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PETROLEUM ACT 1998


TABLE OF PROVISIONS

   PART 1--PRELIMINARY MATTERS

   1.      Purpose  
   2.      Commencement  
   3.      Objectives  
   4.      General definitions  
   5.      Reference provisions  
   6.      Meaning of petroleum  
   7.      Meaning of petroleum exploration  
   8.      Meaning of petroleum production  
   9.      Act binds the Crown  
   10.     Relationship of this Act to certain other Acts  

   PART 2--GENERAL MATTERS

   11.     Application of this Act  
   12.     Minister may exempt land from the application of this Act  
   13.     Petroleum is the property of the Crown  
   14.     Crown retains Crown land petroleum rights  
   15.     Offence to explore for petroleum unless authorised  
   16.     Offence to produce petroleum unless authorised  
   16A.    Offence to carry out hydraulic fracturing  
   17.     Petroleum becomes the property of the person extracting it  
   17A.    Moratorium on petroleum exploration and petroleum production  

   PART 3--EXPLORATION PERMITS

   18.     Rights conferred by permit  
   19.     Minister may invite tender applications for exploration permits  
   20.     Application for permits  
   20A.    Grant of exploration permit  
   20B.    Chief factors to be considered when there is only one application  
   21.     Chief factors to be considered in deciding between competing offers  
   22.     Notice to be given to applicants  
   23.     Minister may make new grant if former grant refused  
   24.     Procedure if initial invitation does not result in the granting of a permit  
   25.     Permit area for exploration permits  
   26.     Term of permit  
   27.     Key objects of work programs  
   28.     Renewal of permit  
   29.     Application for renewal  
   30.     Other factors to be considered in renewing permits  
   31.     Permit not to be renewed if key objects not achieved  
   32.     Renewed permit area to be reduced  
   33.     Key objects of work programs  
   34.     Variation of work programs for renewed permits  
   35.     Minister may give directions if petroleum discovered  

   PART 4--RETENTION LEASES

   36.     Purpose of a retention lease  
   37.     Rights conferred by lease  
   38.     Right to apply for lease  
   39.     Details to be supplied with application  
   40.     Factors determining grant of application  
   41.     Restrictions on area to which lease applies  
   42.     Term of lease  
   43.     Procedure if lease not to be granted  
   44.     Minister may require review of commercial viability  
   45.     Minister may give directions if extraction viable  

   PART 5--PRODUCTION LICENCES

   46.     Rights conferred by licence  
   47.     Right to apply for licence  
   48.     Details to be supplied with application  
   49.     Factors determining grant of application  
   50.     Minister may invite tender applications  
   51.     Applications  
   52.     Procedure for deciding between competing bids  
   53.     Notice to be given to applicants  
   54.     Refund of deposits  
   55.     Minister may make new grant if former grant refused  
   56.     Extension of time in which to make licence payment  
   57.     Minister must not issue licence unless cash bid paid  
   58.     Restrictions on area to which licence applies  
   59.     Term of licence  
   60.     Direction if petroleum not being extracted/recovered to the Minister's satisfaction  
   61.     Form of direction  
   62.     Licence holder must comply with directions  
   63.     Petroleum production development plan  
   64.     Development plan to be lodged before production can start  
   65.     Development plan must be adhered to  
   66.     Minister may require variation of development plan  
   67.     Minister may permit variation of development plan  
   68.     Storage development plan  
   69.     Storage development plan to be lodged before operations can start  
   70.     Storage development plan must be adhered to  
   71.     Minister may require variation of storage development plan  
   72.     Minister may permit variation of development plan  
   73.     Application of this Division  
   74.     Application to excise reservoir from a licence area  
   75.     Minister must seek comments from licence holder  
   76.     Restrictions on ability of Minister to grant application  
   77.     Minister may refer application to advisory panel  
   78.     Procedure if application granted  
   79.     Unit development  
   80.     Consultation concerning unit development must take place if part of pool interstate  
   81.     Minister may amend licence for unit development  
   82.     Meaning of gathering line  
   83.     Minister may exempt gathering line from Pipelines Act  

   PART 6--SPECIAL ACCESS AUTHORISATIONS

   84.     Special access authorisation  
   85.     Application for authorisation  
   86.     General criteria the Minister must consider  
   87.     Criteria that apply to permit, lease and licence areas  
   88.     Exception to section 87  
   89.     Minister may vary area to which authorisation applies  
   90.     Authorisation does not give exclusive rights  
   91.     Term of authorisation  
   92.     Extension of term of authorisation  
   93.     Permit, lease or licence holder not liable for actions of authorisation holder  
   94.     Authorisation holder must give data to the Minister  
   95.     Authorisation holder must give data to permit, lease or licence holder  

