Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act:
"access authority" means an access authority under Part II.
"adjacent area" means, subject to subsection (2), so much of the area the boundary of which is described in Schedule 3 as is part of the territorial sea of Australia, including the territorial sea adjacent to any island forming part of the Territory, and includes, subject to subsection (3), an area which:
(a) is within the area the boundary of which is described in Schedule 3;
(b) is seaward of the coastline of the Territory at mean low water and landward of the inner limit of the territorial sea of Australia; and
(c) was, immediately before the commencement of this Act, the subject of an exploration permit for petroleum subsisting under the Commonwealth Act.
"application for a primary licence" means an application under section 40(1) or (2) or 40A(2) or (3).
"application for a secondary licence" means an application under section 40(3) or 40A(3).
"approved" means approved by the Minister.
"block" means a block constituted as provided by section 17.
"Commonwealth Act" means:
(a) the Petroleum (Submerged Lands) Act 1967 of the Commonwealth, as amended from time to time; or
(b) if the Petroleum (Submerged Lands) Act 1967 of the Commonwealth is repealed and re-enacted (with or without modification) – the Act of the Commonwealth that re-enacts it, as amended from time to time.
"Commonwealth Minister" means the Minister of the Crown in right of the Commonwealth for the time being administering the Commonwealth Act.
"construct" includes place and "construction" has a corresponding meaning.
"continental shelf" means the continental shelf, within the meaning of the Seas and Submerged Lands Act 1973 of the Commonwealth, adjacent to the coast of Australia (including the coast of any island forming part of a State or Territory) or of a Territory to which the Commonwealth Act applies or extends.
"corresponding law" means an Act of another State or a law in force in a Territory of the Commonwealth giving effect to the agreement between the Governments of the Commonwealth, the States and the Northern Territory referred to in the preamble to this Act.
"datum" means a reference frame for defining geographic
co-ordinates.
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.
"document" includes any map, book, record or writing.
"geographic co-ordinate" includes:
(a) a meridian of longitude by itself; and
(b) a parallel of latitude by itself.
"good oilfield practice" means all those things that are generally accepted as good and safe in the carrying on of exploration for petroleum or, in operations for the recovery of petroleum, as the case may be.
"graticular section" means a section referred to in section 17.
"inspector" means a person appointed as an inspector under section 125.
"interstate Minister" means the Minister of the Crown in right of a State administering the corresponding law of that State.
"Joint Authority" means the Commonwealth-Northern Territory Offshore Petroleum Joint Authority (also known as the Commonwealth-Northern Territory Off-shore Petroleum Joint Authority) established by the Commonwealth Act.
"lease" means a retention lease under Division 2A of Part II.
"lease area" means the area constituted by the blocks that are the subject of a lease.
"lessee" means the registered holder of a lease.
"licence" means a production licence for petroleum granted under Part II.
"licence area" means the area constituted by the blocks that are the subject of a licence.
"licensee" means the registered holder of a licence.
listed OHS laws has the meaning in section 153.
"location" means a block or blocks in respect of which a declaration under section 37 is in force.
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.
"natural resources" has the same meaning as in paragraph 4 of Article 77 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.
offshore place has the meaning given in section 253 of the Native Title Act.
"OHS inspector" means an OHS inspector appointed under the Commonwealth Act.
"partly cancelled" means:
(a) in relation to a permit or licence – cancelled as to one or more but not all of the blocks the subject of the permit or licence; and
(b) in relation to a pipeline licence – cancelled as to a part of the pipeline the subject of the licence.
"partly determined", in relation to a permit or lease, means determined as to one or more but not all of the blocks the subject of the permit or lease.
"permit" means an exploration permit for petroleum granted under Part II.
"permit area" means the area constituted by 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 one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following: namely, 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.
"petroleum pool" means a naturally occurring discrete accumulation of petroleum.
"pipeline" means a pipe or system of pipes in an adjacent area for conveying petroleum but does not include a pipe or system of pipes:
(a) for returning petroleum to a natural reservoir;
(b) for conveying petroleum for use for the purposes of petroleum exploration operations or operations for the recovery of petroleum;
(c) for conveying petroleum that is to be flared or vented; or
(d) for conveying petroleum from a well to a terminal station without passing through another terminal station, whether the terminal station to which the petroleum is conveyed is in the adjacent area or not.
"pipeline licence" means a licence granted under Part II to construct and operate a pipeline.
"pipeline licensee" means the registered holder of a pipeline licence.
"primary entitlement" means:
(a) in relation to a permittee – the number of blocks forming part of a location in the permit area in respect of which that permittee may make an application under section 40(1); and
(b) in relation to a lessee – the number of blocks in the lease area in respect of which that lessee may make an application under section 40A(2).
"primary licence" means a licence granted on an application made under section 40(1) or (2).
"pumping station" means equipment for pumping petroleum or water and includes any structure associated with that equipment.
"register" means the register kept in pursuance of Division 5 of Part II.
