PETROLEUM (SUBMERGED LANDS) ACT 1982

Victorian Consolidated Legislation

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PETROLEUM (SUBMERGED LANDS) ACT 1982

No. 9772 of 1982
Version incorporating amendments as at 19 October 2007

TABLE OF PROVISIONS

Section Page

PART I-PRELIMINARY

Division 1-Interpretation, application and construction of Act

1. Short title and commencement
2. Transitional provisions
3. Repealed
4. Definitions
4A. Infrastructure facilities
5. Space above or below adjacent area
6. Application of Act
6A. Act to apply subject to international obligations
7. Petroleum pool extending into two licence areas
8. Repealed

Division 2-Administration of the Commonwealth adjacent area

9. Commonwealth adjacent area
10. Minister as member of Joint Authority
11. Minister as Designated Authority
12. Delegations under Commonwealth Act
13. Public servants performing functions under Commonwealth
Act

PART II-APPLICATION OF LAWS

14. Modification of the applied provisions
15. Jurisdiction of State courts
15A. Disapplication of State occupational health and safety laws

PART III-MINING FOR PETROLEUM

Division 1-Preliminary

16. Delegation
17. Graticulation of Earth's surface
18. Reservation of blocks

Division 2-Exploration permits for petroleum

19. Exploration for petroleum
20. Advertisement of blocks
21. Application for permits
21A. Where 2 or more applications are made in respect of the same block or blocks
22. Grant or refusal of permit in relation to application
22AA. Withdrawal by a joint applicant
22AB. Withdrawal of application
22AC. Effect of withdrawal or lapse of application
23. Application for permit in respect of surrendered etc. blocks
24. Application fee etc.
25. Consideration of applications
26. Request by applicant for grant of permit in respect of advertised blocks
27. Grant of permit on request
28. Rights conferred by permit
29. Term of permit
30. Application for renewal of permit
31. Application for renewal of permit to be in respect of reduced
area
32. Grant or refusal of renewal of permit
33. Conditions of permit
34. Discovery of petroleum to be notified
35. Repealed
36. Nomination of blocks as location
37. Declaration of location
38. Immediately adjoining blocks

Division 2A-Retention leases for petroleum

38A. Application by permittee for lease
38B. Grant or refusal of lease in relation to application
38BA. Application of sections 38A and 38B where permit is transferred
38BB. Application by licensee for lease
38BC. Grant or refusal of lease in relation to application by
licensee
38BD. Application of sections 38BB and 38BC where licence is transferred
38C. Rights conferred by lease
38D. Term of lease
38E. Notice of intention to cancel lease
38F. Application for renewal of lease
38G. Grant or refusal of renewal of lease
38H. Conditions of lease
38J. Discovery of petroleum to be notified
38K. Repealed

Division 3-Production licences for petroleum

39. Recovery of petroleum in adjacent area
40. Application for licence by holder of permit
40A. Application for licence by holder of lease
41. Application for licence
42. Determination of rate of royalty
43. Notification as to grant of licence
44. Grant of licence
44A. Application of sections 41 to 44 where permit etc. transferred
45. Variation of licence area
46. Determination of permit or lease as to block not taken up
47. Application for licence in respect of surrendered etc. blocks
48. Application fee etc.
49. Request by applicant for grant of licence
50. Grant of licence on request
51. Grant of licences in respect of individual blocks
52. Rights conferred by licence
53. Term of licence
53A. Termination of licence if no operations for 5 years
54, 55. Repealed
56. Conditions of licence
57. Repealed
58. Directions as to recovery of petroleum
59. Unit development

Division 3A-Infrastructure licences

59A. Construction etc. of infrastructure facilities
59B. Application for infrastructure licence
59C. Notification as to grant of an infrastructure licence
59D. Notices to be given by Minister
59E. Grant of infrastructure licence
59F. Rights conferred by infrastructure licence
59G. Term of infrastructure licence
59H. Termination of infrastructure licence if no operations for
5 years
59J. Conditions of infrastructure licence
59K. Variation of infrastructure licence

