Division 693 Notice of grants of permits etc to be published
The Minister shall cause notice of, and such particulars as the Minister thinks fit of:(a) the grant, and the grant of the renewal, of a permit, lease, licence or pipeline licence,(b) the variation of a licence or pipeline licence,(c) the surrender or cancellation of a permit, lease or licence as to all or some of the blocks in the permit area, lease area or licence area,(d) the determination of a permit or lease as to a block or blocks,(e) an application for a pipeline licence or for the renewal or variation of a pipeline licence,(f) the surrender or cancellation of a pipeline licence as to the whole or a part of the pipeline, and(g) the expiry of a permit, lease, licence or pipeline licence,under this Part to be published in the Gazette.
94 Date of effect of permits etc
(1) (Repealed)(2) The surrender or cancellation of a permit, lease or licence as to all or some of the blocks in the permit area, lease area or licence area has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette.(3) The surrender or cancellation of a pipeline licence as to the whole or a part of the pipeline has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette.(4) A variation of a licence or pipeline licence has effect on and from the day on which notice of the variation is published in the Gazette.
(1) Where a permit, lease, licence or pipeline licence is granted subject to a condition that works or operations specified in the permit, lease, licence or pipeline licence are to be carried out, the permittee, lessee, licensee or pipeline licensee, as the case may be, shall commence to carry out those works or operations within a period of 6 months after the day on which the permit, lease, licence or pipeline licence, as the case may be, comes into force.(2) The Minister may, for reasons that the Minister thinks sufficient, by instrument in writing served on a permittee, lessee, licensee or pipeline licensee:(a) exempt the person from compliance with the requirements of subsection (1), and(b) direct the person to commence to carry out the works or operations specified in the permit, lease, licence or pipeline licence, as the case may be, within such period after the day on which the permit, lease, licence or pipeline licence, as the case may be, comes into force as is specified in the instrument.(3) A person to whom a direction is given under subsection (2) shall comply with the direction.Maximum penalty: 100 penalty units.
(1) A permittee, lessee or licensee shall carry out all petroleum exploration operations and operations for the recovery of petroleum in the permit area, lease area or licence area in a proper and workmanlike manner and in accordance with good oil-field practice and shall secure the safety, health and welfare of persons engaged in those operations in or about the permit area, lease area or licence area.(2) In particular, and without limiting the generality of subsection (1), but subject to any authorization or requirement given or made by or under this Act, the regulations or directions under this Act, a permittee, lessee or licensee shall:(a) control the flow and prevent the waste or escape in the permit area, lease area or licence area of petroleum or water,(b) prevent the escape in the permit area, lease area or licence area of any mixture of water or drilling fluid with petroleum or any other matter,(c) prevent damage to petroleum-bearing strata in an area, whether within the adjacent area or not, in respect of which the permit, lease or licence is not in force,(d) keep separate:(i) each petroleum pool discovered in the permit area, lease area or licence area, and(ii) such of the sources of water, if any, discovered in that area as the Minister, by instrument in writing served on that person, directs, and(e) prevent water or any other matter entering any petroleum pool through wells in the permit area, lease area or licence area except when required by, and in accordance with, good oil-field practice.(3) A pipeline licensee shall operate the pipeline in a proper and workmanlike manner and shall secure the safety, health and welfare of persons engaged in operations in connexion with the pipeline.(4) In particular and without limiting the generality of subsection (3), a pipeline licensee shall prevent the waste or escape of petroleum or water from the pipeline or from any water line, pumping station, tank station, valve station or secondary line.(5) A person who is the holder of a special prospecting authority or an access authority shall carry out all petroleum exploration operations in the area in respect of which the special prospecting authority or access authority is in force in a proper and workmanlike manner and in accordance with good oil-field practice and shall secure the safety, health and welfare of persons engaged in those operations in or about that area.(6) It is a defence if a person charged with failing to comply with a provision of this section, or a defendant in an action arising out of a failure by the defendant to comply with a provision of this section, proves that he or she took all reasonable steps to comply with that provision.Maximum penalty: 100 penalty units.
97 Conditions relating to insurance
(1) The holder of a permit, lease, licence or pipeline licence must maintain, as directed by the Minister from time to time, insurance against expenses or liabilities or specified things arising in connection with, or as a result of, the carrying out of work, or the doing of any other thing, under the permit, lease, licence or pipeline licence, including expenses of complying with directions with respect to the clean-up or other remedying of the effects of the escape of petroleum.(2) The conditions subject to which a special prospecting authority or access authority is granted may include a condition that the holder maintain, as directed by the Minister from time to time, insurance against expenses or liabilities or specified things arising in connection with, or as a result of, the carrying out of work, or the doing of any other thing, under the authority, including expenses of complying with directions with respect to the clean-up or other remedying of the effects of the escape of petroleum.(3) Where:(a) a permit, lease, licence or pipeline licence was in force immediately before the commencement of this section, and(b) the Minister has required the holder to maintain insurance under subsection (1), and(c) the Minister is satisfied that the required insurance is in effect,the Minister must issue a certificate that the Minister is so satisfied.(4) Where the Minister issues a certificate under subsection (3), any security in force in relation to the permit, lease, licence or pipeline licence, being a security that was required under this Act before the commencement of this section, is discharged.(5) The discharge of a security under subsection (4) has no effect on any liability arising under or in relation to the security before its discharge.
98 Maintenance etc of property
(1) In this section:operator means a permittee, lessee, licensee, pipeline licensee or holder of a special prospecting authority or access authority.
the operations area:
(a) in relation to an operator who is a permittee, lessee or licensee—means the permit area, lease area or licence area, as the case may be,(b) in relation to an operator who is a pipeline licensee—means the part of the adjacent area in which the pipeline is constructed, and(c) in relation to an operator who is the holder of a special prospecting authority or access authority—means the area in respect of which that authority is in force.(2) An operator shall maintain in good condition and repair all structures, equipment and other property in the operations area and used in connexion with the operations in which the operator is engaged.(3) An operator shall remove from the operations area all structures, equipment and other property that are not either used or to be used in connexion with the operations in which the operator is engaged.(4) Subsections (2) and (3) do not apply in relation to any structure, equipment or other property that was not brought into the operations area by or with the authority of the operator.Maximum penalty: 100 penalty units.
99 Sections 96 and 98 to have effect subject to this Act etc
Sections 96 and 98 have effect subject to:(a) any other provision of this Act,(b) the regulations,(c) a direction under section 101, and(d) any other law.
(1) A permittee, lessee or licensee shall not make a well any part of which is less than 300 metres from a boundary of the permit area, lease area or licence area, as the case may be, except with the consent in writing of the Minister and in accordance with such conditions, if any, as are specified in the instrument of consent.(2) Where a permittee, lessee or licensee does not comply with subsection (1), the Minister may, by instrument in writing served on the permittee, lessee or licensee, as the case may be, direct the person to do one or more of the following, within the period specified in the instrument:(a) to plug the well,(b) to close off the well,(c) to comply with such directions relating to the making or maintenance of the well as are specified in the instrument.(3) A person to whom a direction is given under subsection (2) shall comply with the direction.Maximum penalty: 100 penalty units.
