Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Petroleum and Geothermal
Energy Resources Act 1967 and includes the amendments made by the other
written laws referred to in the following table 1a, 4. The table
also contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Petroleum Act 1967 5 |
72 of 1967 |
11 Dec 1967 |
5 Sep 1969 (see s. 2 and Gazette
5 Sep 1969 p. 2540) |
|
94 of 1972 |
4 Dec 1972 |
Relevant amendments (see First Sch. 6)
took effect on 1 Jan 1973 (see s. 4(2) and
Gazette 29 Dec 1972 p. 4811) |
|
|
Acts Amendment (Mining) Act 1981
Pt. III 7 |
69 of 1981 |
30 Oct 1981 |
30 Oct 1981 |
|
Reprint of the Petroleum Act 1967 approved
20 Sep 1982 (includes amendments listed above) |
|||
|
Acts Amendment (Aboriginal Affairs Planning Authority)
Act 1982 Pt. III |
107 of 1982 |
7 Dec 1982 |
7 Dec 1982 |
|
113 of 1985 |
7 Jan 1986 |
7 Jan 1986 (see s. 2) |
|
|
Petroleum Amendment Act 1987 |
90 of 1987 |
9 Dec 1987 |
Act other than s. 6: 14 Feb 1983
(see s. 2(1)); |
|
Acts Amendment (Petroleum) Act 1990
Pt. II 8-14 |
12 of 1990 |
31 Jul 1990 |
1 Oct 1990 (see s. 2(1) and
Gazette 28 Sep 1990 p. 5099) |
|
Petroleum (Drilling Reservations) Amendment
Act 1990 |
78 of 1990 |
22 Dec 1990 |
s. 1 and 2:
22 Dec 1990; |
|
Reprint of the Petroleum Act 1967 as at
17 Dec 1992 (erratum in Gazette 26 Feb 1993
p. 1362) (includes amendments listed above) |
|||
|
Land (Titles and Traditional Usage) Act 1993
s. 45 |
21 of 1993 |
2 Dec 1993 |
2 Dec 1993 (see s. 2) |
|
Petroleum Royalties Legislation Amendment
Act 1994 Pt. 2 |
11 of 1994 |
15 Apr 1994 |
1 Mar 1994 (see s. 2) |
|
Acts Amendment (Petroleum) Act 1994
Pt. 3 15-17 |
28 of 1994 |
29 Jun 1994 |
22 Jul 1994 (see s. 2 and Gazette
22 Jul 1994 p. 3728) |
|
Statutes (Repeals and Minor Amendments) Act 1994
s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Acts Amendment and Repeal (Native Title)
Act 1995 Pt. 7 |
52 of 1995 |
24 Nov 1995 |
9 Dec 1995 (see s. 2 and Gazette
8 Dec 1995 p. 5935) |
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Acts Amendment (Marine Reserves) Act 1997
Pt. 4 |
5 of 1997 |
10 Jun 1997 |
29 Aug 1997 (see s. 2 and Gazette
29 Aug 1997 p. 4867) |
|
Acts Amendment (Land Administration) Act 1997
Pt. 49 and 68 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette
27 Mar 1998 p. 1765) |
|
Acts Amendment (Land Administration, Mining and
Petroleum) Act 1998 Pt. 4 |
61 of 1998 |
11 Jan 1999 |
11 Jan 1999
(see s. 2(1)) |
|
Acts Amendment (Mining and Petroleum) Act 1999
Pt. 3 18, 19 |
17 of 1999 |
15 Jun 1999 |
24 Jul 1999 (see s. 2 and Gazette
23 Jul 1999 p. 3385) |
|
Reprint of the Petroleum Act 1967 as at
14 Jan 2000 (includes amendments listed above) |
|||
|
Acts Amendment (Australian Datum) Act 2000
s. 7 |
54 of 2000 |
28 Nov 2000 |
16 Dec 2000 (see s. 2 and Gazette
15 Dec 2000 p. 7201) |
|
Corporations (Consequential Amendments) Act
(No. 2) 2003 Pt. 15 |
20 of 2003 |
23 Apr 2003 |
15 Jul 2001 (see s. 2(1) and Cwlth
Gazette 13 Jul 2001 No. S285) |
