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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Petroleum and Energy Legislation Amendment
Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Petroleum and Geothermal
Energy Resources Act 1967
amended
3. Act amended 3
4. Section 5 amended 3
5. Section 6A inserted 4
6A. Effect of alteration of inshore area 4
6. Section 31 amended 5
7. Section 32A inserted 5
32A. More than one permit application for same
block or blocks 5
8. Section 32 amended 7
9. Sections 33A, 33B and 33C inserted 7
33A. Withdrawal of application 7
33B. Application continued after withdrawal of
joint applicant 7
33C. Effect of withdrawal or lapse of section 30
application 8
10. Section 33 amended 9
11. Section 34 amended 9
12. Section 35 amended 9
13. Section 36 amended 9
14. Section 37 amended 10
15. Section 39 amended 10
16. Section 40 amended 11
106--2B page i
Petroleum and Energy Legislation Amendment Bill 2009
Contents
17. Section 41 amended 11
18. Section 42A inserted 13
42A. Certain permits cannot be renewed more
than twice 13
19. Section 43B amended 13
20. Section 43CA inserted 14
43CA. More than one drilling reservation
application for same block or blocks 14
21. Sections 43DA, 43DB and 43DC inserted 15
43DA. Withdrawal of application 15
43DB. Application continued after withdrawal of
joint applicant 15
43DC. Effect of withdrawal or lapse of
section 43A application 16
22. Section 44 amended 17
23. Section 45 deleted 17
24. Section 47 amended 17
25. Section 48A amended 18
26. Section 48B amended 18
27. Section 48BA amended 20
28. Sections 48CA, 48CB and 48CC inserted 20
48CA. Application by licensee for lease 20
48CB. Grant or refusal of lease in relation to
application by licensee 23
48CC. Application of sections 48CA and 48CB if
licence is transferred 25
29. Section 48F amended 26
30. Section 48J replaced 26
48J. Discovery of petroleum or geothermal
energy resources to be notified 26
31. Section 51 amended 26
32. Section 52 amended 26
33. Section 53 amended 27
34. Section 54 amended 29
35. Section 55 amended 29
36. Section 57 amended 29
37. Section 58 amended 29
38. Section 59 amended 29
39. Section 60 amended 30
40. Section 61 amended 30
41. Section 63 amended 30
42. Section 64A inserted 31
64A. Termination of licence if no operations for
5 years 31
page ii
Petroleum and Energy Legislation Amendment Bill 2009
Contents
43. Section 64 amended 32
44. Section 65 amended 32
45. Section 70 amended 33
46. Section 94 deleted 33
47. Sections 103 and 104 deleted 33
48. Section 105 amended 33
49. Section 106 amended 33
50. Section 109 amended 34
51. Section 112 deleted 35
52. Section 114 deleted 35
53. Section 116A inserted 35
116A. Data management: regulations 35
54. Section 117 amended 36
55. Section 128 amended 36
56. Section 134A amended 37
57. Part IVA inserted 38
Part IVA -- Release of information
Division 1 -- Preliminary
150A. Terms used 38
Division 2 -- Protection of confidentiality of
information and samples
Subdivision 1 -- Information and samples obtained
by the Minister
150B. Protection of confidentiality of information
obtained by the Minister 39
150C. Protection of confidentiality of samples
obtained by the Minister 39
150D. Information or samples obtained by
Minister can be made available to certain
persons 40
Subdivision 2 -- Information and samples obtained
by another Minister
150E. Protection of confidentiality of information
obtained by another Minister 40
150F. Protection of confidentiality of samples
obtained by another Minister 41
150G. Information or samples obtained by
another Minister can be made available to
certain persons 41
Subdivision 3 -- Miscellaneous
150H. Fees 42
58. Section 153 amended 42
59. Section 154 inserted 43
page iii
Petroleum and Energy Legislation Amendment Bill 2009
Contents
154. Further transitional provisions 43
60. Schedule 1 amended 44
61. Schedule 2 inserted 46
Schedule 2 -- Further transitional provisions
Division 1 -- Provisions for Petroleum and Energy
Legislation Amendment Act 2009
1. Terms used 46
2. Section 41(5) (permit renewals) 46
3. Section 112 (release of information) 46
62. Various penalties amended 47
Part 3 -- Petroleum (Submerged
Lands) Act 1982 amended
63. Act amended 51
64. Section 3 amended 51
65. Section 4 amended 51
66. Section 5 amended 53
67. Sections 6A and 6B inserted 54
6A. Effect of alteration of adjacent area 54
6B. Infrastructure facilities 56
68. Section 6 amended 57
69. Part II heading amended 57
70. Section 11 replaced 58
11. Terms used 58
71. Section 12 amended 58
72. Section 13 amended 59
73. Section 14 amended 59
74. Section 15 amended 59
75. Section 18 amended 60
76. Section 21 amended 60
77. Section 22A inserted 60
22A. Competing applications for a block 60
78. Sections 23A, 23B and 23C inserted 62
23A. Withdrawal of application 62
23B. Application continued after withdrawal of
joint applicant 62
23C. Effect of withdrawal or lapse of application 63
79. Section 23 amended 63
80. Section 24 amended 64
81. Section 25 amended 64
82. Section 26 amended 64
83. Section 27 amended 64
page iv
Petroleum and Energy Legislation Amendment Bill 2009
Contents
84. Section 29 amended 65
85. Section 30 amended 66
86. Section 31 amended 66
87. Section 32A inserted 67
32A. Certain permits cannot be renewed more
than twice 67
88. Section 34 replaced 68
34. Discovery of petroleum to be notified 68
89. Section 35 deleted 68
90. Section 37 amended 69
91. Section 38A amended 69
92. Section 38B amended 69
93. Sections 38CA, 38CB and 38CC inserted 70
38CA. Application by licensee for lease 70
38CB. Grant or refusal of lease in relation to
application by licensee 72
38CC. Application of sections 38CA and 38CB if
licence is transferred 74
94. Section 38F amended 74
95. Section 38J replaced 74
38J. Discovery of petroleum to be notified 74
96. Section 38K deleted 75
97. Section 41 amended 75
98. Section 43 amended 75
99. Section 44 amended 76
100. Section 44A amended 77
101. Section 45 amended 78
102. Section 47 amended 78
103. Section 48 amended 78
104. Section 49 amended 78
105. Section 50 amended 79
106. Section 51 amended 79
107. Section 53 amended 79
108. Section 54A inserted 80
54A. Termination of licence if no operations for
5 years 80
109. Section 54 amended 81
110. Section 55 amended 81
111. Section 59 amended 81
112. Part III Division 4A inserted 82
Division 4A -- Infrastructure licences
60A. Construction etc. of infrastructure facilities 82
60B. Application for infrastructure licence 82
page v
Petroleum and Energy Legislation Amendment Bill 2009
Contents
60C. Notification as to grant of infrastructure
licence 83
60D. Notices to be given by Minister 83
60E. Grant of infrastructure licence 85
60F. Rights conferred by infrastructure licence 86
60G. Term of infrastructure licence 86
60H. Termination of infrastructure licence if no
operations for 5 years 86
60I. Conditions of infrastructure licence 87
60J. Variation of infrastructure licence 87
113. Sections 59A and 59B replaced 90
60K. Term used: adjacent area 90
114. Section 60 amended 90
115. Section 61 amended 91
116. Section 62 amended 91
117. Section 64 amended 92
118. Section 65 amended 92
119. Section 67 amended 92
120. Section 68 replaced 93
68. Termination of pipeline licence if no
operations for 5 years 93
121. Section 69 deleted 94
122. Section 70 amended 94
123. Section 71 amended 94
124. Section 72 amended 94
125. Section 74J amended 94
126. Section 76 amended 94
127. Section 81A amended 95
128. Section 93 amended 95
129. Section 94 replaced 95
94. Notice of grants of permits etc. to be
published 95
130. Section 95 amended 96
131. Section 96 amended 97
132. Section 97 amended 97
133. Section 97A amended 98
134. Section 98 amended 99
135. Section 100 deleted 99
136. Section 101 amended 99
137. Section 102 amended 100
138. Section 103 amended 100
139. Section 104 amended 102
140. Section 105 amended 102
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Petroleum and Energy Legislation Amendment Bill 2009
Contents
141. Section 106 replaced 104
106. Cancellation of permit etc. not affected by
other provisions 104
142. Section 107 amended 105
143. Section 108 replaced 107
108. Removal of property etc. by Minister 107
144. Sections 109 and 110 deleted 108
145. Section 111 amended 109
146. Section 112 amended 109
147. Section 113 amended 109
148. Section 115 amended 110
149. Section 118 deleted 110
150. Section 121 deleted 110
151. Section 122 amended 111
152. Section 123A inserted 111
123A. Data management: regulations 111
153. Section 124 amended 112
154. Section 124A amended 112
155. Section 125 amended 112
156. Section 126 amended 113
157. Section 134 amended 113
158. Section 138A amended 113
159. Section 141A inserted 114
141A. Infrastructure licence fees 114
160. Section 142 amended 114
161. Section 150 amended 114
162. Section 151 amended 114
163. Part IVA inserted 115
Part IVA -- Release of information
Division 1 -- Preliminary
152A. Terms used 115
Division 2 -- Protection of confidentiality of
information and samples
Subdivision 1 -- Information and samples obtained
by the Minister
152B. Protection of confidentiality of information
obtained by the Minister 116
152C. Protection of confidentiality of samples
obtained by the Minister 116
152D. Information or samples obtained by
Minister can be made available to certain
persons 117
page vii
Petroleum and Energy Legislation Amendment Bill 2009
Contents
Subdivision 2 -- Information and samples obtained
by another Minister
152E. Protection of confidentiality of information
obtained by another Minister 117
152F. Protection of confidentiality of samples
obtained by another Minister 118
152G. Information or samples obtained by
another Minister can be made available to
certain persons 118
Subdivision 3 -- Miscellaneous
152H. Fees 119
164. Part IV heading amended 119
165. Section 152 amended 119
166. Section 153 inserted 121
153. Transitional provisions 121
167. Schedule 1 deleted 122
168. Schedule 2 replaced 122
Schedule 2 -- Scheduled area for Western Australia
169. Schedules 3 and 4 replaced 128
Schedule 3 -- Transitional provisions
Division 1 -- Provisions for Petroleum and Energy
Legislation Amendment Act 2009
1. Term used: amending Act 128
2. Section 31 (permit renewals) 128
3. Section 70 (conditions of pipeline licence) 129
4. Section 118 (release of information) 129
5. Section 3 and Schedules 3 and 4 (former
transitional provisions) 130
170. Schedule 5 amended 130
171. Various penalties amended 131
Part 4 -- Petroleum Pipelines
Act 1969 amended
172. Act amended 133
173. Section 4 amended 133
174. Section 8 amended 133
175. Section 11 deleted 133
176. Section 14 replaced 134
14. Term of licence 134
15A. Termination of pipeline licence if no
operations for 5 years 134
177. Section 15 amended 135
178. Section 47A deleted 135
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Petroleum and Energy Legislation Amendment Bill 2009
Contents
179. Section 61 replaced 136
61. Power of Minister to delegate 136
180. Section 67 amended 136
181. Schedule 1 amended 137
182. Various penalties amended 138
Part 5 -- Other Acts amended
183. Crimes at Sea Act 2000 amended 141
184. National Gas Access (WA) Act 2009 amended 143
185. Petroleum (Submerged Lands) Registration Fees
Act 1982 amended 143
186. Workers' Compensation and Injury Management
Act 1981 amended 143
page ix
Western Australia
LEGISLATIVE COUNCIL
(As amended during consideration in detail)
Petroleum and Energy Legislation Amendment
Bill 2009
A Bill for
An Act to amend --
• the Petroleum and Geothermal Energy Resources Act 1967; and
• the Petroleum (Submerged Lands) Act 1982; and
• the Petroleum Pipelines Act 1969,
and other Acts to reflect relevant legislation of the Parliament of the
Commonwealth and for other purposes.
The Parliament of Western Australia enacts as follows:
page 1
Petroleum and Energy Legislation Amendment Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Petroleum and Energy Legislation Amendment
4 Act 2009.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 comes into operation on the day on which this Act
8 receives the Royal Assent;
9 (b) the rest of the Act comes into operation on a day fixed
10 by proclamation, and different days may be fixed for
11 different provisions.
page 2
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 3
1 Part 2 -- Petroleum and Geothermal Energy Resources
2 Act 1967 amended
3 3. Act amended
4 This Part amends the Petroleum and Geothermal Energy
5 Resources Act 1967.
6 4. Section 5 amended
7 (1) In section 5(1) insert in alphabetical order:
8
9 Barrow Island lease has the meaning given in
10 section 128;
11
12 (2) In section 5(1) in the definition of listed OSH law after each of
13 paragraphs (a), (b) and (c) insert:
14
15 or
16
17 (3) In section 5(1) in the definition of operator:
18 (a) after paragraph (d)(i) insert:
19
20 or
21
22 (b) in paragraph (e) delete "lease, as defined in section 128,
23 means the lessee, as defined in that section;" and insert:
24
25 lease as renewed, substituted or varied, means
26 the lessee as defined in section 128;
27
page 3
Petroleum and Energy Legislation Amendment Bill 2009
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 5
1 (4) In section 5(1) in the definition of petroleum:
2 (a) after paragraph (a) insert:
3
4 or
5
6 (b) in paragraph (c) delete "hydrogen-sulphide," and insert:
7
8 hydrogen sulphide,
9
10 (5) In section 5(1) in the definition of petroleum operation
11 paragraph (d) delete "lease, as defined in section 128;" and
12 insert:
13
14 lease as renewed, substituted or varied;
15
16 5. Section 6A inserted
17 At the end of Part 1 insert:
18
19 6A. Effect of alteration of inshore area
20 (1) In this section --
21 inshore area means the area that comes within
22 paragraph (h) of the definition of Crown land in
23 section 5(1).
24 (2) This section applies to a change to the boundary of the
25 inshore area whether occurring before, on or after the
26 day on which the Petroleum and Energy Legislation
27 Amendment Act 2009 section 5 comes into operation.
page 4
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 6
1 (3) If --
2 (a) a permit, lease or licence has been granted on
3 the basis that an area (the affected area) is
4 within the inshore area; and
5 (b) as a result of a change to boundary of the
6 inshore area, the affected area ceases to be
7 within the inshore area,
8 this Act applies in relation to the permit, lease or
9 licence as if the affected area were still within the
10 inshore area.
11 (4) Subsection (3) continues to apply in relation to the
12 affected area only while the permit, lease or licence
13 remains in force.
14
15 6. Section 31 amended
16 Delete section 31(1)(a) and "and" after it.
17 7. Section 32A inserted
18 After section 31 insert:
19
20 32A. More than one permit application for same block
21 or blocks
22 (1) This section applies if --
23 (a) 2 or more applications are made under
24 section 30 for the grant of a petroleum
25 exploration permit for the same block or
26 blocks; or
27 (b) 2 or more applications are made under
28 section 30 for the grant of a geothermal
29 exploration permit for the same block or
30 blocks.
page 5
Petroleum and Energy Legislation Amendment Bill 2009
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 7
1 (2) The Minister may grant the permit to whichever
2 applicant, in the Minister's opinion, is most deserving
3 of the grant of the permit, having regard to criteria
4 made publicly available by the Minister.
5 (3) For the purposes of subsection (2), the Minister may
6 rank the applicants in the order in which they are
7 deserving of the grant, the most deserving applicant
8 being ranked highest.
9 (4) The Minister may exclude from the ranking any
10 applicant that, in the Minister's opinion, is not
11 deserving of the grant of the permit.
12 (5) If the Minister is of the opinion that, after considering
13 the information accompanying the applications, 2 or
14 more of the applicants are equally deserving of the
15 grant of the permit, the Minister may, by written notice
16 served on each of those applicants, invite them to give
17 to the Minister, within the period stated in the notice,
18 particulars of the applicant's proposals for additional
19 work and expenditure in respect of the block or blocks
20 specified in the application, being particulars that the
21 Minister considers to be relevant in determining which
22 of the applicants is most deserving of the grant of the
23 permit.
24 (6) If any particulars are given by applicants to the
25 Minister in accordance with the invitations contained in
26 the notices served under subsection (5), the Minister
27 shall have regard to the particulars in determining
28 which of the applicants is most deserving of the grant
29 of the permit.
30
page 6
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 8
1 8. Section 32 amended
2 (1) Before section 32(1) insert:
3
4 (1A) In sections 32, 33A and 33B --
5 permit application means an application for the grant
6 of a permit made under section 30 or 105(3)(a)(ii).
7
8 (2) In section 32(1) delete "an application has been made under
9 section 30 or 105(3)(a)(ii)," and insert:
10
11 a permit application has been made,
12
13 9. Sections 33A, 33B and 33C inserted
14 After section 32 insert:
15
16 33A. Withdrawal of application
17 The person who has made, or all the persons who have
18 jointly made, a permit application may, by written
19 notice served on the Minister, withdraw the application
20 at any time before the permit is granted.
21 33B. Application continued after withdrawal of joint
22 applicant
23 If --
24 (a) a permit application was a joint application; and
25 (b) all of the joint applicants, by written notice
26 served on the Minister, inform the Minister that
27 one or more, but not all, of them, as specified in
28 the notice, withdraw from the application,
page 7
Petroleum and Energy Legislation Amendment Bill 2009
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 9
1 the following paragraphs have effect --
2 (c) the application continues in force as if it had
3 been made by the remaining applicant or
4 applicants;
5 (d) if the Minister had informed the joint applicants
6 to the effect that the Minister was prepared to
7 grant to the applicants a permit in respect of the
8 block or blocks to which the application relates,
9 the Minister is taken not to have informed the
10 applicants to that effect.
11 33C. Effect of withdrawal or lapse of section 30
12 application
13 If --
14 (a) 2 or more applications have been made under
15 section 30 for the grant of a permit in respect of
16 the same block or blocks; and
17 (b) one or more, but not all, of the applications are
18 withdrawn or have lapsed,
19 the following paragraphs have effect --
20 (c) the withdrawn or lapsed applications are taken
21 not to have been made;
22 (d) if the Minister had informed the applicant or
23 one of the applicants whose application had
24 been withdrawn or had lapsed to the effect that
25 the Minister was prepared to grant to that
26 applicant a permit in respect of the block or
27 blocks to which the application related -- the
28 Minister is taken not to have informed the
29 applicant or applicants to that effect;
30 (e) if the applicant or one of the applicants whose
31 application had been withdrawn had requested
32 the Minister under section 32(3) to grant a
page 8
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 10
1 permit to the applicant concerned -- the request
2 is taken not to have been made;
3 (f) if the Minister had refused to grant a permit to
4 the remaining applicant or to any of the
5 remaining applicants -- the refusal or refusals
6 are taken not to have occurred.
7
8 10. Section 33 amended
9 Delete section 33(4)(a).
10 11. Section 34 amended
11 In section 34(3) delete "shall not, unless the Minister otherwise
12 determines," and insert:
13
14 shall not
15
16 12. Section 35 amended
17 In section 35(5)(b)(ii) delete "applicant or enter into an
18 agreement under section 103 in respect of that balance." and
19 insert:
20
21 applicant.
22
23 13. Section 36 amended
24 (1) In section 36(1)(b) delete "him or enter into an agreement under
25 section 103 in respect of that balance." and insert:
26
27 the applicant.
28
page 9
Petroleum and Energy Legislation Amendment Bill 2009
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 14
1 (2) In section 36(2)(b) delete "him or entered into an agreement
2 under section 103 in respect of that balance," and insert:
3
4 the applicant,
5
6 14. Section 37 amended
7 In section 37(b) delete "him or has entered into an agreement
8 under section 103 in respect of that balance," and insert:
9
10 the applicant,
11
12 15. Section 39 amended
13 (1) In section 39 delete "Subject" and insert:
14
15 (1) Subject
16
17 (2) At the end of section 39 insert:
18
19 (2) If --
20 (a) a permit in respect of a block or blocks cannot
21 be renewed or further renewed; and
22 (b) before the time when the permit would, apart
23 from this subsection, expire, the permittee has
24 duly made an application to the Minister for the
25 grant of a lease or licence in respect of the
26 block, or one or more of the blocks, being a
27 block or blocks that are included in a location,
28 the permit continues in force in respect of the block or
29 blocks to which the application relates until --
30 (c) if the Minister tells the permittee that the
31 Minister is prepared to grant to the permittee a
page 10
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 16
1 lease or licence in respect of the block, or one
2 or more of the blocks -- such a lease or licence
3 is granted, the permittee withdraws the
4 application or the application lapses; or
5 (d) if the Minister decides not to grant to the
6 permittee such a lease -- the end of the period
7 of one year after the day of the service under
8 section 48B(2) or (3A) of the instrument or
9 notice refusing to grant the lease; or
10 (e) if the Minister decides not to grant the
11 permittee such a licence -- notice of the
12 decision is served on the permittee.
