S. 4(1) def. of infrastructure facilities inserted by No. 91/2001 s. 4(1)(a). infrastructure facilities has the meaning given by section 4A; S. 4(1) def. of infrastructure licence inserted by No. 91/2001 s. 4(1)(a). infrastructure licence means an infrastructure licence under Part III; S. 4(1) def. of infrastructure licence area inserted by No. 91/2001 s. 4(1)(a). infrastructure licence area, in relation to an infrastructure licence, means the place in respect of which the infrastructure licence is in force; s. 4 S. 4(1) def. of infrastructure licensee inserted by No. 91/2001 s. 4(1)(a). infrastructure licensee means the registered holder of an infrastructure licence; inspector means a person appointed under section 125; S. 4(1) def. of interstate Minister inserted by No. 91/2001 s. 17(1)(a), amended by No. 11/2004 s. 4(b). interstate Minister means the Minister of the Crown in right of a State (other than Victoria) or of the Northern Territory who is for the time being authorised under the law of that State or Territory to perform the functions of a Designated Authority under the Commonwealth Act; S. 4(1) def. of lease inserted by No. 68/1986 s. 4(1)(c). lease means a retention lease under Part III; S. 4(1) def. of lease area inserted by No. 68/1986 s. 4(1)(c). lease area means the area constituted by the blocks that are the subject of a lease;
primary licence means a licence granted on an application under section 40(1) or (2); pumping station means equipment for pumping petroleum or water and includes any structure associated with that equipment; register means the register kept in pursuance of Division 5 of Part III; S. 4(1) def. of registered holder amended by Nos 68/1986 s. 4(1)(f)(6), 91/2001 s. 4(1)(b). registered holder, in relation to a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority, means the person whose name is for the time being shown in the register as being the holder of the permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority; regulations means regulations made under this Act; S. 4(1) def. of royalty period amended by No. 68/1986 s. 45(a)(i)(ii). royalty period, in relation to a permit, lease or licence, means— s. 4 (a) the period from and including the date from which the permit, lease or licence comes into force to the end of the month of the year during which that date occurs; and (b) each month thereafter; S. 4(1) def. of Safety Authority inserted by No. 11/2004 s. 4(a). Safety Authority means the National Offshore Petroleum Safety Authority under the Commonwealth Act;'; secondary licence means a licence granted on an application under section 40(3);
(a) a graticular section that is wholly within the adjacent area constitutes a block; and (b) if a part only of a graticular section is, or parts only of a graticular section are, within the adjacent area, the area of that part, or of those parts, constitutes a block. (3) In this Act— (a) a reference to a block that is constituted by a graticular section includes a reference to a block that is constituted by the area of a part only, or by the areas of parts only, of a graticular section; and (b) a reference to a graticular section that constitutes a block includes a reference to a graticular section part only of which constitutes, or parts only of which constitute, a block. Note to s. 17(3) inserted by No. 91/2001 s. 21. Note For datum, see section 151S. 18 Reservation of blocks S. 18(1) amended by Nos 68/1986 s. 49(Sch. item 1(a)(b)), 91/2001 s. 7(1)(a)(i)(ii). s. 18 (1) 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 permit, lease, licence or infrastructure licence is in force or over or in which there is a pipeline) shall not be the subject of a permit, lease, licence, infrastructure licence, special prospecting authority or access authority and that a pipeline
licence shall not be granted in respect of a pipeline over or in that block. S. 18(2) amended by Nos 68/1986 s. 49(Sch. item 2), 91/2001 s. 7(1)(b). (2) While a declaration under subsection (1) remains in force in respect of a block, a permit, lease, licence, infrastructure licence, special prospecting authority or access authority shall not be granted in respect of that block and a pipeline licence shall not be granted in respect of a pipeline over or in that block. Division 2—Exploration permits for petroleum S. 19 amended by No. 82/1993 s. 4(1). 19 Exploration for petroleum S. 19(1) amended by Nos 91/2001 s. 22(1), 10/2004 s. 16(Sch. 2 item 1.1(a)(b)). (1) A person shall not explore for petroleum in the adjacent area except— (a) under and in accordance with a permit; or (b) as otherwise permitted by this Part. $33 000 or imprisonment for 5 years or both, in the case of a natural person; $165 000, in the case of a body corporate. S. 19(2) inserted by No. 82/1993 s. 4(2). (2) For the purposes of subsection (1), a person who does anything preparatory to, or knowingly connected with, exploration for petroleum is taken to explore for petroleum. 20 Advertisement of blocks s. 19 (1) The Minister may, by instrument published in the Gazette—
