Commonwealth Numbered Acts

MINERALS (SUBMERGED LANDS) ACT 1981 No. 81, 1981 - SECT 3

3. (1) In this Act, unless the contrary intention appears -



"adjacent area" means an adjacent area in respect of a State or Territory
referred to in section 4 and "the adjacent area" means the adjacent area in
respect of the State or Territory concerned;



"applied provisions" means -

   (a)  in relation to a State - the provisions applied in accordance with
        section 14; and

   (b)  in relation to a Territory - the laws and instruments applied in
        accordance with section 16;



"approved" means approved by the Designated Authority;



"associated Act" means -

   (a)  the Minerals (Submerged Lands) (Exploration Permit Fees) Act 1981;

   (b)  the Minerals (Submerged Lands) (Production Licence Fees) Act 1981;

   (c)  the Minerals (Submerged Lands) (Registration Fees) Act 1981;

   (d)  the Minerals (Submerged Lands) (Royalty) Act 1981; or

   (e)  the Minerals (Submerged Lands) (Works Authority Fees) Act 1981;



"block" means a block constituted as provided by section 21 or 98;



"Commonwealth Minister" means the Minister for the time being administering
this Act, and includes another Minister for the time being acting for and on
behalf of that Minister;



"continental shelf" means the continental shelf, within the meaning of the
Convention, adjacent to the coast of Australia (including the coast of any
island forming part of a State or Territory) or of a Territory;



"Convention" means the Convention entitled "Convention on the Continental
Shelf" signed at Geneva on 29 April 1958;



"Designated Authority", in relation to -

   (a)  an act, matter, circumstance or thing touching, concerning, arising
        out of or connected with -

        (i)    the exploration of the sea-bed or subsoil of an adjacent area,
               or of part of an adjacent area, for minerals; or

        (ii)   the exploitation of the natural resources, being minerals, of
               that sea-bed or subsoil; or

   (b)  minerals recovered in an adjacent area, means the Designated Authority
        in respect of that adjacent area;



"document" includes any map, book, record or writing;



"graticular section" means a section referred to in section 21;



"inspector" means a person appointed under section 80;



"Joint Authority", in relation to -

   (a)  an act, matter, circumstance or thing touching, concerning, arising
        out of or connected with -

        (i)    the exploration of the sea-bed or subsoil of an adjacent area,
               or of part of an adjacent area, for minerals; or

        (ii)   the exploitation of the natural resources, being minerals, of
               that sea-bed or subsoil; or

   (b)  minerals recovered in an adjacent area, means the Joint Authority
        established by this Act in respect of that adjacent area;



"licence" means a production licence under Part IV;



"licence area" means the blocks that are the subject of a licence;



"licensee" means the registered holder of a licence;



"mineral" means a naturally occurring substance or mixture of substances that
may be recovered from the sea-bed or subsoil in an adjacent area and, without
limiting the generality of the foregoing, includes sand, gravel, clay,
limestone, rock, evaporates, shale, oil-shale and coal, but does not include
petroleum;



"natural resources" has the same meaning as in the Convention;



"Northern Territory Minister" means the Minister of the Northern Territory who
is for the time being authorized under the law of the Northern Territory to
perform the functions of a Designated Authority under this Act;



"permit" means an exploration permit under Part IV;



"permit area" means the blocks that are the subject of a permit;



"permittee" means the registered holder of a permit;



"petroleum" means -

   (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 1 or more hydrocarbons, whether in
        a gaseous, liquid or solid state, and 1 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) that
        has been returned to a natural reservoir in an adjacent area;



"Register" means a Register kept in pursuance of Division 5 of Part IV and

"the Register", in relation to the Designated Authority in respect of an
adjacent area, means the Register so kept by that Designated Authority;



"registered holder", in relation to a permit, licence or works authority,
means the person whose name is for the time being shown in the Register as
that of the holder of the permit, licence or works authority;



"Registration Fees Act" means the Minerals (Submerged Lands) (Registration 
Fees) Act 1981 ;

"relevant licence", in relation to a works authority, means the licence that
is the relevant licence in relation to that works authority for the purposes
of sub-section 39 (1);



"relevant permit", in relation to a works authority, means the permit that is
the relevant permit in relation to that works authority for the purposes of
sub-section 39 (1);



"Royalty Act" means the Minerals (Submerged Lands) (Royalty) Act 1981;



"State Minister", in relation to a State, means the Minister of the State who
is for the time being authorized under the law of the State to perform the
functions of a Designated Authority under this Act;



"Territory" means Territory in which this Act applies or to which this Act
extends;



"vessel" means a vessel used in navigation, other than air navigation, and
includes a barge, lighter or other floating vessel;



"works authority" means a works authority under Part IV.

(2) In this Act, a reference to the term of a permit, licence or works
authority is a reference to the period during which the permit, licence or
works authority remains in force and a reference to the date of expiration of
a permit, licence or works authority is a reference to the day on which the
permit, licence or works authority ceases to have effect.

(3) In this Act, a reference to a year of the term of a permit, licence or
works authority is a reference to a period of 1 year commencing on the date
from and including which the permit, licence or works authority, as the case
may be, has effect or on any anniversary of that date.

(4) In this Act, a reference to the renewal, or to the grant of a renewal, of
a permit is a reference to the grant of a permit in respect of some of the
blocks specified in the first-mentioned permit to commence on the day after
the date of expiration of the first-mentioned permit or on the day after the
date of expiration of the permit granted upon a previous renewal of the
first-mentioned permit.

(5) In this Act, a reference to the renewal, or to the grant of a renewal, of
a licence in respect of the blocks specified in the licence is a reference to
the grant of a licence in respect of those blocks to commence on the day after
the date of expiration of the first-mentioned licence or on the day after the
date of expiration of the licence granted upon a previous renewal of the
first-mentioned licence.

(6) In this Act, a reference to a permit, licence or works authority is a
reference to the permit, licence or works authority as varied for the time
being under this Act.

(7) In this Act, a reference to a block includes a reference to the subsoil
beneath the block.

(8) For the purposes of this Act, a person who has recovered any material from
which minerals may be obtained shall be deemed to have recovered those
minerals.