Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Aboriginal land" has the same meaning as in the Land Rights Act.
"access authority" means an access authority granted or renewed under this Act.
"access authority area" means the area constituted by the blocks that are the subject of an access authority.
"affected land" means land comprised in, or proposed to be comprised in, a petroleum interest.
"aggrieved person", for Part II, Division 6, means an applicant, permittee or licensee who is dissatisfied with a determination mentioned in section 57AB(1).
alternative provision area has the meaning given in section 43A(2) of the Native Title Act.
"applicant", in relation to an application for an exploration permit or licence, means a person who has applied for the exploration permit or licence.
"application area", in relation to an application for an exploration permit or licence, means the area the subject of the application.
"approved" means approved, in writing, by the Minister.
approved determination of native title has the meaning given in section 253 of the Native Title Act.
"block" means so much of a graticular section as is within the jurisdiction of the Territory and includes a part of a block.
"by notice" means by notice in writing.
"datum" means a reference frame for defining geographic
co-ordinates.
"designated number", in relation to a block, means the identifying number assigned under section 8(2) to the graticular section or part of the graticular section which constitutes the block.
"document" means:
(a) any paper, parchment or other material used for writing or printing, marked with matter capable of being read;
(b) a photograph, or photographic negative, plate, slide, film, microfilm or microfiche, or a photostatic negative;
(c) a disc, tape, wire, sound track, card or other material or device in or on which information, sound or other data is recorded, stored or embodied so as to be capable, with or without the aid of some other equipment, of being reproduced therefrom; or
(d) any material derived, whether directly or by means of equipment, from information recorded or stored or processed by a device used for recording or storing or processing information.
"exploration permit" means:
(a) an exploration permit granted or renewed under Part II, Division 2; or
(b) a permit granted or renewed under Part II, Division 2 of this Act as in force before the commencement of the Petroleum Amendment Act 2002 .
"exploration permit area" means the area constituted by the blocks that are the subject of an exploration permit.
future act has the meaning given in section 233 of the Native Title Act.
"geographic co-ordinate" includes:
(a) a meridian of longitude by itself; and
(b) a parallel of latitude by itself.
Note
If the position on the surface of the Earth of a particular point is identified by a co-ordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different co-ordinate.
"good oilfield practice", in relation to the exploration for, or operations for the recovery of, petroleum, means all those practices and procedures that are generally accepted as good and safe in the carrying on of that exploration or those operations, as the case may be.
"graticular section" means a section referred to in section 8(1).
"inspector" means a person appointed as an inspector under section 87.
"land" means land within the jurisdictional limits of the Territory and includes waters within those limits other than waters to which the Petroleum (Submerged Lands) Act applies.
"Land Council" has the same meaning as in the Land Rights Act.
"Land Rights Act" means the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth.
"licence" means a retention licence or a production licence.
"licence area" means the area constituted by the blocks that are the subject of a licence.
"licensee" means a production licensee or a retention licensee.
native title and native title rights and interests have the meaning given in section 223 of the Native Title Act.
"Native Title Act" means the Native Title Act 1993 of the Commonwealth.
native title holder has the meaning given in section 224 of the Native Title Act.
"native title objection" means an objection to a prescribed petroleum act so far as it affects the registered native title rights and interests of a registered native title claimant or registered native title body corporate that is lodged in accordance with section 19 or 57F by that claimant or body.
Native Title Registrar has the meaning given in section 253 of the Native Title Act.
onshore place has the meaning given in section 253 of the Native Title Act.
"owner", in relation to land, means the owner of an estate or interest in the land, but does not include a person whose interest or claimed interest in the land cannot be identified by or as a result of an examination of the Register kept by the Registrar-General under Part 3 of the Land Title Act .
"panel", for Part II, Division 6, means a panel appointed under section 57AC(1) to conduct a review of a determination mentioned in section 57AB(1).
"park or reserve" means a park or reserve within the meaning of the Territory Parks and Wildlife Conservation Act or land declared under section 9(4) of that Act to be a park or reserve for the purposes of this Act.
"permit" means an exploration permit.
"permit area" means an exploration permit area.
"permittee" means a person who is registered under Part IV as a holder of an exploration permit.
