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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Petroleum Amendment Bill 2007
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Petroleum Act 1967
Division 1 -- General
3. The Act amended 3
4. Long title amended 3
5. Section 1 (short title) amended 3
6. Section 5 amended 3
7. Section 7 amended 7
8. Section 7A amended 8
9. Section 9 amended 10
10. Section 10 amended 10
11. Section 11 amended 10
12. Section 11A inserted and consequential repeal of
section 120 10
11A. Property rights in recovered petroleum
and geothermal energy 10
13. Section 15A amended 11
14. Section 16 amended 11
15. Section 17 amended 12
16. Section 24 amended 12
17. Part III heading replaced 12
Part III -- Mining for petroleum, geothermal energy
resources and geothermal energy
18. Section 28 amended 12
19. Section 29 amended 14
20. Section 31 amended 15
227--1 page i
Petroleum Amendment Bill 2007
Contents
21. Section 32 amended 15
22. Section 33 amended 16
23. Section 35 amended 17
24. Section 37 amended 17
25. Section 37A amended 17
26. Section 38 amended 18
27. Section 43A amended 18
28. Section 43B amended 19
29. Section 43D amended 19
30. Section 44 amended 20
31. Section 45 amended 22
32. Section 46 amended 23
33. Section 47 amended 24
34. Part III Division 2A heading amended 25
35. Section 48A amended 25
36. Section 48B amended 26
37. Section 48C amended 27
38. Section 48E amended 27
39. Section 48F amended 28
40. Section 48G amended 28
41. Section 48H amended 28
42. Section 48J amended 29
43. Section 48K amended 30
44. Part III Division 3 heading amended 31
45. Section 49 amended 31
46. Section 50 amended 31
47. Section 50A amended 32
48. Section 53 amended 33
49. Section 54 amended 33
50. Section 57 amended 34
51. Section 59 amended 36
52. Section 60 amended 36
53. Section 61 amended 37
54. Section 62 amended 37
55. Sections 62A and 62B inserted 38
62A. Geothermal energy recovery development
plans 38
62B. Variation of approved development plans 39
56. Section 66 amended 39
57. Section 69 amended 40
58. Part III Division 3A inserted 44
page ii
Petroleum Amendment Bill 2007
Contents
Division 3A -- Petroleum titles and geothermal titles
may subsist in respect of same blocks
69A. Petroleum titles and geothermal titles may
subsist in respect of same blocks 44
59. Section 72 amended 46
60. Section 75 amended 47
61. Section 76 amended 47
62. Section 85 amended 47
63. Section 91 amended 47
64. Section 91A amended 50
65. Section 95 amended 50
66. Section 105 amended 50
67. Section 106 amended 51
68. Section 109 amended 54
69. Section 112 amended 54
70. Section 113 amended 55
71. Section 116 amended 55
72. Section 117 amended 55
73. Section 119 amended 56
74. Section 123 amended 56
75. Section 142 amended 56
76. Section 143 amended 57
77. Section 144 amended 58
78. Section 144A amended 59
79. Section 145 amended 59
80. Section 146 amended 59
81. Section 147 amended 60
82. Section 148 amended 60
83. Section 153 amended 60
Division 2 -- Amendments to Act as amended
by the Petroleum Legislation Amendment
and Repeal Act 2005
84. The Act amended 60
85. Section 5 amended 61
86. Amendments relating to "geothermal energy
operation" 63
87. Amendments relating to "geothermal energy
operations" 65
page iii
Petroleum Amendment Bill 2007
Contents
Part 3 -- Other Acts amended
88. Aboriginal Affairs Planning Authority Act 1972
amended 66
89. Aboriginal Heritage Act 1972 amended 66
90. Barrow Island Act 2003 amended 66
91. Barrow Island Royalty Variation Agreement
Act 1985 amended 66
92. Conservation and Land Management Act 1984
amended 67
93. Fire and Emergency Services Authority of Western
Australia Act 1998 amended 69
94. Fish Resources Management Act 1994 amended 70
95. Gas Standards Act 1972 amended 70
96. Heritage of Western Australia Act 1990 amended 70
97. Industrial Relations Act 1979 amended 70
98. Land Administration Act 1997 amended 71
99. Local Government Act 1995 amended 73
100. Mining Act 1978 amended 75
101. Occupational Safety and Health Act 1984 amended 76
102. Petroleum Pipelines Act 1969 amended 77
103. Petroleum (Registration Fees) Act 1967 amended 77
104. Petroleum (Submerged Lands) Act 1982 amended 78
105. Soil and Land Conservation Act 1945 amended 78
106. Transfer of Land Act 1893 amended 78
107. Valuation of Land Act 1978 amended 79
108. Waterways Conservation Act 1976 amended 80
page iv
Western Australia
LEGISLATIVE ASSEMBLY
Petroleum Amendment Bill 2007
A Bill for
An Act to amend the Petroleum Act 1967 and to make consequential
amendments to other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Petroleum Amendment Bill 2007
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Petroleum Amendment Act 2007.
2. Commencement
5 This Act comes into operation as follows:
(a) Part 1 -- on the day on which this Act receives the
Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
and different days may be fixed for different provisions.
page 2
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 3
Part 2 -- Petroleum Act 1967
Division 1 -- General
3. The Act amended
The amendments in this Division are to the Petroleum Act 1967.
5 4. Long title amended
The long title is amended after "petroleum resources," by
inserting --
" geothermal energy resources, ".
5. Section 1 (short title) amended
10 Section 1 is amended after "Petroleum" by inserting --
" and Geothermal Energy Resources ".
6. Section 5 amended
(1) Section 5(1) is amended by deleting the definitions of "access
authority", "drilling reservation", "lease", "licence", "permit",
15 "permit area" and "special prospecting authority".
(2) Section 5(1) is amended by inserting in the appropriate
alphabetical positions --
"
"access authority" means --
20 (a) a petroleum access authority; or
(b) a geothermal access authority;
"approved development plan", in relation to a
geothermal production licence, means the
geothermal energy recovery development plan
25 approved under section 62A that applies to the
licence and includes that plan as varied under
section 62B;
page 3
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 6
"drilling reservation" means --
(a) a petroleum drilling reservation; or
(b) a geothermal drilling reservation;
"geothermal access authority" means a geothermal
5 access authority under Part III;
"geothermal drilling reservation" means a
geothermal drilling reservation referred to in
section 43D(2);
"geothermal energy" means thermal energy that
10 results from natural geological processes and is
contained in geothermal energy resources;
"geothermal energy resources" means subsurface
rock or other subterranean substances that contain
geothermal energy and, where the context so
15 requires, includes the geothermal energy contained
in those resources;
"geothermal exploration permit" means a permit
issued under section 38(2);
"geothermal lease area" means the area constituted
20 by the blocks that are the subject of a geothermal
retention lease;
"geothermal lessee" means the registered holder of a
geothermal retention lease;
"geothermal licensee" means the registered holder of
25 a geothermal production licence;
"geothermal permit area" means the area constituted
by the blocks that are the subject of a geothermal
exploration permit;
"geothermal permittee" means the registered holder
30 of a geothermal exploration permit;
"geothermal production licence" means a geothermal
production licence under Part III;
page 4
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 6
"geothermal resources area" means a discrete area
that contains geothermal energy resources;
"geothermal retention lease" means a geothermal
retention lease under Part III;
5 "geothermal special prospecting authority" means a
geothermal special prospecting authority under
Part III;
"lease" means --
(a) a petroleum retention lease; or
10 (b) a geothermal retention lease;
"licence" means --
(a) petroleum production licence; or
(b) a geothermal production licence;
"permit" means --
15 (a) a petroleum exploration permit; or
(b) a geothermal exploration permit;
"permit area" means --
(a) a petroleum permit area; or
(b) a geothermal permit area;
20 "petroleum access authority" means a petroleum
access authority under Part III;
"petroleum drilling reservation" means a petroleum
drilling reservation referred to in section 43D(1);
"petroleum exploration permit" means a permit
25 issued under section 38(1);
"petroleum lease area" means the area constituted by
the blocks that are the subject of a petroleum
retention lease;
"petroleum lessee" means the registered holder of a
30 petroleum retention lease;
page 5
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 6
"petroleum licensee" means the registered holder of a
petroleum production licence;
"petroleum permit area" means the area constituted
by the blocks that are the subject of a petroleum
5 exploration permit;
"petroleum permittee" means the registered holder of
a petroleum exploration permit;
"petroleum production licence" means a petroleum
production licence under Part III;
10 "petroleum retention lease" means a petroleum
retention lease under Part III;
"petroleum special prospecting authority" means a
petroleum special prospecting authority under
Part III;
15 "recovery", of geothermal energy, includes the
recovery of any geothermal energy resources
necessary to recover geothermal energy;
"special prospecting authority" means --
(a) a petroleum special prospecting authority; or
20 (b) a geothermal special prospecting authority;
".
(3) Section 5(1) is amended as follows:
(a) in the definition of "application for a primary licence"
after "an application" by inserting --
25 "
for the grant or variation of a petroleum production
licence
";
page 6
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 7
(b) in the definition of "primary entitlement" --
(i) by deleting paragraph (a) and "and" after that
paragraph and inserting instead --
"
5 (a) in relation to a permittee, the number of
blocks --
(i) forming part of a location in the
permit area in respect of which that
permittee may make an application
10 under section 50(1); or
(ii) forming a location in the permit area
in respect of which that permittee
may make an application under
section 50(1a);
15 and
";
(ii)in paragraph (b) after "section 50A(1)" by
inserting --
" or (1a) ";
20 (c) in the definition of "well" --
(i) after "for petroleum" by inserting --
" or geothermal energy resources ";
(ii) after "of petroleum" by inserting --
" or geothermal energy ".
25 7. Section 7 amended
After section 7(2) the following subsections are inserted --
"
(3) The taking or use of any water for the purposes of any
operations carried out under the authority of a permit,
30 drilling reservation, access authority, special
prospecting authority, lease or licence is subject to the
Rights in Water and Irrigation Act 1914.
page 7
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 8
(4) This Act does not apply to operations for the recovery
of geothermal energy --
(a) that are carried out for the purposes of a small
scale ground source heat pump used at or near
5 the source of the geothermal energy; or
(b) that involve small scale recovery of geothermal
energy not for a commercial purpose; or
(c) that are of a kind prescribed by the regulations.
(5) Without limiting subsection (4)(b), the regulations may
10 specify whether the small scale recovery of geothermal
energy in prescribed circumstances or for a prescribed
reason is or is not for a commercial purpose.
".
8. Section 7A amended
15 (1) Section 7A(2) is amended as follows:
(a) after "petroleum pool" by inserting --
" or geothermal resources area ";
(b) after "being a pool" by inserting --
" or area ";
20 (c) after "any petroleum" by inserting --
" or geothermal energy ".
