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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Petroleum (Submerged Lands) (Amendment) Act
2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Principal Act 2
PART 2--INFRASTRUCTURE LICENCES 3
4. Definitions 3
5. New section 4A inserted 4
4A. Infrastructure facilities 4
6. New Division 3A inserted in Part III 5
Division 3A--Infrastructure Licences 5
59A. Construction etc. of infrastructure facilities 5
59B. Application for infrastructure licence 6
59C. Notification as to grant of an infrastructure licence 7
59D. Notices to be given by Minister 7
59E. Grant of infrastructure licence 9
59F. Rights conferred by infrastructure licence 10
59G. Term of infrastructure licence 10
59H. Termination of infrastructure licence if no operations for
5 years 11
59J. Conditions of infrastructure licence 12
59K. Variation of infrastructure licence 12
7. Consequential amendments 14
8. New section 106 substituted 18
106. Cancellation of permit etc. not affected by other
provisions 18
9. Further consequential amendments 20
10. New section 108 substituted 22
108. Removal of property etc. by Minister 22
11. Further consequential amendments 23
12. New section 140A inserted 24
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Clause Page
140A. Infrastructure licence fees 24
13. Time of payment of fees 24
14. Further consequential amendments 24
PART 3--OTHER AMENDMENTS 26
15. Amendment of preamble 26
16. New section 2 substituted 26
2. Transitional provisions 26
17. Definitions and interpretation 26
18. New section 6A inserted 28
6A. Act to apply subject to international obligations 28
19. Discontinuance of Australian Geodetic Datum 28
20. Gender-neutral amendments 28
21. Graticulation of Earth's surface 29
22. Exploration for petroleum 29
23. New section 21A inserted 30
21A. Where 2 or more applications are made in respect of
the same block or blocks 30
24. Grant or refusal of permit 31
25. New sections 22AA, 22AB and 22AC inserted 31
22AA. Withdrawal by a joint applicant 31
22AB. Withdrawal of application 32
22AC. Effect of withdrawal or lapse of application 32
26. Permits in respect of surrendered etc. blocks 33
27. Term of permit 35
28. Renewal of permit 36
29. Discovery of petroleum 37
30. Declaration of location 38
31. Application for lease or renewal of lease 38
32. New sections 38BB, 38BC and 38BD inserted 39
38BB. Application by licensee for lease 39
38BC. Grant or refusal of lease in relation to application by
licensee 41
38BD. Application of sections 38BB and 38BC where licence
is transferred 43
33. Application for renewal of lease 43
34. Discovery of petroleum 44
35. Recovery of petroleum without a licence 44
36. Application for licence 44
37. New section 43 substituted 45
43. Notification as to grant of licence 45
38. Grant of licence and variation of licence area 46
39. Licences in respect of surrendered etc. blocks 47
40. New section 53 substituted and 53A inserted 50
53. Term of licence 50
53A. Termination of licence if no operations for 5 years 50
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Clause Page
41. Renewal of licences 51
42. Directions for recovery of petroleum and unit development 51
43. Pipeline licences 52
44. Term of pipeline licences 57
45. New section 67A inserted 57
67A. Termination of pipeline licence if no operations for
5 years 57
46. Renewal, conditions and variation of pipeline licences and
ceasing to operate pipeline 58
47. Registration of instruments 59
48. Exemption from duty 61
49. Notice of grants to be published 61
50. Failing to commence works and work practices 61
51. Drilling near boundaries 63
52. Directions and exemptions 63
53. New section 103A inserted 64
103A. Suspension of rights conferred by permit or lease 64
54. Surrender, cancellation of permits etc. 65
55. Removal of property by permittee 67
56. Repeal of instalment payment facility for cash bidding 68
57. Special prospecting authority, access authority and sale of
property 68
58. Requirement to furnish information 70
59. Release of information 71
60. Safety zones 71
61. Discovery and use of water, survey of wells etc., and record
keeping 72
62. Interference with other rights 72
63. New section 124A inserted 72
124A. Interfering with offshore petroleum installation or
operations 72
64. Inspectors 73
65. Enforcement, offences, forfeiture and service 74
66. Areas to be avoided and safety zones 74
67. New Parts IIIA and IIIB inserted 75
PART IIIA--RELEASE OF INFORMATION 75
Division 1--Preliminary 75
151H. Definitions 75
151I. Application of Part 81
Division 2--Disclosure of Information 81
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Clause Page
151J. Ministers not to disclose documentary information or
petroleum mining samples except in accordance with
this Part or for administrative purposes 82
151K. Making by Minister of documentary information or
petroleum mining samples available to other Ministers 82
151L. Disclosure by Minister of information (other than
excluded information) or petroleum mining samples 83
151M. Relevant day after which information or petroleum
mining sample may be disclosed 84
151N. Disclosure by Minister of documentary information or
petroleum mining sample where prior publication made
by holder of petroleum mining instrument 88
151O. Disclosure by Minister of non-confidential derivative
information 90
Division 3--Procedures to be Followed in respect of
Contested Information 91
151P. Making and determination of objections to disclosure 91
151Q. Review of decisions on objections 92
PART IIIB--DATUMS 96
151R. Objects 96
151S. Australian Geodetic Datum 96
151T. Current datum, previous datum and changeover time 97
151U. Use of current datum 97
151V. Use of previous datum 98
151W. Variation of titles etc. 99
151X. Variation of applications for titles 101
151Y. No change to actual position of point, line or area 101
151Z. Transitional regulations 101
151ZA. Definitions 101
68. Regulations 102
69. New First Schedule substituted 102
70. Outdated Convention removed from Principal Act 103
71. Correction of reference to latitude 103
ENDNOTES 105
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PARLIAMENT OF VICTORIA
Initiated in Assembly 17 October 2001
A BILL
to amend the Petroleum (Submerged Lands) Act 1982 to provide for
infrastructure licences and to make other amendments as a
consequence of amendments to Commonwealth law and for other
purposes.
Petroleum (Submerged Lands)
(Amendment) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the
Petroleum (Submerged Lands) Act 1982--
5 (a) to provide for infrastructure licences; and
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(b) to make other amendments as a consequence
of various amendments to Commonwealth
law.
2. Commencement
5 (1) This Part and Part 3 come into operation on the
day after the day on which this Act receives the
Royal Assent.
(2) Subject to sub-section (3), Part 2 comes into
operation on a day or days to be proclaimed.
10 (3) If a provision of Part 2 does not come into
operation before 1 January 2003, it comes into
operation on that day.
3. Principal Act
See: In this Act, the Petroleum (Submerged Lands)
Act No.
15 Act 1982 is called the Principal Act.
9772/1982.
Reprint No. 3
as at
15 October
1998
and
amending
Act Nos
74/2000 and
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
_______________
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PART 2--INFRASTRUCTURE LICENCES
4. Definitions
(1) In section 4(1) of the Principal Act--
(a) insert the following definitions--
5 ' "facility" includes a structure or
installation of any kind;
"good processing and transport practices"
means all those things that are
generally accepted as good and safe in
10 the processing and storage of petroleum
and the preparation of petroleum for
transport;
"infrastructure facilities" has the meaning
given by section 4A;
15 "infrastructure licence" means an
infrastructure licence under Part III;
"infrastructure licence area", in relation to
an infrastructure licence, means the
place in respect of which the
20 infrastructure licence is in force;
"infrastructure licensee" means the
registered holder of an infrastructure
licence;
"operation" means an activity to which
25 Part III applies;';
(b) in the definition of "registered holder", after
"lease, licence" (where twice occurring),
insert ", infrastructure licence";
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(c) in the definition of "the relinquished area",
after paragraph (ca) insert--
"(cb) in relation to an infrastructure licence
that has been surrendered, cancelled or
5 terminated--the place that constituted
the infrastructure licence area;".
(2) In section 4 of the Principal Act--
(a) in sub-section (4), after "lease, licence"
(where first and secondly occurring), insert
10 ", infrastructure licence",
(b) in sub-sections (5) and (10), after "lease,
licence" (wherever occurring), insert
", infrastructure licence".
5. New section 4A inserted
15 After section 4 of the Principal Act insert--
'4A. Infrastructure facilities
(1) In this Act--
"infrastructure facilities" means facilities
for engaging in any of the activities
20 mentioned in sub-section (2), being--
(a) facilities that are resting on the
seabed; or
(b) facilities (including facilities that
are floating) that are fixed or
25 connected to the seabed; or
(c) facilities that are attached or
tethered to facilities referred to in
paragraph (a) or (b).
(2) The activities referred to in sub-section (1)
30 are the following--
(a) remote control of facilities used for the
recovery of petroleum in a licence area;
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(b) processing petroleum recovered in any
place, including--
(i) converting petroleum into another
form by physical or chemical
5 means or both (for example,
converting it into liquefied natural
gas or methanol); and
(ii) partial processing of petroleum
(for example, by the removal of
10 water);
(c) storing petroleum before it is
transported to another place;
(d) preparing petroleum (for example, by
operations such as pumping or
15 compressing) for transport to another
place;
(e) activities related to any of the above--
but, except as mentioned in paragraph (a), do
not include engaging in the exploration for,
20 or recovery of, petroleum.'.
6. New Division 3A inserted in Part III
After Division 3 of Part III of the Principal Act
insert--
'Division 3A--Infrastructure Licences
25 59A. Construction etc. of infrastructure facilities
A person must not, in the adjacent area--
(a) begin or continue the construction, or
the alteration or reconstruction, of any
infrastructure facilities; or
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(b) operate any infrastructure facilities--
except--
(c) under and in accordance with an
infrastructure licence; or
5 (d) as otherwise permitted by this Part.
Penalty: 330 penalty units or imprisonment
for 5 years or both, in the case of a
natural person;
1650 penalty units, in the case of a
10 body corporate.
59B. Application for infrastructure licence
(1) A person may apply to the Minister for the
grant of an infrastructure licence.
(2) The application--
15 (a) is to be made in an approved manner;
and
(b) is to be accompanied by particulars of
the proposals of the applicant for the
construction and operation of facilities
20 at a place in the adjacent area, being a
place described in the application; and
(c) may set out any other matters that the
applicant wishes to be considered; and
(d) is to be accompanied by the prescribed
25 fee.
(3) The Minister may, at any time, by written
notice served on the applicant, require the
applicant to give, within the period stated in
the notice, further written information in
30 connection with the application.
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59C. Notification as to grant of an infrastructure
licence
(1) If an application for the grant of an
infrastructure licence has been made under
5 section 59B and the applicant has given any
further information as and when required by
the Minister under section 59B(3), then,
subject to section 59D, the Minister, by
written notice served on the applicant, may
10 inform the applicant that the Minister is
prepared to grant to the applicant an
infrastructure licence in respect of the place
described in the application.
(2) A notice under sub-section (1) must--
15 (a) contain a summary of the conditions
subject to which the infrastructure
licence is to be granted; and
(b) contain a statement to the effect that the
application will lapse if the applicant
20 does not make a request under
section 59E(1) in respect of the grant of
the infrastructure licence.
59D. Notices to be given by Minister
(1) This section applies if the Minister is
25 prepared to grant an infrastructure licence
(the "proposed infrastructure licence") in
respect of a place in a block that--
(a) is the subject of a permit, lease, licence,
infrastructure licence, special
30 prospecting authority or access
authority; or
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(b) is, or is proposed to be, transected by a
pipeline in accordance with the
provisions of a pipeline licence--
of which the registered holder is a person
5 other than the applicant.
(2) The Minister must not inform the applicant
under section 59C that the Minister is
prepared to grant the proposed infrastructure
licence unless the Minister--
10 (a) has, by written notice served on the
registered holder referred to in sub-
section (1), given not less than one
month's notice that the Minister is
prepared to grant the proposed
15 infrastructure licence; and
(b) has served a copy of the notice on such
other persons (if any) as the Minister
thinks fit; and
(c) has, in the notice--
20 (i) given particulars of the proposed
infrastructure licence; and
(ii) specified a date, on or before
which a person on whom the
notice, or a copy of the notice, is
25 served may, by writing served on
the Minister, submit any matters
that the person wishes the
Minister to consider; and
(d) has taken into account any matters so
30 submitted on or before the specified
date by a person on whom the first-
mentioned notice, or a copy of it, has
been served.
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(3) Sub-section (2) does not apply--
(a) in respect of the registered holder of a
permit, lease, licence, infrastructure
licence or pipeline licence if the
5 registered holder has consented in
writing to the grant of the proposed
infrastructure licence; or
(b) in respect of the registered holder of a
special prospecting authority or an
10 access authority if--
(i) the registered holder has
consented in writing to the grant
of the proposed infrastructure
licence; or
15 (ii) the special prospecting authority
or access authority will expire
before any construction or
operation of facilities under the
proposed infrastructure licence
20 would occur.
59E. Grant of infrastructure licence
(1) An applicant on whom a notice has been
served under section 59C(1) ("the
applicant") may, by written notice served
25 on the Minister, request the Minister to grant
to the applicant the infrastructure licence
referred to in the first-mentioned notice.
(2) The request must be made--
(a) before the end of 3 months after the
30 date of service of the notice on the
applicant under section 59C(1); or
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(b) if the Minister, on application in
writing served on the Minister before
the end of that period, allows a further
period of not more than 3 months for
5 the making of the request--before the
end of that further period.
(3) If the applicant makes the request within the
period applicable under sub-section (2), the
Minister must grant to the applicant an
10 infrastructure licence in respect of the place
described in the application.
