Petroleum (Submerged Lands) Amendment Regulations 2000 (No. 1) (Cth)
Petroleum (Submerged Lands) Amendment Regulations 2000 (No. 1)
Statutory Rules 2000 No. 248
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the
Petroleum (Submerged Lands) Act 1967 . Dated 29 August 2000
WILLIAM DEANE
Governor-General
By His Excellency’s Command
nick minchin
Minister for Industry, Science and Resources
made under the
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These Regulations are the
Petroleum (Submerged Lands) Amendment Regulations 2000 (No. 1) .
These Regulations commence on the commencement of
item 34 of Schedule 1 to the
Petroleum (Submerged Lands) Legislation Amendment Act (No. 1) 2000 .
Schedule 1 amends the Petroleum (Submerged Lands) Regulations.
(regulation 3)
substitute
1 Name of Regulations These Regulations are the
Petroleum (Submerged Lands) Regulations 1985 .
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2A Particulars relating to a petroleum discovery
(1) If petroleum is discovered in a permit area or a lease area, the Designated Authority by written notice may require the permittee or lessee to give to the Designated Authority particulars in writing of 1 or more of the following:
(a) the chemical composition and physical properties of the petroleum;
(b) the nature of the subsoil in which the petroleum occurs;
(c) any other matter relating to the discovery that:
(i) the Designated Authority has reason to believe is within the knowledge of the permittee or lessee; and
(ii) is specified by the Designated Authority in the notice.
(2) A permittee or lessee must not:
(a) fail to comply with a requirement made and notified in accordance with this regulation; or
(b) in purported compliance with a requirement, give information that is false or misleading in a material particular.
Penalty: 100 penalty units.
(3) A permittee or lessee is not excused from complying with a requirement in a notice under subregulation (1) to give particulars of a matter on the ground that any information so given might tend to incriminate the permittee or lessee or expose the permittee or lessee to a penalty.
(4) However, any information given in compliance with a requirement in a notice, and any information or thing (including any document) obtained by the Designated Authority as a direct or indirect consequence of giving such information, is not admissible in evidence against the permittee or lessee in any civil or criminal proceedings other than proceedings for an offence against subregulation (2).
(5) A notice under subregulation (1):
(a) must specify:
(i) for particulars of a matter mentioned in paragraph (1) (a) or (b) — a reasonable period within which the particulars must be given; and
(ii) for particulars of a matter mentioned in paragraph (1) (c) — a period of at least 14 days within which the particulars must be given; and
(b) must be served on the permittee or lessee.
2B Determination of the composition and quantity of petroleum discovered
(1) If petroleum is discovered in a permit area or a lease area, the Designated Authority by written notice may require the permittee or lessee to do such things as are reasonably necessary and are set out in the notice to determine:
(a) the chemical composition and physical properties of the petroleum; and
(b) the quantity of petroleum in the petroleum pool to which the discovery relates or, if only part of the petroleum pool is within the permit area or lease area, in the part of the petroleum pool that is within the permit area or lease area.
(2) A permittee or lessee must not fail to comply with a requirement made and notified in accordance with this regulation.
Penalty: 100 penalty units.
(3) A notice under subregulation (1) must:
(a) specify a reasonable period within which the things must be done; and
(b) be served on the permittee or lessee.
2C Survey of wells, structures or equipment
(1) The Designated Authority by written notice may require a person who is a permittee, lessee, licensee, infrastructure licensee or pipeline licensee to:
(a) survey the position of the well, pipeline, infrastructure facility, structure or equipment specified in the notice; and
(b) give a written report of the survey to the Designated Authority.
(2) If the Designated Authority is not satisfied with a report given by a person under subregulation (1), the Designated Authority by written notice may require the person to give further information, in writing, about the survey to the Designated Authority.
(3) A person must not:
(a) fail to comply with a requirement made and notified in accordance with this regulation; or
(b) in purported compliance with a requirement, give information that is false or misleading in a material particular.
Penalty: 100 penalty units.
(4) A notice under subregulation (1) or (2) must:
(a) specify a reasonable period within which:
(i) for a notice under subregulation (1) — the survey must be done and the report given; or
(ii) for a notice under subregulation (2) — the information must be given; and
(b) be served on the person.
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Schedule 2 Prescribed Fees (regulation 5)
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1. These Regulations amend Statutory Rules 1985 No. 174, as amended by 1987 No. 293; 1990 No. 54.
2. Made by the Governor-General on 29 August 2000, and notified in the
Commonwealth of Australia Gazette on 5 September 2000.
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