(2) Section 7A(3) is amended as follows:
(a) after "pool" in each place where it occurs by
inserting --
25 " or geothermal resources area ";
(b) after "and petroleum" by inserting --
" or geothermal energy ";
(c) after "all petroleum" by inserting --
" or geothermal energy ".
page 8
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 8
(3) Section 7A(5) is amended as follows:
(a) after "pool" in each place where it occurs by
inserting --
" or geothermal resources area ";
5 (b) by deleting "petroleum, and petroleum" and inserting
instead --
"
petroleum, or to explore for geothermal energy
resources or recover geothermal energy, and petroleum
10 or geothermal energy
";
(c) after "all petroleum" by inserting --
" or geothermal energy ".
(4) Section 7A(7) is amended as follows:
15 (a) in paragraphs (a) and (c) after "pool" by inserting --
" or geothermal resources area ";
(b) in paragraph (a) by deleting "petroleum;" and inserting
instead --
"
20 petroleum, or to explore for geothermal energy
resources or recover geothermal energy; and
";
(c) in paragraph (c) after "petroleum" by inserting --
" or geothermal energy ";
25 (d) after "all petroleum" by inserting --
" or geothermal energy ".
(5) Section 7A(8)(c) is amended after "pool" by inserting --
" or geothermal resources area ".
page 9
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 9
9. Section 9 amended
Section 9 is amended as follows:
(a) after "petroleum" by inserting --
"
5 , geothermal energy resources and geothermal energy
";
(b) by deleting "Crown, is" and inserting instead --
" Crown, are ".
10. Section 10 amended
10 Section 10 is amended after "petroleum" in both places where it
occurs by inserting --
" , geothermal energy resources and geothermal energy ".
11. Section 11 amended
Section 11(1) is amended as follows:
15 (a) after "petroleum" in the first place where it occurs by
inserting --
" or geothermal energy resources ";
(b) after "petroleum" in the second place where it occurs by
inserting --
20 "
, geothermal energy resources or geothermal energy
".
12. Section 11A inserted and consequential repeal of section 120
(1) After section 11 the following section is inserted --
25 "
11A. Property rights in recovered petroleum and
geothermal energy
(1) Subject to this Act and to any rights of other persons,
on the recovery of any petroleum by a petroleum
page 10
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 13
permittee, holder of a petroleum drilling reservation,
petroleum lessee or petroleum licensee in the permit
area, drilling reservation, lease area or licence area, the
petroleum becomes the property of the petroleum
5 permittee, holder of the petroleum drilling reservation,
petroleum lessee or petroleum licensee.
(2) Subject to this Act and to any rights of other persons,
on the recovery of any geothermal energy by a
geothermal permittee, holder of a geothermal drilling
10 reservation, geothermal lessee or geothermal licensee
in the permit area, drilling reservation, lease area or
licence area, the geothermal energy becomes the
property of the geothermal permittee, holder of the
geothermal drilling reservation, geothermal lessee or
15 geothermal licensee.
(3) Nothing in subsection (2) operates to confer rights in
relation to any water by means of which geothermal
energy is transferred from geothermal energy resources
for the purposes of its recovery.
20 ".
(2) Section 120 is repealed.
13. Section 15A amended
Section 15A(1) is amended as follows:
(a) in paragraph (c) after "petroleum" by inserting --
25 " or geothermal energy resources ";
(b) in paragraph (d) after "petroleum" by inserting --
" or geothermal energy ".
14. Section 16 amended
Section 16(1) is amended as follows:
30 (a) in paragraph (a) after "petroleum" by inserting --
" or geothermal energy resources ";
page 11
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 15
(b) in paragraph (b) after "petroleum" by inserting --
" or geothermal energy ".
15. Section 17 amended
Section 17(3) is amended by deleting "or petroleum" and
5 inserting instead --
"
petroleum, geothermal energy resources or geothermal
energy
".
10 16. Section 24 amended
Section 24(2) is amended by deleting "or petroleum" and
inserting instead --
"
petroleum, geothermal energy resources or geothermal
15 energy
".
17. Part III heading replaced
The heading to Part III is deleted and the following heading is
inserted instead --
20 "
Part III -- Mining for petroleum, geothermal
energy resources and geothermal energy
".
18. Section 28 amended
25 (1) Section 28(1) is amended as follows:
(a) before "permit" in both places where it occurs by
inserting --
" petroleum exploration ";
page 12
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 18
(b) before "drilling" in both places where it occurs by
inserting --
" petroleum ";
(c) before "lease" in both places where it occurs by
5 inserting --
" petroleum retention ";
(d) before "licence" in both places where it occurs by
inserting --
" petroleum production ";
10 (e) before "special" by inserting --
" petroleum ";
(f) before "access" by inserting --
" petroleum ".
(2) After section 28(1) the following subsection is inserted --
15 "
(1a) The Minister may, by instrument published in the
Gazette, declare that a block specified in the instrument
(not being a block in respect of which a geothermal
exploration permit, geothermal drilling reservation,
20 geothermal retention lease or geothermal production
licence is in force) shall not be the subject of a
geothermal exploration permit, geothermal drilling
reservation, geothermal retention lease, geothermal
production licence, geothermal special prospecting
25 authority or geothermal access authority.
".
(3) Section 28(2) is amended as follows:
(a) before "permit" by inserting --
" petroleum exploration ";
30 (b) before "drilling" by inserting --
" petroleum ";
page 13
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 19
(c) before "lease" by inserting --
" petroleum retention ";
(d) before "licence" by inserting --
" petroleum production ";
5 (e) before "special" by inserting --
" petroleum ";
(f) before "access" by inserting --
" petroleum ".
(4) After section 28(2) the following subsection is inserted --
10 "
(3) While a declaration under subsection (1a) remains in
force in respect of a block, a geothermal exploration
permit, geothermal drilling reservation, geothermal
retention lease, geothermal production licence,
15 geothermal special prospecting authority or geothermal
access authority shall not be granted in respect of that
block.
".
19. Section 29 amended
20 (1) Section 29(1)(a) is amended by deleting "permit or drilling" and
inserting instead --
" petroleum exploration permit or a petroleum drilling ".
(2) Section 29(2) is repealed and the following subsections are
inserted instead --
25 "
(2) A person shall not explore for geothermal energy
resources in the State except --
(a) under and in accordance with a geothermal
exploration permit or a geothermal drilling
30 reservation; or
(b) as otherwise permitted by this Act.
Penalty: $50 000 or imprisonment for 5 years, or both.
page 14
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 20
(3) In this section --
"explore for", in relation to petroleum or geothermal
energy resources, includes to conduct any
geophysical survey the data from which are
5 intended for use in the search for petroleum or
geothermal energy resources.
".
20. Section 31 amended
Section 31(1) is amended as follows:
10 (a) by deleting paragraph (c) and inserting instead --
"
(c) shall be in respect of not more than --
(i) 400 blocks, if the application relates to
the exploration for petroleum; or
15 (ii) 160 blocks, if the application relates to
the exploration for geothermal energy
resources;
and
";
20 (b) after each of paragraphs (a), (b) and (d) by inserting --
" and ";
(c) after paragraph (d)(i) and (ii) by inserting --
" and ".
21. Section 32 amended
25 Section 32(4) is amended by deleting "an exploration permit for
petroleum" and inserting instead --
"
a petroleum exploration permit or a geothermal
exploration permit, as the case requires,
30 ".
page 15
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 22
22. Section 33 amended
(1) Section 33(1) is amended as follows:
(a) in paragraph (a) before "lease", by inserting --
" petroleum retention ";
5 (b) in paragraph (aa) before "licence", by inserting --
" petroleum production ";
(c) in paragraph (b) before "permit", by inserting --
" petroleum exploration ";
(d) after "grant of a" by inserting --
10 " petroleum exploration ";
(e) after each of paragraphs (a) and (aa) by inserting --
" or ".
(2) After section 33(1) the following subsection is inserted --
"
15 (2) If --
(a) a geothermal retention lease is surrendered,
cancelled or determined as to a block or blocks;
or
(b) a geothermal production licence is surrendered
20 or cancelled as to a block or blocks; or
(c) a geothermal exploration permit is surrendered,
cancelled or determined as to a block or blocks
and, at the time of the surrender, cancellation or
determination, the block was, or was included
25 in, or the blocks were, or were included in, a
location; or
(d) a geothermal resources area from which
geothermal energy has been recovered is within
or extends to a block which is not, or to blocks
page 16
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 23
which are not, the subject of a permit, drilling
reservation, lease or licence,
the Minister may, at any subsequent time, by
instrument published in the Gazette, invite applications
5 for the grant of a geothermal exploration permit in
respect of that block or such of those blocks as are
specified in the instrument and specify a period within
which applications may be made.
".
10 23. Section 35 amended
Section 35(1) and (2) are amended after "section 33(1)" by
inserting --
" or (2) ".
24. Section 37 amended
15 Section 37 is amended by deleting "an exploration permit for
petroleum" and inserting instead --
"
a petroleum exploration permit or a geothermal
exploration permit, as the case requires,
20 ".
25. Section 37A amended
Section 37A(1) is amended by deleting "permits" and inserting
instead --
"
25 petroleum exploration permits (if the original permit is
a petroleum exploration permit) or 2 or more
geothermal exploration permits (if the original permit
is a geothermal exploration permit)
".
page 17
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 26
26. Section 38 amended
Section 38 is amended as follows:
(a) before "A" by inserting the subsection
designation "(1)";
5 (b) after "A" by inserting --
" petroleum exploration ";
(c) at the end of the section by inserting the following
subsection --
"
10 (2) A geothermal exploration permit, while it remains in
force, authorises the permittee, subject to this Act and
in accordance with the conditions to which the permit
is subject --
(a) to explore for geothermal energy resources in
15 the permit area; and
(b) to recover geothermal energy in the permit area
for the purpose of establishing the nature and
probable extent of a discovery of geothermal
energy resources; and
20 (c) to carry on such operations and execute such
works in the permit area as are necessary for
those purposes.
".
27. Section 43A amended
25 Section 43A(2) is repealed and the following subsections are
inserted instead --
"
(2) Applications for the grant of a petroleum drilling
reservation shall not be invited under subsection (1)
30 over any area that is included in an existing petroleum
exploration permit or an application for a petroleum
page 18
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 28
exploration permit, petroleum drilling reservation,
petroleum lease or petroleum production licence.
(2a) Applications for the grant of a geothermal drilling
reservation shall not be invited under subsection (1)
5 over any area that is included in an existing geothermal
exploration permit or an application for a geothermal
exploration permit, geothermal drilling reservation,
geothermal lease or geothermal production licence.
".
10 28. Section 43B amended
Section 43B(1) is amended as follows:
(a) in paragraph (c) after "deposits" by inserting --
"
or geothermal energy resources, as the case
15 requires
";
(b) in paragraph (d)(iv) after "deposit" by inserting --
"
or geothermal energy resources, as the
20 case requires,
";
(c) after each of paragraphs (a), (b), (c) and (d) by
inserting --
" and ";
25 (d) after paragraph (d)(i), (ii), (iii) and (iv) by inserting --
" and ".