(4) If the applicant does not make the request
within the period applicable under sub-
section (2), the application lapses at the end
15 of that period.
59F. Rights conferred by infrastructure licence
(1) An infrastructure licence, while it remains in
force, authorises the infrastructure licensee,
subject to this Act and the regulations and in
20 accordance with the conditions to which the
infrastructure licence is subject, to construct
and operate infrastructure facilities in the
infrastructure licence area.
(2) To avoid doubt, the grant of an infrastructure
25 licence is not a prerequisite to doing
anything that could be authorised to be done
by a permit, lease, licence or pipeline
licence.
59G. Term of infrastructure licence
30 Subject to this Part, an infrastructure licence
remains in force indefinitely.
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59H. Termination of infrastructure licence if no
operations for 5 years
(1) If an infrastructure licensee--
(a) has not carried out any construction
5 work under the infrastructure licence
for a continuous period of at least
5 years; and
(b) has not used the facilities constructed
under the infrastructure licence for a
10 continuous period of at least 5 years--
the Minister may, by written notice served
on the infrastructure licensee, inform the
infrastructure licensee that the Minister
proposes to terminate the infrastructure
15 licence after the end of one month after the
notice is served.
(2) At any time after the end of one month after
the notice referred to in sub-section (1) is
served on the infrastructure licensee, the
20 Minister may, by written notice served on
the infrastructure licensee, terminate the
infrastructure licence.
(3) In working out, for the purposes of sub-
section (1), the duration of the period in
25 which an infrastructure licensee did not carry
out any construction work under the
infrastructure licence or did not use the
facilities constructed under the infrastructure
licence, any period in which construction
30 work was not carried out, or the facilities
were not used, because of circumstances
beyond the infrastructure licensee's control is
to be disregarded.
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59J. Conditions of infrastructure licence
An infrastructure licence may be granted
subject to such conditions as the Minister
thinks fit and are specified in the
5 infrastructure licence.
59K. Variation of infrastructure licence
(1) An infrastructure licensee may, at any time,
make an application to the Minister for the
variation of the infrastructure licence.
10 (2) An application under this section--
(a) is to be made in the approved manner;
and
(b) is to be accompanied by particulars of
the proposed variation; and
15 (c) is to set out the reasons for the
proposed variation; and
(d) is to be accompanied by the prescribed
fee.
(3) The Minister may, at any time, by written
20 notice served on the applicant, require the
applicant to give, within the period stated in
the notice, further written information in
connection with the application.
(4) If the infrastructure licence was granted in
25 respect of a place in a block that--
(a) is the subject of a permit, lease, licence,
infrastructure licence, special
prospecting authority or access
authority; or
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(b) is, or is proposed to be, transected by a
pipeline in accordance with the
provisions of a pipeline licence--
of which the registered holder is a person
5 other than the applicant, the Minister must
not vary the infrastructure licence pursuant
to the application unless the Minister--
(c) has, by written notice served on the
registered holder, given not less than
10 one month's notice that the Minister is
considering the application; and
(d) has served a copy of the notice on such
other persons (if any) as the Minister
thinks fit; and
15 (e) has, in the notice--
(i) given particulars of the proposed
variation; and
(ii) specified a date on or before
which a person on whom the
20 notice, or a copy of the notice, is
served may, by writing served on
the Minister, submit any matters
that the person wishes the
Minister to consider.
25 (5) Sub-section (4) does not apply--
(a) in respect of the registered holder of a
permit, lease, licence, infrastructure
licence or pipeline licence if the
registered holder has consented in
30 writing to the variation of the
infrastructure licence; or
(b) in respect of the registered holder of a
special prospecting authority or an
access authority if--
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(i) the registered holder has
consented in writing to the
variation of the infrastructure
licence; or
5 (ii) the special prospecting authority
or access authority will expire
before any construction or
operation of facilities under the
infrastructure licence as proposed
10 to be varied would occur.
(6) After considering any matters submitted to
the Minister under sub-section (4) on or
before the date specified in the notice served
under that sub-section by a person to whom
15 the notice, or a copy of the notice, has been
served, the Minister may--
(a) by written notice served on the
applicant, vary the infrastructure
licence to such extent as the Minister
20 thinks necessary; or
(b) refuse to vary the infrastructure
licence.'.
7. Consequential amendments
(1) In section 18 of the Principal Act--
25 (a) in sub-section (1)--
(i) for "lease or licence" substitute "lease,
licence or infrastructure licence";
(ii) after "lease, licence" insert
", infrastructure licence";
30 (b) in sub-section (2), after "lease, licence"
insert ", infrastructure licence".
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(2) In the Principal Act--
(a) in section 75AA, after "lease, licence" insert
", infrastructure licence";
(b) in section 76(1), at the end of paragraphs (a),
5 (b), (c), (d) and (e) insert "and";
(c) in section 76(1), after paragraph (b) insert--
"(ba) in the case of an infrastructure licence,
setting out particulars of the
infrastructure licence area; and";
10 (d) in section 81A(4)(a)(i), after "lease, licence"
(wherever occurring) insert ", infrastructure
licence";
(e) in section 93, after "lease, licence" (wherever
occurring) insert ", infrastructure licence";
15 (f) in section 94--
(i) in paragraph (a), after "lease, licence"
insert ", infrastructure licence";
(ii) in paragraph (b), after "licence" (where
first occurring) insert ", infrastructure
20 licence";
(g) in section 94, after paragraph (c) insert--
"(ca) the surrender or cancellation of an
infrastructure licence; and";
(h) in section 94(g), after "licence" insert
25 ", infrastructure licence".
(3) In section 95 of the Principal Act, after sub-
section (2) insert--
"(2A) The surrender or cancellation of an
infrastructure licence has effect on and from
30 the day on which notice of the surrender or
cancellation is published in the Gazette.".
(4) In the Principal Act--
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(a) in section 95(4), after "licence" (where first
occurring) insert ", infrastructure licence";
(b) in section 96--
(i) after "lease, licence" (wherever
5 occurring) insert ", infrastructure
licence";
(ii) after "lessee, licensee" (wherever
occurring) insert ", infrastructure
licensee".
10 (5) In section 97 of the Principal Act, after sub-
section (2) insert--
"(2A) An infrastructure licensee must carry out
operations authorised by the infrastructure
licence in a safe manner and in accordance
15 with good oil-field and good processing and
transport practices.
(2B) In particular and without limiting the
generality of sub-section (2A), but subject to
any authorisation given, or requirement
20 made, under this Act or the regulations or
under any direction given under this Act, an
infrastructure licensee must control the flow,
and prevent the waste or escape, from a
facility constructed under the infrastructure
25 licence of water, petroleum or any product
derived by processing petroleum.".
(6) In the Principal Act--
(a) in section 97A(1), after "lease, licence"
(wherever occurring) insert ", infrastructure
30 licence";
(b) in section 98(1), in the definition of
"operator", after "lessee, licensee" insert
", infrastructure licensee";
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(c) in section 98(1), in the definition of "the
operations area", after paragraph (a) insert--
"and
(aa) in relation to an operator who is an
5 infrastructure licensee--means the
infrastructure licence area; and";
(d) in section 101(1), after "lease, licence"
insert ", infrastructure licence";
(e) in section 102(2A)(a), after "lessee, licensee"
10 insert ", infrastructure licensee";
(f) in section 103(1)--
(i) after "lessee, licensee" (wherever
occurring) insert ", infrastructure
licensee";
15 (ii) after "lease, licence" (in paragraph (j)
and where last occurring) insert
", infrastructure licence";
(g) in sections 103(2) and 104(1), after "lease,
licence" insert ", infrastructure licence";
20 (h) in section 104(1), after paragraph (a)
insert--
"(aaa) in the case of an infrastructure
licence--as to the infrastructure licence
area; or";
25 (i) in section 104(3), after "lease, licence"
insert ", infrastructure licence";
(j) in section 104(5), after paragraph (a)
insert--
"(aa) in relation to a surrender of an
30 infrastructure licence--the
infrastructure licence area; and";
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(k) in section 105(1)--
(i) after "lessee, licensee" (wherever
occurring) insert ", infrastructure
licensee";
5 (ii) in paragraph (a), after "lease, licence"
insert ", infrastructure licence";
(l) in section 105(1), after paragraph (e)
insert--
"(eaa) in the case of an infrastructure
10 licence--cancel the infrastructure
licence; or";
(m) in section 105(2)--
(i) after "in force," (where first occurring)
insert "or cancel an infrastructure
15 licence,";
(ii) after "lessee, licensee" (wherever
occurring) insert ", infrastructure
licensee";
(iii) in paragraph (a), after "lease, licence"
20 insert ", infrastructure licence".
8. New section 106 substituted
For section 106 of the Principal Act substitute--
"106. Cancellation of permit etc. not affected by
other provisions
25 (1) A permit, licence or pipeline licence may be
wholly cancelled or partly cancelled, a lease
may be wholly cancelled, and an
infrastructure licence may be cancelled, on
the ground that the registered holder of the
30 permit, licence, pipeline licence, lease or
infrastructure licence has not complied with
a provision of this Part or of the regulations
even though the holder has been convicted of
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an offence because of the holder's failure to
comply with the provision.
(2) A person who was the registered holder of a
permit, lease, licence or pipeline licence that
5 has been wholly cancelled, is the registered
holder of a permit, licence or pipeline licence
that has been partly cancelled, or was the
registered holder of an infrastructure licence
that has been cancelled, on the ground that
10 the person has not complied with a provision
of this Part or of the regulations may be
convicted of an offence because of the
person's failure to comply with the provision,
even though the permit, lease, licence,
15 pipeline licence or infrastructure licence has
been so cancelled.
(3) A permit, licence or pipeline licence may be
wholly cancelled or partly cancelled, a lease
may be wholly cancelled, and an
20 infrastructure licence may be cancelled, on
the ground that the registered holder of the
permit, licence, pipeline licence, lease or
infrastructure licence has not paid an amount
payable by the holder under this Act within
25 3 months after the day on which the amount
became payable, even though judgment for
the amount has been obtained or the amount,
or any part of the amount, has been paid or
recovered.
30 (4) A person who was the registered holder of a
permit, lease, licence or pipeline licence that
has been wholly cancelled, is the registered
holder of a permit, licence or pipeline licence
that has been partly cancelled, or was the
35 registered holder of an infrastructure licence
that has been cancelled, on the ground that
the person has not paid an amount payable
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by the person under this Act within 3 months
after the day on which the amount became
payable continues to be liable to pay that
amount, together with any additional amount
5 payable because of late payment of that
amount, even though the permit, lease,
licence, pipeline licence or infrastructure
licence has been so cancelled.".
9. Further consequential amendments
10 (1) In section 107 of the Principal Act, for sub-
section (1) substitute--
"(1) If--
(a) a permit has been wholly or partly
determined or wholly or partly
15 cancelled, or has expired; or
(b) a lease has been wholly or partly
determined or wholly cancelled, or has
expired; or
(c) a licence has been wholly or partly
20 determined or wholly or partly
cancelled, has been terminated or has
expired; or
(d) an infrastructure licence has been
cancelled or has been terminated; or
25 (e) a pipeline licence has been wholly or
partly determined or wholly or partly
cancelled, or has been terminated--
the Minister may, by written notice served
on the person who was, or is, as the case may
30 be, the permittee, lessee, licensee,
infrastructure licensee or pipeline licensee,
direct the person to do any one or more of
the following--
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(f) to remove or cause to be removed from
the relinquished area all property
brought into that area by any person
engaged or concerned in the operations
5 authorised by the permit, lease, licence,
infrastructure licence or pipeline
licence or to make arrangements that
are satisfactory to the Minister with
respect to the property;
10 (g) to plug or close off, to the satisfaction
of the Minister, all wells made in that
area by any person engaged or
concerned in those operations;
(h) subject to this Part and to the
15 regulations, to make provision, to the
satisfaction of the Minister, for the
conservation and protection of the
natural resources in that area;
(i) to make good, to the satisfaction of the
20 Minister, any damage to the sea-bed or
subsoil in that area caused by any
person engaged or concerned in those
operations.".
(2) In the Principal Act--
25 (a) in section 107(2)--
(i) after "lessee, licensee" (where twice
occurring) insert ", infrastructure
licensee";
(ii) after "licence area" insert
30 ", infrastructure licence area";
(iii) after "lease, licence" insert
", infrastructure licence";
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(b) in section 107(3), for paragraph (c)
substitute--
"(c) in the case of a direction given under
sub-section (2) in respect of--
5 (i) a licence; or
(ii) an infrastructure licence; or
(iii) a pipeline licence--
on or before the first date on which the
licence, infrastructure licence or
10 pipeline licence can be terminated
under this Part.".
10. New section 108 substituted
For section 108 of the Principal Act substitute--
"108. Removal of property etc. by Minister
15 (1) This section applies if--
(a) a permit has been wholly or partly
determined or wholly or partly
cancelled, or has expired; or
(b) a lease has been wholly or partly
20 determined or wholly cancelled, or has
expired; or
(c) a licence has been wholly or partly
determined or wholly or partly
cancelled, has been terminated or has
25 expired; or
(d) an infrastructure licence has been
cancelled or has been terminated; or
(e) a pipeline licence has been wholly or
partly determined or wholly or partly
30 cancelled, or has been terminated.