|
Criminal Code Amendment Act 2004
s. 58 |
4 of 2004 |
23 Apr 2004 |
21 May 2004 (see s. 2) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004
Pt. 2 Div. 98 20 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Petroleum Legislation Amendment and Repeal
Act 2005 Pt. 2 |
13 of 2005 (as amended by No. 35 of 2007 Pt. 2
Div. 2) |
1 Sep 2005 |
15 May 2010 (see s. 2 and Gazette
14 May 2010 p. 2015) |
|
Reprint 4: The Petroleum Act 1967 as at
13 Apr 2007 (includes amendments listed above except those in the
Petroleum Legislation Amendment and Repeal
Act 2005) |
|||
|
Petroleum Amendment Act 2007
Pt. 2 |
35 of 2007 |
21 Dec 2007 |
Div. 1: 19 Jan 2008 (see s. 2(b) and
Gazette 18 Jan 2008
p. 147); |
|
Reprint 5: The Petroleum and Geothermal Energy
Resources Act 1967 as at 2 May 2008 (includes amendments
listed above except those in the Petroleum Legislation Amendment and Repeal
Act 2005 Pt. 2 and the Petroleum Amendment Act 2007 Pt. 2
Div. 2) (correction in Gazette 23 Jun 2009
p. 2470) |
|||
|
Revenue Laws Amendment Act (No. 2) 2008
s. 34 |
31 of 2008 |
27 Jun 2008 |
28 Jun 2008 (see s. 2(b)) |
|
Reprint 6: The Petroleum and Geothermal Energy
Resources Act 1967 as at 22 Oct 2010 (includes amendments
listed above) |
|||
|
Petroleum and Energy Legislation Amendment
Act 2010 Pt. 2 other than s. 51, 57, 58(b) (to the extent that it
inserts s. 153(2)(lc)), 61 (to the extent that it inserts Sch. 2 cl.
3) |
42 of 2010 |
28 Oct 2010 |
25 May 2011 (see s. 2(b) and Gazette
24 May 2011 p. 1892) |
|
Reprint 7: The Petroleum and Geothermal Energy
Resources Act 1967 as at 5 Aug 2011 (includes amendments
listed above) |
|||
|
Personal Property Securities (Consequential Repeals and
Amendments) Act 2011 Pt. 9 Div. 3 |
42 of 2011 |
4 Oct 2011 |
30 Jan 2012 (see s. 2(c) and Cwlth
Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov
2011) |
|
Statutes (Repeals and Minor Amendments) Act 2011
s. 15 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Native Title (State Provisions) Act 1999
Sch. 2 Div. 7 21 |
60 of 1999 |
10 Jan 2000 |
s. 7.3 operative on earliest of commencement of
Pt. 2 (except s. 2.2), Pt. 3 (except s. 3.1) and
Pt. 4 |
|
Petroleum and Energy Legislation Amendment
Act 2010 s. 51, 57, 58(b) (to the extent that it inserts
s. 153(2)(lc)), 61 (to the extent that it inserts Sch. 2
cl. 3) 22 |
42 of 2010 |
28 Oct 2010 |
To be proclaimed (see s. 2(b)) |
2 The Petroleum Act 1936 was repealed by this Act,
s. 3.
3 Repealed by the Interpretation Act 1984.
4 The amendment in the Petroleum Safety Act 1999
s. 92 is not included as it was deleted by the Petroleum Legislation
Amendment and Repeal Act 2005 s. 51 before it came into
operation.
5 Short title was initially the Petroleum Act 1967
and was subsequently changed to the Petroleum and Geothermal Energy Resources
Act 1967 (see note under s. 1).
6 The Schedule to the Metric Conversion Act 1972 was
redesignated as the First Schedule by the Metric Conversion Act Amendment
Act 1973.