(1) The Minister may, by instrument in writing served on the registered holder of a permit, lease, licence, pipeline licence, special prospecting authority or access authority, give to the registered holder a direction as to any matter with respect to which regulations may be made.(2) A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to:(a) a specified class of persons, being a class constituted by or included in one or both of the following classes of persons:(i) servants or agents of, or persons acting on behalf of, the registered holder,(ii) persons performing work or services, whether directly or indirectly, for the registered holder, or(b) any person (not being a person to whom the direction applies otherwise than in accordance with this paragraph) who is in the adjacent area for any reason touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum or the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil or is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of that kind,and where a direction so expressed is given, the direction shall be deemed to apply to each person included in that specified class or to each person who is in the adjacent area as mentioned in paragraph (b), as the case may be.(2A) Where a direction under this section applies to a registered holder and to a person referred to in subsection (2) (a), the registered holder shall cause a copy of the instrument by which the direction was given to be given to that other person or to be exhibited at a prominent position at a place in an adjacent area frequented by that other person.Maximum penalty: 50 penalty units.
(2B) Where a direction under this section applies to a registered holder and to a person referred to in subsection (2) (b), the registered holder shall cause a copy of the instrument by which the direction was given to be exhibited at a prominent position at a place in an adjacent area.Maximum penalty: 50 penalty units.
(2C) Where a direction under this section applies to a registered holder and to a person referred to in subsection (2) (b), the Minister may, by notice in writing given to the registered holder, require the registered holder to cause to be displayed at such places in an adjacent area, and in such manner, as are specified in the notice, copies of the instrument by which the direction was given, and the registered holder shall comply with that requirement.Maximum penalty: 50 penalty units.
(3) The Minister shall not give a direction of a standing or permanent nature except after consultation with the Minister of State for the time being administering the Commonwealth Act, but the validity of a direction of the Minister shall not be called in question by reason only of a failure to comply with this subsection.(4) A direction under this section has effect and shall be complied with notwithstanding any previous direction under this section or anything in the regulations or the applied provisions.(5) Section 152 (2A) and (2B) applies in relation to directions under this section in like manner as those subsections apply to the regulations.(6) A person to whom a direction in force under subsection (1) is applicable shall comply with the direction.Maximum penalty for an offence against this subsection: 100 penalty units.
(7) Where:(a) a direction under this section applies to a registered holder and another person and that other person is prosecuted for an offence against subsection (6) in relation to the direction, and(b) the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction,the person shall not be convicted of the offence unless the prosecutor proves that the person knew, or could reasonably be expected to have known, of the existence of the direction.
102 Compliance with directions
(1) Where a person does not comply with a direction given or applicable to the person under this Part or under the regulations, the Minister may do all or any of the things required by the direction to be done.(2) Costs and expenses incurred by the Minister under subsection (1) in relation to a direction are a debt due by the person to whom the direction was given or was applicable to the Crown and are recoverable in a court of competent jurisdiction.(2A) Where:(a) a direction given under section 101 applies to a permittee, lessee, licensee or pipeline licensee or the holder of a special prospecting authority or access authority and another person and an action under subsection (2) relating to the direction is brought against that other person, and(b) the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction,the person is not liable under subsection (2) unless the plaintiff proves that the person knew, or could reasonably be expected to have known, of the existence of the direction.(3) It is a defence if a person charged with failing to comply with a direction given or applicable to the person under this Part or under the regulations or a defendant in an action under subsection (2) proves that he or she took all reasonable steps to comply with the direction.
(1) Where:(a) a permit, lease, licence or pipeline licence is, under this Part, to be deemed to continue in force until the Minister grants, or refuses to grant, the renewal of the permit, lease, licence or pipeline licence,(b) a licence is varied under section 46,(c) a licensee enters into an agreement under section 60, or a direction is given to a licensee under that section,(d) a permit, lease or licence is partly cancelled, partly determined or surrendered as to 1 or more but not all of the blocks in respect of which it is in force,(e) a pipeline licence is varied under section 72 or 73,(f) a direction is given to a pipeline licensee under section 74,(g) a pipeline licence is partly cancelled,(h) an access authority is granted in respect of a block the subject of a permit, lease or licence, or an access authority as in force in respect of such a block is varied,(i) a permittee, lessee, licensee, pipeline licensee or the holder of a special prospecting authority or access authority applies, by instrument in writing served on the Minister:(i) for a variation or suspension of, or(ii) for exemption from compliance with,any of the conditions to which the permit, lease, licence, pipeline licence, special prospecting authority or access authority is subject, or(j) the Minister, under this Part or the regulations, gives a direction or consent to a permittee, lessee, licensee, pipeline licensee or the holder of a special prospecting authority or access authority,the Minister may, at any time, by instrument in writing served on the permittee, lessee, licensee, pipeline licensee or holder of the special prospecting authority or access authority:(k) vary or suspend, or(l) exempt the permittee, lessee, licensee, pipeline licensee or holder of the special prospecting authority or access authority from compliance with,any of the conditions to which the permit, lease, licence, pipeline licence, special prospecting authority or access authority is subject, upon such conditions, if any, as the Minister determines and specifies in the instrument.(2) Subsection (1) does not authorize the making of an instrument to the extent that it would affect the term of a permit, lease, licence or pipeline licence.(3) Where, in pursuance of subsection (1), the Minister suspends, or exempts the permittee or lessee from compliance with, any of the conditions to which a permit or lease is subject, the Minister may, if the Minister considers that circumstances make it reasonable to do so, in the instrument of suspension or exemption or by a later instrument in writing served on the permittee or lessee, extend the term of the permit or lease by a period not exceeding the period of suspension or exemption.
104 Suspension of rights conferred by permit or lease
(1) Where the Minister is satisfied that it is necessary to do so in the public interest, the Minister shall, by instrument in writing served on the permittee or lessee, suspend, either for a specified period or indefinitely, all or any of the rights conferred by a permit or lease.(2) Where any rights are suspended in accordance with subsection (1), any conditions required to be complied with in the exercise of those rights are also suspended.(3) The Minister may, by instrument in writing served on the permittee or lessee, terminate a suspension of rights under subsection (1).(4) Where rights conferred by a permit or lease are suspended in accordance with subsection (1), the Minister may, by the instrument of suspension or by a later instrument in writing served on the permittee or lessee, extend the term of the permit or lease by a period not exceeding the period of the suspension.
