New South Wales Consolidated Acts

PETROLEUM (ONSHORE) ACT 1991

- As at 16 December 2011
- Act 84 of 1991

TABLE OF PROVISIONS

           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
   69EA.   Notice to mortgagees of access arrangements
   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.    Change in landholders etc

   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.    General immunity of landholders
           SCHEDULE 1