Petroleum (Submerged Lands) (Exploration Permit Fees)
No. 120 of 1967
An Act to provide for the payment of Fees in respect of Permits to prospect for Petroleum in Submerged Lands adjacent to the Australian Coast and to the Coasts of certain Territories of the Commonwealth.
[Assented to 22 November 1967]
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.
1. This Act may be cited as the Petroleum (Submerged Lands) (Exploration Permit Fees) Act 1967.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Incorporation.
3. The Petroleum (Submerged Lands) Act 1967 is incorporated and shall be read as one with this Act.
Permit fees.
4.—(1.) There is payable to the Designated Authority by a permittee, in respect of each year of the term of the permit—
(a) a fee of One hundred dollars; or
(b) a fee calculated at the rate of Five dollars for each of the blocks to which the permit relates at the commencement of that year,
whichever is the greater.
(2.) A fee referred to in the last preceding sub-section is payable within one month after—
(a) in the case of the first year of the term of the permit—the day on which that term commenced; and
(b) in the case of a year of the term of the permit other than the first—the anniversary of that day.
Penalty for late payment.
5. Where the liability of a permittee to pay a fee referred to in the last preceding section is not discharged at or before the time when the fee is payable, there is payable to the Designated Authority by the permittee an additional amount calculated at the rate of one-third of one per centum per day upon the amount of the fee from time to time remaining unpaid, to be computed from the time when the fee became payable until it is paid.
Fees and penalties debts due to the Commonwealth.
6. A fee under section 4 of this Act, or an amount payable under the last preceding section, is a debt due by the permittee to the Commonwealth and is recoverable in a court of competent jurisdiction.
Overview
The Petroleum (Submerged Lands) (Exploration Permit Fees) Act 1967 was enacted to establish a framework for the payment of fees for exploration permits related to petroleum in submerged lands around the Australian coast and certain territories. This Act, assented to on 22 November 1967, was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation is to ensure that permittees pay specified fees for the exploration of petroleum in submerged lands, with penalties for late payment. The fees are payable either as a fixed annual amount or as a variable rate per block, whichever is greater, and are due within a month of the permit's commencement or its anniversary. Failure to pay the fees on time results in additional penalties, which are also debts due to the Commonwealth and recoverable in court.
Scope and Application
The Petroleum (Submerged Lands) (Exploration Permit Fees) Act 1967 applies to any individual or entity holding an exploration permit for petroleum in submerged lands adjacent to the Australian coast and the coasts of certain territories of the Commonwealth. The Act mandates the payment of fees to the Designated Authority, either a fixed annual fee or a variable fee calculated based on the number of blocks covered by the permit, whichever is greater. It outlines the payment schedule, with fees due annually on the anniversary of the permit's commencement. The Act also imposes penalties for late payment, calculated at a rate of one-third of one per centum per day on the outstanding fee, and stipulates that such fees and penalties are debts due to the Commonwealth, recoverable in a court of competent jurisdiction. The Act’s scope extends nationally, encompassing all relevant submerged lands under Commonwealth jurisdiction, and it does not explicitly mention any exclusions or exemptions beyond those detailed within its provisions. The Act may be extended or modified through subordinate instruments, but this is not explicitly stated within the primary text.
Key Provisions
The Petroleum (Submerged Lands) (Exploration Permit Fees) Act 1967 (referred to as the Act) governs the payment of fees for exploration permits related to petroleum in submerged lands off the Australian coast and certain territories of the Commonwealth. Under section 4, permit holders must pay a fee of either one hundred dollars per year or five dollars for each block covered by the permit, whichever is greater. This fee is due one month after the commencement of the permit term and annually thereafter. The Act specifies that fees are payable to the Designated Authority, which is likely the body responsible for managing petroleum exploration permits within the Commonwealth.
The Act imposes clear obligations on permit holders. They must ensure timely payment of the stipulated fees as per section 4(2). Failure to pay the fees on time results in additional penalties, which are calculated at a rate of one-third of one per centum per day on the unpaid amount, as outlined in section 5. These penalties accrue from the date the fee was due until it is eventually paid. Moreover, both the fees and any penalties resulting from late payments are considered debts owed to the Commonwealth, as stated in section 6. This makes them recoverable in a court of competent jurisdiction, ensuring that the Commonwealth can enforce payment if necessary.
Breaches of the Act, particularly failure to pay the prescribed fees and penalties, result in financial liabilities for the permit holders. Under section 5, late payments incur a daily penalty of one-third of one per centum on the unpaid fee, which continues to accumulate until the fee is settled. Additionally, section 6 confirms that these unpaid fees and penalties are debts due to the Commonwealth, which can be pursued in court. The Act does not specify maximum penalties for non-payment, but it allows for legal action to be taken against permit holders who fail to meet their financial obligations under the Act.