PETROLEUM (SUBMERGED LANDS) ACT 1982

Victorian Consolidated Legislation

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PETROLEUM (SUBMERGED LANDS) ACT 1982 - NOTES

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

ENDNOTES

1. General Information
The Petroleum (Submerged Lands) Act 1982 was assented to on 20 July 1982 and came into operation on 14 February 1983 (see Government Gazette 16 February 1983 page 367).
2. Table of Amendments
This Version incorporates amendments made to the Petroleum (Submerged Lands) Act 1982 by Acts and subordinate instruments.
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Statute Law Revision Act 1983, No. 9902/1983
Assent Date:
15.6.83
Commencement Date:
15.6.83: s. 2(2)
Current State:
All of Act in operation
Interpretation of Legislation Act 1984, No. 10096/1984
Assent Date:
22.5.84
Commencement Date:
1.7.84: s. 2
Current State:
All of Act in operation
Petroleum (Submerged Lands) (Amendment) Act 1986, No. 68/1986 (as amended by Act No. 12/1990)
Assent Date:
14.10.86
Commencement Date:
1.12.86: Government Gazette 26.11.86 p. 4455
Current State:
All of Act in operation
Petroleum (Submerged Lands) (Amendment) Act 1990, No. 12/1990
Assent Date:
8.5.90
Commencement Date:
S. 19(5)(6) on 14.10.86: s. 2(2); rest of Act on 1.7.90: Government Gazette 24.6.90 p. 1862
Current State:
All of Act in operation
Petroleum (Submerged Lands) (Further Amendment) Act 1990, No. 83/1990
Assent Date:
11.12.90
Commencement Date:
15.5.91: Government Gazette 15.5.91 p. 1274
Current State:
All of Act in operation
Petroleum (Submerged Lands) (Amendment) Act 1993, No. 82/1993
Assent Date:
3.11.93
Commencement Date:
3.11.93: s. 2
Current State:
All of Act in operation
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Petroleum (Submerged Lands) Act 1982
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 98) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the Petroleum (Submerged Lands) Act 1982

Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date:
27.6.01
Commencement Date:
S. 3(Sch. 1 item 90) on 15.7.01: s. 2
Current State:
This information relates only to the provision/s amending the Petroleum (Submerged Lands) Act 1982
Petroleum (Submerged Lands) (Amendment) Act 2001, No. 91/2001
Assent Date:
11.12.01
Commencement Date:
Pt 3 (ss 15-71) on 12.12.01: s. 2(1); Pt 2 (ss 4-14) on 1.1.03: s. 2(3)
Current State:
This information relates only to the provision/s amending the Petroleum (Submerged Lands) Act 1982
Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date:
23.4.02
Commencement Date:
S. 3(Sch. 1 item 52) on 24.4.02: s. 2(1)
Current State:
This information relates only to the provision/s amending the Petroleum (Submerged Lands) Act 1982
Monetary Units Act 2004, No. 10/2004
Assent Date:
11.5.04
Commencement Date:
S. 16(Sch. 2 items 1.1-1.22) on 1.7.04: s. 2(2)
Current State:
This information relates only to the provision/s amending the Petroleum (Submerged Lands) Act 1982
Petroleum (Submerged Lands) (Amendment) Act 2004, No. 11/2004
Assent Date:
11.5.04
Commencement Date:
1.1.05: s. 2(2)
Current State:
All of Act in operation
Geothermal Energy Resources Act 2005, No. 7/2005
Assent Date:
27.4.05
Commencement Date:
S. 173 on 4.4.06: Special Gazette (No. 104) 4.4.06 p. 1
Current State:
This information relates only to the provision/s amending the Petroleum (Submerged Lands) Act 1982
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3. Explanatory Details

