PETROLEUM (SUBMERGED LANDS) ACT 1982 - As at 30 January 2012 - Act 22 of 1982

Table of Provisions

• Long Title
Preamble

PART 1 - PRELIMINARY

Division 1 - Interpretation, application and construction of Act

• 1 Short title
2. (Repealed) 3. (Repealed)
• 4 Definitions
• 5 Effect of territorial sea baseline changes on pipeline licence
• 6 Application of Act
• 6A Relationship of Act to National Gas (Queensland) Law
• 6B Declaration for Commonwealth Act
• 7 Petroleum pool extending into 2 licence areas
• 8 Points etc. to be ascertained by reference to Australian Geodetic Datum

Division 2 - Administration of the Commonwealth adjacent area for Queensland

• 9 Definition for div 2
• 10 Minister as member of Joint Authority
• 11 Minister as Designated Authority
• 12 Delegations under Commonwealth Act
• 13 Public servants performing functions under Commonwealth Act

PART 2 - APPLICATION OF LAWS

• 14 Application of laws in area adjacent to State
• 14A Disapplication of State occupational health and safety laws
• 15 Jurisdiction of State courts

PART 3 - MINING FOR PETROLEUM

Division 1 - Preliminary

• 16 Delegation
• 17 Graticulation of earth’s surface
• 18 Reservation of blocks

Division 2 - Exploration permits for petroleum

• 19 Exploration for petroleum
• 20 Advertisement of blocks
• 21 Application for permits
• 22 Grant or refusal of permit in relation to application
• 23 Application for permit in respect of surrendered etc. blocks
• 24 Application fee etc.
• 25 Consideration of applications
• 26 Request by applicant for grant of permit in respect of advertised blocks
• 27 Grant of permit on request
• 28 Rights conferred by permit
• 29 Term of permit
• 30 Application for renewal of permit
• 31 Application for renewal of permit to be in respect of reduced area
• 32 Grant or refusal of renewal of permit
• 33 Conditions of permit
• 34 Discovery of petroleum to be notified
• 35 Directions by Minister on discovery of petroleum
• 36 Nomination of block for purposes of declaring location
• 37 Declaration of location
• 38 Immediately adjoining blocks

Division 3 - Production licences for petroleum

• 39 Recovery of petroleum in adjacent area
• 40 Application by permittee for licence
• 41 Application for licence
• 42 Determination of rate of royalty
• 43 Notification as to grant of licence
• 44 Grant of licence
• 45 Variation of licence area
• 46 Determination of permit as to block not taken up by licensee
• 47 Application for licence in respect of surrendered etc. blocks
• 48 Application fee etc.
• 49 Request by applicant for grant of licence
• 50 Grant of licence on request
• 51 Grant of licences in respect of individual blocks
• 52 Rights conferred by licence
• 53 Term of licence
• 54 Application for renewal of licence
• 55 Grant or refusal of renewal of licence
• 56 Conditions of licence
• 57 Works to be carried out
• 58 Directions as to recovery of petroleum
• 59 Unit development

Division 4 - Pipeline licences

• 60 Construction etc. of pipelines etc.
• 61 Acts done in an emergency etc.
• 62 Removal of pipeline etc. constructed in contravention of Act
• 63 Terminal station
• 64 Application for pipeline licence
• 65 Grant or refusal of pipeline licence
• 66 Rights conferred by pipeline licence
• 67 Term of the pipeline licence
• 68 Application for renewal of pipeline licence
• 69 Grant or refusal of renewal of pipeline licence
• 70 Conditions of pipeline licence
• 71 Variation of pipeline licence on application of pipeline licensee
• 72 Variation of pipeline licence by Minister
• 73 Common carrier
• 74 Ceasing to operate pipeline

