Victorian Consolidated Legislation

Petroleum (Submerged Lands) Act 1982 - SECT 4

Definitions

4. Definitions



(1) In this Act, unless the contrary intention appears-

access authority means an access authority under Part III;

application for a primary licence means an application under section 40(1) or
(2) or 40A(1) or (2);



application for a secondary licence means an application under section 40(3)
or 40A(3);



approved means approved by the Minister;

bank guarantee means a guarantee provided by a body that is permitted to use
the expression "bank" under section 66 of the Banking Act 1959 of the
Commonwealth;

block means a block constituted as provided by section 17;

construct includes place and construction has a corresponding meaning;

corresponding law means an Act of another State or a law in force in a
Territory of the Commonwealth giving effect to the agreement between the
Commonwealth, the States and the Northern Territory referred to in the
preamble to this Act;



datum means a reference frame for defining geographic co-ordinates; Note If
the position on the surface of the Earth 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-ordinate.

document includes any map, book, record or writing; facility includes a
structure or installation of any kind;

Gazette means the Government Gazette;

geographic co-ordinate includes-

   (a)  a meridian of longitude by itself; and

   (b)  a parallel of latitude by itself;

good oil-field practice means all those things that are generally accepted as
good and safe in the carrying on of exploration for petroleum, or in
operations for the recovery of petroleum, as the case may be; good processing
and transport practices means all those things that are generally accepted as
good and safe in the processing and storage of petroleum and the preparation
of petroleum for transport;

graticular section means a section referred to in section 17;

infrastructure facilities has the meaning given by section 4A;

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 infrastructure licence is in force;

infrastructure licensee means the registered holder of an infrastructure
licence;



inspector means a person appointed under section 125;

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 to perform the functions
of a Designated Authority under the Commonwealth Act;

lease means a retention lease under Part III;



lease area means the area constituted by the blocks that are the subject of a
lease;

lessee means the registered holder of a lease;



licence means a production licence for petroleum under Part III;

licence area means the area constituted by the blocks that are the subject of
a licence;

licensee means the registered holder of a licence; listed OHS laws has the
meaning given in section 151ZD;



location means a block or blocks in respect of which a declaration under
section 37 is in force;

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 10
December 1982; OHS inspector means an OHS inspector appointed under the
Commonwealth Act;

operation means an activity to which Part III applies;

partly cancelled means-

   (a)  in relation to a permit or licence-cancelled as to one or more but not
        all of the blocks the subject of the permit or licence; and

   (b)  in relation to a pipeline licence-cancelled as to a part of the
        pipeline the subject of the licence;

partly determined, in relation to a permit or lease, means determined as to
one or more but not all of the blocks the subject of the permit or lease;

permit means an exploration permit for petroleum under Part III;

permit area means the area constituted by the blocks that are the subject of a
permit;

permittee means the registered holder of a permit;

petroleum means-

   (a)  any naturally occurring hydrocarbon, whether in a gaseous, liquid or
        solid state;

   (b)  any naturally occurring mixture of hydrocarbons, whether in a gaseous,
        liquid or solid state; or

   (c)  any naturally occurring mixture of one or more hydrocarbons, whether
        in a gaseous, liquid or solid state, and one or more of the following,
        that is to say, hydrogen-sulphide, nitrogen, helium and
        carbon-dioxide- and includes any petroleum as defined by paragraph
        (a), (b) or (c) of this definition that has been returned to a natural
        reservoir;

petroleum pool means a naturally occurring discrete accumulation of petroleum;



pipeline means a pipe or system of pipes in the adjacent area for conveying
petroleum, whether the petroleum is petroleum recovered from the adjacent area
or not, but does not include a pipe or system of pipes-

   (a)  for returning petroleum to a natural reservoir;

   (b)  for conveying petroleum for use for the purposes of petroleum
        exploration operations or operations for the recovery of petroleum;