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(2) If a direction under section 107 has not been
complied with, or an arrangement under that
section has not been carried out, in relation
to the relinquished area--
5 (a) the Minister may do all or any of the
things required by the direction or
arrangement to be done; and
(b) if any property brought into that area by
any person engaged or concerned in the
10 operations authorised by the permit,
lease, licence, infrastructure licence or
pipeline licence has not been removed
in accordance with the direction or
arrangement the Minister may, by
15 instrument published in the Gazette,
direct that the owner or owners of that
property remove it from that area, or
dispose of it to the satisfaction of the
Minister, within the period specified in
20 the instrument.
(3) The Minister must serve a copy of an
instrument published under sub-section
(2)(b) on each person whom he or she
believes to be an owner of the property or
25 any part of it.".
11. Further consequential amendments
In the Principal Act--
(a) in section 113(3)(b), after "lessee, licensee"
insert ", infrastructure licensee";
30 (b) in section 115(1), after "recovery of
petroleum" insert ", operations relating to
the processing or storage of petroleum or the
preparation of petroleum for transport";
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(c) in sections 122(1) and 124, after "lease,
licence" insert ", infrastructure licence";
(d) in section 134(1), after "39" insert ", 59A";
(e) in section 138A(5), after "lease, licence"
5 insert ", infrastructure licence".
12. New section 140A inserted
After section 140 of the Principal Act insert--
"140A. Infrastructure licence fees
There is payable to the Minister by an
10 infrastructure licensee, in respect of each
year of the term of the infrastructure licence,
a fee calculated in accordance with the
regulations.".
13. Time of payment of fees
15 In section 142 of the Principal Act--
(a) after "140" insert ", 140A";
(b) after "permit, licence" (where twice
occurring) insert ", infrastructure licence".
14. Further consequential amendments
20 (1) In the Principal Act--
(a) in section 151U, after paragraph (c) insert--
"(ca) the infrastructure licence area of an
infrastructure licence granted after the
changeover time;";
25 (b) in section 151V(1), after paragraph (c)
insert--
"(ca) the infrastructure licence area of an
infrastructure licence in force
immediately before the changeover
30 time;".
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(2) In section 151W of the Principal Act, after sub-
section (3) insert--
"(3A) The regulations may authorise the Minister
to issue an instrument varying an
5 infrastructure licence in force immediately
before the changeover time for the sole
purpose of relabelling the infrastructure
licence area using geographic co-ordinates
based on the current datum.".
10 (3) In section 151ZA of the Principal Act, in the
definition of "title", after "lease, licence" insert
", infrastructure licence".
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PART 3--OTHER AMENDMENTS
15. Amendment of preamble
In the preamble to the Principal Act omit "And
whereas Australia is a party to the Convention on
5 the Continental Shelf signed at Geneva on 29
April 1958 in which those rights are defined:".
16. New section 2 substituted
For section 2 of the Principal Act substitute--
"2. Transitional provisions
10 The First Schedule has effect.
Note: The First Schedule contains transitional
provisions as a result of amendments made to
this Act.".
17. Definitions and interpretation
15 (1) In section 4(1) of the Principal Act--
(a) insert the following definitions--
' "bank guarantee" means a guarantee
provided by a body that is permitted to
use the expression "bank" under
20 section 66 of the Banking Act 1959 of
the Commonwealth;
"datum" means a reference frame for
defining geographic co-ordinates;
Note: If the position on the surface of the Earth
25 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-
30 ordinate.
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"geographic co-ordinate" includes--
(a) a meridian of longitude by itself;
and
(b) a parallel of latitude by itself;
5 "interstate Minister" means the Minister of
the Crown in right of a State (other than
Victoria) or of the Northern Territory
who is for the time being authorised
under the law of that State or Territory
10 to perform the functions of a
Designated Authority under the
Petroleum (Submerged Lands) Act
1967 of the Commonwealth;
"the Commonwealth Minister" means the
15 Minister of the Crown in right of the
Commonwealth for the time being
administering the Petroleum
(Submerged Lands) Act 1967 of the
Commonwealth and includes another
20 Minister for the time being acting for
and on behalf of that Minister;
"Victorian Minister" means a Minister of
the Crown in right of Victoria;';
(b) for the definition of "natural resources"
25 substitute--
' "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
30 10 December 1982;';
(c) in the definition of "petroleum", omit "in the
adjacent area";
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(d) in the definition of "pipeline", after
"petroleum" (where first occurring) insert
", whether the petroleum is petroleum
recovered from the adjacent area or not,";
5 (e) in the definition of "pipeline", for
paragraph (d) substitute--
"(d) for conveying petroleum from a well,
wherever located, to a terminal station
in the adjacent area without passing
10 through another terminal station;";
(f) the definition of "the Convention" is
repealed.
(2) In section 4 of the Principal Act--
(a) in sub-section (4) omit "pipeline licence,"
15 where thirdly and fourthly occurring;
(b) sub-section (8) is repealed.
18. New section 6A inserted
After section 6 of the Principal Act insert--
"6A. Act to apply subject to international
20 obligations
The provisions of this Act relating to
pipelines referred to in section 65(2A) have
effect subject to the obligations of Australia
under international law, including
25 obligations under any agreement between
Australia and any other country or
countries.".
19. Discontinuance of Australian Geodetic Datum
Section 8 of the Principal Act is repealed.
30 20. Gender-neutral amendments
In the Principal Act--
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(a) in section 10, for "him" (where twice
occurring) substitute "the Minister";
(b) in section 13, for "him" substitute "the
employee";
5 (c) in section 14(2)(c) omit "his";
(d) in section 16(1)--
(i) for "him" substitute "the Minister";
(ii) for "his" substitute "the Minister's".
21. Graticulation of Earth's surface
10 In section 17 of the Principal Act, at the foot of
sub-section (3) insert--
"Note: For datum, see section 151S.".
22. Exploration for petroleum
(1) For the penalty at the foot of section 19(1) of the
15 Principal Act substitute--
"Penalty: 330 penalty units or imprisonment for
5 years or both, in the case of a natural
person;
1650 penalty units, in the case of a
20 body corporate.".
(2) In section 20(2) of the Principal Act, for "he"
substitute "he or she".
(3) In section 21 of the Principal Act--
(a) in sub-section (1)--
25 (i) paragraph (a) is repealed;
(ii) in paragraph (d)(ii), for "his" substitute
"the applicant's";
(b) in sub-section (4)--
(i) for "him" substitute "the applicant";
30 (ii) for "his" substitute "the applicant's".
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23. New section 21A inserted
After section 21 of the Principal Act insert--
"21A. Where 2 or more applications are made in
respect of the same block or blocks
5 (1) This section applies if 2 or more applications
have been made under section 20 for the
grant of a permit in respect of the same block
or blocks.
(2) The Minister may grant the permit to
10 whichever applicant, in the Minister's
opinion, is most deserving of the grant of the
permit having regard to criteria made
publicly available by the Minister.
(3) For the purposes of sub-section (2), the
15 Minister may rank the applicants in the order
in which they are deserving of the grant, the
most deserving applicant being ranked
highest.
(4) The Minister may exclude from the ranking
20 any applicant that, in the Minister's opinion,
is not deserving of the grant of the permit.
(5) If the Minister is of the opinion that, after
considering the information accompanying
the applications, 2 or more of the applicants
25 are equally deserving of the grant of the
permit, the Minister may, by written notice
served on each of those applicants, invite
them to give to the Minister, within a period
stated in the notice, particulars of the
30 applicant's proposals for additional work and
expenditure in respect of the block or blocks
specified in the application, being particulars
that the Minister considers to be relevant in
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determining which of the applicants is most
deserving of the grant of the permit.
(6) If any particulars are given by applicants to
the Minister in accordance with the
5 invitations contained in the notices served
under sub-section (5), the Minister must
have regard to the particulars in determining
whichever of the applicants is most
deserving of the grant of the permit.".
10 24. Grant or refusal of permit
In section 22(3) and (4) of the Principal Act, for
"him" (wherever occurring) substitute "the
applicant".
25. New sections 22AA, 22AB and 22AC inserted
15 After section 22 of the Principal Act insert--
"22AA. Withdrawal by a joint applicant
If--
(a) an application made under section 20
for the grant of a permit was a joint
20 application; and
(b) all of the joint applicants, by written
notice served on the Minister, tell the
Minister that one or more, but not all,
of them, as specified in the notice,
25 withdraw from the application--
the following paragraphs have effect--
(c) the application continues in force as if
it had been made by the remaining
applicant or applicants;
30 (d) if the Minister had informed the joint
applicants that the Minister was
prepared to grant to the applicants a
permit in respect of the block or blocks
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to which the application relates--the
Minister is taken not to have so
informed the applicants.
22AB. Withdrawal of application
5 The person who has made, or all the persons
who have jointly made, an application under
section 20 for the grant of a permit may, by
written notice served on the Minister,
withdraw the application at any time before a
10 permit is granted in respect of the
application.
22AC. Effect of withdrawal or lapse of application
If--
(a) 2 or more applications have been made
15 under section 20 for the grant of a
permit in respect of the same block or
blocks; and
(b) one or more, but not all, of the
applications are withdrawn or have
20 lapsed--
the following paragraphs have effect--
(c) the withdrawn or lapsed application or
applications are taken not to have been
made;
25 (d) if the Minister had informed the
applicant or one of the applicants
whose application had been withdrawn
or had lapsed that the Minister was
prepared to grant to that applicant a
30 permit in respect of the block or
blocks--the Minister is taken not to
have so informed the applicant
concerned;
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(e) if the applicant or one of the applicants
whose application had been withdrawn
had requested the Minister under
section 22(3) to grant a permit to the
5 applicant concerned--the request is
taken not to have been made;
(f) if the Minister had refused to grant a
permit to the remaining applicant or to
any of the remaining applicants--the
10 refusal or refusals are taken not to have
occurred.".
26. Permits in respect of surrendered etc. blocks
(1) In section 23 of the Principal Act--
(a) in sub-section (4)--
15 (i) paragraph (a) is repealed;
(ii) in paragraph (d) omit "to him";
(b) in sub-section (5)--
(i) for "him" substitute "the applicant";
(ii) for "his" substitute "the applicant's".
20 (2) In section 24(1) of the Principal Act, for
paragraph (b) substitute--
"(b) a deposit of 10% of the amount specified in
the application under section 23(4)(d) or a
bank guarantee for the amount of that
25 deposit.".
(3) In section 24 of the Principal Act, for sub-
section (2) substitute--
"(2) Subject to sub-section (3), if a permit is not
granted on the application--
30 (a) the amount of the deposit must be
refunded to the applicant; or
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(b) the bank guarantee is discharged.".
(4) In section 24(3) of the Principal Act--
(a) omit "to him";
(b) omit ", unless the Minister otherwise
5 determines,".
(5) In the Principal Act--
(a) in section 25(1)--
(i) for "he" substitute "the Minister";
(ii) for "him" substitute "the applicant";
10 (b) in section 25(2)--
(i) in paragraph (b)--
(A) for "he" substitute "the
applicant";
(B) omit "to him";
15 (ii) for "him that he is prepared to grant to
him" substitute "the applicant that the
Minister is prepared to grant to the
applicant";
(c) in section 25(5)(b), for sub-paragraph (ii)
20 substitute--
"(ii) pay the amount, or the balance of the
amount, to be paid in respect of the
grant of the permit to the applicant.";
(d) in section 26(1), for "him" (wherever
25 occurring except in paragraph (b)) substitute
"the applicant";
(e) in section 26(1), for paragraph (b)
substitute--
"(b) pay the amount, or the balance of the
30 amount, to be paid in respect of the
grant of the permit to the applicant.";
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(f) in section 26(2), for paragraph (b)
substitute--
"(b) has not paid the amount, or the balance
of the amount, to be paid in respect of
5 the grant of the permit to the
applicant--";
(g) in section 27, for paragraph (b) substitute--
"(b) has paid the amount, or the balance of
the amount, to be paid in respect of the
10 grant of a permit to the person--".
27. Term of permit
At the end of section 29 of the Principal Act
insert--
"(2) If--
15 (a) a permit in respect of a block or blocks
cannot be renewed or further renewed;
and
(b) before the time when the permit would,
apart from this sub-section, expire, the
20 permittee has duly made an application
to the Minister for the grant of a lease
or licence in respect of the block, or
one or more of the blocks, being a
block or blocks that are included in a
25 location--
the permit continues in force in respect of the
block or blocks to which the application
relates until--
(c) if the Minister tells the permittee that
30 the Minister is prepared to grant to the
permittee a lease or licence in respect
of the block or one or more of the
blocks--such a lease or licence is
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granted, the permittee withdraws the
application or the application lapses; or
(d) if the Minister decides not to grant to
the permittee such a lease--the end of
5 the period of one year after the day of
the service under sub-section 38B(2) or
(2A) of the instrument of notice
refusing to grant the lease; or
(e) if the Minister decides not to grant to
10 the permittee such a licence--notice of
the decision is served on the
permittee.".
28. Renewal of permit
(1) In section 30 of the Principal Act--
15 (a) in sub-section (2), paragraph (a) is repealed;
(b) in sub-section (3), for "he" substitute "he or
she".
(2) In section 31 of the Principal Act--
(a) in sub-section (1)--
20 (i) for "sub-section (3)" substitute "sub-
sections (3), (4), (5) and (6)";
(ii) in paragraph (a), for "two" substitute
"2";
(iii) in paragraph (b), for "four" substitute
25 "4";
(b) in sub-section (3), for "two" substitute "2".