1 S. 36: Section 7(2)-(5) of the Petroleum (Submerged Lands) (Amendment) Act 1990, No. 12/1990 reads as follows:
	7.	New sections 36 and 37 substituted
	(2)	Where-
	(a)	at the commencement of this section, a nomination had been made under section 36 of the Principal Act; and
	(b)	at that commencement, a declaration had not been made under section 37 as a result of the making of the nomination-
sections 36, 37 and 38 of the Principal Act, as in force immediately before the commencement of this section, continue to have effect in relation to that nomination and the block or blocks that would be affected by a declaration as if this Act had not been enacted.
	(3)	A declaration made under section 37 of the Principal Act as continued in force by subsection (2) has effect, and the Principal Act, as amended by this Act, applies to the declaration, as if the declaration had been made under that section as amended by this Act.
	(4)	A declaration in force under section 37 of the Principal Act immediately before the commencement of this section has effect after that commencement as if it were a declaration under section 37 of the Principal Act, as amended by this Act.
	(5)	Where-
	(a)	the permittee under a permit granted before the commencement of this section applies under section 40 of the Principal Act, as amended by this Act, for a licence; and
	(b)	the location that includes the block or blocks to which the application relates was declared under section 37 of the Principal Act, as amended by this Act; and
	(c)	the location consists of not more than 8 blocks; and
	(d)	the Minister notifies the applicant in writing that, in the opinion of the Minister, the number of blocks specified in the notification represents the maximum number of blocks that the applicant would have been entitled to have declared as a location instead of the block or blocks constituting the location referred to in paragraph (b) if this Act had not been enacted; and
	(e)	the number of blocks specified in the notification exceeds the number of blocks in the location referred to in paragraph (b)-
section 40(1) of the Principal Act, as amended by this Act, applies as if the first-mentioned location were constituted by the number of blocks specified in the notification referred to in paragraph (d).

2 S. 37: See note 1.
3 S. 38: See note 1.
4 S. 40(1): See note 1.
5 S. 81(4): Section 14(2)(3) of the Petroleum (Submerged Lands) (Amendment) Act 1990, No. 12/1990 reads as follows:
	14.	Approval of dealings
	(2)	If, when the first regulations made for the purposes of section 81(4)(b) of the Principal Act, as amended by this Act, take effect, an application for approval of a dealing has been made but the Minister has neither approved nor refused to approve the dealing-
	(a)	the Minister must give to the applicant written notice that the applicant is entitled to lodge an instrument for the purpose of section 81(4)(b) in relation to the application; and
	(b)	the applicant may lodge an instrument for the purpose of section 81(4)(b); and
	(c)	the application must not be dealt with by the Minister until after the end of 30 days after the day on which notice is given for the purpose of paragraph (a); and
	(d)	where the applicant lodges an instrument under paragraph (b), the applicant must lodge with the instrument 2 copies of the instrument.
	(3)	An instrument lodged under subsection (2) must be taken, for the purposes of section 81(13) of the Principal Act, as amended by this Act, to have accompanied the application when the application was lodged.

6 S. 81(13): See note 5.
7 S. 92: Section 35(3) of the Petroleum (Submerged Lands) (Amendment) Act 1986, No. 68/1986 reads as follows:
	35.	New section 92 inserted in Principal Act
	(3)	The Principal Act continues to apply in relation to transfers to which section 78 of the Principal Act continues to apply by virtue of the operation of section 26(3) of this Act.

8 S. 93: See note 7.



9 S. 101: Section 38(5)(6) of the Petroleum (Submerged Lands) (Amendment) Act 1986, No. 68/1986 reads as follows:
	38.	Directions
	(5)	A direction in force under section 101 of the Principal Act immediately before the commencement of this section shall, after that commencement, continue to apply to the person or persons to whom it applied before that commencement as if it were a direction under section 101 of the Principal Act as amended by this Act.
	(6)	A registered holder is not required by section 101(2A) of the Principal Act as amended by this Act to cause a copy of the direction to which subsection (2) of this section applies to be given to another person or to cause a copy of such a direction to be exhibited at a place frequented by that other person if the direction or a copy of the direction was served, within the meaning of the Principal Act, on the person before the commencement of this section.

10 S. 103(1): Section 16(2)(3) of the Petroleum (Submerged Lands) (Amendment) Act 1990, No. 12/1990 reads as follows:
	16.	Exemption
	(2)	Where-
	(a)	before the commencement of this section, an application was made for the purpose of section 103(1)(j) of the Principal Act; and
	(b)	the application was made by a permittee, lessee, licensee or pipeline licensee; and


	(c)	at the commencement of this section, the Minister had not granted the variation, suspension or exemption sought by the application and had not informed the applicant that the application was refused-
section 103 of the Principal Act, as amended by this Act, applies as if-
	(d)	this section had been in operation when the application was made; and
	(e)	the application has been made for the purposes of section 103 of the Principal Act, as amended by this Act.
	(3)	A variation, suspension or exemption in force under section 103 of the Principal Act immediately before the commencement of this section has the same operation after that commencement as it would have had if-
	(a)	this section had been in operation when the variation, suspension, or exemption was granted; and
	(b)	the variation, suspension or exemption had been granted under section 103 of the Principal Act, as amended by this Act.

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Part III-Mining for Petroleum


Petroleum (Submerged Lands) Act 1982
No. 9772 of 1982