7 The Acts Amendment (Mining) Act 1981 s. 34(2)
and (3) are transitional provisions that are of no further effect.
8 The Acts Amendment (Petroleum) Act 1990
s. 26(2) reads as follows:
(2) A permit granted before the commencement of this section is not
invalidated by reason of any error that may have occurred in specifying the date
of commencement of the permit and the term of such a permit shall be deemed to
have commenced on the day of commencement specified in it.
9 The Acts Amendment (Petroleum) Act 1990
s. 32(2)-(6) read as follows:
(2) Where —
(a) at the commencement of this section, a nomination has been made under
section 46 of the principal Act; and
(b) at that commencement, a declaration had not been made under
section 47 of the principal Act as a result of the making of the
nomination,
sections 46, 47 and 48 of the principal Act, as in force immediately
before the commencement of this section, continue to have effect in relation to
that nomination and the block or blocks that would be affected by a declaration
as if this Act had not been enacted.
(3) A declaration made under section 47 of the principal Act as
continued in force by subsection (2) has effect, and the principal Act, as
amended by this Act, applies to the declaration, as if the declaration had been
made under that section as amended by this Act.
(4) A declaration in force under section 47 of the principal Act
immediately before the commencement of this section has effect after that
commencement as if it were a declaration under section 47 of the principal
Act, as amended by this Act.
(5) Where —
(a) the permittee under a permit granted before the commencement of this
section applies under section 50 of the principal Act, as amended by this
Act, for a licence;
(b) the location that includes the block or blocks to which the
application relates was declared under section 47 of the principal Act, as
amended by this Act;
(c) the location consists of not more than 8 blocks;
(d) the Minister notifies the applicant in writing that, in his opinion,
the number of blocks specified in the notification represents the maximum number
of blocks that the applicant would have been entitled to have declared as a
location instead of the block or blocks constituting the location referred to in
paragraph (b) if this Act had not been enacted; and
(e) the number of blocks specified in the notification exceeds the number
of blocks in the location referred to in paragraph (b),
section 50(1) of the principal Act, as amended by this Act, applies
as if the firstmentioned location were constituted by the number of blocks
specified in the notification referred to in paragraph (d).
(6) Where —
(a) a lessee under a lease of a block or blocks for which a permit was
granted before the commencement of this section applies under section 50A
of the principal Act, as amended by this Act, for a licence;
(b) the location that includes the block or blocks to which the
application relates was declared under section 47 of the principal Act, as
amended by this Act;
(c) the location consists of not more than 8 blocks;
(d) the Minister notifies the applicant in writing that, in his opinion,
the number of blocks specified in the notification represents the maximum number
of blocks that the applicant would have been entitled to have declared as a
location instead of the block or blocks constituting the location referred to in
paragraph (b) if this Act had not been enacted; and
(e) the number of blocks specified in the notification exceeds the number
of blocks in the location referred to in paragraph (b),
section 50A(2) of the principal Act, as amended by this Act, applies
as if the lease were in respect of the number of blocks specified in the
notification referred to in paragraph (d).
10 The Acts Amendment (Petroleum) Act 1990
s. 42(2) reads as follows:
(2) The revocation, under section 56(3) of the principal Act, of a
declaration in respect of a location shall be deemed not to have affected the
validity of a licence granted under the principal Act in respect of any block
forming part of that location.
11 The Acts Amendment (Petroleum) Act 1990
s. 48(2) reads as follows:
(2) A licence granted before the commencement of this section is not
invalidated by reason of any error that may have occurred in specifying the date
of commencement of the licence and the term of such a licence shall be deemed to
have commenced on the date of commencement specified in it.
12 The Acts Amendment (Petroleum) Act 1990
s. 56(2), (3) and (4) read as follows:
(2) Section 72 of the principal Act as amended by this Act applies in
relation to applications for approval of transfers of permits, licences or
access authorities lodged after the commencement of this section.
(3) Notwithstanding the repeal of section 72 of the principal Act
effected by subsection (1), that section continues to apply in relation to
applications for approval of transfers of permits, licences or access
authorities lodged before the commencement of this section.
