EXPLANATORY STATEMENT
Subject - Petroleum (Submerged Lands) Act 1967
Petroleum (Submerged Lands) Regulations
Statutory Rules 1987 No. 293
Section 157(1) of the Petroleum (Submerged Lands) Act 1967 provides for the Governor-General to make Regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed for carrying out or giving effect to this Act. Subsection 11(1) of the Petroleum (Submerged Lands) Legislation Amendment Act 1987 (Act No 106, Assented to on 13 November 1987) amends section 81 of the Petroleum (Submerged Lands) Act 1967 and provides that the Regulations may prescribe particulars of an instrument which may accompany an application under section 81 to register a dealing affecting an interest in a title.
The proposed Regulation, being Regulation 4, is to be made under the powers conferred by the Petroleum (Submerged Lands) Act 1967 as amended by section 11 of the Petroleum (Submerged Lands) Legislation Amendment Act 1987. That section is not yet in force. For this reason the proposed Regulation purports to be made pursuant to section 4 of the Acts Interpretation Act 1901. That section enables Regulations to be made before the enabling Act is in operation and if so made, the Regulations would take effect either on the day on which that Act comes into operation or on the day on which the Regulations would have taken effect if that Act had been in operation when the Regulations were made, whichever is the later. Section 4 of the Acts Interpretation Act 1901 and the proclamation of section 11 of the Petroleum (Submerged Lands) Legislation Amendment Act 1987 (Executive Council Minute No 30 refers) on 1 January 1988 will ensure that the proposed Regulation will commence on that day.
The Regulation sets out the particulars to be contained in the instrument referred to in paragraph 81(4)(b) of the Petroleum (Submerged Lands) Act 1967 which may, at the applicant’s discretion, accompany an application to register a dealing affecting an interest in an offshore petroleum title. Whenever a paragraph 81(4)(b) instrument is lodged with an application then that instrument, rather than the instrument evidencing the dealing (paragraph 81(4)(a) refers), is available for public inspection. This gives effect to the Government’s intention that commercially sensitive information contained in the instrument evidencing the dealing should remain confidential.
Authority: Subsection 157(1) of the Petroleum (Submerged Lands) Act 1967
Overview
The Petroleum (Submerged Lands) Act 1967, enacted by the Australian Parliament, addresses the legal framework for the exploration and exploitation of petroleum resources on submerged lands within Australian jurisdiction. The Act establishes the rights and responsibilities of parties involved in petroleum activities, including the registration of dealings affecting interests in offshore petroleum titles. The 1987 Amendment Act introduced provisions to refine the regulatory requirements, enabling the Governor-General to make regulations that ensure the smooth operation of the Act. The explanatory statement outlines the intent behind Regulation 4, which is designed to specify the details to be included in an instrument accompanying an application to register such dealings. This regulation aims to protect commercially sensitive information by allowing a separate instrument to be available for public inspection instead of the one evidencing the actual dealing, thereby maintaining confidentiality where appropriate. The proposed regulation is set to commence on 1 January 1988, pursuant to the authority granted by section 157(1) of the Petroleum (Submerged Lands) Act 1967.
Scope and Application
The Petroleum (Submerged Lands) Act 1967, as amended, governs the regulation and administration of petroleum activities in submerged lands within the Australian jurisdiction. This Act applies to all entities and individuals engaged in the exploration, production, and other activities relating to petroleum resources found in submerged lands off the coast of Australia, including the Commonwealth, state, and territorial waters. The Act ensures the sustainable and responsible exploitation of these resources by establishing a framework for licensing, environmental protection, and revenue sharing. The Act’s application extends to all offshore petroleum titles and the transactions associated with these titles, encompassing the entire chain of dealings from exploration to production. Additionally, the Act incorporates regulations and subordinate instruments that can further specify operational details, thereby extending or restricting its application as necessary. Notably, the Act excludes certain activities and entities that fall under different legislative regimes, such as those regulated by state laws or other federal statutes, ensuring a coordinated approach to offshore petroleum governance.
Key Provisions
The main operative sections of the Petroleum (Submerged Lands) Regulations Statutory Rules 1987 No. 293 concern the details required for an instrument that may accompany an application under section 81 of the Petroleum (Submerged Lands) Act 1967 to register a dealing affecting an interest in an offshore petroleum title (section 4). Specifically, Regulation 4 outlines the particulars that should be included in this instrument. This regulation is made under the authority provided by section 157(1) of the Act, which allows the Governor-General to prescribe regulations for carrying out or giving effect to the Act. The regulation is designed to ensure that the instrument accompanying an application to register a dealing can be made available for public inspection, while keeping commercially sensitive information contained in the instrument evidencing the dealing confidential.
The obligations imposed by the Petroleum (Submerged Lands) Act 1967, as supplemented by these Regulations, require applicants to provide specific particulars in the instrument that accompanies their application to register a dealing. This includes ensuring that the instrument is available for public inspection unless it contains commercially sensitive information, in which case the sensitive details should be kept confidential. The Act and Regulations mandate that the information provided in the instrument must be clear and comprehensive to facilitate the proper administration and oversight of offshore petroleum activities.
Breaching the obligations set out in the Petroleum (Submerged Lands) Act 1967 and the accompanying Regulations can lead to various consequences. For instance, if an applicant fails to provide the required particulars in the instrument, the application to register the dealing may be deemed incomplete and could be rejected. Such non-compliance may also result in civil or administrative penalties, although specific penalties are not detailed in the explanatory statement. Additionally, there may be implications for the confidentiality of sensitive information if it is inadvertently disclosed during the application process, potentially leading to further regulatory or legal action.
The potential penalties for breaches of the Petroleum (Submerged Lands) Act 1967 and the associated Regulations are not explicitly detailed in the explanatory statement. However, it is clear that non-compliance can have serious administrative consequences, including the potential rejection of an application to register a dealing. In cases where confidential information is improperly disclosed, there could be additional civil or criminal penalties, although the exact nature and severity of these penalties are not specified in the provided text. The overarching intent is to ensure that the Act and Regulations are followed strictly to maintain the integrity and confidentiality of offshore petroleum title dealings.