PETROLEUM (SUBMERGED LANDS) ACT 1982

Western Australian Consolidated Acts

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PETROLEUM (SUBMERGED LANDS) ACT 1982

TABLE OF PROVISIONS

Long Title
Preamble

PART I -- Preliminary

1. Short title
2. Commencement
3. Petroleum (Submerged Lands) Act 1967 repealed
4. Terms used
5. Further provisions as to adjacent area
6A. Effect of alteration of adjacent area
6B. Infrastructure facilities
6. Meaning of certain references in Act
7. Space above and below adjacent area
8. Application of Act
9. Petroleum pool extending into 2 licence areas
10. Position on Earth’s surface

PART II -- Administration of the offshore area

11. Terms used
12. Minister as member of Joint Authority
13. Minister as Designated Authority
14. Delegations under Commonwealth Act
15. Officers performing functions under Commonwealth Act

PART IIA -- Application of laws

15A. Disapplication of State occupational safety and health laws

PART III -- Mining for petroleum

Division 1 -- Preliminary

16. Delegation
17. Graticulation of Earth’s surface
18. Reservation of blocks
18A. Issue of permits etc. in marine reserves

Division 2 -- Exploration permits for petroleum

19. Exploration for petroleum
20. Advertisement of blocks
21. Application for permits
22A. Competing applications for same block
22. Grant or refusal of permit in relation to application
23A. Withdrawal of application
23B. Application continued after withdrawal of joint applicant
23C. Effect of withdrawal or lapse of application
23. Application for permit in respect of surrendered etc. blocks
24. Application fee etc.
25. Consideration of applications
26. Request by applicant for grant of permit in respect of advertised blocks
27. Grant of permit on request
28. Rights conferred by permit
29. Term of permit
30. Application for renewal of permit
31. Application for renewal of permit to be in respect of reduced area
32A. Certain permits cannot be renewed more than twice
32. Grant or refusal of renewal of permit
33. Conditions of permit
34. Discovery of petroleum to be notified
36. Nomination of blocks as location
37. Declaration of location
38. Immediately adjoining blocks

Division 2A -- Retention leases for petroleum

38A. Application by permittee for lease
38B. Grant or refusal of lease in relation to application
38BA. Application of s. 38A and 38B where permit is transferred
38CA. Application by licensee for lease
38CB. Grant or refusal of lease in relation to application by licensee
38CC. Application of s. 38CA and 38CB if licence is transferred
38C. Rights conferred by lease
38D. Term of lease
38E. Notice of intention to cancel lease
38F. Application for renewal of lease
38G. Grant or refusal of renewal of lease
38H. Conditions of lease
38J. Discovery of petroleum to be notified

Division 3 -- Production licences for petroleum

39. Recovery of petroleum in adjacent area
40. Application by permittee for licence
40A. Application for licence by holder of lease
41. Application for licence
42. Determination of rate of royalty
43. Notification as to grant of licence
44. Grant of licence
44A. Application of s. 41 to 44 where permit etc. transferred
45. Variation of licence area
46. Determination of permit as to block not taken up by licensee
47. Application for licence in respect of surrendered etc. blocks
48. Application fee etc.
49. Request by applicant for grant of licence
50. Grant of licence on request
51. Grant of licences in respect of individual blocks
52. Rights conferred by licence
53. Term of licence
54A. Termination of licence if no operations for 5 years
54. Application for renewal of licence
55. Grant or refusal of renewal of licence
56. Conditions of licence
58. Directions as to recovery of petroleum
59. Unit development

Division 4A -- Infrastructure licences

60A. Construction etc. of infrastructure facilities
60B. Application for infrastructure licence
60C. Notification as to grant of infrastructure licence
60D. Notices to be given by Minister
60E. Grant of infrastructure licence
60F. Rights conferred by infrastructure licence
60G. Term of infrastructure licence
60H. Termination of infrastructure licence if no operations for 5 years
60I. Conditions of infrastructure licence
60J. Variation of infrastructure licence