(4) A transfer approved and registered under section 72 of the
principal Act shall be deemed to have been approved and registered under
section 72 of the principal Act as amended by this Act.
13 The Acts Amendment (Petroleum) Act 1990
s. 58(2)-(7) read as follows:
(2) Subject to this section, sections 75 and 75A of the principal Act
as amended by this Act apply in relation to dealings evidenced by instruments
executed after the commencement of this section.
(3) A party to an instrument to which section 75 of the principal Act
applied, being an instrument that had not been approved under that section of
that Act, may, if the instrument evidences a dealing —
(a) to which section 75 of the principal Act as amended by this Act
would, if the instrument had been executed after the commencement of this
section, apply; and
(b) that relates to a permit, licence or access authority that was in
existence at the time of execution of the instrument,
make an application in writing, within 12 months after the
commencement of this section, to the Minister for approval of the
dealing.
(4) Where —
(a) before the commencement of this section, 2 or more persons entered
into a dealing relating to a permit, licence or access authority that was not in
existence at the time of execution of the instrument evidencing the
dealing;
(b) that dealing would, if the instrument evidencing the dealing had been
executed after the commencement of this section, be a dealing referred to in
section 75A(1) of the principal Act as amended by this Act; and
(c) that permit, licence or access authority has come, or comes, into
existence,
a party to the dealing may make an application in writing
within —
(d) in a case where that permit, licence or access authority came into
existence before the commencement of this section, 12 months after that
commencement; or
(e) in any other case, 3 months after that permit, licence or access
authority comes into existence,
to the Minister for approval of the dealing.
(5) Section 75 of the principal Act as amended by this Act (other
than subsections (5) and (6) of that section) applies to a dealing in
respect of which an application is made under subsection (3) or (4) of this
section.
(6) If, when the first regulations made for the purposes of
section 75(4)(b) of the principal Act, as amended by this Act, take effect,
an application for approval of a dealing has been made but the Minister has
neither approved nor refused to approve the dealing —
(a) the Minister shall give to the applicant written notice that the
applicant is entitled to lodge an instrument for the purpose of
section 75(4)(b) in relation to the application;
(b) the applicant may lodge an instrument for the purpose of
section 75(4)(b);
(c) the application shall not be dealt with by the Minister until after
the end of 30 days after the day on which notice is given for the purpose
of paragraph (a); and
(d) where the applicant lodges an instrument under paragraph (b), the
applicant shall lodge with the instrument 2 copies of the instrument.
(7) An instrument lodged under subsection (6) shall be taken, for the
purposes of section 75(13) of the principal Act, as amended by this Act, to
have accompanied the application when the application was lodged.
14 The Acts Amendment (Petroleum) Act 1990
s. 76(2) and (3) read as follows:
(2) A direction in force under section 95 of the principal Act
immediately before the commencement of this section shall, after that
commencement, continue to apply to the person or persons to whom it applied
before that commencement as if it were a direction under section 95 of the
principal Act as amended by this Act.
(3) A registered holder is not required by section 95(2a) of the
principal Act as amended by this Act to cause a copy of a direction to which
subsection (2) applies to be given to another person or to cause a copy of
such a direction to be exhibited at a place frequented by that other person if
the direction or a copy of the direction was served, within the meaning of the
principal Act, on the person before the commencement of this section.
15 The Acts Amendment (Petroleum) Act 1994
s. 14(2), (3) and (4) read as follows:
(2) Where a permit referred to in section 39(a) of the principal Act
is in force at the commencement of this section, the registered holder of the
permit may apply to the Minister for the term of that permit to be extended from
5 years to 6 years and that application shall —
(a) be in accordance with a form approved by the Minister;
(b) be accompanied by the particulars set out in section 31(1)(d)(i)
of the principal Act relevant to the year that the application is in respect of;
and
(c) set out any other matters that the applicant wishes the Minister to
consider, or that the Minister requests, in connection with the
application.
