PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 4
PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 4
(1) In this Act,
unless the contrary intention appears—
"access authority" means an access authority under Part 3;
"application for a primary licence" means an application under
section 39(1) or (2) or under section 39A(1) or (2);
"application for a secondary licence" means an application under
section 39(3) or under section 39A(3);
"approved" means approved by the Minister;
"block" means a block constituted as provided by section 7A or 16;
"Commonwealth Act" means, as the context requires:
(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the Petroleum (Submerged Lands) Act 1967 of the Commonwealth has been repealed
and re-enacted (with or without modifications)—the re-enacted Act of the
Commonwealth 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;
"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
Commonwealth, the States and the Northern Territory referred to in the
preamble to this Act;
"document" includes any map, book, record or writing;
"good oil-field 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 16;
"inspector" means a person appointed under section 124;
"lease" means a retention lease under Part 3;
"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 under Part 3;
"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 given by section 150C;
"location" means a block or blocks in respect of which a declaration under
section 36 is in force;
"natural resources" has the same meaning as in the Convention;
"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 under Part 3;
"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;
or
(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, that is to say,
hydrogen-sulphide, nitrogen, helium and carbon-dioxide,
and includes any petroleum as defined by paragraph (a), (b) or (c) of
this definition that has been returned to a natural reservoir in the adjacent
area;
"petroleum pool" means a naturally occurring discrete accumulation of
petroleum;
"pipeline" means a pipe or system of pipes in the adjacent area for conveying
petroleum but does not include a pipe or system of pipes—
(a) for
returning petroleum to a natural reservoir; or
(b) for
conveying petroleum for use for the purposes of petroleum exploration
operations or operations for the recovery of petroleum; or
(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 under Part 3 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 39(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 39A(1);
"primary licence" means a licence granted on an application under
section 39(1) or (2) or under section 39A(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 3;
"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;
"royalty period", in relation to a permit or licence, means—
(a) the
period from and including the date from which the permit or licence has effect
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
under the Commonwealth Act;
"secondary licence" means a licence granted on an application under
section 39(3) or under section 39A(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 under
Part 3;
"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 62 or under the
Commonwealth Act or a corresponding law;
"the 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 South Australia;
"the Convention" means the Convention entitled Convention on the Continental
Shelf signed at Geneva on 29 April 1958, being the Convention a copy of which
in the English language is set out in Schedule 2;
"the Joint Authority" means the Commonwealth-South Australia Offshore
Petroleum Joint Authority established by the Commonwealth Act;
"the 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; and
(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; and
(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; and
(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; and
(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; and
(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 or cancelled, or has expired—the area constituted by the
blocks in respect of which that authority was in force;
"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 three nautical miles, the definition of "the adjacent area in
subsection (1) continues to have effect as if the breadth of the
territorial sea of Australia had continued to be three nautical miles.
(4) In this Act, a
reference to the term of a permit, lease, licence, pipeline licence,
special prospecting authority or access authority is a reference to the period
during which the permit, lease, licence, pipeline licence,
special prospecting authority or access authority remains in force and a
reference to the date of expiration of a permit, lease, licence, pipeline
licence, special prospecting authority or access authority is a reference to
the day on which the permit, lease, licence, pipeline licence,
special prospecting authority or access authority ceases to be 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 firstmentioned permit to commence on the day after the date
of expiration of the firstmentioned permit or on the day after the date of
expiration of the permit granted upon a previous renewal of the firstmentioned
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 firstmentioned 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 to 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 firstmentioned licence or on the day after the date of
expiration of the licence granted upon a previous renewal of the
firstmentioned licence.
(8) In this Act, a
reference to the renewal, or to the grant of a renewal, of a pipeline licence
in respect of a pipeline is a reference to the grant of a pipeline licence in
respect of that pipeline to commence on the day after the date of expiration
of the firstmentioned pipeline licence or on the day after the date of
expiration of the pipeline licence granted upon a previous renewal of the
firstmentioned pipeline 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
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—
(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.