   (c)  for conveying petroleum that is to be flared or vented; or

   (d)  for conveying petroleum from a well, wherever located, to a terminal
        station in the adjacent area without passing through another terminal
        station;

pipeline licence means a licence under Part III to construct and operate a
pipeline;

pipeline licensee means the registered holder of a pipeline licence;

prescribed means prescribed by the regulations;

primary entitlement means-

   (a)  in relation to a permittee-the number of blocks forming part of a
        location in the permit area in respect of which that permittee may
        make an application under section 40(1); and

   (b)  in relation to a lessee-the number of blocks in the lease area in
        respect of which that lessee may make an application under section
        40A(1);

primary licence means a licence granted on an application under section 40(1)
or (2);

pumping station means equipment for pumping petroleum or water and includes
any structure associated with that equipment;

register means the register kept in pursuance of Division 5 of Part III;

registered holder, in relation to a permit, lease, licence, infrastructure
licence, pipeline licence, special prospecting authority or access authority,
means the person whose name is for the time being shown in the register as
being the holder of the permit, lease, licence, infrastructure licence,
pipeline licence, special prospecting authority or access authority;

regulations means regulations made under this Act;

royalty period, in relation to a permit, lease or licence, means-

   (a)  the period from and including the date from which the permit, lease or
        licence comes into force to the end of the month of the year during
        which that date occurs; and

   (b)  each month thereafter; Safety Authority means the National Offshore
        Petroleum Safety Authority under the Commonwealth Act;';

secondary licence means a licence granted on an application under section
40(3);

secondary line means a pipe or system of pipes for any purpose referred to in
paragraphs (a), (b), (c) and (d) of the definition of pipeline;

special prospecting authority means a special prospecting authority under
Part III;

tank station means a tank or system of tanks for holding or storing petroleum
and includes any structure associated with that tank or system of tanks;

terminal station means a pumping station, a tank station or a valve station
declared to be a terminal station under section 63 or under the Commonwealth
Act or a corresponding law;

the adjacent area means, subject to subsection (2), so much of the area the
boundary of which is described in the Third Schedule as is part of the
territorial sea of Australia, including the territorial sea adjacent to any
island forming part of Victoria, and includes, subject to subsection (3), an
area which-

   (a)  is within the area the boundary of which is described in the Third
        Schedule;

   (b)  is seaward of the coastline of Victoria at mean low water and landward
        of the inner limit of the territorial sea of Australia; and

   (c)  was, immediately before the commencement of this Act, the subject of
        an exploration permit for petroleum subsisting under the Commonwealth
        Act;

the applied provisions means the provisions, as modified under section 14,
which apply in the adjacent area (within the meaning of this Act) by virtue of
section 57 of the Interpretation of Legislation Act 1984; the Commonwealth Act
means the Petroleum (Submerged Lands) Act 1967 of the Commonwealth;

the Commonwealth Minister means the Minister of the Crown in right of the
Commonwealth for the time being administering the Commonwealth Act;



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the Joint Authority means the Commonwealth-Victoria Offshore Petroleum Joint
Authority established by the Commonwealth Act;

the relinquished area means-

   (a)  in relation to a permit, lease or licence that has expired-the area
        constituted by the blocks in respect of which the permit, lease or
        licence was in force but has not been renewed;

   (b)  in relation to a permit or lease that has been wholly determined or
        partly determined-the area constituted by the blocks as to which the
        permit or lease was so determined;

   (c)  in relation to a permit or licence that has been wholly cancelled or
        partly cancelled-the area constituted by the blocks as to which the
        permit or licence was so cancelled;

   (ca) in relation to a lease that has been wholly cancelled-the area
        constituted by the blocks in respect of which the lease was in force;

   (cb) in relation to an infrastructure licence that has been surrendered,
        cancelled or terminated-the place that constituted the infrastructure
        licence area;

   (d)  in relation to a pipeline licence that is no longer in force-the part
        of the adjacent area in which the pipeline was constructed;