   PART 6A--SPECIAL DRILLING AUTHORISATIONS

   95A.    Special drilling authorisation  
   95B.    Application for special drilling authorisation  
   95C.    General criteria the Minister must consider  
   95D.    Criteria that apply to permit, lease and licence areas  
   95E.    Exception to section 95D  
   95F.    Minister may vary area to which authorisation applies  
   95G.    Authorisation does not give exclusive rights  
   95H.    Term of authorisation  
   95I.    Existing permit, lease or licence holder not liable for actions of authorisation holder  
   95J.    Authorisation holder must give data to the Minister  
   95K.    Authorisation holder must give data to permit, lease or licence holder  

   PART 7--PROVISIONS APPLYING TO AUTHORITIES GENERALLY

   96.     Application for authorities  
   97.     Work programs  
   98.     Applications are not transferable  
   99.     Existing permits and leases continue until renewal applications etc. decided  
   100.    Conditions that may apply to authorities  
   101.    Statutory condition of authority  
   101B.   Further statutory condition of authority—agreements under Traditional Owner Settlement Act 2010  
   102.    Minister may vary conditions unilaterally  
   103.    Minister may vary conditions by consent  
   104.    Variation of conditions on renewal, consolidation or transfer  
   105.    Suspension of conditions  
   106.    Term of authority may be extended if condition suspended  
   107.    Transfers  
   107A.   Transfers in relation to special drilling authorisations  
   108.    Matters Minister must consider in assessing transfer application  
   109.    Execution of transfer document insufficient to create interest  
   110.    Partial transfers of permits and licences  
   111.    Surrender of authority  
   112.    Partial surrender of authority  
   113.    Cancellation of authority  
   113A.   Special drilling authorisation surrendered, suspended or cancelled if primary authorisation surrendered, suspended or cancelled  
   113B.   Special drilling authorisation expires or is terminated if primary authorisation expires or is terminated  
   114.    Additional grounds for the cancellation or partial cancellation of production licence  
   115.    Procedure to be followed before authority cancelled  
   116.    Minister may give directions if authority expires or is surrendered or cancelled  
   117.    Definition of planning scheme  
   118.    Exploration under authority overrides planning schemes  
   119.    Production operations also override planning schemes  
   120.    Alternative approvals  
   121.    Amendments to planning schemes to facilitate exploration and production  
   122.    Minister must publish certain details if authority granted  
   123.    Variation of an authority  
   124.    Consolidation of adjoining authorities  
   125.    Excision of area does not affect authority  
   126.    Expedited procedure for replacement of invalidated title  
   127.    Occupiers liability  
   127A.   Authorities not personal property  

   PART 8--COMPENSATION

   128.    Consent of, or compensation agreement with, owner etc. needed before operation on private land starts  
   129.    What compensation is payable for—private/native title land  
   130.    Limit on total amount of compensation  
   131.    Compensation not payable for petroleum  
   132.    What compensation is payable for—Crown land  
   133.    Time limit on compensation claims  
   134.    Determination of disputes—private/native title land  
   135.    Determination of disputes—Crown land  
   136.    Native Title Act rights prevail  

   PART 9--CONSENT/NOTICE REQUIRED BEFORE OPERATIONS ALLOWED ON LAND[1]

   137.    Petroleum operations on wilderness land barred  
   138.    Consent of Minister needed to carry out petroleum operations on any land  
   139.    Petroleum operations on restricted Crown land  
   140.    Petroleum operations on water authority land  
   141.    Petroleum operations on highways, roads etc.  
   142.    Provisions applying to consents  
   143.    Right to seek review of refusal to give consent  
   144.    Operations on unrestricted Crown land  
   145.    Notice to be given before operation carried out on any land  
   146.    Areas of aboriginal significance  
   147.    Requirements to be complied with before petroleum operation carried out  

   PART 10--ROYALTIES AND RENT

   148.    Application of this Part  
   149.    Liability for, and rate of, royalty  
   150.    Rate of royalty  
   151.    Meaning of well-head  
   152.    How value to be determined  
   153.    How quantity to be determined  
   154.    When royalty must be paid  
   155.    Circumstances in which royalty is not payable  
   156.    Minister may vary royalty  
   157.    Minister may increase royalty rate to 10%  
   158.    Royalty payable if excess petroleum recovered from reservoir  
   159.    Penalty for late payment  
   160.    Rent payable in relation to Crown land  

