Western Australian Consolidated Acts

PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Repeal  
   5.      Terms used in this Act  

   PART II -- General  

   6.      Act to be construed subject to legislative powers of the State  
   7.      Application of Act  
   7A.     Petroleum pool or geothermal resources area extending into 2 licence areas  
   8.      Position on the Earth’s surface  
   9.      Petroleum declared to be property of the Crown  
   10.     Reservations in Crown grants and leases  
   11.     Power to obtain petroleum  
   11A.    Property rights in recovered petroleum and geothermal energy  
   12.     Land may be resumed  
   13.     Governor to have right of pre-emption of petroleum in emergency  
   14.     Land comprised in a permit, drilling reservation, lease or licence may be entered for certain purposes  
   15.     Authority conferred by permit, drilling reservation, lease or licence  
   15A.    Consent of Minister required for entry on reserves for purposes of exploration etc.  
   16.     Consent of owner or trustees required in certain cases for exploration etc.  
   17.     Compensation to owners and occupiers of private land  
   18.     Owner of private land in vicinity of permit area, drilling reservation, lease area or licence area may be entitled to compensation  
   19.     Compensation for further damage  
   20.     Holder of permit, drilling reservation, lease or licence not to commence operations on private land until compensation tendered or agreed upon  
   21.     Compensation payable to lessee of pastoral lease, lease for timber purposes or lease for use and benefit of Aboriginal inhabitants for damage to improvements and consequential damage  
   22.     Determination of partial compensation  
   23.     Security for compensation  
   24.     Matters for which compensation not payable  
   24A.    Liability for payment of compensation to native title holders  
   25.     Delegation  

   PART III -- Mining for petroleum, geothermal energy resources and geothermal energy  

           Division 1 -- Preliminary  

   26.     Term used in this Part  
   27.     Graticulation of Earth’s surface and constitution of blocks  
   28.     Reservation of blocks  
   28A.    Issue of permits etc. in marine reserves  

           Division 2 -- Permits and drilling reservations  

   29.     Exploration for petroleum  
   30.     Advertisement of blocks  
   31.     Application for permit  
   32.     Grant or refusal of permit in relation to application  
   33.     Application for permit in respect of surrendered etc. blocks  
   34.     Application fee etc.  
   35.     Consideration of application  
   36.     Request by applicant for grant of permit in respect of advertised block  
   37.     Grant of permit on request  
   37A.    Permit for 2 or more blocks may be divided into 2 or more permits  
   38.     Rights conferred by permit  
   39.     Term of permit  
   40.     Application for renewal of permit  
   41.     Application for renewal of permit to be in respect of reduced area  
   42.     Grant or refusal of renewal of permit  
   43.     Conditions of permit  
   43A.    Advertisement of blocks for drilling reservations  
   43B.    Application for drilling reservation  
   43C.    Grant or refusal in relation to applications for drilling reservations  
   43D.    Rights conferred by drilling reservation  
   43E.    Term of drilling reservation  
   43F.    Extension of term of drilling reservation  
   44.     Discovery of petroleum to be notified etc.  
   45.     Direction by Minister on discovery of petroleum  
   46.     Nomination of blocks as location  
   47.     Declaration of location  
   48.     Immediately adjoining blocks  

           Division 2A -- Retention leases  

   48A.    Application by permittee or holder of drilling reservation for lease  
   48B.    Grant or refusal of lease in relation to application  
   48BA.   Application of sections 48A and 48B where permit is transferred  
   48C.    Rights conferred by lease  
   48D.    Term of lease  
   48E.    Notice of intention to cancel lease  
   48F.    Application for renewal of lease  
   48G.    Grant or refusal of renewal of lease  
   48H.    Conditions of lease  
   48J.    Discovery of petroleum to be notified  
   48K.    Directions by Minister on discovery of petroleum  

           Division 3 -- Production licences  

   49.     Recovery of petroleum in State  
   50.     Application by permittee for licence  
   50A.    Application by lessee for licence  
   51.     Application for licence  
   52.     Determination of rate of royalty  
   53.     Notification as to grant of licence  
   54.     Grant of licence  
   54A.    Application of sections 51 to 54 where permit etc. transferred  
   55.     Variation of licence area  
   56.     Determination of permit as to blocks not taken up by licensee  
   57.     Application for petroleum production licence in respect of surrendered etc. blocks  
   58.     Application fee etc.  
   59.     Request by applicant for grant of licence  
   60.     Grant of licence on request  
   61.     Licence for 2 or more blocks may be divided into 2 or more licences  
   62.     Rights conferred by licence  
   62A.    Geothermal energy recovery development plans  
   62B.    Variation of approved development plans  
   63.     Term of licence  
   64.     Application for renewal of licence  
   65.     Grant or refusal of renewal of licence  
   66.     Conditions of licence  
   67.     Storage of petroleum underground  
   68.     Directions as to recovery of petroleum  
   69.     Unit development  

