him" substitute "the Minister";

(c) in sub-section (5)—

(i)
for "the licensee" substitute "the licence for a licence area";

(ii)
for "a licence area" (where first area";

(d)

in sub-sections (7), (8), (9), (10) and (11), for "sub-section (1) or (2)" substitute "sub-section (1), (2) or (2A)";

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(e)

in sub-section (9), for "him" (where twice occurring) substitute "the person".

44. Term of pipeline licences
In section 67 of the Principal Act, for sub-
section (1) substitute—
"(1) Subject to this Part, a pipeline licence

remains in force indefinitely.".

45. New section 67A inserted
After section 67 of the Principal Act insert—
"67A. Termination of pipeline licence if no

operations for 5 years

(1) If a pipeline licensee—

(a)

has not carried out any construction work under the pipeline licence for a continuous period of at least 5 years; and

(b)

has not used the pipeline or part of the pipeline for a continuous period of at least 5 years—
the Minister may, by written notice served
on the pipeline licensee, inform the pipeline
licensee that the Minister proposes to
terminate the pipeline licence, or to
terminate the pipeline licence in respect of
the part of the pipeline, as the case may be,
after the end of one month after the notice is
served.
(2) At any time after the end of one month after

the notice referred to in sub-section (1) is
served on the pipeline licensee, the Minister
may, by written notice served on the pipeline
licensee, terminate the pipeline licence or
terminate the pipeline licence in respect of
the part of the pipeline, as the case may be.

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(3) In working out, for the purposes of sub- section (1), the duration of the period in which a pipeline licensee did not carry out
any construction work under the pipeline
licence or did not use the pipeline or a part of
the pipeline, any period in which
construction work was not carried out, or the
pipeline or part of the pipeline was not used,
because of circumstances beyond the
pipeline licensee's control is to be
disregarded.".

46. Renewal, conditions and variation of pipeline licences and ceasing to operate pipeline
In the Principal Act—
(a) sections 68 and 69 are repealed;
(b) in section 70, sub-section (3) is repealed;
(c) in section 71(2), paragraph (a) is repealed;
(d) in section 71(3)—
(i) for "him" substitute "the person";

(ii) for "his application" substitute
"the application";

(e)

in section 71(4), for "he" substitute "the person";
(f) in section 71(5)—
(i) for "him" substitute "the Minister";
(ii) for "he" substitute "he or she";
(g) in section 72(1)—

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(i) in paragraph (b), for "his" substitute "the Minister's";
(ii) omit ", or of a water line, pumping station, tank station, valve station or secondary line";

(h)
in section 72, for the penalty at the foot of "Penalty: 330 penalty units or imprisonment
for 5 years or both, in the case of a
natural person;
1650 penalty units, in the case of a
body corporate.".

(i)
in section 74, for the penalty at the foot of "Penalty: 330 penalty units or imprisonment
for 5 years or both, in the case of a
natural person;
1650 penalty units, in the case of a
body corporate.".

47. Registration of instruments
In the Principal Act—

(a)

in section 75, for "him" substitute "him or her";
(b) in section 76(2), paragraph (c) is repealed;
(c) in section 79—
(i) in sub-section (1), for "his" substitute "the person's";
(ii) in sub-section (2), for "he" substitute "he or she";

(d)

in section 82, for the penalty at the foot of sub-section (1) substitute—

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"Penalty: 110 penalty units, in the case of a
natural person;
550 penalty units, in the case of a
body corporate.";

(e) in section 83—
(i) for "his" substitute "his or her";
(ii) omit "with him";

(f) in section 84(1), for "him" substitute "the Minister";
(g)
in section 84, for the penalty at the foot of "Penalty: 55 penalty units, in the case of a
natural person;
275 penalty units, in the case of a
body corporate.";

(h) in section 85—

(i)
in sub-section (1), for "him" (where "the Minister";
(ii) in sub-section (2), for "him" substitute "the person";

(i)
in section 85, for the penalty at the foot of "Penalty: 55 penalty units, in the case of a
natural person;
275 penalty units, in the case of a
body corporate.";

(j) in section 87—

(i) omit "with him";

(ii) for "his" (where twice occurring) substitute "his or her";

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(k) in section 89, for "his" (where twice occurring) substitute "his or her";
(l)
for the penalty at the foot of section 90 "Penalty: 55 penalty units, in the case of a
natural person;
275 penalty units, in the case of a
body corporate.".

