Petroleum (Submerged Lands) (Pipeline Licence Fees) Amendment Act 1980

Overview

The Petroleum (Submerged Lands) (Pipeline Licence Fees) Amendment Act 1980 was enacted to address the need for updating the fee structure associated with pipeline licences under the Petroleum (Submerged Lands) Act 1967. This Act was passed by the Queen, in accordance with the authority of the Parliament of the Commonwealth of Australia, to ensure that the legislative framework remains current and reflective of economic changes since the original Act's enactment. The primary objective of the 1980 amendment was to adjust the financial obligations for those licensed to construct, maintain, and operate pipelines over or under submerged lands by updating the fee rates. The amendment also clarified the handling of fees and penalties, ensuring they are collected on behalf of the Commonwealth by the Designated Authority.

Scope and Application

The Petroleum (Submerged Lands) (Pipeline Licence Fees) Amendment Act 1980 applies to any entities or persons holding a pipeline licence under the Petroleum (Submerged Lands) Act 1967, particularly those involved in the construction, maintenance, or operation of pipelines over or under submerged lands within Australian jurisdiction. The Act modifies the fee structure previously established by the Petroleum (Submerged Lands) (Pipeline Licence Fees) Act 1967, specifically updating the fee rate from twenty dollars per mile to $40 per kilometre. Notably, this amendment does not retroactively affect fees for licence terms that commenced before the Act's commencement date. Geographically, the Act operates within the Commonwealth of Australia, and it does not specify any exclusions or exemptions from its application. Any further implementation details or additional modifications to the application of the Act may be provided through subordinate instruments, as authorised under the principal legislation.

Key Provisions

The Petroleum (Submerged Lands) (Pipeline Licence Fees) Amendment Act 1980 primarily focuses on amending the fees associated with pipeline licences under the Petroleum (Submerged Lands) Act 1967. Section 4 of the Act adjusts the fee structure, changing the rate from twenty dollars per mile to $40 per kilometre or portion thereof (s. 4(1)). This amendment applies to licences that commence on or after the date of the Act's commencement, ensuring that existing licences are not retroactively affected (s. 4(2)). Additionally, Section 5 introduces a new sub-section (s. 6(2)) clarifying that fees and penalties due to the Commonwealth are to be received by the Designated Authority on behalf of the Commonwealth. This ensures that all monies collected under the Act are appropriately accounted for and managed. The obligations imposed by this Act include the payment of the amended fees for pipeline licences, with the new rate applying to any new licences issued after the Act's commencement. The Designated Authority is mandated to collect these fees on behalf of the Commonwealth, ensuring that the revenue is properly managed and accounted for (s. 6(2)). The Act also requires the continued adherence to the terms and conditions set out in the original Petroleum (Submerged Lands) Act 1967, while introducing the specific amendments concerning fee structures and the handling of collected fees. Breaching the provisions of this Act can lead to various consequences. Although the Act does not explicitly outline specific offences, penalties, or consequences for non-compliance, it is likely that breaches would be treated under the existing framework of the Petroleum (Submerged Lands) Act 1967. This could include civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for such breaches would typically be determined by the courts, taking into account the specific circumstances of the case and the applicable laws in force at the time of the offence. The Designated Authority is empowered to enforce compliance with the Act, ensuring that all pipeline licence holders adhere to the amended fee structures and other regulatory requirements.