(1) The registered holder of an instrument, being a permit, lease, licence or pipeline licence, may, at any time, by application in writing served on the Minister, apply for consent to surrender the instrument:(a) in the case of a permit or licence—as to all or some of the blocks in respect of which it is in force,(aa) in the case of a lease—as to all of the blocks in respect of which it is in force, or(b) in the case of a pipeline licence—as to the whole or a part of the pipeline in respect of which it is in force.(2) Subject to subsection (3), the Minister shall not give consent to a surrender of an instrument under subsection (1) unless the registered holder:(a) has paid all fees and amounts payable by the holder under this Act or has made arrangements that are satisfactory to the Minister for the payment of those fees and amounts,(b) has complied with the conditions to which the instrument is subject and with the provisions of this Part and of the regulations,(c) has, to the satisfaction of the Minister, removed or caused to be removed from the area to which the surrender relates all property brought into that area by any person engaged or concerned in the operations authorized by the instrument, or has made arrangements that are satisfactory to the Minister with respect to that property,(d) has, to the satisfaction of the Minister, plugged or closed off all wells made in that area by any person engaged or concerned in the operations authorized by the instrument,(e) subject to this Part and to the regulations, has made provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area, and(f) has, to the satisfaction of the Minister, made good any damage to the sea-bed or subsoil in that area caused by any person engaged or concerned in the operations authorized by the instrument,but, if the registered holder has complied with those requirements, the Minister shall not unreasonably refuse to consent to the surrender.(3) Where the registered holder of an instrument, being a permit, lease, licence or pipeline licence, has not complied with the conditions to which the instrument is subject and with the provisions of this Part and of the regulations, the Minister may give consent to a surrender of the instrument under subsection (1) if satisfied that, although the registered holder has not so complied, special circumstances exist that justify the giving of consent to the surrender.(4) Where the Minister consents to an application under subsection (1), the applicant may, by instrument in writing served on the Minister, surrender the instrument accordingly.(5) In this section, the area to which the surrender relates means:(a) in relation to a surrender of a permit, lease or licence—the area constituted by the blocks as to which the permit, lease or licence is proposed to be surrendered, and(b) in relation to a surrender of a pipeline licence—the part of the adjacent area in which the pipeline, or the part of the pipeline, as to which the pipeline licence is proposed to be surrendered is constructed.
106 Cancellation of permits etc
(1) Where a permittee, lessee, licensee or pipeline licensee:(a) has not complied with a condition to which the permit, lease, licence or pipeline licence is subject,(b) has not complied with a direction given to him or her under this Part by the Minister,(c) has not complied with a provision of this Part or of the regulations, or(d) has not paid any amount payable by him or her under this Act within a period of 3 months after the day on which the amount became payable,the Minister may, on that ground, by instrument in writing served on the permittee, lessee, licensee or pipeline licensee, as the case may be:(e) in the case of a permit or licence—cancel the permit or licence as to all or some of the blocks in respect of which it is in force,(ea) in the case of a lease—cancel the lease as to all of the blocks in respect of which it is in force, or(f) in the case of a pipeline licence—cancel the pipeline licence as to the whole or a part of the pipeline in respect of which it is in force.(2) The Minister shall not, under subsection (1), cancel a permit, licence or pipeline licence as to all or some of the blocks, or as to the whole or a part of the pipeline, in respect of which it is in force, or cancel a lease as to all of the blocks in respect of which it is in force, on a ground referred to in that subsection unless:(a) the Minister has, by instrument in writing served on the permittee, lessee, licensee or pipeline licensee, as the case may be, given not less than 1 month’s notice of the Minister’s intention so to cancel the permit, lease, licence or pipeline licence on that ground,(b) the Minister has served a copy of the instrument on such other persons, if any, as the Minister thinks fit,(c) the Minister has, in the instrument, specified a date on or before which the permittee, lessee, licensee or pipeline licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that the permittee, lessee, licensee or pipeline licensee or the person wishes the Minister to consider, and(d) the Minister has taken into account:(i) any action taken by the permittee, lessee, licensee or pipeline licensee, as the case may be, to remove that ground or to prevent the recurrence of similar grounds, and(ii) any matters so submitted to the Minister on or before the specified date by the permittee, lessee, licensee or pipeline licensee or by a person on whom a copy of the firstmentioned instrument has been served.
107 Cancellation of permit etc not affected by other provisions
(1) A permit, licence or pipeline licence may be wholly cancelled or partly cancelled, and a lease may be wholly cancelled, on the ground that the registered holder of the permit, lease, licence or pipeline licence has not complied with a provision of this Part or of the regulations notwithstanding that the registered holder has been convicted of an offence by reason of the failure to comply with the provision.(2) A person who was the registered holder of a permit, lease, licence or pipeline licence that has been wholly cancelled, or is the registered holder of a permit, licence or pipeline licence that has been partly cancelled, on the ground that he has not complied with a provision of this Part or of the regulations may be convicted of an offence by reason of the failure to comply with the provision, notwithstanding that the permit, lease, licence or pipeline licence has been so cancelled.(3) A permit, licence or pipeline licence may be wholly cancelled or partly cancelled, and a lease may be wholly cancelled, on the ground that the registered holder of the permit, lease, licence or pipeline licence has not paid an amount payable by the holder under this Act within a period of 3 months after the day on which the amount became payable, notwithstanding that judgment for the amount has been obtained or that the amount, or any part of the amount, has been paid or recovered.(4) A person who was the registered holder of a permit, lease, licence or pipeline licence that has been wholly cancelled, or is the registered holder of a permit, licence or pipeline licence that has been partly cancelled, on the ground that he has not paid an amount payable by the holder under this Act within a period of 3 months after the day on which the amount became payable continues to be liable to pay that amount, together with any additional amount payable by reason of late payment of that amount, notwithstanding that the permit, lease, licence or pipeline licence has been so cancelled.
108 Removal of property etc by permittee etc
(1) Where a permit, licence or pipeline licence has been wholly determined, partly determined, wholly cancelled or partly cancelled or has expired, or a lease has been wholly determined, partly determined or wholly cancelled or has expired, the Minister may, by instrument in writing served on the person who was, or is, as the case may be, the permittee, lessee, licensee or pipeline licensee, direct that person to do any 1 or more of the following things:(a) to remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorized by the permit, lease, licence or pipeline licence or to make arrangements that are satisfactory to the Minister with respect to that property,(b) to plug or close off, to the satisfaction of the Minister, all wells made in that area by any person engaged or concerned in those operations,(c) subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area,(d) to make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area caused by any person engaged or concerned in those operations.(2) The Minister may, by instrument in writing served on a permittee, lessee, licensee or pipeline licensee, direct the person to do any 1 or more of the following things:(a) to remove or cause to be removed from the permit area, lease area, licence area or part of the adjacent area in which the pipeline is constructed, as the case may be, all property brought into that area or part by any person engaged or concerned in the operations authorized by the permit, lease, licence or pipeline licence or to make arrangements that are satisfactory to the Minister with respect to that property,(b) to plug or close off, to the satisfaction of the Minister, all wells made in that area or part by any person engaged or concerned in those operations,(c) subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area or part,(d) to make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area or part caused by any person engaged or concerned in those operations.(3) A person to whom a direction is given under either subsection (1) or (2) shall comply with the direction:(a) in the case of a direction given under subsection (1)—within the period specified in the instrument by which the direction was given, or(b) in the case of a direction given under subsection (2)—on or before the date of expiration of the permit, lease, licence or pipeline licence concerned.Maximum penalty: 100 penalty units.