48. Exemption from duty
In section 93 of the Principal Act, for "Stamps
Act 1958" substitute "Duties Act 2000".

49. Notice of grants to be published
In section 94 of the Principal Act—
(a) for "he" substitute "he or she";

the person who gave the commercial or financial affairs;
(ii) the Minister did not, within 30 days after receiving the information, tell the person in

writing that the Minister disagreed
with the person's classification of
the information and serve on the
person a written notice inviting

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objections to the disclosure of the
information; or

(b) the Minister considers the information to be a trade secret, or otherwise to be information the disclosure of which
would, or could reasonably be expected
to, adversely affect the person in
respect of the person's lawful business,
commercial or financial affairs.
(4) Documentary information given by a person to the Minister is "contested information" if—

(a) the person who gave the information to the Minister told the Minister in writing when the information was so given that the person classified the information
as—

(i)
partly from, or an opinion based
a conclusion drawn wholly or documentary information; or

(ii)
the disclosure of which would, or
could reasonably be expected to,
adversely affect the person in
respect of the person's lawful
a trade secret, or other information affairs; and

(b) the Minister, within 30 days after receiving the information, told the person in writing that the Minister disagreed with the person's
classification of the information and served on the person a written notice inviting objections to the disclosure of
the information.

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(5) A "notice inviting objections to the disclosure of information" is a notice—

(a)
stating that the person serving the the information publicly known or available; and

(b) inviting the person who gave the information to the Minister to give to the person serving the notice, on or before a day specified in the notice, being a day not earlier than 45 days after the notice was served, a notice—
(i) objecting to the information, or a specified part of the information, being publicly known or made

available on the ground that the
information or the part of the
information is a trade secret or
would, or could reasonably be
expected to, adversely affect the
person in respect of the person's
lawful business, commercial or
financial affairs; or
(ii) objecting to the information or a specified part of the information being publicly known or made
available before the end of 5 years after the information was given to the Minister on the ground that the information or the part of the

information is a conclusion drawn
wholly or partly from, or an
opinion based wholly or partly on,
other documentary information;
and

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(c)
an objection in accordance with the
invitation, the information can be made
stating that, if the person does not make under this Part.

(6) For the purposes of this Part—

(a) cores and cuttings, well data, logs, sample descriptions and other documents, relating to the drilling of a well, are taken to have been given to the Minister not later than one month after the drilling of the well was, in the Minister's opinion, substantially completed; and
(b)
geophysical or geochemical data surveys are taken to have been given to the Minister not later than one year after the geophysical or geochemical field work was, in the Minister's opinion, substantially completed.

151I. Application of Part
This Part applies in respect of—

(a) information given to the Minister after the commencement of this Part; and
(b) petroleum mining samples given to the Minister at any time whether before or after the commencement of this Part.
Note: Section 118 of this Act as previously in force

continues to apply in respect of information
given to the Minister before the commencement
of this Part (see clause 3 of the First Schedule).

Division 2—Disclosure of Information

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151J. Ministers not to disclose documentary
information or petroleum mining samples except in accordance with this Part or for administrative purposes
Except as provided by this Part or for the purposes of the administration of this Act or the regulations, the Minister, or another Victorian Minister to whom documentary information or a petroleum mining sample has been made available under section 151K, must not—

(a)
available to any person (other than
another Victorian Minister, the
Commonwealth Minister or an
make publicly known, or make information; or

(b)
of, or permit any person (other than
another Victorian Minister, the
Commonwealth Minister or an
make publicly known any particulars sample.

151K. Making by Minister of documentary

information or petroleum mining samples
available to other Ministers

(1) The Minister may, at any time, make

documentary information or petroleum
mining samples available to another
Victorian Minister, the Commonwealth
Minister or an interstate Minister.

(2) Division 3 does not prevent the making of documentary information available under this section.

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151L. Disclosure by Minister of information (other than excluded information) or petroleum mining samples
(1) Subject to Division 3, at any time after—

(a)
permit, lease, licence, infrastructure
licence, pipeline licence, special
the grant of, or a refusal to grant, a authority; or

(b)

the renewal of, or a refusal to renew, a permit, lease or licence; or

(c)

the extension of, or a refusal to extend, an access authority—
the Minister may—
(d) make publicly known; or

(e)

subject to sub-section (4), on request by a person, make available to the person—
any information (other than excluded
information) contained in, or accompanying,
the application for the grant, renewal or
extension.
(2) Subject to Division 3, at any time after the relevant day, the Minister may—
(a) make publicly known; or

(b)

subject to sub-section (4), on request by a person, make available to the person—
any documentary information (other than
excluded information) given to the Minister
that relates to the sea-bed or subsoil, or to
petroleum, in a block.
Note: For "relevant day" see section 151M.