Division 4-Pipeline licences

60. Construction etc. of pipelines etc.
61. Acts done in an emergency etc.
62. Removal of pipeline etc. constructed in contravention of Act
63. Terminal station
64. Application for pipeline licence
65. Grant or refusal of pipeline licence
66. Rights conferred by pipeline licence
67. Term of pipeline licence
67A. Termination of pipeline licence if no operations for 5 years
68, 69. Repealed
70. Conditions of pipeline licence
71. Variation of pipeline licence on application by pipeline
licensee
72. Variation of pipeline licence by Minister
73. Common carrier
74. Ceasing to operate pipeline

Division 5-Registration of instruments

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

Division 6-General

94. Notice of grants of permits etc. to be published
95. Date of effect of surrender etc. and of permits etc.
96. Commencement of works
97. Work practices
97A. Conditions relating to insurance
98. Maintenance etc. of property
99. Sections 97 and 98 to have effect subject to this Act etc.
100. Repealed
101. Directions
102. Compliance with directions
103. Exemption
103A. Suspension of rights conferred by permit or lease
104. Surrender of permits etc.
105. Cancellation of permits etc.
106. Cancellation of permit etc. not affected by other provisions
107. Removal of property etc. by permittee etc.
108. Removal of property etc. by Minister
109, 110 Repealed
111. Special prospecting authorities
112. Access authorities
113. Sale of property
114. Repealed
115. Minister etc. may require information to be furnished etc.
116. Power to examine on oath
117. Failing to furnish information etc.
118. Repealed
119. Safety zones
120. Discovery and use of water
121. Repealed
122. Records etc. to be kept
122A. Regulations about data management
123. Scientific investigations
124. Interference with other rights
124A. Interfering with offshore petroleum installation or
operations
125. Inspectors
126. Powers of inspectors
127. Property in petroleum
128. Suspension of rights conferred by permit
129. Certain payments to be made by State to Commonwealth
130. Determination to be disregarded in certain cases
131. Continuing offences
132. Persons concerned in commission of offences
133. Prosecution of offences
134. Orders for forfeiture in respect of certain offences
135. Disposal of forfeited goods
136. Time for bringing proceedings for offences
137. Judicial notice
138. Service
138A. Service of documents on two or more permittees etc.

Division 7-Fees and royalties

139. Permit fees
139A. Lease fees
140. Licence fees
140A. Infrastructure licence fees
141. Pipeline licence fees
142. Time of payment of fees
143. Royalty
144. Reduction of royalty in certain cases
145. Royalty not payable in certain cases
146. Ascertainment of well-head
147. Ascertainment of value
148. Ascertainment of quantity of petroleum recovered
149. Payment of royalty
150. Penalty for late payment
151. Fees and penalties debts due to the State

Division 8-Area to be avoided and safety zones

151A. Definitions
151B. Emergency periods
151C. Minister may authorize entry into area to be avoided
151D. Unauthorized vessel not to enter area to be avoided
151E. Powers of authorized persons
151F. Search warrants
151G. Exercise of powers in serious circumstances

PART IIIA-RELEASE OF INFORMATION

Division 1-Preliminary

151H. Definitions
151I. Application of Part

Division 2-Protection of confidentiality of information and
samples
Subdivision A-Information and samples obtained by the
Minister

151J. Protection of confidentiality of documentary information obtained by the Minister
151K. Protection of confidentiality of petroleum mining samples obtained by the Minister
151L. Minister may make information or samples available to
other Ministers
Subdivision B-Information and samples obtained by a Victorian Minister
151M. Protection of confidentiality of information obtained by a Victorian Minister
151N. Protection of confidentiality of petroleum mining samples obtained by a Victorian Minister
Subdivision C-Miscellaneous
151O. Fees
151P. Review by Minister
151Q. Information Privacy Act 2000.

