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PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 58 "Unit development"

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 58

"Unit development"

(1)  In this section, the expression unit development
(a) applies in relation to a petroleum pool that is partly in a particular licence area of a licensee and partly in a licence area of another licensee, or in an area that is not within the adjacent area but in which a person other than the first-mentioned licensee is lawfully entitled to carry on operations for the recovery of petroleum from the pool; and
(b) means the carrying on of operations for the recovery of petroleum from that pool under co-operative arrangements between the persons entitled to carry on such operations in each of those areas.
(2)  A licensee may from time to time enter into an agreement in writing for or in relation to the unit development of a petroleum pool, but nothing in this subsection derogates from the operation of section 80 (2) .
(3)  The Minister, of his own motion or on application made to him in writing by –
(a) a licensee in whose licence area there is a part of a particular petroleum pool; or
(b) a person who is lawfully entitled to carry on operations for the recovery of petroleum in an area outside the adjacent area that includes part of a particular petroleum pool that extends into the adjacent area –
may, for the purpose of securing the more effective recovery of petroleum from the petroleum pool, by instrument in writing served on the licensee, direct any licensee whose licence area includes part of the petroleum pool to enter into an agreement in writing, within the period specified in the instrument, for or in relation to the unit development of the petroleum pool and to lodge an application in accordance with section 80 for approval of any dealing to which the agreement relates.
(4)  Where –
(a) a licensee who is directed under subsection (3) to enter into an agreement for or in relation to the unit development of a petroleum pool does not enter into such an agreement within the specified period; or
(b) the licensee enters into such an agreement but an application for approval of a dealing to which the agreement relates is not lodged with the Minister or, if an application is so lodged, the dealing is not approved under section 80 –
the Minister may, by instrument in writing served on the licensee, direct the licensee to submit to him, within the period specified in the instrument, a scheme for or in relation to the unit development of the petroleum pool.
(5)  At any time after the expiration of the period within which a scheme for or in relation to the unit development of a petroleum pool is to be submitted by a licensee under subsection (4) , the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool.
(6)  Where a person is the licensee in respect of 2 or more licence areas in each of which there is part of a particular petroleum pool, the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool.
(7)  Where an agreement under this section is in force or the Minister has given directions under subsection (5) or (6) , the Minister may, having regard to additional information that has become available, by instrument in writing served on the licensee or licensees concerned, give to the licensee or licensees such directions, or further directions, as the case may be, as he thinks necessary for the purpose of achieving a more effective recovery of petroleum from the petroleum pool.
(8)  The Minister shall not give a direction under subsection (6) or (7) unless he has given to the licensee or licensees concerned an opportunity to confer with him concerning the proposed directions.
(9)  Directions under subsection (5) , (6) , or (7) may include directions as to the rate at which petroleum is to be recovered.
(10)  In this section –
dealing means a dealing to which section 80 applies.
(11)  The Minister shall –
(a) if a petroleum pool extends, or is reasonably believed by him to extend, from the adjacent area into land to which the laws of another State relating to the exploitation of petroleum resources apply, consult with the appropriate authority of that State concerning the exploitation of the petroleum pool; or
(b) if a petroleum pool extends, or is reasonably believed by him to extend, from the adjacent area into the adjacent area in respect of a State other than Tasmania, consult with the Designated Authority under the Commonwealth Act in respect of that other State concerning the exploitation of the petroleum pool; or
(c) if both paragraph (a) and paragraph (b) apply, comply with both of those paragraphs.
(12)  Where subsection (11) applies in relation to a petroleum pool, the Minister shall not approve an agreement under this section, or give directions under this section, in relation to that petroleum pool except with the approval of any other authority required by that subsection to be consulted.
(13)  For the purposes of subsection (11)(b) , the adjacent area in respect of a State is –
(a) if the Petroleum (Submerged Lands) Act 1967 of the Commonwealth is in force, the adjacent area in respect of a State within the meaning of that Act; or
(b) if the Petroleum (Submerged Lands) Act 1967 of the Commonwealth has been repealed and been re-enacted (with or without modifications), the area that, under the re-enacted Act of the Commonwealth, corresponds to the adjacent area in respect of a State within the meaning of the repealed Act.