Western Australian Consolidated Acts Western Australian Consolidated Acts (1) 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,
being a pool 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 recovered through
that well shall be deemed to have been recovered in that adjoining licence
area under the licence in respect of that area.
(2) Where a petroleum
pool is partly in one licence area and partly in an adjoining licence area of
the same licensee and petroleum is recovered from that pool 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 so recovered as may reasonably be
treated as being derived from that area, having regard to the nature and
probable extent of the pool, and the respective proportions shall be
determined in accordance with subsection (3).
(3) The proportions to
be determined for the purposes of subsection (2) 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.
(4) Where a petroleum
pool is partly in a licence area and partly in an area (in this subsection
referred to as the Commonwealth licence area ) in which the licensee has
authority under the Commonwealth Act to explore for, or recover, petroleum,
and petroleum is recovered from that pool through a well or wells in the
licence area, the Commonwealth licence area or both, there shall be deemed to
have been recovered in the licence area such proportion of all petroleum so
recovered as may reasonably be treated as being derived from that area, having
regard to the nature and probable extent of the pool, and that proportion
shall be determined in accordance with subsection (5).
(5) The proportion to
be determined for the purposes of subsection (4) may be determined by
agreement between the licensee, the Joint Authority and the Minister or, in
the absence of agreement, may be determined by the Supreme Court on the
application of the licensee, the Joint Authority or the Minister.
(6) Where a petroleum
pool is partly in a licence area and partly in an area (in this subsection
called the other licence area ) in which the licensee has authority, under a
corresponding law, to explore for or recover petroleum, and petroleum is
recovered from that pool through a well or wells in the licence area, the
other licence area or both, there shall be deemed to have been recovered in
the licence area such proportion of all petroleum so recovered as may
reasonably be treated as being derived from that area, having regard to the
nature and probable extent of the pool, and that proportion shall be
determined in accordance with subsection (7).
(7) The proportion to
be determined for the purposes of subsection (6) may be determined by
agreement between the licensee, the Minister and the Minister administering
the corresponding law or, in the absence of agreement, may be determined by
the Supreme Court on the application of any of those persons.
(8) Where —
(a) a
petroleum pool is partly in a licence area and partly in another area, being
an area which is outside the adjacent area and in which the licensee has,
under the Commonwealth Act or a corresponding law, authority to explore for,
or recover, petroleum; and
(b)
petroleum is recovered from that pool; and
(c) the
Supreme Court of another State or of the Northern Territory makes a
determination, under the Commonwealth Act or a corresponding law, of the
proportion of the petroleum recovered from that pool that is, for the purposes
of the Commonwealth Act or the corresponding law, to be deemed to have been
recovered from the other area,
the Supreme Court
shall not make a determination under this section that is inconsistent with
the determination of the Supreme Court of the other State or of the Northern
Territory.
(9) Where —
(a) a
petroleum pool is partly in a licence area and partly in another area, whether
in the adjacent area or not, in respect of which another person has authority,
whether under this Act, the Commonwealth Act or a corresponding law, to
explore for or recover petroleum; and
(b) a
unit development agreement in accordance with section 59 is in force
between the licensee and that other person; and
(c)
petroleum is recovered from that pool 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 so
recovered as is specified in, or determined in accordance with, the agreement.
(10) In this section 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.
[Section 9 amended by No. 12 of 1990
s. 163.]