(c) fiscal regimes that offer petroleum explorers a fair return while benefiting all Victorians; and (d) easy and effective access to information on 's petroleum geology. (2) In encouraging petroleum exploration and production, this Act seeks to have regard to economic, social and environmental interests by ensuring— S. 3(2)(a) amended by No. 55/2010 s. 57(1). (a) the efficient exploration for, and production of, petroleum; and S. 3(2)(b) amended by No. 55/2010 s. 57(2). (b) that the impacts on individuals, public safety, public amenity and the environment as a result of petroleum activities will be minimised as far as is practicable; and (c) that land affected by petroleum activities is rehabilitated; and (d) that there will be just compensation for access to, and the use of, land; and (e) that petroleum explorers and producers will comply with all authority conditions that apply to them. 4 General definitions s. 4 In this Act— S. 4 def. of authority amended by No. 57/2009 s. 35(b). authority means an exploration permit, a retention lease, a production licence, special access authorisation or a special drilling authorisation; Crown land means land that is, or that is by any Act deemed to be, unalienated land of the Crown, and includes—
improvement notice means a notice issued under section 216; inspector means a person authorised by the Minister under section 198 to act as an inspector; Native Title Act means the Native Title Act 1993 of the Commonwealth; native title land means land in which native title (within the meaning of the Native Title Act) may exist; owner means— (a) in relation to land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993, the licensee of that land under that Part; s. 4 (b) in relation to native title land, the native title holder (within the meaning of the Native Title Act) of the land; parks Crown land means any land that is a national, State or other park under the National Parks Act 1975; petroleum has the meaning set out in section 6; petroleum exploration has the meaning set out in section 7; petroleum operation means any activity relating to petroleum exploration or to petroleum production; petroleum pool means a naturally occurring discrete accumulation of petroleum; petroleum production has the meaning set out in section 8;
retention period means a period of 60 days after the seizure of a thing under this Act; Tribunal means the Victorian Civil and Administrative Tribunal; unit development agreement means an agreement made under Division 9 of Part 5; unrestricted Crown land means any Crown land other than wilderness Crown land, parks Crown land and restricted Crown land; vary, in relation to the conditions of an authority, includes adding conditions to, and removing conditions from, the authority; well means a hole in the sub-soil made by drilling, boring or any other means in connection with a petroleum operation, but does not include a seismic shot hole; well-head has the meaning set out in section 151; wilderness Crown land means land that is a reference area under the Reference Areas Act 1978 or that is a wilderness zone or wilderness park under the National Parks Act 1975; work program has the meaning set out in section 97. 5 Reference provisions s. 5 (1) A reference in this Act to a permit area, a lease area, a licence area, an authorisation area or an authority area is a reference to the area to which the permit, lease, licence, authorisation or authority applies at the relevant time. (2) A reference in this Act to this Act includes a reference to the regulations.
(6) While a condition of an authority is suspended, the holder of the authority need not comply with the condition. (7) Subsection (6) does not apply during any time that the holder of the authority is not complying with a condition imposed under subsection (2)(c). (8) The Minister may suspend under this section all of the conditions that apply to an authority. 106 Term of authority may be extended if condition suspended s. 106 If the Minister suspends a condition of an authority, the Minister may also extend the term of the authority by a period not exceeding the period of the suspension. Division 3—Transfers of authorities 107 Transfers S. 107(1) amended by No. 57/2009 s. 38. (1) If the holder of an authority, other than a special drilling authorisation, wishes to transfer the authority to another person, either it or the person to whom the authority is to be transferred may apply to the Minister for approval of the transfer. (2) A person applying for the approval of a transfer— (a) must apply for the approval in the manner required by the Minister; and (b) must submit the following details concerning the person to whom the authority is to be transferred— (i) its relevant technical qualifications and the relevant technical qualifications of its employees; and (ii) the relevant technical advice available to it; and
before a petroleum operation of a kind described in column 1 may be carried out— TABLE Column 1 Petroleum Operation Column 2 Requirement Any petroleum operation on any land The written consent of the Minister in accordance with section 138. Reasonable steps taken to ensure non-contravention of legislation referred to in section 146. 21 days (or any shorter period that is agreed) written notice given to owner, occupier or person or body responsible for management of the land in accordance with section 128. An operation plan accepted by the Minister in accordance with section 161. Insurance obtained and maintained, as directed by the Minister, in accordance with section 171. A rehabilitation bond acceptable to the Minister obtained in accordance with section 173. Any petroleum operation on private land or native title land, except land owned by that person Consent of owners and occupiers of land; or compensation agreement entered into with owners and occupiers; or amount of compensation payable to owners and occupiers determined— in accordance with section 128.
Any petroleum operation on land on which there is a public highway, road or street Written consent of the person or body responsible for the land in accordance with section 141. s. 147 Column 1 Petroleum Operation Column 2 Requirement Significant operation as part of a petroleum operation on unrestricted Crown land Consultation with Minister responsible for the land in accordance with section 144. Any petroleum operation on restricted Crown land Written consent of the Minister responsible for the land in accordance with section 139. Any petroleum operation on land owned, vested in or managed or controlled by a water authority Written consent of the water authority in accordance with section 140. Petroleum production in licence area Petroleum production development plan approved by the Minister in accordance with Division 6 of Part 5. Inject petroleum into reservoir in licence area for purposes of storage Storage development plan approved by the Minister in accordance with Division 7 of Part 5. s. 147 _______________ 148 Application of this Part s. 148 This Part does not apply in respect of any production licence that provides that a method of revenue collection other than the collection of a royalty applies in respect of any petroleum extracted or recovered under the licence. 149 Liability for, and rate of, royalty
Division 3—Information to be given to the Minister 177 Minister must be told if petroleum discovered s. 177 If petroleum is discovered in an authority area, the holder of the authority— (a) must immediately notify the Minister of the discovery; and (b) must within 3 days after the discovery give the Minister written details of the discovery. 120 penalty units. 178 Minister may require certain information if petroleum discovered (1) If petroleum is discovered in an authority area, the Minister may direct the holder of the authority— (a) to give the Minister some or all of the following details— (i) the chemical composition and the physical properties of the petroleum; (ii) the nature of the subsoil in which the petroleum occurs; (iii) the quantity of petroleum in the petroleum pool to which the discovery relates (or if the pool extends outside the authority area, the quantity within that part of the pool that is within the authority area); (iv) any other details relating to the discovery that the Minister specifies; and (b) to conduct tests or to do anything else that the Minister specifies to obtain the information listed in paragraph (a). (2) A direction must be given in writing and must specify by when it must be complied with.
(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and must be in the form set out in the regulations under that Act. (5) Subject to any provision to the contrary in this Act, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section. 204 Announcement before entry s. 204 (1) Before executing a search warrant, the inspector named in the warrant or a person assisting the inspector must announce that she or he is authorised by the warrant to enter the premises and give any person at the premises an opportunity to allow entry to the premises. (2) The inspector or a person assisting the inspector need not comply with subsection (1) if she or he believes on reasonable grounds that immediate entry to the premises is required to ensure— S. 204(2)(a) substituted by No. 55/2010 s. 63. (a) the safety of any member of the public; or (b) that the effective execution of the search warrant is not frustrated. 205 Copy of warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present at the premises when a search warrant is being executed, the inspector must—