29. Section 43D amended
Section 43D is amended as follows:
(a) before "A" by inserting the subsection
30 designation "(1)";
page 19
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 30
(b) after "A" by inserting --
" petroleum ";
(c) at the end of the section by inserting --
"
5 (2) A geothermal drilling reservation, while it remains in
force, authorises the holder of the drilling reservation,
subject to this Act and in accordance with the
conditions to which the drilling reservation is
subject --
10 (a) to drill for geothermal energy resources in the
drilling reservation area; and
(b) to recover geothermal energy in the drilling
reservation area for the purpose of establishing
the nature and probable extent of a discovery of
15 geothermal energy resources; and
(c) to carry on such operations and execute such
works in the drilling reservation area as are
necessary for those purposes.
".
20 30. Section 44 amended
(1) Section 44(1) is amended by deleting "permit area or" and
inserting instead --
" petroleum permit area or petroleum ".
(2) After section 44(1) the following subsections are inserted --
25 "
(1a) If geothermal energy resources are discovered in a
geothermal permit area or geothermal drilling
reservation, the permittee or the holder of the drilling
reservation, as the case requires --
30 (a) shall forthwith inform the Minister of the
discovery; and
page 20
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 30
(b) shall, within a period of 3 days after the date of
the discovery, furnish to the Minister
particulars in writing of the discovery.
(1b) If --
5 (a) petroleum is discovered in a geothermal permit
area or geothermal drilling reservation; or
(b) geothermal energy resources are discovered in
a petroleum permit area or petroleum drilling
reservation,
10 the permittee or the holder of the drilling reservation,
as the case requires, shall, within a period of 3 days
after the date of the discovery, furnish to the Minister
particulars in writing of the discovery.
".
15 (3) Section 44(2) is amended as follows:
(a) by deleting "permit area or" and inserting instead --
" petroleum permit area or petroleum ";
(b) after paragraph (b) by deleting "and".
(4) After section 44(2) the following subsection is inserted --
20 "
(2a) If geothermal energy resources are discovered in a
geothermal permit area or geothermal drilling
reservation, the Minister may, from time to time, by
instrument in writing served on the permittee or holder
25 of the drilling reservation, as the case requires, direct
the permittee or holder of the drilling reservation to
furnish to the Minister, within the period specified in
the instrument, particulars in writing of any one or
more of the following --
30 (a) the properties of the geothermal energy
resources;
page 21
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 31
(b) the nature of the strata in which the geothermal
energy resources occur;
(c) any other matters relating to the discovery that
are specified by the Minister in the instrument.
5 ".
(5) Section 44(3) is amended after "subsection (2)" by inserting --
" or (2a) ".
31. Section 45 amended
(1) Section 45(1) is amended by deleting "permit area or" and
10 inserting instead --
" petroleum permit area or petroleum ".
(2) After section 45(1) the following subsection is inserted --
"
(1a) If geothermal energy resources are discovered in a
15 geothermal permit area or geothermal drilling
reservation, the Minister may, by instrument in writing
served on the permittee or holder of the drilling
reservation, as the case requires, direct the permittee or
holder of the drilling reservation to do, within the
20 period specified in the instrument, such things as the
Minister thinks necessary and specifies in the
instrument to determine the properties of those
geothermal energy resources and to determine the
quantity of geothermal energy resources in the
25 geothermal resources area to which the discovery
relates or, if part only of that geothermal resources area
is within the permit area or drilling reservation, in such
part of that geothermal resources area as is within the
permit area or drilling reservation.
30 ".
(3) Section 45(2) is amended after "subsection (1)" by inserting --
" or (1a) ".
page 22
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 32
32. Section 46 amended
(1) Section 46(1) is amended by deleting "permit area or" and
inserting instead --
" petroleum permit area or petroleum ".
5 (2) After section 46(1) the following subsection is inserted --
"
(1a) If a geothermal resources area is identified in a
geothermal permit area or geothermal drilling
reservation, the permittee or the holder of the drilling
10 reservation, as the case requires, may nominate the
block in which the geothermal resources area is
situated, or the blocks (being blocks within the permit
area or drilling reservation) to which the geothermal
resources area extends, for declaration as a location.
15 ".
(3) Section 46(2) is amended by deleting "permit area or" and
inserting instead --
" petroleum permit area or petroleum ".
(4) After section 46(2) the following subsection is inserted --
20 "
(2a) If 2 or more geothermal resources areas are identified
in a geothermal permit area or geothermal drilling
reservation, the permittee or holder of the drilling
reservation, as the case requires, may, instead of
25 making a nomination under subsection (1a) in relation
to each geothermal resources area, nominate all of the
blocks to which the geothermal resources areas extend,
or to which any 2 or more of the geothermal resources
areas extend, for declaration as a single location.
30 ".
page 23
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 33
(5) Section 46(3) is amended as follows:
(a) after "subsection (2)" by inserting --
" or (2a) ";
(b) after "pools" in both places where it occurs by
5 inserting --
" or geothermal resources areas ";
(c) after "pool" by inserting --
" or geothermal resources area ".
(6) Section 46(5) is amended as follows:
10 (a) after "petroleum pool" by inserting --
"
, or geothermal energy from the geothermal resources
area,
";
15 (b) after "one pool" by inserting --
" or geothermal resources area ";
(c) after "pools" by inserting --
" or geothermal resources areas ".
(7) Section 46(6)(a) is amended by deleting "or (2);" and inserting
20 instead --
" , (1a), (2) or (2a); ".
33. Section 47 amended
(1) Section 47(4) is amended after "declaration" by inserting --
" that relates to petroleum ".
page 24
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 34
(2) After section 47(4) the following subsection is inserted --
"
(4a) The Minister may vary a declaration that relates to
geothermal energy resources by --
5 (a) adding to the location a block in the permit area
or drilling reservation, as the case requires, to
which, in the opinion of the Minister, a
geothermal resources area within the location
extends; or
10 (b) deleting from the location a block to which, in
the opinion of the Minister, no geothermal
resources area within the location extends.
".
34. Part III Division 2A heading amended
15 The heading to Part III Division 2A is amended by deleting "for
petroleum".
35. Section 48A amended
(1) Section 48A(1) is amended as follows:
(a) after "permittee whose" by inserting --
20 " petroleum exploration ";
(b) after "reservation whose" by inserting --
" petroleum ";
(c) after "grant of a" by inserting --
" petroleum retention ".
25 (2) After section 48A(1) the following subsection is inserted --
"
(1a) A permittee whose geothermal exploration permit is in
force, or the holder of a drilling reservation whose
geothermal drilling reservation is in force, in respect of
30 a block that constitutes, or the blocks that constitute, a
location may, within the application period, make an
page 25
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 36
application to the Minister for the grant of a geothermal
retention lease in respect of that block, or in respect of
one or more of those blocks, as the case may be.
".
5 (3) Section 48A(2) is amended as follows:
(a) after "subsection (1)" by inserting --
" or (1a) ";
(b) in paragraph (c)(ii) after "petroleum" in the first place
where it occurs by inserting --
10 " or geothermal energy, as the case requires, ";
(c) in paragraph (c)(ii) after "petroleum" in the second place
where it occurs by inserting --
" or geothermal energy ".
36. Section 48B amended
15 (1) Section 48B(1) is amended as follows:
(a) in paragraph (c) after "petroleum" by inserting --
" or geothermal energy, as the case requires, ";
(b) by deleting "lease" and inserting instead --
"
20 petroleum retention lease or geothermal retention lease,
as the case requires,
".
(2) Section 48B(5) is amended by deleting "retention lease" and
inserting instead --
25 "
petroleum retention lease or geothermal retention lease,
as the case requires,
".
page 26
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 37
37. Section 48C amended
Section 48C is amended as follows:
(a) before "A" by inserting the subsection
designation "(1)";
5 (b) after "A" by inserting --
" petroleum ";
(c) at the end of the section by inserting --
"
(2) A geothermal lease, while it remains in force,
10 authorises the lessee, subject to this Act and in
accordance with the conditions to which the lease is
subject --
(a) to explore for geothermal energy resources in
the lease area; and
15 (b) to recover geothermal energy in the lease area
for the purpose of establishing the nature and
probable extent of a discovery of geothermal
energy resources; and
(c) to carry on such operations and execute such
20 works in the lease area as are necessary for
those purposes.
".
38. Section 48E amended
Section 48E(1)(c) is amended by deleting "lease area" and
25 inserting instead --
"
petroleum lease area or geothermal energy from
the geothermal lease area, as the case requires,
".
page 27
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 39
39. Section 48F amended
Section 48F(2)(c)(ii) is amended as follows:
(a) by deleting "lease area" in the first place where it occurs
and inserting instead --
5 "
petroleum lease area or geothermal
energy from the geothermal lease area,
as the case requires,
";
10 (b) by deleting "lease area;" and inserting instead --
"
petroleum lease area or geothermal
energy from the geothermal lease area;
".
15 40. Section 48G amended
Section 48G(1)(c) is amended by deleting "lease area" and
inserting instead --
"
petroleum lease area or geothermal energy from
20 the geothermal lease area, as the case requires
".
41. Section 48H amended
Section 48H(3) is amended by deleting "petroleum production
in the lease area" and inserting instead --
25 "
, as the case requires, the recovery of petroleum from
the petroleum lease area or geothermal energy from the
geothermal lease area
".
page 28
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 42
42. Section 48J amended
(1) Section 48J(1) is amended after "discovered in a" by
inserting --
"
5 petroleum lease area or geothermal energy resources
are discovered in a geothermal
".
(2) After section 48J(1) the following subsection is inserted --
"
10 (1a) If --
(a) petroleum is discovered in a geothermal lease
area; or
(b) geothermal energy resources are discovered in
a petroleum lease area,
15 the lessee shall, within a period of 3 days after the date
of the discovery, furnish to the Minister particulars in
writing of the discovery.
".
(3) Section 48J(2) is amended after "discovered in a" by
20 inserting --
" petroleum ".
(4) After section 48J(2) the following subsection is inserted --
"
(2a) If geothermal energy resources are discovered in a
25 geothermal lease area, the Minister may, from time to
time, by instrument in writing served on the lessee,
direct the lessee to furnish to the Minister, within the
period specified in the instrument, particulars in
writing of any one or more of the following --
30 (a) the properties of the geothermal energy
resources;
page 29
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 43
(b) the nature of the strata in which the geothermal
energy resources occur;
(c) any other matters relating to the discovery that
are specified by the Minister in the instrument.
5 ".
(5) Section 48J(3) is amended after "subsection (2)" by inserting --
" or (2a) ".
43. Section 48K amended
(1) Section 48K(1) is amended after "discovered in a" by
10 inserting --
" petroleum ".