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(3) At any time after the relevant day, the Minister may—

(a) make publicly known any particulars of; or
(b) subject to sub-section (4), on request by a person, permit the person to inspect—
any petroleum mining samples from a block, being petroleum mining samples given to the Minister.
Note: For "relevant day" see section 151M.
(4) If the Minister requires a person to pay a fee calculated in accordance with the regulations before any information is made available to
the person or the person is permitted to available to the person, or permit the person to inspect the samples, as the case may be, under this section unless the fee has been paid.
inspect any petroleum mining samples, the

151M. Relevant day after which information or petroleum mining sample may be disclosed
(1) This section identifies the day (the "relevant

day") after which documentary information
may be made publicly known under
section 151L(2), or particulars of a
petroleum mining sample may be made
publicly known, or such a sample may be
permitted to be inspected, under
section 151L(3).

(2) If—

(a)

a permit or lease is in force in respect of the block referred to in the sub- section concerned; and

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(b)
contained the information, or the
sample, as the case may be, referred to
in that sub-section was given to the
Minister during the period during
the applicable document that in respect of the block—
(i) the permit or lease;
(ii) if a lease is in force in respect of the block—the permit that ceased to be in force in respect of the block because of section 38B(7) on the day on which the lease came into force; and

(c) sub-section (7) does not apply—
the "relevant day" is the last day of the
period of 2 years that began on the day on
which the document or sample was given to
the Minister.
(3) If—

(a) a licence is in force in respect of the block referred to in the sub-section concerned; and
(b)
contained the information, or the
sample, as the case may be, referred to
in that sub-section was given to the
Minister during the period during
the applicable document that in respect of the block—

(i) the licence;

(ii) the permit or lease that ceased to be in force in respect of the block because of section 44(5) on the

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day on which the licence came
into force; and
(c) sub-section (7) does not apply—
the "relevant day" is the last day of the
period of one year that began on the day on
which the document or sample was given to
the Minister.
(4) If—

(a)
the applicable document that sample, as the case may be, referred to in the sub-section concerned was given to the Minister during a period during which a permit, lease or licence was in force in respect of the block referred to in that sub-section; and

(b) either of the following applies—

(i)
surrendered, cancelled,
the permit, lease or licence is respect of the block;

(ii)
the permit, lease or licence expires the block; and

(c) sub-section (7) does not apply—
the "relevant day" is the day of the
surrender, cancellation, determination,
termination or expiry, as the case may be,
whether or not another permit, lease or
licence is afterwards in force in respect of
the block.
(5) If—

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(a)

the applicable document that contained the information, or the sample, as the case may be, referred to in the sub-section concerned was given to the Minister at a time when a permit, lease or licence was not in force in respect of the block referred to in that sub-section; and

(b)

neither sub-section (6) nor (7) applies—
the "relevant day" is the day determined by
the Minister, being a day not more than
2 years after the day on which the document
or sample was given to the Minister.
(6) If—

(a)

the applicable document that contained the information, or the sample, as the case may be, referred to in the sub-section concerned was given to the Minister at a time when a permit, lease or licence was not in force in respect of the block referred to in that sub-section; and

(b)

the information or sample was collected for the purpose of the sale of the information on a non-exclusive basis; and
(c) sub-section (7) does not apply—
the "relevant day" is the day determined by
the Minister, being a day not more than
5 years after the day on which the document
or sample was given to the Minister.
(7) If—

(a)

information referred to in the sub- section concerned that was contained

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in the applicable document is a
3-dimensional seismic survey of or
including the block referred to in that
sub-section (whether or not a permit,
lease or licence was in force in respect
of the block when the applicable
document that contained the
information was given to the Minister
or is currently in force in respect of the
block); and

(b)

the information was collected for the purpose of the sale of the information on a non-exclusive basis; and

(c)

anyone who buys the information is entitled to reprocess it in any way the buyer thinks fit; and

(d)

the person who gave the information to the Minister also gave to the Minister as much 2-dimensional information derived from the seismic survey as is contained in a seismic data grid scaled in time extending over the length and breadth of the block—
the "relevant day" is the day determined by
the Minister, being a day not more than
8 years after the day on which the document
was given to the Minister.
Note: This sub-section does not identify the relevant

day for 2-dimensional information that is
referred to in paragraph (d). The relevant day
for that information is identified by reference to
sub-section (2), (3), (4), (5) or (6), whichever is
applicable.