Division 3-Repealed

PART IIIB-DATUMS

151R. Objects
151S. Australian Geodetic Datum
151T. Current datum, previous datum and changeover time
151U. Use of current datum
151V. Use of previous datum
151W. Variation of titles etc.
151X. Variation of applications for titles
151Y. No change to actual position of point, line or area
151Z. Transitional regulations
151ZA. Definitions

PART IIIC-OCCUPATIONAL HEALTH AND SAFETY

Division 1-Introduction

151ZB. Definitions
151ZC. Occupational health and safety
151ZD. Listed OHS laws
151ZE. Regulations relating to occupational health and safety

Division 2-Functions and powers of the Safety Authority

151ZF. Safety Authority's functions
151ZG. Safety Authority's ordinary powers
151ZH. Judicial notice of seal

Division 3-Safety Authority Board

151ZI. Functions of the Board
151ZJ. Powers of the Board
151ZK. Validity of decisions

Division 4-Chief Executive Officer and staff of the Safety
Authority

151ZL. CEO acts for Safety Authority
151ZM. Working with the Board
151ZN. Delegation
151ZO. Secondments to the Safety Authority

Division 5-Other Safety Authority provisions

151ZP. Minister may require the Safety Authority to prepare
reports or give information
151ZQ. Directions to the Safety Authority
151ZR. Reviews of operations of Safety Authority
151ZS. Liability for acts and omissions

PART IV-GENERAL

151ZT. Supreme Court-limitation of jurisdiction
152. Regulations
__________________
SCHEDULE 1-Transitional provisions
1. Application for renewal of permit
2. Indefinite term for pipeline licences
3. Release of information
4. Petroleum (Submerged Lands) (Amendment) Act 2004.
SCHEDULE 2-Repealed
SCHEDULE 3-Area that includes the adjacent area
4, 5-Repealed
SCHEDULE 6-Area that includes the area to be avoided
SCHEDULE 7-Occupational Health and Safety

PART 1-INTRODUCTION
1. Objects
2. Simplified outline
3. Definitions
4. Facilities
5. Operator must ensure presence of operator's representative
6. Health and safety of persons using an accommodation facility
7. Contractor

PART 2-OCCUPATIONAL HEALTH AND SAFETY

Division 1-Duties relating to occupational health and safety
8. Duties of operator
9. Duties of persons in control of parts of facility or particular
work
10. Duties of employers
11. Duties of manufacturers in relation to plant and substances
12. Duties of suppliers of facilities, plant and substances
13. Duties of persons erecting facilities or installing plant
14. Duties of persons in relation to occupational health and
safety
15. Reliance on information supplied or results of research

Division 2-Regulations relating to occupational health and safety
16. Regulations relating to occupational health and safety

PART 3-WORKPLACE ARRANGEMENTS

Division 1-Introduction
17. Simplified outline

Division 2-Designated work groups
Subdivision A-Establishment of designated work groups
18. Establishment of designated work groups by request
19. Establishment of designated work groups at initiative of
operator
Subdivision B-Variation of designated work groups
20. Variation of designated work groups by request
21. Variation of designated work groups at initiative of operator
Subdivision C-General
22. Referral of disagreement to reviewing authority
23. Manner of grouping members of the workforce

Division 3-Health and safety representatives
Subdivision A-Selection of health and safety representatives
24. Selection of health and safety representatives
25. Election of health and safety representatives
26. List of health and safety representatives
27. Members of designated work group must be notified of
selection etc. of health and safety representative
28. Term of office
29. Training of health and safety representatives
30. Resignation etc. of health and safety representatives
31. Disqualification of health and safety representatives
32. Deputy health and safety representatives
Subdivision B-Powers of health and safety representatives
33. Powers of health and safety representatives
34. Assistance by consultant
35. Information
36. Obligations and liabilities of health and safety representatives
37. Provisional improvement notices
38. Effect of provisional improvement notice
Subdivision C-Duties of the operator and other employers in relation to health and safety representatives
39. Duties of the operator and other employers in relation to
health and safety representatives

Division 4-Health and safety committees
40. Health and safety committees
41. Functions of health and safety committees
42. Duties of the operator and other employers in relation to
health and safety committees