(a) a permit in respect of a block or blocks cannot be renewed or further renewed; and (b) before the time when the permit would, apart from this subsection, expire, the permittee has duly made an application to the Minister for the grant of a lease or licence in respect of the block, or one or more of the blocks, being a block or blocks that are included in a location— the permit continues in force in respect of the block or blocks to which the application relates until— (c) if the Minister tells the permittee that the Minister is prepared to grant to the permittee a lease or licence in respect of the block or one or more of the blocks—such a lease or licence is granted, the permittee withdraws the application or the application lapses; or (d) if the Minister decides not to grant to the permittee such a lease—the end of the period of one year after the day of the service under subsection 38B(2) or (2A) of the instrument of notice refusing to grant the lease; or (e) if the Minister decides not to grant to the permittee such a licence—notice of the decision is served on the permittee. 30 Application for renewal of permit s. 30 (1) Subject to section 31, a permittee may, from time to time, make an application to the Minister for the renewal of the permit in respect of such of the blocks the subject of the permit as are specified in the application. (2) An application for the renewal of the permit—
is in force for the purpose of making a calculation under subsection (1). S. 31(3) amended by No. 91/2001 s. 28(2)(b). (3) An application for the renewal of a permit may include, in addition to the blocks referred to in subsection (1), a block that is, or is included in, a location and in respect of which the permit is in force, or 2 or more such blocks. S. 31(4) substituted by No. 91/2001 s. 28(3). (4) An application cannot be made for the renewal of a permit in respect of only one block. S. 31(5) substituted by No. 91/2001 s. 28(3). (5) If a permit is in force in respect of 5 or 6 blocks, an application may be made for the renewal of the permit in respect of 4 of those blocks. S. 31(6) substituted by No. 91/2001 s. 28(3). (6) If a permit is in force in respect of 2, 3 or 4 blocks, an application may be made for the renewal of the permit in respect of all those blocks. S. 31(7) substituted by No. 91/2001 s. 28(3). (7) An application may not be made for the further renewal of a permit that was renewed as a result of an application referred to in subsection (6). 32 Grant or refusal of renewal of permit S. 32(1) amended by Nos 83/1990 s. 5(1), 82/1993 s. 9(f)(i). s. 32 (1) Where an application has been made under section 30 for the renewal of a permit, the Minister— S. 32(1)(a) substituted by No. 83/1990 s. 5(1). (a) must, if the conditions to which the permit is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with; or S. 32(1)(b) substituted by No. 83/1990 s. 5(1). (b) may, if—
S. 32(3)(c)(ii) amended by No. 91/2001 s. 28(4)(a)(iii). (ii) specified a date on or before which the permittee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that the permittee or person wishes the Minister to consider; and S. 32(3)(d) amended by No. 91/2001 s. 28(4)(a) (i)(iv). (d) the Minister has taken into account any matters so submitted to the Minister on or before the specified date by the permittee or by a person on whom a copy of the instrument has been served. (4) An instrument referred to in subsection (1) shall contain— (a) a summary of the conditions to which the permit, on the grant of the renewal, is to be subject; and S. 32(4)(b) amended by No. 82/1993 s. 9(f)(ii). (b) a statement to the effect that the application will lapse if the permittee does not make a request under subsection (5). S. 32(5) amended by No. 82/1993 s. 9(f)(iii). s. 32 (5) A permittee on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on the permittee, by instrument in writing served on the Minister, request the Minister to grant to the permittee the renewal of the permit. S. 32(6) amended by Nos 82/1993 s. 9(f)(iv), 91/2001 s. 28(4)(b). (6) Where a permittee on whom there has been served an instrument under subsection (1) has made a request under subsection (5) within the period referred to in subsection (5), the Minister shall grant to the permittee the renewal of the permit. S. 32(7) amended by No. 82/1993 s. 9(f)(v). (7) Where a permittee on whom there has been served an instrument under subsection (1) has not made a request under subsection (5) within the period mentioned