(3) In section 31 of the Principal Act, for sub-sections
(4), (5), (6) and (7) substitute--
"(4) An application cannot be made for the
30 renewal of a permit in respect of only one
block.
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(5) If a permit is in force in respect of 5 or 6
blocks, an application may be made for the
renewal of the permit in respect of 4 of those
blocks.
5 (6) If a permit is in force in respect of 2, 3 or 4
blocks, an application may be made for the
renewal of the permit in respect of all those
blocks.
(7) An application may not be made for the
10 further renewal of a permit that was renewed
as a result of an application referred to in
sub-section (6).".
(4) In section 32 of the Principal Act--
(a) in sub-section (3)--
15 (i) for "he" (wherever occurring except
in paragraph (c)(ii)) substitute
"the Minister";
(ii) in paragraph (a), for "his" substitute
"the Minister's";
20 (iii) in paragraph (c)(ii), for "he" substitute
"the permittee or person";
(iv) in paragraph (d), for "him" substitute
"the Minister";
(b) in sub-section (6), for "him" substitute
25 "the permittee".
29. Discovery of petroleum
In the Principal Act--
(a) in section 34, at the foot of sub-section (1)
insert--
30 "Penalty: 110 penalty units, in the case of a
natural person;
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550 penalty units, in the case of a
body corporate.";
(b) in section 34, sub-sections (2) and (3) are
repealed;
5 (c) section 35 is repealed.
30. Declaration of location
In section 37 of the Principal Act, after sub-
section (6) insert--
"(7) The Minister may form an opinion for the
10 purposes of this section if he or she considers
that there are reasonable grounds for forming
the opinion having regard to any information
in his or her possession, whether provided by
the permittee or otherwise.".
15 31. Application for lease or renewal of lease
(1) In section 38A(2) of the Principal Act,
paragraph (a) is repealed.
(2) In section 38B of the Principal Act, for sub-
section (1) substitute--
20 "(1) If--
(a) an application has been made under
section 38A; and
(b) the applicant has furnished any further
information as and when required by
25 the Minister under section 38A(3); and
(c) the Minister is satisfied that--
(i) the area comprised in the block, or
any one or more of the blocks,
specified in the application
30 contains petroleum; and
(ii) the recovery of petroleum from
that area is not, at the time of the
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application, commercially viable
but is likely to become
commercially viable within
15 years after that time--
5 the Minister must, by instrument in writing
served on the applicant, tell the applicant
that the Minister is prepared to grant to the
applicant a lease in respect of the block or
blocks as to which the Minister is satisfied as
10 mentioned in paragraph (c).".
(3) In section 38B(2) of the Principal Act, for "the
blocks" substitute "the block, or all the blocks,".
(4) In section 38B of the Principal Act, after sub-
section (2) insert--
15 "(2A) If--
(a) an application has been made under
section 38A specifying 2 or more
blocks; and
(b) the Minister is not satisfied as to the
20 matters referred to in sub-section (1)(c)
in relation to one or more, but not all,
of the blocks--
the Minister must, by instrument in writing
served on the applicant, refuse to grant a
25 lease to the applicant in respect of the block
or blocks as to which the Minister is not
satisfied as mentioned in sub-section (1)(c).".
32. New sections 38BB, 38BC and 38BD inserted
After section 38BA of the Principal Act insert--
30 '38BB. Application by licensee for lease
(1) If--
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(a) a licence is in force under section
53(1)(c) or 53(2) in respect of a block
or blocks; and
(b) no operations for the recovery of
5 petroleum are being carried on under
the licence in respect of an area (the
"unused area")--
(i) that consists of, or consists of part
of, the block or blocks; and
10 (ii) in which petroleum has been
found to exist--
the licensee may, within the application
period, apply to the Minister for the grant of
a lease in respect of the unused area.
15 (2) An application under sub-section (1)--
(a) is to be made in an approved manner;
and
(b) is to be accompanied by particulars
of--
20 (i) the proposals of the applicant for
work and expenditure in respect of
the unused area; and
(ii) the commercial viability of the
recovery of petroleum from the
25 unused area at the time of the
application, and particulars of the
possible future commercial
viability of the recovery of
petroleum from that area; and
30 (c) may set out any other matters that the
applicant wishes to be considered; and
(d) is to be accompanied by the prescribed
fee.
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(3) The Minister may, at any time, by written
notice served on the applicant, require the
applicant to give, within the period stated in
the notice, further written information in
5 connection with the application.
(4) The application period in respect of an
application under this section by a licensee is
the period of 5 years that began on--
(a) the day on which the licence was
10 granted; or
(b) if any operations for the recovery of
petroleum have been carried on under
the licence in respect of the unused
area--the last day on which any such
15 operations were so carried on.
38BC. Grant or refusal of lease in relation to
application by licensee
(1) If--
(a) an application has been made under
20 section 38BB; and
(b) the applicant has given any further
information as and when required by
the Minister under section 38BB(3);
and
25 (c) the Minister is satisfied that recovery of
petroleum from the unused area--
(i) is not, at the time of the
application, commercially viable;
and
30 (ii) is likely to become commercially
viable within the period of
15 years after that time--
the Minister must, by written notice served
on the applicant, inform the applicant that
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the Minister is prepared to grant to the
applicant a lease in respect of the unused
area.
(2) If an application has been made under
5 section 38BB and--
(a) the applicant has not given further
information as and when required by
the Minister under section 38BB(3); or
(b) the Minister is not satisfied as to the
10 matters referred to in sub-section (1)(c)
in relation to the unused area--
the Minister must, by written notice served
on the applicant, refuse to grant a lease to the
applicant.
15 (3) A notice under sub-section (1) must
contain--
(a) a summary of the conditions subject to
which the lease is to be granted; and
(b) a statement to the effect that the
20 application will lapse if the applicant
does not make a request under sub-
section (4) in respect of the grant of the
lease.
(4) An applicant on whom a notice has been
25 served under sub-section (1) may, within one
month after the date on which the notice was
served, or within such further period, not
exceeding one month, as the Minister, on
written application made to the Minister
30 before the end of the first-mentioned period
of one month, allows, request the Minister in
writing to grant the lease to the applicant.
(5) If an applicant on whom a notice has been
served under sub-section (1) has made a
35 request under sub-section (4) within the
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period applicable under sub-section (4), the
Minister must grant to the applicant a
retention lease in respect of the unused area.
(6) If an applicant on whom a notice has been
5 served under sub-section (1) has not made a
request under sub-section (4) within the
period applicable under sub-section (4), the
application lapses at the end of that period.
(7) On the day on which a lease granted under
10 this section in respect of an unused area
comes into force, the licence in respect of the
block or blocks of which the area consists or
in which the area is included ceases to be in
force in respect of the area.
15 38BD. Application of sections 38BB and 38BC
where licence is transferred
If--
(a) after an application has been made
under section 38BB(1) in relation to an
20 area consisting of or included in a block
or blocks in respect of which a licence
is in force; and
(b) before a decision has been made by the
Minister under section 38BC(1) or (2)
25 in relation to the application--
a transfer of the licence is registered under
section 78, sections 38BB and 38BC have
effect, after the time of the transfer, as if any
reference in those sections to the applicant
30 were a reference to the transferee.'.
33. Application for renewal of lease
In section 38F(2) of the Principal Act,
paragraph (a) is repealed.
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34. Discovery of petroleum
In the Principal Act--
(a) in section 38J, at the foot of sub-section (1)
insert--
5 "Penalty: 110 penalty units, in the case of a
natural person;
550 penalty units, in the case of a
body corporate.";
(b) in section 38J, sub-sections (2) and (3) are
10 repealed;
(c) section 38K is repealed.
35. Recovery of petroleum without a licence
For the penalty at the foot of section 39 of the
Principal Act substitute--
15 "Penalty: 330 penalty units or imprisonment for
5 years or both, in the case of a natural
person;
1650 penalty units, in the case of a
body corporate.".
20 36. Application for licence
In the Principal Act--
(a) in section 40(2) and (3) of the Principal Act,
for "his" (wherever occurring) substitute
"the permittee's";
25 (b) in section 41--
(i) in sub-section (1), paragraph (a) is
repealed;
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(ii) in sub-section (2), for "require him to
furnish" substitute "require the
applicant to give";
(c) in section 42(2)--
5 (i) for "he" substitute "the Minister";
(ii) for "him" substitute "the Minister".
37. New section 43 substituted
For section 43 of the Principal Act substitute--
"43. Notification as to grant of licence
10 (1) If--
(a) an application has been made under
section 40 or 40A; and
(b) the applicant has given any further
information as and when required by
15 the Minister under section 41(2); and
(c) the Minister is satisfied that the area
comprised in the block, or any one or
more of the blocks, specified in the
application contains petroleum--
20 the Minister must, by instrument in writing
served on the applicant, tell the applicant
that the Minister is prepared to grant to the
applicant a licence in respect of the block or
blocks as to which the Minister is satisfied as
25 mentioned in paragraph (c).
(2) An instrument under sub-section (1) must--
(a) contain a summary of the conditions
subject to which the licence is to be
granted; and
30 (b) if the instrument relates to a secondary
licence--specify the rate of royalty
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determined by the Minister under
section 42(1); and
(c) contain a statement to the effect that the
application will lapse if the applicant
5 does not make a request under
section 44(1) in respect of the grant of
the licence.
(3) If the Minister decides not to grant to the
applicant a licence in respect of the block, or
10 any of the blocks, specified in the application
because--
(a) the applicant has failed to comply with
a requirement made by the Minister
under section 41(2); or
15 (b) the Minister is not satisfied that the area
comprised in the block, or any of the
blocks, contains petroleum--
the Minister must, by instrument in writing
served on the applicant, tell the applicant of
20 the Minister's decision and the reasons for
the decision.".
38. Grant of licence and variation of licence area
In the Principal Act--
(a) in section 44--
25 (i) in sub-section (1), for "him" (where
twice occurring) substitute "the
applicant";
(ii) in sub-section (2), for "blocks specified
in the application" substitute "block or
30 blocks as to which the Minister is
satisfied as mentioned in section
43(1)(c)";
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(b) in section 45(1), for "the blocks specified in
the application" substitute "such of the
blocks specified in the application as are
blocks as to which the Minister is satisfied as
5 mentioned in section 43(1)(c)".
39. Licences in respect of surrendered etc. blocks
(1) In section 47 of the Principal Act--
(a) in sub-section (2), for paragraph (a)
substitute--
10 "(a) that an applicant is required to specify
an amount that the applicant would be
prepared to pay in respect of the grant
of a licence on the application; or";
(b) in sub-section (2)(b), for "that he would be
15 prepared to pay, if a licence were granted to
him on his application" substitute "that the
applicant would be prepared to pay if a
licence were granted on the application";
(c) in sub-section (3)--
20 (i) for "he" substitute "the Minister";
(ii) for "him" substitute "the Minister";
(d) in sub-section (6), paragraph (a) is repealed;
(e) in sub-section (7)--
(i) for "him" substitute "the applicant";
25 (ii) for "his application" substitute "the
application".
(2) In section 48(1) of the Principal Act, for
paragraph (b) substitute--
"(b) a deposit of 10% of--
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(i) the amount that the applicant has
specified as the amount that the
applicant would be prepared to pay in
respect of the grant of a licence to the
5 applicant on the application; or
(ii) the amount stated by the Minister, in
the instrument by which applications
were invited, as the amount that the
applicant will be required to pay in
10 respect of the grant of a licence--
or a bank guarantee for the amount of that
deposit.".
(3) In section 48 of the Principal Act, for sub-
section (2) substitute--
15 "(2) Subject to sub-section (3), if a licence is not
granted on the application--
(a) the amount of the deposit must be
refunded to the applicant; or
(b) the bank guarantee is discharged.".
20 (4) In section 48(3) of the Principal Act--
(a) omit "to him";
(b) omit ", unless the Minister otherwise
determines,".
(5) In the Principal Act--
25 (a) in section 49(1)--
(i) for "him" (where twice occurring)
substitute "the applicant";
(ii) for "he" substitute "the Minister";
(b) in section 49(2)--
30 (i) for "he" (where first occurring)
substitute "the Minister";
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(ii) for "his application" substitute
"the application";
(c) for "he would" substitute "the applicant
would";
5 (d) in section 49(5)(b)--
(i) in paragraph (b), after "a statement of"
insert "the amount or";
(ii) omit "to him";
(e) in section 49(5)(c), for sub-paragraph (ii)
10 substitute--
"(ii) in a case where the instrument contains
a statement referred to in
paragraph (b)--if the applicant does not
pay the amount, or the balance of the
15 amount, referred to in that statement.";
(f) in section 49(6), for "him" (wherever
occurring except in paragraph (b)) substitute
"the applicant";
(g) in section 49(6), for paragraph (b)
20 substitute--
"(b) if the first-mentioned instrument
contains a statement of an amount or
the balance of an amount that the
applicant will be required to pay in
25 respect of the grant of the licence--pay
that amount or balance.";
(h) in section 49(7), for paragraph (b)
substitute--
"(b) if the instrument contains a statement of
30 an amount or the balance of an amount
that the applicant will be required to
pay in respect of the grant of a
licence--has not paid that amount or
balance--";
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(i) in section 50, for paragraph (b) substitute--
"(b) if the instrument contains a statement of
an amount or the balance of an amount
that the applicant will be required to
5 pay in respect of the grant of a
licence--has paid that amount or
balance--";
(j) in section 50, for "shall grant to him"
substitute "shall grant to the applicant";
10 (k) in section 51--
(i) in sub-section (1), for "him" substitute
"the licensee";
(ii) in sub-section (2), paragraph (a) is
repealed;
15 (iii) in sub-section (5), paragraph (a) is
repealed;
(l) in section 52(a), for "he" substitute
"the licensee".
