Contents (1991 - 84)
Petroleum (Onshore) Act 1991 No 84
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Definitions
3A Notes
4 Graticulation of the Earth’s surface
5 Points to be ascertained by reference to Geocentric Datum of Australia

Part 2 Rights of the Crown as to petroleum, helium and carbon dioxide

6 These substances are the property of the Crown
7 Offence of prospecting or mining without authority

Part 3 Petroleum titles

Division 1 Provisions relating to titles generally

8 Invitation of applications
9 Grant of petroleum titles
10 Applications to relate to one area only
11 Making of applications for petroleum titles
12 Fee for processing applications
13 Applications to be supported by plans
14 Applications to be supported by proposed work program
15 Applications to be supported by evidence of financial standing
16 Security required to be given
16A Forfeiture of security
17 Form of titles
18 Title to nominee
19 Renewal of title
19A Withdrawal of application for grant or renewal of petroleum title
20 Continuation of title pending renewal
20A Waiver of minor procedural matters
21 Grounds on which application may be refused
22 Cancellation or operational suspension of titles
23 Conditions of titles
24 Suspension of conditions of petroleum title
25 Limitation on challenges to validity of titles
26 Title taken to be personal property
27 Discovery of petroleum to be notified
28 Directions by Director-General on discovery of petroleum
28A Right to explore for natural reservoirs

Division 2 Exploration licences

29 Rights of holders of exploration licences
30 Area of exploration licence
31 Term of exploration licence
32 Direction to holder of exploration licence to apply for lease

Division 3 Assessment leases

33 Rights of holders of assessment leases
34 Area of assessment lease
35 Term of petroleum assessment lease
36 Notice to be given of application for assessment lease
37 Direction to holder of assessment lease to apply for production lease

Division 4 Special prospecting authorities

38 Rights of holders of special prospecting authorities
39 Area of special prospecting authority
40 Term of special prospecting authority

Division 5 Production leases

41 Rights of holders of production leases
42 Grant of production lease
43 Notice of application for production lease to be published
44 Area of production lease
45 Term of production lease

Division 6 Low-impact prospecting titles—special provisions

45A Object of Division
45B Special low-impact class of prospecting title
45C Authority conferred by low-impact prospecting title
45D Provisions relating to applications for low-impact prospecting titles
45E Change of class of prospecting title—additional prospecting operations
45F Access arrangement required for prospecting operations under low-impact prospecting titles
45G Renewal of low-impact prospecting titles

Part 4 Consent of other government authorities

Division 1 Titles other than production leases

46 (Repealed)
47 Application of epis

Division 2 Objections by government agencies to granting of production leases

48 Application of this Division to Government bodies where development consent etc not required
49 Notice of application for production lease to be sent to Government Departments
50 Notice to be sent to Director of Planning
51 Objection to grant of production lease
52 Resolution of objections
53 Grant of production lease after objection or proposal
54 Power to refuse grant of title not affected

Division 3 Objections by local councils to granting of production leases

54A Division applies only where development consent etc not required
55 Definitions
56 Notice of application to be sent to councils in certain cases
57 Objection by council
58 Consideration of objection
59 Granting of petroleum title after objection or proposal
60 Consent still required for certain works
61 Power to refuse grant of title not affected

Division 4 Development consents under the Environmental Planning and Assessment Act 1979

62 Definitions
63 (Repealed)
64 Consent of landowner not necessary in application required by this Division
65, 66 (Repealed)
67 Development consent under Environmental Planning and Assessment Act 1979
68 (Repealed)
69 Power to refuse grant of title not affected

Part 4A Access arrangements for prospecting titles

69A Application of Part
69B Arbitration Panel
69C Prospecting to be carried out in accordance with access arrangement
69D Matters for which access arrangement to provide
69E Holder of prospecting title to seek access arrangement
69F Appointment of arbitrator by agreement
69G Appointment of arbitrator in default of agreement
69H Arbitration
69I Right of appearance
69J Conciliation
69K Procedure
69L Interim determination by arbitrator
69M Further arbitration
69N Final determination by arbitrator
69O Costs
69P Withdrawal from arbitration
69Q Liability
69R Review of determination
69S Effect of access arrangement
69T Variation of access arrangements
69U Duration of access arrangements

Part 5 Restrictions on titles

70 Exempted areas
71 Restrictions on rights of holders of leases over cultivated land
72 Restrictions on rights of holders of titles over other land
73 Disputes between holders of petroleum titles and other persons carrying on operations on the land

Part 6 Protection of the environment

Division 1 Environment to be considered before grant of petroleum titles

74 Need to protect natural resources etc to be taken into account

Division 2 Conditions for protecting the environment

75 Inclusion of conditions for protecting the environment
76 Rehabilitation etc of area damaged by operations

Division 3 Directions to rehabilitate land

77 Direction to comply with conditions of petroleum title
78 Rehabilitation by Minister at holder’s expense
79 Recovery of costs of rehabilitation

Division 4 Directions to remove petroleum plant

80 Application of Division
81 Definitions
82 Clearing away of petroleum plant
83 Sale of petroleum plant

Part 7 Royalties and fees

84 Royalty periods
85 Royalty
86 Reduction of royalty in certain cases
87 Royalty not payable in certain cases
88 Ascertainment of well-head
89 Ascertainment of value
90 Ascertainment of quantity of petroleum recovered
91 Payment of royalty
92 Penalty for late payment
93 Title fees
94 Recovery of royalties, fees and penalties

Part 8 Registration of titles and dealings

95 Records of titles
96 Applications for transfer of title
96A Registration of transfers
96B Caveats
97 Registration of certain interests

Part 9 Inspection and control

98 Inspection of land, accounts etc
99 Survey
100 Sampling
101 Notice to landholder
102 Compensation for damage
103 Residential premises
104 Search warrant

Part 10 Easements and rights of way

105 Easements and rights of way over lands under petroleum title
106 Rights of way over land

Part 11 Compensation

107 Compensation
108 Parties to agree as to compensation
109 Measure of compensation
110 Manner of assessment
111 Additional assessment
112 Appeals from assessments
112A Native title compensation payable by holders of petroleum titles

Part 12 Administration

113 Officers
114 (Repealed)
115 Jurisdiction of Land and Environment Court
116 (Repealed)

Part 13 Release of information

117 Definitions
118 Release of certain data
119 Release of samples
120 Release of assessments
121 Invitation of objections to release of assessments
122 Objector to state ground
123 Who may object
124 Consideration of objections
125 Information to be otherwise confidential

Part 14 Miscellaneous

126 Delegation of functions by Minister
126A Delegation of functions by Director-General
127 Minister or officer not to be interested in petroleum title
128 Work practices
129 Notice to be given of cause of danger
130 Saving of powers to dispose of land
131 Records to be furnished
132 Samples of strata, petroleum and water
133 Furnishing of statistics, returns etc
134 Service of documents
134A Service of documents on native title holders
134B Consents of landholders
135 False returns
136 Other offences
136A Contravention of conditions of title
137 Proceedings for offences
137A Penalty notices for offences under section 136A
138 Regulations
138A Minister to determine certain fees
138B References to certain officers in petroleum titles
139 Repeals
140 Savings and transitional provisions
141 (Repealed)

 Schedule 1 Savings and transitional provisions

Historical notes