New South Wales Consolidated Acts

PETROLEUM (ONSHORE) ACT 1991 - SECT 138

138 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to prescribing any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular, for or with respect to:

(a) determining the dimensions, boundaries, form, position and extent of any land comprised or to be comprised in any petroleum title, their subsequent adjustment where necessary and the time when such a determination takes effect, and

(b) determining requirements to be complied with by persons who want to acquire petroleum titles, and

(c) providing for the registration and the mode of applying for and effecting the registration of petroleum titles, of the transfer or assignment of such titles or of any interest in them and of any instrument affecting the land comprised in a petroleum title or any part of any such land, and

(d) prescribing conditions or covenants subject to which any petroleum title is to be held, and the conditions on which exemption from the performance of any such covenants or conditions may be applied for, granted, and obtained, and, generally, for prescribing the manner in which and with what incidents, rights and obligations such titles are to be held, occupied, used, worked and enjoyed, and

(e) the prevention of nuisances in or about the land comprised in any petroleum title and for cleansing and keeping clean the same, and

(f) prescribing returns to be furnished by holders of petroleum titles of work done and petroleum obtained or any other products produced by any such holders, and

(g) prescribing additional matters for which fees are payable under this Act, including applications, surveys, exemptions from performance of conditions or covenants and for registration of transfers, assignments, subleases, tributes, option contracts, devolution of title or any other thing required or permitted by this Act or the regulations to be registered, and

(h) the treatment of water underground or at the surface and the prevention of waste or loss of water or petroleum or pollution of deposits of water or petroleum, and

(i) prescribing the drilling machinery, materials and casing which are to be used in operations under or pursuant to this Act, and

(j) regulating the separation, storage, transportation and utilisation of any of the products obtained pursuant to petroleum titles, and

(k) providing for the cessation in the prescribed circumstances of operations on land comprised in petroleum titles, and the precautions to be undertaken in regard to any operations on any such land, and

(l) regulating the spacing of oil wells, and

(m) ensuring that precautions are taken against flooding and providing methods to be adopted on abandonment of wells, and

(n) providing that drilling and other exploration operations are carried out with due diligence and by safe and satisfactory methods, and

(o) the recovery, purification and utilisation of helium or carbon dioxide and the course of action to be taken on the discovery of helium or carbon dioxide, and

(p) prescribing the technical and other reports to be furnished by the holders of petroleum titles, and

(q) regulating arbitrator’s costs under this Act and the procedure of any arbitration conducted under this Act.

(2) The regulations may provide for the adoption of any set of standards published by any person or body, and for the application of those standards, as in force for the time being, for any of the purposes of the regulations.

(3) The regulations may provide for the exemption of any person or class of persons from any requirement of this Act or the regulations.

(4) The regulations may create offences punishable by a penalty not exceeding 100 penalty units.