Division 4 -- Pipeline licences

60K. Term used: adjacent area
60. Construction etc. of pipeline etc.
61. Acts done in an emergency etc.
62. Removal of pipeline etc. constructed in contravention of Act
63. Terminal station
64. Applications for pipeline licence
65. Grant or refusal of pipeline licence
66. Rights conferred by pipeline licence
67. Term of pipeline licence
68. Termination of pipeline licence if no operations for 5 years
70. Conditions of pipeline licence
71. Variation of pipeline licence on application by pipeline licensee
72. Variation of pipeline licence by Minister
73. Common carrier
74. Ceasing to operate pipeline

Division 5 -- Registration of instruments

74J. Term used: title
75. Register of certain instruments to be kept
76. Particulars to be entered in register
77. Memorials to be entered of permits etc. determined etc.
78. Approval and registration of transfers
79. Entries in register on devolution of title
81. Approval of dealings creating etc. interests etc. in existing titles
81A. Approval of dealings in future interests etc.
82. True consideration to be shown
83. Minister not concerned with certain matters
84. Power of Minister to require information as to proposed dealings
85. Production and inspection of documents
86. Inspection of register and documents
87. Evidentiary provisions
87A. Minister may make corrections to register
88. Application to State Administrative Tribunal for order
90. Offences
91. Assessment of registration fee
92. Review of Minister’s determination
93. Exemption from duty

Division 6 -- General

94. Notice of grants of permits etc. to be published
95. Date of effect of permits etc.
96. Commencement of works
97. Work practices
97A. Conditions relating to insurance
98. Maintenance etc. of property
99. Sections 97, 97A and 98 to have effect subject to this Act etc.
101. Directions
102. Compliance with directions
103. Exemption from conditions
104. Surrender of permits etc.
105. Cancellation of permits etc.
106. Cancellation of permit etc. not affected by other provisions
107. Removal of property etc. by permittee etc.
108. Removal of property etc. by Minister
111. Special prospecting authorities
112. Access authorities
113. Sale of property
115. Minister etc. may require information to be furnished etc.
116. Power to examine on oath
117. Failing to furnish information etc.
118. Release of information
119. Safety zones
120. Discovery of water
122. Records etc. to be kept
123A. Data management: regulations
123. Scientific investigation
124. Interference with other rights
124A. Liability for payment of compensation to native title holders
124B. Interfering with offshore petroleum installation or operation
125. Inspectors
126. Powers of inspectors
126A. Protection from liability for wrongdoing
127. Property in petroleum
128. Suspension of rights conferred by permit
129. Certain payments to be made by State to Commonwealth
130. Determination to be disregarded in certain cases
131. Continuing offences
132. Persons concerned in commission of offences
133. Crimes and other offences
134. Orders for forfeiture in respect of certain offences
135. Disposal of goods
136. Time for bringing proceedings for offences
137. Judicial notice
137A. Evidentiary matters
138. Service
138A. Service of documents on 2 or more permittees etc.

Division 7 -- Fees and royalties

139. Permit fees
139A. Lease fees
140. Licence fees
141A. Infrastructure licence fees
141. Pipeline licence fees
142. Time of payment of fees
143. Royalty
144. Reduction of royalty in certain cases
145. Royalty not payable in certain cases
145A. Royalty value
146. Ascertainment of well-head
147. Ascertainment of value
148. Ascertainment of quantity of petroleum recovered
149. Payment of royalty
150. Penalty for late payment
151. Fees, royalties and penalties debts due to the State

PART IIIA -- Occupational safety and health

151B. Occupational safety and health (Sch. 5)
151D. Regulations relating to occupational safety and health
151E. Minister’s occupational safety and health functions

PART IV -- General

152I. Certain things are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
152. Regulations
153. Transitional provisions (Sch. 3)
SCHEDULE 2 -- Scheduled area for Western Australia
SCHEDULE 3 -- Transitional provisions
SCHEDULE 5 -- Occupational safety and health
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