40. New section 53 substituted and 53A inserted
20 For section 53 of the Principal Act substitute--
"53. Term of licence
Subject to this Part, a licence remains in
force indefinitely.
53A. Termination of licence if no operations for
25 5 years
(1) If no operations for the recovery of
petroleum under a licence have been carried
on for a continuous period of at least 5 years,
the Minister may, by written notice served
30 on the licensee, inform the licensee that the
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Minister proposes to terminate the licence
after the end of one month after the notice is
served.
(2) At any time after the end of one month after
5 the notice referred to in sub-section (1) is
served on the licensee, the Minister may, by
written notice served on the licensee,
terminate the licence.
(3) In working out, for the purposes of sub-
10 section (1), the duration of the period in
which no operations for the recovery of
petroleum were carried on under a licence,
any period in which no such operations were
carried on because of circumstances beyond
15 the licensee's control is to be disregarded.".
41. Renewal of licences
Sections 54 and 55 of the Principal Act are
repealed.
42. Directions for recovery of petroleum and unit
20 development
In the Principal Act--
(a) in section 58(1) and (3) for "he" substitute
"he or she";
(b) in section 59(3)--
25 (i) for "his" substitute "his or her";
(ii) for "him" substitute "him or her";
(c) in section 59(4), for "him" substitute
"the Minister";
(d) in section 59(7), for "he" substitute
30 "the Minister";
(e) in section 59(8)--
(i) for "he" substitute "he or she";
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(ii) for "him" substitute "the Minister";
(f) in section 59(11), for "him" substitute
"him or her".
43. Pipeline licences
5 (1) In section 60 of the Principal Act--
(a) at the foot of sub-section (1) insert--
"Penalty: 330 penalty units or imprisonment
for 5 years or both, in the case of a
natural person;
10 1650 penalty units, in the case of a
body corporate.";
(b) sub-sections (2) and (3) are repealed.
(2) In section 60 of the Principal Act, for sub-
section (4) substitute--
15 "(4) A person must not, in the adjacent area,
commence to operate a pipeline unless--
(a) it has been constructed and tested in
accordance with a pipeline licence; and
(b) the Minister has certified in writing that
20 he or she is satisfied that the pipeline
has been so constructed and tested and
is fit to be operated.
Penalty: 330 penalty units or imprisonment
for 5 years or both, in the case of a
25 natural person;
1650 penalty units, in the case of a
body corporate.".
(3) In section 60 of the Principal Act--
(a) in sub-section (5) omit ", a secondary line or
30 a water line,";
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(b) at the foot of sub-section (5) insert--
"Penalty: 330 penalty units or imprisonment
for 5 years or both, in the case of a
natural person;
5 1650 penalty units, in the case of a
body corporate.";
(c) in sub-section (6), for "he" (where twice
occurring) substitute "he or she";
(d) omit the penalty at the foot of sub-
10 section (6).
(4) In the Principal Act--
(a) in section 61(a)--
(i) omit ", water line, pumping station,
tank station, valve station or secondary
15 line" (where twice occurring);
(ii) for "him" substitute "the person";
(b) in section 62(1)--
(i) omit ", water line, pumping station,
tank station, valve station or secondary
20 line" (wherever occurring);
(ii) for "him" substitute "that person";
(c) in section 62(2), omit ", water line, pumping
station, tank station, valve station or
secondary line" (wherever occurring);
25 (d) in section 62(3), for "him" substitute
"the person".
(5) In section 64 of the Principal Act--
(a) in sub-section (1)--
(i) after "licence" (where first occurring)
30 insert ", whether or not that licence is
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for the conveyance of petroleum
recovered from an area within the
adjacent area";
(ii) paragraph (a) is repealed;
5 (iii) in paragraph (c)(iv), for "his"
substitute "the applicant's";
(b) in sub-section (2)--
(i) in paragraph (a), for "the licensee"
substitute 'the registered holder of the
10 production licence for that area ("the
licensee")';
(ii) for "him" substitute "the licensee or
pipeline operator";
(c) in sub-section (3), for paragraph (a)
15 substitute--
"(a) a notice is published in the Gazette of
an application by a person other than
the registered holder of the production
licence for a licence area for a pipeline
20 licence in respect of the construction of
the pipeline for the conveyance of
petroleum recovered in that area; and";
(d) in sub-section (4)--
(i) for "this section, require him"
25 substitute "sub-section (1), require the
person";
(ii) for "his application" substitute "the
application".
(6) In section 65 of the Principal Act, for sub-
30 section (1) substitute--
"(1) Where a person makes an application in
accordance with section 64 for a pipeline
licence in respect of the construction in the
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adjacent area of a pipeline for the
conveyance of petroleum recovered in a
licence area, the Minister may, if--
(a) that person is not the registered holder
5 of the production licence for that
licence area; and
(b) the application has not been rejected
under section 64(3)--
inform the person, by instrument in writing
10 served on the person, that the Minister is
prepared to grant the person a pipeline
licence.".
(7) In section 65(2) of the Principal Act--
(a) for "the licensee" (where twice occurring)
15 substitute 'the registered holder of the
production licence for that licence area ("the
licensee")';
(b) for "the licence" (where twice occurring)
substitute "the production licence for that
20 licence area".
(8) In section 65 of the Principal Act, after sub-
section (2) insert--
"(2A) If a person makes an application in
accordance with section 64 for a pipeline
25 licence in respect of the construction in the
adjacent area of a pipeline for the
conveyance of petroleum recovered from a
place beyond the outer limits of the adjacent
area, the Minister may inform the person, by
30 instrument in writing served on the person,
that the Minister is prepared to grant the
person a pipeline licence.".
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(9) In section 65 of the Principal Act--
(a) in sub-section (3)--
(i) for "the licensee" (where twice
occurring) substitute 'the registered
5 holder of the production licence for that
licence area ("the licensee")';
(ii) in paragraph (a), for "the licence"
substitute "the production licence";
(b) in sub-section (4)--
10 (i) for "to a licensee" substitute 'for the
conveyance of petroleum recovered in a
licence area to the registered holder of
the production licence for that licence
area ("the licensee")';
15 (ii) for "he" (wherever occurring except in
paragraph (c)(ii)) substitute "the
Minister";
(iii) in paragraph (a), for "his" substitute
"the Minister's";
20 (iv) in paragraph (c)(ii), for "he" substitute
"the licensee or person";
(v) in paragraph (d), for "him" substitute
"the Minister";
(c) in sub-section (5)--
25 (i) for "the licensee" substitute "the
registered holder of the production
licence for a licence area";
(ii) for "a licence area" (where first
occurring) substitute "that licence
30 area";
(d) in sub-sections (7), (8), (9), (10) and (11), for
"sub-section (1) or (2)" substitute
"sub-section (1), (2) or (2A)";
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(e) in sub-section (9), for "him" (where twice
occurring) substitute "the person".
44. Term of pipeline licences
In section 67 of the Principal Act, for sub-
5 section (1) substitute--
"(1) Subject to this Part, a pipeline licence
remains in force indefinitely.".
45. New section 67A inserted
After section 67 of the Principal Act insert--
10 "67A. Termination of pipeline licence if no
operations for 5 years
(1) If a pipeline licensee--
(a) has not carried out any construction
work under the pipeline licence for a
15 continuous period of at least 5 years;
and
(b) has not used the pipeline or part of the
pipeline for a continuous period of at
least 5 years--
20 the Minister may, by written notice served
on the pipeline licensee, inform the pipeline
licensee that the Minister proposes to
terminate the pipeline licence, or to
terminate the pipeline licence in respect of
25 the part of the pipeline, as the case may be,
after the end of one month after the notice is
served.
(2) At any time after the end of one month after
the notice referred to in sub-section (1) is
30 served on the pipeline licensee, the Minister
may, by written notice served on the pipeline
licensee, terminate the pipeline licence or
terminate the pipeline licence in respect of
the part of the pipeline, as the case may be.
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(3) In working out, for the purposes of sub-
section (1), the duration of the period in
which a pipeline licensee did not carry out
any construction work under the pipeline
5 licence or did not use the pipeline or a part of
the pipeline, any period in which
construction work was not carried out, or the
pipeline or part of the pipeline was not used,
because of circumstances beyond the
10 pipeline licensee's control is to be
disregarded.".
46. Renewal, conditions and variation of pipeline licences
and ceasing to operate pipeline
In the Principal Act--
15 (a) sections 68 and 69 are repealed;
(b) in section 70, sub-section (3) is repealed;
(c) in section 71(2), paragraph (a) is repealed;
(d) in section 71(3)--
(i) for "him" substitute "the person";
20 (ii) for "his application" substitute
"the application";
(e) in section 71(4), for "he" substitute
"the person";
(f) in section 71(5)--
25 (i) for "him" substitute "the Minister";
(ii) for "he" substitute "he or she";
(g) in section 72(1)--
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(i) in paragraph (b), for "his" substitute
"the Minister's";
(ii) omit ", or of a water line, pumping
station, tank station, valve station or
5 secondary line";
(h) in section 72, for the penalty at the foot of
sub-section (2) substitute--
"Penalty: 330 penalty units or imprisonment
for 5 years or both, in the case of a
10 natural person;
1650 penalty units, in the case of a
body corporate.".
(i) in section 74, for the penalty at the foot of
sub-section (1) substitute--
15 "Penalty: 330 penalty units or imprisonment
for 5 years or both, in the case of a
natural person;
1650 penalty units, in the case of a
body corporate.".
20 47. Registration of instruments
In the Principal Act--
(a) in section 75, for "him" substitute "him or
her";
(b) in section 76(2), paragraph (c) is repealed;
25 (c) in section 79--
(i) in sub-section (1), for "his" substitute
"the person's";
(ii) in sub-section (2), for "he" substitute
"he or she";
30 (d) in section 82, for the penalty at the foot of
sub-section (1) substitute--
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"Penalty: 110 penalty units, in the case of a
natural person;
550 penalty units, in the case of a
body corporate.";
5 (e) in section 83--
(i) for "his" substitute "his or her";
(ii) omit "with him";
(f) in section 84(1), for "him" substitute
"the Minister";
10 (g) in section 84, for the penalty at the foot of
sub-section (2) substitute--
"Penalty: 55 penalty units, in the case of a
natural person;
275 penalty units, in the case of a
15 body corporate.";
(h) in section 85--
(i) in sub-section (1), for "him" (where
twice occurring) substitute
"the Minister";
20 (ii) in sub-section (2), for "him" substitute
"the person";
(i) in section 85, for the penalty at the foot of
sub-section (2) substitute--
"Penalty: 55 penalty units, in the case of a
25 natural person;
275 penalty units, in the case of a
body corporate.";
(j) in section 87--
(i) omit "with him";
30 (ii) for "his" (where twice occurring)
substitute "his or her";
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(k) in section 89, for "his" (where twice
occurring) substitute "his or her";
(l) for the penalty at the foot of section 90
substitute--
5 "Penalty: 55 penalty units, in the case of a
natural person;
275 penalty units, in the case of a
body corporate.".
48. Exemption from duty
10 In section 93 of the Principal Act, for "Stamps
Act 1958" substitute "Duties Act 2000".
49. Notice of grants to be published
In section 94 of the Principal Act--
(a) for "he" substitute "he or she";
15 (b) for paragraph (a) substitute--
"(a) the grant of a permit, lease, licence or
pipeline licence; and
(aa) the renewal of a permit or lease; and";
(c) at the end of paragraphs (b), (c) and (d)
20 insert "and";
(d) for paragraph (e) substitute--
"(e) an application for a pipeline licence or
for a variation of a pipeline licence;
and"
25 (e) for paragraph (g) substitute--
"(g) the expiry of a permit or lease, or the
termination of a licence or pipeline
licence--".
50. Failing to commence works and work practices
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In the Principal Act--
(a) in section 96(2)--
(i) for "he" substitute "he or she";
(ii) for "him" (where twice occurring)
5 substitute "the permittee, lessee,
licensee or pipeline licensee";
(b) in section 96, for the penalty at the foot of
sub-section (3) substitute--
"Penalty: 110 penalty units, in the case of a
10 natural person;
550 penalty units, in the case of a
body corporate.";
(c) in section 97(7), for "he" substitute
"the person or defendant";
15 (d) in section 97, for the penalty at the foot of
sub-section (7) substitute--
"Penalty: 110 penalty units, in the case of a
natural person;
550 penalty units, in the case of a
20 body corporate.";
(e) in section 98(2), for "he" substitute
"the operator";
(f) in section 98, insert the following penalty at
the foot of sub-section (2)--
25 "Penalty: 110 penalty units, in the case of a
natural person;
550 penalty units, in the case of a
body corporate.";
(g) in section 98(3), for "he" substitute
30 "the operator";
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(h) in section 98, insert the following penalty at
the foot of sub-section (3)--
"Penalty: 110 penalty units, in the case of a
natural person;
5 550 penalty units, in the case of a
body corporate.";
(i) in section 98, omit the penalty at the foot of
sub-section (4).
