Document ID: chunk:federal_register_of_legislation:C2004A00102:body:0:p18
Version: federal_register_of_legislation:C2004A00102
Segment Type: other
Provision Reference: 
Character Range: 42401–45036

in a petroleum exploration area; or

(b) minerals in a minerals exploration area,

the Authority shall notify in the Gazette its intention to do so.

(3) The Authority shall not commence to explore for, or carry on operations for the recovery of—

(a) petroleum on any land in a petroleum exploration area; or
(b) minerals on any land in a minerals exploration area,

unless the occupier of the land has consented in writing to the Authority entering upon the land, or the Authority has been granted a warrant under section 50 authorizing it to enter upon the land, for the purpose of

 commencing so to explore or to carry on those operations, as the case may be.

(4) Sub-section (3) does not apply to or in relation to exploration for, or the carrying on of operations for the recovery of, petroleum or minerals in a submarine area other than a submarine area below waters referred to in section 14 of the Seas and Submerged Lands Act 1973.

Purposes for which Authority may explore or mine for petroleum or minerals.
44. (1) The Authority may declare that it intends to explore for, or carry on operations for the recovery of—
(a) petroleum in a petroleum exploration area; or
(b) minerals in a minerals exploration area,
for a specified purpose, being a purpose of a kind referred to in paragraph 9(1)(c) or(d).

(2) A declaration under sub-section (1) in respect of a petroleum exploration area or minerals exploration area may be included in a notice in respect of the area under sub-section 43(2) or in a separate notice published in the Gazette.

(3) The Authority may, by notice published in the Gazette, vary or revoke a declaration under sub-section (1).

Property in petroleum and minerals.
45. (1) Subject to this Act, upon the recovery by the Authority—
(a) of any petroleum from its natural site in a petroleum exploration area; or
(b) of any minerals from their natural site in an exploration area,
the petroleum becomes, or the minerals become, the property of the Authority.

(2) Where any petroleum becomes, or minerals become, the property of the Authority by virtue of sub-section (1), the Authority is liable to pay to the person (including a State) who was the owner of the petroleum or minerals immediately before it becomes or they become the property of the Authority such fair and reasonable compensation as is determined by agreement between the Authority and the owner or, in the absence of agreement, by action by the owner against the Authority in the Australian Industrial Court.

(3) In an action against the Authority under sub-section (2) by the owner of any petroleum or minerals recovered from its