Commonwealth Numbered Acts

OFFSHORE MINERALS ACT 1994 No. 28, 1994 - SECT 4

4. In this Act, unless the contrary intention appears:

"approved" means approved by the Designated Authority under section 41;

"associate" has the meaning given by subsection 26(1);

"associated agent of a holder" has the meaning given by subsection 26(3);

"associated agent of an associated contractor" has the meaning given by
subsection 26(4);

"associated contractor" has the meaning given by subsection 26(2);

"associated document file" means an associated document file kept for the
purposes of Part 3.1;

"associated employee of an associated contractor" has the meaning given by
subsection 26(6);

"associated employee of a holder" has the meaning given by subsection 26(5) ;

"associated revenue Act" means:

   (a)  the Exploration Licence Fees Act; or

   (b)  the Mining Licence Fees Act; or

   (c)  the Retention Licence Fees Act; or

   (d)  the Works Licence Fees Act; or

   (e)  the Registration Fees Act; or

   (f)  the Royalty Act; or

   (g)  the Exploration Licence User Charge Act; or

   (h)  the Retention Licence User Charge Act;

"block" means a portion of an offshore area constituted according to section
17;

"caveat" on a licence means a caveat against:

   (a)  the registration of dealings in relation to the licence; or

   (b)  the registration of a person as a holder of the licence under section
        340;

"coastal waters" of a State has the meaning given by section 16;

"Commonwealth Minister" means a Minister of State for the Commonwealth;

"Commonwealth-State offshore area" has the meaning given by section 13;

"compliance direction" means a direction under section 387 or 392;

"compliance inspection" has the meaning given by section 377;

"confidential information" has the meaning given by section 27;

"confidential sample" has the meaning given by section 28;

"consent area" means the block or blocks specified in a special purpose
consent;

"Continental Shelf" means the continental shelf of Australia within the
meaning of the Seas and Submerged Lands Act 1973;

"dealing" in a licence means a transaction that creates, transfers, affects or
otherwise deals with an interest in the licence and includes:

   (a)  a transfer of the licence; and

   (b)  a transfer of a share in a licence;

"Designated Authority" has the meaning given by section 29; Note: If this Act
confers a power or function on a Designated Authority generally, that power
can be exercised, and that function can be performed, as provided by section
30.

"discrete area" has the meaning given by section 21;

"exploration" has the meaning given by section 23;

"Exploration Licence Fees Act" means the Offshore Minerals (Exploration
Licence Fees) Act 1981 ;

"Exploration Licence User Charge Act" means the Offshore Minerals (Exploration
Licence User Charge) Act 1994;

"external territory" means an external territory to which this Act extends
under section 36;

"external territory offshore area" has the meaning given by section 14;

"Fees Act" means:

   (a)  when used in relation to an exploration licence-the Offshore Minerals
        (Exploration Licence Fees) Act 1981; and

   (b)  when used in relation to a retention licence-the Offshore Minerals
        (Retention Licence Fees) Act 1994; and

   (c)  when used in relation to a mining licence-the Offshore Minerals
        (Mining Licence Fees) Act 1981; and

   (d)  when used in relation to a works licence-the Offshore Minerals (Works
        Licence Fees) Act 1981; and includes regulations made under those
        Acts;

"Gazette" means:

   (a)  in relation to a Commonwealth-State offshore area-the Government
        Gazette of the State; or

   (b)  in relation to an external territory offshore area-the Commonwealth of
        Australia Gazette;

"holder" of a licence has the meaning given by subsection 25(1);

"hydrocarbon" means a hydrocarbon whether in a gaseous, liquid or solid state;

"inspector" means an inspector appointed under section 421;

"interest", in relation to a licence, includes:

   (a)  an equitable interest in the licence; and

   (b)  a security interest in the licence;

"Joint Authority" has the meaning given by section 32; Note: If this Act
confers a power or function on a Joint Authority generally, that power can be
exercised, and that function can be performed, as provided by section 33.