51. Drilling near boundaries
10 Section 100 of the Principal Act is repealed.
52. Directions and exemptions
(1) In section 101 of the Principal Act--
(a) for the penalty at the foot of sub-
sections (2A), (2B) and (2C) substitute--
15 "Penalty: 55 penalty units, in the case of a
natural person;
275 penalty units, in the case of a
body corporate.";
(b) in sub-section (6), for "157(2A)" substitute
20 "152(2A)";
(c) for the penalty at the foot of sub-section (7)
substitute--
"Penalty: 110 penalty units, in the case of a
natural person;
25 550 penalty units, in the case of a
body corporate.".
(2) In section 102(3) of the Principal Act, for "he"
substitute "the person or defendant".
(3) In section 103 of the Principal Act--
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(a) in sub-section (1), for paragraph (a)
substitute--
"(a) a permit or lease is, under this Part, to
be taken to continue in force until the
5 Minister grants, or refuses to grant, the
renewal of the permit or lease; or";
(b) in sub-section (3), for "he" substitute "he or
she".
53. New section 103A inserted
10 After section 103 of the Principal Act insert--
"103A. Suspension of rights conferred by permit or
lease
(1) Where the Minister is satisfied that it is
necessary to do so in the interest of the State,
15 he or she shall, by instrument in writing
served on the permittee or lessee, suspend,
either for a specified period or indefinitely,
all or any of the rights conferred by the
permit or lease.
20 (2) Where any rights are suspended in
accordance with sub-section (1), any
conditions required to be complied with in
the exercise of those rights are also
suspended.
25 (3) The Minister may, by instrument in writing
served on the permittee or lessee, terminate a
suspension of rights under sub-section (1).
(4) Where rights conferred by a permit or lease
are suspended in accordance with sub-
30 section (1), the Minister may, by the
instrument of suspension or by a later
instrument in writing served on the permittee
or lessee, extend the term of the permit or
lease by a period not exceeding the period of
35 suspension.".
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54. Surrender, cancellation of permits etc.
(1) In section 104 of the Principal Act--
(a) in sub-section (1) omit ", at any time,";
(b) in sub-section (2)--
5 (i) for "his" substitute "his or her";
(ii) in paragraph (a), for "him" substitute
"the registered holder";
(c) in sub-section (3)--
(i) for "his" substitute "his or her";
10 (ii) for "he" substitute "the Minister".
(2) In section 104 of the Principal Act, after sub-
section (3) insert--
"(3A) If--
(a) an application for consent to surrender
15 an instrument relates to a permit
granted under section 22 or such a
permit renewed under section 32; and
(b) a condition of the permit requires the
registered holder to carry out specified
20 work during a period specified in the
permit; and
(c) the application is made during such a
period--
the registered holder of the permit has not
25 complied with the condition, for the
purposes of this section, unless the registered
holder has completed the work specified for
the period during which the application was
made.
30 Example
A permit granted under section 22 has a 6 year term
and is subject to--
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(a) a condition that requires the registered holder,
during each year of the term of the permit, to
carry out the work specified in the permit for
the year concerned; and
5 (b) a condition that requires the registered holder to
carry out the work specified for the first 3 years
of the term of the permit before the end of the
third year.
If the registered holder of the permit applies for
10 consent to surrender the permit during the second
year of the term of the permit and the holder has
completed the specified work for the first and second
years of the permit, but has not completed the work
specified for the third year, the holder has not
15 complied with the condition mentioned in
paragraph (b).
If the registered holder of the permit applies for
consent to surrender the permit during the fourth year
of the term of the permit and the registered holder has
20 not completed the work specified for the fourth year,
the holder has not complied with the condition
mentioned in paragraph (a).".
(3) In section 105(1) of the Principal Act, for "him"
(where twice occurring) substitute "the permittee,
25 lessee, licensee or pipeline licensee".
(4) In section 105(2) of the Principal Act--
(a) in paragraph (a)--
(i) for "he" substitute "the Minister";
(ii) for "his" substitute "the Minister's";
30 (b) in paragraph (b), for "he" (where twice
occurring) substitute "the Minister";
(c) in paragraph (c)--
(i) for "he" (where first occurring)
substitute "the Minister";
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(ii) for "he" (where secondly occurring)
substitute "the permittee, lessee,
licensee, pipeline licensee or person";
(d) in paragraph (d)--
5 (i) for "he" substitute "the Minister";
(ii) for "him" substitute "him or her".
55. Removal of property by permittee
(1) In section 107(2) of the Principal Act, for "him"
substitute "the permittee, lessee, licensee or
10 pipeline licensee".
(2) In section 107 of the Principal Act, for sub-
section (3) substitute--
"(3) A person to whom a direction is given under
sub-section (1) or (2) shall comply with the
15 direction--
(a) in the case of a direction given under
sub-section (1)--within the period
specified in the instrument by which the
direction was given; or
20 (b) in the case of a direction given under
sub-section (2) in respect of--
(i) a permit; or
(ii) a lease--
on or before the date of expiration of
25 the permit or lease; or
(c) in the case of a direction given under
sub-section (2) in respect of--
(i) a licence; or
(ii) a pipeline licence--
30 on or before the first date on which the
licence or pipeline licence can be
terminated under this Part.
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Penalty: 110 penalty units, in the case of a
natural person;
550 penalty units, in the case of a
body corporate.".
5 56. Repeal of instalment payment facility for cash bidding
Sections 109 and 110 of the Principal Act are
repealed.
57. Special prospecting authority, access authority and
sale of property
10 (1) In the Principal Act--
(a) in section 111(2), paragraph (a) is repealed;
(b) in section 111, for the penalty at the foot of
sub-section (9) substitute--
"Penalty: 110 penalty units, in the case of a
15 natural person;
550 penalty units, in the case of a
body corporate.";
(c) in section 112--
(i) in sub-section (1), for "him" substitute
20 "the permittee, lessee or licensee";
(ii) in sub-section (2), paragraph (a) is
repealed;
(d) in section 112(3)(a)--
(i) for "he" substitute "he or she";
25 (ii) for "him" substitute "the permittee,
lessee, licensee or holder";
(e) in section 112(4)--
(i) for "The Minister shall not" substitute
"Subject to sub-section (4AA), the
30 Minister shall not";
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(ii) for "he" (wherever occurring except in
paragraph (c)(ii)) substitute "the
Minister";
(iii) in paragraph (a), for "his" substitute
5 "the Minister's";
(iv) in paragraph (c)(ii), for "him"
substitute "the person";
(v) in paragraph (d), for "him" substitute
"the Minister".
10 (2) In section 112 of the Principal Act, after sub-
section (4) insert--
"(4AA) Sub-section (4) does not apply if the holder
of the permit, lease, licence or special
prospecting authority has consented in
15 writing to the grant of the access authority.".
(3) In section 112 of the Principal Act--
(a) for the penalty at the foot of sub-section (10)
substitute--
"Penalty: 110 penalty units, in the case of a
20 natural person;
550 penalty units, in the case of a
body corporate.";
(b) in sub-section (11), for "he" substitute "the
holder";
25 (c) for the penalty at the foot of sub-section (11)
substitute--
"Penalty: 55 penalty units, in the case of a
natural person;
275 penalty units, in the case of a
30 body corporate.".
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(4) In section 113 of the Principal Act--
(a) for "he" (wherever occurring) substitute
"the Minister";
(b) in sub-section (2), for "him" (wherever
5 occurring) substitute "the Minister".
58. Requirement to furnish information
(1) In section 115(1) of the Principal Act--
(a) for "he" substitute "the Minister";
(b) for "him" (where twice occurring) substitute
10 "the Minister".
(2) In section 115(2) of the Principal Act--
(a) for "him or make him" substitute "the
person or make the person";
(b) omit ", but the information so furnished or
15 his answer to the question is not admissible
in evidence against him in proceedings other
than proceedings for an offence against
section 117".
(3) In section 115 of the Principal Act, after sub-
20 section (2) insert--
"(3) However, any information furnished, answer
given or document produced pursuant to the
requirement, and any information or thing
(including any document) obtained as a
25 direct or indirect consequence of the
furnishing of the information, the answering
of the question or the production of the
document, as the case may be, is not
admissible in evidence against the person in
30 any civil proceedings or in any criminal
proceedings other than proceedings for an
offence against section 117.".
(4) In section 116 of the Principal Act--
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(a) in sub-section (1), for "him" substitute "the
Minister or inspector";
(b) in sub-section (2)--
(i) for "he" (where first occurring)
5 substitute "the person";
(ii) for "he" (where secondly and thirdly
occurring) substitute "he or she";
(iii) for "him" substitute "him or her".
(5) In section 117 of the Principal Act--
10 (a) paragraph (a), for "he" substitute
"the person";
(b) for "his" (where twice occurring) substitute
"the person's".
(6) For the penalty at the foot of section 117 of the
15 Principal Act substitute--
"Penalty: 110 penalty units, in the case of a
natural person;
550 penalty units, in the case of a body
corporate.".
20 59. Release of information
Section 118 of the Principal Act is repealed.
60. Safety zones
In section 119(3) of the Principal Act, for "a fine
not exceeding $100 000 or imprisonment for a
25 term not exceeding ten years, or both" substitute
"a fine not exceeding 660 penalty units or
imprisonment for a term not exceeding 10 years,
or both, in the case of a natural person or a fine
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not exceeding 3300 penalty units in the case of a
body corporate".
61. Discovery and use of water, survey of wells etc., and
record keeping
5 In the Principal Act--
(a) for the penalty at the foot of section 120
substitute--
"Penalty: 110 penalty units, in the case of a
natural person;
10 550 penalty units, in the case of a
body corporate.";
(b) section 121 is repealed;
(c) in section 122, for the penalty at the foot of
sub-section (2) substitute--
15 "Penalty: 110 penalty units, in the case of a
natural person;
550 penalty units, in the case of a
body corporate.".
62. Interference with other rights
20 For the penalty at the foot of section 124 of the
Principal Act substitute--
"Penalty: 110 penalty units, in the case of a
natural person;
550 penalty units, in the case of a body
25 corporate.".
63. New section 124A inserted
After section 124 of the Principal Act insert--
'124A. Interfering with offshore petroleum
installation or operations
30 (1) A person must not intentionally or
recklessly--
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(a) cause damage to, or interfere with, any
structure or vessel in the adjacent area
that is, or is to be, used in exploring for,
recovering, processing, storing,
5 preparing for transport, or transporting,
petroleum; or
(b) interfere with any operations or
activities being carried out, or any
works being executed, on, or by means
10 of, or in connection with, such a
structure or vessel.
Penalty: 660 penalty units or imprisonment
for 10 years or both, in the case of
a natural person;
15 3300 penalty units, in the case of a
body corporate.
(2) In this section--
"structure" means any fixed, moveable or
floating structure or installation and
20 includes a pipeline, pumping station,
tank station or valve station.'.
64. Inspectors
(1) In section 125 of the Principal Act--
(a) in sub-section (2), for "he" substitute "the
25 inspector";
(b) in sub-section (3), for "him" substitute "him
or her";
(c) for the penalty at the foot of sub-section (3)
substitute--
30 "Penalty: 5½ penalty units.".
(2) In section 126 of the Principal Act--
(a) in sub-section (1)--
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(i) for "him" substitute "him or her";
(ii) for "his" (wherever occurring)
substitute "his or her";
(iii) in paragraph (a), after "operations for
5 the recovery of petroleum" insert
", operations relating to the processing
or storage of petroleum, or the
preparation of petroleum for transport";
(b) in sub-sections (2) and (3), for "his"
10 substitute "the inspector's";
(c) for the penalty at the foot of sub-section (3)
substitute--
"Penalty: 55 penalty units.".
65. Enforcement, offences, forfeiture and service
15 In the Principal Act--
(a) in section 128(1), for "he" substitute "he or
she";
(b) in section 131--
(i) in sub-sections (1) and (2), for "his"
20 substitute "the person's";
(ii) in sub-section (3), for "$10 000"
substitute "110 penalty units";
(c) in section 135, for "his" substitute "his or
her";
25 (d) in section 138--
(i) for "his" substitute "the person's";
(ii) for "he" (where twice occurring)
substitute "the person".
66. Areas to be avoided and safety zones
30 In the Principal Act--
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(a) in section 151D(1), after "or both" insert
", in the case of a natural person or a fine not
exceeding $250 000 in the case of a body
corporate";
5 (b) in section 151E(2), for "a fine not exceeding
$5000" substitute "a fine not exceeding
55 penalty units in the case of a natural
person or a fine not exceeding 275 penalty
units in the case of a body corporate".