(c) the Minister has considered any matters submitted to the Minister by the permittee in relation to the proposed variation. (6) Subsection (5) does not apply where a variation is made at the request of the permittee. S. 37(7) inserted by No. 91/2001 s. 30. (7) The Minister may form an opinion for the purposes of this section if he or she considers that there are reasonable grounds for forming the opinion having regard to any information in his or her possession, whether provided by the permittee or otherwise. S. 38 amended by No. 12/1990 s. 8. 38 Immediately adjoining blocks s. 38 For the purposes of section 36, a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block— (a) have a side in common; or (b) are joined together at one point only. Pt 3 Div. 2A (Heading and ss 38A–38K) inserted by No. 68/1986 s. 7. Division 2A—Retention leases for petroleum S. 38A inserted by No. 68/1986 s. 7. 38A Application by permittee for lease (1) A permittee whose permit 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 lease in respect of that block, or in respect of one or more of those blocks, as the case may be. (2) An application under subsection (1)—
(d) informing the lessee or the other person that the Minister has formed that opinion and that the Minister intends to cancel the lease; and s. 38E (e) stating that the lessee or the other person may serve an instrument in writing on the Minister within the period specified in the first-mentioned instrument, not being a period ending earlier than one month after the date of service of the first-mentioned instrument, setting out any matters that the lessee or the other person, as the case may be, wishes to be considered. (2) Where— (a) an instrument under subsection (1) is served on a lessee; and (b) the lessee does not, within the period referred to in subsection (1)(e), serve on the Minister an instrument setting out matters that the lessee wishes to be considered or the Minister, after consideration of matters set out in an instrument served on the Minister by the lessee within that period, determines that the lease should be cancelled— the Minister shall, by instrument in writing served on the lessee, cancel the lease. (3) The cancellation of a lease under subsection (2) has effect— (a) in a case to which paragraph (b) does not apply—at the end of the period of 12 months commencing on the date of service of the instrument of cancellation; or (b) in a case where the lessee makes an application for a licence in respect of one or more of the blocks comprised in the lease
(3) The Minister may, for reasons that the Minister thinks sufficient, receive an application for the renewal of the lease less than 6 months before, but not in any case after, the day on which the lease ceases to be in force. S. 38F(4) amended by No. 83/1990 s. 7. (4) Where an application has been made for the renewal of a lease, the Minister may, at any time, by instrument in writing served on the lessee, require the lessee to furnish, within the time specified in the instrument, further information in writing in connexion with the application. S. 38G inserted by No. 68/1986 s. 7. 38G Grant or refusal of renewal of lease S. 38G(1) amended by Nos 83/1990 s. 8(1)(c), 82/1993 s. 9(h)(i). (1) Where— S. 38G(1)(a) substituted by No. 83/1990 s. 8(1)(a). (a) an application for the renewal of a lease has been made under section 38F; and S. 38G(1)(b) substituted by No. 83/1990 s. 8(1)(a). (b) any further information required by the Minister under section 38F(4) has been furnished in accordance with that section; and (c) the Minister is satisfied that recovery of petroleum from the lease area— (i) is not, at the time of the application, commercially viable; and (ii) is likely to become commercially viable within the period of 15 years after that time— the Minister—