"licence" means:

   (a)  an exploration licence; or

   (b)  a retention licence; or

   (c)  a mining licence; or

   (d)  a works licence;

"licence area" means the block or blocks covered by a licence;

"mineral" has the meaning given by section 22;

"Mining Licence Fees Act" means the Offshore Minerals (Mining Licence Fees) 
Act 1981 ;

"native title" and "native title rights and interests" have the same meaning
as in the Native Title Act 1993;

"offshore area" means a Commonwealth-State offshore area or an external
territory offshore area;

"offshore exploration or mining activity" means:

   (a)  the exploration for minerals in an offshore area; or

   (b)  the recovery of minerals from an offshore area; or

   (c)  activities carried out in an offshore area under a works licence;

"offshore mining register" means a register kept for the purposes of Part 3.1;

"petroleum" means:

   (a)  a hydrocarbon or a mixture of hydrocarbons; or

   (b)  a mixture of one or more hydrocarbons and one or more of the
        following:

        (i)    hydrogen sulphide;

        (ii)   nitrogen;

        (iii)  helium;

        (iv)   carbon dioxide;

"primary payment period" for the provisional grant or provisional renewal of a
licence means the period of 30 days after the day on which the applicant is
given a written notice:

   (a)  in the case of the grant of an exploration licence-under section 66 or
        83; and

   (b)  in the case of the renewal of an exploration licence-under section
        110; and

   (c)  in the case of the grant of a retention licence-under section 147; and

   (d)  in the case of the renewal of a retention licence-under section 169;
        and

   (e)  in the case of the grant of a mining licence-under section 210 or 227;
        and

   (f)  in the case of the renewal of a mining licence-under section 246; and

   (g)  in the case of the grant of a works licence-under section 279; and

   (h)  in the case of the renewal of a works licence-under section 296;

"provisional holder" means a person who has been provisionally granted a
licence;

"recovery" has the meaning given by section 24;

"registered" means registered in an offshore mining register;

"Registration Fees Act" means the Offshore Minerals (Registration Fees) Act
1981 ;

"reserved block" is a block that is declared to be reserved under section 18;

"responsible Commonwealth Minister" means the Commonwealth Minister who is
responsible for the administration of this Act;

"responsible State Minister", for a State means the State Minister who is
authorised under a law of the State to perform the functions of a Designated
Authority under this Act;

"Retention Licence Fees Act" means the Offshore Minerals (Retention Licence
Fees) Act 1994 ;

"Retention Licence User Charge Act" means the Offshore Minerals (Retention
Licence User Charge) Act 1994;

"Royalty Act" means the Offshore Minerals (Royalty) Act 1981;

"sample" of the seabed or subsoil in an offshore area includes a core or
cutting from the seabed or subsoil in that area;

"secondary payment period" for the provisional grant or provisional renewal of
a licence means the period of 30 days after the day on which an extension of
the primary payment period for the grant or renewal concerned ends;

"share" in a licence has the meaning given by subsections 6(1), (2) and (3);

"special purpose consent" means a consent granted under Part 2.6;

"standard block" has the meaning given by section 19;

"State" has a meaning that is affected by the operation of section 5;

"State Minister" means:

   (a)  a Minister of State for a State; or

   (b)  a Minister of State for the Northern Territory;

"successor licence" to a licence has the meaning given by section 8; Note: See
section 15.

"surrender day" for an exploration licence means:

   (a)  the day on which the initial term of the licence ends; or

   (b)  a day on which the term of a renewal of the licence ends;

"tender block" has the meaning given by section 20;

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

"transfer":

   (a)  when used in relation to a licence-has the meaning given by subsection
        7(1); and

   (b)  when used in relation to a share in a licence-has the meaning given by
        subsections 7(2) and (3);

"vary" a licence condition includes revoke or suspend;

"Works Licence Fees Act" means the Offshore Minerals (Works Licence Fees) Act
1981 .