151N. Disclosure by Minister of documentary

information or petroleum mining sample
where prior publication made by holder of
petroleum mining instrument

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 67

Act No. 91/2001

(1) This section applies where—

(a)
documentary information or a block was given to the Minister—
(i) during or in respect of a period during which a permit, lease or licence was in force in respect of
the block; or

(ii)
during which a special
prospecting authority or access
during or in respect of a period of the block but during which no permit, lease or licence was in force in respect of the block; and

(b)
of the special prospecting authority or
access authority or, if the permit, lease,
licence, special prospecting authority or
access authority has ceased to be in
force, the person who was the
permittee, lessee, licensee, holder of the
the permittee, lessee, licensee or holder of the access authority—
(i) has made any of the information publicly known or has consented in writing to any of the

information being made publicly
known; or
(ii)
caused to be made publicly
known, any particulars of the
has made publicly known, or has to any of the particulars of the

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 67
sample being made publicly
known or to the sample being
made available for inspection.
(2) The Minister may, at any time after the

information or particulars of the sample have
been made publicly known or the consent
has been given—

(a)
information—make the information
in the case of documentary section (3), on request by a person, make the information available to the person; or

(b) in the case of a petroleum mining sample—make particulars of the sample publicly known or, subject to
sub-section (3), on request by a person, permit the person to inspect the sample.

(3) The Minister may require a person to pay a

fee calculated in accordance with the
regulations before the documentary
information is made available to the person
or the person is permitted to inspect the
petroleum mining sample.

(4) If a requirement is made under sub-

section (3), the Minister must not make the
information available to the person, or
permit the person to inspect the sample, as
the case may be, under this section unless the
fee has been paid.

(5) Division 3 does not prevent the making of

documentary information publicly known or
available under this section.

151O. Disclosure by Minister of non-confidential derivative information

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 67

Act No. 91/2001

The Minister may, at any time after the end of 5 years after an applicable document was given to the Minister—
(a) make publicly known; or

(b)

on request by a person and, if the Minister so requires, on payment of a fee calculated in accordance with the regulations, make available to the person—
any derivative information (other than
confidential information) contained in the
document and relating to the sea-bed or
subsoil, or to petroleum, in a block.
Division 3—Procedures to be Followed in
respect of Contested Information

151P. Making and determination of objections to
disclosure
(1) The Minister must not make publicly known or available any contested information unless the Minister has, within 30 days after the
information was received, served on the
person who gave to the Minister the
document containing the information a
notice inviting objections to the disclosure of
the information and—

(a) no objection to the disclosure of the information is made by the person within the period specified in the notice; or
(b) if such an objection has been made— the objection has ceased to be in force.
(2) An objection by a person pursuant to the

notice may be withdrawn by written notice
given by the person to the Minister.

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 67
(3) If a person makes an objection pursuant to
the notice, the Minister must, within 45 days after the day on which the notice of objection is received—

(a) consider the objection and either allow it wholly or partly or disallow it; and
(b) cause written notice of the decision on the objection to be served on the person.
(4) A notice of a decision of the Minister on an

objection (other than a decision allowing the
objection wholly) must include a statement
to the effect that, if the person who made the
objection is dissatisfied with the Minister's
decision on the objection, the person may, in
accordance with section 151Q(1), request the
Minister to review the decision.

151Q. Review of decisions on objections

(1) A person who—

(a) has made an objection to the Minister; and
(b) is dissatisfied with the Minister's decision on the objection—
may, by written notice given to the Minister not later than 28 days after the day on which the notice of the decision is served on the
person, request the Minister to review the
decision.
(2) The request does not have any effect unless

the notice making the request sets out the
grounds for making the request.