(2) After section 48K(1) the following subsection is inserted --
"
(1a) If geothermal energy resources are discovered in a
15 geothermal lease area, the Minister may, by instrument
in writing served on the lessee, direct the lessee to do,
within the period specified in the instrument, such
things as the Minister thinks necessary and specifies in
the instrument to determine the properties of the
20 geothermal energy resources and to determine the
quantity of geothermal energy resources in the
geothermal resources area to which the discovery
relates or, if part only of that geothermal resources area
is within the lease area, in such part of that geothermal
25 resources area as is within the lease area.
".
(3) Section 48K(2) is amended after "subsection (1)" by
inserting --
" or (1a) ".
page 30
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 44
44. Part III Division 3 heading amended
The heading to Part III Division 3 is amended by deleting "for
petroleum".
45. Section 49 amended
5 Section 49 is amended as follows:
(a) before "A" by inserting the subsection
designation "(1)";
(b) in paragraph (a) after "with a" by inserting --
" petroleum production ";
10 (c) at the end of the section by inserting --
"
(2) A person shall not carry on operations for the recovery
of geothermal energy in the State except --
(a) under and in accordance with a geothermal
15 production licence; or
(b) as otherwise permitted by this Act.
Penalty: $50 000 or imprisonment for 5 years, or both.
".
46. Section 50 amended
20 (1) Section 50(1) is amended as follows:
(a) after "permittee whose" by inserting --
" petroleum exploration ";
(b) after "reservation whose" by inserting --
" petroleum ";
25 (c) after "grant of a" by inserting --
" petroleum production ".
page 31
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 47
(2) After section 50(1) the following subsection is inserted --
"
(1a) A permittee whose geothermal exploration permit is in
force, or the holder of a drilling reservation whose
5 geothermal drilling reservation is in force, in respect of
a block that constitutes, or the blocks that constitute, a
location may, within the application period, make an
application to the Minister for the grant of a geothermal
production licence in respect of the block that
10 constitutes, or the blocks that constitute, the location.
".
(3) Section 50(2)(a) is amended after "subsection (1)" by
inserting --
" or (1a) ".
15 (4) Section 50(3) is amended as follows:
(a) in paragraphs (a) and (b) before "permittee" by
inserting --
" petroleum ";
(b) in paragraphs (a) and (b) after "holder of a" by
20 inserting --
" petroleum ".
47. Section 50A amended
(1) Section 50A(1) is amended as follows:
(a) after "whose" by inserting --
25 " petroleum ";
(b) after "grant of a" by inserting --
" petroleum production ".
page 32
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 48
(2) After section 50A(1) the following subsection is inserted --
"
(1a) A lessee whose geothermal lease is in force may make
an application to the Minister for the grant of a
5 geothermal production licence --
(a) where the lease is in respect of 2 or more
blocks, in respect of all of those blocks; or
(b) where the lease is in respect of one block, in
respect of that block.
10 ".
(3) Section 50A(2) is amended after "subsection (1)" by
inserting --
" or (1a) ".
(4) Section 50A(3) is amended after "Where a" by inserting --
15 " petroleum ".
48. Section 53 amended
Section 53(2)(b) is amended before "specify" by inserting --
"
in respect of an application for the grant of a
20 petroleum production licence --
".
49. Section 54 amended
Section 54(2) is amended by deleting "production licence for
petroleum" and inserting instead --
25 "
petroleum production licence or geothermal production
licence, as the case requires,
".
page 33
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 50
50. Section 57 amended
(1) Section 57(1) is amended as follows:
(a) in paragraph (a) before "licence" by inserting --
" petroleum production ";
5 (b) in paragraph (b) by deleting "permit, drilling reservation
or" and inserting instead --
"
petroleum exploration permit, petroleum
drilling reservation or petroleum retention
10 ";
(c) in paragraph (ba) by deleting ", or to blocks which are,";
(d) in paragraph (ba) by deleting "permit, drilling
reservation, lease or" and inserting instead --
"
15 petroleum exploration permit, petroleum
drilling reservation, petroleum retention lease
or petroleum production
";
(e) by deleting ", at any subsequent time,";
20 (f) in paragraph (c) after "grant of a" by inserting --
" petroleum production ".
(2) After section 57(1) the following subsection is inserted --
"
(1a) If --
25 (a) a geothermal production licence is surrendered
or cancelled as to a block; or
(b) a geothermal exploration permit, geothermal
drilling reservation or geothermal retention
lease is surrendered, cancelled or determined as
30 to a block --
(i) that, at the time of the surrender,
cancellation or determination, was, or
was included in, a location; and
page 34
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 50
(ii) in which, in the opinion of the Minister,
there are geothermal energy resources;
or
(c) a geothermal resources area from which
5 geothermal energy has been recovered is within
or extends to a block which is not the subject of
a geothermal exploration permit, geothermal
drilling reservation, geothermal retention lease
or geothermal production licence,
10 the Minister may by instrument published in the
Gazette --
(d) invite applications for the grant of a geothermal
production licence in respect of that block; and
(e) specify a period within which applications may
15 be made.
".
(3) Section 57(2) is amended as follows:
(a) in paragraph (a) after "grant of a" by inserting --
" petroleum production ";
20 (b) in paragraph (b) after "pay, if a" by inserting --
" petroleum production ".
(4) Section 57(3) is amended after "to grant a" by inserting --
" petroleum production ".
(5) After section 57(3) the following subsection is inserted --
25 "
(4) The Minister shall, in an instrument under
subsection (1a), state that an applicant is required to
specify an amount that the applicant would be prepared
to pay in respect of the grant of a geothermal
30 production licence to the applicant on the application.
".
page 35
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 51
(6) Section 57(6) is amended as follows:
(a) after "and" after paragraph (d) by inserting --
"
(e) in the case of an application under
5 subsection (1a), shall specify, in accordance
with the requirement in the instrument by
which applications were invited, the amount
that the applicant would be prepared to pay;
and
10 ";
(b) after each of paragraphs (a), (b) and (c) by inserting --
" and ".
51. Section 59 amended
(1) Section 59(1) is amended after "subsection (1)" by inserting --
15 " or (1a) ".
(2) Section 59(2) is amended as follows:
(a) after "subsection (1)" by inserting --
" or (1a) ";
(b) in paragraph (b) after "amount, or" in both places where
20 it occurs by inserting --
" , if applicable, ".
52. Section 60 amended
Section 60 is amended by deleting "production licence for
petroleum" and inserting instead --
25 "
petroleum production licence or geothermal production
licence, as the case requires,
".
page 36
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 53
53. Section 61 amended
(1) Section 61(1) is amended by deleting "of 2 or more licences"
and inserting instead --
"
5 of --
(a) if the original licence is a petroleum production
licence -- 2 or more petroleum production
licences; or
(b) if the original licence is a geothermal
10 production licence -- 2 or more geothermal
production licences,
".
(2) Section 61(4) is amended by deleting "production licences for
petroleum" and inserting instead --
15 "
petroleum production licences or geothermal
production licences, as the case requires,
".
54. Section 62 amended
20 Section 62 is amended as follows:
(a) before "A" by inserting the subsection
designation "(1)";
(b) after "A" by inserting --
" petroleum production ";
25 (c) at the end of the section by inserting --
"
(2) A geothermal production licence, while it remains in
force, authorises the licensee, subject to this Act and in
accordance with the conditions to which the licence is
30 subject --
(a) to recover geothermal energy in the licence area
and to recover geothermal energy from the
page 37
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 55
licence area in another area to which the
licensee has lawful access for that purpose; and
(b) to explore for geothermal energy resources in
the licence area; and
5 (c) to carry on such operations and execute such
works in the licence area as are necessary for
those purposes.
".
55. Sections 62A and 62B inserted
10 After section 62 the following sections are inserted --
"
62A. Geothermal energy recovery development plans
(1) A geothermal licensee is to submit to the Minister for
approval a geothermal energy recovery development
15 plan, or a geothermal energy recovery development
plan as varied under subsection (2), that sets out the
information required by the regulations in relation to
how geothermal energy is proposed to be recovered
under the licence.
20 (2) Before approving a geothermal energy recovery
development plan submitted under subsection (1), the
Minister may, by instrument in writing served on the
geothermal licensee, direct the licensee to vary the
development plan, as specified in the instrument, for
25 the purpose of securing the more effective recovery of
geothermal energy under the licence.
(3) The Minister is not to give a direction under
subsection (2) unless the Minister has given to the
geothermal licensee an opportunity to confer with the
30 Minister concerning the proposed direction.
page 38
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 56
(4) The Minister may approve a geothermal energy
recovery development plan submitted under
subsection (1).
62B. Variation of approved development plans
5 (1) The Minister may, by instrument in writing served on a
geothermal licensee, direct the licensee to vary the
approved development plan that applies to the
geothermal production licence, as specified in the
instrument, for the purpose of securing the more
10 effective recovery of geothermal energy under the
licence.
(2) The Minister is not to give a direction under
subsection (1) unless the Minister has given to the
geothermal licensee an opportunity to confer with the
15 Minister concerning the proposed direction.
(3) On the written application of the geothermal licensee,
the Minister may approve a variation of the approved
development plan.
(4) An approved development plan that is varied under this
20 section has effect as so varied.
".
56. Section 66 amended
Section 66 is amended as follows:
(a) before "A" by inserting the subsection
25 designation "(1)";
(b) at the end of the section by inserting --
"
(2) Without limiting subsection (1), a geothermal
production licence is subject to the condition that
30 geothermal energy may be recovered under the licence
only in accordance with the approved development
plan.
".
page 39
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 57
57. Section 69 amended
(1) Section 69(1) is amended by deleting paragraph (a) and "and"
after it and inserting instead --
"
5 (a) applies in relation to --
(i) a petroleum pool that is partly in a
particular licence area of a petroleum
licensee and partly in another area,
whether in the State or not, in respect of
10 which another person has authority,
whether under this Act or another
written law or under the law of another
State or of the Northern Territory, to
carry on operations for the recovery of
15 petroleum from the pool; or
(ii) a geothermal resources area that is
partly in a particular licence area of a
geothermal licensee and partly in
another area, whether in the State or not,
20 in respect of which another person has
authority, whether under this Act or
another written law or under the law of
another State or of the Northern
Territory, to carry on operations for the
25 recovery of geothermal energy from the
geothermal resources area;
and
".
(2) Section 69(1)(b) is amended after "pool" by inserting --
30 "
or geothermal energy from that geothermal
resources area, as the case requires,
".
page 40
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 57
(3) Section 69(2) is amended after "pool" by inserting --
" or geothermal resources area, as the case requires ".
(4) Section 69(3) is amended as follows:
(a) in paragraphs (a) and (b) after "pool" by inserting --
5 " or particular geothermal resources area ";
(b) in paragraph (b) after "recovery of petroleum" by
inserting --
" or geothermal energy ";
(c) by deleting "pool, direct any licensee whose licence area
10 includes part of the petroleum pool," and inserting
instead --
"
pool or geothermal energy from the geothermal
resources area, direct any petroleum licensee whose
15 licence area includes part of the petroleum pool or any
geothermal licensee whose licence area includes part of
the geothermal resources area,
";
(d) after "development of the petroleum pool" by
20 inserting --
" or geothermal resources area ".