109 Removal of property etc by Minister
Where a permit, licence or pipeline licence has been wholly determined, partly determined, wholly cancelled or partly cancelled or has expired, or a lease has been wholly determined, partly determined or wholly cancelled or has expired, and a direction under section 108 has not been complied with, or an arrangement under that section has not been carried out, in relation to the relinquished area:(a) the Minister may do all or any of the things required by the direction or arrangement to be done, and(b) if any property brought into that area by any person engaged or concerned in the operations authorized by the permit, lease, licence or pipeline licence has not been removed in accordance with the direction or arrangement, the Minister may, by instrument published in the Gazette, direct that the owner or owners of that property shall remove it from that area, or dispose of it to the satisfaction of the Minister, within the period specified in the instrument and shall serve a copy of the instrument on each person whom the Minister believes to be an owner of that property or any part of that property.
(1) The Minister and a person who may request, or has requested, that a permit under section 28, or a licence under section 51, be granted to the person may enter into an agreement in writing for or in relation to the payment, by instalments, of the amount to be paid in respect of the grant of the permit or licence, together with interest at the rate that is the specified rate from time to time on so much of that amount as from time to time remains unpaid.(2) For the purposes of subsection (1), the specified rate is 10 per cent per annum or, if a lower rate is prescribed, that lower rate.(3) The period specified in an agreement under this section as the period within which an amount payable by instalments is to be paid shall not be greater than 21 years.(4) Where a person enters into an agreement under this section for or in relation to the payment of an amount in respect of the grant of a permit or licence, any instalment or interest that is due under the agreement and has not been paid is payable by the registered holder of the permit or licence, as the case may be.
111 Penalty for late payments of instalments etc
(1) Where the liability of a person under section 110 to pay an amount, being an instalment or any interest, is not discharged at or before the time when the amount is payable, there is payable by that person an additional amount calculated at the rate of one-third of 1 per cent per day upon so much of the firstmentioned amount as from time to time remains unpaid, to be computed from the time when the firstmentioned amount became payable until it is paid.(2) The Minister may, in a particular case, for reasons that the Minister thinks sufficient, remit the whole or part of an amount payable under this section.
112 Special prospecting authorities
(1) A person may make an application to the Minister for the grant of a special prospecting authority in respect of a block or blocks in respect of which a permit, lease or licence is not in force.(2) An application under this section:(a) shall be in accordance with an approved form, and(b) shall be made in an approved manner, and(c) shall specify the operations that the applicant proposes to carry on and the block or blocks in respect of which the applicant proposes to carry on those operations, and(d) shall be accompanied by the prescribed fee.(3) The Minister:(a) may grant to the applicant a special prospecting authority subject to such conditions as the Minister thinks fit and specifies in the authority, or(b) may refuse to grant the application.(4) A special prospecting authority, while it remains in force, authorizes the holder, subject to this Act and the regulations and in accordance with the conditions to which the special prospecting authority is subject, to carry on in the blocks specified in the special prospecting authority the petroleum exploration operations so specified.(5) Nothing in a special prospecting authority authorizes the holder to make a well.(6) A special prospecting authority comes into force on the day specified for the purpose in the authority and, unless surrendered or cancelled, remains in force for such period, not exceeding 6 months, as is so specified.(6A) A special prospecting authority is not capable of being transferred.(6B) Where:(a) a person holds a special prospecting authority in respect of a block, and(b) another special prospecting authority is granted to another person in respect of the block,the Minister shall, by notice in writing served on each of those persons, inform each of them of:(c) the petroleum exploration operations authorized by the special prospecting authority granted to the other person, and(d) the conditions to which the special prospecting authority granted to the other person is subject.(7) A special prospecting authority:(a) may be surrendered by the holder at any time by instrument in writing served on the Minister, and(b) may, if the holder has not complied with a condition to which the authority is subject, be cancelled by the Minister by instrument in writing served on the holder.(8) Where a special prospecting authority has been surrendered or cancelled or has expired, the Minister may, by instrument in writing served on the person who was the holder of the special prospecting authority, direct that person to do any 1 or more of the following things:(a) to remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorized by the special prospecting authority or to make arrangements that are satisfactory to the Minister with respect to that property,(b) subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area,(c) to make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area caused by any person engaged or concerned in those operations.(9) A person to whom a direction is given under subsection (8) shall comply with the direction.Maximum penalty: 100 penalty units.
(10) Section 109 applies to and in relation to a special prospecting authority as if:(a) a reference in that section to a permit were a reference to a special prospecting authority, and(b) a reference in that section to a direction or an arrangement under section 108 were a reference to a direction or an arrangement under subsection (8).
(1) A permittee, lessee or licensee may make an application to the Minister for the grant of an access authority to enable him or her to carry on in an area, being part of the adjacent area that is not part of the permit area, lease area or licence area, petroleum exploration operations or operations related to the recovery of petroleum in or from the permit area, lease area or licence area.(1A) A holder of an extra-State title may make an application to the Minister for the grant of an access authority to enable the holder to carry on, in a part of the adjacent area, petroleum exploration operations or operations related to the recovery of petroleum in or from the area to which that extra-State title relates.(1B) The holder of a special prospecting authority may make an application to the Minister for the grant of an access authority to enable the applicant to carry on petroleum exploration operations in an area, being part of the adjacent area not included in any block that is the subject of the special prospecting authority.(1C) The holder of a permit, lease, licence or special prospecting authority may make an application to the Minister for the grant of an access authority to enable the applicant to carry on, in a block or blocks within an adjoining adjacent area:(a) petroleum exploration operations, or(b) where the applicant is the holder of a permit, lease or licence, operations related to the recovery of petroleum in or from any block within the New South Wales adjacent area that is the subject of the permit, lease or licence.(2) An application under this section:(a) shall be in accordance with an approved form,(b) shall be made in an approved manner,(c) shall specify the operations that the applicant proposes to carry on and the area in which the applicant proposes to carry on those operations, and(d) may set out any other matters that the applicant wishes the Minister to consider.(3) The Minister may:(a) if the Minister is satisfied that it is necessary or desirable to do so for the more effective exercise of the rights, or for the proper performance of the duties, of a permittee, lessee, licensee, holder of a special prospecting authority or holder of an extra-State title who has made an application under this section, grant to him or her an access authority subject to such conditions as the Minister thinks fit and specifies in the access authority, and(b) at any time, by instrument in writing served on the registered holder of an access authority so granted, vary the access authority.(4) The Minister shall not grant an access authority on an application under a provision of this section other than subsection (1C) in respect of a block that is the subject of a permit, lease, licence or special prospecting authority of which the registered holder is a person other than the applicant, or vary such an access authority as in force in respect of a block that is the subject of a permit, lease, licence or special prospecting authority of which the registered holder is a person other than the registered holder of the access authority, unless:(a) the Minister has, by instrument in writing served on that person, given not less than 1 month’s notice of the Minister’s intention to grant, or vary, as the case may be, the access authority,(b) the Minister has served a copy of the instrument:(i) on such other persons, if any, as he thinks fit, and(ii) in a case where he intends to vary an access authority—on the registered holder of the access authority,(c) the Minister has, in the instrument:(i) given particulars of the access authority proposed to be granted, or of the variation proposed to be made, as the case may be, and(ii) specified a date on or before which a person on whom the instrument, or a copy of the instrument, is served may, by instrument in writing served on the Minister, submit any matters that the Minister wishes the Minister to consider, and(d) the Minister has taken into account any matters so submitted to the Minister on or before the specified date by a person on whom the firstmentioned instrument, or a copy of that instrument, has been served.