   PART 11--OTHER OBLIGATIONS ON THE HOLDERS OF AUTHORITIES

   161.    Operation plan to be prepared  
   162.    Plan must be observed in carrying out operation  
   163.    Minister may permit variation of operation plan  
   164.    Operation to be conducted in proper manner  
   165.    Other specific obligations concerning conduct of operations  
   166.    Maintenance etc. of property  
   167.    Authority holder must not interfere with other rights  
   168.    Equipment must be removed once authority ceases  
   169.    Minister may remove equipment  
   170.    Rehabilitation  
   171.    Insurance must be held  
   172.    Definition of rehabilitation bond  
   173.    Requirement to take out rehabilitation bond  
   174.    Minister may require increased rehabilitation bond  
   175.    Minister may carry out rehabilitation  
   176.    Return of bond if rehabilitation satisfactory  
   177.    Minister must be told if petroleum discovered  
   178.    Minister may require certain information if petroleum discovered  
   179.    Authority holder must provide information to Minister  
   180.    Minister may require position of wells etc. to be surveyed  
   181.    Minister may require person to provide information on petroleum operation  
   182.    False information not to be given  

   PART 12--RELEASE OF INFORMATION OBTAINED OR GIVEN UNDER THIS ACT

   183.    Meaning of release and information  
   184.    Meaning of interpretive information  
   185.    Meaning of information collection date  
   186.    Information that is not to be released  
   187.    Information about applications that may be released  
   188.    Release of information about area that is no longer an authority area  
   189.    Release of factual information concerning licence areas  
   190.    Release of factual information concerning other authority areas  
   191.    Restriction on release of information collected so that it could be sold  
   192.    Earlier release of information if consent given  
   193.    Release of interpretive information relating to current authorities  
   194.    Procedure to be followed before interpretive information is released  
   195.    Right to seek review of disputed release decision  
   196.    Minister may give information etc. to other Ministers  
   197.    Restriction on obtaining information to meet work program obligation  

   PART 13--ENFORCEMENT

   198.    Authorisation of inspectors  
   199.    Monitoring compliance with this Act  
   200.    Emergencies  
   201.    Offence-related searches and seizures  
   202.    Occupier to be given copy of consent  
   203.    Search warrant  
   204.    Announcement before entry  
   205.    Copy of warrant to be given to occupier  
   206.    Receipt must be given for any thing seized  
   207.    Copies of certain seized things to be given  
   208.    Use of equipment to examine or process things  
   209.    Use or seizure of electronic equipment at premises  
   210.    Compensation for damage  
   211.    Return of seized things  
   212.    Magistrates' Court may extend period  
   213.    Power of inspector to require information or documents  
   214.    Protection against self-incrimination  
   215.    Offence to obstruct inspector  
   216.    Improvement notice  
   217.    Prohibition notice  
   218.    Minister may obtain enforcement order  
   219.    Form of notices  
   220.    Right to review  
   221.    Defences to charge of failing to comply with a notice  
   222.    Minister may remedy failure to comply with improvement notice  
   223.    Increased maximum fine for corporations  
   224.    Corporation deemed to have the knowledge of its officers  
   225.    Certain offences by corporations may also be offences by officers  
   226.    Offences by partners  
   227.    Offences by joint venturers  
   228.    Offences by employees and agents  
   229.    Default penalties  

   PART 14--ADMINISTRATIVE MATTERS

   230.    Establishment of register  
   231.    Need for registration  
   232.    Other documents to be registered  
   233.    Entries in register on devolution of title  
   234.    Registration  
   235.    Effect of registration  
   236.    Inspection of register and documents  
   237.    Minister's certificates  
   238.    Minister may make corrections to register  
   239.    Right to review of register entries  
   240.    Offences relating to the register  
   241.    Minister may require further information  
   242.    Form of documents  
   243.    Pecuniary interest statement  
   244.    Department surveys  
   245.    Delegation  
   246.    Applications not to be processed unless fee paid  

   PART 15--MISCELLANEOUS MATTERS

   247.    Officials must not disclose information  
   248.    Fees and penalties debts due to the State  
   249.    Minister may vary geodetic system  
   250.    Codes of practice  
   251.    Use of codes of practice in proceedings  
   251A.   State liability  
   251B.   Minister may pay for surrender of authority  

   PART 16--REGULATIONS

   252.    Regulations  

   PART 17--CONSEQUENTIAL, SAVINGS AND TRANSITIONAL PROVISIONS

   253.    Repeal of former Act  
   254.    Effect of repeal on existing permits  
   255.    Effect of repeal on existing leases  
   256.    Release of information provided under the Petroleum Act 1958  
           ENDNOTES


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