13
14 16. Section 40 amended
15 (1) In section 40(1) delete "section 41," and insert:
16
17 sections 41 and 42A,
18
19 (2) Delete section 40(2)(a).
20 17. Section 41 amended
21 (1) In section 41(1) delete "subsection (2a)," and insert:
22
23 subsections (3), (4) and (5),
24
25 (2) Delete section 41(2a) to (6) and insert:
26
27 (3) An application for the renewal of a permit may include,
28 in addition to the blocks referred to in subsection (1), a
29 block that is, or is included in, a location and in respect
30 of which the permit is in force, or 2 or more such
31 blocks.
page 11
Petroleum and Energy Legislation Amendment Bill 2009
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 17
1 (4) If a permit is in force in respect of 5 or 6 blocks, an
2 application may be made for the renewal of the permit
3 in respect of one, 2, 3 or 4 of those blocks.
4 (5) Subject to subsection (6) --
5 (a) if a permit is in force in respect of 4 blocks, an
6 application may be made for the renewal of the
7 permit in respect of one, 2, 3 or all of those
8 blocks;
9 (b) if a permit is in force in respect of 3 blocks, an
10 application may be made for the renewal of the
11 permit in respect of one, 2 or all of those
12 blocks;
13 (c) if a permit is in force in respect of 2 blocks, an
14 application may be made for the renewal of the
15 permit in respect of either or both of those
16 blocks;
17 (d) an application may be made for the renewal of
18 a permit that is in force in respect of one block.
19 (6) Despite sections 40(1) and 42, if a permit has been
20 renewed as a result of an application referred to in
21 subsection (5) --
22 (a) the permittee is not entitled to apply for a
23 further renewal of the permit; and
24 (b) the Minister cannot grant a further renewal of
25 the permit.
26
page 12
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 18
1 18. Section 42A inserted
2 After section 41 insert:
3
4 42A. Certain permits cannot be renewed more than twice
5 (1) This section applies to a permit if --
6 (a) the permit was granted under section 32 --
7 (i) on or after the day of the coming into
8 operation of the Petroleum and Energy
9 Legislation Amendment Act 2009
10 section 18 (the commencement day);
11 and
12 (ii) as a result of an application made in
13 response to an invitation in an
14 instrument that was published under
15 section 30(1) on or after the
16 commencement day;
17 or
18 (b) the permit was granted under section 37 on or
19 after the commencement day.
20 (2) Despite sections 40(1) and 42, if a permit to which this
21 section applies has been renewed twice --
22 (a) the permittee is not entitled to apply for a
23 further renewal of the permit; and
24 (b) the Minister cannot grant a further renewal of
25 the permit.
26
27 19. Section 43B amended
28 Delete section 43B(1)(a) and "and" after it.
page 13
Petroleum and Energy Legislation Amendment Bill 2009
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 20
1 20. Section 43CA inserted
2 After section 43B insert:
3
4 43CA. More than one drilling reservation application for
5 same block or blocks
6 (1) This section applies if --
7 (a) 2 or more applications are made under
8 section 43A for the grant of a petroleum
9 drilling reservation for the same block or
10 blocks; or
11 (b) 2 or more applications are made under
12 section 43A for the grant of a geothermal
13 drilling reservation for the same block or
14 blocks.
15 (2) The Minister may grant the drilling reservation to
16 whichever applicant, in the Minister's opinion, is most
17 deserving of the grant of the drilling reservation,
18 having regard to criteria made publicly available by the
19 Minister.
20 (3) For the purposes of subsection (2), the Minister may
21 rank the applicants in the order in which they are
22 deserving of the grant, the most deserving applicant
23 being ranked highest.
24 (4) The Minister may exclude from the ranking any
25 applicant that, in the Minister's opinion, is not
26 deserving of the grant of the drilling reservation.
27 (5) If the Minister is of the opinion that, after considering
28 the information accompanying the applications, 2 or
29 more of the applicants are equally deserving of the
30 grant of the drilling reservation, the Minister may, by
31 written notice served on each of those applicants, invite
32 them to give to the Minister, within the period stated in
page 14
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 21
1 the notice, particulars of the applicant's proposals for
2 additional work and expenditure in respect of the block
3 or blocks specified in the application, being particulars
4 that the Minister considers to be relevant in
5 determining which of the applicants is most deserving
6 of the grant of the drilling reservation.
7 (6) If any particulars are given by applicants to the
8 Minister in accordance with the invitations contained in
9 the notices served under subsection (5), the Minister
10 shall have regard to the particulars in determining
11 which of the applicants is most deserving of the grant
12 of the drilling reservation.
13
14 21. Sections 43DA, 43DB and 43DC inserted
15 After section 43C insert:
16
17 43DA. Withdrawal of application
18 (1) In this section and section 43DB --
19 drilling reservation application means an application
20 for the grant of a drilling reservation made under
21 section 43A or 105(3)(a)(ii).
22 (2) The person who has made, or all the persons who have
23 jointly made, a drilling reservation application may, by
24 written notice served on the Minister, withdraw the
25 application at any time before the drilling reservation is
26 granted.
27 43DB. Application continued after withdrawal of joint
28 applicant
29 If --
30 (a) a drilling reservation application was a joint
31 application; and
page 15
Petroleum and Energy Legislation Amendment Bill 2009
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 21
1 (b) all of the joint applicants, by written notice
2 served on the Minister, inform the Minister that
3 one or more, but not all, of them, as specified in
4 the notice, withdraw from the application,
5 the following paragraphs have effect --
6 (c) the application continues in force as if it had
7 been made by the remaining applicant or
8 applicants;
9 (d) if the Minister had informed the joint applicants
10 to the effect that the Minister was prepared to
11 grant to the applicants a drilling reservation in
12 respect of the block or blocks to which the
13 application relates, the Minister is taken not to
14 have informed the applicants to that effect.
15 43DC. Effect of withdrawal or lapse of section 43A
16 application
17 If --
18 (a) 2 or more applications have been made under
19 section 43A for the grant of a drilling
20 reservation in respect of the same block or
21 blocks; and
22 (b) one or more, but not all, of the applications are
23 withdrawn or have lapsed,
24 the following paragraphs have effect --
25 (c) the withdrawn or lapsed applications are taken
26 not to have been made;
27 (d) if the Minister had informed the applicant or
28 one of the applicants whose application had
29 been withdrawn or had lapsed to the effect that
30 the Minister was prepared to grant to that
31 applicant a drilling reservation in respect of the
32 block or blocks to which the application
33 related -- the Minister is taken not to have
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s. 22
1 informed the applicant or applicants to that
2 effect;
3 (e) if the applicant or one of the applicants whose
4 application had been withdrawn had requested
5 the Minister under section 43C(3) to grant a
6 drilling reservation to the applicant
7 concerned -- the request is taken not to have
8 been made;
9 (f) if the Minister had refused to grant a drilling
10 reservation to the remaining applicant or to any
11 of the remaining applicants -- the refusal or
12 refusals are taken not to have occurred.
13
14 22. Section 44 amended
15 (1) Delete section 44(2), (2a) and (3).
16 (2) In section 44 delete the Penalty and insert:
17
18 Penalty for an offence under subsection (1), (1a) or
19 (1b): a fine of $10 000.
20
21 23. Section 45 deleted
22 Delete section 45.
23 24. Section 47 amended
24 After section 47(6) insert:
25
26 (7) The Minister may form an opinion for the purposes of
27 this section if the Minister considers that there are
28 reasonable grounds for forming the opinion having
29 regard to any information in the Minister's possession,
30 whether provided by the permittee or otherwise.
31
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amended
s. 25
1 25. Section 48A amended
2 Delete section 48A(2)(a).
3 26. Section 48B amended
4 (1) Delete section 48B(1) and insert:
5
6 (1) If --
7 (a) an application has been made under
8 section 48A(1); and
9 (b) the applicant has furnished any further
10 information as and when required by the
11 Minister under section 48A(3); and
12 (c) the Minister is satisfied that --
13 (i) the area comprised in the block, or any
14 one or more of the blocks, specified in
15 the application contains petroleum; and
16 (ii) the recovery of petroleum from that area
17 is not, at the time of the application,
18 commercially viable, but is likely to
19 become commercially viable within the
20 period of 15 years after that time,
21 the Minister shall, by written notice served on the
22 applicant, inform the applicant that the Minister is
23 prepared to grant to the applicant a petroleum retention
24 lease in respect of the block or blocks as to which the
25 Minister is satisfied as mentioned in paragraph (c).
26 (2A) If --
27 (a) an application has been made under
28 section 48A(1a); and
29 (b) the applicant has furnished any further
30 information as and when required by the
31 Minister under section 48A(3); and
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s. 26
1 (c) the Minister is satisfied that --
2 (i) the area comprised in the block, or any
3 one or more of the blocks, specified in
4 the application contains geothermal
5 energy resources; and
6 (ii) the recovery of geothermal energy from
7 that area is not, at the time of the
8 application, commercially viable, but is
9 likely to become commercially viable
10 within the period of 15 years after that
11 time,
12 the Minister shall, by written notice served on the
13 applicant, inform the applicant that the Minister is
14 prepared to grant to the applicant a geothermal
15 retention lease in respect of the block or blocks as to
16 which the Minister is satisfied as mentioned in
17 paragraph (c).
18
19 (2) In section 48B(2)(b) delete "(1)(c) in relation to the blocks" and
20 insert:
21
22 (1)(c) or (2A)(c), whichever is applicable, in
23 relation to the block, or all the blocks,
24
25 (3) After section 48B(2) insert:
26
27 (3A) If --
28 (a) an application has been made under
29 section 48A specifying 2 or more blocks; and
30 (b) the Minister is not satisfied as mentioned in
31 subsection (1)(c) or (2A)(c), whichever is
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amended
s. 27
1 applicable, in relation to one or more, but not
2 all, of the blocks,
3 the Minister shall, by notice in writing served on the
4 applicant, refuse to grant a lease to the applicant in
5 respect of the block or blocks as to which the Minister
6 is not satisfied as mentioned in subsection (1)(c)
7 or (2A)(c).
8
9 (4) In section 48B(3), (4), (5) and (6) after "subsection (1)" insert:
10
11 or (2A)
12
13 27. Section 48BA amended
14 In section 48BA:
15 (a) in paragraph (a) delete "48A(1)" and insert:
16
17 48A
18
19 (b) in paragraph (b) delete "48B(1) or (2)" and insert:
20
21 48B(1), (2A), (2) or (3A)
22
23 28. Sections 48CA, 48CB and 48CC inserted
24 After section 48BA insert:
25
26 48CA. Application by licensee for lease
27 (1) If --
28 (a) a petroleum production licence is in force under
29 section 63(1)(c) or (2) in respect of a block or
30 blocks; and
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s. 28
1 (b) no operations for the recovery of petroleum are
2 being carried on under the licence in respect of
3 an area (the unused area) --
4 (i) that consists of, or consists of part of,
5 the block or blocks; and
6 (ii) in which petroleum has been found to
7 exist,
8 the licensee may, within the application period, apply
9 to the Minister for the grant of a petroleum retention
10 lease in respect of the unused area.
11 (2) If --
12 (a) a geothermal production licence is in force
13 under section 63(1)(c) or (2) in respect of a
14 block or blocks; and
15 (b) no operations for the recovery of geothermal
16 energy are being carried on under the licence in
17 respect of an area (the unused area) --
18 (i) that consists of, or consists of part of,
19 the block or blocks; and
20 (ii) in which geothermal energy resources
21 have been found to exist,
22 the licensee may, within the application period, apply
23 to the Minister for the grant of a geothermal retention
24 lease in respect of the unused area.
25 (3) An application under this section --
26 (a) is to be made in an approved manner; and
27 (b) is to be accompanied by particulars of the
28 proposals of the applicant for work and
29 expenditure in respect of the unused area; and
30 (c) may set out any other matters that the applicant
31 wishes to be considered; and
32 (d) is to be accompanied by the prescribed fee.
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Petroleum and Energy Legislation Amendment Bill 2009
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s. 28
1 (4) An application under subsection (1) is also to be
2 accompanied by particulars of the commercial viability
3 of the recovery of petroleum from the unused area at
4 the time of the application, and particulars of the
5 possible future commercial viability of the recovery of
6 petroleum from that area.
7 (5) An application under subsection (2) is also to be
8 accompanied by particulars of the commercial viability
9 of the recovery of geothermal energy from the unused
10 area at the time of the application, and particulars of
11 the possible future commercial viability of the recovery
12 of geothermal energy from that area.
13 (6) The Minister may, at any time, by written notice served
14 on the applicant, require the applicant to give, within
15 the period stated in the notice, further written
16 information in connection with an application under
17 this section.
18 (7) The application period in respect of an application
19 under subsection (1) by a licensee is the period of
20 5 years that began on --
21 (a) the day on which the licence was granted; or
22 (b) if any operations for the recovery of petroleum
23 have been carried on under the licence in
24 respect of the unused area -- the last day on
25 which any such operations were carried on.
26 (8) The application period in respect of an application
27 under subsection (2) by a licensee is the period of
28 5 years that began on --
29 (a) the day on which the licence was granted; or
30 (b) if any operations for the recovery of geothermal
31 energy have been carried on under the licence
32 in respect of the unused area -- the last day on
33 which any such operations were carried on.
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s. 28
1 48CB. Grant or refusal of lease in relation to application
2 by licensee
3 (1) If --
4 (a) an application has been made under
5 section 48CA(1); and
6 (b) the applicant has given any further information
7 as and when required by the Minister under
8 section 48CA(6); and
9 (c) the Minister is satisfied that recovery of
10 petroleum from the unused area --
11 (i) is not, at the time of the application,
12 commercially viable; and
13 (ii) is likely to become commercially viable
14 within the period of 15 years after that
15 time,
16 the Minister shall, by written notice served on the
17 applicant, inform the applicant that the Minister is
18 prepared to grant to the applicant a petroleum retention
19 lease in respect of the unused area.
20 (2) If --
21 (a) an application has been made under
22 section 48CA(2); and
23 (b) the applicant has given any further information
24 as and when required by the Minister under
25 section 48CA(6); and
26 (c) the Minister is satisfied that recovery of
27 geothermal energy from the unused area --
28 (i) is not, at the time of the application,
29 commercially viable; and
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s. 28
1 (ii) is likely to become commercially viable
2 within the period of 15 years after that
3 time,
4 the Minister shall, by written notice served on the
5 applicant, inform the applicant that the Minister is
6 prepared to grant to the applicant a geothermal
7 retention lease in respect of the unused area.
8 (3) If an application has been made under section 48CA
9 and --
10 (a) the applicant has not given further information
11 as and when required by the Minister under
12 section 48CA(6); or
13 (b) the Minister is not satisfied as mentioned in
14 subsection (1)(c) or (2)(c), as the case requires,
15 in relation to the unused area,
16 the Minister shall, by written notice served on the
17 applicant, refuse to grant a lease to the applicant.
18 (4) A notice under subsection (1) or (2) shall contain --
19 (a) a summary of the conditions subject to which
20 the lease is to be granted; and
21 (b) a statement to the effect that the application
22 will lapse if the applicant does not make a
23 request under subsection (5) in respect of the
24 grant of the lease.
25 (5) An applicant on whom a notice is served under
26 subsection (1) or (2) may request the Minister to grant
27 the lease to the applicant.
28 (6) The request must be in writing and must be made --
29 (a) before the end of the period of one month after
30 the date of service of the notice on the applicant
31 under subsection (1) or (2); or
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s. 28
1 (b) if the Minister, on application in writing made
2 to the Minister before the end of that period,
3 allows a further period of not more than one
4 month for the making of the request -- before
5 the end of that further period.
6 (7) If the applicant makes the request within the period
7 applicable under subsection (6), the Minister shall
8 grant to the applicant a petroleum retention lease or
9 geothermal retention lease, as the case requires, in
10 respect of the unused area.
11 (8) If the applicant does not make the request within the
12 period applicable under subsection (6), the application
13 lapses at the end of that period.
14 (9) On the day on which a lease is granted under this
15 section in respect of an unused area comes into force,
16 the licence in respect of the block or blocks of which
17 the area consists or in which the area is included ceases
18 to be in force in respect of the area.
19 48CC. Application of sections 48CA and 48CB if licence is
20 transferred
21 If --
22 (a) after an application has been made under
23 section 48CA in relation to an area consisting
24 of or included in a block or blocks in respect of
25 which a licence is in force; and
26 (b) before a decision has been made by the
27 Minister under section 48CB(1), (2) or (3) in
28 relation to the application,
29 a transfer of the licence is registered under section 72,
30 sections 48CA and 48CB have effect, after the time of
31 the transfer, as if any reference in those sections to the
32 applicant were a reference to the transferee.
33
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Petroleum and Energy Legislation Amendment Bill 2009
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s. 29
1 29. Section 48F amended
2 Delete section 48F(2)(a).
3 30. Section 48J replaced
4 Delete section 48J and insert:
5
6 48J. Discovery of petroleum or geothermal energy
7 resources to be notified
8 On the discovery of petroleum or geothermal energy
9 resources in a lease area, the lessee --
10 (a) shall forthwith inform the Minister of the
11 discovery; and
12 (b) shall, within the period of 3 days after the date
13 of the discovery, furnish to the Minister
14 particulars in writing of the discovery.
15 Penalty: a fine of $10 000.
16
17 31. Section 51 amended
18 Delete section 51(1)(a).
19 32. Section 52 amended
20 (1) In section 52(3) delete the passage that begins with "licence,
21 being" and continues to the end of the subsection and insert:
22
23 licence, being a rate that --
24 (a) for tight gas is not less than 5% nor more than
25 12.5% of the royalty value of that petroleum;
26 and
27 (b) for petroleum other than tight gas is not less
28 than 10% nor more than 12.5% of the royalty
29 value of that petroleum.
30
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Petroleum and Energy Legislation Amendment Bill 2009
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s. 33
1 (2) After section 52(3) insert:
2
3 (4A) In subsection (3) --
4 tight gas means petroleum in a gaseous state occurring
5 in subsurface rock with a permeability of 0.1 millidarcy
6 or less.
7
8 33. Section 53 amended
9 (1) Delete section 53(1) and insert:
10
11 (1) If --
12 (a) an application for the grant of a petroleum
13 production licence has been made under
14 section 50 or 50A; and
15 (b) the applicant has given any further information
16 as and when required by the Minister under
17 section 51(2); and
18 (c) the Minister is satisfied that the area comprised
19 in the block, or any one or more of the blocks,
20 specified in the application contains petroleum,
21 the Minister shall, by written notice served on the
22 applicant, inform the applicant that the Minister is
23 prepared to grant to the applicant a petroleum
24 production licence in respect of the block or blocks as
25 to which the Minister is satisfied as mentioned in
26 paragraph (c).
27 (2A) If --
28 (a) an application for the grant of a geothermal
29 production licence has been made under
30 section 50 or 50A; and
31 (b) the applicant has given any further information
32 as and when required by the Minister under
33 section 51(2); and
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s. 33
1 (c) the Minister is satisfied that the area comprised
2 in the block, or any one or more of the blocks,
3 specified in the application contains geothermal
4 energy resources,
5 the Minister shall, by written notice served on the
6 applicant, inform the applicant that the Minister is
7 prepared to grant to the applicant a geothermal
8 production licence in respect of the block or blocks as
9 to which the Minister is satisfied as mentioned in
10 paragraph (c).