(3) By instrument in writing served on a person who has made an
application under subsection (2) the Minister shall inform that
person —
(a) that the Minister is prepared to extend the term of the permit, and
the instrument shall contain a summary of any conditions subject to which the
extension is to be granted; or
(b) that the Minister has refused to extend the term of the
permit.
(4) The Minister shall grant to an applicant on whom there has been served
an instrument under subsection (3)(a) the extension referred to in the
instrument if the applicant requests the Minister to do so by instrument in
writing served on the Minister within one month after the service on the
applicant of the instrument under subsection (3)(a).
16 The Acts Amendment (Petroleum) Act 1994
s. 16(2) reads as follows:
(2) Section 41 of the principal Act as in force immediately before
the commencement of this section continues to have effect in relation to the
renewal of all permits in force at the commencement of this section, other than
those permits in respect of which an extension from 5 years to 6 years
has been granted under section 14 of this Act, in which case
section 41 of the principal Act as amended by this section
applies.
17 The Acts Amendment (Petroleum) Act 1994
s. 55(2) reads as follows:
(2) Notwithstanding the repeal of section 134B of the principal Act,
Part III of the principal Act continues to apply to and in relation to a licence
granted on an application made under that section.
18 The Acts Amendment (Mining and Petroleum)
Act 1999 s. 23(2) and (3) read as follows:
(2) Section 15A as inserted into the Petroleum Act 1967
by subsection (1) does not prohibit operations being carried out under the
authority of —
(a) a relevant licence on land that immediately before the commencement of
section 22 was declared under section 15(2) of that Act to be Crown
land and land to which that Act applied; or
(b) the Barrow Island lease.
(3) In subsection (2) —
Barrow Island lease has the meaning given in
section 128 of the Petroleum Act 1967;
relevant licence means a production licence for petroleum in
force under Part III of the Petroleum Act 1967 immediately before
the commencement of this section.
19 The Acts Amendment (Mining and Petroleum)
Act 1999 s. 26(5) reads as follows:
(5) Despite the amendments made by this section, section 43F of the
Petroleum Act 1967 continues to apply to and in relation to the
extension of a drilling reservation in force on the commencement of this
section.
20 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
21 On the date as at which this compilation was prepared, the
Native Title (State Provisions) Act 1999 s. 7.3, which gives
effect to Sch. 2, had not come into operation. It reads as
follows:
Schedule 2 has effect.
Schedule 2 Div. 7 reads as follows:
Schedule 2 — Consequential
amendments
[s. 7.3]
Division 7 — Petroleum
Act 1967
The amendments in this Division are to the Petroleum
Act 1967.
50. Section 5
amended
After section 5(8) the following subsection is
inserted —
“
(9) If the exercise of the power conferred by subsection (8) to amend
or vary any instrument is a Part 2 act, a Part 3 act or a Part 4
act within the meaning of the Native Title (State Provisions)
Act 1999 that exercise is subject to section 2.6, 3.5 or 4.3, as
the case may be, of that Act.
”.
51. Section 11
amended
After section 11(1) the following subsection is
inserted —
“
(1a) If any act to be done under subsection (1) is a Part 2 act,
a Part 3 act or a Part 4 act within the meaning of the Native Title
(State Provisions) Act 1999, the operation of that subsection is
subject to section 2.6, 3.5 or 4.3, as the case may be, of that
Act.
”.
Immediately before section 29 the following section is
inserted —
“
28B. This Division subject to Native Title (State
Provisions) Act 1999
The operation of this Division is subject to section 2.6, 3.5 or
4.3, as the case may be, of the Native Title (State Provisions)
Act 1999 where the grant, renewal or extension of an exploration permit
or a drilling reservation is a Part 2 act, a Part 3 act or a
Part 4 act within the meaning of that Act.
”.
Immediately before section 48A the following section is
inserted —
“
48AA. This Division subject to Native Title (State Provisions)
Act 1999
The operation of this Division is subject to section 2.6, 3.5 or
4.3, as the case may be, of the Native Title (State Provisions)
Act 1999 where the grant or renewal of a retention lease is a
Part 2 act, a Part 3 act or a Part 4 act within the meaning of
that Act.