(4A) The Minister shall not grant or vary an access authority on an application under subsection (1C) without the approval of the Designated Authority for the adjoining adjacent area within which the block or blocks to be specified in the access authority are situated.(4B) Where the approval of the Minister is sought in respect of:(a) an application under a corresponding law for the grant of an access authority in respect of a block within the New South Wales adjacent area that is the subject of a permit, lease, licence or special prospecting authority of which the registered holder is a person other than the applicant, or(b) a proposal to vary an access authority granted on an application under a corresponding law, in respect of a block within the New South Wales adjacent area that is the subject of a permit, lease, licence or special prospecting authority of which the registered holder is a person other than the registered holder of the access authority,the Minister shall not approve the grant or the variation unless:(c) the Minister has, by instrument in writing served on that person, given not less than 1 month’s notice of the intention to grant, or vary, as the case may be, the access authority, and(d) a copy of the instrument has been served:(i) on such other persons, if any, as the Minister thinks fit, and(ii) where it is proposed to vary an access authority—on the registered holder of the access authority, and(e) the instrument gives:(i) particulars of the access authority that it is proposed to grant or vary, as the case may be, and(ii) notice that a person on whom the instrument, or a copy of the instrument, has been served may, by instrument in writing served on the Minister on or before the date specified in the instrument, submit any matters that the person wishes the Minister to consider, and(f) the Minister has taken into account any matters submitted in accordance with the notice referred to in paragraph (e) (ii).(5) An access authority, while it remains in force, authorizes the holder, subject to this Act and the regulations and in accordance with the conditions to which the access authority is subject, to carry on, in the area specified in the access authority, the operations so specified.(6) Nothing in an access authority authorizes the holder to make a well.(7) An access authority comes into force on the day specified for the purpose in the access authority and, unless surrendered or cancelled, remains in force for such period as is so specified but may be extended by the Minister for a further period.(8) An access authority:(a) may be surrendered by the holder at any time by instrument in writing served on the Minister, and(b) may be cancelled by the Minister at any time by instrument in writing served on the holder and on any person in whose permit area, lease area or licence area operations may be carried on in pursuance of the access authority.(9) Where an access authority has been surrendered or cancelled or has expired, the Minister may, by instrument in writing served on the person who was the holder of the access authority, direct that person to do any 1 or more of the following things:(a) to remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorized by the access authority or to make arrangements that are satisfactory to the Minister with respect to that property,(b) subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area,(c) to make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area caused by any person engaged or concerned in those operations.(10) A person to whom a direction is given under subsection (9) shall comply with the direction.Maximum penalty: 100 penalty units.
(11) The holder of an access authority shall, if the access authority is in force in respect of an area that consists of, or includes, a block that is the subject of a permit, lease or licence of which he or she is not the registered holder, furnish to the registered holder of that permit, lease or licence, within 28 days after the end of each month during which the access authority is in force in respect of that block, a full report, in writing, of the operations carried on in that block during that month and a summary of the facts ascertained from those operations.Maximum penalty: 50 penalty units.
(12) Section 109 applies to and in relation to an access authority as if:(a) a reference in that section to a permit were a reference to an access authority, and(b) a reference in that section to a direction or an arrangement under section 108 were a reference to a direction or an arrangement under subsection (9).(13) In this section:adjoining adjacent area means an adjacent area (within the meaning of a corresponding law) that adjoins the New South Wales adjacent area.
Designated Authority, in relation to an adjoining adjacent area, means the Minister of State administering the corresponding law in respect of the adjoining adjacent area.
extra-State title means an authority, however described, granted under a corresponding law in respect of the exploration for, or the recovery of, petroleum.
(1) Where a direction under section 109 has not been complied with in relation to any property, the Minister may do all or any of the following things:(a) remove, in such manner as the Minister thinks fit, all or any of that property from the relinquished area concerned,(b) dispose of, in such manner as the Minister thinks fit, all or any of that property,(c) if the Minister has served a copy of the instrument by which the direction was given on a person whom the Minister believed to be an owner of that property or part of that property, sell, by public auction or otherwise, as the Minister thinks fit, all or any part of that property that belongs, or that the Minister believes to belong, to that person.(2) The Minister may deduct from the proceeds of a sale under subsection (1) of property that belongs, or that the Minister believes to belong, to a particular person:(a) all or any part of any costs and expenses incurred by the Minister under that subsection in relation to that property,(b) all or any part of any costs and expenses incurred by the Minister in relation to the doing of any thing required by a direction under section 108, 112 or 113, as the case may be, to be done by that person, and(c) all or any part of any fees or amounts due and payable under this Act by that person.(3) Costs and expenses incurred by the Minister under subsection (1):(a) if incurred in relation to the removal, disposal or sale of property, are a debt due by the owner of the property to the Crown, or(b) if incurred in relation to the doing of any thing required by a direction under section 108, 112 or 113, as the case may be, to be done by a person who is or was a permittee, lessee, licensee, pipeline licensee or holder of a special prospecting authority or access authority, are a debt due by that person to the Crown,and, to the extent to which they are not recovered under subsection (2), are recoverable in a court of competent jurisdiction.(4) Subject to subsection (3), no action lies in respect of the removal, disposal or sale of property under this section.
116 Minister etc may require information to be furnished etc
(1) Where the Minister or an inspector has reason to believe that a person is capable of giving information or producing documents relating to petroleum exploration operations, operations for the recovery of petroleum or operations connected with the construction or operation of a pipeline in the adjacent area, the Minister or inspector may, by instrument in writing served on that person, require that person:(a) to furnish to the Minister or inspector in writing, within the period and in the manner specified in the instrument, any such information, or(b) to attend before the Minister or inspector or a person specified in the instrument, at such time and place as is so specified, and there to answer questions relating to those operations and to produce such documents relating to those operations as are so specified.(2) A person is not excused from furnishing information, answering a question or producing a document when required to do so under this section on the ground that the information so furnished, the answer to the question or the production of the document might tend to incriminate him or her or make him or her liable to a penalty, but the information so furnished or the person’s answer to the question is not admissible in evidence against him or her in proceedings other than proceedings for an offence against section 118.
(1) The Minister or an inspector may administer an oath to a person required to attend before the Minister or inspector in pursuance of section 116 and may examine that person on oath.(2) Where a person attending before the Minister or an inspector in pursuance of section 116 conscientiously objects to take an oath, the person may make an affirmation that the person conscientiously objects to take an oath and that the person will state the truth, the whole truth and nothing but the truth to all questions asked him.(3) An affirmation made under subsection (2) is of the same force and effect, and entails the same penalties, as an oath.
118 Failing to furnish information etc
A person shall not:(a) refuse or fail to comply with the requirement in an instrument under section 116 to the extent to which the person is capable of complying with it,(b) in purported compliance with such a requirement, knowingly furnish information that is false or misleading in a material particular, or(c) when attending before the Minister or an inspector in pursuance of such a requirement, knowingly make a statement or produce a document that is false or misleading in a material particular.Maximum penalty: 100 penalty units.