11
12 (2) In section 53(2) delete "An instrument under subsection (1)"
13 and insert:
14
15 A notice under subsection (1) or (2A)
16
17 (3) After section 53(2) insert:
18
19 (3) If the Minister decides not to grant to the applicant a
20 licence in respect of a block specified in the application
21 because --
22 (a) the applicant has failed to comply with a
23 requirement made by the Minister under
24 section 51(2); or
25 (b) the Minister is not satisfied as mentioned in
26 subsection (1)(c) or (2A)(c), whichever is
27 applicable, in respect of the block,
28 the Minister shall, by written notice served on the
29 applicant, inform the applicant of the Minister's
30 decision and the reasons for the decision.
31
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Petroleum and Energy Legislation Amendment Bill 2009
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s. 34
1 34. Section 54 amended
2 In section 54(2) delete "blocks specified in the application." and
3 insert:
4
5 block or blocks as to which the Minister is satisfied as
6 mentioned in section 53(1)(c) or (2A)(c).
7
8 35. Section 55 amended
9 In section 55(1) delete "the blocks specified in the application."
10 and insert:
11
12 such of the blocks specified in the application as are
13 blocks as to which the Minister is satisfied as
14 mentioned in section 53(1)(c) or (2A)(c).
15
16 36. Section 57 amended
17 Delete section 57(6)(a) and "and" after it.
18 37. Section 58 amended
19 In section 58(3) delete "shall not, unless the Minister otherwise
20 determines," and insert:
21
22 shall not
23
24 38. Section 59 amended
25 (1) In section 59(5)(c)(ii) delete "statement or enter into an
26 agreement under section 103 in respect of that balance." and
27 insert:
28
29 statement.
30
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Petroleum and Energy Legislation Amendment Bill 2009
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amended
s. 39
1 (2) In section 59(6)(b) delete "him -- pay that balance or enter into
2 an agreement under section 103 in respect of " and insert:
3
4 the applicant -- pay
5
6 (3) In section 59(7)(b) delete "him -- has not paid the balance or
7 entered into an agreement under section 103 in respect of " and
8 insert:
9
10 the applicant -- has not paid
11
12 39. Section 60 amended
13 In section 60(b) delete "him -- has paid that balance or entered
14 into an agreement under section 103 in respect of " and insert:
15
16 the applicant -- has paid
17
18 40. Section 61 amended
19 Delete section 61(2)(a).
20 41. Section 63 amended
21 (1) In section 63 delete "Subject to this Part, a licence" and insert:
22
23 (1) Subject to this Part, a licence granted before the
24 commencement of the Petroleum and Energy
25 Legislation Amendment Act 2009 section 41(3)
26
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Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 42
1 (2) Delete section 63(c) and insert:
2
3 (c) in the case of a licence granted by way of the
4 second renewal of a licence -- indefinitely.
5
6 (3) At the end of section 63 insert:
7
8 (2) Subject to this Part, a licence granted after the
9 commencement of the Petroleum and Energy
10 Legislation Amendment Act 2009 section 41(3) remains
11 in force indefinitely.
12
13 42. Section 64A inserted
14 After section 63 insert:
15
16 64A. Termination of licence if no operations for 5 years
17 (1) If --
18 (a) a petroleum production licence is in force under
19 section 63(1)(c) or (2) and the licensee has not
20 carried on any operations for the recovery of
21 petroleum under the licence at any time during
22 a continuous period of at least 5 years; or
23 (b) a geothermal production licence is in force
24 under section 63(1)(c) or (2) and the licensee
25 has not carried on any operations for the
26 recovery of geothermal energy under the
27 licence at any time during a continuous period
28 of at least 5 years,
29 the Minister may, by written notice served on the
30 licensee, inform the licensee that the Minister proposes
31 to terminate the licence after the end of the period of
32 one month after the notice is served.
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Petroleum and Energy Legislation Amendment Bill 2009
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s. 43
1 (2) At any time after the end of the period of one month
2 after the notice referred to in subsection (1) is served
3 on the licensee, the Minister may, by written notice
4 served on the licensee, terminate the licence.
5 (3) In working out --
6 (a) for the purposes of subsection (1)(a) the
7 duration of the period in which no operations
8 for the recovery of petroleum were carried on
9 under a petroleum production licence; or
10 (b) for the purposes of subsection (1)(b) the
11 duration of the period in which no operations
12 for the recovery of geothermal energy were
13 carried on under a geothermal production
14 licence,
15 any period in which no such operations were carried on
16 because of circumstances beyond the licensee's control
17 is to be disregarded.
18
19 43. Section 64 amended
20 (1) In section 64(1) after "licensee" insert:
21
22 under a licence to which section 63(1)(a) or (b) applies
23
24 (2) Delete section 64(2)(a).
25 44. Section 65 amended
26 Delete section 65(1)(c) and (d) and "or" after paragraph (c) and
27 insert:
28
29 (c) shall if --
30 (i) the application is in respect of the first
31 renewal of the licence; or
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Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 45
1 (ii) the application is in respect of a renewal
2 of the licence other than the first
3 renewal and operations for the recovery
4 of petroleum have been carried on in the
5 licence area within the period of 5 years
6 before the application for the renewal
7 was made;
8 or
9 (d) may in any other case,
10
11 45. Section 70 amended
12 In section 70(3)(c) delete "67 or 103; and" and insert:
13
14 67; and
15
16 46. Section 94 deleted
17 Delete section 94.
18 47. Sections 103 and 104 deleted
19 Delete sections 103 and 104.
20 48. Section 105 amended
21 Delete section 105(2)(a).
22 49. Section 106 amended
23 (1) Delete section 106(2)(a).
24 (2) In section 106(4):
25 (a) delete "The" and insert:
26
27 Subject to subsection (5A), the
28
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amended
s. 50
1 (b) in paragraph (aa) delete "lease or petroleum production
2 licence" (each occurrence) and insert:
3
4 lease, petroleum production licence or
5 petroleum special prospecting authority
6
7 (c) in paragraph (bb) delete "lease or geothermal production
8 licence" (each occurrence) and insert:
9
10 lease, geothermal production licence or
11 geothermal special prospecting authority
12
13 (3) After subsection 106(4) insert:
14
15 (5A) Subsection (4) does not apply if the holder of the
16 permit, drilling reservation, lease, licence or special
17 prospecting authority has consented in writing to the
18 grant of the access authority.
19
20 50. Section 109 amended
21 (1) In section 109(2) delete the passage that begins with "penalty,"
22 and continues to the end of the subsection and insert:
23
24 penalty.
25
26 (2) After section 109(2) insert:
27
28 (3) However, any information furnished, answer given or
29 document produced pursuant to the requirement, and
30 any information or thing (including any document)
31 obtained as a direct or indirect consequence of the
32 furnishing of the information, the answering of the
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amended
s. 51
1 question or the production of the document, as the case
2 may be, is not admissible in any civil proceedings or in
3 any criminal proceedings other than proceedings for an
4 offence against section 111.
5
6 51. Section 112 deleted
7 Delete section 112.
8 52. Section 114 deleted
9 Delete section 114.
10 53. Section 116A inserted
11 After section 115 insert:
12
13 116A. Data management: regulations
14 (1) The regulations may make provision for and in relation
15 to --
16 (a) the keeping of accounts, records and other
17 documents in connection with operations
18 under --
19 (i) a permit; or
20 (ii) a drilling reservation; or
21 (iii) a lease; or
22 (iv) a licence; or
23 (v) a special prospecting authority; or
24 (vi) an access authority; or
25 (vii) a consent under section 116;
26 and
27 (b) the collection and retention of cores, cuttings
28 and samples in connection with those
29 operations; and
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s. 54
1 (c) the giving to the Minister, or a specified person,
2 of reports, returns, other documents, cores,
3 cuttings and samples in connection with those
4 operations.
5 (2) A requirement under section 115 is in addition to a
6 requirement under regulations made for the purposes of
7 this section.
8
9 54. Section 117 amended
10 In section 117:
11 (a) after paragraph (a) insert:
12
13 or
14
15 (b) in paragraph (c) delete "pipeline," and insert:
16
17 pipeline; or
18
19 (c) after paragraph (c) insert:
20
21 (d) navigation; or
22 (e) fishing; or
23 (f) the conservation of the resources of the sea and
24 the seabed,
25
26 55. Section 128 amended
27 In section 128 delete the definition of Barrow Marine lease.
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s. 56
1 56. Section 134A amended
2 (1) In section 134A(a) in the definitions of Minister and petroleum
3 after "Petroleum" insert:
4
5 and Geothermal Energy Resources
6
7 (2) The remaining amendments in this section are to the section
8 that, under section 134A(c), is to be read as the Petroleum
9 Act 1936 section 117.
10 (3) In that section 117 delete "Where" and insert:
11
12 (1) Where
13
14 (4) At the end of that section 117 insert:
15
16 (2) Regulations under the Petroleum and Geothermal
17 Energy Resources Act 1967 section 153(2)(la) to (lc)
18 may apply in relation to operations referred to in
19 paragraphs (d) and (f) of the definition of petroleum
20 operation in section 5(1) of that Act.
21
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amended
s. 57
1 57. Part IVA inserted
2 Before Part IV insert:
3
4 Part IVA -- Release of information
5 Division 1 -- Preliminary
6 150A. Terms used
7 In this Part, unless the contrary intention appears --
8 applicable document means --
9 (a) an application made after the commencement to
10 the Minister under this Act; or
11 (b) a document accompanying an application so
12 made; or
13 (c) a report, return or other document relating to a
14 block given after the commencement to the
15 Minister under --
16 (i) this Act; or
17 (ii) regulations made for the purposes of
18 section 116A;
19 commencement means the commencement of the
20 Petroleum and Energy Legislation Amendment
21 Act 2009 section 57;
22 documentary information means information
23 contained in an applicable document;
24 Minister of another jurisdiction means a Minister of
25 the Commonwealth, a Minister of another State or a
26 Minister of the Northern Territory;
27 mining sample means --
28 (a) a core or cutting from, or a sample of, the
29 seabed or subsoil; or
30 (b) a sample of petroleum recovered; or
page 38
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 57
1 (c) a sample of fluid recovered (other than fluid
2 petroleum),
3 that has been given at any time, whether before or after
4 the commencement, to the Minister, and includes a
5 portion of such a core, cutting or sample.
6 Division 2 -- Protection of confidentiality of
7 information and samples
8 Subdivision 1 -- Information and samples obtained by
9 the Minister
10 150B. Protection of confidentiality of information
11 obtained by the Minister
12 (1) This section restricts what the Minister may do with
13 documentary information.
14 (2) The Minister shall not --
15 (a) make the information publicly known; or
16 (b) make the information available to a person
17 (other than another Minister or a Minister of
18 another jurisdiction),
19 unless the Minister does so --
20 (c) in accordance with regulations made for the
21 purposes of this paragraph; or
22 (d) for the purposes of the administration of
23 this Act.
24 150C. Protection of confidentiality of samples obtained by
25 the Minister
26 (1) This section restricts what the Minister may do with a
27 mining sample.
page 39
Petroleum and Energy Legislation Amendment Bill 2009
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 57
1 (2) The Minister shall not --
2 (a) make publicly known any details of the sample;
3 or
4 (b) permit a person (other than another Minister or
5 a Minister of another jurisdiction) to inspect the
6 sample,
7 unless the Minister does so --
8 (c) in accordance with regulations made for the
9 purposes of this paragraph; or
10 (d) for the purposes of the administration of
11 this Act.
12 150D. Information or samples obtained by Minister can be
13 made available to certain persons
14 The Minister may make documentary information or a
15 mining sample available to another Minister or a
16 Minister of another jurisdiction.
17 Subdivision 2 -- Information and samples obtained by
18 another Minister
19 150E. Protection of confidentiality of information
20 obtained by another Minister
21 (1) This section restricts what a Minister may do with
22 documentary information made available to that
23 Minister under section 150D or 150G.
24 (2) The Minister shall not --
25 (a) make the information publicly known; or
26 (b) make the information available to a person
27 (other than another Minister or a Minister of
28 another jurisdiction),
page 40
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 57
1 unless the Minister does so --
2 (c) in accordance with regulations made for the
3 purposes of this paragraph; or
4 (d) for the purposes of the administration of
5 this Act.
6 150F. Protection of confidentiality of samples obtained by
7 another Minister
8 (1) This section restricts what a Minister may do with a
9 mining sample made available to that Minister under
10 section 150D or 150G.
11 (2) The Minister shall not --
12 (a) make publicly known any details of the sample;
13 or
14 (b) permit a person (other than another Minister or
15 a Minister of another jurisdiction) to inspect the
16 sample,
17 unless the Minister does so --
18 (c) in accordance with regulations made for the
19 purposes of this paragraph; or
20 (d) for the purposes of the administration of
21 this Act.
22 150G. Information or samples obtained by another
23 Minister can be made available to certain persons
24 A Minister to whom documentary information or a
25 mining sample is made available under section 150D or
26 this section may make the information or sample
27 available to another Minister or a Minister of another
28 jurisdiction.
page 41
Petroleum and Energy Legislation Amendment Bill 2009
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 58
1 Subdivision 3 -- Miscellaneous
2 150H. Fees
3 (1) This section applies to regulations made for the
4 purposes of any of the following --
5 (a) section 150B(2)(c);
6 (b) section 150C(2)(c);
7 (c) section 150E(2)(c);
8 (d) section 150F(2)(c).
9 (2) The regulations may make provision for fees relating
10 to --
11 (a) making information available to a person; or
12 (b) permitting a person to inspect a sample.
13
14 58. Section 153 amended
15 In section 153(2):
16 (a) in paragraph (d) delete "installations or equipment;" and
17 insert:
18
19 installations, equipment or facilities;
20
21 (b) after paragraph (k) insert:
22
23 (la) the preparation, submission and approval of
24 environment plans;
25 (lb) the prohibition of the doing of an act or thing
26 otherwise than in accordance with an approved
27 environment plan;
28 (lc) the responsibilities of a permittee, holder of a
29 drilling reservation, lessee, licensee or holder of
30 a special prospecting authority or access
page 42
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 59
1 authority as to authorising, or obtaining
2 authorisation for, the release of documentary
3 information as defined in section 150A;
4
5 59. Section 154 inserted
6 At the end of Part IV insert:
7
8 154. Further transitional provisions
9 (1) In this section --
10 Gazettal day means the day on which transitional
11 regulations are published in the Gazette;
12 transitional matter means a matter of a transitional,
13 savings or application nature;
14 transitional regulations means regulations under
15 subsection (3).
16 (2) Schedule 2 contains provisions relating to transitional
17 matters.
18 (3) Regulations may prescribe anything else required,
19 necessary or convenient to be prescribed in relation to a
20 transitional matter in connection with amendments
21 made to this Act by another Act (the amending Act).
22 (4) Transitional regulations can only be made before the
23 end of the period of 12 months beginning on the day on
24 which the amending Act commences.
25 (5) If transitional regulations provide that a state of affairs
26 is to be taken to have existed, or not to have existed, on
27 and from a day (the operative day) that is earlier than
28 Gazettal day, the regulations have effect according to
29 their terms as long as the operative day is not earlier
30 than the day on which the amending Act commences.
page 43
Petroleum and Energy Legislation Amendment Bill 2009
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 60
1 (6) If transitional regulations contain a provision referred
2 to in subsection (5), the provision does not operate so
3 as to --
4 (a) affect in a manner prejudicial to any person
5 (other than the State), the rights of that person
6 existing before Gazettal day; or
7 (b) impose liabilities on any person (other than the
8 State or an authority of the State) in respect of
9 anything done or omitted to be done before
10 Gazettal day.
11
12 60. Schedule 1 amended
13 (1) In Schedule 1 clause 53 delete the Penalty and insert:
14
15 Penalty for an offence under subclause (3): a fine of $3 300
16 or imprisonment for 6 months or both.
17
18 (2) In Schedule 1 clause 54 delete the Penalty and insert:
19
20 Penalty for an offence under subclause (5): a fine of $3 300
21 or imprisonment for 6 months or both.
22
23 (3) In Schedule 1 clause 62 delete the Penalty and insert:
24
25 Penalty for an offence under subclause (1), (2) or (3): a fine
26 of $11 000.
27
28 (4) In Schedule 1 clause 66 delete the Penalty and insert:
29
30 Penalty for an offence under subclause (3): a fine of $5 000.
31
page 44
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 60
1 (5) In Schedule 1 clause 71(1) delete "67" and insert:
2
3 70
4
5 (6) In the provisions listed in the Table after "Penalty:" (each
6 occurrence) insert:
7
8 a fine of
9
10 Table
Sch. 1 cl. 4(1) and (2) Sch. 1 cl. 7(1) and (2)
Sch. 1 cl. 8(1) and (2) Sch. 1 cl. 9(1), (2), (4) and (5)
Sch. 1 cl. 10(1) and (2) Sch. 1 cl. 11(1)
Sch. 1 cl. 12(1) Sch. 1 cl. 13(1)
Sch. 1 cl. 52 Sch. 1 cl. 57(7)
Sch. 1 cl. 59(1) Sch. 1 cl. 61
Sch. 1 cl. 64(5) Sch. 1 cl. 70(1)
Sch. 1 cl. 74 Sch. 1 cl. 75
Sch. 1 cl. 76(1)
11
page 45
Petroleum and Energy Legislation Amendment Bill 2009
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 61
1 61. Schedule 2 inserted
2 At the end of the Act insert:
3
4 Schedule 2 -- Further transitional provisions
5 [s. 154]
6 Division 1 -- Provisions for Petroleum and Energy
7 Legislation Amendment Act 2009
8 1. Terms used
9 In this Division --
10 amending Act means the Petroleum and Energy Legislation
11 Amendment Act 2009;
12 regulation 3 means the Petroleum and Geothermal Energy
13 Resources Regulations 1987 regulation 3.
14 2. Section 41(5) (permit renewals)
15 (1) This clause has effect despite the deletion of section 41(5)
16 by section 17(2) of the amending Act.
17 (2) Section 41(5) as in force immediately before the
18 commencement of section 17 of the amending Act continues
19 to apply in respect of the first application after that
20 commencement for the renewal of a permit that was granted
21 before that commencement.
22 3. Section 112 (release of information)
23 (1) This clause has effect despite the deletion of section 112 by
24 section 51 of the amending Act.
25 (2) Section 112 as in force immediately before it was deleted
26 continues to apply in respect of information given to the
27 Minister before the commencement of section 51 of the
28 amending Act.
page 46
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 62
1 (3) Regulation 3 as in force immediately before the deletion of
2 section 112 --
3 (a) continues in force for the purposes of that section as
4 it continues to apply under subclause (1); and
5 (b) also separately continues in force on and after the
6 commencement of section 57 of the amending Act
7 as if it had been made for the purposes of Part IVB.
8 (4) Regulation 3 as continued in force under subclause (3)(a) or
9 (b) may, for the purposes of its application under
10 subclause (3)(a) or (b), be amended or deleted by
11 regulations.
12
13 62. Various penalties amended
14 (1) In section 48K delete the Penalty and insert:
15
16 Penalty for an offence under subsection (2): a fine of
17 $10 000.
18
19 (2) In section 78(1c) delete the Penalty.
20 (3) In section 78(2) delete the Penalty and insert:
21
22 Penalty for an offence under subsection (1c) or (2): a
23 fine of $5 000.
24
25 (4) In section 79 delete the Penalty and insert:
26
27 Penalty for an offence under subsection (2): a fine of
28 $5 000.
29
page 47
Petroleum and Energy Legislation Amendment Bill 2009
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 62
1 (5) In section 84 delete "offence and is liable to a penalty of
2 $5 000." and insert:
3
4 offence.
5
6 (6) At the end of section 84 insert:
7
8 Penalty: a fine of $5 000.
9
10 (7) In section 90 delete the Penalty and insert:
11
12 Penalty for an offence under subsection (1) or (3): a
13 fine of $10 000.
14
15 (8) In section 91 delete the Penalty and insert:
16
17 Penalty for an offence under subsection (1), (2), (2a) or
18 (3): a fine of $10 000.
19
20 (9) In section 92 delete the Penalty and insert:
21
22 Penalty for an offence under subsection (2) or (3): a
23 fine of $10 000.
24
25 (10) In section 101 delete the Penalty and insert:
26
27 Penalty for an offence under subsection (3): a fine of
28 $10 000.
29
page 48
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 62
1 (11) In section 112A delete the Penalty and insert:
2
3 Penalty for an offence under subsection (3): a fine of
4 $100 000 or imprisonment for 10 years.
