Petroleum (Submerged Lands) Fees Act 1994

Petroleum (Submerged Lands) Fees Act 1994

Act No. 81 of 1994 as amended

[Note: This Act was repealed by Act No. 17 of 2006 on 1 July 2008]

This compilation was prepared on 9 May 2001
taking into account amendments up to Act No. 28 of 2001

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

1 Short title [see Note 1]...........................

2 Commencement...............................

3 Incorporation.................................

4 Fees......................................

5 Penalty for late payment..........................

6 Fees and penalties debts due to the Commonwealth..........

7 Regulations..................................

Notes

An Act to provide for the payment of fees in respect of permits, leases and licences under the Petroleum (Submerged Lands) Act 1967

1  Short title [see Note 1]

  This Act may be cited as the Petroleum (Submerged Lands) Fees Act 1994.

2  Commencement

  This Act commences on 1 July 1994.

3  Incorporation

  The Petroleum (Submerged Lands) Act 1967 is incorporated with this Act and is to be read as one with this Act.

4  Fees

 (1) The holder of:

 (a) an exploration permit (other than one granted under section 22B of the Petroleum (Submerged Lands) Act 1967); or

 (b) a retention lease; or

 (c) a production licence; or

 (ca) an infrastructure licence; or

 (d) a pipeline licence;

must pay a fee in respect of each year of the term of the permit, lease or licence.

 (2) The fee:

 (a) is payable to the Designated Authority; and

 (b) is to be specified in, or calculated in accordance with, the regulations.

 (3) The fee for the first year of the term of the permit, lease or licence is payable within one month after the day on which the term commences.

 (4) The fee for a subsequent year of the term of the permit, lease or licence is payable within one month after the anniversary of the day on which the first year of the term commences.

 (5) A fee is not payable under this Act for a year of the term of the permit, lease or licence if a fee is payable for that year of the term under:

 (a) the Petroleum (Submerged Lands) (Exploration Permit Fees) Act 1967; or

 (b) the Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985; or

 (c) the Petroleum (Submerged Lands) (Production Licence Fees) Act 1967; or

 (d) the Petroleum (Submerged Lands) (Pipeline Licence Fees) Act 1967.

5  Penalty for late payment

 (1) If the holder of the permit, lease or licence does not discharge the liability to pay the fee at or before the time when the fee becomes payable, the holder must pay an additional amount to the Designated Authority.

 (2) The additional amount is to be:

 (a) calculated at the rate of one‑third of a percent per day upon the amount of the fee remaining unpaid; and

 (b) computed from the time when the fee became payable until the time when it is paid.

6  Fees and penalties debts due to the Commonwealth

 (1) An amount payable under section 4 or 5 is a debt due by the holder to the Commonwealth.

 (2) An amount payable under section 4 or 5 is recoverable in a court of competent jurisdiction.

 (3) The fees and additional amounts received by the Designated Authority are received by the Designated Authority on behalf of the Commonwealth.

7  Regulations

  The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Notes to the Petroleum (Submerged Lands) Fees Act 1994

Note 1

The Petroleum (Submerged Lands) Fees Act 1994 as shown in this compilation comprises Act No. 81, 1994 amended as indicated in the Tables below.

Table of Acts

(a) The Petroleum (Submerged Lands) Fees Act 1994 was amended by Schedule 2 only of the Petroleum (Submerged Lands) Legislation Amendment Act (No. 1) 2000, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(b) The Petroleum (Submerged Lands) Fees Act 1994 was amended by Schedule 2 only of the Petroleum (Submerged Lands) Legislation Amendment Act 2001, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

Table of Amendments