Petroleum (Submerged Lands) (Data Management) Amendment Regulations 2007 (No. 1) (Cth)

Petroleum (Submerged Lands) (Data Management) Amendment Regulations 2007 (No. 1)¹

Select Legislative Instrument 2007 No. 316

I, PHILIP MICHAEL JEFFERY, 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 26 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

IAN MACFARLANE

Minister for Industry, Tourism and Resources

Name of Regulations

These Regulations are the Petroleum (Submerged Lands) (Data Management) Amendment Regulations 2007 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Petroleum (Submerged Lands) (Data Management) Regulations 2004

Schedule 1 amends the Petroleum (Submerged Lands) (Data Management) Regulations 2004.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 4, after definition of nominated address

insert

non‑exclusive data, for geophysical data, means data that is made available for sale to any potential buyer.

[2] Regulation 4, definition of seismic data grid, subparagraph (c) (i)

substitute

(i)5 kilometres in length by 5 kilometres in breadth; or

[3] Subregulation 29 (3), table, item 1, column 2

omit

unless item 6 applies

insert

unless item 6 or 7 applies

[4] Subregulation 29 (3), table, item 2, column 2

omit

unless item 6 applies

insert

unless item 6 or 7 applies

[5] Subregulation 29 (3), table, item 3, column 2

omit

unless item 6 applies

insert

unless item 6 or 7 applies

[6] Subregulation 29 (3), table, item 4, column 2

omit

unless item 5 or 6 applies

insert

unless item 5, 6 or 7 applies

[7] Subregulation 29 (3), table, items 5 and 6

substitute

5	Permit, lease or licence for an area if: (a) the area was a vacant area when the activity was completed; and	Not applicable	The end of 6 years after the activity was completed
(b) the documentary information was collected as non‑exclusive data This item applies unless item 6 or 7 applies
6	If: (a) the activity relating to the title is the collection of 3‑dimensional (3D) seismic data collected as non‑exclusive data; and (b) a person who buys the 3D data is entitled to reprocess it in any way; and (c) the Designated Authority has been given 2‑dimensional (2D) information derived from the 3D seismic survey, contained in a seismic data grid extending over the area of the survey	Not applicable	If either of the 2D or 3D data is licensed as part of a work program: (a) for the 2D data extracted from the 3D data — the end of 5 years after the activity was completed; and (b) for the 3D data — the end of 15 years after the activity was completed
If neither of the 2D or 3D data is licensed as part of a work program: (a) for the 2D data extracted from the 3D data — the end of 6 years after the activity was completed; and
(b) for the 3D data — the end of 15 years after the activity was completed
7	If: (a) the activity relating to the title is the collection of 2‑dimensional (2D) seismic data collected as non‑exclusive data; and (b) a person who buys the 2D data is entitled to reprocess it in any way	Not applicable	The end of 15 years after the activity was completed

[8] Regulation 36

substitute

Storage of documentary information and petroleum mining samples

(1)A holder must keep documentary information and petroleum mining samples in Australia unless the Designated Authority has authorised a holder to keep documentary information or petroleum mining samples outside Australia.

Penalty: 10 penalty units.

Note The holder may be in possession of the information or samples in accordance with an accepted DMP or in accordance with conditions imposed under subregulation 28 (3).

(2)It is a defence to a prosecution under subregulation (1) if the Designated Authority has authorised the holder to keep the information or samples outside Australia.

Note A defendant bears an evidential burden in relation to the matter in subregulation (2) (see subsection 13.3 (3) of the Criminal Code).

(3)If the Designated Authority has authorised a holder to keep documentary information or petroleum mining samples outside Australia, the holder must ensure that the information or samples are returned to Australia not later than:

(a)12 months after the authorisation is given; or

(b)a longer period authorised by the Designated Authority.

Penalty: 10 penalty units.

(4)If the Designated Authority has authorised a holder to keep a core, plug or cutting outside Australia for the purpose of analysis, the holder must give the Designated Authority a report about the progress of the analysis not later than:

(a)12 months after the authorisation is given; and

(b)the end of each subsequent period of 12 months.

Penalty: 10 penalty units.

(5)A holder must keep securely documentary information and petroleum mining samples that are in the holder’s possession.

Penalty: 10 penalty units.

Note The holder may be in possession of the information or samples in accordance with an accepted DMP or in accordance with conditions imposed under subregulation 28 (3).

(6)A holder must keep documentary information and petroleum mining samples in a way that makes retrieval of the document or other sample reasonably practicable.

Penalty: 10 penalty units.

Note The holder may be in possession of the information or samples in accordance with an accepted DMP or in accordance with conditions imposed under subregulation 28 (3).

(7)It is a defence to a prosecution under subregulation (1), (3), (4), (5) or (6) if the defendant has a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (7) (see subsection 13.3 (3) of the Criminal Code).

[9] Schedule 1, item 204

omit

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See