Version No. 041
Petroleum (Submerged Lands) Act 1982
Act No. 9772/1982
Version incorporating amendments as at 1 July 2004
table of provisions
SectionPage
1
SectionPage
PART 1—PRELIMINARY
Division 1—Interpretation, Application and Construction ofAct
1.Short title and commencement
2.Transitional provisions
3.Repealed
4.Definitions
4A.Infrastructure facilities
5.Space above or below adjacent area
6.Application of Act
6A.Act to apply subject to international obligations
7.Petroleum pool extending into two licence areas
8.Repealed
Division 2—Administration of the Commonwealth Adjacent Area
9.Commonwealth adjacent area
10.Minister as member of Joint Authority
11.Minister as Designated Authority
12.Delegations under Commonwealth Act
13.Public servants performing functions under Commonwealth
Act
PART 2—APPLICATION OF LAWS
14.Modification of the applied provisions
15.Jurisdiction of State courts
PART 3—MINING FOR PETROLEUM
Division 1—Preliminary
16.Delegation
17.Graticulation of Earth's surface
18.Reservation of blocks
Division 2—Exploration Permits for Petroleum
19.Exploration for petroleum
20.Advertisement of blocks
21.Application for permits
21A.Where 2 or more applications are made in respect of the same block or blocks
22.Grant or refusal of permit in relation to application
22AA.Withdrawal by a joint applicant
22AB.Withdrawal of application
22AC.Effect of withdrawal or lapse of application
23.Application for permit in respect of surrendered etc. blocks
24.Application fee etc.
25.Consideration of applications
26.Request by applicant for grant of permit in respect of
advertised blocks
27.Grant of permit on request
28.Rights conferred by permit
29.Term of permit
30.Application for renewal of permit
31.Application for renewal of permit to be in respect of reduced
area
32.Grant or refusal of renewal of permit
33.Conditions of permit
34.Discovery of petroleum to be notified
35.Repealed47
36.Nomination of blocks as location
37.Declaration of location
38.Immediately adjoining blocks
Division 2A—Retention Leases for Petroleum
38A.Application by permittee for lease
38B.Grant or refusal of lease in relation to application
38BA.Application of sections 38A and 38B where permit is transferred
38BB.Application by licensee for lease
38BC.Grant or refusal of lease in relation to application by
licensee
38BD.Application of sections 38BB and 38BC where licence is transferred
38C.Rights conferred by lease
38D.Term of lease
38E.Notice of intention to cancel lease
38F.Application for renewal of lease
38G.Grant or refusal of renewal of lease
38H.Conditions of lease
38J.Discovery of petroleum to be notified
38K.Repealed
Division 3—Production Licences for Petroleum
39.Recovery of petroleum in adjacent area
40.Application for licence by holder of permit
40A.Application for licence by holder of lease
41.Application for licence
42.Determination of rate of royalty
43.Notification as to grant of licence
44.Grant of licence
44A.Application of sections 41 to 44 where permit etc. transferred
45.Variation of licence area
46.Determination of permit or lease as to block not taken up
47.Application for licence in respect of surrendered etc. blocks
48.Application fee etc.
49.Request by applicant for grant of licence
50.Grant of licence on request
51.Grant of licences in respect of individual blocks
52.Rights conferred by licence
53.Term of licence
53A.Termination of licence if no operations for 5 years
54, 55.Repealed
56.Conditions of licence
57.Repealed
58.Directions as to recovery of petroleum
59.Unit development
Division 3A—Infrastructure Licences
59A.Construction etc. of infrastructure facilities
59B.Application for infrastructure licence
59C.Notification as to grant of an infrastructure licence
59D.Notices to be given by Minister
59E.Grant of infrastructure licence
59F.Rights conferred by infrastructure licence
59G.Term of infrastructure licence
59H.Termination of infrastructure licence if no operations for
5 years
59J.Conditions of infrastructure licence
59K.Variation of infrastructure licence
Division 4—Pipeline Licences
60.Construction etc. of pipelines etc.
61.Acts done in an emergency etc.
62.Removal of pipeline etc. constructed in contravention of Act
63.Terminal station
64.Application for pipeline licence
65.Grant or refusal of pipeline licence
66.Rights conferred by pipeline licence
67.Term of pipeline licence
67A.Termination of pipeline licence if no operations for 5years
68, 69.Repealed
70.Conditions of pipeline licence
71.Variation of pipeline licence on application by pipeline
licensee
72.Variation of pipeline licence by Minister
73.Common carrier
74.Ceasing to operate pipeline
Division 5—Registration of Instruments
75AA.Definition
75.Register of certain instruments to be kept
76.Particulars to be entered in Register
77.Memorials to be entered on permits etc. determined etc.