Division 5-Emergency procedures
43. Action by health and safety representatives
44. Directions to perform other work

Division 6-Exemptions
45. Exemptions

PART 4-INSPECTIONS

Division 1-Introduction
46. Simplified outline
47. Powers, functions and duties of OHS inspectors

Division 2-Inspections
48. Inspections

Division 3-Powers of OHS inspectors in relation to the conduct
of inspections
Subdivision A-General powers of entry and search
49. Powers of entry and search-facilities
50. Powers of entry and search-regulated business premises
(other than facilities)
51. Powers of entry and search-premises (other than regulated business premises)
52. Warrant to enter premises (other than regulated business premises)
53. Obstructing or hindering OHS inspector
Subdivision B-Other powers

54. Power to require assistance and information
55. Power to require the answering of questions and the
production of documents or articles
56. Privilege against self-incrimination
57. Power to take possession of plant, take samples of
substances etc.
58. Power to direct that workplace etc. not be disturbed
59. Power to issue prohibition notices
60. Compliance with prohibition notice
61. Power to issue improvement notices
62. Compliance with improvement notice
63. Notices not to be tampered with or removed

Division 4-Reports on Inspections

64. Reports on inspections

Division 5-Appeals

65. Appeals
66. Powers of reviewing authority on appeal

PART 5-GENERAL

67. Notifying and reporting accidents and dangerous occurrences
68. Records of accidents and dangerous occurrences to be kept
69. Codes of practice
70. Use of codes of practice in proceedings
71. Interference etc. with equipment etc.
72. Members of workforce not to be levied
73. Victimisation
74. Institution of prosecutions
75. Role of Commonwealth DPP
76. Conduct of directors, employees and agents
77. Act not to give rise to other liabilities etc.
78. Circumstances preventing compliance may be defence to prosecution
79. Regulations-general
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
WHEREAS in accordance with international law Australia as a coastal State has sovereign rights over the Continental Shelf beyond the limits of Australian territorial waters for the purpose of exploring it and exploiting its natural resources:
And whereas by the Seas and Submerged Lands Act 1973 of the Commonwealth it is declared and enacted that the sovereignty in respect of the territorial sea of Australia and in respect of the airspace over it and in respect of its sea-bed and subsoil, and the sovereignty in respect of certain internal waters of Australia and in respect of the airspace over those waters and in respect of the sea-bed and subsoil beneath those waters, is vested in and exercisable by the Crown in right of the Commonwealth:
And whereas the Parliaments of the States and the Legislative Assembly of the Northern Territory have certain legislative powers in respect of the sea-bed and subsoil referred to in the last preceding recital and the Parliament of the Commonwealth has vested in the Crown in right of each of the States and the Crown in right of the Northern Territory certain proprietary rights in respect of that sea-bed and subsoil:
And whereas it has been agreed between the Commonwealth, the States and the Northern Territory that, in place of the scheme provided for by an Agreement between the Commonwealth and the States dated 16 October 1967-
(a) legislation of the Parliament of the Commonwealth in respect of the exploration for and the exploitation of the petroleum resources of submerged lands should be limited to the resources of lands beneath waters that are beyond the outer limits of the territorial sea adjacent to the States and the Northern Territory (being outer limits based, unless and until otherwise agreed, on the breadth of that sea being 3 nautical miles), and that the States and the Northern Territory should share in the administration of that legislation;
(b) legislation of the Parliament of each State should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the State as is on the landward side of the waters referred to in paragraph (a);
(c) legislation of the Legislative Assembly of the Northern Territory should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the Northern Territory as is on the landward side of the waters referred to in paragraph (a); and
(d) the Commonwealth, the States and the Northern Territory should endeavour to maintain, as far as practicable, common principles, rules and practices in the regulation and control of the exploration for and the exploitation of the petroleum resources of all the submerged lands referred to above that are on the seaward side of the inner limits of the territorial sea of Australia.
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in the present Parliament assembled and by the authority of the same as follows (that is to say):

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