(3) A request by a person to the Minister for a review of a decision of the Minister may be

Petroleum (Submerged Lands) (Amendment) Act 2001

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Act No. 91/2001

withdrawn by written notice served by the
person on that Minister.
(4) The Minister must, within 45 days after the

day on which the request was received,
review the decision and make a decision—

(a) confirming the decision reviewed; or

(b) revoking the decision reviewed and substituting another decision for it.
(5) The Minister must, by written notice served on the person who made the request for the review, tell the person the result of the
review and give reasons for the Minister's
decision on the review.
(6) For the purposes of this Division, an

objection by a person to a decision ceases to
be in force—

(a)
(b) if the objection is not withdrawn— if the objection is withdrawn—when or
(i) if a review of the decision is not duly requested—when a written notice of the decision is served on
the person; or
(ii) if a review of the decision is duly requested and the request is not withdrawn—when a written notice of the decision on the review is served on the person; or

(iii)
review of the decision is
if a duly made request for a of the request occurs.

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 67
(7) If the decision on an objection, or, if the decision is reviewed, the decision on the review, disallows the objection—

(a) if the disclosure of the information or the part of the information was objected to solely on a ground referred to in section 151H(5)(b)(i)—the information or the part of the information is taken not to be confidential information and may be made publicly known, or made available, under—
(i) if the information or the part of the information is not derivative information—section 151L(1) or (2), as the case may be; or

(ii)
if the information or the part of information—section 151O; or

(b)
the part of the information was objected
if the disclosure of the information or section 151H(5)(b)(ii) or both on that ground and on a ground referred to in section 151H(5)(b)(i)—the information or the part of the information is taken not to be confidential information or derivative information and may be made publicly known, or made available, under section 151L(1) or (2), as the case may be.

(8) If the decision on an objection, or, if the decision is reviewed, the decision on the review, allows the objection wholly or
partly—

(a)

any information the disclosure of which was objected to on a ground referred to

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 67	Act No. 91/2001
in section 151H(5)(b)(i) (whether or not the information was also objected to on the ground referred to in section
151H(5)(b)(ii)) and in respect of which the objection is allowed may not be made publicly known, or made available, by the Minister; and

(b)
was objected to solely on the ground
referred to in section 151H(5)(b)(ii) and
in respect of which the objection is
allowed is taken to be derivative
information other than confidential
information and may be made publicly
any information the disclosure of which section 151O; and

(c)

any information the disclosure of which was objected to and in respect of which the objection is disallowed—

(i)
was objected to solely on the
ground referred to in
section 151H(5)(b)(i)—is taken
not to be confidential information
and may be made publicly known,
or made available, under
section 151L(1) or (2) (as the case
may be) if it is not derivative
information or under
if the disclosure of the information information; or

(ii)
was objected to solely on the
ground referred to in
section 151H(5)(b)(ii) or both on
if the disclosure of the information referred to in section

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 67
151H(5)(b)(i)—is taken not to be
confidential information or
derivative information and may be
made publicly known, or made
available, under section 151L(1)
or (2), as the case may be.

PART IIIB—DATUMS
151R. Objects
The main objects of this Part are—

(a)

to maintain the use of the Australian Geodetic Datum to determine the position of blocks and certain other areas; and

(b)

to enable the position of a point, line, block or other area to be described, in a title or other instrument under this Act, using another datum (but not so as to change the position of a point, line, block or area).

151S. Australian Geodetic Datum
(1) For the purposes of this Act, the position on the surface of the Earth of—
(a) a graticular section or block; or

(b)

an area described in the Third Schedule; or

(c)

an area described in the Sixth Schedule—
is to be determined by reference to the
Australian Geodetic Datum.

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 67

Act No. 91/2001

Note: "Australian Geodetic Datum" is defined in

section 151ZA.

(2) Subject to sub-section (3), sub-section (1)

does not apply for the purposes of
describing, in a title or other instrument
under this Act, the position on the surface of
the Earth of a point, line or area.

(3) Until a declaration under sub-section

151T(1) takes effect, the Australian Geodetic describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area.
151T. Current datum, previous datum and
changeover time
(1) The regulations may declare that, for the purposes of describing, in a title or other instrument under this Act, the position on the
surface of the Earth of a point, line or area—

(a)

a specified datum is the "current datum"; and
(b) that datum replaces the previous datum.