(1) The Minister may, at any time, make available to another Minister or to a Minister of State of the Commonwealth or another State:(a) any information contained in a document to which this section applies that has been furnished to the Minister, and(b) any cores or cuttings from, or samples of, the sea-bed or subsoil in a block, or samples of petroleum recovered in a block, that have been furnished to the Minister.(1A) The Minister or another Minister may, at any time after the grant or renewal, or refusal to grant or renew, a permit, lease, licence, pipeline licence, access authority or special prospecting authority:(a) make publicly known, or(b) on request by a person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, make available to that person,any information contained in, or accompanying, the application for the grant or renewal, as the case may be, but not including:(c) information of a kind referred to in subsection (2) or (5A), or(d) particulars of:(i) the technical qualifications of the applicant and of the employees of the applicant,(ii) the technical advice available to the applicant, or(iii) the financial resources available to the applicant.(2) The Minister or another Minister may, at any time after the relevant day:(a) make publicly known, or(b) on request by a person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, make available to that person,any information contained in a document to which this section applies that has been furnished to the Minister or has been made available to the other Minister under subsection (1), being information that relates to the sea-bed or subsoil, or to petroleum, in a block, but not including any matter contained in a document to which this section applies that, in the opinion of the Minister or the other Minister, is a conclusion drawn, in whole or in part, from, or an opinion based, in whole or in part, on, any such information.(3) The Minister or another Minister may, at any time after the relevant day:(a) make publicly known any particulars of, or(b) on request by a person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, permit that person to inspect,any cores or cuttings from, or samples of, the sea-bed or subsoil in a block, or samples of petroleum recovered in a block, that have been furnished to the Minister or have been made available to the other Minister under subsection (1).(4) For the purposes of subsections (2) and (3):(a) where:(i) a permit or lease is in force in respect of the block, and(ii) the document, core, cutting or sample was furnished to the Minister during the period during which any of the following were in force in respect of the block:the relevant day is the day on which the period of 2 years that commenced on the day on which the document, core, cutting or sample was furnished to the Minister expires, and(A) the permit or lease,(B) in a case where a lease is in force in respect of the block—the permit that ceased to be in force in respect of the block by virtue of section 39B (7) on the day on which the lease came into force,(b) where:(i) a licence is in force in respect of the block, and(ii) the document, core, cutting or sample was furnished to the Minister during the period during which any of the following were in force in respect of the block:the relevant day is the day on which the period of 12 months that commenced on the day on which the document, core, cutting or sample was furnished to the Minister expires,(A) the licence,(B) the permit or lease that ceased to be in force in respect of the block by virtue of section 45 (5) on the day on which the licence came into force,(c) where the document, core, cutting or sample was furnished to the Minister during a period during which a permit, lease or licence was in force in respect of the block and:(i) the permit, lease or licence is surrendered, cancelled or determined as to the block, or(ii) the permit, lease or licence expires but is not renewed in respect of the block,the relevant day is the day on which the permit, lease or licence is so surrendered, cancelled or determined or expires, as the case may be, whether another permit, lease or licence is subsequently in force in respect of the block or not, and(d) where:(i) the document, core, cutting or sample was furnished to the Minister at a time when a permit, lease or licence was not in force in respect of the block, and(ii) the information in the document or the core, cutting or sample was collected for the purpose of the sale of information on a non-exclusive basis,the relevant day is the day determined by the Minister, being a day not more than 5 years after the day on which the document, core, cutting or sample was furnished to the Minister, and(e) where:(i) the document, core, cutting or sample was furnished to the Minister at a time when a permit, lease or licence was not in force in respect of the block, and(ii) paragraph (d) (ii) does not apply,the relevant day is the day determined by the Minister, being a day not more than 2 years after the day on which the document, core, cutting or sample was furnished to the Minister.(5) Where:(a) a document, core, cutting or sample referred to in subsection (1) was furnished to the Minister:(i) during or in respect of a period during which a permit, lease or licence was in force in respect of the block, or(ii) during or in respect of a period during which a special prospecting authority or access authority was in force in respect of the block but during which a permit, lease or licence was not in force in respect of the block, and(b) the permittee, lessee, licensee or holder of the special prospecting authority or access authority or, if the permit, lease, licence, special prospecting authority or access authority has ceased to be in force, the person who was the holder of the permit, lease, licence, special prospecting authority or access authority:the Minister or another Minister to whom that information, core, cutting or sample has been made available under subsection (1) may, at any time after that information has, or those particulars have, been made publicly known or after that consent has been given:(i) has made publicly known any information contained in the document or has consented in writing to any of that information being made publicly known, or(ii) has made publicly known any particulars of that core, cutting or sample or has consented in writing to any particulars of that core, cutting or sample being made publicly known or to that core, cutting or sample being made available for inspection,(c) make publicly known that information or, on request by another person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, make that information available to that other person, or(d) make publicly known those particulars or, on request by any other person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, permit that other person to inspect that core, cutting or sample,as the case may be.(5A) Subject to subsection (5F), the Minister or another Minister may, at any time after the end of the period of 5 years after a document to which this section applies was furnished to the Minister:(a) make publicly known, or(b) on request by a person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, make available to that person,any information contained in the document, being information that relates to the sea-bed or subsoil, or to petroleum, in a block, and that, in the opinion of the Minister or the other Minister, is a conclusion drawn, in whole or in part, from, or an opinion based, in whole or in part, on any information contained in a document to which this section applies that has been furnished to the Minister or has been made available to the other Minister under subsection (1).(5B) Before the Minister or the other Minister makes available or publicly known any information pursuant to subsection (5A), the Minister or the other Minister, as the case may be, shall:(a) cause to be published in the Gazette a notice:(i) stating that the Minister or the other Minister, as the case may be, proposes to make the information available or publicly known,(ii) inviting interested persons to give to the Minister or the other Minister, as the case may be, by such day as is specified in the notice, being a day not earlier than 45 days after the publication of the notice, a notice objecting to the whole or any part of the information being made available or publicly known, and(iii) stating that, if a person does not make an objection in accordance with the invitation, the person will be taken to have consented to the information being made available or publicly known, and(b) if it is practicable to do so—cause a copy of the notice so published in the Gazette to be served on the person who furnished the document containing the information.(5C) There shall be set out in the notice of objection the reasons for making the objection.(5D) A person is not entitled to make an objection to information being made available or publicly known except on the grounds that to do so would disclose:(a) a trade secret, or(b) any other information the disclosure of which would, or could reasonably be expected to, adversely affect the person in respect of the lawful business, commercial or financial affairs of the person.(5E) Where a person makes an objection to the Minister or the other Minister in accordance with such an invitation, the Minister or the other Minister shall, within 45 days after the receipt of the notice of objection, consider the objection, and may either disallow it, or allow it in whole or in part, and shall cause to be served on the person written notice of the decision on the objection.(5F) The Minister or the other Minister shall not make available or make publicly known any information pursuant to subsection (5A) if there is in force an objection made in relation to the information being made available or publicly known but, where such an objection is in force, nothing in this section shall be taken to preclude a further invitation under subsection (5B) being made in relation to the information.(6) Except as provided by the preceding provisions of this section or for the purposes of the administration of this Act and the regulations, the Minister or another Minister to whom any information, core, cutting or sample has been made available under subsection (1) shall not:(a) make publicly known, or make available to any person (not being a Minister or a Minister of State of the Commonwealth or another State), any information contained in a document to which this section applies, or(b) make publicly known any particulars of, or permit any person (not being a Minister referred to in paragraph (a)) to inspect, any core, cutting or sample so referred to.(6A) This section applies to the following documents:(a) an application made to the Minister under this Act or a document accompanying such an application,(b) a report, return or other document relating to a block that has been furnished to the Minister under this Act.(7) In this section, a reference to a core, cutting or sample includes a reference to a portion of a core, cutting or sample.(8) For the purposes of this section:(a) cores and cuttings, and well data logs, sample descriptions and other documents, relating to the drilling of a well, shall be deemed to have been furnished to the Minister not later than 1 month after the drilling of the well was, in the opinion of the Minister, substantially completed, and(b) geophysical or geochemical data relating to geophysical or geochemical surveys shall be deemed to have been furnished to the Minister not later than 1 year after the geophysical or geochemical field work was, in the opinion of the Minister, substantially completed.(8A) Subsections (2) and (5A) apply to information contained in a document to which this section applies that was furnished to the Minister before or after 1 July 1986.(8B) Subsection (3) applies to cores, cuttings and samples furnished to the Minister before or after 1 July 1986.(9) In this section, a reference to a Minister of State of another State includes a reference to a Minister of State of the Northern Territory.