5
6 (12) In section 115 delete the Penalty and insert:
7
8 Penalty for an offence under subsection (2): a fine of
9 $10 000.
10
11 (13) In section 118 delete the Penalty and insert:
12
13 Penalty for an offence under subsection (3): a fine of
14 $500.
15
16 (14) In section 119 delete the Penalty and insert:
17
18 Penalty for an offence under subsection (2) or (3): a
19 fine of $5 000.
20
21 (15) In the provisions listed in the Table after "Penalty:" insert:
22
23 a fine of
24
25 Table
s. 13(2) s. 29(1) and (2)
s. 49(1) and (2) s. 67(1)
s. 76(1) s. 95(2a), (2b) and (2c)
s. 105(9) s. 106(10) and (11)
page 49
Petroleum and Energy Legislation Amendment Bill 2009
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 62
s. 111 s. 113(1)
s. 117 s. 134A(b) (substituted s. 75(1)
and (2))
page 50
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 63
1 Part 3 -- Petroleum (Submerged Lands) Act 1982
2 amended
3 63. Act amended
4 This Part amends the Petroleum (Submerged Lands) Act 1982.
5 64. Section 3 amended
6 Delete section 3(2) to (5).
7 65. Section 4 amended
8 (1) In section 4 delete the definitions of:
9 adjacent area
10 Commonwealth Act
11 Convention
12 Division
13 natural resources.
14 (2) In section 4 insert in alphabetical order:
15
16 adjacent area, in relation to a pipeline or pipeline
17 licence, has the meaning given in section 60K;
18 adjacent area, other than in relation to a pipeline or
19 pipeline licence, has the meaning given in section 5;
20 Commonwealth Act means the Offshore Petroleum
21 and Greenhouse Gas Storage Act 2006
22 (Commonwealth);
23 good processing and transport practice means all
24 those things that are generally accepted as good and
25 safe in the processing and storage of petroleum and the
26 preparation of petroleum for transport;
27 infrastructure facilities has the meaning given in
28 section 6B;
29 infrastructure licence means an infrastructure licence
30 under Part III;
page 51
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 65
1 infrastructure licence area, in relation to an
2 infrastructure licence, means the place in respect of
3 which the infrastructure licence is in force;
4 infrastructure licensee means the registered holder of
5 an infrastructure licence;
6 natural resources has the same meaning as in
7 paragraph 4 of Article 77 of the United Nations
8 Convention on the Law of the Sea done at Montego
9 Bay on 10 December 1982;
10 Note: Paragraph 4 of Article 77 is as follows:
11 The natural resources referred to in this Part consist of the
12 mineral and other non-living resources of the seabed and subsoil
13 together with living organisms belonging to sedentary species,
14 that is to say, organisms which, at the harvestable stage, either
15 are immobile on or under the seabed or are unable to move
16 except in constant physical contact with the seabed or the
17 subsoil.
18 offshore area means the offshore area of Western
19 Australia within the meaning of the Commonwealth
20 Act section 7;
21 scheduled area means the scheduled area for Western
22 Australia described in Schedule 2;
23 territorial sea means the territorial sea of Australia and
24 includes the territorial sea adjacent to any island
25 forming part of Western Australia;
26
27 (3) In section 4 in the definition of petroleum:
28 (a) after paragraph (a) insert:
29
30 or
31
32 (b) in paragraph (c) delete "hydrogen-sulphide," and insert:
33
34 hydrogen sulphide,
35
page 52
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 66
1 (4) In section 4 in the definition of pipeline:
2 (a) delete "59A" and insert:
3
4 60K
5
6 (b) after each of paragraphs (a) and (b) insert:
7
8 or
9
10 (5) In section 4 in the definition of registered holder before
11 "pipeline licence" (each occurrence) insert:
12
13 infrastructure licence,
14
15 (6) In section 4 in the definition of relinquished area:
16 (a) after paragraph (ca) insert:
17
18 (da) in relation to an infrastructure licence that has
19 been surrendered, cancelled or terminated, the
20 place that constituted the infrastructure licence
21 area; and
22
23 (b) after each of paragraphs (a), (b), (c), (ca) and (d) insert:
24
25 and
26
27 66. Section 5 amended
28 (1) Delete section 5(1) and insert:
29
30 (1) For the purposes of subsection (2A), assume that the
31 breadth of the territorial sea had never been determined
32 or declared to be greater than 3 nautical miles, but had
33 continued to be 3 nautical miles.
page 53
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 67
1 (2A) In this Act, unless the contrary intention appears --
2 adjacent area means --
3 (a) so much of the scheduled area as consists of the
4 territorial sea; and
5 (b) subject to subsection (2), any area that --
6 (i) is within the scheduled area; and
7 (ii) is on the landward side of the territorial
8 sea and not within the limits of Western
9 Australia; and
10 (iii) was, immediately before
11 14 February 1983, the subject of an
12 exploration permit for petroleum
13 subsisting under the Petroleum
14 (Submerged Lands) Act 1967
15 (Commonwealth).
16
17 (2) In section 5(2) delete "paragraphs (a), (b) and (c) of the
18 definition of the "adjacent area" in section 4" and insert:
19
20 paragraph (b) of the definition of adjacent area in
21 subsection (2A)
22
23 67. Sections 6A and 6B inserted
24 After section 5 insert:
25
26 6A. Effect of alteration of adjacent area
27 (1) In this section --
28 Commonwealth instrument means an instrument under
29 the Commonwealth Act that confers, in relation to the
30 offshore area, some or all of the rights that a petroleum
31 mining instrument confers in relation to the adjacent
32 area;
page 54
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 67
1 petroleum mining instrument means a permit, lease,
2 licence, infrastructure licence or pipeline licence.
3 (2) This section applies to a change to the boundary of the
4 adjacent area whether occurring before, on or after the
5 day on which the Petroleum and Energy Legislation
6 Amendment Act 2009 section 67 comes into operation.
7 (3) If --
8 (a) a petroleum mining instrument has been
9 granted on the basis that an area (the first area)
10 is within the adjacent area; and
11 (b) as a result of a change to the boundary of the
12 adjacent waters the first area --
13 (i) ceases to be within the adjacent area;
14 and
15 (ii) falls within the offshore area,
16 this Act applies in relation to the petroleum mining
17 instrument as if the first area were still within the
18 adjacent area.
19 (4) Subsection (3) continues to apply to the first area only
20 while the petroleum mining instrument remains in
21 force.
22 (5) If --
23 (a) a Commonwealth instrument has been granted
24 on the basis that an area (the second area) is
25 within the offshore area; and
26 (b) as a result of a change to the boundary of the
27 adjacent waters the first area --
28 (i) ceases to be within the offshore area;
29 and
30 (ii) falls within the adjacent area,
31 then, so far as the Commonwealth instrument is
32 concerned, this Act does not apply to the second area.
page 55
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 67
1 (6) Subsection (5) continues to apply to the second area
2 only while the Commonwealth instrument remains in
3 force.
4 6B. Infrastructure facilities
5 (1) In this Act --
6 infrastructure facilities means facilities for engaging
7 in any of the activities mentioned in subsection (2),
8 being --
9 (a) facilities that are resting on the seabed; or
10 (b) facilities (including facilities that are floating)
11 that are fixed or connected to the seabed; or
12 (c) facilities that are attached or tethered to
13 facilities referred to in paragraph (a) or (b).
14 (2) The activities referred to in subsection (1) are the
15 following --
16 (a) remote control of facilities used for the
17 recovery of petroleum in a licence area;
18 (b) processing petroleum recovered in any place,
19 including --
20 (i) converting petroleum into another form
21 by physical or chemical means or both
22 (for example, converting it into
23 liquefied natural gas or methanol); and
24 (ii) partial processing of petroleum (for
25 example, by the removal of water);
26 (c) storing petroleum before it is transported to
27 another place;
28 (d) preparing petroleum (for example, by
29 operations such as pumping or compressing)
30 for transport to another place;
31 (e) activities related to any of the above,
page 56
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 68
1 but, except as mentioned in paragraph (a), do not
2 include engaging in the exploration for, or recovery of,
3 petroleum.
4
5 68. Section 6 amended
6 (1) In section 6(1):
7 (a) before "pipeline licence," (first and second occurrences)
8 insert:
9
10 infrastructure licence,
11
12 (b) delete "pipeline licence," (third and fourth occurrences).
13 (2) In section 6(2) delete "licence or" (each occurrence) and insert:
14
15 licence, infrastructure licence or
16
17 (3) Delete section 6(5).
18 (4) In section 6(7) before "pipeline licence" (each occurrence)
19 insert:
20
21 infrastructure licence,
22
23 69. Part II heading amended
24 In the heading to Part II delete "Commonwealth
25 adjacent" and insert:
26
27 offshore
28
page 57
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 70
1 70. Section 11 replaced
2 Delete section 11 and insert:
3
4 11. Terms used
5 In this Part --
6 Commonwealth Act means --
7 (a) the Offshore Petroleum and Greenhouse Gas
8 Storage Act 2006 (Commonwealth); or
9 (b) the Offshore Petroleum and Greenhouse Gas
10 Storage (Registration Fees) Act 2006
11 (Commonwealth); or
12 (c) the Offshore Petroleum and Greenhouse Gas
13 Storage (Safety Levies) Act 2006
14 (Commonwealth); or
15 (d) the Offshore Petroleum (Royalty) Act 2006
16 (Commonwealth);
17 Designated Authority has the meaning given in the
18 Offshore Petroleum and Greenhouse Gas Storage
19 Act 2006 (Commonwealth) section 7.
20
21 71. Section 12 amended
22 In section 12(1) and (2) delete "which the" and insert:
23
24 which a
25
page 58
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 72
1 72. Section 13 amended
2 In section 13:
3 (a) delete "which the" and insert:
4
5 which a
6
7 (b) delete "Commonwealth adjacent" and insert:
8
9 offshore
10
11 73. Section 14 amended
12 In section 14:
13 (a) delete "which the" and insert:
14
15 which a
16
17 (b) delete "Commonwealth adjacent" and insert:
18
19 offshore
20
21 74. Section 15 amended
22 In section 15:
23 (a) delete "Commonwealth adjacent" and insert:
24
25 offshore
26
27 (b) delete "to the" and insert:
28
29 to a
30
page 59
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 75
1 75. Section 18 amended
2 (1) Delete section 18(1) and insert:
3
4 (1) The Minister may, by instrument published in the
5 Gazette, declare that a permit, lease, licence,
6 infrastructure licence, special prospecting authority or
7 access authority shall not be granted in respect of a
8 block specified in the instrument and that a pipeline
9 licence shall not be granted in respect of a pipeline
10 over or in that block.
11 (2A) A declaration cannot be made under subsection (1) in
12 respect of a block in respect of which a permit, lease,
13 licence or infrastructure licence is in force or over or in
14 which there is a pipeline.
15
16 (2) In section 18(2) before "special prospecting authority" insert:
17
18 infrastructure licence,
19
20 76. Section 21 amended
21 Delete section 21(1)(a).
22 77. Section 22A inserted
23 After section 21 insert:
24
25 22A. Competing applications for a block
26 (1) This section applies if 2 or more applications have been
27 made under section 20 for the grant of a permit in
28 respect of the same block or blocks.
page 60
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 77
1 (2) The Minister may grant the permit to whichever
2 applicant, in the Minister's opinion, is most deserving
3 of the grant of the permit having regard to criteria
4 made publicly available by the Minister.
5 (3) For the purposes of subsection (2), the Minister may
6 rank the applicants in the order in which they are
7 deserving of the grant, the most deserving applicant
8 being ranked highest.
9 (4) The Minister may exclude from the ranking any
10 applicant that, in the Minister's opinion, is not
11 deserving of the grant of the permit.
12 (5) If the Minister is of the opinion that, after considering
13 the information accompanying the applications, 2 or
14 more of the applicants are equally deserving of the
15 grant of the permit, the Minister may, by written notice
16 served on each of those applicants, invite them to give
17 to the Minister, within a period stated in the notice,
18 particulars of the applicant's proposals for additional
19 work and expenditure in respect of the block or blocks
20 specified in the application, being particulars that the
21 Minister considers to be relevant in determining which
22 of the applicants is most deserving of the grant of the
23 permit.
24 (6) If any particulars are given by applicants to the
25 Minister in accordance with the invitations contained in
26 the notices served under subsection (5), the Minister
27 shall have regard to the particulars in determining
28 whichever of the applicants is most deserving of the
29 grant of the permit.
30
page 61
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 78
1 78. Sections 23A, 23B and 23C inserted
2 After section 22 insert:
3
4 23A. Withdrawal of application
5 The person who has made, or all the persons who have
6 jointly made, an application under section 20 for the
7 grant of a permit may, by written notice served on the
8 Minister, withdraw the application at any time before a
9 permit is granted in respect of the application.
10 23B. Application continued after withdrawal of joint
11 applicant
12 If --
13 (a) an application made under section 20 for the
14 grant of a permit was a joint application; and
15 (b) all of the joint applicants, by written notice
16 served on the Minister, inform the Minister that
17 one or more, but not all, of them, as specified in
18 the notice, withdraw from the application,
19 the following paragraphs have effect --
20 (c) the application continues in force as if it had
21 been made by the remaining applicant or
22 applicants;
23 (d) if the Minister had informed the joint applicants
24 that the Minister was prepared to grant to the
25 applicants a permit in respect of the block or
26 blocks to which the application relates -- the
27 Minister is taken not to have so informed the
28 applicants.
page 62
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 79
1 23C. Effect of withdrawal or lapse of application
2 If --
3 (a) 2 or more applications have been made under
4 section 20 for the grant of a permit in respect of
5 the same block or blocks; and
6 (b) one or more, but not all, of the applications are
7 withdrawn or have lapsed,
8 the following paragraphs have effect --
9 (c) the withdrawn or lapsed application or
10 applications are taken not to have been made;
11 (d) if the Minister had informed the applicant or
12 one of the applicants whose application had
13 been withdrawn or had lapsed that the Minister
14 was prepared to grant to that applicant a permit
15 in respect of the block or blocks -- the Minister
16 is taken not to have so informed the applicant
17 concerned;
18 (e) if the applicant or one of the applicants whose
19 application had been withdrawn had requested
20 the Minister under section 22(3) to grant a
21 permit to the applicant concerned -- the request
22 is taken not to have been made;
23 (f) if the Minister had refused to grant a permit to
24 the remaining applicant or any of the remaining
25 applicants -- the refusal or refusals are taken
26 not to have occurred.
27
28 79. Section 23 amended
29 Delete section 23(4)(a).
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s. 80
1 80. Section 24 amended
2 In section 24(3) delete "shall not, unless the Minister otherwise
3 determines," and insert:
4
5 shall not
6
7 81. Section 25 amended
8 In section 25(5)(b)(ii) delete "him or enter into an agreement
9 under section 109 in respect of that balance." and insert:
10
11 the applicant.
12
13 82. Section 26 amended
14 (1) In section 26(1)(b) delete "him or enter into an agreement under
15 section 109 in respect of that balance." and insert:
16
17 the applicant.
18
19 (2) In section 26(2)(b) delete "him or entered into an agreement
20 under section 109 in respect of that balance," and insert:
21
22 the applicant,
23
24 83. Section 27 amended
25 In section 27(b) delete "him or has entered into an agreement
26 under section 109 in respect of that balance," and insert:
27
28 the applicant,
29
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Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 84
1 84. Section 29 amended
2 (1) In section 29 delete "Subject" and insert:
3
4 (1) Subject
5
6 (2) At the end of section 29 insert:
7
8 (2) If --
9 (a) a permit in respect of a block or blocks cannot
10 be renewed or further renewed; and
11 (b) before the time when the permit would, apart
12 from this subsection, expire, the permittee has
13 duly made an application to the Minister for the
14 grant of a lease or licence in respect of the
15 block, or one or more of the blocks, being a
16 block or blocks that are included in a location,
17 the permit continues in force in respect of the block or
18 blocks to which the application relates until --
19 (c) if the Minister tells the permittee that the
20 Minister is prepared to grant to the permittee a
21 lease or licence in respect of the block or one or
22 more of the blocks -- such a lease or licence is
23 granted, the permittee withdraws the
24 application or the application lapses; or
25 (d) if the Minister decides not to grant to the
26 permittee such a lease -- the end of the period
27 of one year after the day of the service under
28 section 38B(2) or (3A) of the instrument or
29 notice refusing to grant the lease; or
30 (e) if the Minister decides not to grant to the
31 permittee such a licence -- notice of the
32 decision is served on the permittee.
33
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Petroleum and Energy Legislation Amendment Bill 2009
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s. 85
1 85. Section 30 amended
2 (1) In section 30(1) delete "section 31," and insert:
3
4 sections 31 and 32A,
5
6 (2) Delete section 30(2)(a).
7 86. Section 31 amended
8 (1) In section 31(1) delete "subsection (3)," and insert:
9
10 subsections (3), (4) and (5),
11
12 (2) Delete section 31(3) to (7) and insert:
13
14 (3) An application for the renewal of a permit may include,
15 in addition to the blocks referred to in subsection (1), a
16 block that is, or is included in, a location and in respect
17 of which the permit is in force, or 2 or more such
18 blocks.
19 (4) If a permit is in force in respect of 5 or 6 blocks, an
20 application may be made for the renewal of the permit
21 in respect of one, 2, 3 or 4 of those blocks.
22 (5) Subject to subsection (6) --
23 (a) if a permit is in force in respect of 4 blocks, an
24 application may be made for the renewal of the
25 permit in respect of one, 2, 3 or all of those
26 blocks;
27 (b) if a permit is in force in respect of 3 blocks, an
28 application may be made for the renewal of the
29 permit in respect of one, 2 or all of those
30 blocks;
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s. 87
1 (c) if a permit is in force in respect of 2 blocks, an
2 application may be made for the renewal of the
3 permit in respect of either or both of those
4 blocks;
5 (d) an application may be made for the renewal of
6 a permit that is in force in respect of one block.
7 (6) Despite sections 30(1) and 32, if a permit has been
8 renewed as a result of an application referred to in
9 subsection (5) --
10 (a) the permittee is not entitled to apply for a
11 further renewal of the permit; and
12 (b) the Minister cannot grant a further renewal of
13 the permit.
14
15 87. Section 32A inserted
16 After section 31 insert:
17
18 32A. Certain permits cannot be renewed more than twice
19 (1) This section applies to a permit if --
20 (a) the permit was granted under section 22 --
21 (i) on or after the day of the coming into
22 operation of the Petroleum and Energy
23 Legislation Amendment Act 2009
24 section 87 (the commencement day);
25 and
26 (ii) as a result of an application made in
27 response to an invitation in an
28 instrument that was published under
29 section 20(1) on or after the
30 commencement day;
31 or
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s. 88
1 (b) the permit was granted under section 27 on or
2 after the commencement day.
3 (2) Despite sections 30(1) and 32, if a permit to which this
4 section applies has been renewed twice --
5 (a) the permittee is not entitled to apply for a
6 further renewal of the permit; and
7 (b) the Minister cannot grant a further renewal of
8 the permit.
9
10 88. Section 34 replaced
11 Delete section 34 and insert:
12
13 34. Discovery of petroleum to be notified
14 Where petroleum is discovered in a permit area, the
15 permittee --
16 (a) shall forthwith inform the Minister of the
17 discovery; and
18 (b) shall, within the period of 3 days after the date
19 of the discovery, furnish to the Minister
20 particulars in writing of the discovery.
21 Penalty: a fine of $10 000.
22
23 89. Section 35 deleted
24 Delete section 35.
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Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 90
1 90. Section 37 amended
2 After section 37(6) insert:
3
4 (7) The Minister may form an opinion for the purposes of
5 this section if the Minister considers that there are
6 reasonable grounds for forming the opinion having
7 regard to any information in the Minister's possession,
8 whether provided by the permittee or otherwise.