           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  

           Division 4 -- Registration of instruments  

   69J.    Term used in this Division  
   70.     Register of certain instruments to be kept  
   71.     Memorials to be entered of permits determined etc.  
   72.     Approval and registration of transfers  
   73.     Entries in Register on devolution of title  
   75.     Approval of dealings creating interests etc. in existing titles  
   75A.    Approval of dealings in future interests etc.  
   76.     True consideration to be shown  
   77.     Minister not concerned with certain matters  
   78.     Power of Minister to require information as to transfers or dealings  
   79.     Production and inspection of documents  
   80.     Inspection of Register and instruments  
   81.     Evidentiary provisions  
   81A.    Minister may make corrections to, and entries in, Register  
   82.     Application to State Administrative Tribunal for orders  
   83.     Minister not liable to certain actions  
   84.     Offences connected with Register and certain documents  
   85.     Assessment of fee payable under Petroleum and Geothermal Energy Resources (Registration Fees) Act 1967  
   86.     Exemption from duty  

           Division 5 -- General  

   88.     Notice of grants of permits etc. to be published  
   89.     Date of effect of certain surrenders, cancellations and variations  
   90.     Commencement of works  
   91.     Work practices  
   91A.    Conditions relating to insurance  
   91B.    Conditions prohibiting entry on certain land  
   92.     Maintenance etc. of property  
   93.     Sections 91, 91A and 92 have effect subject to this Act  
   94.     Drilling near boundaries  
   95.     Directions  
   96.     Compliance with directions  
   97.     Variation and suspension of, and exemption from compliance with, conditions  
   98.     Surrender of permits etc.  
   99.     Cancellation of permits etc.  
   100.    Cancellation of permit etc. not affected by other provisions  
   101.    Removal of property etc. by permittee etc.  
   102.    Removal of property etc. by Minister  
   103.    Payment by instalments  
   104.    Penalty for late payments of instalments etc.  
   105.    Special prospecting authorities  
   106.    Access authorities  
   107.    Removal, disposal or sale of property  
   109.    Minister etc. may require information to be furnished etc.  
   110.    Power to examine on oath  
   111.    Failing to furnish information etc.  
   112.    Release of information etc.  
   112A.   Safety zones  
   113.    Discovery of water to be notified  
   114.    Survey of wells etc.  
   115.    Records etc. to be kept  
   116.    Scientific investigations  
   117.    Interference with other rights etc.  
   118.    Inspectors  
   119.    Powers of inspectors  
   121.    Continuing offences  
   122.    Crimes and other offences  
   123.    Orders for forfeiture etc. in respect of certain offences  
   124.    Power of Attorney General to direct disposal of goods  
   125.    Time for bringing proceedings for offences  
   126.    Judicial notice  
   127.    Service of documents  
   127A.   Service of documents on 2 or more permittees etc.  

           Division 6 -- Transitional provisions  

   128.    Terms used in this Division  
   129.    This Division prevails over other provisions  
   130.    Cessation of operation of former provisions  
   131.    Prohibition on granting of instruments under former provisions after commencing day  
   132.    Rights of holders of existing prescribed instruments  
   133.    Holders of existing instruments may be granted permits under this Part  
   134.    Transitional provisions relating to Barrow Island lease  
   134A.   Application of former provisions after coming into operation of variation agreement  
   135.    Certain portions of blocks to be blocks  
   136.    Certain petroleum exploration or recovery activities not prohibited by section 29 or  

           Division 7 -- Fees and royalties  

   137.    Permit and drilling reservation fees  
   137A.   Lease fees  
   138.    Licence fees  
   139.    Time of payment of fees  
   140.    Penalty for late payment of fees  
   141.    Fees and penalties debts due to the Crown  
   142.    Royalty  
   143.    Reduction of royalty in certain cases  
   144.    Royalty not payable in certain cases  
   144A.   Royalty value  
   145.    Ascertainment of value of petroleum  
   146.    Ascertainment of well-head  
   147.    Ascertainment of quantity of petroleum or geothermal energy recovered  
   148.    Payment of royalty and penalty for late payment  
   149.    Amount of royalty and late payment thereof debt due to Crown  

   PART IV -- Miscellaneous  

   150.    Jurisdiction of Magistrates Court  
   151.    Special case may be reserved for Supreme Court  
   153.    Regulations  
           SCHEDULE