Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The provisions of
this section have effect for the purposes of this Act (including any Act with
which this Act is incorporated) and of licences (whether granted before or
after the commencement of this section).
(2) Where a well-head
is situated in a licence area or in an area in respect of which an access
authority is in force (in this subsection called an access authority area )
and the well from that well-head is inclined so as to enter a petroleum pool
or geothermal resources area, being a pool or area that does not extend to
that licence area or access authority area, at a place within an adjoining
licence area of the same licensee or registered holder of the access
authority, any petroleum or geothermal energy recovered through that well
shall be deemed to have been recovered in that adjoining licence area under
the licence in respect of that area.
(3) Where a petroleum
pool or geothermal resources area is partly in one licence area and partly in
an adjoining licence area of the same licensee and petroleum or geothermal
energy is recovered from that pool or geothermal resources area through a well
or wells in one or both of the licence areas, there shall be deemed to have
been recovered in each of the licence areas, under the licence in respect of
that area, such proportion of all petroleum or geothermal energy so recovered
as may reasonably be treated as being derived from that area, having regard to
the nature and probable extent of the pool or geothermal resources area, and
the respective proportions shall be determined in accordance with
subsection (4).
(4) The proportions to
be determined for the purposes of subsection (3) may be determined by
agreement between the licensee and the Minister or, in the absence of
agreement, may be determined by the Supreme Court on the application of the
licensee or the Minister.
(5) Where a petroleum
pool or geothermal resources area is partly in a licence area and partly in
another area in which the licensee has authority under another written law or
a law of another State to explore for, or recover, petroleum, or to explore
for geothermal energy resources or recover geothermal energy, and petroleum or
geothermal energy is recovered from that pool or geothermal resources area
through a well or wells in the licence area, the other area or both, there
shall be deemed to have been recovered in the licence area such proportion of
all petroleum or geothermal energy so recovered as may reasonably be treated
as being derived from the licence area, having regard to the nature and
probable extent of the pool or geothermal resources area, and that proportion
shall be determined in accordance with subsection (6).
(6) The proportion to
be determined for the purposes of subsection (5) may be
determined —
(a) in
the case of a licensee having authority under another written law, by
agreement between —
(i)
that licensee; and
(ii)
the Minister; and
(iii)
if the other written law is administered by a Minister of
the Crown other than the Minister, that Minister of the Crown,
or, in the absence of
agreement, may be determined by the Supreme Court on the application of that
licensee, the Minister, or the Minister of the Crown (if any) referred to in
subparagraph (iii); or
(b) in
the case of a licensee having authority under a law of another State, by
agreement between —
(i)
that licensee; and
(ii)
the Minister; and
(iii)
the State Minister administering the law of the other
State,
or, in the absence of
agreement, may be determined by the Supreme Court on the application of that
licensee, the Minister or the State Minister referred to in
subparagraph (iii).
(7) Where —
(a) a
petroleum pool or geothermal resources area is partly in a licence area and
partly in another area, whether in the State or not, in respect of which
another person has authority, whether under this Act or another written law or
under the law of another State, to explore for or recover petroleum, or to
explore for geothermal energy resources or recover geothermal energy; and
(b) a
unit development agreement in accordance with section 69 is in force
between the licensee and that other person; and
(c)
petroleum or geothermal energy is recovered from that pool or geothermal
resources area through a well or wells in the licence area, the other area or
both,
there shall be deemed
to have been recovered in the licence area such proportion of all petroleum or
geothermal energy so recovered as is specified in, or determined in accordance
with, the agreement referred to in paragraph (b).
(8) In this
section —
(a) a
reference to a licence, a licensee or a licence area shall be read as
including a reference to a permit and a lease, a permittee and a lessee or a
permit area and a lease area; and
(b) a
reference to a State shall be read as including a reference to the Northern
Territory; and
(c) a
reference to the Supreme Court of a State shall be read as a reference to the
Supreme Court of the State, or of one of the States, in which the petroleum
pool or geothermal resources area is wholly or partly situated.
[Section 7A inserted by No. 12 of 1990
s. 7; amended by No. 35 of 2007 s. 8.]