Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section,
the expression unit development —
(a)
applies in relation to a petroleum pool that is partly in a particular licence
area of a licensee and partly in a licence area of another licensee or in an
area that is not within the adjacent area but in which a person other than the
first-mentioned licensee is lawfully entitled to carry on operations for the
recovery of petroleum from the pool; and
(b)
means the carrying on of operations for the recovery of petroleum from that
pool under cooperative arrangements between the persons entitled to carry on
such operations in each of those areas.
(2) A licensee may
from time to time enter into an agreement in writing for or in relation to the
unit development of a petroleum pool, but nothing in this subsection derogates
from the operation of section 81(2).
(3) The Minister of
his own motion or on application made to him in writing by —
(a) a
licensee in whose licence area there is a part of a particular petroleum pool;
or
(b) a
person who is lawfully entitled to carry on operations for the recovery of
petroleum in an area outside the adjacent area that includes part of a
particular petroleum pool that extends into the adjacent area,
may, for the purpose
of securing the more effective recovery of petroleum, from the petroleum pool,
direct any licensee whose licence area includes part of the petroleum pool, by
instrument in writing served on the licensee, to enter into an agreement in
writing, within the period specified in the instrument, for or in relation to
the unit development of the petroleum pool and to lodge an application in
accordance with section 81 for approval of any dealing to which the
agreement relates.
(4) Where —
(a) a
licensee who is directed, under subsection (3), to enter into an
agreement for or in relation to the unit development of a petroleum pool does
not enter into such an agreement within the specified period; or
(b) a
licensee enters into such an agreement but an application for approval of a
dealing to which the agreement relates is not lodged with the Minister or, if
an application is so lodged, the dealing is not approved under
section 81,
the Minister may, by
instrument in writing served on the licensee, direct the licensee to submit to
him, within the period specified in the instrument, a scheme for or in
relation to the unit development of the petroleum pool.
(5) At any time after
the expiration of the period within which a scheme for or in relation to the
unit development of a petroleum pool is to be submitted by a licensee under
subsection (4), the Minister may, by instrument in writing served on the
licensee, give to the licensee such directions as the Minister thinks
necessary for the purpose of securing the more effective recovery of petroleum
from the petroleum pool.
(6) Where a person is
the licensee in respect of 2 or more licence areas in each of which there is
part of a particular petroleum pool, the Minister may, by instrument in
writing served on the licensee, give to the licensee such directions as the
Minister thinks necessary for the purpose of securing the more effective
recovery of petroleum from the petroleum pool.
(7) Where an agreement
under this section is in force or the Minister has given directions under
subsection (5) or (6), the Minister may, having regard to additional
information that has become available, by instrument in writing served on the
licensee or licensees concerned, give to the licensee or licensees such
directions, or further directions, as the case may be, as he thinks necessary
for the purpose of securing the more effective recovery of petroleum from the
petroleum pool.
(8) The Minister shall
not give a direction under subsection (6) or (7) unless he has given to
the licensee or licensees concerned an opportunity to confer with him
concerning the proposed direction.
(9) Directions under
subsection (5), (6) or (7) may include directions as to the rate at which
petroleum is to be recovered.
(10) In this section,
dealing means a dealing to which section 81 applies.
(11) The Minister
shall —
(a) if a
petroleum pool extends, or is reasonably believed by him to extend, from the
adjacent area into lands to which the laws of another State or the Northern
Territory relating to the exploitation of petroleum resources apply, consult
with the appropriate authority of that State or the Northern Territory
concerning the exploitation of the petroleum pool; or
(b) if a
petroleum pool extends, or is reasonably believed by him to extend, from the
adjacent area into the offshore area of a State (other than Western Australia)
within the meaning of the Commonwealth Act, or the offshore area of the
Northern Territory, within the meaning of that Act, consult with the
Designated Authority under the Commonwealth Act in respect of that State or
the Northern Territory concerning the exploitation of the petroleum pool; or
(c) if
both paragraph (a) and paragraph (b) apply, comply with both of
those paragraphs.
(12) Where
subsection (11) applies in relation to a petroleum pool, the Minister
shall not approve an agreement under this section, or give a direction under
this section, in relation to that petroleum pool except with the approval of
any other authority or Designated Authority required by that subsection to be
consulted.
[Section 59 amended by No. 12 of 1990
s. 190; No. 42 of 2010 s. 111.]
[ 59A, 59B. Deleted by No. 42 of 2010
s. 113.]
[Heading inserted by No. 42 of 2010
s. 112.]