10 67. New Parts IIIA and IIIB inserted
After Part III of the Principal Act insert--
'PART IIIA--RELEASE OF INFORMATION
Division 1--Preliminary
151H. Definitions
15 (1) In this Part--
"applicable document" means--
(a) an application made after the
commencement of this Part to the
Minister under this Act; or
20 (b) a document accompanying such
an application; or
(c) a report, return or other document
relating to a block that has been
given after the commencement of
25 this Part to the Minister under this
Act;
"confidential information" has the
meaning given by sub-section (3);
"contested information" has the meaning
30 given by sub-section (4);
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"derivative information" has the meaning
given by sub-section (2);
"documentary information" means
information contained in an applicable
5 document;
"excluded information" means--
(a) derivative information; or
(b) confidential information; or
(c) particulars of--
10 (i) the technical qualifications
of an applicant for a
petroleum mining
instrument; or
(ii) the technical advice
15 available to such an
applicant; or
(iii) the financial resources
available to such an
applicant;
20 "notice inviting objections to the
disclosure of information" has the
meaning given by sub-section (5);
"petroleum mining instrument" means a
permit, lease, licence, infrastructure
25 licence, pipeline licence, special
prospecting authority or access
authority;
"petroleum mining sample" means a core
or cutting from, or a sample of, the
30 sea-bed or subsoil, or a sample of
petroleum recovered, that has been
given at any time, whether before or
after the commencement of this Part, to
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the Minister and includes a portion of
such a core, cutting or sample;
"seismic data grid scaled in time" means a
series of vertical cross-sections of a
5 3-dimensional processed image of
geological strata, being cross-sections
that form a grid of which--
(a) one direction is along the
direction of surveying; and
10 (b) the other direction is at right
angles to the direction mentioned
in paragraph (a); and
(c) the interstices are--
(i) 2 kilometres in length by
15 2 kilometres in breadth; or
(ii) such other length and
breadth as are prescribed.
(2) Documentary information is "derivative
information" if--
20 (a) both of the following sub-paragraphs
apply--
(i) the person who gave the
information to the Minister told
the Minister in writing when the
25 information was so given that the
person classified the information
as a conclusion drawn wholly or
partly from, or an opinion based
wholly or partly on, other
30 documentary information;
(ii) the Minister did not, within
30 days after receiving the
information, tell the person in
writing that the Minister disagreed
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with the person's classification of
the information and serve on the
person a written notice inviting
objections to the disclosure of the
5 information; or
(b) the Minister considers the information
to be a conclusion drawn wholly or
partly from, or an opinion based wholly
or partly on, other documentary
10 information.
(3) Documentary information given by a person
to the Minister is "confidential
information" if--
(a) both of the following sub-paragraphs
15 apply--
(i) the person who gave the
information to the Minister told
the Minister in writing when the
information was so given that the
20 person classified the information
as a trade secret or as other
information the disclosure of
which would, or could reasonably
be expected to, adversely affect
25 the person in respect of the
person's lawful business,
commercial or financial affairs;
(ii) the Minister did not, within
30 days after receiving the
30 information, tell the person in
writing that the Minister disagreed
with the person's classification of
the information and serve on the
person a written notice inviting
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objections to the disclosure of the
information; or
(b) the Minister considers the information
to be a trade secret, or otherwise to be
5 information the disclosure of which
would, or could reasonably be expected
to, adversely affect the person in
respect of the person's lawful business,
commercial or financial affairs.
10 (4) Documentary information given by a person
to the Minister is "contested information"
if--
(a) the person who gave the information to
the Minister told the Minister in writing
15 when the information was so given that
the person classified the information
as--
(i) a conclusion drawn wholly or
partly from, or an opinion based
20 wholly or partly on, other
documentary information; or
(ii) a trade secret, or other information
the disclosure of which would, or
could reasonably be expected to,
25 adversely affect the person in
respect of the person's lawful
business, commercial or financial
affairs; and
(b) the Minister, within 30 days after
30 receiving the information, told the
person in writing that the Minister
disagreed with the person's
classification of the information and
served on the person a written notice
35 inviting objections to the disclosure of
the information.
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(5) A "notice inviting objections to the
disclosure of information" is a notice--
(a) stating that the person serving the
notice proposes at a future time to make
5 the information publicly known or
available; and
(b) inviting the person who gave the
information to the Minister to give to
the person serving the notice, on or
10 before a day specified in the notice,
being a day not earlier than 45 days
after the notice was served, a notice--
(i) objecting to the information, or a
specified part of the information,
15 being publicly known or made
available on the ground that the
information or the part of the
information is a trade secret or
would, or could reasonably be
20 expected to, adversely affect the
person in respect of the person's
lawful business, commercial or
financial affairs; or
(ii) objecting to the information or a
25 specified part of the information
being publicly known or made
available before the end of 5 years
after the information was given to
the Minister on the ground that the
30 information or the part of the
information is a conclusion drawn
wholly or partly from, or an
opinion based wholly or partly on,
other documentary information;
35 and
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(c) stating that, if the person does not make
an objection in accordance with the
invitation, the information can be made
publicly known or made available
5 under this Part.
(6) For the purposes of this Part--
(a) cores and cuttings, well data, logs,
sample descriptions and other
documents, relating to the drilling of a
10 well, are taken to have been given to
the Minister not later than one month
after the drilling of the well was, in the
Minister's opinion, substantially
completed; and
15 (b) geophysical or geochemical data
relating to geophysical or geochemical
surveys are taken to have been given to
the Minister not later than one year
after the geophysical or geochemical
20 field work was, in the Minister's
opinion, substantially completed.
151I. Application of Part
This Part applies in respect of--
(a) information given to the Minister after
25 the commencement of this Part; and
(b) petroleum mining samples given to the
Minister at any time whether before or
after the commencement of this Part.
Note: Section 118 of this Act as previously in force
30 continues to apply in respect of information
given to the Minister before the commencement
of this Part (see clause 3 of the First Schedule).
Division 2--Disclosure of Information
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151J. Ministers not to disclose documentary
information or petroleum mining samples
except in accordance with this Part or for
administrative purposes
5 Except as provided by this Part or for the
purposes of the administration of this Act or
the regulations, the Minister, or another
Victorian Minister to whom documentary
information or a petroleum mining sample
10 has been made available under section 151K,
must not--
(a) make publicly known, or make
available to any person (other than
another Victorian Minister, the
15 Commonwealth Minister or an
interstate Minister), any of the
information; or
(b) make publicly known any particulars
of, or permit any person (other than
20 another Victorian Minister, the
Commonwealth Minister or an
interstate Minister) to inspect, the
sample.
151K. Making by Minister of documentary
25 information or petroleum mining samples
available to other Ministers
(1) The Minister may, at any time, make
documentary information or petroleum
mining samples available to another
30 Victorian Minister, the Commonwealth
Minister or an interstate Minister.
(2) Division 3 does not prevent the making of
documentary information available under
this section.
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151L. Disclosure by Minister of information
(other than excluded information) or
petroleum mining samples
(1) Subject to Division 3, at any time after--
5 (a) the grant of, or a refusal to grant, a
permit, lease, licence, infrastructure
licence, pipeline licence, special
prospecting authority or access
authority; or
10 (b) the renewal of, or a refusal to renew, a
permit, lease or licence; or
(c) the extension of, or a refusal to extend,
an access authority--
the Minister may--
15 (d) make publicly known; or
(e) subject to sub-section (4), on request by
a person, make available to the
person--
any information (other than excluded
20 information) contained in, or accompanying,
the application for the grant, renewal or
extension.
(2) Subject to Division 3, at any time after the
relevant day, the Minister may--
25 (a) make publicly known; or
(b) subject to sub-section (4), on request by
a person, make available to the
person--
any documentary information (other than
30 excluded information) given to the Minister
that relates to the sea-bed or subsoil, or to
petroleum, in a block.
Note: For "relevant day" see section 151M.
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(3) At any time after the relevant day, the
Minister may--
(a) make publicly known any particulars
of; or
5 (b) subject to sub-section (4), on request by
a person, permit the person to inspect--
any petroleum mining samples from a block,
being petroleum mining samples given to the
Minister.
10 Note: For "relevant day" see section 151M.
(4) If the Minister requires a person to pay a fee
calculated in accordance with the regulations
before any information is made available to
the person or the person is permitted to
15 inspect any petroleum mining samples, the
Minister must not make the information
available to the person, or permit the person
to inspect the samples, as the case may be,
under this section unless the fee has been
20 paid.
151M. Relevant day after which information or
petroleum mining sample may be disclosed
(1) This section identifies the day (the "relevant
day") after which documentary information
25 may be made publicly known under
section 151L(2), or particulars of a
petroleum mining sample may be made
publicly known, or such a sample may be
permitted to be inspected, under
30 section 151L(3).
(2) If--
(a) a permit or lease is in force in respect
of the block referred to in the sub-
section concerned; and
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(b) the applicable document that
contained the information, or the
sample, as the case may be, referred to
in that sub-section was given to the
5 Minister during the period during
which any of the following was in force
in respect of the block--
(i) the permit or lease;
(ii) if a lease is in force in respect of
10 the block--the permit that ceased
to be in force in respect of the
block because of section 38B(7)
on the day on which the lease
came into force; and
15 (c) sub-section (7) does not apply--
the "relevant day" is the last day of the
period of 2 years that began on the day on
which the document or sample was given to
the Minister.
20 (3) If--
(a) a licence is in force in respect of the
block referred to in the sub-section
concerned; and
(b) the applicable document that
25 contained the information, or the
sample, as the case may be, referred to
in that sub-section was given to the
Minister during the period during
which any of the following was in force
30 in respect of the block--
(i) the licence;
(ii) the permit or lease that ceased to
be in force in respect of the block
because of section 44(5) on the
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day on which the licence came
into force; and
(c) sub-section (7) does not apply--
the "relevant day" is the last day of the
5 period of one year that began on the day on
which the document or sample was given to
the Minister.
(4) If--
(a) the applicable document that
10 contained the information, or the
sample, as the case may be, referred to
in the sub-section concerned was given
to the Minister during a period during
which a permit, lease or licence was in
15 force in respect of the block referred to
in that sub-section; and
(b) either of the following applies--
(i) the permit, lease or licence is
surrendered, cancelled,
20 determined or terminated in
respect of the block;
(ii) the permit, lease or licence expires
but is not renewed in respect of
the block; and
25 (c) sub-section (7) does not apply--
the "relevant day" is the day of the
surrender, cancellation, determination,
termination or expiry, as the case may be,
whether or not another permit, lease or
30 licence is afterwards in force in respect of
the block.
(5) If--
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(a) the applicable document that contained
the information, or the sample, as the
case may be, referred to in the
sub-section concerned was given to the
5 Minister at a time when a permit, lease
or licence was not in force in respect of
the block referred to in that sub-section;
and
(b) neither sub-section (6) nor (7)
10 applies--
the "relevant day" is the day determined by
the Minister, being a day not more than
2 years after the day on which the document
or sample was given to the Minister.
15 (6) If--
(a) the applicable document that contained
the information, or the sample, as the
case may be, referred to in the
sub-section concerned was given to the
20 Minister at a time when a permit, lease
or licence was not in force in respect of
the block referred to in that sub-section;
and
(b) the information or sample was collected
25 for the purpose of the sale of the
information on a non-exclusive basis;
and
(c) sub-section (7) does not apply--
the "relevant day" is the day determined by
30 the Minister, being a day not more than
5 years after the day on which the document
or sample was given to the Minister.
(7) If--
(a) information referred to in the sub-
35 section concerned that was contained
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in the applicable document is a
3-dimensional seismic survey of or
including the block referred to in that
sub-section (whether or not a permit,
5 lease or licence was in force in respect
of the block when the applicable
document that contained the
information was given to the Minister
or is currently in force in respect of the
10 block); and
(b) the information was collected for the
purpose of the sale of the information
on a non-exclusive basis; and
(c) anyone who buys the information is
15 entitled to reprocess it in any way the
buyer thinks fit; and
(d) the person who gave the information to
the Minister also gave to the Minister
as much 2-dimensional information
20 derived from the seismic survey as is
contained in a seismic data grid scaled
in time extending over the length and
breadth of the block--
the "relevant day" is the day determined by
25 the Minister, being a day not more than
8 years after the day on which the document
was given to the Minister.
Note: This sub-section does not identify the relevant
day for 2-dimensional information that is
30 referred to in paragraph (d). The relevant day
for that information is identified by reference to
sub-section (2), (3), (4), (5) or (6), whichever is
applicable.
151N. Disclosure by Minister of documentary
35 information or petroleum mining sample
where prior publication made by holder of
petroleum mining instrument
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(1) This section applies where--
(a) documentary information or a
petroleum mining sample relating to a
block was given to the Minister--
5 (i) during or in respect of a period
during which a permit, lease or
licence was in force in respect of
the block; or
(ii) during or in respect of a period
10 during which a special
prospecting authority or access
authority was in force in respect
of the block but during which no
permit, lease or licence was in
15 force in respect of the block; and
(b) the permittee, lessee, licensee or holder
of the special prospecting authority or
access authority or, if the permit, lease,
licence, special prospecting authority or
20 access authority has ceased to be in
force, the person who was the
permittee, lessee, licensee, holder of the
special prospecting authority or holder
of the access authority--
25 (i) has made any of the information
publicly known or has consented
in writing to any of the
information being made publicly
known; or
30 (ii) has made publicly known, or has
caused to be made publicly
known, any particulars of the
sample or has consented in writing
to any of the particulars of the
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sample being made publicly
known or to the sample being
made available for inspection.
(2) The Minister may, at any time after the
5 information or particulars of the sample have
been made publicly known or the consent
has been given--
(a) in the case of documentary
information--make the information
10 publicly known or, subject to sub-
section (3), on request by a person,
make the information available to the
person; or
(b) in the case of a petroleum mining
15 sample--make particulars of the
sample publicly known or, subject to
sub-section (3), on request by a person,
permit the person to inspect the sample.
(3) The Minister may require a person to pay a
20 fee calculated in accordance with the
regulations before the documentary
information is made available to the person
or the person is permitted to inspect the
petroleum mining sample.