9
10 91. Section 38A amended
11 Delete section 38A(2)(a).
12 92. Section 38B amended
13 (1) Delete section 38B(1) and insert:
14
15 (1) If --
16 (a) an application has been made under
17 section 38A; and
18 (b) the applicant has furnished any further
19 information as and when required by the
20 Minister under section 38A(3); and
21 (c) the Minister is satisfied that --
22 (i) the area comprised in the block, or any
23 one or more of the blocks, specified in
24 the application contains petroleum; and
25 (ii) the recovery of petroleum from that area
26 is not, at the time of the application,
27 commercially viable but is likely to
28 become commercially viable within the
29 period of 15 years after that time,
30 the Minister shall, by written notice served on the
31 applicant, inform the applicant that the Minister is
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Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 93
1 prepared to grant to the applicant a lease in respect of
2 the block or blocks as to which the Minister is satisfied
3 as mentioned in paragraph (c).
4
5 (2) In section 38B(2)(b) delete "the blocks" and insert:
6
7 the block, or all the blocks,
8
9 (3) After section 38B(2) insert:
10
11 (3A) If --
12 (a) an application has been made under
13 section 38A specifying 2 or more blocks; and
14 (b) the Minister is not satisfied as mentioned in
15 subsection (1)(c) in relation to one or more, but
16 not all, of the blocks,
17 the Minister shall, by notice in writing served on the
18 applicant, refuse to grant a lease to the applicant in
19 respect of the block or blocks as to which the Minister
20 is not satisfied as mentioned in subsection (1)(c).
21
22 93. Sections 38CA, 38CB and 38CC inserted
23 After section 38BA insert:
24
25 38CA. Application by licensee for lease
26 (1) If --
27 (a) a licence is in force under section 53(1)(c)
28 or (2) in respect of a block or blocks; and
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s. 93
1 (b) no operations for the recovery of petroleum are
2 being carried on under the licence in respect of
3 an area (the unused area) --
4 (i) that consists of, or consists of part of,
5 the block or blocks; and
6 (ii) in which petroleum has been found to
7 exist,
8 the licensee may, within the application period, apply
9 to the Minister for the grant of a lease in respect of the
10 unused area.
11 (2) An application under subsection (1) --
12 (a) is to be made in an approved manner; and
13 (b) is to be accompanied by particulars of --
14 (i) the proposals of the applicant for work
15 and expenditure in respect of the unused
16 area; and
17 (ii) the commercial viability of the recovery
18 of petroleum from the unused area at the
19 time of the application, and particulars
20 of the possible future commercial
21 viability of the recovery of petroleum
22 from that area;
23 and
24 (c) may set out any other matters that the applicant
25 wishes to be considered; and
26 (d) is to be accompanied by the prescribed fee.
27 (3) The Minister may, at any time by written notice served
28 on the applicant, require the applicant to give, within
29 the period stated in the notice, further written
30 information in connection with the application.
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s. 93
1 (4) The application period in respect of an application
2 under this section by a licensee is the period of 5 years
3 that began on --
4 (a) the day on which the licence was granted; or
5 (b) if any operations for the recovery of petroleum
6 have been carried on under the licence in
7 respect of the unused area -- the last day on
8 which any such operations were carried on.
9 38CB. Grant or refusal of lease in relation to application
10 by licensee
11 (1) If --
12 (a) an application has been made under
13 section 38CA; and
14 (b) the applicant has given any further information
15 as and when required by the Minister under
16 section 38CA(3); and
17 (c) the Minister is satisfied that recovery of
18 petroleum from the unused area --
19 (i) is not, at the time of the application,
20 commercially viable; and
21 (ii) is likely to become commercially viable
22 within the period of 15 years after that
23 time,
24 the Minister shall, by written notice served on the
25 applicant, inform the applicant that the Minister is
26 prepared to grant to the applicant a lease in respect of
27 the unused area.
28 (2) If an application has been made under section 38CA
29 and --
30 (a) the applicant has not given further information
31 as and when required by the Minister under
32 section 38CA(3); or
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s. 93
1 (b) the Minister is not satisfied as mentioned in
2 subsection (1)(c) in relation to the unused area,
3 the Minister shall, by written notice served on the
4 applicant, refuse to grant a lease to the applicant.
5 (3) A notice under subsection (1) shall contain --
6 (a) a summary of the conditions subject to which
7 the lease is to be granted; and
8 (b) a statement to the effect that the application
9 will lapse if the applicant does not make a
10 request under subsection (4) in respect of the
11 grant of the lease.
12 (4) An applicant on whom a notice is served under
13 subsection (1) may request the Minister to grant the
14 lease to the applicant.
15 (5) The request must be in writing and must be made --
16 (a) before the end of the period of one month after
17 the date of service of the notice on the applicant
18 under subsection (1); or
19 (b) if the Minister, on application in writing made
20 to the Minister before the end of that period,
21 allows a further period of not more than one
22 month for the making of the request -- before
23 the end of that further period.
24 (6) If the applicant makes the request within the period
25 applicable under subsection (5), the Minister shall
26 grant to the applicant a retention lease in respect of the
27 unused area.
28 (7) If the applicant does not make the request within the
29 period applicable under subsection (5), the application
30 lapses at the end of that period.
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s. 94
1 (8) On the day on which a lease granted under this section
2 in respect of an unused area comes into force, the
3 licence in respect of the block or blocks of which the
4 area consists or in which the area is included ceases to
5 be in force in respect of the area.
6 38CC. Application of sections 38CA and 38CB if licence is
7 transferred
8 If --
9 (a) after an application has been made under
10 section 38CA(1) in relation to an area
11 consisting of or included in a block or blocks in
12 respect of which a licence is in force; and
13 (b) before a decision has been made by the
14 Minister under section 38CB(1) or (2) in
15 relation to the application,
16 a transfer of the licence is registered under section 78,
17 sections 38CA and 38CB have effect, after the time of
18 the transfer, as if any reference in those sections to the
19 applicant were a reference to the transferee.
20
21 94. Section 38F amended
22 Delete section 38F(2)(a).
23 95. Section 38J replaced
24 Delete section 38J and insert:
25
26 38J. Discovery of petroleum to be notified
27 Where petroleum is discovered in a lease area, the
28 lessee --
29 (a) shall forthwith inform the Minister of the
30 discovery; and
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Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 96
1 (b) shall, within the period of 3 days after the date
2 of the discovery, furnish to the Minister
3 particulars in writing of the discovery.
4 Penalty: a fine of $10 000.
5
6 96. Section 38K deleted
7 Delete section 38K.
8 97. Section 41 amended
9 Delete section 41(1)(a).
10 98. Section 43 amended
11 (1) Delete section 43(1) and insert:
12
13 (1) This section applies if an application for the grant of a
14 licence has been made under section 40 or 40A.
15 (2A) If --
16 (a) the applicant has given any further information
17 as and when required by the Minister under
18 section 41(2); and
19 (b) the Minister is satisfied that the area comprised
20 in the block, or any one or more of the blocks,
21 specified in the application contains petroleum,
22 the Minister shall, by written notice served on the
23 applicant, inform the applicant that the Minister is
24 prepared to grant to the applicant a licence in respect of
25 the block or blocks as to which the Minister is satisfied
26 as mentioned in paragraph (b).
27
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Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 99
1 (2) In section 43(2):
2 (a) delete "An instrument under subsection (1)" and insert:
3
4 A notice under subsection (2A)
5
6 (b) in paragraph (b) delete "instrument" and insert:
7
8 notice
9
10 (3) After section 43(2) insert:
11
12 (3) If the Minister decides not to grant to the applicant a
13 licence in respect of the block, or any of the blocks,
14 specified in the application because --
15 (a) the applicant has failed to comply with a
16 requirement made by the Minister under
17 section 41(2); or
18 (b) the Minister is not satisfied that the area
19 comprised in the block, or any of the blocks,
20 contains petroleum,
21 the Minister shall, by written notice served on the
22 applicant, inform the applicant of the Minister's
23 decision and the reasons for the decision.
24
25 99. Section 44 amended
26 (1) In section 44(1):
27 (a) delete "an instrument under section 43(1)" and insert:
28
29 a notice under section 43(2A)
30
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Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 100
1 (b) delete "of the instrument" and insert:
2
3 of the notice
4
5 (c) delete "first-mentioned instrument." and insert:
6
7 notice.
8
9 (2) In section 44(2):
10 (a) delete "an instrument under section 43(1)" and insert:
11
12 a notice under section 43(2A)
13
14 (b) delete "blocks specified in the application." and insert:
15
16 block or blocks as to which the Minister is satisfied as
17 mentioned in section 43(2A)(b).
18
19 (3) In section 44(4) delete "an instrument under section 43(1)" and
20 insert:
21
22 a notice under section 43(2A)
23
24 100. Section 44A amended
25 In section 44A(b) delete "section 43(1)" and insert:
26
27 section 43(2A)
28
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Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 101
1 101. Section 45 amended
2 In section 45(1) delete "the blocks specified in the application."
3 and insert:
4
5 such of the blocks specified in the application as are
6 blocks as to which the Minister is satisfied as
7 mentioned in section 43(2A)(b).
8
9 102. Section 47 amended
10 Delete section 47(6)(a).
11 103. Section 48 amended
12 In section 48(3) delete "shall not, unless the Minister otherwise
13 determines," and insert:
14
15 shall not
16
17 104. Section 49 amended
18 (1) In section 49(5)(c)(ii) delete "statement or enter into an
19 agreement under section 109 in respect of that balance." and
20 insert:
21
22 statement.
23
24 (2) In section 49(6)(b) delete "him, pay that balance or enter into an
25 agreement under section 109 in respect of " and insert:
26
27 the applicant, pay
28
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Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 105
1 (3) In section 49(7)(b) delete "him, has not paid that balance or
2 entered into an agreement under section 109 in respect of " and
3 insert:
4
5 the applicant, has not paid
6
7 105. Section 50 amended
8 In section 50(b) delete "him, has paid that balance or entered
9 into an agreement under section 109 in respect of " and insert:
10
11 the applicant, has paid
12
13 106. Section 51 amended
14 Delete section 51(2)(a).
15 107. Section 53 amended
16 (1) In section 53 delete "Subject to this Part, a licence" and insert:
17
18 (1) Subject to this Part, a licence granted before the
19 commencement of the Petroleum and Energy
20 Legislation Amendment Act 2009 section 107(3)
21
22 (2) Delete section 53(c) and insert:
23
24 (c) in the case of a licence granted by way of the
25 second renewal of a licence -- indefinitely.
26
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Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 108
1 (3) At the end of section 53 insert:
2
3 (2) Subject to this Part, a licence granted after the
4 commencement of the Petroleum and Energy
5 Legislation Amendment Act 2009 section 107(3)
6 remains in force indefinitely.
7
8 108. Section 54A inserted
9 After section 53 insert:
10
11 54A. Termination of licence if no operations for 5 years
12 (1) If a licence is in force under section 53(1)(c) or (2) and
13 the licensee has not carried on any operations for the
14 recovery of petroleum under the licence at any time
15 during a continuous period of at least 5 years, the
16 Minister may, by written notice served on the licensee,
17 inform the licensee that the Minister proposes to
18 terminate the licence after the end of the period of one
19 month after the notice is served.
20 (2) At any time after the end of the period of one month
21 after the notice referred to in subsection (1) is served
22 on the licensee, the Minister may, by written notice
23 served on the licensee, terminate the licence.
24 (3) In working out for the purposes of subsection (1) the
25 duration of the period in which no operations for the
26 recovery of petroleum were carried on under a licence,
27 any period in which no such operations were carried on
28 because of circumstances beyond the licensee's control
29 is to be disregarded.
30
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Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 109
1 109. Section 54 amended
2 (1) In section 54(1) after "licensee" insert:
3
4 under a licence to which section 53(1)(a) or (b) applies
5
6 (2) Delete section 54(2)(a).
7 110. Section 55 amended
8 Delete section 55(1)(c) and (d) and "or" after paragraph (c) and
9 insert:
10
11 (c) shall if --
12 (i) the application is in respect of the first
13 renewal of the licence; or
14 (ii) the application is in respect of a renewal
15 of the licence other than the first
16 renewal and operations for the recovery
17 of petroleum have been carried on in the
18 licence area before the end of the period
19 of 5 years before the application for the
20 renewal was made;
21 or
22 (d) may in any other case,
23
24 111. Section 59 amended
25 In section 59(11)(b) delete "adjacent area in respect" (each
26 occurrence) and insert:
27
28 offshore area
29
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Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 112
1 112. Part III Division 4A inserted
2 After Part III Division 3 insert:
3
4 Division 4A -- Infrastructure licences
5 60A. Construction etc. of infrastructure facilities
6 A person shall not, in the adjacent area --
7 (a) begin or continue the construction, or the
8 alteration or reconstruction, of any
9 infrastructure facilities; or
10 (b) operate any infrastructure facilities,
11 except --
12 (c) under and in accordance with an infrastructure
13 licence; or
14 (d) as otherwise permitted by this Part.
15 Penalty: a fine of $50 000 or imprisonment for 5 years,
16 or both.
17 60B. Application for infrastructure licence
18 (1) A person may apply to the Minister for the grant of an
19 infrastructure licence.
20 (2) The application --
21 (a) shall be made in an approved manner; and
22 (b) shall be accompanied by particulars of the
23 proposals of the applicant for the construction
24 and operation of facilities at a place in the
25 adjacent area, being a place described in the
26 application; and
27 (c) may set out any other matters that the applicant
28 wishes to be considered; and
29 (d) shall be accompanied by the prescribed fee.
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Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 112
1 (3) The Minister may, at any time, by written notice served
2 on the applicant, require the applicant to give, within
3 the period stated in the notice, further written
4 information in connection with the application.
5 60C. Notification as to grant of infrastructure licence
6 (1) If an application for the grant of an infrastructure
7 licence has been made under section 60B and the
8 applicant has given any further information as and
9 when required by the Minister under section 60B(3),
10 then, subject to section 60D, the Minister, by written
11 notice served on the applicant, may inform the
12 applicant that the Minister is prepared to grant to the
13 applicant an infrastructure licence in respect of the
14 place described in the application.
15 (2) A notice under subsection (1) shall --
16 (a) contain a summary of the conditions subject to
17 which the infrastructure licence is to be
18 granted; and
19 (b) contain a statement to the effect that the
20 application will lapse if the applicant does not
21 make a request under section 60E(1) in respect
22 of the infrastructure licence.
23 60D. Notices to be given by Minister
24 (1) This section applies if the Minister is prepared to grant
25 an infrastructure licence (the proposed infrastructure
26 licence) in respect of a place in a block that --
27 (a) is the subject of a permit, lease, licence,
28 infrastructure licence, special prospecting
29 authority or access authority; or
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Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 112
1 (b) is, or is proposed to be, transected by a pipeline
2 in accordance with the provisions of a pipeline
3 licence,
4 of which the registered holder is a person other than the
5 applicant.
6 (2) The Minister shall not inform the applicant under
7 section 60C that the Minister is prepared to grant the
8 proposed infrastructure licence unless the Minister --
9 (a) has, by written notice served on the registered
10 holder referred to in subsection (1), given not
11 less than one month's notice that the Minister is
12 prepared to grant the proposed infrastructure
13 licence; and
14 (b) has served a copy of the notice on such other
15 persons (if any) as the Minister thinks fit; and
16 (c) has, in the notice --
17 (i) given particulars of the proposed
18 infrastructure licence; and
19 (ii) specified a date, on or before which a
20 person on whom the notice, or a copy of
21 the notice, is served may, by writing
22 served on the Minister, submit any
23 matters that the person wishes the
24 Minister to consider;
25 and
26 (d) has taken into account any matters so submitted
27 on or before the specified date by a person on
28 whom the first-mentioned notice, or a copy of
29 it, has been served.
30 (3) Subsection (2) does not apply --
31 (a) in respect of the registered holder of a permit,
32 lease, licence, infrastructure licence or pipeline
33 licence if the registered holder has consented in
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Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 112
1 writing to the grant of the proposed
2 infrastructure licence; or
3 (b) in respect of the registered holder of a special
4 prospecting authority or an access authority
5 if --
6 (i) the registered holder has consented in
7 writing to the grant of the proposed
8 infrastructure licence; or
9 (ii) the special prospecting authority or
10 access authority will expire before any
11 construction or operation of facilities
12 under the proposed infrastructure
13 licence would occur.
14 60E. Grant of infrastructure licence
15 (1) An applicant on whom a notice has been served under
16 section 60C(1) may, by written notice served on the
17 Minister, request the Minister to grant to the applicant
18 the infrastructure licence referred to in the
19 first-mentioned notice.
20 (2) The request must be made --
21 (a) before the end of the period of 3 months after
22 the date of service of the notice on the applicant
23 under section 60C(1); or
24 (b) if the Minister, on application in writing made
25 to the Minister before the end of that period,
26 allows a further period of not more than
27 3 months for the making of the request --
28 before the end of that further period.
29 (3) If the applicant makes the request within the period
30 applicable under subsection (2), the Minister shall
31 grant to the applicant an infrastructure licence in
32 respect of the place described in the application.
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Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 112
1 (4) If the applicant does not make the request within the
2 period applicable under subsection (2), the application
3 lapses at the end of that period.
4 60F. Rights conferred by infrastructure licence
5 (1) An infrastructure licence, while it remains in force,
6 authorises the infrastructure licensee, subject to this
7 Act and in accordance with the conditions to which the
8 infrastructure licence is subject, to construct and
9 operate infrastructure facilities in the infrastructure
10 area.
11 (2) To avoid doubt, the grant of an infrastructure licence is
12 not a prerequisite to doing any thing that could be
13 authorised to be done by a permit, lease, licence or
14 pipeline licence.
15 60G. Term of infrastructure licence
16 Subject to this Part, an infrastructure licence remains in
17 force indefinitely.
18 60H. Termination of infrastructure licence if no
19 operations for 5 years
20 (1) If an infrastructure licensee --
21 (a) has not carried out any construction work under
22 the infrastructure licence at any time during a
23 continuous period of 5 years; and
24 (b) has not used the infrastructure facilities
25 constructed under the infrastructure licence at
26 any time during a continuous period of 5 years,
27 the Minister may, by written notice served on the
28 infrastructure licensee, inform the infrastructure
29 licensee that the Minister proposes to terminate the
30 infrastructure licence after the end of the period of one
31 month after the notice is served.
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Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 112
1 (2) At any time after the end of the period of one month
2 after the notice referred to in subsection (1) is served
3 on the infrastructure licensee, the Minister may, by
4 written notice served on the infrastructure licensee,
5 terminate the infrastructure licence.
6 (3) In working out, for the purposes of subsection (1), the
7 duration of the period in which an infrastructure
8 licensee did not carry out any construction work under
9 the infrastructure licence or did not use the
10 infrastructure facilities constructed under the
11 infrastructure licence, any period in which construction
12 work was not carried out, or the infrastructure facilities
13 were not used, because of circumstances beyond the
14 infrastructure licensee's control is to be disregarded.
15 60I. Conditions of infrastructure licence
16 An infrastructure licence may be granted subject to
17 such conditions as the Minister thinks fit and are
18 specified in the infrastructure licence.
19 60J. Variation of infrastructure licence
20 (1) An infrastructure licensee may, at any time, make an
21 application to the Minister for the variation of the
22 infrastructure licence.
23 (2) An application under this section --
24 (a) shall be made in the approved manner; and
25 (b) shall be accompanied by particulars of the
26 proposed variation; and
27 (c) shall set out the reasons for the proposed
28 variation; and
29 (d) shall be accompanied by the prescribed fee.
page 87
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 112
1 (3) The Minister may, at any time, by written notice served
2 on the applicant, require the applicant to give, within
3 the period stated in the notice, further written
4 information in connection with the application.
5 (4) If the infrastructure licence was granted in respect of a
6 place in a block that --
7 (a) is the subject of a permit, lease, licence,
8 infrastructure licence, special prospecting
9 authority or access authority; or
10 (b) is, or is proposed to be, transected by a pipeline
11 in accordance with the provisions of a pipeline
12 licence,
13 of which the registered holder is a person other than the
14 applicant, the Minister shall not vary the infrastructure
15 licence pursuant to the application unless the
16 Minister --
17 (c) has, by written notice served on the registered
18 holder, given not less than one month's notice
19 that the Minister is considering the application;
20 and
21 (d) has served a copy of the notice on such other
22 persons (if any) as the Minister thinks fit; and
23 (e) has, in the notice --
24 (i) given particulars of the proposed
25 variation; and
26 (ii) specified a date on or before which a
27 person on whom the notice or a copy of
28 the notice, is served may, by writing
29 served on the Minister, submit any
30 matters that the person wishes the
31 Minister to consider.
page 88
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 112
1 (5) Subsection (4) does not apply --
2 (a) in respect of the registered holder of a permit,
3 lease, licence, infrastructure licence or pipeline
4 licence if the registered holder has consented in
5 writing to the variation of the infrastructure
6 licence; or
7 (b) in respect of the registered holder of a special
8 prospecting authority or an access authority
9 if --
10 (i) the registered holder has consented in
11 writing to the variation of the
12 infrastructure licence; or
13 (ii) the special prospecting authority or
14 access authority will expire before any
15 construction or operation of facilities
16 under the infrastructure licence as
17 proposed to be varied would occur.
