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PETROLEUM ACT 1936

Table of Provisions

  • 1 Short title
  •  
  • 2  
  • 3 Act divided into Parts

PART I -- Preliminary  

  • 4 Interpretation
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  • 5 Saving provisions relating to licenses issued prior to this Act
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  • 5A Power to declare certain reserves Crown land for purposes of, and to apply, this Act thereto
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  • 5B Reserve No. A11648 Barrow Island Crown land for purpose of this Act

PART II -- Administration  

  • 6 Act administered by the Minister through the Department
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  • 7 Warden

PART III -- General  

  • 9 Petroleum declared to be property of the Crown
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  • 10 Reservation in Crown grants
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  • 11 Power to obtain petroleum
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  • 12 Land may be resumed
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  • 13 Governor to have right of pre-emption of petroleum
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  • 14 Helium
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  • 19 Permit to explore, license to prospect, etc. not transferable without Minister’s approval
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  • 19A Prohibitions against exploring, prospecting and mining for petroleum
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  • 20 Land comprised in a license to prospect or a lease may be entered for certain purposes
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  • 21 Power to agree as to amount of compensation
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  • 22 Measure of compensation
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  • 23 Where no agreement, warden to determine compensation
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  • 24 Compensation already received to be deducted
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  • 25 Owner of private land in vicinity of lease or license entitled to compensation
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  • 26 Compensation for further damage
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  • 27 Holder of permit, licensee or lessee not to commence operations on private land until compensation tendered or agreed upon
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  • 28 Restriction on granting license or lease in relation to certain private lands
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  • 28A Compensation payable to lessee of pastoral lease for damage to improvements and consequential damage
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  • 28B Determination of partial compensation
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  • 28C Security for compensation
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  • 28D Matters for which compensation not payable
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  • 30 Lien for wages
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  • 31 Permission given for geological investigations

PART IV -- Permits, Licenses, and Leases

Division 1 -- Permits to Explore  

  • 32 Minister may issue permits to explore
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  • 33 Area of land for which permit may be issued
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  • 34 Applications
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  • 35 Provision where application for permit approved
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  • 36 Same person may holder unlimited number of permits to explore
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  • 38 Duties of holder permit to explore
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  • 39 Minister may direct certain operations to be conducted
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  • 41 Permit to explore may be cancelled

Division 2 -- Licenses to Prospect  

  • 42 Minister may grant licenses to prospect
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  • 44 Applications
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  • 45 Provisions when application for license to prospect approved
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  • 46 Effect of license to prospect
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  • 48 Fees for licenses to prospect
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  • 49 Duties of license
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  • 54 License to prospect may be cancelled

Division 3 -- Petroleum Leases  

  • 55 Governor may grant petroleum lease
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  • 55A Holder of license granted after 1st January 1955, may acquire certain area of land
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  • 56 Applications
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  • 58 Shape of land in petroleum lease
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  • 59 Term of lease
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  • 60 Rent of lease
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  • 60A Lessee to furnish bond
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  • 61 On approval of application for lease, applicant may enter land
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  • 62 Lease instrument to be prepared and registered
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  • 63 Covenants and conditions of petroleum leases
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  • 64 Acceptance of rent not to be deemed a waiver
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  • 65 Forfeiture of leases
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  • 66 Lessee may surrender lease
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  • 69 Minister to have access to lease
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  • 70 Lessee may erect buildings and machinery on lease
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  • 71 Royalties
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  • 72 Return to be furnished
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  • 73 Officers may examine books, etc.
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  • 74 Payment of royalty: how enforced
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  • 75 Penalties
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  • 76 Exemption from labour conditions
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  • 77 Lessee not to drill within prescribed distance of another lease
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  • 78 Applications for exemption

Division 4 -- General  

  • 78A Special obligations of licensees and lessees
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  • 78B Governor may create reserves
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  • 78C Power to include conditions in permit, license or lease to protect native fauna and flora

PART V -- Caveats  

  • 79 Provisions relating to caveats
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  • 80 No dealing to be registered while caveat in force
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  • 81 Parties to a contract of sale may lodge caveat

PART VI -- Administration of Justice  

  • 82 Establishment of Warden’s Court
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  • 83 Warden’s Court a court of record
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  • 84 Time and place for holding court
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  • 85 Matters in respect of which Warden’s Court to have jurisdiction
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  • 86 Recovery of penalties
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  • 87 Procedure
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  • 88 Mode of trial: costs
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  • 89 Persons under twenty-one may sue and be sued
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  • 90 General powers of the court
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  • 91 Interim injunction
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  • 92 Order for possession
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  • 93 How judgments and convictions to be enforced
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  • 94 By whom warrants may be served
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  • 95 No proceedings to be dismissed for informality
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  • 96 Record and formal drawing up of judgments
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  • 97 Additional power of the Court
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  • 98 Orders may be enforced by commitment
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  • 99 Punishment of persons guilty of contempt
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  • 100 Interpleader
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  • 101 Who may take affidavits
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  • 102 Copies of decision or order to be supplied
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  • 103 Proof of decision of Warden’s court
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  • 104 Special case may be reserved for Supreme Court
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  • 105 Appeal to Supreme Court
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  • 106 Appeal on fact or law
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  • 107 Notice and grounds of appeal
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  • 108 Setting down appeal
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  • 109 Appeal may be by way of rehearing
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  • 110 When appeal deemed to be abandoned
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  • 111 Proceedings when appeal abandoned
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  • 112 Order of appellate court and costs

PART VII -- Miscellaneous  

  • 113 Offences
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  • 114 Recovery of penalties
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  • 115 Persons unlawfully on land
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  • 116 Regulations
  • AN ACT relating to Petroleum.

    BE it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

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