78.Approval and registration of transfers
79.Entries in Register on devolution of title
80.Repealed125
81.Approval of dealings creating etc. interests etc. in existing
titles
81A.Approval of dealings in future interests etc.
82.True consideration to be shown
83.Minister not concerned with certain matters
84.Power of Minister to require information as to dealings
85.Production and inspection of documents
86.Inspection of Register and documents
87.Evidentiary provisions
87A.Minister may make corrections to Register
88.Appeals
89.Minister not liable to certain actions
90.Offences
91.Assessment of fee
92.Imposition of registration fees
93.Exemption from duty
Division 6—General
94.Notice of grants of permits etc. to be published
95.Date of effect of surrender etc. and of permits etc.
96.Commencement of works
97.Work practices
97A.Conditions relating to insurance
98.Maintenance etc. of property
99.Sections 97 and 98 to have effect subject to this Act etc.
100.Repealed
101.Directions
102.Compliance with directions
103.Exemption
103A.Suspension of rights conferred by permit or lease
104.Surrender of permits etc.
105.Cancellation of permits etc.
106.Cancellation of permit etc. not affected by other provisions
107.Removal of property etc. by permittee etc.
108.Removal of property etc. by Minister
109, 110. Repealed
111.Special prospecting authorities
112.Access authorities
113.Sale of property
114.Repealed184
115.Minister etc. may require information to be furnished etc.
116.Power to examine on oath
117.Failing to furnish information etc.
118.Repealed
119.Safety zones
120.Discovery and use of water
121.Repealed
122.Records etc. to be kept
123.Scientific investigations
124.Interference with other rights
124A.Interfering with offshore petroleum installation or
operations
125.Inspectors
126.Powers of inspectors
127.Property in petroleum
128.Suspension of rights conferred by permit
129.Certain payments to be made by State to Commonwealth
130.Determination to be disregarded in certain cases
131.Continuing offences
132.Persons concerned in commission of offences
133.Prosecution of offences
134.Orders for forfeiture in respect of certain offences
135.Disposal of forfeited goods
136.Time for bringing proceedings for offences
137.Judicial notice
138.Service
138A.Service of documents on two or more permittees etc.
Division 7—Fees and Royalties
139.Permit fees
139A.Lease fees
140.Licence fees
140A.Infrastructure licence fees
141.Pipeline licence fees
142.Time of payment of fees
143.Royalty
144.Reduction of royalty in certain cases
145.Royalty not payable in certain cases
146.Ascertainment of well-head
147.Ascertainment of value
148.Ascertainment of quantity of petroleum recovered
149.Payment of royalty
150.Penalty for late payment
151.Fees and penalties debts due to the State
Division 8—Area to be avoided and safety zones
151A.Definitions
151B.Emergency periods
151C.Minister may authorize entry into area to be avoided
151D.Unauthorized vessel not to enter area to be avoided
151E.Powers of authorized persons
151F.Search warrants
151G.Exercise of powers in serious circumstances
part 3A—release of information
Division 1—Preliminary
151H.Definitions
151I.Application of Part
Division 2—Disclosure of Information
151J.Ministers not to disclose documentary information or petroleum mining samples except in accordance with
this Part or for administrative purposes
151K.Making by Minister of documentary information or
petroleum mining samples available to other Ministers
151L.Disclosure by Minister of information (other than
excluded information) or petroleum mining samples
151M.Relevant day after which information or petroleum
mining sample may be disclosed
151N.Disclosure by Minister of documentary information or petroleum mining sample where prior publication made
by holder of petroleum mining instrument
151O.Disclosure by Minister of nonconfidential derivative information
Division 3—Procedures to be Followed in respect of Contested Information
151P.Making and determination of objections to disclosure
151Q.Review of decisions on objections
part 3B—datums
151R.Objects
151S.Australian Geodetic Datum
151T.Current datum, previous datum and changeover time
151U.Use of current datum
151V.Use of previous datum
151W.Variation of titles etc.
151X.Variation of applications for titles
151Y.No change to actual position of point, line or area
151Z.Transitional regulations
151ZA.Definitions
PART 4—REGULATIONS
152.Regulations
______
SCHEDULES
SCHEDULE 1—Transitional provisions
SCHEDULE 2—Repealed249
SCHEDULE 3—Area that includes the adjacent area
SCHEDULES 4, 5—Repealed
SCHEDULE 6—Area that includes the area to be avoided
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 041
Petroleum (Submerged Lands) Act 1982
Act No. 9772/1982
Version incorporating amendments as at 1 July 2004
An Act to make provision with respect to the Exploration for and the Exploitation of the Petroleum Resources, and certain other resources, of certain Submerged Lands adjacent to the Coasts of Victoria, to amend the Petroleum Act 1958 and the Acts Interpretation Act 1958 and for other purposes.