"registered holder", in relation to a permit, lease, licence, pipeline licence, special prospecting authority or access authority, means the person whose name is for the time being shown in the register as being the holder of the permit, lease, licence, pipeline licence, special prospecting authority or access authority.
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 established and maintained in accordance with Part 7 of the Native Title Act; 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 .
"relinquished area" means:
(a) in relation to a permit, lease or licence that has expired – the area constituted by the blocks in respect of which the permit, lease or licence was in force but has not been renewed;
(b) in relation to a permit or lease that has been wholly determined or partly determined – the area constituted by the blocks as to which the permit or lease was so determined;
(c) in relation to a permit or licence that has been wholly cancelled or partly cancelled – the area constituted by the blocks as to which the permit or licence was so cancelled;
(ca) in relation to a lease that has been wholly cancelled – the area constituted by the blocks in respect of which the lease was in force;
(d) in relation to a pipeline licence that is no longer in force – the part of the adjacent area in which the pipeline was constructed;
(e) in relation to a pipeline licence that has been wholly cancelled or partly cancelled – the part of the adjacent area in which the pipeline or the part of the pipeline, as the case may be, was constructed; and
(f) in relation to a special prospecting authority or access authority that has been surrendered, cancelled or has expired – the area constituted by the blocks in respect of which that authority was in force.
"royalty period", in relation to a permit, lease or licence, means:
(a) the period from and including the date from which the permit, lease or licence comes into force to the end of the month of the year during which that date occurs; and
(b) each month thereafter.
"Safety Authority" means the National Offshore Petroleum Safety Authority established under the Commonwealth Act.
"secondary licence" means a licence granted on an application made under section 40(3).
"secondary line" means a pipe or system of pipes for any purpose referred to in paragraphs (a), (b), (c) and (d) of the definition of "pipeline".
"special prospecting authority" means a special prospecting authority granted under Part II.
"tank station" means a tank or system of tanks for holding or storing petroleum and includes any structure associated with that tank or system of tanks.
"terminal station" means a pumping station, a tank station or a valve station declared to be a terminal station under section 63 or under the Commonwealth Act or a corresponding law.
"valve station" means equipment for regulating the flow of petroleum and includes any structure associated with that equipment.
"vessel" means a vessel used in navigation, other than air navigation, and includes a barge, lighter or other floating vessel.
"water line" means a pipe or system of pipes for conveying water in connection with petroleum exploration operations or operations for the recovery of petroleum.
"well" means a hole in the sea-bed or subsoil made by drilling, boring or any other means in connection with exploration for petroleum or operations for the recovery of petroleum but does not include a seismic shot hole.
"wholly cancelled", in relation to a permit, lease, licence or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit, lease, licence or pipeline licence.
"wholly determined", in relation to a permit or lease, means determined as to all the blocks the subject of the permit or lease.
(2) If, at any time, the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, the definition of adjacent area in subsection (1) continues to have effect as if the breadth of the territorial sea of Australia had continued to be 3 nautical miles.
(3) Where an exploration permit for petroleum subsisting under the Commonwealth Act immediately before the commencement of this Act, or a permit granted by way of the first or any subsequent renewal of such a permit, is cancelled or determined, or expires and is not renewed, as to an area described in paragraphs (a), (b) and (c) of the definition of adjacent area, that area ceases to be part of an adjacent area.
(4) In this Act, a reference to the term of a permit, lease, licence, special prospecting authority or access authority is a reference to the period during which the permit, lease, licence, special prospecting authority or access authority remains in force and a reference to the date of expiration of a permit, lease, licence, special prospecting authority or access authority is a reference to the day on which the permit, lease, licence, special prospecting authority or access authority ceases to be in force.
(4A) In this Act, a reference to the term of a pipeline licence is a reference to the period during which the pipeline licence is in force.
(5) In this Act, a reference to a year of the term of a permit, lease, licence or pipeline licence is a reference to a period of one year commencing on the day on which the permit, lease, licence or pipeline licence, as the case may be, comes into force or on any anniversary of that day.
(6) 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 all or 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.
(6A) In this Act, a reference to the renewal, or the grant of a renewal, of a lease is a reference to the grant of a lease in respect of the blocks in respect of which the first-mentioned lease was in force to commence on the day after the date of expiration of the first-mentioned lease or on the day after the date of expiration of the lease granted upon a previous renewal of the first-mentioned lease.
(7) In this Act, a reference to the renewal, or 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.
(9) In this Act, a reference to a pipeline includes a reference to a part of a pipeline.
(10) In this Act, a reference to a permit, lease, licence, pipeline licence or access authority is a reference to the permit, lease, licence, pipeline licence or access authority as varied for the time being under this Act.
(11) The power conferred by this Act to make, grant or issue any instrument shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to repeal, rescind, revoke, amend or vary any such instrument.
(12) For the purposes of this Act and the Regulations:
(a) the space above or below the adjacent area shall be deemed to be in that area; and
(b) the space above or below an area that is part of the adjacent area shall be deemed to be in that part.