”.
Immediately before section 49 the following section is
inserted —
“
48L. This Division subject to Native Title (State Provisions)
Act 1999
Where the grant or renewal of a production licence is a Part 2 act,
a Part 3 act or a Part 4 act within the meaning of the Native Title
(State Provisions) Act 1999, the operation of the provisions of this
Division relating to that grant or renewal is subject to section 2.6, 3.5
or 4.3, as the case may be, of that Act.
”.
55. Section 105
amended
After section 105(3) the following subsection is
inserted —
“
(3a) Where the grant of a special prospecting authority under
subsection (3) is a Part 2 act, a Part 3 act or a Part 4 act
within the meaning of the Native Title (State Provisions) Act 1999,
the operation of that subsection is subject to section 2.6, 3.5 or 4.3, as
the case may be, of that Act.
”.
56. Section 106
amended
After section 106(3) the following subsection is
inserted —
“
(3a) Where the grant of an access authority under subsection (3) is a
Part 2 act, a Part 3 act or a Part 4 act within the meaning of
the Native Title (State Provisions) Act 1999, the operation of that
subsection is subject to section 2.6, 3.5 or 4.3, as the case may be, of
that Act.
”.
57. Section 116
amended
After section 116(1) the following subsection is
inserted —
“
(1a) Where the giving of a consent under subsection (1) is a
Part 2 act, a Part 3 act or Part 4 act within the meaning of the
Native Title (State Provisions) Act 1999, the operation of that
subsection is subject to section 2.6, 3.5 or 4.3, as the case may be, of
that Act.
”.
22 On the date as at which this compilation was prepared, the
Petroleum and Energy Legislation Amendment Act 2010 s. 51, 57,
58(b) (to the extent that it inserts s. 153(2)(lc)), 61 (to the extent that
it inserts Sch. 2 cl. 3) had not come into operation. They read as
follows:
Part 2 — Petroleum
and Geothermal Energy Resources Act 1967 amended
51. Section 112
deleted
Delete section 112.
Before Part IV insert:
Part
IVA — Release of
information
In this Part, unless the contrary intention appears —
applicable document means —
(a) an application made after the commencement to the Minister under this
Act; or
(b) a document accompanying an application so made; or
(c) a report, return or other document relating to a block given after the
commencement to the Minister under —
(i) this Act; or
(ii) regulations made for the purposes of section 116A;
commencement means the commencement of the Petroleum and
Energy Legislation Amendment Act 2010 section 57;
documentary information means information contained in an
applicable document;
Minister of another jurisdiction means a Minister of the
Commonwealth, a Minister of another State or a Minister of the Northern
Territory;
mining sample means —
(a) a core or cutting from, or a sample of, the seabed or subsoil; or
(b) a sample of petroleum recovered; or
(c) a sample of fluid recovered (other than fluid petroleum),
that has been given at any time, whether before or after the commencement,
to the Minister, and includes a portion of such a core, cutting or
sample.
Division 2 — Protection
of confidentiality of information and samples
Subdivision 1 — Information
and samples obtained by the Minister
150B. Protection
of confidentiality of information obtained by the Minister
(1) This section restricts what the Minister may do with documentary
information.
(2) The Minister shall not —
(a) make the information publicly known; or
(b) make the information available to a person (other than another
Minister or a Minister of another jurisdiction),
unless the Minister does so —
(c) in accordance with regulations made for the purposes of this
paragraph; or
(d) for the purposes of the administration of this Act.
150C. Protection
of confidentiality of samples obtained by the Minister
(1) This section restricts what the Minister may do with a mining
sample.
(2) The Minister shall not —
(a) make publicly known any details of the sample; or
(b) permit a person (other than another Minister or a Minister of another
jurisdiction) to inspect the sample,
unless the Minister does so —
(c) in accordance with regulations made for the purposes of this
paragraph; or
(d) for the purposes of the administration of this Act.
150D. Information
or samples obtained by Minister can be made available to certain
persons
The Minister may make documentary information or a mining sample
available to another Minister or a Minister of another jurisdiction.