   (e)  in relation to a pipeline licence that has been wholly cancelled or
        partly cancelled-the part of the adjacent area in which the pipeline
        or the part of the pipeline, as the case may be, was constructed; and

   (f)  in relation to a special prospecting authority or access authority
        that has been surrendered or cancelled, or has expired-the area
        constituted by the blocks in respect of which that authority was in
        force;

valve station means equipment for regulating the flow of petroleum and
includes any structure associated with that equipment;

vessel means a vessel used in navigation, other than air navigation, and
includes a barge, lighter or other floating vessel;

Victorian Minister means a Minister of the Crown in right of Victoria;



water line means a pipe or system of pipes for conveying water in connexion
with petroleum exploration operations or operations for the recovery of
petroleum;

well means a hole in the sea-bed or subsoil made by drilling, boring or any
other means in connexion with exploration for petroleum or operations for the
recovery of petroleum but does not include a seismic shot hole;

wholly cancelled, in relation to a permit, lease, licence or pipeline licence,
means cancelled as to all the blocks, or as to the whole of the pipeline, the
subject of the permit, lease, licence or pipeline licence;

wholly determined, in relation to a permit or lease, means determined as to
all the blocks the subject of the permit or lease.

(2) If at any time the breadth of the territorial sea of Australia is
determined or declared to be greater than 3 nautical miles, the definition of
the adjacent area in subsection (1) continues to have effect as if the breadth
of the territorial sea of Australia had continued to be 3 nautical miles.

(3) Upon an area described in paragraphs (a), (b) and (c) of the definition of
the adjacent area becoming an area which is-

   (a)  not the subject of a permit;

   (b)  not the subject of a licence; and

   (c)  not the subject of an application for a licence-

the area ceases to be part of the adjacent area.

(4) In this Act, a reference to the term of a permit, lease, licence,
infrastructure licence, pipeline licence, special prospecting authority or
access authority is a reference to the period during which the permit, lease,
licence, infrastructure licence, pipeline licence, special prospecting
authority or access authority remains in force and a reference to the date of
expiration of a permit, lease, licence, special prospecting authority or
access authority is a reference to the day on which the permit, lease,
licence, special prospecting authority or access authority ceases to be in
force.

(5) In this Act, a reference to a year of the term of a permit, lease,
licence, infrastructure licence or pipeline licence is a reference to a period
of one year commencing on the day on which the permit, lease, licence,
infrastructure licence or pipeline licence, as the case may be, comes into
force or on any anniversary of that day.

(6) In this Act, a reference to the renewal, or to the grant of a renewal, of
a permit is a reference to the grant of a permit in respect of all or some of
the blocks specified in the first-mentioned permit to commence on the day
after the date of expiration of the first-mentioned permit or on the day after
the date of expiration of the permit granted upon a previous renewal of the
first-mentioned permit.

(6A) In this Act, a reference to the renewal, or the grant of a renewal, of a
lease is a reference to the grant of a lease in respect of the blocks in
respect of which the first-mentioned lease was in force to commence on the day
after the date of expiration of the first-mentioned lease or on the day after
the date of expiration of the lease granted upon a previous renewal of the
first-mentioned lease.

(7) In this Act, a reference to the renewal, or to the grant of a renewal, of
a licence in respect of the blocks specified in the licence is a reference to
the grant of a licence in respect of those blocks to commence on the day after
the date of expiration of the first-mentioned licence or on the day after the
date of expiration of the licence granted upon a previous renewal of the
first-mentioned licence.



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(9) In this Act, a reference to a pipeline includes a reference to a part of a
pipeline.

(10) In this Act, a reference to a permit, lease, licence, infrastructure
licence, pipeline licence or access authority is a reference to the permit,
lease, licence, infrastructure licence, pipeline licence or access authority
as varied for the time being under this Act.

(11) The power conferred by this Act to make, grant or issue any instrument
shall, unless the contrary intention appears, be construed as including a
power exercisable in the like manner and subject to the like conditions, if
any, to repeal, rescind, revoke, amend or vary any instrument.