Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985
Act No. 83 of 1985 as amended
[Note: This Act is repealed by Act No. 93 of 1994]
This compilation was prepared on 29 September 2000
taking into account amendments up to Act No. 93 of 1994
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Incorporation.................................
4 Lease 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 retention leases under the Petroleum (Submerged Lands) Act 1967
1 Short title [see Note 1]
This Act may be cited as the Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985.
2 Commencement [see Note 1]
This Act shall come into operation on the day on which section 5 of the Petroleum (Submerged Lands) Amendment Act 1985 comes into operation.
3 Incorporation
The Petroleum (Submerged Lands) Act 1967 is incorporated and shall be read as one with this Act.
4 Lease fees
(1) There is payable to the Designated Authority by a lessee, in respect of each year of the term of the lease, a fee calculated in accordance with the regulations.
(2) A fee referred to in subsection (1) is due and payable at the end of one month after:
(a) in the case of the first year of the term of the lease—the day on which that term commenced; and
(b) in the case of a year of the term of the lease other than the first—the anniversary of that day.
5 Penalty for late payment
If an amount of a fee referred to in section 4 remains unpaid after the time when it became due and payable, an additional amount is due and payable by way of penalty by the lessee to the Designated Authority at the rate of one‑third of 1% per day on the amount unpaid, computed from that time.
6 Fees and penalties debts due to the Commonwealth
(1) A fee under section 4 or an amount payable under section 5 is a debt due by the lessee to the Commonwealth and is recoverable in a court of competent jurisdiction.
(2) Fees and other amounts referred to in subsection (1) received by the Designated Authority shall be received by the Designated Authority on behalf of the Commonwealth.
7 Regulations
The Governor‑General may make regulations for the purposes of section 4.
Notes to the Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985
Note 1
The Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985 as shown in this compilation comprises Act No. 83, 1985 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985 | 83, 1985 | 6 June 1985 | 2 Dec 1985 (see s. 2 and Gazette 1985, No. S506) | |
Primary Industries and Energy Legislation Amendment Act (No. 2) 1989 | 15, 1990 | 17 Jan 1990 | S. 3: 1 Mar 1990 (see Gazette 1990, No. S52) (a) | — |
Petroleum (Submerged Lands) Legislation Amendment Act 1994 | 93, 1994 | 29 June 1994 | Part 4: 1 July 1994
Remainder: Royal Assent | — |
|
(a) The Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985 was amended by section 3 only of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1989, paragraph 2(2)(f) of which provides as follows:
(2) Subject to subsection (3), the amendments of:
(f) the Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985; and
made by this Act commence on a day or days to be fixed by Proclamation.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 4.................... | am. No. 15, 1990 |
S. 7.................... | ad. No. 15, 1990 |
Overview
The Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985, Act No. 83 of 1985, was enacted by the Parliament of Australia to address the need for the payment of fees in respect of retention leases under the Petroleum (Submerged Lands) Act 1967. This legislation was introduced to ensure that lessees of submerged lands for petroleum activities contribute financially by way of fees, which would be payable to the Designated Authority. The primary objective of this Act is to regulate the payment of lease fees and the imposition of penalties for late payments, thereby ensuring a systematic and accountable process for the financial contributions required under retention leases.
The Act was repealed by the Petroleum (Submerged Lands) Legislation Amendment Act 1994 (Act No. 93 of 1994), which likely introduced a new legislative framework or amended existing provisions to better suit the needs of the petroleum industry and the management of submerged lands. The Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985 was designed to integrate seamlessly with the Petroleum (Submerged Lands) Act 1967, ensuring that the fees and penalties were collected efficiently and managed in accordance with the overarching objectives of the petroleum legislation.
Scope and Application
The Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985 applies to lessees who hold retention leases under the Petroleum (Submerged Lands) Act 1967. This Act requires these lessees to pay fees to the Designated Authority, which is the Commonwealth authority responsible for collecting such fees. These fees are calculated in accordance with the regulations and are payable annually. The Act establishes the obligations for lessees in terms of payment timelines and imposes penalties for late payments, which are calculated at a rate of one-third of 1% per day on the amount unpaid. The Act also specifies that any fees or penalties owed to the Commonwealth are recoverable through a court of competent jurisdiction. The geographic reach of this Act is federal, applying across the Commonwealth of Australia as it pertains to submerged lands and petroleum activities governed by the Petroleum (Submerged Lands) Act 1967. The Act can be further extended or modified through subordinate regulations made by the Governor-General.
Key Provisions
The Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985 (the Act) provides for the payment of fees in respect of retention leases under the Petroleum (Submerged Lands) Act 1967. Section 4(1) mandates that there is payable to the Designated Authority by a lessee, in respect of each year of the term of the lease, a fee calculated in accordance with regulations. This fee is due and payable at the end of one month after the lease term commences for the first year, and on the anniversary of the commencement date for subsequent years (subsection 4(2)).
The Act imposes several obligations on the lessees of submerged lands under the Petroleum (Submerged Lands) Act 1967. Primarily, lessees must ensure that lease fees are calculated correctly and paid by the specified due dates as outlined in section 4. The Act also requires that any unpaid fees incur a penalty at the rate of one-third of 1% per day on the unpaid amount from the time it becomes due, as per section 5. Furthermore, section 6 makes it clear that any fee or penalty due under the Act is a debt owed to the Commonwealth, and is recoverable in a court of competent jurisdiction.
Failure to comply with the Act’s requirements can lead to significant financial consequences. Under section 5, the penalty for late payment of lease fees is one-third of 1% per day on the amount unpaid. Additionally, section 6 establishes that fees and penalties are debts due to the Commonwealth, meaning they can be pursued through legal action. The Act itself does not specify maximum penalties, but the enforcement of these debts in court may result in various civil and potentially criminal consequences, depending on the jurisdiction and the nature of the breach.