(5) Section 69(4) is amended after "petroleum pool" in both places
where it occurs by inserting --
" or geothermal resources area ".
25 (6) Section 69(5) is amended as follows:
(a) after "petroleum pool" in the first place where it occurs
by inserting --
" or geothermal resources area ";
page 41
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 57
(b) by deleting "pool." and inserting instead --
"
pool or geothermal energy from the geothermal
resources area.
5 ".
(7) Section 69(6) is amended as follows:
(a) by deleting "is the licensee in respect of 2 or more
licence areas in each of which there is part of a
particular petroleum pool," and inserting instead --
10 "
is --
(a) the petroleum licensee in respect of 2 or more
licence areas in each of which there is part of a
particular petroleum pool; or
15 (b) the geothermal licensee in respect of 2 or more
licence areas in each of which there is part of a
particular geothermal resources area,
";
(b) by deleting "pool." and inserting instead --
20 "
pool or geothermal energy from the geothermal
resources area.
".
(8) Section 69(7) is amended by deleting "pool." and inserting
25 instead --
"
pool or geothermal energy from the geothermal
resources area.
".
30 (9) Section 69(9) is amended after "petroleum" by inserting --
" or geothermal energy ".
page 42
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 57
(10) After section 69(11) the following subsection is inserted --
"
(11a) If a geothermal resources area extends, or is reasonably
believed by the Minister to extend, from an area of the
5 State into --
(a) lands to which other written laws or the laws of
another State or of a Territory relating to the
exploitation of geothermal energy resources
apply; or
10 (b) the adjacent area of an adjoining State or
Territory,
each Minister concerned shall consult concerning the
exploitation of the geothermal resources area with any
other Minister concerned and with the appropriate
15 authority of another State or a Territory referred to in
paragraph (a).
".
(11) Section 69(12) is amended as follows:
(a) by deleting "subsection (1) applies in relation to a
20 petroleum pool," and inserting instead --
"
subsection (11) applies in relation to a petroleum pool
or subsection (11a) applies in relation to a geothermal
resources area,
25 ";
(b) after "that petroleum pool" by inserting --
" or geothermal resources area ".
page 43
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 58
58. Part III Division 3A inserted
After section 69 the following Division is inserted --
"
Division 3A -- Petroleum titles and geothermal titles
5 may subsist in respect of same blocks
69A. Petroleum titles and geothermal titles may subsist in
respect of same blocks
(1) In this section --
"geothermal title" means a geothermal exploration
10 permit, geothermal drilling reservation, geothermal
retention lease, geothermal production licence,
geothermal special prospecting authority or
geothermal access authority;
"petroleum title" means a petroleum exploration
15 permit, petroleum drilling reservation, petroleum
retention lease, petroleum production licence,
petroleum special prospecting authority or
petroleum access authority.
(2) The Minister is not to --
20 (a) grant a petroleum title on an application under
this Act in respect of a block that is the subject
of a geothermal title of which the registered
holder is a person other than the applicant; or
(b) vary a petroleum production licence on an
25 application under section 50(2) to include in the
licence area a block that is the subject of a
geothermal title of which the registered holder
is a person other than the applicant,
unless the Minister has complied with subsection (3).
page 44
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 58
(3) The Minister has complied with this subsection if the
Minister --
(a) has, by instrument in writing served on the
registered holder of the geothermal title, given
5 not less than one month's notice of the
Minister's intention to grant the petroleum title
or vary the petroleum production licence, as the
case requires; and
(b) has in the instrument --
10 (i) given particulars of the petroleum title
proposed to be granted or of the
variation proposed to be made to the
petroleum production licence; and
(ii) specified a date on or before which the
15 person on whom the instrument is
served may, by instrument in writing
served on the Minister, submit any
matters that the person wishes the
Minister to consider;
20 and
(c) has taken into account any matters submitted to
the Minister on or before the specified date by
that person.
(4) The Minister is not to --
25 (a) grant a geothermal title on an application under
this Act in respect of a block that is the subject
of a petroleum title of which the registered
holder is a person other than the applicant; or
(b) vary a geothermal production licence on an
30 application under section 50(2) to include in the
licence area a block that is the subject of a
petroleum title of which the registered holder is
a person other than the applicant,
unless the Minister has complied with subsection (5).
page 45
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 59
(5) The Minister has complied with this subsection if the
Minister --
(a) has, by instrument in writing served on the
registered holder of the petroleum title, given
5 not less than one month's notice of the
Minister's intention to grant the geothermal
title or vary the geothermal production licence,
as the case requires; and
(b) has in the instrument --
10 (i) given particulars of the geothermal title
proposed to be granted or of the
variation proposed to be made to the
geothermal production licence; and
(ii) specified a date on or before which the
15 person on whom the instrument is
served may, by instrument in writing
served on the Minister, submit any
matters that the person wishes the
Minister to consider;
20 and
(c) has taken into account any matters submitted to
the Minister on or before the specified date by
that person.
(6) Nothing in this section limits the operation of any other
25 provision of this Act relating to applying for, granting or
varying a petroleum title or geothermal title.
".
59. Section 72 amended
Section 72(9) is amended after "Petroleum" by inserting --
30 " and Geothermal Energy Resources ".
page 46
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 60
60. Section 75 amended
(1) Section 75(1)(c) and (d)(ii) are amended after "petroleum" by
inserting --
" or geothermal energy ".
5 (2) Section 75(12) is amended after "Petroleum" by inserting --
" and Geothermal Energy Resources ".
61. Section 76 amended
Section 76(1) and (2) are amended after "Petroleum" by
inserting --
10 " and Geothermal Energy Resources ".
62. Section 85 amended
Section 85(1) is amended after "Petroleum" by inserting --
" and Geothermal Energy Resources ".
63. Section 91 amended
15 (1) Section 91(1) is amended by deleting "out all petroleum
exploration operations and operations for the recovery of
petroleum" and inserting instead --
"
out --
20 (a) all petroleum exploration operations and
operations for the recovery of petroleum; or
(b) all geothermal energy resources exploration
operations and operations for the recovery of
geothermal energy,
25 as the case requires,
".
page 47
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 63
(2) After section 91(1) the following subsection is inserted --
"
(1a) Subsections (2) and (2a) have effect without limiting
the generality of subsection (1) but subject to any
5 authorisation, requirement or direction given or made
by or under this Act.
".
(3) Section 91(2) is amended as follows:
(a) by deleting the passage beginning with "In" and ending
10 with "shall -- " and inserting instead --
"
A petroleum permittee, holder of a petroleum drilling
reservation, petroleum lessee or petroleum licensee
shall --
15 ";
(b) after each of paragraphs (a), (b) and (c) by inserting --
" and ".
(4) After section 91(2) the following subsection is inserted --
"
20 (2a) A geothermal permittee, holder of a geothermal drilling
reservation, geothermal lessee or geothermal licensee
shall --
(a) control the flow and prevent the waste or
escape in the permit area, drilling reservation,
25 lease area or licence area of geothermal energy
resources or water; and
(b) prevent the escape in the permit area, drilling
reservation, lease area or licence area of any
mixture of water or drilling fluid with
30 geothermal energy resources or any other
matter; and
page 48
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 63
(c) prevent damage to geothermal energy resources
in an area, whether in the State or not, in
respect of which the permit, drilling
reservation, lease or licence is not in force; and
5 (d) keep separate --
(i) each geothermal resources area
discovered in the permit area, drilling
reservation, lease area or licence area;
and
10 (ii) such of the sources of water, if any,
discovered in that area as the Minister,
by instrument in writing served on that
person, directs;
and
15 (e) except for the purposes of the recovery of
geothermal energy under this Act and when
required by, and in accordance with, good
oil-field practice -- prevent water or any other
matter entering any geothermal resources area
20 through wells in the permit area, drilling
reservation, lease area or licence area.
".
(5) Section 91(3) is amended after "exploration operations" by
inserting --
25 "
or geothermal energy resources exploration operations,
as the case requires,
".
(6) Section 91(4) is amended in the penalty provision after "(2)" by
30 inserting --
" , (2a) ".
page 49
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 64
64. Section 91A amended
(1) Section 91A(1) is amended by deleting "petroleum." and
inserting instead --
"
5 petroleum or geothermal energy resources, as the case
requires.
".
(2) Section 91A(2) is amended by deleting "petroleum." and
inserting instead --
10 "
petroleum or geothermal energy resources, as the case
requires.
".
65. Section 95 amended
15 Section 95(2)(b) is amended after "petroleum" by inserting --
" or geothermal energy resources ".
66. Section 105 amended
(1) Section 105(4) is amended after "A" by inserting --
" petroleum ".
20 (2) After section 105(4) the following subsection is inserted --
"
(4a) A geothermal special prospecting authority, while it
remains in force, authorises the holder, subject to this
Act and in accordance with the conditions to which the
25 special prospecting authority is subject, to carry on in
the blocks specified in the special prospecting authority
the geothermal energy resources exploration operations
so specified.
".
page 50
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 67
(3) Section 105(6b) is amended as follows:
(a) in paragraph (a) after "holds a" by inserting --
" petroleum ";
(b) in paragraph (b) after "another" by inserting --
5 " petroleum ";
(c) after paragraph (c) by inserting --
" and ".
(4) After section 105(6b) the following subsection is inserted --
"
10 (6c) If --
(a) a person holds a geothermal special prospecting
authority in respect of a block; and
(b) another geothermal special prospecting
authority is granted to another person in respect
15 of the block,
the Minister shall, by notice in writing served on each
of those persons, inform each of them of --
(c) the geothermal energy resources exploration
operations authorised by the special prospecting
20 authority granted to the other person; and
(d) the conditions to which the special prospecting
authority granted to the other person is subject.
".
67. Section 106 amended
25 (1) Section 106(1) is amended as follows:
(a) by deleting "permittee, holder of a drilling reservation,
lessee, licensee or holder of a" and inserting instead --
"
petroleum permittee, holder of a petroleum drilling
30 reservation, petroleum lessee, petroleum licensee or
holder of a petroleum
";
page 51
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 67
(b) by deleting "an access" and inserting instead --
" a petroleum access ".
(2) Section 106(1a) is amended by deleting "an access" and
inserting instead --
5 " a petroleum access ".
(3) After section 106(1a) the following subsections are inserted --
"
(1b) A person who is a geothermal permittee, holder of a
geothermal drilling reservation, geothermal lessee,
10 geothermal licensee or holder of a geothermal special
prospecting authority may make an application to the
Minister for the grant of a geothermal access authority
to enable the person to carry on, in an area being part
of the State that is not part of the permit area, drilling
15 reservation, lease area or licence area or area of the
blocks specified in the special prospecting authority,
geothermal energy resources exploration operations or
operations related to the recovery of geothermal energy
in or from the permit area, drilling reservation, lease
20 area or licence area or area of the blocks so specified.