(2) The "previous datum" is—

(a)
be the current datum under sub-
if a datum is the first datum declared to Datum; or

(b) in any other case—the datum that was the current datum immediately before the changeover time.
(3) The "changeover time" is the time when the declaration takes effect.
151U. Use of current datum

Petroleum (Submerged Lands) (Amendment) Act 2001
Act No. 91/2001

For the purposes of this Act, the position on the surface of the Earth of the following—

(a)

the permit area of a permit granted or renewed after the changeover time;

(b)

the lease area of a lease granted or renewed after the changeover time;

(c)

the licence area of a licence granted or renewed after the changeover time;

(d)

the area in respect of which a special prospecting authority granted after the changeover time is in force;

(e)

the area in respect of which an access authority granted after the changeover time is in force;

(f)

the route of a pipeline authorised by a pipeline licence granted after the changeover time;

(g)

a point, line or area set out in any other instrument under this Act made after the changeover time—
is to be described by reference to the current
datum, and the title or instrument may be
annotated accordingly.
151V. Use of previous datum
(1) For the purposes of this Act, the position on the surface of the Earth of the following—

(a)

the permit area of a permit in force immediately before the changeover time;

Petroleum (Submerged Lands) (Amendment) Act 2001

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Act No. 91/2001

(b) the lease area of a lease in force immediately before the changeover time;
(c) the licence area of a licence in force immediately before the changeover time;
(d)
prospecting authority in force
the area in respect of which a special time is in force;

(e)

the area in respect of which an access authority in force immediately before the changeover time is in force;

(f)

the route of a pipeline authorised by a pipeline licence in force immediately before the changeover time;

(g)

a point, line or area set out in any other instrument under this Act in force immediately before the changeover time—
is to be described by reference to the
previous datum.
(2) Sub-section (1) has effect subject to section 151W.
151W. Variation of titles etc.
(1) The regulations may authorise the Minister to issue an instrument varying a permit in force immediately before the changeover time for the sole purpose of relabelling the

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 67
permit area using geographic co-ordinates
based on the current datum.
(2) The regulations may authorise the Minister to issue an instrument varying a lease in force immediately before the changeover time for the sole purpose of relabelling the
lease area using geographic co-ordinates
based on the current datum.
(3) The regulations may authorise the Minister to issue an instrument varying a licence in force immediately before the changeover
time for the sole purpose of relabelling the licence area using geographic co-ordinates based on the current datum.
(4) The regulations may authorise the Minister

to issue an instrument varying a special
prospecting authority or an access authority
in force immediately before the changeover
time for the sole purpose of relabelling the
area in respect of which the authority is in
force using geographic co-ordinates based on
the current datum.

(5) The regulations may authorise the Minister

to issue an instrument varying a pipeline
licence in force immediately before the
changeover time for the sole purpose of
relabelling the route of the pipeline using
geographic co-ordinates based on the current
datum.

(6) The regulations may authorise the Minister

to issue an instrument varying any other
instrument under this Act that—

(a) sets out a point, line or area; and

(b)

is in force immediately before the changeover time—

Petroleum (Submerged Lands) (Amendment) Act 2001

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Act No. 91/2001

for the sole purpose of relabelling the point,
line or area using geographic co-ordinates
based on the current datum.
(7) The regulations may authorise the Minister

to issue an instrument varying a title or other
instrument under this Act for the sole
purpose of inserting an annotation about the
applicable datum.

151X. Variation of applications for titles

The regulations may authorise the Minister
to issue an instrument varying an application
for a title for the sole purpose of relabelling a
point, line or area by reference to geographic
co-ordinates based on the current datum.
151Y. No change to actual position of point, line
or area
This Part does not authorise any change to the position on the surface of the Earth of a point, line or area.

151Z. Transitional regulations
The regulations may make provision for matters of a transitional nature arising from the change from the previous datum to the current datum.

151ZA. Definitions
In this Part—
"Australian Geodetic Datum" means the
Australian Geodetic Datum as defined
in the Commonwealth Government
Gazette No. 84 of 6 October 1966;

Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001 s. 68
"instrument under this Act" does not include the regulations;
"this Act" includes the regulations;
"title" means a permit, lease, licence,
pipeline licence, special prospecting
authority or access authority.'.

68. Regulations

In section 152(4) of the Principal Act—

(a)

for paragraph (a) substitute— "(a) a fine not exceeding 110 penalty units
in the case of a natural person or
550 penalty units in the case of a body
corporate; or";

(b)

in paragraph (b), for "that amount" substitute "those amounts".