18 (6) After considering any matters submitted to the Minister
19 under subsection (4) on or before the date specified in
20 the notice served under that subsection by a person to
21 whom the notice, or a copy of the notice, has been
22 served, the Minister may --
23 (a) by written notice served on the applicant, vary
24 the infrastructure licence to such extent as the
25 Minister thinks necessary; or
26 (b) refuse to vary the infrastructure licence.
27
page 89
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 113
1 113. Sections 59A and 59B replaced
2 Delete sections 59A and 59B and insert:
3
4 60K. Term used: adjacent area
5 (1) For the purposes of subsection (2), assume that the
6 breadth of the territorial sea had never been determined
7 or declared to be greater than 3 nautical miles, but had
8 continued to be 3 nautical miles.
9 (2) In this Division --
10 adjacent area means so much of the scheduled area as
11 consists of --
12 (a) the territorial sea; and
13 (b) any area that is --
14 (i) on the landward side of the territorial
15 sea; and
16 (ii) not within the limits of Western
17 Australia.
18
19 114. Section 60 amended
20 (1) Delete section 60(2), (3) and (4) and insert:
21
22 (4) A person shall not, in the adjacent area, commence to
23 operate a pipeline unless --
24 (a) it has been constructed and tested in accordance
25 with a pipeline licence; and
26 (b) the Minister has certified in writing that he or
27 she is satisfied that the pipeline has been so
28 constructed and tested and is fit to be operated.
29
30 (2) In section 60(5) delete "a secondary line or a water line,".
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Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 115
1 (3) In section 60 delete the Penalty and insert:
2
3 Penalty for an offence under subsection (1), (4) or (5):
4 a fine of $50 000 or imprisonment for 5 years, or
5 both.
6
7 115. Section 61 amended
8 In section 61(a) delete "pipeline, water line, pumping station,
9 tank station, valve station or secondary line" (each occurrence)
10 and insert:
11
12 pipeline
13
14 116. Section 62 amended
15 (1) In section 62(1) delete "pipeline, water line, pumping station,
16 tank station, valve station or secondary line" (each occurrence)
17 and insert:
18
19 pipeline
20
21 (2) In section 62(2) delete "pipeline, water line, pumping station,
22 tank station, valve station or secondary line" (each occurrence)
23 and insert:
24
25 pipeline
26
page 91
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 117
1 117. Section 64 amended
2 (1) In section 64(1):
3 (a) delete "pipeline licence -- " and insert:
4
5 pipeline licence whether or not that licence is for the
6 conveyance of petroleum recovered from an area
7 within the adjacent area --
8
9 (b) delete paragraph (a).
10 (2) In section 64(2)(b) delete "a licence area under" and insert:
11
12 the licence area of a production licence under
13
14 118. Section 65 amended
15 In section 65(5) delete "a licence area under" and insert:
16
17 the licence area of a production licence under
18
19 119. Section 67 amended
20 Delete section 67(1) and insert:
21
22 (1) Subject to this Part, a pipeline licence remains in force
23 indefinitely.
24
page 92
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 120
1 120. Section 68 replaced
2 Delete section 68 and insert:
3
4 68. Termination of pipeline licence if no operations for
5 5 years
6 (1) If a pipeline licensee --
7 (a) has not carried out any construction work under
8 the pipeline licence at any time during a
9 continuous period of 5 years; and
10 (b) has not used the pipeline, or has not used a
11 particular part of it, at any time during a
12 continuous period of 5 years,
13 the Minister may, by written notice served on the
14 pipeline licensee, inform the pipeline licensee that the
15 Minister proposes to terminate the pipeline licence, or
16 to terminate the pipeline licence in respect of the
17 unused part of the pipeline, as the case may be, after
18 the end of the period of one month after the notice is
19 served.
20 (2) At any time after the end of the period of one month
21 after the notice referred to in subsection (1) is served
22 on the pipeline licensee, the Minister may, by written
23 notice served on the pipeline licensee, terminate the
24 pipeline licence or terminate the pipeline licence in
25 respect of the unused part of the pipeline, as the case
26 may be.
27 (3) In working out, for the purposes of subsection (1), the
28 duration of the period in which a pipeline licensee did
29 not carry out any construction work under the pipeline
30 licence or did not use the pipeline or a part of the
31 pipeline, any period in which construction work was
32 not carried out, or the pipeline or the part of it was not
page 93
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 121
1 used, because of circumstances beyond the pipeline
2 licensee's control is to be disregarded.
3
4 121. Section 69 deleted
5 Delete section 69.
6 122. Section 70 amended
7 Delete section 70(3).
8 123. Section 71 amended
9 Delete section 71(2)(a).
10 124. Section 72 amended
11 In section 72(1) delete "pipeline, or of a water line, pumping
12 station, tank station, valve station or secondary line" and insert:
13
14 pipeline
15
16 125. Section 74J amended
17 In section 74J after "licence," insert:
18
19 infrastructure licence,
20
21 126. Section 76 amended
22 (1) In section 76(1):
23 (a) after paragraph (b) insert:
24
25 and
26 (ca) in the case of an infrastructure licence, setting
27 out the particulars of the infrastructure licence
28 area; and
29
page 94
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 127
1 (b) after each of paragraphs (a), (c), (d) and (e) insert:
2
3 and
4
5 (2) In section 76(2):
6 (a) delete paragraph (c) and "and" after it;
7 (b) after each of paragraphs (a) and (b) insert:
8
9 and
10
11 127. Section 81A amended
12 In section 81A(4)(a)(i) delete "lease, licence" (each occurrence)
13 and insert:
14
15 lease, licence, infrastructure licence
16
17 128. Section 93 amended
18 In section 93(a), (b) and (c) before "pipeline licence" insert:
19
20 infrastructure licence,
21
22 129. Section 94 replaced
23 Delete section 94 and insert:
24
25 94. Notice of grants of permits etc. to be published
26 The Minister shall cause notice of, and such particulars
27 as the Minister thinks fit of --
28 (a) the grant, and the grant of the renewal, of a
29 permit, lease, licence, infrastructure licence or
30 pipeline licence; and
page 95
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 130
1 (b) the variation of a licence, infrastructure licence
2 or pipeline licence; and
3 (c) the surrender or cancellation of a permit, lease
4 or licence as to all or some of the blocks in the
5 permit area, lease area or licence area; and
6 (d) the surrender or cancellation of an
7 infrastructure licence; and
8 (e) the determination of a permit or lease as to a
9 block or blocks; and
10 (f) an application for a pipeline licence or for a
11 variation of a pipeline licence; and
12 (g) the surrender or cancellation of a pipeline
13 licence as to the whole or a part of the pipeline;
14 and
15 (h) the expiry of a permit, lease or licence, or the
16 termination of a licence, infrastructure licence
17 or pipeline licence,
18 under this Part to be published in the Gazette.
19
20 130. Section 95 amended
21 (1) After section 95(2) insert:
22
23 (3A) The surrender or cancellation of an infrastructure
24 licence has effect on and from the day on which notice
25 of the surrender or cancellation is published in the
26 Gazette.
27
28 (2) In section 95(4) delete "licence or" and insert:
29
30 licence, infrastructure licence or
31
page 96
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 131
1 131. Section 96 amended
2 (1) In section 96(1):
3 (a) delete "licence or" (each occurrence) and insert:
4
5 licence, infrastructure licence or
6
7 (b) delete "licensee or" and insert:
8
9 licensee, infrastructure licensee or
10
11 (2) In section 96(2):
12 (a) delete "licensee or" and insert:
13
14 licensee, infrastructure licensee or
15
16 (b) in paragraph (b) delete "licence or" (each occurrence)
17 and insert:
18
19 licence, infrastructure licence or
20
21 (3) In section 96 delete the Penalty and insert:
22
23 Penalty for an offence under subsection (1) or (3): a
24 fine of $10 000.
25
26 132. Section 97 amended
27 (1) After section 97(2) insert:
28
29 (3A) An infrastructure licensee shall carry out operations
30 authorised by the infrastructure licence in a safe
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Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 133
1 manner and in accordance with good oil-field practice
2 and good processing and transport practice.
3 (3B) In particular and without limiting the generality of
4 subsection (3A), but subject to any authorisation or
5 requirement given or made by or under this Act or
6 regulations or directions under this Act, an
7 infrastructure licensee shall control the flow, and
8 prevent the waste or escape, from a facility constructed
9 under the infrastructure licence, of water, petroleum or
10 any product derived by processing petroleum.
11
12 (2) In section 97 delete the Penalty and insert:
13
14 Penalty for an offence under subsection (1), (2), (3A),
15 (3B), (3), (4) or (5): a fine of $10 000.
16
17 133. Section 97A amended
18 (1) In section 97A(1) before "or pipeline licence" (each occurrence)
19 insert:
20
21 infrastructure licence
22
23 (2) In section 97A(3) before "or pipeline licence" insert:
24
25 infrastructure licence
26
27 (3) In section 97A(4) before "or pipeline licence" insert:
28
29 infrastructure licence
30
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Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 134
1 134. Section 98 amended
2 (1) In section 98(1):
3 (a) in the definition of operator before "pipeline licensee"
4 insert:
5
6 infrastructure licensee,
7
8 (b) in the definition of the operations area paragraph (a)
9 delete "be;" and insert:
10
11 be; and
12
13 (c) in the definition of the operations area after
14 paragraph (a) insert:
15
16 (ba) in relation to an operator who is an
17 infrastructure licensee, means the infrastructure
18 licence area; and
19
20 (2) In section 98 delete the Penalty and insert:
21
22 Penalty for an offence under subsection (2) or (3): a
23 fine of $10 000.
24
25 135. Section 100 deleted
26 Delete section 100.
27 136. Section 101 amended
28 (1) In section 101(1) before "pipeline licence" insert:
29
30 infrastructure licence,
31
page 99
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 137
1 (2) Delete section 101(2)(b) and insert:
2
3 (b) any person (not being a person to whom the
4 direction applies in accordance with
5 paragraph (a)) who is --
6 (i) in the adjacent area for any reason
7 touching, concerning, arising out of or
8 connected with exploring the seabed or
9 subsoil of the adjacent area for
10 petroleum, exploiting the petroleum that
11 occurs as a natural resource of that
12 seabed or subsoil, processing or storing
13 petroleum or preparing petroleum for
14 transport; or
15 (ii) in, on, above, below or in the vicinity of
16 a vessel, aircraft, structure or
17 installation, or equipment or other
18 property, that is in the adjacent area for
19 a reason of that kind,
20
21 137. Section 102 amended
22 In section 102(2a)(a) before "pipeline licensee" insert:
23
24 infrastructure licensee,
25
26 138. Section 103 amended
27 (1) In section 103(1):
28 (a) in paragraph (a) delete "licence or" (first occurrence)
29 and insert:
30
31 licence, infrastructure licence or
32
page 100
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 138
1 (b) in paragraph (a) delete "lease, licence or pipeline
2 licence;" and insert:
3
4 lease or licence;
5
6 (c) in paragraph (i) before "pipeline licensee" insert:
7
8 infrastructure licensee,
9
10 (d) in paragraph (i) before "pipeline licence," insert:
11
12 infrastructure licence,
13
14 (e) in paragraph (j) before "pipeline licensee" insert:
15
16 infrastructure licensee,
17
18 (f) before "pipeline licensee" (fourth occurrence) insert:
19
20 infrastructure licensee,
21
22 (g) in paragraph (l) before "pipeline licensee" insert:
23
24 infrastructure licensee,
25
26 (h) before "pipeline licence," (last occurrence) insert:
27
28 infrastructure licence,
29
30 (2) In section 103(2) delete "licence or" and insert:
31
32 licence, infrastructure licence or
33
page 101
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 139
1 139. Section 104 amended
2 (1) In section 104(1):
3 (a) delete "licence or" and insert:
4
5 licence, infrastructure licence or
6
7 (b) after paragraph (a) insert:
8
9 or
10 (aaa) in the case of an infrastructure licence, as to the
11 infrastructure licence area; or
12
13 (2) In section 104(2) after each of paragraphs (a) to (d) insert:
14
15 and
16
17 (3) In section 104(3) delete "licence or" and insert:
18
19 licence, infrastructure licence or
20
21 (4) After section 104(5)(a) insert:
22
23 (ba) in relation to an infrastructure licence, the
24 infrastructure area; and
25
26 140. Section 105 amended
27 (1) In section 105(1):
28 (a) delete "licensee or" (each occurrence) and insert:
29
30 licensee, infrastructure licensee or
31
page 102
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 140
1 (b) in paragraph (a) delete "licence or" and insert:
2
3 licence, infrastructure licence or
4
5 (c) after paragraph (ea) insert:
6
7 (fa) in the case of an infrastructure licence, cancel
8 the infrastructure licence; or
9
10 (d) after each of paragraphs (a), (b) and (e) insert:
11
12 or
13
14 (2) In section 105(2):
15 (a) before "or cancel" insert:
16
17 cancel an infrastructure licence,
18
19 (b) in paragraphs (a), (c) and (d) delete "lessee, licensee"
20 (each occurrence) and insert:
21
22 lessee, licensee, infrastructure licensee
23
24 (c) in paragraph (a) delete "licence or" and insert:
25
26 licence, infrastructure licence or
27
page 103
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 141
1 141. Section 106 replaced
2 Delete section 106 and insert:
3
4 106. Cancellation of permit etc. not affected by other
5 provisions
6 (1) In this section --
7 cancelled --
8 (a) in the case of a permit or licence -- includes
9 cancelled as to some of the blocks in respect of
10 which it is in force;
11 (b) in the case of a pipeline licence -- includes
12 cancelled as to part of the pipeline in respect of
13 which it is in force;
14 this Act includes the Registration Fees Act;
15 this Part includes the regulations.
16 (2) A permit, licence, pipeline licence, lease or
17 infrastructure licence may be cancelled on the ground
18 that the registered holder has not complied with a
19 provision of this Part or of the regulations even though
20 the holder has been convicted of an offence because of
21 the holder's failure to comply with the provision.
22 (3) If a permit, licence, pipeline licence, lease or
23 infrastructure licence has been cancelled on the ground
24 that the registered holder has not complied with a
25 provision of this Part or of the regulations, the person
26 who was or is the registered holder may be convicted
27 of an offence because of the person's failure to comply
28 with the provision despite the cancellation.
page 104
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 142
1 (4) A permit, licence, pipeline licence, lease or
2 infrastructure licence may be cancelled on the ground
3 that the registered holder has not paid an amount
4 payable by the holder under this Act or the Registration
5 Fees Act within the period of 3 months after the day on
6 which the amount became payable, even though
7 judgment for the amount has been obtained or the
8 amount, or any part of the amount, has been paid or
9 recovered.
10 (5) If a permit, licence, pipeline licence, lease or
11 infrastructure licence has been cancelled on the ground
12 that the registered holder has not paid an amount
13 payable by the holder under this Act or the Registration
14 Fees Act within the period of 3 months after the day on
15 which the amount became payable, the person who was
16 or is the registered holder continues to be liable to pay
17 that amount, together with any additional amount
18 payable because of late payment of that amount,
19 despite the cancellation.
20
21 142. Section 107 amended
22 (1) Delete section 107(1) and (2) and insert:
23
24 (1) If --
25 (a) a permit has been wholly or partly determined
26 or wholly or partly cancelled, or has expired; or
27 (b) a lease has been wholly or partly determined or
28 wholly cancelled, or has expired; or
29 (c) a licence has been wholly or partly determined
30 or wholly or partly cancelled, has been
31 terminated or has expired; or
32 (d) an infrastructure licence has been cancelled or
33 terminated; or
page 105
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 142
1 (e) a pipeline licence has been wholly or partly
2 determined or wholly or partly cancelled, or has
3 been terminated,
4 the Minister may, by written notice served on the
5 person who was or is, as the case may be, the
6 permittee, licensee, lessee, infrastructure licensee or
7 pipeline licensee, direct the person to do any one or
8 more of the following --
9 (f) to remove or cause to be removed from the
10 relinquished area all property brought into the
11 area by any person engaged or concerned in the
12 operations authorised by the permit, lease,
13 licence, infrastructure licence or pipeline
14 licence or to make arrangements that are
15 satisfactory to the Minister with respect to the
16 property;
17 (g) to plug or close off, to the satisfaction of the
18 Minister, all wells made in that area by any
19 person engaged or concerned in those
20 operations;
21 (h) subject to this Part and to the regulations, to
22 make provision, to the satisfaction of the
23 Minister, for the conservation and protection of
24 the natural resources in that area;
25 (i) to make good, to the satisfaction of the
26 Minister, any damage to the seabed or subsoil
27 in that area caused by any person engaged or
28 concerned in those operations.
29 (2) The Minister may, by written notice served on a person
30 who is a permittee, lessee, licensee, infrastructure
31 licensee or pipeline licensee, direct the person to do
32 any one or more of the following --
33 (a) to remove or cause to be removed from the
34 permit area, lease area, licence area,
35 infrastructure licence area or part of the
page 106
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 143
1 adjacent area in which the pipeline is
2 constructed, as the case may be, all property
3 brought into the area or part by any person
4 engaged or concerned in the operations
5 authorised by the permit, lease, licence,
6 infrastructure licence or pipeline licence or to
7 make arrangements that are satisfactory to the
8 Minister with respect to the property;
9 (b) to plug or close off, to the satisfaction of the
10 Minister, all wells made in that area or part by
11 any person engaged or concerned in those
12 operations;
13 (c) subject to this Part and to the regulations, to
14 make provision, to the satisfaction of the
15 Minister, for the conservation and protection of
16 the natural resources in that area or part;
17 (d) to make good, to the satisfaction of the
18 Minister, any damage to the seabed or subsoil
19 in that area or part caused by any person
20 engaged or concerned in those operations.
21
22 (2) In section 107 delete the Penalty and insert:
23
24 Penalty for an offence under subsection (3): a fine of
25 $10 000.
26
27 143. Section 108 replaced
28 Delete section 108 and insert:
29
30 108. Removal of property etc. by Minister
31 (1) This section applies if --
32 (a) a permit has been wholly or partly determined
33 or wholly or partly cancelled, or has expired; or
page 107
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 144
1 (b) a lease has been wholly or partly determined or
2 wholly cancelled, or has expired; or
3 (c) a licence has been wholly or partly determined
4 or wholly or partly cancelled, has been
5 terminated or has expired; or
6 (d) an infrastructure licence has been cancelled or
7 terminated; or
8 (e) a pipeline licence has been wholly or partly
9 determined or wholly or partly cancelled, or has
10 been terminated.
11 (2) If a direction under section 107 has not been complied
12 with, or an arrangement under that section has not been
13 carried out, in relation to the relinquished area --
14 (a) the Minister may do all or any of the things
15 required by the direction or arrangement to be
16 done; and
17 (b) if any property brought into that area by any
18 person engaged or concerned in the operations
19 authorised by the permit, lease, licence,
20 infrastructure licence or pipeline licence has not
21 been removed in accordance with the direction
22 or arrangement, the Minister may, by
23 instrument published in the Gazette, direct that
24 the owner or owners of that property shall
25 remove it from that area, or dispose of it to the
26 satisfaction of the Minister, within the period
27 specified in the instrument and shall serve a
28 copy of the instrument on each person whom
29 the Minister believes to be an owner of that
30 property or any part of that property.
31
32 144. Sections 109 and 110 deleted
33 Delete sections 109 and 110.
page 108
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 145
1 145. Section 111 amended
2 Delete section 111(2)(a).
3 146. Section 112 amended
4 (1) Delete section 112(2)(a).