S. 71(2)(e) amended by No. 83/1990 s. 18(1) (Sch. 1). (e) shall be accompanied by the prescribed fee. s. 71 S. 71(3) amended by No. 91/2001 s. 46(d)(i)(ii). (3) The Minister may, at any time, by instrument in writing served on a person who has made an application under this section require the person to furnish, within the period specified in the instrument, further information in writing in connexion with the application. S. 71(4) amended by No. 91/2001 s. 46(e). (4) The Minister shall, in a notice published in the Gazette of an application under this section, specify a period within which a person may submit to the Minister, in writing, any matters that the person wishes the Minister to consider in connexion with the application. S. 71(5) amended by No. 91/2001 s. 46(f)(i)(ii). (5) After considering any matters submitted to the Minister under subsection (4) the Minister may, by instrument in writing, vary the pipeline licence to such extent as he or she thinks necessary or may refuse to vary the pipeline licence. 72 Variation of pipeline licence by Minister S. 72(1) amended by No. 91/2001 s. 46(g)(ii). (1) The Minister may— s. 72 (a) at the request of— (i) a Minister or a Minister of State of the Commonwealth; or (ii) a body established by a law of the Commonwealth or of the State; and S. 72(1)(b) amended by No. 91/2001 s. 46(g)(i). (b) if, in the Minister's opinion, it is in the public interest so to do—
S. 94(d) amended by Nos 68/1986 s. 49(Sch. item 15), 91/2001 s. 49(c). (d) the determination of a permit or lease as to a block or blocks; and S. 94(e) substituted by No. 91/2001 s. 49(d). (e) an application for a pipeline licence or for a variation of a pipeline licence; and (f) the surrender or cancellation of a pipeline licence as to the whole or a part of the pipeline; and S. 94(g) amended by No. 68/1986 s. 49(Sch. item 16), substituted by No. 91/2001 s. 49(e), amended by No. 91/2001 s. 7(2)(h). (g) the expiry of a permit or lease, or the termination of a licence, infrastructure licence or pipeline licence— under this Part to be published in the Gazette. 95 Date of effect of surrender etc. and of permits etc. S. 95(1) repealed by No. 68/1986 s. 36(a). s. 95 * * * * * S. 95(2) amended by No. 68/1986 ss 36(b), 49(Sch. item 17(a)(b)). (2) The surrender or cancellation of a permit, lease or licence as to all or some of the blocks in the permit area, lease area or licence area has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette. S. 95(2A) inserted by No. 91/2001 s. 7(3). (2A) The surrender or cancellation of an infrastructure licence has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette.
S. 95(3) amended by No. 68/1986 s. 36(b). (3) The surrender or cancellation of a pipeline licence as to the whole or a part of the pipeline has effect on and from the day of which notice of the surrender or cancellation is published in the Gazette. S. 95(4) amended by Nos 68/1986 s. 36(b), 91/2001 s. 7(4)(a). (4) A variation of a licence, infrastructure licence or pipeline licence has effect on and from the day on which notice of the variation is published in the Gazette. 96 Commencement of works s. 96 S. 96(1) amended by Nos 68/1986 ss 37, 49(Sch. item 18(a)(b)), 91/2001 s. 7(4)(b)(i)(ii). (1) Where a permit, lease, licence, infrastructure licence or pipeline licence is granted subject to a condition that works or operations specified in the permit, lease, licence, infrastructure licence or pipeline licence are to be carried out, the permittee, lessee, licensee, infrastructure licensee or pipeline licensee, as the case may be, shall commence to carry out those works or operations within a period of six months after the day on which the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, comes into force. S. 96(2) amended by Nos 68/1986 s. 49(Sch. item 19(a)), 91/2001 ss 7(4)(b)(ii), 50(a)(i). (2) The Minister may, for reasons that he or she thinks sufficient, by instrument in writing served on a permittee, lessee, licensee, infrastructure licensee or pipeline licensee— S. 96(2)(a) amended by No. 91/2001 ss 7(4)(b)(ii), 50(a)(ii). (a) exempt the permittee, lessee, licensee, infrastructure licensee or pipeline licensee from compliance with the requirements of subsection (1); and