(1c) A holder of a geothermal title outside the State may
make an application to the Minister for the grant of a
geothermal access authority to enable the holder to
carry on, in a part of the State, geothermal energy
25 resources exploration operations or operations related
to the recovery of geothermal energy in or from the
area to which that geothermal title relates.
".
(4) Section 106(3)(a) is amended by deleting "or a petroleum title"
30 and inserting instead --
" , petroleum title or geothermal title ".
page 52
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 67
(5) Section 106(4) is amended by deleting the passage beginning
with "not grant an access" and ending with "unless -- " and
inserting instead --
"
5 not --
(aa) grant a petroleum access authority on an
application under this section in respect of a
block that is the subject of a petroleum
exploration permit, petroleum drilling
10 reservation, petroleum retention lease or
petroleum production licence of which the
registered holder is a person other than the
applicant, or vary a petroleum access authority
as in force in respect of a block that is the
15 subject of a petroleum exploration permit,
petroleum drilling reservation, petroleum
retention lease or petroleum production licence
of which the registered holder is a person other
than the registered holder of the access
20 authority; or
(bb) grant a geothermal access authority on an
application under this section in respect of a
block that is the subject of a geothermal
exploration permit, geothermal drilling
25 reservation, geothermal retention lease or
geothermal production licence of which the
registered holder is a person other than the
applicant, or vary a geothermal access authority
as in force in respect of a block that is the
30 subject of a geothermal exploration permit,
geothermal drilling reservation, geothermal
retention lease or geothermal production
licence of which the registered holder is a
person other than the registered holder of the
35 access authority,
unless --
".
page 53
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 68
(6) Section 106(6) is amended after "Act or" by inserting --
" , in the case of a petroleum access authority, ".
(7) Section 106(11) is amended after "recovery of petroleum" by
inserting --
5 " or geothermal energy ".
(8) Section 106(13) is repealed and the following subsection is
inserted instead --
"
(13) In this section --
10 "geothermal title" means an authority, however
described, under a law of the Commonwealth, of
another State or of the Northern Territory to
explore for geothermal energy resources or to
recover geothermal energy;
15 "petroleum title" means an authority, however
described, under the Petroleum (Submerged
Lands) Act 1982 or a law of the Commonwealth,
of another State or of the Northern Territory to
explore for, or to recover, petroleum.
20 ".
68. Section 109 amended
Section 109(1) is amended after "State," by inserting --
"
or to geothermal energy resources exploration
25 operations or operations for the recovery of geothermal
energy in the State,
".
69. Section 112 amended
(1) Section 112(1)(b) is amended after "petroleum" by inserting --
30 " or geothermal energy resources ".
page 54
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 70
(2) Section 112(2) is amended by deleting "petroleum," and
inserting instead --
" petroleum or geothermal energy resources, ".
(3) Section 112(3) is amended after "petroleum" by inserting --
5 " or geothermal energy resources ".
(4) Section 112(5a) is amended by deleting "petroleum," and
inserting instead --
" petroleum or geothermal energy resources, ".
70. Section 113 amended
10 Section 113 is amended as follows:
(a) before "Where" by inserting the subsection designation
"(1)";
(b) at the end of the section by inserting --
"
15 (2) In subsection (1) --
"water" does not include water that constitutes
geothermal energy resources.
".
71. Section 116 amended
20 (1) Section 116(1) is amended after "operations" by inserting --
" or geothermal energy resources exploration operations ".
(2) Section 116(3) is amended after "operations" by inserting --
" or geothermal energy resources exploration operations ".
72. Section 117 amended
25 Section 117(c) is amended after "or not," by inserting --
" or geothermal energy resources or geothermal energy, ".
page 55
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 73
73. Section 119 amended
Section 119(1)(a) is amended by deleting "petroleum;" and
inserting instead --
"
5 petroleum or geothermal energy resources
exploration operations or operations for the
recovery of geothermal energy;
".
74. Section 123 amended
10 (1) Section 123(1) is amended as follows:
(a) in paragraph (c)(ii) and (iii) after "petroleum" by
inserting --
" or geothermal energy ";
(b) after paragraph (a) by inserting --
15 " and ";
(c) after paragraph (c)(i) by inserting --
" or ".
(2) Section 123(2) is amended after "Where" by inserting --
" , in respect of petroleum, ".
20 75. Section 142 amended
(1) Section 142(1) is amended after "petroleum" by inserting --
" or all geothermal energy, as the case requires, ".
(2) Section 142(2) is amended by deleting "permit, drilling
reservation, or" and inserting instead --
25 "
petroleum exploration permit, petroleum drilling
reservation or petroleum retention
".
page 56
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 76
(3) After section 142(2) the following subsection is inserted --
"
(2a) Subject to section 143, the prescribed rate in respect of
geothermal energy recovered under a geothermal
5 exploration permit, geothermal drilling reservation,
geothermal retention lease or geothermal production
licence is 2.5% of the royalty value of the geothermal
energy.
".
10 (4) Section 142(3) is amended after "under a" by inserting --
" petroleum production ".
(5) Section 142(7)(a) is amended after "a" by inserting --
" petroleum production ".
(6) Section 142(8) is amended after "Where a" by inserting --
15 " petroleum production ".
(7) Section 142(9) is amended after "under a" by inserting --
" petroleum production ".
76. Section 143 amended
(1) After section 143(1) the following subsection is inserted --
20 "
(1a) If, because the rate of recovery of geothermal energy
from a well has become so reduced or for any other
reason, the Minister is satisfied that, having regard to
the rate of royalty fixed by section 142(2a), further
25 recovery of geothermal energy from that well would be
uneconomic, the Minister may, by instrument in
writing, determine that the royalty in respect of
geothermal energy recovered from that well is to be at
such rate (being a rate lower than that fixed by that
page 57
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 1 General
s. 77
provision) as the Minister specifies in respect of such
period as the Minister specifies.
".
(2) Section 143(2) is amended by deleting "recovered, during the
5 period specified in the determination," and inserting instead --
"
or geothermal energy recovered, during the period
specified in a determination under subsection (1) or
(1a), as the case requires,
10 ".
77. Section 144 amended
Section 144(1) is amended as follows:
(a) in paragraph (a) after "petroleum" in both places where
it occurs by inserting --
15 " or geothermal energy ";
(b) after "and" after paragraph (b) by inserting --
"
(ba) is not payable in respect of geothermal energy
that is used by the permittee, lessee, holder of
20 the drilling reservation, or licensee as approved
by the Minister for the purposes of geothermal
energy resources exploration operations or
operations for the recovery of geothermal
energy; and
25 ";
(c) by deleting paragraph (c) and inserting --
"
(c) is not payable in respect of --
(i) petroleum that, with the approval of the
30 Minister, is flared or vented in
connection with operations for the
recovery of petroleum; or
page 58
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
General Division 1
s. 78
(ii) geothermal energy that, with the
approval of the Minister, is dissipated in
connection with operations for the
recovery of geothermal energy.
5 ";
(d) after paragraph (a) by inserting --
" and ".
78. Section 144A amended
(1) Section 144A(1) is amended after "petroleum" by inserting --
10 " or geothermal energy ".
(2) Section 144A(2) is amended as follows:
(a) by deleting ", in relation to petroleum recovered on or
after 1 March 1994, the value at the well-head of that
petroleum" and inserting instead --
15 "
the value at the well-head of petroleum or geothermal
energy
";
(b) by deleting "petroleum is" and inserting instead --
20 " petroleum or geothermal energy is ".
79. Section 145 amended
Section 145 is amended after "petroleum" by inserting --
" or geothermal energy ".
80. Section 146 amended
25 Section 146 is amended after "petroleum" by inserting --
" or geothermal energy ".
page 59
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 2 Amendments to Act as amended by the Petroleum Legislation
Amendment and Repeal Act 2005
s. 81
81. Section 147 amended
Section 147 is amended after "petroleum" in both places where
it occurs by inserting --
" or geothermal energy ".
5 82. Section 148 amended
Section 148(1) is amended after "petroleum" by inserting --
" or geothermal energy ".
83. Section 153 amended
Section 153(2) is amended as follows:
10 (a) in paragraph (a) after "petroleum" by inserting --
" or geothermal energy resources ";
(b) in paragraph (b) after "petroleum" by inserting --
" or geothermal energy ";
(c) in paragraph (g) after "strata" by inserting --
15 " or geothermal energy resources ";
(d) in paragraph (j) after "petroleum" by inserting --
" or geothermal energy resources ";
(e) in paragraph (k) after "petroleum" in both places where
it occurs by inserting --
20 " or geothermal energy resources ".
Division 2 -- Amendments to Act as amended by the Petroleum
Legislation Amendment and Repeal Act 2005
84. The Act amended
The amendments in this Division are to the Petroleum Act 1967
25 as amended by the Petroleum Legislation Amendment and
Repeal Act 2005.
page 60
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
Amendments to Act as amended by the Petroleum Legislation Division 2
Amendment and Repeal Act 2005
s. 85
85. Section 5 amended
Section 5(1) is amended as follows:
(a) in the definition of "facility" after "operation" by
inserting --
5 " or geothermal energy operation ";
(b) after the definition of "geothermal energy" by
inserting --
"
"geothermal energy operation" means --
10 (a) an operation to explore for geothermal
energy resources, and the carrying on of such
operations and the execution of such works
as are necessary for that purpose;
(b) an operation to drill for geothermal energy
15 resources, and the carrying on of such
operations and the execution of such works
as are necessary for that purpose;
(c) an operation to recover geothermal energy,
and the carrying on of such operations and
20 the execution of such works as are necessary
for that purpose;
(d) any other kind of operation that is prescribed
by the regulations to be a geothermal energy
operation for the purposes of this definition,
25 but does not include an operation of a kind that is
prescribed by the regulations not to be a
geothermal energy operation for the purposes of
this definition;
";
30 (c) in paragraph (a) of the definition of "operator" after
"petroleum" by inserting --
" or geothermal energy resources ";
page 61
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 2 Amendments to Act as amended by the Petroleum Legislation
Amendment and Repeal Act 2005
s. 85
(d) in paragraph (b) of the definition of "operator" after
"petroleum" by inserting --
" or geothermal energy resources ";
(e) in paragraph (c) of the definition of "operator" after
5 "petroleum" by inserting --
" or geothermal energy resources ";
(f) in paragraph (d) of the definition of "operator" --
(i) in subparagraph (i) after "petroleum" in both
places where it occurs by inserting --
10 " or geothermal energy ";
(ii) in subparagraph (ii) after "petroleum" by
inserting --
" or geothermal energy resources ";
(g) in paragraph (f) of the definition of "operator" after
15 "operation" by inserting --
"
or geothermal energy resources exploration
operation
";
20 (h) in paragraph (g) of the definition of "operator" --
(i) after "exploration operation" by inserting --
"
or geothermal energy resources exploration
operation
25 ";
(ii)after "recovery of petroleum" by inserting --
" or geothermal energy ";
(i) after paragraph (j) of the definition of "operator" by
inserting --
30 "
(k) in relation to any other kind of operation that
is prescribed by the regulations to be a
page 62
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
Amendments to Act as amended by the Petroleum Legislation Division 2
Amendment and Repeal Act 2005
s. 86
geothermal energy operation for the
purposes of the definition of "geothermal
energy operation", means the person
prescribed by the regulations to be the
5 operator of such a geothermal energy
operation for the purposes of this definition;
";
(j) by deleting the definition of "other protected person"
and inserting --
10 "
"other protected person", in relation to a geothermal
energy operation, means a person who is at or near
a place where the geothermal energy operation is
being carried on at the invitation of, or with the
15 express or implied consent of --
(a) the operator of the geothermal energy
operation; or
(b) a person in control of a part of the
geothermal energy operation;
20 "other protected person", in relation to a petroleum
operation, means a person who is at or near a place
where the petroleum operation is being carried on
at the invitation of, or with the express or implied
consent of --
25 (a) the operator of the petroleum operation; or
(b) a person in control of a part of the petroleum
operation;
".