69. New First Schedule substituted
For the First Schedule to the Principal Act substitute—

"FIRST SCHEDULE

Section 2

TRANSITIONAL PROVISIONS

1. Application for renewal of permit
Despite the substitution of sub-section (6) of section 31 by section 28 of the Petroleum (Submerged Lands) (Amendment) Act 2001, that sub-section as in force immediately before the commencement of that section 28 continues to apply in respect of the first application after that commencement for the renewal of a permit that was granted under this Act before that commencement.

Petroleum (Submerged Lands) (Amendment) Act 2001

s. 69

Act No. 91/2001

2. Indefinite term for pipeline licences
(1) Section 67(1), as substituted by section 44 of the Petroleum
(Submerged Lands) (Amendment) Act 2001 applies to
pipeline licences in force immediately before the
commencement of that section 44 (including pipeline
licences that had been renewed under section 69 as in force
before that commencement or to which section 69(8) as so
in force applied) as well as to pipeline licences granted after
that commencement.

(2) A renewal of a pipeline licence that was in force under
section 70 immediately before the repeal of sub-section (3)
of that section continues, subject to Part III, to be subject to
any conditions referred to in that sub-section to which it was
subject immediately before the repeal.

3. Release of information

(1) Despite the repeal of section 118 by section 59 of the
Petroleum (Submerged Lands) (Amendment) Act 2001,
section 118 continues to apply in respect of information
given to the Minister before the commencement of that
section 59.
(2) Any regulations providing for the calculation of a fee for the
purposes of a provision of section 118 as in force
immediately before its repeal—

(a) continue in force for the purposes of that section as it continues to apply under sub-clause (1); and
(b) also separately continue in force as if they had been made for the purposes of the corresponding provision of Part IIIA.

(3) Any regulations in force under sub-clause (2)(a) or (b) may,

for the purposes of their application under that sub-clause,
be amended or revoked by regulations made under
section 152.".

70. Outdated Convention removed from Principal Act

The Second Schedule to the Principal Act is repealed.

71. Correction of reference to latitude
Petroleum (Submerged Lands) (Amendment) Act 2001

Act No. 91/2001

In the Third Schedule to the Principal Act, for
"Latitude 39º 40' 48" South" substitute "Latitude
38º 40' 48" South".

═══════════════
Petroleum (Submerged Lands) (Amendment) Act 2001

Endnotes

Act No. 91/2001

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 18 October 2001
Legislative Council: 27 November 2001
The long title for the Bill for this Act was "to amend the Petroleum
(Submerged Lands) Act 1982 to provide for infrastructure licences and
to make other amendments as a consequence of amendments to
Commonwealth law and for other purposes."

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Petroleum (Submerged Lands) (Amendment) Act 2001 (Vic)

Cases Citing This Decision

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6.	New Division 3A inserted in Part III	5
Division 3A—Infrastructure Licences	5

59A.	Construction etc. of infrastructure facilities	5
59B.	Application for infrastructure licence	6
59C.	Notification as to grant of an infrastructure licence	7
59D.	Notices to be given by Minister	7
59E.	Grant of infrastructure licence	9
59F.	Rights conferred by infrastructure licence	10
59G.	Term of infrastructure licence	10
59H.	Termination of infrastructure licence if no operations for
5 years	11
59J.	Conditions of infrastructure licence	12
59K.	Variation of infrastructure licence	12

9.	Further consequential amendments	20
10.	New section 108 substituted	22

11.	Further consequential amendments	23
12.	New section 140A inserted	24

13.	Time of payment of fees	24
14.	Further consequential amendments	24

17.	Definitions and interpretation	26
18.	New section 6A inserted	28

19.	Discontinuance of Australian Geodetic Datum	28
20.	Gender-neutral amendments	28
21.	Graticulation of Earth's surface	29
22.	Exploration for petroleum	29
23.	New section 21A inserted	30

24.	Grant or refusal of permit	31
25.	New sections 22AA, 22AB and 22AC inserted	31
22AA. Withdrawal by a joint applicant	31
22AB. Withdrawal of application	32
22AC. Effect of withdrawal or lapse of application	32
26.	Permits in respect of surrendered etc. blocks	33
27.	Term of permit	35
28.	Renewal of permit	36
29.	Discovery of petroleum	37
30.	Declaration of location	38
31.	Application for lease or renewal of lease	38
32.	New sections 38BB, 38BC and 38BD inserted	39
38BB. Application by licensee for lease	39
38BC. Grant or refusal of lease in relation to application by