(1) For the purpose of protecting a well or structure, or any equipment, in the adjacent area, the Minister may, by instrument published in the Gazette, prohibit:(a) all vessels,(b) all vessels other than specified vessels, or(c) all vessels other than the vessels included in specified classes of vessels,from entering or remaining in a specified area (in this section called a safety zone) surrounding the well, structure or equipment without the consent in writing of the Minister.(2) A safety zone specified in an instrument under subsection (1) may extend to a distance of 500 metres around the well, structure or equipment specified in the instrument measured from each point of the outer edge of the well, structure or equipment.(3) Where a vessel enters or remains in a safety zone specified in an instrument under subsection (1) in contravention of the instrument, the owner and the person in command or in charge of the vessel are each guilty of an offence against this section and are punishable, upon conviction, by a penalty not exceeding 1,000 penalty units or imprisonment for 10 years, or both.
121 Discovery and use of water
Where water is discovered in a permit area, a lease area or a licence area, the permittee, lessee or licensee, as the case may be, shall, within a period of 1 month after the date of the discovery, furnish to the Minister, in writing, particulars of the discovery.Maximum penalty: 100 penalty units.
(1) The Minister may, at any time, by instrument in writing served on a permittee, lessee or licensee, direct the permittee, lessee or licensee:(a) to carry out a survey of the position of the well, structure or equipment specified in the instrument, and(b) to furnish to the Minister a report in writing of the survey.(2) Where the Minister is not satisfied with a report of a survey furnished to the Minister under subsection (1) by a permittee, lessee or licensee, the Minister may, by instrument in writing served on the permittee, lessee or licensee, direct the permittee, lessee or licensee to furnish further information in writing in connexion with the survey.(3) A person to whom a direction is given under either subsection (1) or (2) shall comply with the direction.Maximum penalty: 100 penalty units.
(1) The Minister may, by instrument in writing served on a person carrying on operations in the adjacent area under a permit, lease, licence, pipeline licence, special prospecting authority, access authority or instrument of consent under section 124, direct that person to do any 1 or more of the following things:(a) to keep such accounts, records and other documents in connexion with those operations as are specified in the instrument,(b) to collect and retain such cores, cuttings and samples in connexion with those operations as are so specified,(c) to furnish to the Minister, or to such person as is so specified, in the manner so specified, such reports, returns, other documents, cores, cuttings and samples in connexion with those operations as are so specified.(2) A person to whom a direction is given under subsection (1) shall comply with the direction.Maximum penalty: 100 penalty units.
(1) The Minister may, by instrument in writing, consent to the carrying on in the adjacent area by any person of petroleum exploration operations in the course of a scientific investigation.(2) An instrument of consent under subsection (1) may be made subject to such conditions, if any, as are specified in the instrument.(3) An instrument of consent in force under subsection (1) authorizes the person specified in the instrument, subject to section 125 and in accordance with the conditions, if any, to which the instrument is subject, to carry on, in the adjacent area, petroleum exploration operations so specified in the course of the scientific investigation so specified.
125 Interference with other rights
A person carrying on operations in the adjacent area under a permit, lease, licence, pipeline licence, special prospecting authority, access authority or instrument of consent under section 124 shall carry on those operations in a manner that does not interfere with:(a) navigation,(b) fishing,(c) the conservation of the resources of the sea and sea-bed, or(d) any operations of another person being lawfully carried on by way of exploration for, recovery of or conveyance of a mineral, whether petroleum or not, or by way of construction or operation of a pipeline,to a greater extent than is necessary for the reasonable exercise of the rights and performance of the duties of that firstmentioned person.Maximum penalty: 100 penalty units.
(1) The Minister may, by instrument in writing, appoint a person to be an inspector for the purposes of this Act and the regulations.(2) The Minister may furnish to an inspector a certificate stating that the inspector is an inspector for the purposes of this Act and the regulations.(3) Where the appointment of a person under this section expires or is revoked, that person shall forthwith surrender the certificate furnished to the person under this section to the Minister or, if the Minister, by instrument in writing served on that person, specifies another person to whom the certificate is to be surrendered, to that other person.Maximum penalty: 5 penalty units.
(1) For the purposes of this Act and the regulations, an inspector, at all reasonable times and on production of the certificate furnished to the inspector under section 126:(a) shall have access to any part of the adjacent area and to any structure, ship, aircraft or building in that area that, in the inspector’s opinion, has been, is being or is to be used in connexion with petroleum exploration operations, operations for the recovery of petroleum or operations connected with the construction or operation of a pipeline in that area,(b) may inspect and test any equipment that, in his opinion, has been, is being or is to be used in that area in connexion with any of those operations, and(c) may enter any structure, ship, aircraft, building or place in that area or in New South Wales, in which, in his opinion, there are any documents relating to any of those operations and may inspect, take extracts from and make copies of any of those documents.(2) A person who is the occupier or person in charge of any building, structure or place, or is the person in charge of any ship, aircraft or equipment referred to in subsection (1), shall provide an inspector with all reasonable facilities and assistance for the effective exercise of his powers under this section.(3) A person shall not, without reasonable excuse, obstruct or hinder an inspector in the exercise of his powers under this section.Maximum penalty: 50 penalty units.
Subject to this Act, if petroleum is recovered by a permittee, lessee or licensee in the permit area, lease area or licence area:(a) the petroleum becomes the property of the permittee, lessee or licensee, and(b) it is not subject to any rights of other persons (other than any person to whom the permittee, lessee or licensee transfers, assigns or otherwise disposes of the petroleum or an interest in the petroleum).