86. Amendments relating to "geothermal energy operation"
30 The provisions listed in the Table to this section are amended
after "petroleum operation" in each place where it occurs by
inserting --
" or geothermal energy operation ".
page 63
Petroleum Amendment Bill 2007
Part 2 Petroleum Act 1967
Division 2 Amendments to Act as amended by the Petroleum Legislation
Amendment and Repeal Act 2005
s. 86
Table
s. 7AA(1) Sch. 1 cl. 22(4)
s. 117A Sch. 1 cl. 24(1)
s. 126A(1) Sch. 1 cl. 25
s. 149B(1)(a) Sch. 1 cl. 26
s. 149B(2) Sch. 1 cl. 28(2)
Sch. 1 cl. 2 Sch. 1 cl. 32(1)(a)(v), (vi)
Sch. 1 cl. 3 ("designated work Sch. 1 cl. 38(1)
group")
Sch. 1 cl. 3 ("employer") Sch. 1 cl. 39(1)
Sch. 1 cl. 3 ("group member") Sch. 1 cl. 40(1)(a), (b)
Sch. 1 cl. 3 ("member of the Sch. 1 cl. 42(1)
workforce")
Sch. 1 cl. 3 ("regulated business Sch. 1 cl. 42(2)
premises")
Sch. 1 cl. 3 ("work") Sch. 1 cl. 42(3)(b)
Sch. 1 cl. 3 ("workforce Sch. 1 cl. 45
representative")
Sch. 1 cl. 3 ("work group Sch. 1 cl. 47(1)(c)
employer")
Sch. 1 cl. 3 ("workplace") Sch. 1 cl. 47(2)(c)
Sch. 1 cl. 4(1) Sch. 1 cl. 48(1)(a)
Sch. 1 cl. 4(2) Sch. 1 cl. 48(2)
Sch. 1 cl. 5 Sch. 1 cl. 49(1)(a)
Sch. 1 cl. 6 Sch. 1 cl. 50(1)(a)
Sch. 1 cl. 7(1) Sch. 1 cl. 53(1)
Sch. 1 cl. 7(2) Sch. 1 cl. 53(2)
Sch. 1 cl. 7(3) Sch. 1 cl. 54(1)(b)
Sch. 1 cl. 7(4)(b)(ii) Sch. 1 cl. 54(3)(b)
Sch. 1 cl. 7(5)(b)(ii) Sch. 1 cl. 56(1)
Sch. 1 cl. 8(1) Sch. 1 cl. 56(2)
Sch. 1 cl. 8(2) Sch. 1 cl. 56(3)
Sch. 1 cl. 9(1) Sch. 1 cl. 57(1)(b)
page 64
Petroleum Amendment Bill 2007
Petroleum Act 1967 Part 2
Amendments to Act as amended by the Petroleum Legislation Division 2
Amendment and Repeal Act 2005
s. 87
Sch. 1 cl. 9(5) Sch. 1 cl. 57(6)(a)
Sch. 1 cl. 10(1) Sch. 1 cl. 57(7)
Sch. 1 cl. 10(2) Sch. 1 cl. 58(1)
Sch. 1 cl. 11(1) Sch. 1 cl. 60(8)(c)(i)
Sch. 1 cl. 11(2) Sch. 1 cl. 63(3)(a)
Sch. 1 cl. 12(1) Sch. 1 cl. 63(5)
Sch. 1 cl. 13(1) Sch. 1 cl. 64(1)(e)
Sch. 1 cl. 14(3) Sch. 1 cl. 64(2)(a)
Sch. 1 cl. 15(1) Sch. 1 cl. 64(3)(b)
Sch. 1 cl. 15(2) Sch. 1 cl. 64(5)
Sch. 1 cl. 16 Sch. 1 cl. 64(6)(b)
Sch. 1 cl. 17(1) Sch. 1 cl. 66(3)
Sch. 1 cl. 17(2) Sch. 1 cl. 67(3)(b)
Sch. 1 cl. 18(1) Sch. 1 cl. 70(1)
Sch. 1 cl. 19(1) Sch. 1 cl. 71(1)
Sch. 1 cl. 19(2) Sch. 1 cl. 74
Sch. 1 cl. 20(1) Sch. 1 cl. 75
Sch. 1 cl. 22(2) Sch. 1 cl. 81(1)(a)
Sch. 1 cl. 22(3)
87. Amendments relating to "geothermal energy operations"
The provisions listed in the Table to this section are amended
after "petroleum operations" in each place where it occurs by
inserting --
5 " or geothermal energy operations ".
Table
s. 149C(1) Sch. 1 cl. 2
s. 153(2)(l) Sch. 1 cl. 72(1)
Sch. 1 cl. 1
page 65
Petroleum Amendment Bill 2007
Part 3 Other Acts amended
s. 88
Part 3 -- Other Acts amended
88. Aboriginal Affairs Planning Authority Act 1972 amended
(1) The amendments in this section are to the Aboriginal Affairs
Planning Authority Act 1972.
5 (2) Section 21A(8) is amended in paragraph (b) of the definition of
"mineral resources" by deleting "Petroleum Act 1967." and
inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967. ".
(3) Section 30 is amended in the proviso by deleting "Petroleum
10 Act 1967" and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967 ".
89. Aboriginal Heritage Act 1972 amended
(1) The amendments in this section are to the Aboriginal Heritage
Act 1972.
15 (2) Section 18(1) is amended by deleting "Petroleum Act 1967,"
and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967, ".
90. Barrow Island Act 2003 amended
(1) The amendments in this section are to the Barrow Island
20 Act 2003.
(2) Section 7(5)(b) is amended by deleting "or petroleum" and
inserting instead --
" , petroleum or geothermal energy ".
91. Barrow Island Royalty Variation Agreement Act 1985
25 amended
(1) The amendments in this section are to the Barrow Island
Royalty Variation Agreement Act 1985.
page 66
Petroleum Amendment Bill 2007
Other Acts amended Part 3
s. 92
(2) The long title is amended by deleting "Petroleum Act 1967."
and inserting instead --
"
Petroleum and Geothermal Energy Resources Act 1967.
5 ".
(3) Section 5(3) is amended by deleting "Petroleum Act 1967." and
inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967. ".
92. Conservation and Land Management Act 1984 amended
10 (1) The amendments in this section are to the Conservation and
Land Management Act 1984.
(2) Section 3 is amended in the definition of "Minister for Mines"
by deleting "Petroleum Act 1967," and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967, ".
15 (3) Section 4(1) is amended by deleting "Petroleum Act 1967," and
inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967, ".
(4) Section 13A(3) is amended by deleting "petroleum under the
Petroleum Act 1967 or" and inserting instead --
20 "
petroleum, geothermal energy resources or geothermal
energy under the Petroleum and Geothermal Energy
Resources Act 1967 or petroleum under
".
25 (5) Section 13B(9) is amended by deleting "petroleum under the
Petroleum Act 1967 or" and inserting instead --
"
petroleum, geothermal energy resources or geothermal
energy under the Petroleum and Geothermal Energy
30 Resources Act 1967 or petroleum under
".
page 67
Petroleum Amendment Bill 2007
Part 3 Other Acts amended
s. 92
(6) Before section 13C(1) the following subsection is inserted --
"
(1aa) In this section --
"geothermal energy" and "geothermal energy
5 resources" have the same meanings as they have
in the Petroleum and Geothermal Energy
Resources Act 1967.
".
(7) Section 13C(2) is amended in the definition of "commercial
10 purposes" as follows:
(a) in paragraph (c) by deleting "petroleum;" and inserting
instead --
" petroleum or geothermal energy resources; ";
(b) in paragraph (d) by deleting "petroleum," and inserting
15 instead --
" petroleum or geothermal energy, ".
(8) Section 13C(7) is amended as follows:
(a) in paragraph (a) by deleting "Petroleum Act 1967" and
inserting instead --
20 "
Petroleum and Geothermal Energy Resources
Act 1967
";
(b) after paragraph (a) by inserting --
25 "
(ab) exploratory drilling for geothermal energy
resources and recovery of geothermal energy
under the Petroleum and Geothermal Energy
Resources Act 1967;
30 ".
page 68
Petroleum Amendment Bill 2007
Other Acts amended Part 3
s. 93
(9) Section 13E(1) is amended in the definitions of "drilling
reservation" and "petroleum law" by deleting "Petroleum
Act 1967" and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967 ".
5 (10) Section 60(2b) is amended as follows:
(a) after "or petroleum" by inserting --
" or geothermal energy ";
(b) by deleting "Petroleum Act 1967," and inserting
instead --
10 "
Petroleum and Geothermal Energy Resources
Act 1967,
".
93. Fire and Emergency Services Authority of Western Australia
15 Act 1998 amended
(1) The amendments in this section are to the Fire and Emergency
Services Authority of Western Australia Act 1998.
(2) Section 3A is amended in paragraph (f)(iii) of the definition of
"owner" as follows:
20 (a) by deleting "Petroleum Act 1967" and inserting
instead --
"
Petroleum and Geothermal Energy
Resources Act 1967
25 ";
(b) by deleting "petroleum production licence or a
petroleum exploration permit" and inserting instead --
"
permit, drilling reservation, lease or
30 licence
".
page 69
Petroleum Amendment Bill 2007
Part 3 Other Acts amended
s. 94
94. Fish Resources Management Act 1994 amended
(1) The amendments in this section are to the Fish Resources
Management Act 1994.
(2) Section 114 is amended by deleting "Petroleum Act 1967," and
5 inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967, ".
95. Gas Standards Act 1972 amended
(1) The amendments in this section are to the Gas Standards
Act 1972.
10 (2) Section 5(1)(c) is amended by deleting "Petroleum Act 1967,"
and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967, ".