25 (4) If a requirement is made under sub-
section (3), the Minister must not make the
information available to the person, or
permit the person to inspect the sample, as
the case may be, under this section unless the
30 fee has been paid.
(5) Division 3 does not prevent the making of
documentary information publicly known or
available under this section.
151O. Disclosure by Minister of non-confidential
35 derivative information
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The Minister may, at any time after the end
of 5 years after an applicable document was
given to the Minister--
(a) make publicly known; or
5 (b) on request by a person and, if the
Minister so requires, on payment of a
fee calculated in accordance with the
regulations, make available to the
person--
10 any derivative information (other than
confidential information) contained in the
document and relating to the sea-bed or
subsoil, or to petroleum, in a block.
Division 3--Procedures to be Followed in
15 respect of Contested Information
151P. Making and determination of objections to
disclosure
(1) The Minister must not make publicly known
20 or available any contested information unless
the Minister has, within 30 days after the
information was received, served on the
person who gave to the Minister the
document containing the information a
25 notice inviting objections to the disclosure of
the information and--
(a) no objection to the disclosure of the
information is made by the person
within the period specified in the
30 notice; or
(b) if such an objection has been made--
the objection has ceased to be in force.
(2) An objection by a person pursuant to the
notice may be withdrawn by written notice
35 given by the person to the Minister.
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(3) If a person makes an objection pursuant to
the notice, the Minister must, within 45 days
after the day on which the notice of objection
is received--
5 (a) consider the objection and either allow
it wholly or partly or disallow it; and
(b) cause written notice of the decision on
the objection to be served on the
person.
10 (4) A notice of a decision of the Minister on an
objection (other than a decision allowing the
objection wholly) must include a statement
to the effect that, if the person who made the
objection is dissatisfied with the Minister's
15 decision on the objection, the person may, in
accordance with section 151Q(1), request the
Minister to review the decision.
151Q. Review of decisions on objections
(1) A person who--
20 (a) has made an objection to the Minister;
and
(b) is dissatisfied with the Minister's
decision on the objection--
may, by written notice given to the Minister
25 not later than 28 days after the day on which
the notice of the decision is served on the
person, request the Minister to review the
decision.
(2) The request does not have any effect unless
30 the notice making the request sets out the
grounds for making the request.
(3) A request by a person to the Minister for a
review of a decision of the Minister may be
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withdrawn by written notice served by the
person on that Minister.
(4) The Minister must, within 45 days after the
day on which the request was received,
5 review the decision and make a decision--
(a) confirming the decision reviewed; or
(b) revoking the decision reviewed and
substituting another decision for it.
(5) The Minister must, by written notice served
10 on the person who made the request for the
review, tell the person the result of the
review and give reasons for the Minister's
decision on the review.
(6) For the purposes of this Division, an
15 objection by a person to a decision ceases to
be in force--
(a) if the objection is withdrawn--when
the withdrawal of the objection occurs;
or
20 (b) if the objection is not withdrawn--
(i) if a review of the decision is not
duly requested--when a written
notice of the decision is served on
the person; or
25 (ii) if a review of the decision is duly
requested and the request is not
withdrawn--when a written notice
of the decision on the review is
served on the person; or
30 (iii) if a duly made request for a
review of the decision is
withdrawn--when the withdrawal
of the request occurs.
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(7) If the decision on an objection, or, if the
decision is reviewed, the decision on the
review, disallows the objection--
(a) if the disclosure of the information or
5 the part of the information was objected
to solely on a ground referred to in
section 151H(5)(b)(i)--the information
or the part of the information is taken
not to be confidential information and
10 may be made publicly known, or made
available, under--
(i) if the information or the part of
the information is not derivative
information--section 151L(1) or
15 (2), as the case may be; or
(ii) if the information or the part of
the information is derivative
information--section 151O; or
(b) if the disclosure of the information or
20 the part of the information was objected
to solely on the ground referred to in
section 151H(5)(b)(ii) or both on that
ground and on a ground referred to in
section 151H(5)(b)(i)--the information
25 or the part of the information is taken
not to be confidential information or
derivative information and may be
made publicly known, or made
available, under section 151L(1) or (2),
30 as the case may be.
(8) If the decision on an objection, or, if the
decision is reviewed, the decision on the
review, allows the objection wholly or
partly--
35 (a) any information the disclosure of which
was objected to on a ground referred to
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in section 151H(5)(b)(i) (whether or not
the information was also objected to on
the ground referred to in section
151H(5)(b)(ii)) and in respect of which
5 the objection is allowed may not be
made publicly known, or made
available, by the Minister; and
(b) any information the disclosure of which
was objected to solely on the ground
10 referred to in section 151H(5)(b)(ii) and
in respect of which the objection is
allowed is taken to be derivative
information other than confidential
information and may be made publicly
15 known, or made available, under
section 151O; and
(c) any information the disclosure of which
was objected to and in respect of which
the objection is disallowed--
20 (i) if the disclosure of the information
was objected to solely on the
ground referred to in
section 151H(5)(b)(i)--is taken
not to be confidential information
25 and may be made publicly known,
or made available, under
section 151L(1) or (2) (as the case
may be) if it is not derivative
information or under
30 section 151O, if it is derivative
information; or
(ii) if the disclosure of the information
was objected to solely on the
ground referred to in
35 section 151H(5)(b)(ii) or both on
that ground and on the ground
referred to in section
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151H(5)(b)(i)--is taken not to be
confidential information or
derivative information and may be
made publicly known, or made
5 available, under section 151L(1)
or (2), as the case may be.
PART IIIB--DATUMS
151R. Objects
10 The main objects of this Part are--
(a) to maintain the use of the Australian
Geodetic Datum to determine the
position of blocks and certain other
areas; and
15 (b) to enable the position of a point, line,
block or other area to be described, in a
title or other instrument under this Act,
using another datum (but not so as to
change the position of a point, line,
20 block or area).
151S. Australian Geodetic Datum
(1) For the purposes of this Act, the position on
the surface of the Earth of--
(a) a graticular section or block; or
25 (b) an area described in the Third
Schedule; or
(c) an area described in the Sixth
Schedule--
is to be determined by reference to the
30 Australian Geodetic Datum.
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Note: "Australian Geodetic Datum" is defined in
section 151ZA.
(2) Subject to sub-section (3), sub-section (1)
does not apply for the purposes of
5 describing, in a title or other instrument
under this Act, the position on the surface of
the Earth of a point, line or area.
(3) Until a declaration under sub-section
151T(1) takes effect, the Australian Geodetic
10 Datum applies for the purposes of
describing, in a title or other instrument
under this Act, the position on the surface of
the Earth of a point, line or area.
151T. Current datum, previous datum and
15 changeover time
(1) The regulations may declare that, for the
purposes of describing, in a title or other
instrument under this Act, the position on the
surface of the Earth of a point, line or area--
20 (a) a specified datum is the "current
datum"; and
(b) that datum replaces the previous datum.
(2) The "previous datum" is--
(a) if a datum is the first datum declared to
25 be the current datum under sub-
section (1)--the Australian Geodetic
Datum; or
(b) in any other case--the datum that was
the current datum immediately before
30 the changeover time.
(3) The "changeover time" is the time when
the declaration takes effect.
151U. Use of current datum
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For the purposes of this Act, the position on
the surface of the Earth of the following--
(a) the permit area of a permit granted or
renewed after the changeover time;
5 (b) the lease area of a lease granted or
renewed after the changeover time;
(c) the licence area of a licence granted or
renewed after the changeover time;
(d) the area in respect of which a special
10 prospecting authority granted after the
changeover time is in force;
(e) the area in respect of which an access
authority granted after the changeover
time is in force;
15 (f) the route of a pipeline authorised by a
pipeline licence granted after the
changeover time;
(g) a point, line or area set out in any other
instrument under this Act made after
20 the changeover time--
is to be described by reference to the current
datum, and the title or instrument may be
annotated accordingly.
151V. Use of previous datum
25 (1) For the purposes of this Act, the position on
the surface of the Earth of the following--
(a) the permit area of a permit in force
immediately before the changeover
time;
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(b) the lease area of a lease in force
immediately before the changeover
time;
(c) the licence area of a licence in force
5 immediately before the changeover
time;
(d) the area in respect of which a special
prospecting authority in force
immediately before the changeover
10 time is in force;
(e) the area in respect of which an access
authority in force immediately before
the changeover time is in force;
(f) the route of a pipeline authorised by a
15 pipeline licence in force immediately
before the changeover time;
(g) a point, line or area set out in any other
instrument under this Act in force
immediately before the changeover
20 time--
is to be described by reference to the
previous datum.
(2) Sub-section (1) has effect subject to
section 151W.
25 151W. Variation of titles etc.
(1) The regulations may authorise the Minister
to issue an instrument varying a permit in
force immediately before the changeover
time for the sole purpose of relabelling the
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permit area using geographic co-ordinates
based on the current datum.
(2) The regulations may authorise the Minister
to issue an instrument varying a lease in
5 force immediately before the changeover
time for the sole purpose of relabelling the
lease area using geographic co-ordinates
based on the current datum.
(3) The regulations may authorise the Minister
10 to issue an instrument varying a licence in
force immediately before the changeover
time for the sole purpose of relabelling the
licence area using geographic co-ordinates
based on the current datum.
15 (4) The regulations may authorise the Minister
to issue an instrument varying a special
prospecting authority or an access authority
in force immediately before the changeover
time for the sole purpose of relabelling the
20 area in respect of which the authority is in
force using geographic co-ordinates based on
the current datum.
(5) The regulations may authorise the Minister
to issue an instrument varying a pipeline
25 licence in force immediately before the
changeover time for the sole purpose of
relabelling the route of the pipeline using
geographic co-ordinates based on the current
datum.
30 (6) The regulations may authorise the Minister
to issue an instrument varying any other
instrument under this Act that--
(a) sets out a point, line or area; and
(b) is in force immediately before the
35 changeover time--
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for the sole purpose of relabelling the point,
line or area using geographic co-ordinates
based on the current datum.
(7) The regulations may authorise the Minister
5 to issue an instrument varying a title or other
instrument under this Act for the sole
purpose of inserting an annotation about the
applicable datum.
151X. Variation of applications for titles
10 The regulations may authorise the Minister
to issue an instrument varying an application
for a title for the sole purpose of relabelling a
point, line or area by reference to geographic
co-ordinates based on the current datum.
15 151Y. No change to actual position of point, line
or area
This Part does not authorise any change to
the position on the surface of the Earth of a
point, line or area.
20 151Z. Transitional regulations
The regulations may make provision for
matters of a transitional nature arising from
the change from the previous datum to the
current datum.
25 151ZA. Definitions
In this Part--
"Australian Geodetic Datum" means the
Australian Geodetic Datum as defined
in the Commonwealth Government
30 Gazette No. 84 of 6 October 1966;
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"instrument under this Act" does not
include the regulations;
"this Act" includes the regulations;
"title" means a permit, lease, licence,
5 pipeline licence, special prospecting
authority or access authority.'.
68. Regulations
In section 152(4) of the Principal Act--
(a) for paragraph (a) substitute--
10 "(a) a fine not exceeding 110 penalty units
in the case of a natural person or
550 penalty units in the case of a body
corporate; or";
(b) in paragraph (b), for "that amount"
15 substitute "those amounts".
69. New First Schedule substituted
For the First Schedule to the Principal Act
substitute--
"FIRST SCHEDULE
20 Section 2
TRANSITIONAL PROVISIONS
1. Application for renewal of permit
Despite the substitution of sub-section (6) of section 31 by
section 28 of the Petroleum (Submerged Lands)
25 (Amendment) Act 2001, that sub-section as in force
immediately before the commencement of that section 28
continues to apply in respect of the first application after
that commencement for the renewal of a permit that was
granted under this Act before that commencement.
102
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2. Indefinite term for pipeline licences
(1) Section 67(1), as substituted by section 44 of the Petroleum
(Submerged Lands) (Amendment) Act 2001 applies to
pipeline licences in force immediately before the
5 commencement of that section 44 (including pipeline
licences that had been renewed under section 69 as in force
before that commencement or to which section 69(8) as so
in force applied) as well as to pipeline licences granted after
that commencement.
10 (2) A renewal of a pipeline licence that was in force under
section 70 immediately before the repeal of sub-section (3)
of that section continues, subject to Part III, to be subject to
any conditions referred to in that sub-section to which it was
subject immediately before the repeal.
15 3. Release of information
(1) Despite the repeal of section 118 by section 59 of the
Petroleum (Submerged Lands) (Amendment) Act 2001,
section 118 continues to apply in respect of information
given to the Minister before the commencement of that
20 section 59.
(2) Any regulations providing for the calculation of a fee for the
purposes of a provision of section 118 as in force
immediately before its repeal--
(a) continue in force for the purposes of that section as it
25 continues to apply under sub-clause (1); and
(b) also separately continue in force as if they had been
made for the purposes of the corresponding provision
of Part IIIA.
(3) Any regulations in force under sub-clause (2)(a) or (b) may,
30 for the purposes of their application under that sub-clause,
be amended or revoked by regulations made under
section 152.".
70. Outdated Convention removed from Principal Act
The Second Schedule to the Principal Act is
35 repealed.
71. Correction of reference to latitude
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In the Third Schedule to the Principal Act, for
"Latitude 39º 40' 48" South" substitute "Latitude
38º 40' 48" South".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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