PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 134A
PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 134A
134A . Application of former provisions after coming into operation of variation agreement
For the purposes of
their application under section 134 to or in relation to the Barrow Island
lease as varied and affected by the variation agreement and to any renewal
thereof the former provisions shall, after the coming into operation of clause
6 of the variation agreement, be deemed to be modified —
(a) in
section 4, by substituting for the definitions of Minister and petroleum
definitions as follows —
Minister means the Minister of the Crown for the
time being charged with the administration of the
Petroleum and Geothermal Energy Resources Act 1967 ;
petroleum has the same meaning as it has in and
for the purposes of the Petroleum and Geothermal Energy Resources Act 1967 ;
; and
(b) by
substituting for sections 71 to 75 sections as follows —
(1) In this section
and in sections 72, 74 and 75 Barrow Island lease means the petroleum lease
dated 27 February 1967 granted under this Act and registered as Number 1H and
named “Barrow Island” pursuant to this Act and includes that lease
as renewed, substituted or varied.
(2) In sections 72 to
75 and 117 royalty provisions means the provisions of the Barrow Island lease
relating to the imposition, calculation, assessment, collection and recovery
of royalty.
72. Statements, information and records
The lessee of the
Barrow Island lease shall furnish statements, supply information and keep
books and records in accordance with the royalty provisions.
An authorised officer
appointed under the royalty provisions may exercise the powers conferred on an
authorised officer under those provisions.
74. Royalty a debt due to the State
The amount of royalty
due under the Barrow Island lease shall, until paid or recovered under the
royalty provisions, be a debt due from the lessee of the lease to the State.
(1) Where the lessee
of the Barrow Island lease is required under the royalty provisions to furnish
a statement or supply information the lessee shall not wilfully make a false
statement or supply false information.
Penalty: a fine of $5 000.
(2) A person shall not
impede or obstruct any authorised officer appointed under the royalty
provisions in the exercise of his powers under those provisions.
Penalty: a fine of $5 000.
; and
(c) by
adding after section 116 a section as follows —
117. Application of regulations to Barrow Island
lease
(1) Where the royalty
provisions are inconsistent with a regulation made under section 116 the
royalty provisions shall prevail to the extent of the inconsistency.
(2) Regulations under
the Petroleum and Geothermal Energy Resources Act 1967 section 153(2)(la) to
(lc) may apply in relation to operations referred to in paragraphs (d) and (f)
of the definition of petroleum operation in section 5(1) of that Act.
; and
(d)
without affecting the character and incidents of the Barrow Island lease as a
petroleum lease under the Petroleum Act 1936 1 but notwithstanding anything
in that Act the following provisions apply —
(i)
before the expiration of the lease the lessee for the
time being of the lease may make application for the renewal of the lease;
(ii)
with respect to the term of any renewal of the lease
section 63(b) and (c) applies;
(iii)
section 64(1) and (2)(d) applies with respect to the
application fee to be paid;
(iv)
section 65 applies with respect to the renewal;
(v)
section 91A applies to and in relation to the insurance
to be maintained by the lessee;
(vi)
section 138 applies as to the fee payable,
as though the lease
were a licence and the form of any renewal of the Barrow Island lease granted
in respect of an application made under this provision shall be in the form of
Lease Form No. 1 of the regulations made under the former provisions with such
variations and additions as the circumstances require for the purposes of
complying with section 5(3) of the
Barrow Island Royalty Variation Agreement Act 1985 and this provision.
[Section 134A inserted: No. 113 of 1985 s. 7;
amended: No. 90 of 1987 s. 6; No. 28 of 1994 s. 54; No. 42 of 2010 s. 56 and
62(15).]
[ 134B. Deleted: No. 28 of 1994 s. 55.]