96. Heritage of Western Australia Act 1990 amended
(1) The amendments in this section are to the Heritage of Western
15 Australia Act 1990.
(2) Section 3(2)(a)(v) is amended by deleting "Petroleum
Act 1967;" and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967; ".
97. Industrial Relations Act 1979 amended
20 (1) The amendments in this section are to the Industrial Relations
Act 1979.
(2) Section 7(3)(c) is amended by deleting "Petroleum Act 1967,"
and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967, ".
25 (3) Section 8(2a)(b) is amended by deleting "Petroleum Act 1967,"
and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967, ".
page 70
Petroleum Amendment Bill 2007
Other Acts amended Part 3
s. 98
(4) Section 113(1)(d)(ii)(III) is amended by deleting "Petroleum
Act 1967;" and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967; ".
98. Land Administration Act 1997 amended
5 (1) The amendments in this section are to the Land Administration
Act 1997.
(2) Section 3(1) is amended in the definition of "interest" by
deleting paragraph (d) and inserting instead --
"
10 (d) mining, petroleum or geothermal energy
right;
".
(3) Section 3(1) is amended in the definition of "mining or
petroleum right" as follows:
15 (a) by deleting ""mining or petroleum right" means -- "
and inserting instead --
"
"mining, petroleum or geothermal energy right"
means --
20 ";
(b) in paragraph (b) by deleting "Petroleum Act 1967," and
inserting instead --
"
Petroleum and Geothermal Energy
25 Resources Act 1967,
".
(4) Section 5 is amended as follows:
(a) before "This" by inserting the subsection designation
"(1)";
page 71
Petroleum Amendment Bill 2007
Part 3 Other Acts amended
s. 98
(b) in paragraph (a) by deleting "or petroleum;" and
inserting instead --
"
, petroleum, geothermal energy or geothermal
5 energy resources;
";
(c) in paragraph (b) by deleting "or petroleum" and
inserting instead --
" , petroleum or geothermal energy ";
10 (d) at the end of the section by inserting --
"
(2) In subsection (1) --
"geothermal energy" and "geothermal energy
resources" have the same meanings as they have
15 in the Petroleum and Geothermal Energy
Resources Act 1967.
".
(5) Section 24 is amended by deleting "Petroleum Act 1967 or the
Petroleum (Submerged Lands) Act 1982" and inserting
20 instead --
"
Petroleum and Geothermal Energy Resources Act 1967
or the Petroleum (Submerged Lands) Act 1982 and
geothermal energy resources and geothermal energy
25 within the meaning of the Petroleum and Geothermal
Energy Resources Act 1967
".
(6) Section 91(5) is amended by deleting "or petroleum" in each
place where it occurs and inserting instead --
30 " , petroleum or geothermal energy ".
page 72
Petroleum Amendment Bill 2007
Other Acts amended Part 3
s. 99
(7) Section 164(1)(b) is amended as follows:
(a) by deleting "Petroleum Act 1967," and inserting
instead --
"
5 Petroleum and Geothermal Energy Resources
Act 1967,
";
(b) at the end of paragraph (b) by deleting the comma and
inserting --
10 "
; and
(c) the rights relating to geothermal energy
resources and geothermal energy referred to in
the Petroleum and Geothermal Energy
15 Resources Act 1967,
".
(8) Section 170(5)(b) is amended by deleting "or petroleum" and
inserting instead --
" , petroleum or geothermal energy ".
20 (9) Section 175(1)(a)(iii) is amended by deleting "or petroleum"
and inserting instead --
" , petroleum or geothermal energy ".
(10) Section 177(5)(c) is amended by deleting "or petroleum" and
inserting instead --
25 " , petroleum or geothermal energy ".
99. Local Government Act 1995 amended
(1) The amendments in this section are to the Local Government
Act 1995.
page 73
Petroleum Amendment Bill 2007
Part 3 Other Acts amended
s. 99
(2) Section 1.4 is amended in paragraph (e)(iii) of the definition of
"owner" as follows:
(a) by deleting "Petroleum Act 1967" and inserting
instead --
5 "
Petroleum and Geothermal Energy
Resources Act 1967
";
(b) by deleting "petroleum production licence or a
10 petroleum exploration permit" and inserting instead --
"
permit, drilling reservation, lease or
licence
".
15 (3) Section 6.27 is amended as follows:
(a) in paragraph (c) --
(i) by deleting "Petroleum Act 1967" and inserting
instead --
"
20 Petroleum and Geothermal Energy Resources
Act 1967
";
(ii) by deleting "petroleum production licence or
exploration permit," and inserting instead --
25 "
permit, drilling reservation, lease or licence,
";
(b) by deleting "licence or permit" and inserting instead --
" permit, drilling reservation, lease or licence ".
page 74
Petroleum Amendment Bill 2007
Other Acts amended Part 3
s. 100
(4) Section 6.29(1) is amended as follows:
(a) by deleting "petroleum production licence or exploration
permit held under the Petroleum Act 1967" and inserting
instead --
5 "
permit, drilling reservation, lease or licence held under
the Petroleum and Geothermal Energy Resources
Act 1967
";
10 (b) by deleting "licence or permit" and inserting instead --
" permit, drilling reservation, lease or licence ".
(5) Section 6.29(2) is amended by deleting "licence or permit" and
inserting instead --
" permit, drilling reservation, lease or licence ".
15 100. Mining Act 1978 amended
(1) The amendments in this section are to the Mining Act 1978.
(2) Section 8(1) is amended in the definition of "minerals" as
follows:
(a) in paragraph (b) by deleting "Petroleum Act 1967" and
20 inserting instead --
"
Petroleum and Geothermal Energy
Resources Act 1967
";
25 (b) after paragraph (b) by inserting --
"
(ba) without limiting paragraph (b), geothermal
energy resources as defined in the Petroleum
and Geothermal Energy Resources Act 1967
30 section 5(1); or
";
page 75
Petroleum Amendment Bill 2007
Part 3 Other Acts amended
s. 101
(c) after each of paragraphs (a) and (b) and (d)(i) and (ii) by
inserting --
" or ".
(3) Section 8(2) is amended by deleting "Petroleum Act 1967" and
5 inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967 ".
(4) Section 8A(1) is amended by deleting "Petroleum Act 1967"
and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967 ".
10 (5) Section 159(1) is amended by deleting "Petroleum Act 1967"
and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967 ".
(6) After section 159(3) the following subsection is inserted --
"
15 (4) In this section --
(a) a reference to a licence or permit includes a
reference to a drilling reservation or lease; and
(b) a reference to a licensee or permittee includes a
reference to the registered holder of a drilling
20 reservation or lease.
".
101. Occupational Safety and Health Act 1984 amended
(1) The amendments in this section are to the Occupational Safety
and Health Act 1984 as amended by the Petroleum Legislation
25 Amendment and Repeal Act 2005.
(2) Section 4(2)(b) is amended as follows:
(a) after "petroleum operation" by inserting --
" or geothermal energy operation ";
page 76
Petroleum Amendment Bill 2007
Other Acts amended Part 3
s. 102
(b) by deleting "Petroleum Act 1967," and inserting
instead --
"
Petroleum and Geothermal Energy Resources
5 Act 1967,
".
102. Petroleum Pipelines Act 1969 amended
(1) The amendments in this section are to the Petroleum Pipelines
Act 1969.
10 (2) Section 67(1c) is amended by deleting "Petroleum Act 1967,"
and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967, ".
103. Petroleum (Registration Fees) Act 1967 amended
(1) The amendments in this section are to the Petroleum
15 (Registration Fees) Act 1967.
(2) The long title is amended by deleting "Petroleum Act 1967."
and inserting instead --
"
Petroleum and Geothermal Energy Resources Act 1967.
20 ".
(3) Section 1 is amended after "Petroleum" by inserting --
" and Geothermal Energy Resources ".
(4) Section 3 is amended by deleting "Petroleum Act 1967" and
inserting instead --
25 " Petroleum and Geothermal Energy Resources Act 1967 ".
(5) Section 4(2), (4)(a), (5), (6)(b) and (7)(a) are amended by
deleting "Petroleum Act 1967" in each place where it occurs
and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967 ".
page 77
Petroleum Amendment Bill 2007
Part 3 Other Acts amended
s. 104
104. Petroleum (Submerged Lands) Act 1982 amended
(1) The amendments in this section are to the Petroleum
(Submerged Lands) Act 1982.
(2) Section 112(6) and (13) are amended by deleting "Petroleum
5 Act 1967" and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967 ".
(3) Section 145(3) is amended by deleting "Petroleum Act 1967,"
and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967, ".
10 (4) Section 152(2c) is amended by deleting "Petroleum Act 1967"
and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967 ".
105. Soil and Land Conservation Act 1945 amended
(1) The amendments in this section are to the Soil and Land
15 Conservation Act 1945.
(2) The Schedule is amended by deleting "Petroleum Act 1967" and
inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967 ".
106. Transfer of Land Act 1893 amended
20 (1) The amendments in this section are to the Transfer of Land
Act 1893.
(2) Section 3(2) is amended as follows:
(a) in paragraph (a) by deleting "or petroleum;" and
inserting instead --
25 "
, petroleum, geothermal energy or geothermal
energy resources;
";
page 78
Petroleum Amendment Bill 2007
Other Acts amended Part 3
s. 107
(b) in paragraph (b) by deleting "or petroleum" and
inserting instead --
" , petroleum or geothermal energy ".
(3) Section 3(3) is repealed and the following subsection is inserted
5 instead --
"
(3) In subsection (2) --
"geothermal energy" and "geothermal energy
resources" have the same meanings as they have
10 in the Petroleum and Geothermal Energy
Resources Act 1967;
"mining, petroleum or geothermal energy rights"
has the same meaning as it has in the Land
Administration Act 1997.
15 ".
107. Valuation of Land Act 1978 amended
(1) The amendments in this section are to the Valuation of Land
Act 1978.
(2) Section 4(1) is amended in the definition of "unimproved value"
20 as follows:
(a) in paragraph (b)(ii)(III) --
(i) by deleting "is held under the Petroleum
Act 1967" and inserting instead --
"
25 or geothermal production
licence is held under the
Petroleum and Geothermal
Energy Resources Act 1967
";
30 (ii) by deleting "the petroleum production" and
inserting instead --
" the relevant ";
page 79
Petroleum Amendment Bill 2007
Part 3 Other Acts amended
s. 108
(b) in paragraph (b)(ii)(IV), by deleting "Petroleum
Act 1967" and inserting instead --
"
Petroleum and Geothermal
5 Energy Resources Act 1967
".
108. Waterways Conservation Act 1976 amended
(1) The amendments in this section are to the Waterways
Conservation Act 1976.
10 (2) Section 5(4)(b) is amended by deleting "Petroleum Act 1967;"
and inserting instead --
" Petroleum and Geothermal Energy Resources Act 1967; ".
page 80
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