Division 5 - Registration of instruments

• 75 Register of certain instruments to be kept
• 76 Particulars to be entered in register
• 77 Memorials to be entered of permits etc. determined etc.
• 78 Approval and registration of transfers
• 79 Entries in register on devolution of title
• 80 Interests not to be created etc. except by instruments in writing
• 81 Approval of instruments creating etc. interests
• 82 True consideration to be shown
• 83 Minister not concerned with certain matters
• 84 Power of Minister to require information as to proposed dealings
• 85 Production and inspection of documents
• 86 Inspection of register and documents
• 87 Evidentiary provisions
• 88 Appeals
• 89 Minister not liable to certain actions
• 90 Offences
• 91 Assessment of fee
• 92 Imposition of registration fees
93. (Repealed)

Division 6 - General

• 94 Notices of grants of permits etc. to be published
• 95 Date of effect of permits etc.
• 96 Commencement of works
• 97 Work practices
• 98 Maintenance of property
• 99 Ss 97 and 98 to have effect subject to this Act
• 100 Drilling near boundaries
• 101 Directions
• 102 Compliance with directions
• 103 Exemption
• 104 Surrender of permits etc.
• 105 Cancellation of permits
• 106 Cancellation of permit etc. not affected by other provisions
• 107 Removal of property etc. by permittee etc.
• 108 Removal of property etc. by Minister
• 109 Payment by instalments
• 110 Penalty for late payment of instalments etc.
• 111 Special prospecting authorities
• 112 Access authorities
• 113 Sale of property
• 114 Securities
• 115 Minister etc. may require information to be furnished etc.
• 116 Power to examine on oath
• 117 Failing to furnish information etc.
• 118 Release of information
• 119 Safety zones
• 120 Discovery and use of water
• 121 Survey of wells etc.
• 122 Records etc. to be kept
• 123 Scientific investigations
• 124 Interference with other rights
• 124A Interfering with offshore petroleum installation or operations
• 125 Inspectors
• 126 Powers of inspectors
• 127 Property in petroleum
• 128 Suspension of rights conferred by permit
• 129 Certain payments to be made by State to Commonwealth
• 130 Determination to be disregarded in certain cases
• 131 Continuing offences
• 132 Persons concerned in commission of offences
• 133 Provisions in respect of offences
• 134 Orders for forfeiture in respect of certain offences
• 135 Disposal of forfeited goods
• 136 Time for bringing proceedings for offences
• 137 Judicial notice
• 138 Service

Division 7 - Fees and royalties

• 139 Permit fees
• 140 Licence fees
• 140A Application of GST to permit and licence fees
• 141 Pipeline licence fees
• 142 Time of payment of fees
• 143 Royalty
• 144 Reduction of royalty in certain cases
• 145 Royalty not payable in certain cases
• 146 Ascertainment of wellhead
• 147 Ascertainment of value
• 148 Ascertainment of quantity of petroleum recovered
• 149 Payment of royalty
• 150 Penalty for late payment
• 151 Fees and penalties debts due to the State

PART 3A - NATIONAL OFFSHORE PETROLEUM SAFETY AUTHORITY

Division 1 - Preliminary

• 151A Definitions for pt 3A
• 151B Occupational health and safety
• 151C Listed OHS laws
• 151D Regulation-making power—occupational health and safety

Division 2 - Functions and powers of the Safety Authority

• 151E Safety Authority’s functions
• 151F Safety Authority’s ordinary powers
• 151G Judicial notice of seal

Division 3 - Safety Authority Board

• 151H Functions of the Board
• 151I Powers of the Board
• 151J Validity of decisions

Division 4 - Chief executive officer and staff of the Safety Authority

• 151K CEO acts for Safety Authority
• 151L Working with the Board
• 151M Delegation by CEO
• 151N Secondments to Safety Authority

Division 5 - Other Safety Authority provisions

• 151O Minister may require the Safety Authority to prepare reports or give information
• 151P Directions to Safety Authority
• 151Q Reviews of operations of Safety Authority
• 151R Liability for acts and omissions

PART 4 - MISCELLANEOUS

• 152 Regulation-making power
153. (Repealed) (Repealed)
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
Schedule 4 (Repealed) Schedule 5 (Repealed)