Subdivision 2 — Information
and samples obtained by another Minister
150E. Protection
of confidentiality of information obtained by another Minister
(1) This section restricts what a Minister may do with documentary
information made available to that Minister under section 150D
or 150G.
(2) The Minister shall not —
(a) make the information publicly known; or
(b) make the information available to a person (other than another
Minister or a Minister of another jurisdiction),
unless the Minister does so —
(c) in accordance with regulations made for the purposes of this
paragraph; or
(d) for the purposes of the administration of this Act.
150F. Protection
of confidentiality of samples obtained by another Minister
(1) This section restricts what a Minister may do with a mining sample
made available to that Minister under section 150D or 150G.
(2) The Minister shall not —
(a) make publicly known any details of the sample; or
(b) permit a person (other than another Minister or a Minister of another
jurisdiction) to inspect the sample,
unless the Minister does so —
(c) in accordance with regulations made for the purposes of this
paragraph; or
(d) for the purposes of the administration of this Act.
150G. Information
or samples obtained by another Minister can be made available to certain
persons
A Minister to whom documentary information or a mining sample is made
available under section 150D or this section may make the information or
sample available to another Minister or a Minister of another
jurisdiction.
(1) This section applies to regulations made for the purposes of any of
the following —
(a) section 150B(2)(c);
(b) section 150C(2)(c);
(c) section 150E(2)(c);
(d) section 150F(2)(c).
(2) The regulations may make provision for fees relating to —
(a) making information available to a person; or
(b) permitting a person to inspect a sample.
58. Section 153
amended
(b) after paragraph (k) insert:
(lc) the responsibilities of a permittee, holder of a drilling
reservation, lessee, licensee or holder of a special prospecting authority or
access authority as to authorising, or obtaining authorisation for, the release
of documentary information as defined in section 150A;
At the end of the Act insert:
Schedule 2 — Further
transitional provisions
[s. 154]
Division 1 — Provisions
for Petroleum and Energy Legislation Amendment
Act 2010
3. Section 112
(release of information)
(1) This clause has effect despite the deletion of section 112 by
section 51 of the amending Act.
(2) Section 112 as in force immediately before it was deleted
continues to apply in respect of information given to the Minister before the
commencement of section 51 of the amending Act.
(3) Regulation 3 as in force immediately before the deletion of
section 112 —
(a) continues in force for the purposes of that section as it continues to
apply under subclause (1); and
(b) also separately continues in force on and after the commencement of
section 57 of the amending Act as if it had been made for the purposes of
Part IVB.
(4) Regulation 3 as continued in force under subclause (3)(a) or
(b) may, for the purposes of its application under subclause (3)(a) or (b),
be amended or deleted by regulations.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
access
authority 5(1)
access authority area 7A(2)
accident Sch. 1 cl. 3
actual
supplier Sch. 1 cl. 11(2)(b)
affected area 6A(3)(a)
affected
lessee 24(1)
amending Act 154(3), Sch. 2 cl. 1
application for a primary
licence 5(1)
application for a secondary
licence 5(1)
approved 5(1)
approved development plan 5(1)
area to which
the surrender relates 98(5)
Australian Standard 126A(4)
Australian/New
Zealand Standard 126A(4)
authorisation 24A(3)
Barrow Island lease 5(1),
128
block 5(1)
CEO 126A(4)
charge 75(15)
commencement
day 42A(1)(a)
commencing day 128
compensable lessee
21(1)
construct 5(1)
construction 5(1)
contract Sch. 1 cl.
3
contractor Sch. 1 cl. 3
court 126(2)
Crown land 5(1)
dangerous
occurrence Sch. 1 cl. 3
dealing 69(10)
debenture 75(15)
designated work
group Sch. 1 cl. 3
document 5(1)
drilling reservation 5(1)
drilling
reservation application 43DA(1)
employee Sch. 1 cl. 3
employer Sch. 1 cl.