1
Petroleum (Submerged Lands) Act 1982
Act No. 9772/1982
Preamble amended by No. 91/2001 s.15.
Preamble
WHEREAS in accordance with international law Australia as a coastal State has sovereign rights over the Continental Shelf beyond the limits of Australian territorial waters for the purpose of exploring it and exploiting its natural resources:
And whereas by the Seas and Submerged Lands Act 1973 of the Commonwealth it is declared and enacted that the sovereignty in respect of the territorial sea of Australia and in respect of the airspace over it and in respect of its sea-bed and subsoil, and the sovereignty in respect of certain internal waters of Australia and in respect of the airspace over those waters and in respect of the sea-bed and subsoil beneath those waters, is vested in and exercisable by the Crown in right of the Commonwealth:
And whereas the Parliaments of the States and the Legislative Assembly of the Northern Territory have certain legislative powers in respect of the sea-bed and subsoil referred to in the last preceding recital and the Parliament of the Commonwealth has vested in the Crown in right of each of the States and the Crown in right of the Northern Territory certain proprietary rights in respect of that sea-bed and subsoil:
And whereas it has been agreed between the Commonwealth, the States and the Northern Territory that, in place of the scheme provided for by an Agreement between the Commonwealth and the States dated 16 October 1967—
(a)legislation of the Parliament of the Commonwealth in respect of the exploration for and the exploitation of the petroleum resources of submerged lands should be limited to the resources of lands beneath waters that are beyond the outer limits of the territorial sea adjacent to the States and the Northern Territory (being outer limits based, unless and until otherwise agreed, on the breadth of that sea being 3 nautical miles), and that the States and the Northern Territory should share in the administration of that legislation;
Preamble
(b)legislation of the Parliament of each State should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the State as is on the landward side of the waters referred to in paragraph(a);
(c)legislation of the Legislative Assembly of the Northern Territory should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the Northern Territory as is on the landward side of the waters referred to in paragraph (a); and
(d)the Commonwealth, the States and the Northern Territory should endeavour to maintain, as far as practicable, common principles, rules and practices in the regulation and control of the exploration for and the exploitation of the petroleum resources of all the submerged lands referred to above that are on the seaward side of the inner limits of the territorial sea of Australia.
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in the present Parliament assembled and by the authority of the same as follows (that is to say):
Part I—Preliminary
Division 1—Interpretation, Application and Construction ofAct
1.Short title and commencement
s. 1
(1)This Act may be cited as the Petroleum (Submerged Lands) Act 1982.
(2)This Act shall come into operation on the first day on which the following Acts of the Commonwealth, with or without amendments, are in operation, namely, the Seas and Submerged Lands Amendment Act 1980, the Coastal Waters (State Powers) Act 1980, the Coastal Waters (State Title) Act 1980 and the Petroleum (Submerged Lands) Amendment Act 1980.
(3)The Minister shall as soon as is practicable after the commencement of this Act cause notice of the commencement to be published in the Gazette.
S. 2 amendedby No. 83/1990 s.17, substituted by No. 91/2001 s.16.
2.Transitional provisions
The First Schedule has effect.
Note:The First Schedule contains transitional provisions as a result of amendments made to this Act.
S. 3
repealed by No. 12/1990 s.19(1).
*****
4.Definitions
s. 4
(1)In this Act, unless the contrary intention appears—
"access authority" means an access authority under Part III;
S. 4(1) def. of "application for a primary licence" amended by No. 68/1986 s.4(1)(a).
"application for a primary licence" means an application under section 40(1) or (2) or 40A(1) or (2);
S. 4(1) def. of "application for a secondary licence" amended by No. 68/1986 s.4(1)(b).
"application for a secondary licence" means an application under section 40(3) or 40A(3);
"approved" means approved by the Minister;
S. 4(1) def. of "bank guarantee" inserted by No. 91/2001 s.17(1)(a).
"bank guarantee" means a guarantee provided by a body that is permitted to use the expression "bank" under section66 of the Banking Act 1959 of the Commonwealth;
"block" means a block constituted as provided by section 17;
"construct" includes "place" and "construction" has a corresponding meaning;
"corresponding law" means an Act of another State or a law in force in a Territory of the Commonwealth giving effect to the agreement between the Commonwealth, the States and the Northern Territory referred to in the preamble to this Act;
S. 4(1) def. of "datum" inserted by No. 91/2001 s.17(1)(a).
"datum" means a reference frame for defining geographic co-ordinates;
Note:If the position on the surface of the Earth of a particular point is identified by a coordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different co-ordinate.
