Petroleum (Submerged Lands)
No. 1 of 1968
An Act to amend sections 16 and 146 of the Petroleum (Submerged Lands) Act 1967.
[Assented to 29 March 1968]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Petroleum (Submerged Lands) Act 1968.
(2.) The Petroleum (Submerged Lands) Act 1967 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Petroleum (Submerged Lands) Act 1967-1968.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Designated Authorities—Territories.
3. Section 16 of the Principal Act is amended—
(a) by omitting sub-section (1.) and inserting in its stead the following sub-sections:—
“(1.) The Designated Authority in respect of—
(a) the adjacent area that is the area specified in the Second Schedule to this Act as being adjacent to the Northern Territory of Australia; and
(b) the adjacent area that is the area specified in that Schedule as being adjacent to the Territory of Ashmore and Cartier Islands,
is the Minister of State for the Interior.
“(1a.) The Designated Authority in respect of—
(a) the adjacent area that is the area specified in the Second Schedule to this Act as being adjacent to the Territory of Papua; and
(b) the adjacent area that is the area specified in that Schedule as being adjacent to the Territory of New Guinea,
is the Minister of State for External Territories.";
(b) by omitting from sub-section (2.) the words “The Minister of State for Territories, as the Designated Authority in respect of such an area” and inserting in their stead the words “A Minister referred to in either of the last two preceding sub-sections, as the Designated Authority in respect of an adjacent area”; and
(c) by omitting from sub-section (4.) the words "the Minister of State for Territories" and inserting in their stead the words "the Minister making the delegation".
The Barracouta and Marlin Fields Petroleum Production Licences to have effect as production licences for petroleum under this Act.
4. Section 146 of the Principal Act is amended by omitting from paragraph (a) of sub-section (2.) the figures “43” and inserting in their stead the figures “44”.
Overview
The Petroleum (Submerged Lands) Act 1968, enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, aims to amend sections 16 and 146 of the Petroleum (Submerged Lands) Act 1967. This Act addresses the need to update the roles of Designated Authorities in relation to petroleum exploration and production in certain submerged lands adjacent to specific Australian territories. The policy objective is to ensure that the appropriate ministers are designated as authorities for managing petroleum activities in these areas. The Act came into operation upon receiving Royal Assent, and it specifically adjusts the designation of authorities for the Northern Territory, Ashmore and Cartier Islands, Papua, and New Guinea, clarifying their respective roles in overseeing petroleum production in adjacent submerged lands.
Scope and Application
The Petroleum (Submerged Lands) Act 1968 applies to the regulation of petroleum exploration and production activities in the submerged lands adjacent to certain Australian territories. Specifically, the Act designates the Minister of State for the Interior as the Designated Authority for the areas adjacent to the Northern Territory and the Territory of Ashmore and Cartier Islands, and the Minister of State for External Territories for the areas adjacent to the Territory of Papua and the Territory of New Guinea. The Act aims to amend the Petroleum (Submerged Lands) Act 1967 to ensure that the Barracouta and Marlin Fields Petroleum Production Licences are recognised as valid production licences under the Act. The geographic reach of the Act is limited to the specified submerged lands adjacent to the mentioned territories, thereby establishing a clear jurisdictional framework for petroleum activities within these areas. The Act does not specify any exclusions, exemptions, or thresholds, nor does it indicate any extensions or restrictions through subordinate instruments.
Key Provisions
The Petroleum (Submerged Lands) Act 1968 amends sections 16 and 146 of the Petroleum (Submerged Lands) Act 1967. Section 3 of the Act modifies the role of Designated Authorities by specifying the Minister responsible for different adjacent areas. The Minister of State for the Interior becomes the Designated Authority for the adjacent areas adjacent to the Northern Territory and the Territory of Ashmore and Cartier Islands. Similarly, the Minister of State for External Territories becomes the Designated Authority for the areas adjacent to the Territory of Papua and the Territory of New Guinea. This redefinition removes the previous authority of the Minister of State for Territories, updating the delegation process to involve the respective Ministers for each area. Section 4 of the Act ensures that the Barracouta and Marlin Fields Petroleum Production Licences will continue to operate as production licences under this Act by correcting a numerical reference in Section 146 of the Principal Act.
The Act imposes clear obligations on the Designated Authorities. Each Minister, as Designated Authority for specific areas, must oversee and regulate petroleum production activities within their designated adjacent areas. This includes granting, modifying, and revoking petroleum production licences, as well as ensuring compliance with the Act and any subsidiary regulations. The Act mandates that the Minister must perform these duties diligently, reflecting the legislative intent to maintain oversight and control over submerged lands petroleum activities in the specified territories.
Failure to comply with the provisions of the Petroleum (Submerged Lands) Act 1968 can result in both civil and criminal consequences. While the Act does not explicitly outline specific offences or penalties, breaches of the Act could lead to legal action under general statutory provisions or related regulations. Violators may face fines, imprisonment, or both, depending on the severity of the breach and the specific laws applicable at the time. The exact penalties would be determined in accordance with the broader legal framework governing petroleum activities and environmental regulations in Australia.