S. 96(2)(b) amended by Nos 68/1986 ss 37, 49(Sch. item 19(b)), 91/2001 ss 7(4)(b)(i)(ii), 50(a)(ii). (b) direct the permittee, lessee, licensee, infrastructure licensee or pipeline licensee to commence to carry out the works or operations specified in the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, within such period after the day on which the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, comes into force as is specified in the instrument. S. 96(3) amended by Nos 91/2001 s. 50(b), 10/2004 s. 16(Sch. 2 item 1.7(a)(b)). (3) A person to whom a direction is given under subsection (2) shall comply with the direction. $11 000, in the case of a natural person; $55 000, in the case of a body corporate. 97 Work practices S. 97(1) amended by No. 68/1986 s. 49(Sch. item 20(a)(b)). s. 97 (1) A permittee, lessee or licensee shall carry out all petroleum exploration operations and operations for the recovery of petroleum in the permit area, lease area or licence area in a proper and workmanlike manner and in accordance with good oil-field practice and shall secure the safety, health and welfare of persons engaged in those operations in or about the permit area, lease area or licence area. S. 97(2) amended by No. 68/1986 s. 49(Sch. item 21(a)). (2) In particular, and without limiting the generality of subsection (1), but subject to any authorization or requirement given or made by or under this Act or regulations or directions under this Act, a permittee, lessee or licensee shall— S. 97(2)(a) amended by No. 68/1986 s. 49(Sch. item 21(b)). (a) control the flow and prevent the waste or escape in the permit area, lease area or licence area of petroleum or water;
(b) in relation to a surrender of a pipeline licence—the part of the adjacent area in which the pipeline, or the part of the pipeline, as to which the pipeline licence is proposed to be surrendered is constructed. 105 Cancellation of permits etc. S. 105(1) amended by Nos 68/1986 s. 49(Sch. item 35(a)), 91/2001 s. 7(6)(k)(i). (1) Where a permittee, lessee, licensee, infrastructure licensee or pipeline licensee— s. 105 S. 105(1)(a) amended by Nos 68/1986 s. 49(Sch. item 35(b)), 91/2001 s. 7(6)(k)(ii). (a) has not complied with a condition to which the permit, lease, licence, infrastructure licence or pipeline licence is subject; S. 105(1)(b) amended by No. 91/2001 ss 7(6)(k)(i), 54(3). (b) has not complied with a direction given to the permittee, lessee, licensee, infrastructure licensee or pipeline licensee under this Part by the Minister; (c) has not complied with a provision of this Part or of the regulations; or S. 105(1)(d) amended by No. 91/2001 ss 7(6)(k)(i), 54(3). (d) has not paid any amount payable by the permittee, lessee, licensee, infrastructure licensee or pipeline licensee under this Act, within a period of three months after the day on which the amount became payable— the Minister may, on that ground, by instrument in writing served on the permittee, lessee, licensee, infrastructure licensee or pipeline licensee, as the case may be—
115 Minister etc. may require information to be furnished etc. S. 115(1) amended by No. 91/2001 ss 11(b), 58(1)(a). s. 115 (1) Where the Minister or an inspector has reason to believe that a person is capable of giving information or producing documents relating to petroleum exploration operations, operations for the recovery of petroleum, operations relating to the processing or storage of petroleum or the preparation of petroleum for transport or operations connected with the construction or operation of a pipeline in the adjacent area, the Minister may, by instrument in writing served on that person, require that person— S. 115(1)(a) amended by No. 91/2001 s. 58(1)(b). (a) to furnish to the Minister in writing, within the period and in the manner specified in the instrument, any such information; or S. 115(1)(b) amended by No. 91/2001 s. 58(1)(b). (b) to attend before the Minister or a person specified in the instrument, at such time and place as is so specified and there to answer questions relating to those operations and to produce such documents relating to those operations as are so specified. S. 115(2) amended by No. 91/2001 s. 58(2)(a)(b). (2) A person is not excused from furnishing information, answering a question or producing a document when required to do so under this section on the ground that the information so furnished, the answer to the question or the production of the document might tend to incriminate the person or make the person liable to a penalty. S. 115(3) inserted by No. 91/2001 s. 58(3). (3) However, any information furnished, answer given or document produced pursuant to the requirement, and any information or thing (including any document) obtained as a direct or indirect consequence of the furnishing of the information, the answering of the question or the production of the document, as the case may be, is