"petroleum" means:
(a) a naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state;
(b) a naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
(c) a naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, with hydrogen sulphide, nitrogen, helium or carbon dioxide or any combination of them,
and includes a hydrocarbon as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir, but does not include a substance which, in its naturally occurring state, is not recoverable from a well by conventional means.
"petroleum interest" means an exploration permit, retention licence, production licence or access authority.
"petroleum pool" means a naturally occurring discrete accumulation of petroleum.
prescribed petroleum act has the meaning given in section 57B.
previous exclusive possession act has the meaning given in section 3A of the Validation (Native Title) Act .
"private land" means land that is:
(a) alienated from the Crown for an estate of freehold;
(b) the subject of a conditional purchase agreement; or
(c) the subject of a lease or concession, with or without a right of acquiring the fee simple, other than a lease or concession for pastoral or timber purposes,
but does not include:
(d) Aboriginal land;
(e) land held for an estate in fee simple, or in a lease from the Crown, by the Conservation Land Corporation established by section 27 of the Parks and Wildlife Commission Act ; or
(f) land held or occupied for purposes under the Mineral Titles Act , this Act or the repealed Act.
"production licence" means a production licence granted or renewed under Division 4 of Part II.
"production licence area" means the area constituted by the blocks that are the subject of a production licence.
"production licensee" means a person who is registered under Part IV as the holder of a production licence.
"Register" means the Register kept in pursuance of section 90(2).
"Register of Native Title Claims" means the Register of Native Title Claims established and maintained in accordance with Part 7 of the Native Title Act.
registered native title body corporate has the meaning given in section 253 of the Native Title Act .
registered native title claimant has the meaning given in section 253 of the Native Title Act or, if the claimant is replaced under section 66B of that Act, means the person who replaced the claimant.
registered native title rights and interests means:
(a) in relation to a registered native title claimant – the native title rights and interests of the claimant described in the relevant entry on the Register of Native Title Claims; and
(b) in relation to a registered native title body corporate – the native title rights and interests of the body corporate described in the relevant entry on the National Native Title Register established and maintained under Part 8 of the Native Title Act .
"Registrar" means the person appointed under section 90(1) as Registrar.
"repealed Act" means the Acts repealed by section 3, as in force immediately before that repeal.
representative Aboriginal/Torres Strait Islander body has the meaning given in section 253 of the Native Title Act .
"restricted area" means an area which is the subject of a declaration under section 57.
"retention licence" means a retention licence granted or renewed under Division 3 of Part II.
"retention licence area" means the area constituted by the blocks that are the subject of a retention licence.
"retention licensee" means a person who is registered under Part IV as a holder of a retention licence.
"this Act" includes the Regulations.
"Tribunal" means the Lands, Planning and Mining Tribunal established by the Lands, Planning and Mining Tribunal Act .
"well" means a hole in the surface of land or the sea-bed made by drilling, boring or other means in connection with the exploration for, or operations for the recovery of, petroleum but does not include a seismic shot hole.
"wilderness zone" means a wilderness zone declared under section 12 of the Territory Parks and Wildlife Conservation Act .
(2) In this Act, a reference to the term of an exploration permit or licence is a reference to the period during which the permit or licence remains in force and a reference to the date of expiration of an exploration permit or licence is a reference to the day on the expiration of which the permit or licence ceases to have effect.
(3) In this Act, a reference to a year of the term of an exploration permit or licence is a reference to a period of one year commencing on the date from and including which the permit or licence has effect or on any anniversary of that date.
(4) In this Act, a reference to the renewal of an exploration permit is a reference to the renewal, under section 25, of the permit in relation to 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 upon a previous renewal of the first-mentioned permit.
(5) In this Act, a reference to the renewal of a licence in respect of the blocks specified in the licence is a reference to the renewal:
(a) in the case of a retention licence, under section 38; and
(b) in the case of a production licence, under section 52,
of the licence in respect of some or all 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 upon a previous renewal of the first-mentioned licence.
(6) In this Act, a reference to an exploration permit or licence is a reference to the permit or licence as varied from time to time under this Act.
(7) For the avoidance of doubt, an exploration permit, licence or other document or instrument granted or issued under this Act is an instrument of a legislative or administrative character for the purposes of the Interpretation Act .