129 Certain payments to be made by State to Commonwealth
(1) The Treasurer shall, not later than the last day of each month of the year, pay to the Commonwealth amounts ascertained in accordance with the formula:
where:A is the amount of royalty payable under this Act, together with the amount, if any, payable under this Act by reason of late payment of that royalty, by a permittee, lessee or licensee in respect of petroleum recovered in the adjacent area under the permit, lease or licence and received by the Minister during the preceding month, and
B is the percentage rate at which royalty is payable under this Act by the permittee, lessee or licensee in respect of that petroleum.
(2) The Consolidated Fund is appropriated to the extent necessary for the purposes of this section.
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130 Determination to be disregarded in certain cases
Where a determination has been made by the Minister under section 144 in relation to a well, that determination shall be disregarded in ascertaining the value of B for the purposes of section 129.
(1) Where an offence is committed by a person by reason of the person’s failure to comply, within the period specified in a direction given to the person under this Act or the regulations, with the requirements specified in the direction, the offence, for the purposes of Subsection (3), shall be deemed to continue so long as any requirement specified in the direction remains undone, notwithstanding that the period has elapsed.(2) Where an offence is committed by a person by reason of the person’s failure to comply with a requirement made by this Act or the regulations, the offence, for the purposes of subsection (3), shall be deemed to continue so long as that failure continues, notwithstanding that any period within which the requirement was to be complied with has elapsed.(3) Where, under either subsection (1) or (2), an offence is to be deemed to continue, the person who committed the offence commits an additional offence against this Act on each day during which the offence is to be deemed to continue and is liable, upon conviction for such an additional offence, to a penalty not exceeding 100 penalty units.
(1) In this section:(a) a reference to an offence against this Act shall be read as including a reference to an offence against the Regulations, and(b) a reference to a prescribed offence shall be read as a reference to an offence against this Act the maximum monetary penalty in respect of which exceeds 50 penalty units, with or without a penalty of imprisonment.(2) Except as provided by subsections (3) and (3A), prescribed offences are punishable on indictment.(3) A court of summary jurisdiction may hear and determine proceedings for a prescribed offence (other than an offence under section 120) summarily if the court is satisfied that it is appropriate to do so and the defendant and the prosecutor consent.(3A) Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 120.(4) Where, in accordance with subsection (3) or (3A), a court of summary jurisdiction convicts a person of a prescribed offence, the penalty that the court may impose in respect of the offence is:(a) where the penalty in respect of the offence includes a term of imprisonment—a fine not exceeding 50 penalty units or imprisonment for a period not exceeding 2 years, or both, or(b) where the penalty in respect of the offence does not include a term of imprisonment—a fine not exceeding 50 penalty units or the maximum penalty provided by this Act or the Regulations in respect of the offence, whichever is the less.(5) An offence against this Act, other than a prescribed offence, is punishable summarily.
133 Orders for forfeiture in respect of certain offences
(1) Where a person is convicted by the Supreme Court of an offence against section 20, 40 or 61, the Court may, in addition to imposing a penalty, make 1 or more of the following orders:(a) an order for the forfeiture of a specified aircraft or vessel used in the commission of the offence,(b) an order for the forfeiture of specified equipment used in the commission of the offence, and(c) an order:(i) for the forfeiture of specified petroleum recovered, or conveyed through a pipeline, as the case may be, in the course of the commission of the offence,(ii) for the payment by that person to the Crown of an amount equal to the proceeds of the sale of specified petroleum so recovered or conveyed, or(iii) for the payment by that person to the Crown of an amount equal to the value at the well-head, assessed by the Court, of the quantity, so assessed, of petroleum so recovered or conveyed or for the payment of such part of that amount as the Court, having regard to all the circumstances, thinks fit.(2) Where the Court is satisfied that an order made under subsection (1) (c) (i) cannot, for any reason, be enforced, the Court may, upon the application of the person by whom the proceedings were brought, set aside the order and make either of the orders referred to in subsection (1) (c) (ii) or (iii).(3) The Court may, before making an order under this section, require notice to be given to, and hear, such persons as the Court thinks fit.(4) Goods in respect of which an order is made under this section shall be dealt with as the Attorney General directs and, pending his direction, may be detained in such custody as the Court directs.
134 Time for bringing proceedings for offences
Proceedings in respect of an offence against this Act (being an offence arising under this Part) or the regulations may be brought at any time.
(1) All courts shall take judicial notice of the signature of a person who is, or has been, the Minister or a delegate of the Minister and of the fact that that person is, or has been, the Minister or a delegate of the Minister.(2) In this section, court includes all persons authorized by the law of New South Wales or by consent of parties to receive evidence.
(1) A document required or permitted by this Act to be served on a person other than the Minister or a corporation shall be served:(a) by delivering the document to that person personally,(b) by prepaying and posting the document as a letter addressed to that person at the person’s last known place of residence or business or, if the person is carrying on business at 2 or more places, at 1 of those places,(c) by leaving the document at the last known place of residence of that person with some person apparently a resident of that place and apparently not less than 16 years of age, or(d) by leaving the document at the last known place of business of that person or, if the person is carrying on business at 2 or more places, at 1 of those places, with some person apparently in the service of that person and apparently not less than 16 years of age.(2) A document required or permitted by this Act to be served on the Minister shall be served:(a) by prepaying and posting the document as a letter addressed to the Minister at a place of business of the Minister, or(b) by leaving it at a place of business of the Minister with some person apparently employed in connexion with the business of the Minister and apparently not less than 16 years of age.(3) A document required by this Act to be served on a person, being a corporation, shall be served:(a) by prepaying and posting the document as a letter addressed to the corporation at its last known place of business or, if it is carrying on business at 2 or more places, at 1 of those places, or(b) by leaving it at that place, or at 1 of those places, with some person apparently in the service of the corporation and apparently not less than 16 years of age.(4) Where a document required by this Act to be served is posted as a letter in accordance with this section, service shall, unless the contrary is proved, be deemed to have been effected at the time at which the letter would have been delivered in the ordinary course of post.(5) Where there are 2 or more registered holders of a title or special prospecting authority, those registered holders may, by notice in writing signed by each of them and served on the Minister, nominate one of the registered holders as being the person on whom documents relating to the title or special prospecting authority that are required or permitted by this Act to be served may be served.(6) Subject to subsections (7) and (8), where:(a) a document relating to a title or special prospecting authority is required or permitted by this Act to be served on the registered holder,(b) there are 2 or more registered holders of the title or special prospecting authority, and(c) the document is served on a person in respect of whom a nomination under subsection (5) is in force in relation to the title or special prospecting authority,the document shall be deemed to have been served on each of those registered holders.(7) Where:(a) a person has been nominated under subsection (5) in relation to a title or special prospecting authority, and(b) one of the registered holders of the title or special prospecting authority, by notice in writing served on the Minister, revokes that nomination,that nomination ceases to be in force.(8) Where:(a) a person has been nominated under subsection (5) in relation to a title or special prospecting authority, and(b) the person so nominated ceases to be one of the registered holders of the title or special prospecting authority,that nomination ceases to be in force.(9) In this section:title means a permit, lease, licence, pipeline licence or access authority.