(2) A safety zone specified in an instrument under subsection (1) may extend to a distance of 500 metres around the well, structure or equipment specified in the instrument measured from each point of the outer edge of the well, structure or equipment. S. 119(3) amended by Nos 91/2001 s. 60, 10/2004 s. 16(Sch. 2 item 1.13(a) (b)). (3) Where a vessel enters or remains in a safety zone specified in an instrument under subsection (1) in contravention of the instrument, the owner and the person in command or in charge of the vessel are each guilty of an offence against this section and are punishable, upon conviction, by a penalty of a fine not exceeding $66 000 or imprisonment for a term not exceeding 10 years, or both, in the case of a natural person or a fine not exceeding $330 000 in the case of a body corporate. S. 120 amended by Nos 68/1986 s. 49(Sch. item 60), 91/2001 s. 61(a), 10/2004 s. 16(Sch. 2 item 1.14(a) (b)). 120 Discovery and use of water s. 120 Where water is discovered in a permit area, a lease area or a licence area, the permittee, lessee or licensee, as the case may be, shall, within a period of one month after the date of the discovery, furnish to the Minister in writing particulars of the discovery. $11 000, in the case of a natural person; $55 000, in the case of a body corporate. S. 121 amended by No. 68/1986 s. 49(Sch. item 61), repealed by No. 91/2001 s. 61(b). * * * * *
Commonwealth Government Gazette No. 84 of 6 October 1966; instrument under this Act does not include the regulations; this Act includes the regulations; S. 151ZA def. of title amended by No. 91/2001 s. 14(3). title means a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority. _______________ Pt 3C (Heading and ss inserted by No. 11/2004 s. 9. Division 1—Introduction S. 151ZB inserted by No. 11/2004 s. 9. 151ZB Definitions s. 151ZB In this Part— Board means the National Offshore Petroleum Safety Authority Board under the Commonwealth Act; CEO means the Chief Executive Officer of the Safety Authority; facility has the same meaning as in Schedule 7; offshore petroleum operations means any operations (including diving operations) that— (a) relate to— (i) the exploration for petroleum; or
(c) a vessel, or structure, that is declared by the regulations not to be an associated offshore place; contract includes an arrangement or understanding; contractor has the meaning given by clause 7; dangerous occurrence means an occurrence declared by the regulations to be a dangerous occurrence for the purposes of this definition; designated work group means— (a) a group of members of the workforce at a facility that is established as a designated work group under clause 18 or 19; or (b) that group as varied in accordance with clause 20 or 21; employee, in relation to an employer, means an employee of that employer; employer means an employer who carries on an activity at a facility; Sch. 7 facility means a facility as defined by clause 4, and— (a) includes a facility (as defined by clause 4) that is being constructed or installed; and (b) except in the definition of associated offshore place, includes an associated offshore place in relation to a facility (as defined by clause 4);
with the obligations imposed on the operator by clause 5; own includes own jointly and own in part; plant includes any machinery, equipment or tool, or any component; premises includes the following— (a) a structure or building; (b) a place (whether or not enclosed or built on); (c) a part of a thing referred to in paragraph (a) or (b); prohibition notice means a prohibition notice issued under clause 59(1); proposed facility means a facility proposed to be constructed, installed or operated; recovery, in relation to petroleum, includes all processes directly or indirectly associated with its recovery; Sch. 7 cl. 3 def. of registered organisation substituted by No. 74/2009 s. 17(2). registered organisation means an organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; regulated business premises means— (a) a facility; or (b) premises that are— (i) occupied by a person who is the operator of a facility; and (ii) used, or proposed to be used, wholly or principally in connection with offshore petroleum operations; Sch. 7