PETROLEUM (SUBMERGED LANDS) ACT 1982

Table of Provisions

• Long Title
• Preamble

PART 1--Preliminary

Division 1--Interpretation, application and construction of Act

• 1 Short title
• 2 Transitional provisions
• 4 Interpretation
• 5 Application of Act
• 5A Interaction with Marine Parks Act 2007
• 5B Licence or other right is not personal property for the purposes of Commonwealth Act
• 6 Petroleum pool extending into two licence areas
• 7 Points etc to be ascertained by reference to Australian Geodetic Datum
• 7A Certain portions of blocks to be blocks

Division 2--Administration of the Commonwealth adjacent area

• 8 Definitions
• 9 Minister a member of Joint Authority
• 10 Minister as Designated Authority
• 11 Delegations under Commonwealth Act
• 12 Public servants performing functions under Commonwealth Act

PART 2--Application of laws

• 13 Modification of the applied provisions
• 14 Jurisdiction of State courts
• 14A Disapplication of State occupational health and safety laws

PART 3--Mining for petroleum

Division 1--Preliminary

• 15 Delegation
• 16 Graticulation of Earth's surface
• 17 Reservation of blocks

Division 2--Exploration permits for petroleum

• 18 Exploration for petroleum
• 19 Advertisement of blocks
• 20 Application for permits
• 21 Grant or refusal of permit in relation to application
• 22 Application for permit in respect of surrendered etc blocks
• 23 Application fee etc
• 24 Consideration of applications
• 25 Request by applicant for grant of permit in respect of advertised blocks
• 26 Grant of permit on request
• 27 Rights conferred by permit
• 28 Term of permit
• 29 Application for renewal of permit
• 30 Application for renewal of permit to be in respect of reduced area
• 30A Certain permits cannot be renewed more than twice
• 31 Grant or refusal of renewal of permit
• 32 Conditions of permit
• 33 Discovery of petroleum to be notified
• 34 Directions by Minister on discovery of petroleum
• 35 Nomination of blocks as location
• 36 Declaration of location
• 37 Immediately adjoining blocks

Division 2A--Retention leases for petroleum

• 37A Application by permittee for lease
• 37B Grant or refusal of lease in relation to application
• 37BA Application of sections 37A and 37B where permit is transferred
• 37C Rights conferred by lease
• 37D Term of lease
• 37E Notice of intention to cancel lease
• 37F Application for renewal of lease
• 37G Grant or refusal of renewal of lease
• 37H Conditions of lease
• 37J Discovery of petroleum to be notified
• 37K Directions by Minister on discovery of petroleum

Division 3--Production licences for petroleum

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

Division 4--Pipeline licences

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

Division 5--Registration of instruments

• 73A Interpretation
• 74 Register of certain instruments to be kept
• 75 Particulars to be entered in register
• 76 Memorials to be entered of permits etc determined etc
• 77 Approval and registration of transfers
• 78 Entries in register on devolution of title etc
• 80 Approval of dealings creating etc interests etc in existing titles
• 80A Approval of dealings in future interests etc
• 81 True consideration to be shown
• 82 Minister not concerned with certain matters
• 83 Power of Minister to require information as to dealings
• 84 Production and inspection of documents
• 85 Inspection of register and documents
• 86 Evidentiary provision
• 86A Minister may make corrections to register
• 87 Appeals
• 88 Minister not liable to certain actions
• 89 Offences
• 90 Assessment of fee
• 91 Registration fees
• 92 Exemption from stamp duty

Division 6--General

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

Division 6A--Powers of authorised persons

• 137B Interpretation
• 137C Powers of authorised persons
• 137D Search warrants
• 137E Exercise of powers in serious circumstances

Division 7--Fees and royalties

• 138 Fees
• 141 Time for payment of fees
• 142 Royalty
• 143 Reduction of royalty in certain cases
• 144 Royalty not payable in certain cases
• 145 Ascertainment of well-head
• 146 Ascertainment of value
• 147 Ascertainment of quantity of petroleum recovered
• 148 Payment of royalty
• 148A Provisional payment of royalty
• 148B Adjustment of payments of royalty
• 149 Penalty for late payment
• 150 Fees and penalties debts due to State

PART 3A--Occupational health and safety

Division 1--Introduction

• 150A Definitions
• 150B Occupational health and safety
• 150C Listed OHS laws
• 150D Regulations relating to occupational health and safety

Division 2--Functions and powers of the Safety Authority

• 150E Safety Authority's functions
• 150F Safety Authority's ordinary powers
• 150G Judicial notice of seal

Division 3--Safety Authority Board

• 150H Functions of the Board
• 150I Powers of the Board
• 150J Validity of decisions

Division 4--CEO and staff of the Safety Authority

• 150K CEO acts for Safety Authority
• 150L Working with the Board
• 150M Delegation
• 150N Secondments to the Safety Authority

Division 5--Other Safety Authority provisions

• 150O Minister may require the Safety Authority to prepare reports or give information
• 150P Directions to the Safety Authority
• 150Q Reviews of operations of Safety Authority
• 150R Liability for acts and omissions

PART 4--Regulations

• 151 Regulations
• SCHEDULE 2--Convention on the Continental Shelf
• SCHEDULE 3--Area that includes the adjacent area
• SCHEDULE 4--Scheme for transitional arrangements
• SCHEDULE 6--Petroleum (Submerged Lands) (Miscellaneous) Amendment Act 1994--Transitional
• SCHEDULE 7--Occupational health and safety
Legislative history