"document" includes any map, book, record or writing;
S.4(1) def. of "facility" insertedby No.91/2001 s.4(1)(a).
"facility" includes a structure or installation of any kind;
s. 4
"Gazette" means the Government Gazette;
S. 4(1) def. of "geographic co-ordinate" inserted by No. 91/2001 s.17(1)(a).
"geographic co-ordinate" includes—
(a)a meridian of longitude by itself; and
(b)a parallel of latitude by itself;
"good oil-field practice" means all those things that are generally accepted as good and safe in the carrying on of exploration for petroleum, or in operations for the recovery of petroleum, as the case may be;
S.4(1) def. of "good processing and transport practices" insertedby No.91/2001 s.4(1)(a).
"good processing and transport practices" means all those things that are generally accepted as good and safe in the processing and storage of petroleum and the preparation of petroleum for transport;
"graticular section" means a section referred to in section 17;
S.4(1) def. of "infrastruc-
ture facilities" insertedby No.91/2001 s.4(1)(a).
"infrastructure facilities" has the meaning given by section 4A;
S.4(1) def. of "infrastruc-
ture licence" insertedby No.91/2001 s.4(1)(a).
"infrastructure licence" means an infrastructure licence under Part III;
S.4(1) def. of "infrastruc-
ture licence area" insertedby No.91/2001 s.4(1)(a).
"infrastructure licence area", in relation to an infrastructure licence, means the place in respect of which the infrastructure licence is in force;
s. 4
S.4(1) def. of "infrastruc-
ture licensee" insertedby No.91/2001 s.4(1)(a).
"infrastructure licensee" means the registered holder of an infrastructure licence;
"inspector" means a person appointed under section 125;
S. 4(1) def. of "interstate Minister" inserted by No. 91/2001 s.17(1)(a).
"interstate Minister" means the Minister of the Crown in right of a State (other than Victoria) or of the Northern Territory who is for the time being authorised under the law of that State or Territory to perform the functions of a Designated Authority under the Petroleum (Submerged Lands) Act 1967 of the Commonwealth;
S. 4(1) def. of "lease" inserted by No. 68/1986 s.4(1)(c).
"lease" means a retention lease under Part III;
S. 4(1) def. of "lease area" inserted by No. 68/1986 s.4(1)(c).
"lease area" means the area constituted by the blocks that are the subject of a lease;
S. 4(1) def. of "lessee" inserted by No. 68/1986 s.4(1)(c).
"lessee" means the registered holder of a lease;
"licence" means a production licence for petroleum under Part III;
s. 4
"licence area" means the area constituted by the blocks that are the subject of a licence;
"licensee" means the registered holder of a licence;
"location" means a block or blocks in respect of which a declaration under section 37 is in force;
S. 4(1) def. of "natural resources" substituted by No. 91/2001 s.17(1)(b).
"natural resources" has the same meaning as in paragraph 4 of Article 77 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10December 1982;
S.4(1) def. of "operation" insertedby No.91/2001 s.4(1)(a).
"operation" means an activity to which PartIII applies;
"partly cancelled" means—
(a)in relation to a permit or licence—cancelled as to one or more but not all of the blocks the subject of the permit or licence; and
(b)in relation to a pipeline licence—cancelled as to a part of the pipeline the subject of the licence;
S. 4(1) def. of "partly determined" amended by No. 68/1986 s.4(1)(d).
"partly determined", in relation to a permit or lease, means determined as to one or more but not all of the blocks the subject of the permit or lease;
"permit" means an exploration permit for petroleum under Part III;
"permit area" means the area constituted by the blocks that are the subject of a permit;
"permittee" means the registered holder of a permit;
S. 4(1) def. of "petroleum" amended by No. 91/2001 s.17(1)(c).
"petroleum" means—
s. 4
(a)any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state;
(b)any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
(c)any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen-sulphide, nitrogen, helium and carbon-dioxide—
and includes any petroleum as defined by paragraph (a), (b) or (c) of this definition that has been returned to a natural reservoir;
"petroleum pool" means a naturally occurring discrete accumulation of petroleum;
S. 4(1) def of "pipeline" amended by No. 91/2001 s.17(1)(d)(e).
"pipeline" means a pipe or system of pipes in the adjacent area for conveying petroleum, whether the petroleum is petroleum recovered from the adjacent area or not, but does not include a pipe or system of pipes—
(a)for returning petroleum to a natural reservoir;
(b)for conveying petroleum for use for the purposes of petroleum exploration operations or operations for the recovery of petroleum;
(c)for conveying petroleum that is to be flared or vented; or