5 (2) In section 112(4):
6 (a) delete "The" and insert:
7
8 Subject to subsection (5A), the
9
10 (b) delete "lease or licence" (each occurrence) and insert:
11
12 lease, licence or special prospecting authority
13
14 (3) After section 112(4) insert:
15
16 (5A) Subsection (4) does not apply if the holder of the
17 permit, lease, licence or special prospecting authority
18 has consented in writing to the grant of the access
19 authority.
20
21 147. Section 113 amended
22 In section 113(3)(b) before "pipeline licensee" insert:
23
24 infrastructure licensee,
25
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Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 148
1 148. Section 115 amended
2 (1) In section 115(1) delete "recovery of petroleum" and insert:
3
4 recovery of petroleum, operations relating to the
5 processing or storage of petroleum or the preparation
6 of petroleum for transport
7
8 (2) In section 115(2) delete the passage that begins with "penalty,"
9 and continues to the end of the subsection and insert:
10
11 penalty.
12
13 (3) After section 115(2) insert:
14
15 (3) However, any information furnished, answer given or
16 document produced pursuant to the requirement, and
17 any information or thing (including any document)
18 obtained as a direct or indirect consequence of the
19 furnishing of the information, the answering of the
20 question or the production of the document, as the case
21 may be, is not admissible in evidence against the
22 person in any civil proceedings or in any criminal
23 proceedings other than proceedings for an offence
24 against section 117.
25
26 149. Section 118 deleted
27 Delete section 118.
28 150. Section 121 deleted
29 Delete section 121.
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Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 151
1 151. Section 122 amended
2 (1) In section 122(1) before "pipeline licence," insert:
3
4 infrastructure licence,
5
6 (2) In section 122 delete the Penalty and insert:
7
8 Penalty for an offence under subsection (2): a fine of
9 $10 000.
10
11 152. Section 123A inserted
12 After section 122 insert:
13
14 123A. Data management: regulations
15 (1) The regulations may make provision for and in relation
16 to --
17 (a) the keeping of accounts, records and other
18 documents in connection with operations in the
19 adjacent area under --
20 (i) a permit; or
21 (ii) a lease; or
22 (iii) a licence; or
23 (iv) an infrastructure licence; or
24 (v) a pipeline licence; or
25 (vi) a special prospecting authority; or
26 (vii) an access authority; or
27 (viii) a consent under section 123;
28 and
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Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 153
1 (b) the collection and retention of cores, cuttings
2 and samples in connection with those
3 operations; and
4 (c) the giving to the Minister, or a specified person,
5 of reports, returns, other documents, cores,
6 cuttings and samples in connection with those
7 operations.
8 (2) A requirement under section 122 is in addition to a
9 requirement under regulations made for the purposes of
10 this section.
11
12 153. Section 124 amended
13 In section 124:
14 (a) before "pipeline licence," insert:
15
16 infrastructure licence,
17
18 (b) delete "section 60(2) or (3) or".
19 154. Section 124A amended
20 In section 124A(3) in the definition of authorisation before
21 "pipeline licence," insert:
22
23 infrastructure licence,
24
25 155. Section 125 amended
26 In section 125 delete the Penalty and insert:
27
28 Penalty for an offence under subsection (3): a fine of
29 $500.
30
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Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 156
1 156. Section 126 amended
2 In section 126(1)(a) delete "petroleum exploration operations,
3 operations for the recovery of petroleum or operations
4 connected with the construction or operation of a pipeline in
5 that area;" and insert:
6
7 any of the following operations in that area --
8 (i) petroleum exploration operations;
9 (ii) petroleum recovery operations;
10 (iii) operations relating to the processing or
11 storage of petroleum;
12 (iv) operations relating to the preparation of
13 petroleum for transport;
14 (v) operations connected with the
15 construction or operation of a pipeline;
16 and
17
18 157. Section 134 amended
19 In section 134(1) delete "39" and insert:
20
21 39, 60A
22
23 158. Section 138A amended
24 In section 138A(5) delete "licence" and insert:
25
26 licence, infrastructure licence, pipeline licence
27
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Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 159
1 159. Section 141A inserted
2 After section 140 insert:
3
4 141A. Infrastructure licence fees
5 There is payable to the Minister by an infrastructure
6 licensee, in respect of each year of the term of the
7 infrastructure licence, a fee specified in, or calculated
8 in accordance with, the regulations.
9
10 160. Section 142 amended
11 In section 142(a) and (b) delete "licence or" and insert:
12
13 licence, infrastructure licence or
14
15 161. Section 150 amended
16 In section 150(1) delete "licensee or" and insert:
17
18 licensee, infrastructure licensee or
19
20 162. Section 151 amended
21 In section 151 delete "lessee, licensee" and insert:
22
23 lessee, licensee, infrastructure licensee
24
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Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 163
1 163. Part IVA inserted
2 After section 151Q insert:
3
4 Part IVA -- Release of information
5 Division 1 -- Preliminary
6 152A. Terms used
7 In this Part, unless the contrary intention appears --
8 applicable document means --
9 (a) an application made after the commencement to
10 the Minister under this Act; or
11 (b) a document accompanying an application so
12 made; or
13 (c) a report, return or other document relating to a
14 block given after the commencement to the
15 Minister under --
16 (i) this Act; or
17 (ii) regulations made for the purposes of
18 section 123A;
19 commencement means the commencement of the
20 Petroleum and Energy Legislation Amendment
21 Act 2009 section 163;
22 documentary information means information
23 contained in an applicable document;
24 Minister of another jurisdiction means a Minister of
25 the Commonwealth, a Minister of another State or a
26 Minister of the Northern Territory;
27 petroleum mining sample means --
28 (a) a core or cutting from, or a sample of, the
29 seabed or subsoil; or
30 (b) a sample of petroleum recovered; or
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Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 163
1 (c) a sample of fluid recovered (other than fluid
2 petroleum),
3 that has been given at any time, whether before or after
4 the commencement, to the Minister, and includes a
5 portion of such a core, cutting or sample.
6 Division 2 -- Protection of confidentiality of
7 information and samples
8 Subdivision 1 -- Information and samples obtained by
9 the Minister
10 152B. Protection of confidentiality of information
11 obtained by the Minister
12 (1) This section restricts what the Minister may do with
13 documentary information.
14 (2) The Minister shall not --
15 (a) make the information publicly known; or
16 (b) make the information available to a person
17 (other than another Minister or a Minister of
18 another jurisdiction),
19 unless the Minister does so --
20 (c) in accordance with regulations made for the
21 purposes of this paragraph; or
22 (d) for the purposes of the administration of
23 this Act.
24 152C. Protection of confidentiality of samples obtained by
25 the Minister
26 (1) This section restricts what the Minister may do with a
27 petroleum mining sample.
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Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 163
1 (2) The Minister shall not --
2 (a) make publicly known any details of the sample;
3 or
4 (b) permit a person (other than another Minister or
5 a Minister of another jurisdiction) to inspect the
6 sample,
7 unless the Minister does so --
8 (c) in accordance with regulations made for the
9 purposes of this paragraph; or
10 (d) for the purposes of the administration of
11 this Act.
12 152D. Information or samples obtained by Minister can be
13 made available to certain persons
14 The Minister may make documentary information or a
15 petroleum mining sample available to another Minister
16 or a Minister of another jurisdiction.
17 Subdivision 2 -- Information and samples obtained by
18 another Minister
19 152E. Protection of confidentiality of information
20 obtained by another Minister
21 (1) This section restricts what a Minister may do with
22 documentary information made available to that
23 Minister under section 152D or 152G.
24 (2) The Minister shall not --
25 (a) make the information publicly known; or
26 (b) make the information available to a person
27 (other than another Minister or a Minister of
28 another jurisdiction),
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Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 163
1 unless the Minister does so --
2 (c) in accordance with regulations made for the
3 purposes of this paragraph; or
4 (d) for the purposes of the administration of
5 this Act.
6 152F. Protection of confidentiality of samples obtained by
7 another Minister
8 (1) This section restricts what a Minister may do with a
9 petroleum mining sample made available to that
10 Minister under section 152D or 152G.
11 (2) The Minister shall not --
12 (a) make publicly known any details of the sample;
13 or
14 (b) permit a person (other than another Minister or
15 a Minister of another jurisdiction) to inspect the
16 sample,
17 unless the Minister does so --
18 (c) in accordance with regulations made for the
19 purposes of this paragraph; or
20 (d) for the purposes of the administration of
21 this Act.
22 152G. Information or samples obtained by another
23 Minister can be made available to certain persons
24 A Minister to whom documentary information or a
25 petroleum mining sample is made available under
26 section 152D or this section may make the information
27 or sample available to another Minister or a Minister of
28 another jurisdiction.
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Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 164
1 Subdivision 3 -- Miscellaneous
2 152H. Fees
3 (1) This section applies to regulations made for the
4 purposes of any of the following --
5 (a) section 152B(2)(c);
6 (b) section 152C(2)(c);
7 (c) section 152E(2)(c);
8 (d) section 152F(2)(c).
9 (2) The regulations may make provision for fees relating
10 to --
11 (a) making information available to a person; or
12 (b) permitting a person to inspect a sample.
13
14 164. Part IV heading amended
15 In the heading to Part IV delete "Regulations" and insert:
16
17 General
18
19 165. Section 152 amended
20 (1) In section 152(2):
21 (a) in paragraph (e) delete "installations or equipment;" and
22 insert
23
24 installations, equipment or facilities;
25
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Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 165
1 (b) after paragraph (k) insert:
2
3 (la) the preparation, submission and approval of
4 environment plans;
5 (lb) the prohibition of the doing of an act or thing
6 otherwise than in accordance with an approved
7 environment plan;
8 (lc) the responsibilities of a permittee, lessee,
9 licensee or holder of a special prospecting
10 authority or access authority as to authorising,
11 or obtaining authorisation for, the release of
12 documentary information as defined in
13 section 152A;
14
15 (c) in paragraph (l) delete "the exploration for or the
16 exploitation of petroleum in the adjacent area;" and
17 insert:
18
19 any of the following operations in that area --
20 (i) petroleum exploration operations;
21 (ii) petroleum recovery operations;
22 (iii) operations relating to the processing or
23 storage of petroleum;
24 (iv) operations relating to the preparation of
25 petroleum for transport;
26 (v) operations connected with the
27 construction or operation of a pipeline;
28
29 (d) delete paragraph (m) and insert:
30
31 (m) the removal from the adjacent area of
32 structures, equipment and other property
33 brought into that area for use in connection
34 with an operation in that area of a kind
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Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 166
1 mentioned in paragraph (l) that are not so used
2 or intended to be so used;
3
4 (2) Delete section 152(3).
5 166. Section 153 inserted
6 At the end of Part IV insert:
7
8 153. Transitional provisions
9 (1) In this section --
10 Gazettal day means the day on which transitional
11 regulations are published in the Gazette;
12 transitional matter means a matter of a transitional,
13 savings or application nature;
14 transitional regulations means regulations under
15 subsection (3).
16 (2) Schedule 3 contains provisions relating to transitional
17 matters.
18 (3) Regulations may prescribe anything else required,
19 necessary or convenient to be prescribed in relation to a
20 transitional matter in connection with amendments
21 made to this Act by another Act (the amending Act).
22 (4) Transitional regulations can only be made before the
23 end of the period of 12 months beginning on the day on
24 which the amending Act commences.
25 (5) If transitional regulations provide that a state of affairs
26 is to be taken to have existed, or not to have existed, on
27 and from a day (the operative day) that is earlier than
28 Gazettal day, the regulations have effect according to
29 their terms as long as the operative day is not earlier
30 than the day on which the amending Act commences.
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Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 167
1 (6) If transitional regulations contain a provision referred
2 to in subsection (5), the provision does not operate so
3 as to --
4 (a) affect in a manner prejudicial to any person
5 (other than the State), the rights of that person
6 existing before Gazettal day; or
7 (b) impose liabilities on any person (other than the
8 State or an authority of the State) in respect of
9 anything done or omitted to be done before
10 Gazettal day.
11
12 167. Schedule 1 deleted
13 Delete Schedule 1.
14 168. Schedule 2 replaced
15 Delete Schedule 2 and insert:
16
17 Schedule 2 -- Scheduled area for Western Australia
18 [s. 4]
19 Note: Regulations referred to in section 10(5) prescribe a datum for the
20 purposes of this Schedule.
21 The scheduled area for Western Australia is the area the
22 boundary of which commences at a point that is the
23 intersection of the coastline at mean low water by the
24 boundary between the States of South Australia and Western
25 Australia and runs thence southerly along the geodesic to a
26 point of Latitude 31° 44' 55.02" South, Longitude 129° 00'
27 05.08" East:
28 (a) thence southerly along the loxodrome to a point of
29 Latitude 43° 59' 55.49" South, Longitude 129° 00'
30 05.95" East; and
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Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 168
1 (b) thence westerly along the loxodrome to a point of
2 Latitude 43° 59' 56.85" South, Longitude 104° 00'
3 06.27" East; and
4 (c) thence northerly along the loxodrome to a point of
5 Latitude 13° 59' 55.41" South, Longitude 104° 00'
6 04.55" East; and
7 (d) thence easterly along the loxodrome to a point of
8 Latitude 13° 59' 55.22" South, Longitude 111° 45'
9 04.59" East; and
10 (e) thence northerly along the loxodrome to a point of
11 Latitude 12° 39' 55.20" South, Longitude 111° 45'
12 04.56" East; and
13 (f) thence easterly along the loxodrome to a point of
14 Latitude 12° 39' 55.14" South, Longitude 114° 40'
15 04.56" East; and
16 (g) thence southerly along the loxodrome to a point of
17 Latitude 13° 05' 27.14" South, Longitude 114° 40'
18 04.57" East; and
19 (h) thence easterly along the loxodrome to a point of
20 Latitude 13° 05' 27.00" South, Longitude 118° 10'
21 08.9" East; and
22 (i) thence north easterly along the geodesic to a point
23 of Latitude 12° 49' 54.8" South, Longitude 118°
24 14' 22.6" East; and
25 (j) thence north westerly along the geodesic to a point
26 of Latitude 12° 04' 24.9" South, Longitude 118°
27 06' 17.2" East; and
28 (k) thence north westerly along the geodesic to a point
29 of Latitude 12° 04' 08.8" South, Longitude 118°
30 06' 14.4" East; and
31 (l) thence south easterly along the geodesic to a point
32 of Latitude 12° 04' 19.0" South, Longitude 118°
33 07' 44.0" East; and
34 (m) thence south easterly along the geodesic to a point
35 of Latitude 12° 06' 21.0" South, Longitude 118°
36 20' 45.0" East; and
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Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 168
1 (n) thence south easterly along the geodesic to a point
2 of Latitude 12° 07' 46.0" South, Longitude 118°
3 25' 07.0" East; and
4 (o) thence south easterly along the geodesic to a point
5 of Latitude 12° 10' 06.0" South, Longitude 118°
6 35' 16.0" East; and
7 (p) thence south easterly along the geodesic to a point
8 of Latitude 12° 10' 26.0" South, Longitude 118°
9 37' 28.0" East; and
10 (q) thence south easterly along the geodesic to a point
11 of Latitude 12° 11' 01.0" South, Longitude 118°
12 39' 00.0" East; and
13 (r) thence south easterly along the geodesic to a point
14 of Latitude 12° 13' 12.0" South, Longitude 118°
15 43' 09.0" East; and
16 (s) thence south easterly along the geodesic to a point
17 of Latitude 12° 15' 57.0" South, Longitude 118°
18 49' 30.0" East; and
19 (t) thence south easterly along the geodesic to a point
20 of Latitude 12° 17' 54.0" South, Longitude 118°
21 55' 12.0" East; and
22 (u) thence south easterly along the geodesic to a point
23 of Latitude 12° 18' 50.0" South, Longitude 118°
24 58' 31.0" East; and
25 (v) thence south easterly along the geodesic to a point
26 of Latitude 12° 19' 55.0" South, Longitude 119°
27 02' 40.0" East; and
28 (w) thence south easterly along the geodesic to a point
29 of Latitude 12° 20' 21.0" South, Longitude 119°
30 05' 00.0" East; and
31 (x) thence south easterly along the geodesic to a point
32 of Latitude 12° 21' 51.0" South, Longitude 119°
33 09' 03.0" East; and
34 (y) thence south easterly along the geodesic to a point
35 of Latitude 12° 23' 42.0" South, Longitude 119°
36 15' 23.0" East; and
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Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 168
1 (za) thence south easterly along the geodesic to a point
2 of Latitude 12° 23' 58.0" South, Longitude 119°
3 16' 35.0" East; and
4 (zb) thence south easterly along the geodesic to a point
5 of Latitude 12° 24' 59.0" South, Longitude 119°
6 20' 34.0" East; and
7 (zc) thence south easterly along the geodesic to a point
8 of Latitude 12° 25' 43.0" South, Longitude 119°
9 21' 35.0" East; and
10 (zd) thence south easterly along the geodesic to a point
11 of Latitude 12° 29' 19.0" South, Longitude 119°
12 27' 17.0" East; and
13 (ze) thence south easterly along the geodesic to a point
14 of Latitude 12° 32' 31.0" South, Longitude 119°
15 33' 16.0" East; and
16 (zf) thence south easterly along the geodesic to a point
17 of Latitude 12° 35' 43.0" South, Longitude 119°
18 40' 33.0" East; and
19 (zg) thence south easterly along the geodesic to a point
20 of Latitude 12° 40' 33.0" South, Longitude 119°
21 50' 28.0" East; and
22 (zh) thence south easterly along the geodesic to a point
23 of Latitude 12° 41' 36.0" South, Longitude 119°
24 52' 38.0" East; and
25 (zi) thence south easterly along the geodesic to a point
26 of Latitude 12° 41' 46.0" South, Longitude 119°
27 52' 57.0" East; and
28 (zj) thence south easterly along the geodesic to a point
29 of Latitude 12° 41' 57.0" South, Longitude 119°
30 53' 18.0" East; and
31 (zk) thence south easterly along the geodesic to a point
32 of Latitude 12° 43' 46.0" South, Longitude 119°
33 56' 13.0" East; and
34 (zl) thence south easterly along the geodesic to a point
35 of Latitude 12° 45' 38.0" South, Longitude 119°
36 59' 15.0" East; and
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Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 168
1 (zm) thence south easterly along the geodesic to a point
2 of Latitude 12° 45' 47.0" South, Longitude 119°
3 59' 31.0" East; and
4 (zn) thence south easterly along the geodesic to a point
5 of Latitude 12° 46' 27.9" South, Longitude 120°
6 00' 46.9" East; and
7 (zo) thence south along the loxodrome to a point of
8 Latitude 13° 56' 31.7" South, Longitude 120° 00'
9 46.9" East; and
10 (zp) thence north easterly along the geodesic to a point
11 of Latitude 12° 43' 08.29" South, Longitude 121°
12 49' 15.80" East; and
13 (zq) thence south easterly along the geodesic to a point
14 of Latitude 12° 55' 54.99" South, Longitude 122°
15 06' 04.50" East; and
16 (zr) thence south easterly along the geodesic to a point
17 of Latitude 13° 19' 54.98" South, Longitude 122°
18 41' 04.50" East; and
19 (zs) thence easterly along the geodesic to a point of
20 Latitude 13° 19' 24.97" South, Longitude 123° 16'
21 49.49" East; and
22 (zt) thence easterly along the loxodrome to a point of
23 Latitude 13° 19' 24.94" South, Longitude 124° 27'
24 49.48" East; and
25 (zu) thence north easterly along the geodesic to a point
26 of Latitude 13° 13' 09.94" South, Longitude 124°
27 36' 19.47" East; and
28 (zv) thence north easterly along the geodesic to a point
29 of Latitude 12° 46' 09.93" South, Longitude 124°
30 55' 34.46" East; and
31 (zw) thence north easterly along the geodesic to a point
32 of Latitude 11° 50' 54.92" South, Longitude 125°
33 27' 49.43" East; and
34 (zx) thence north easterly along the geodesic to a point
35 of Latitude 11° 44' 24.92" South, Longitude 125°
36 31' 34.43" East; and
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Petroleum and Energy Legislation Amendment Bill 2009
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s. 168
1 (zy) thence north easterly along the geodesic to a point
2 of Latitude 10° 21' 24.91" South, Longitude 126°
3 10' 34.39" East; and
4 (zza) thence north easterly along the geodesic to a point
5 of Latitude 10° 12' 54.90" South, Longitude 126°
6 26' 34.39" East; and
7 (zzb) thence north easterly along the geodesic to a point
8 of Latitude 10° 04' 54.90" South, Longitude 126°
9 47' 34.38" East; and
10 (zzc) thence south easterly along the geodesic to a point
11 of Latitude 11° 13' 09.88" South, Longitude 127°
12 32' 04.38" East; and
13 (zzd) thence south easterly along the geodesic to a point
14 of Latitude 11° 47' 54.88" South, Longitude 127°
15 53' 49.38" East; and
16 (zze) thence south easterly along the geodesic to a point
17 of Latitude 12° 26' 24.87" South, Longitude 128°
18 22' 04.39" East; and
19 (zzf) thence south easterly along the geodesic to a point
20 of Latitude 12° 32' 39.87" South, Longitude 128°
21 24' 04.39" East; and
22 (zzg) thence south easterly along the geodesic to a point
23 of Latitude 12° 55' 24.86" South, Longitude 128°
24 28' 04.39" East; and
25 (zzh) thence southerly along the loxodrome to a point of
26 Latitude 13° 15' 24.86" South, Longitude 128° 28'
27 04.40" East; and
28 (zzi) thence south easterly along the geodesic to a point
29 of Latitude 13° 39' 39.86" South, Longitude 128°
30 30' 49.41" East; and
31 (zzj) thence south easterly along the geodesic to a point
32 of Latitude 13° 49' 39.86" South, Longitude 128°
33 33' 19.41" East; and
34 (zzk) thence south easterly along the geodesic to a point
35 of Latitude 13° 59' 54.86" South, Longitude 128°
36 42' 19.41" East; and
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Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 169
1 (zzl) thence south easterly along the geodesic to a point
2 of Latitude 14° 19' 24.89" South, Longitude 128°
3 53' 04.39" East; and
4 (zzm) thence south easterly along the geodesic to a point
5 of Latitude 14° 32' 24.91" South, Longitude 129°
6 01' 19.38" East; and
7 (zzn) thence southerly along the geodesic to a point of
8 Latitude 14° 37' 24.91" South, Longitude 129° 01'
9 49.38" East; and
10 (zzo) thence southerly along the geodesic to the
11 intersection of the coastline at mean low water by
12 the boundary between the Northern Territory of
13 Australia and the State of Western Australia; and
14 (zzp) thence along the coastline of the State of Western
15 Australia at mean low water to the point of
16 commencement.