33.	Application for renewal of lease	43
34.	Discovery of petroleum	44
35.	Recovery of petroleum without a licence	44
36.	Application for licence	44
37.	New section 43 substituted	45

38.	Grant of licence and variation of licence area	46
39.	Licences in respect of surrendered etc. blocks	47
40.	New section 53 substituted and 53A inserted	50

53.	Term of licence	50
53A.	Termination of licence if no operations for 5 years	50

41.	Renewal of licences	51
42.	Directions for recovery of petroleum and unit development	51
43.	Pipeline licences	52
44.	Term of pipeline licences	57
45.	New section 67A inserted	57

64.	Inspectors	73
65.	Enforcement, offences, forfeiture and service	74
66.	Areas to be avoided and safety zones	74
67.	New Parts IIIA and IIIB inserted	75
PART IIIA—RELEASE OF INFORMATION	75
Division 1—Preliminary	75
151H. Definitions	75

151J.	Ministers not to disclose documentary information or petroleum mining samples except in accordance with this Part or for administrative purposes	82
151K.	Making by Minister of documentary information or
petroleum mining samples available to other Ministers	82
151L.	Disclosure by Minister of information (other than
excluded information) or petroleum mining samples	83

151N.	Disclosure by Minister of documentary information or petroleum mining sample where prior publication made by holder of petroleum mining instrument	88
151O.	Disclosure by Minister of non-confidential derivative
information	90

151P.	Making and determination of objections to disclosure	91
151Q.	Review of decisions on objections	92

151S.	Australian Geodetic Datum	96
151T.	Current datum, previous datum and changeover time	97
151U.	Use of current datum	97
151V.	Use of previous datum	98

151X.	Variation of applications for titles	101
151Y.	No change to actual position of point, line or area	101
151Z.	Transitional regulations	101

68.	Regulations	102
69.	New First Schedule substituted	102
70.	Outdated Convention removed from Principal Act	103
71.	Correction of reference to latitude	103

In this Act, the Petroleum (Submerged Lands)	Act No.
Act 1982 is called the Principal Act.	9772/1982. Reprint No. 3
as at 15 October
1998 and
amending
Act Nos
74/2000 and
44/2001. LawToday:
dpc.vic.
gov.au

(a)	in sub-section (4), after "lease, licence" (where first and secondly occurring), insert ", infrastructure licence",
(b)

(c)	storing petroleum before it is transported to another place;
(d)	operations such as pumping or

Penalty:	330 penalty units or imprisonment for 5 years or both, in the case of a natural person;
1650 penalty units, in the case of a body corporate.

(a)	is to be made in an approved manner; and
(b)	is to be accompanied by particulars of the proposals of the applicant for the construction and operation of facilities at a place in the adjacent area, being a place described in the application; and
(c)	may set out any other matters that the applicant wishes to be considered; and
(d)	is to be accompanied by the prescribed fee.

(a)	in respect of the registered holder of a permit, lease, licence, infrastructure licence or pipeline licence if the registered holder has consented in writing to the grant of the proposed infrastructure licence; or
(b)	in respect of the registered holder of a special prospecting authority or an access authority if—

(i)	the registered holder has consented in writing to the grant of the proposed infrastructure licence; or
(ii)	the special prospecting authority or access authority will expire before any construction or operation of facilities under the proposed infrastructure licence would occur.

(a)	is to be made in the approved manner; and
(b)	is to be accompanied by particulars of the proposed variation; and
(c)	is to set out the reasons for the proposed variation; and
(d)	is to be accompanied by the prescribed fee.

(c)	has, by written notice served on the registered holder, given not less than one month's notice that the Minister is considering the application; and
(d)	has served a copy of the notice on such other persons (if any) as the Minister thinks fit; and

(ii)	after "lease, licence" insert ", infrastructure licence";
(b)	in sub-section (2), after "lease, licence" insert ", infrastructure licence".

(a)	in section 75AA, after "lease, licence" insert ", infrastructure licence";
(b)	in section 76(1), at the end of paragraphs (a), (b), (c), (d) and (e) insert "and";
(c)	in section 76(1), after paragraph (b) insert— "(ba) in the case of an infrastructure licence,