3
equipment supplier Sch. 1 cl. 13(1)(c)
explore for 29(3)
facility
5(1)
federal duty 144A(3)
former area 133(2)(a)
former
provisions 128
Gazettal day 154(1)
geothermal access
authority 5(1)
geothermal drilling reservation 5(1)
geothermal
energy 5(1)
geothermal energy operation 5(1)
geothermal energy
resources 5(1)
geothermal exploration permit 5(1)
geothermal lease
area 5(1)
geothermal lessee 5(1)
geothermal licensee 5(1)
geothermal
permit area 5(1)
geothermal permittee 5(1)
geothermal production
licence 5(1)
geothermal resources area 5(1)
geothermal retention
lease 5(1)
geothermal special prospecting authority 5(1)
geothermal
title 69A(1), 106(13)
good oil-field practice 5(1)
graticular
section 5(1)
group member Sch. 1 cl. 3
holder 91B(1)
holder of a
drilling reservation 5(1)
improvement notice Sch. 1 cl. 3
inshore
area 6A(1)
inspection Sch. 1 cl. 3
inspector 5(1)
lease 5(1)
lease
area 5(1)
lessee 5(1), 128
licence 5(1)
licence
area 5(1)
licensee 5(1)
listed OSH law 5(1)
location 5(1)
marine
reserve 28A(3)
member of the workforce Sch. 1 cl. 3
native title
holders 24A(3)
oil shale 5(1)
operations area 92(1)
operations to which
this Division applies 128
operative day 154(5)
operator 5(1),
92(1)
operator’s representative Sch. 1 cl. 3 and 4(1)
original
licence 61(1)
original permit 37A(1)
ostensible supplier Sch. 1 cl.
11(2)
other protected person 5(1)
own Sch. 1 cl. 3
partly
cancelled 5(1)
partly determined 5(1)
permit 5(1)
permit
application 32(1A)
permit
area 5(1)
permittee 5(1)
petroleum 5(1)
petroleum access
authority 5(1)
petroleum drilling reservation 5(1)
petroleum exploration
permit 5(1)
petroleum lease area 5(1)
petroleum lessee 5(1)
petroleum
licensee 5(1)
petroleum operation 5(1)
petroleum permit
area 5(1)
petroleum permittee 5(1)
petroleum pool 5(1)
petroleum
production licence 5(1)
petroleum retention lease 5(1)
petroleum special
prospecting authority 5(1)
petroleum title 69A(1), 106(13)
plant Sch. 1
cl. 3
premises Sch. 1 cl. 3
prescribed instrument 128
prescribed
occupational safety and health laws 7AA(2)
primary
entitlement 5(1)
primary licence 5(1)
private land 5(1)
prohibition
notice Sch. 1 cl. 3
recovery 5(1)
Register 5(1)
registered
holder 5(1)
registered organisation Sch. 1 cl. 3
regulated business
premises Sch. 1 cl. 3
regulation 3 Sch. 2 cl. 1
regulations 5(1),
Sch. 1 cl. 3
relevant person Sch. 1 cl. 6
relinquished area 5(1)
reservoir 16(2)(a)
responsible person Sch. 1
cl. 36(2) and 60(1)
reviewing authority Sch. 1 cl. 21(5) and
64(10)
royalty period 5(1)
royalty value 5(1)
safety
zone 112A(1)
secondary licence 5(1)
special prospecting
authority 5(1)
State 26
structure 5(1)
supervisor Sch. 1 cl.
42(1)(a)
this Schedule Sch. 1 cl. 81(4)
tight gas 52(4A)
title 69J,
127A(5)
transitional matter 154(1)
transitional
regulations 154(1)
Tribunal Sch. 1 cl. 3
unit development 69(1)
unused
area 48CA(1)(b) and (2)(b)
variation
agreement 128
vessel 5(1)
water 113(2)
well 5(1)
wholly
cancelled 5(1)
wholly determined 5(1)
work Sch. 1 cl. 3
work group
employer Sch. 1 cl. 3
workforce representative Sch. 1 cl. 3
workplace Sch.
1 cl. 3