17
18 169. Schedules 3 and 4 replaced
19 Delete Schedules 3 and 4 and insert:
20
21 Schedule 3 -- Transitional provisions
22 [s. 153]
23 Division 1 -- Provisions for Petroleum and Energy
24 Legislation Amendment Act 2009
25 1. Term used: amending Act
26 In this Division --
27 amending Act means the Petroleum and Energy Legislation
28 Amendment Act 2009.
29 2. Section 31 (permit renewals)
30 (1) This clause has effect despite the deletion of section 31(6)
31 by section 86 of the amending Act.
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Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 169
1 (2) Section 31(6) as in force immediately before the
2 commencement of section 86 of the amending Act continues
3 to apply in respect of the first application after that
4 commencement for the renewal of a permit that was granted
5 before that commencement.
6 3. Section 70 (conditions of pipeline licence)
7 A renewal of a pipeline licence that was in force under
8 section 70 immediately before section 70(3) was deleted by
9 section 122 of the amending Act continues, subject to
10 Part III as amended by the amending Act, to be subject to
11 any conditions referred to in section 70(3) to which the
12 renewed licence was subject immediately before the
13 deletion.
14 4. Section 118 (release of information)
15 (1) This section has effect despite the deletion of section 118 by
16 section 149 of the amending Act.
17 (2) Section 118 as in force immediately before it was deleted
18 continues to apply in respect of information given to the
19 Minister before the commencement of section 149 of the
20 amending Act.
21 (3) Any regulations providing for the calculation of a fee for the
22 purposes of a provision of section 118 as in force
23 immediately before that section was deleted --
24 (a) continue in force for the purposes of that section as
25 it continues to apply under subclause (1); and
26 (b) also separately continue in force on and after the
27 commencement of section 163 of the amending Act
28 as if they had been made for the purposes of
29 Part IVA.
30 (4) Regulations as continued in force under subclause (3)(a)
31 or (b) may, for the purposes of their application under
32 subclause (3)(a) or (b), be amended or deleted by
33 regulations.
page 129
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 170
1 5. Section 3 and Schedules 3 and 4 (former transitional
2 provisions)
3 The Interpretation Act 1984 section 37, and in particular
4 section 37(1)(b), (c) and (d), apply in relation to the deletion
5 of section 3(2) to (5) and Schedules 3 and 4 by sections 64
6 and 169 of the amending Act.
7
8 170. Schedule 5 amended
9 (1) In Schedule 5 clause 54 delete the Penalty and insert:
10
11 Penalty for an offence under subclause (3): a fine of $3 300
12 or imprisonment for 6 months or both.
13
14 (2) In Schedule 5 clause 55 delete the Penalty and insert:
15
16 Penalty for an offence under subclause (5): a fine of $3 300
17 or imprisonment for 6 months or both.
18
19 (3) In Schedule 5 clause 63 delete the Penalty and insert:
20
21 Penalty for an offence under subclause (1), (2) or (3): a fine
22 of $11 000.
23
24 (4) In Schedule 5 clause 67 delete the Penalty and insert:
25
26 Penalty for an offence under subclause (3): a fine of $5 000.
27
28 (5) In Schedule 5 clause 72(1) delete "68" and insert:
29
30 71
31
page 130
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 171
1 (6) In the provisions listed in the Table after "Penalty:" insert:
2
3 a fine of
4
5 Table
Sch. 5 cl. 5(1) and (2) Sch. 5 cl. 8(1) and (2)
Sch. 5 cl. 9(1) and (2) Sch. 5 cl. 10(1), (2) and (4)
Sch. 5 cl. 11(1) and (2) Sch. 5 cl. 12(1)
Sch. 5 cl. 13(1) Sch. 5 cl. 14(1)
Sch. 5 cl. 53 Sch. 5 cl. 58(7)
Sch. 5 cl. 60(1) Sch. 5 cl. 62
Sch. 5 cl. 65(5) Sch. 5 cl. 71(1)
Sch. 5 cl. 75 Sch. 5 cl. 76
Sch. 5 cl. 77(1)
6
7 171. Various penalties amended
8 In the provisions listed in the Table after "Penalty:" insert:
9
10 a fine of
11
12 Table
s. 19(1) s. 39
s. 72(2) s. 74(1)
s. 82(1) s. 84(1c) and (2)
page 131
Petroleum and Energy Legislation Amendment Bill 2009
Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 171
s. 85(2) s. 90
s. 101(2a), (2b) and (2c) s. 111(9)
s. 112(10) and (11) s. 117
s. 120 s. 124
s. 126(3)
page 132
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum Pipelines Act 1969 amended Part 4
s. 172
1 Part 4 -- Petroleum Pipelines Act 1969 amended
2 172. Act amended
3 This Part amends the Petroleum Pipelines Act 1969.
4 173. Section 4 amended
5 (1) In section 4 in the definition of petroleum:
6 (a) after paragraph (a) insert:
7
8 or
9
10 (b) in paragraph (c) delete "hydrogen, sulphide," and insert:
11
12 hydrogen sulphide,
13
14 (2) In section 4 in the definition of pipeline delete paragraph (d).
15 (3) In section 4 in the definition of public authority:
16 (a) after paragraph (a) insert:
17
18 or
19
20 (b) after paragraph (c)(i) insert:
21
22 and
23
24 174. Section 8 amended
25 Delete section 8(1)(a).
26 175. Section 11 deleted
27 Delete section 11.
page 133
Petroleum and Energy Legislation Amendment Bill 2009
Part 4 Petroleum Pipelines Act 1969 amended
s. 176
1 176. Section 14 replaced
2 Delete section 14 and insert:
3
4 14. Term of licence
5 (1) Subject to this Part, a licence remains in force
6 indefinitely.
7 (2) Subsection (1) applies to pipeline licences in force
8 immediately before the commencement of section 176
9 of the amending Act as well as to pipeline licences
10 granted on or after the commencement of that section.
11 (3) In subsection (2), a reference to a pipeline licence in
12 force is to be read as including a reference to --
13 (a) a pipeline licence in force as a result of being
14 renewed under section 11 as in force before its
15 deletion by section 175 of the amending Act;
16 and
17 (b) a pipeline licence deemed to be in force under
18 section 11(7) as in force before that deletion.
19 (4) In subsections (2) and (3) --
20 amending Act means the Petroleum and Energy
21 Legislation Amendment Act 2009.
22 15A. Termination of pipeline licence if no operations for
23 5 years
24 (1) If a licensee --
25 (a) has not carried out any construction work under
26 the licence at any time during a continuous
27 period of 5 years; and
28 (b) has not used the pipeline, or has not used a
29 particular part of it, at any time during a
30 continuous period of 5 years,
page 134
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum Pipelines Act 1969 amended Part 4
s. 177
1 the Minister may, by written notice served on the
2 licensee, inform the licensee that the Minister proposes
3 to terminate the licence, or to terminate the licence in
4 respect of the unused part of the pipeline, as the case
5 may be, after the end of the period of one month after
6 the notice is served.
7 (2) At any time after the end of the period of one month
8 after the notice referred to in subsection (1) is served
9 on the licensee, the Minister may, by written notice
10 served on the licensee, terminate the licence, or
11 terminate the licence in respect of the part of the
12 pipeline, as the case may be.
13 (3) In working out, for the purposes of subsection (1), the
14 duration of the period in which a licensee did not carry
15 out any construction work under the licence or did not
16 use the pipeline or a part of the pipeline, any period in
17 which construction work was not carried out, or the
18 pipeline or the part of it was not used, because of
19 circumstances beyond the licensee's control is to be
20 disregarded.
21
22 177. Section 15 amended
23 Delete section 15(2)(a).
24 178. Section 47A deleted
25 Delete section 47A.
page 135
Petroleum and Energy Legislation Amendment Bill 2009
Part 4 Petroleum Pipelines Act 1969 amended
s. 179
1 179. Section 61 replaced
2 Delete section 61 and insert:
3
4 61. Power of Minister to delegate
5 (1) The Minister may delegate to a person any power or
6 duty of the Minister under another provision of
7 this Act.
8 (2) The delegation is to be in writing signed by the
9 Minister.
10 (3) A person to whom a power or duty is delegated under
11 this section cannot delegate that power or duty.
12 (4) A person exercising or performing a power or duty that
13 has been delegated to the person under this section is to
14 be taken to do so in accordance with the terms of the
15 delegation unless the contrary is shown.
16 (5) Nothing in this section limits the ability of the Minister
17 to perform a function through an officer or agent.
18 (6) A copy of each instrument making, amending or
19 revoking a delegation under this section shall be
20 published in the Gazette.
21
22 180. Section 67 amended
23 (1) After section 67(1)(d) insert:
24
25 (ea) the preparation, submission and approval of
26 environment plans;
27 (eb) the prohibition of the doing of an act or thing
28 otherwise than in accordance with an approved
29 environment plan;
30
page 136
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum Pipelines Act 1969 amended Part 4
s. 181
1 (2) In section 67(1c) delete "Petroleum Act 1967," and insert:
2
3 Petroleum and Geothermal Energy Resources Act 1967,
4
5 181. Schedule 1 amended
6 (1) In Schedule 1 clause 53 delete the Penalty and insert:
7
8 Penalty for an offence under subsection (3): a fine of $3 300
9 or imprisonment for 6 months or both.
10
11 (2) In Schedule 1 clause 54 delete the Penalty and insert:
12
13 Penalty for an offence under subclause (5): a fine of $3 300
14 or imprisonment for 6 months or both.
15
16 (3) In Schedule 1 clause 62 delete the Penalty and insert:
17
18 Penalty for an offence under subclause (1), (2) or (3): a fine
19 of $11 000.
20
21 (4) In Schedule 1 clause 66 delete the Penalty and insert:
22
23 Penalty for an offence under subclause (3): a fine of $5 000.
24
25 (5) In Schedule 1 clause 71(1) delete "67" and insert:
26
27 70
28
29 (6) In the provisions listed in the Table after "Penalty:" insert:
30
31 a fine of
32
page 137
Petroleum and Energy Legislation Amendment Bill 2009
Part 4 Petroleum Pipelines Act 1969 amended
s. 182
1 Table
Sch. 1 cl. 4(1) and (2) Sch. 1 cl. 7(1) and (2)
Sch. 1 cl. 8(1) and (2) Sch. 1 cl. 9(1), (2), (4) and (5)
Sch. 1 cl. 10(1) and (2) Sch. 1 cl. 11(1)
Sch. 1 cl. 12(1) Sch. 1 cl. 13(1)
Sch. 1 cl. 52 Sch. 1 cl. 57(7)
Sch. 1 cl. 59(1) Sch. 1 cl. 61
Sch. 1 cl. 64(5) Sch. 1 cl. 70(1)
Sch. 1 cl. 74 Sch. 1 cl. 75
Sch. 1 cl. 76(1)
2
3 182. Various penalties amended
4 (1) In section 6 delete the Penalty and insert:
5
6 Penalty for an offence under subsection (1) or (2): a
7 fine of $50 000 or imprisonment for 5 years, or
8 both.
9
10 (2) In section 20 delete the Penalty and insert:
11
12 Penalty for an offence under subsection (6)(b): a fine of
13 $500.
14
page 138
Petroleum and Energy Legislation Amendment Bill 2009
Petroleum Pipelines Act 1969 amended Part 4
s. 182
1 (3) In section 27 delete the Penalty and insert:
2
3 Penalty for an offence under subsection (4): a fine of
4 $10 000.
5
6 (4) In section 50(1c) delete the Penalty.
7 (5) In section 50(2) delete the Penalty and insert:
8
9 Penalty for an offence under subsection (1c) or (2): a
10 fine of $5 000.
11
12 (6) In section 51 delete the Penalty and insert:
13
14 Penalty for an offence under subsection (2): a fine of
15 $5 000.
16
17 (7) In section 56 delete "offence and is liable to a penalty of
18 $5 000." and insert:
19
20 offence.
21
22 (8) At the end of section 56 insert:
23
24 Penalty: a fine of $5 000.
25
26 (9) In section 62 delete the Penalty and insert:
27
28 Penalty for an offence under subsection (3): a fine of
29 $500.
30
page 139
Petroleum and Energy Legislation Amendment Bill 2009
Part 4 Petroleum Pipelines Act 1969 amended
s. 182
1 (10) In section 63 delete the Penalty and insert:
2
3 Penalty for an offence under subsection (2) or (3): a
4 fine of $5 000.
5
6 (11) In section 65 delete "offence and is liable to a penalty of
7 $50 000 or imprisonment for 5 years, or both." and insert:
8
9 offence.
10
11 (12) At the end of section 65 insert:
12
13 Penalty: a fine of $50 000 or imprisonment for 5 years,
14 or both.
15
16 (13) In the provisions listed in the Table after "Penalty:" insert:
17
18 a fine of
19
20 Table
s. 7(5) s. 21(6)
s. 25(2) s. 35(1)
s. 36A s. 37
s. 38 s. 40
s. 41(3), (4), (5) and (9) s. 48
page 140
Petroleum and Energy Legislation Amendment Bill 2009
Other Acts amended Part 5
s. 183
1 Part 5 -- Other Acts amended
2 183. Crimes at Sea Act 2000 amended
3 (1) This section amends the Crimes at Sea Act 2000.
4 (2) In Schedule 1 clause 1(1) delete the definition of Area A of the
5 Zone of Cooperation.
6 (3) In Schedule 1 clause 1(1) insert in alphabetical order:
7
8 Joint Petroleum Development Area has the same meaning
9 as in the Petroleum (Timor Sea Treaty) Act 2003
10 (Commonwealth);
11
12 (4) In Schedule 1 clause 10 delete "Area A of the Zone of
13 Cooperation" and insert:
14
15 The Joint Petroleum Development Area
16
17 Note: The heading to amended clause 10 is to read:
18 Non-application of scheme to the Joint Petroleum Development Area
19 (5) In Schedule 1 clause 14(1), (2)(a), (3) and (4)(a) delete
20 "Schedule 2 to the Petroleum (Submerged Lands) Act 1967" and
21 insert:
22
23 Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage
24 Act 2006
25
26 (6) In Schedule 1 clause 14(2)(b) delete "subsection (7) of section 5A
27 of the Petroleum (Submerged Lands) Act 1967" and insert:
28
29 section 7(2) of the Offshore Petroleum and Greenhouse Gas Storage
30 Act 2006
31
page 141
Petroleum and Energy Legislation Amendment Bill 2009
Part 5 Other Acts amended
s. 183
1 (7) In Schedule 1 clause 14(3)(b) and (4)(a)(ii) delete "Area A of the
2 Zone of Cooperation" and insert:
3
4 the Joint Petroleum Development Area
5
6 (8) In Schedule 1 clause 14(4)(b):
7 (a) delete "adjacent area" and insert:
8
9 offshore area
10
11 (b) delete "subsection (3) of section 5A of the Petroleum
12 (Submerged Lands) Act 1967" and insert:
13
14 section 7(1) of the Offshore Petroleum and Greenhouse Gas
15 Storage Act 2006
16
17 (9) After Schedule 1 clause 14(5) insert:
18
19 (6) A reference in this clause to the area described in
20 Schedule 1 to the Offshore Petroleum and Greenhouse Gas
21 Storage Act 2006 (Commonwealth) in relation to a State or
22 Territory is a reference to the scheduled area for that State or
23 Territory within the meaning given in that Schedule.
24
25 (10) In Appendix 1 in the legend of the map delete "Area A of the
26 Zone of Cooperation" and insert:
27
28 the Joint Petroleum Development Area
29
page 142
Petroleum and Energy Legislation Amendment Bill 2009
Other Acts amended Part 5
s. 184
1 184. National Gas Access (WA) Act 2009 amended
2 (1) This section amends the National Gas Access (WA) Act 2009.
3 (2) In section 9(1) in the definitions of adjacent area of another
4 participating jurisdiction and adjacent area of this jurisdiction
5 after "Offshore Petroleum" insert:
6
7 and Greenhouse Gas Storage
8
9 185. Petroleum (Submerged Lands) Registration Fees Act 1982
10 amended
11 (1) This section amends the Petroleum (Submerged Lands)
12 Registration Fees Act 1982.
13 (2) In section 4(1) before "pipeline licence" insert:
14
15 infrastructure licence,
16
17 186. Workers' Compensation and Injury Management Act 1981
18 amended
19 (1) This section amends the Workers' Compensation and Injury
20 Management Act 1981.
21 (2) In Schedule 6 clause 1 insert in alphabetical order:
22
23 Joint Petroleum Development Area has the same meaning
24 as in the Petroleum (Timor Sea Treaty) Act 2003
25 (Commonwealth);
26
27 (3) In Schedule 6 clause 1 in the definition of Petroleum Act delete
28 "Petroleum (Submerged Lands) Act 1967" and insert:
29
30 Offshore Petroleum and Greenhouse Gas Storage Act 2006
31
page 143
Petroleum and Energy Legislation Amendment Bill 2009
Part 5 Other Acts amended
s. 186
1 (4) In Schedule 6 clause 2(1), (2)(a), (3) and (4)(a) delete
2 "Schedule 2" and insert:
3
4 Schedule 1
5
6 (5) In Schedule 6 clause 2(2)(b) delete "subsection (7) of section 5A"
7 and insert:
8
9 section 7(2)
10
11 (6) In Schedule 6 clause 2(3)(b) and (4)(a)(ii) delete "Area A of the
12 Zone of Cooperation" and insert:
13
14 the Joint Petroleum Development Area
15
16 (7) In Schedule 6 clause 2(4)(b):
17 (a) delete "adjacent area" and insert:
18
19 offshore area
20
21 (b) delete "subsection (3) of section 5A" and insert:
22
23 section 7(1)
24
25 (8) After Schedule 6 clause 2(5) insert:
26
27 (6) A reference in this clause to the area described in
28 Schedule 1 to the Petroleum Act in relation to a State or
29 Territory is a reference to the scheduled area for that State or
30 Territory within the meaning given in that Schedule.
31
32
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