Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section,
title means a permit, lease, licence, infrastructure licence, pipeline licence
or access authority.
(2) Subject to this
section, there is payable to the Minister in respect of an entry in the
register of a memorandum of the transfer of a title under section 78 of
the Petroleum (Submerged Lands) Act 1982 a fee at the rate of 1.5%
of —
(a) the
value of the consideration for the transfer; or
(b) the
value of the title transferred,
whichever is the
greater or, if the amount of that fee is less than the prescribed amount, a
fee of the prescribed amount.
(3) Where —
(a) a
fee imposed by this Act, as in force at any time, in respect of an entry of
approval of an instrument or dealing, being a dealing or instrument pursuant
to which the transfer of a title is agreed to, has been paid; and
(b) but
for this subsection, the amount of the fee imposed by subsection (2) in
respect of the entry of a memorandum of the transfer of the title, being a
transfer executed for the purpose of giving effect to the dealing or
instrument referred to in paragraph (a), would be greater than the
prescribed amount,
the amount of the fee
imposed by subsection (2) in respect of the entry of the memorandum of
the transfer is the prescribed amount.
(4) Where —
(a) the
parties to a transfer of a title lodged for approval under section 78 of
the Petroleum (Submerged Lands) Act 1982 satisfy the Minister
that —
(i)
they are related bodies corporate within the meaning of
the Corporations Act 2001 of the Commonwealth; and
(ii)
the transfer was executed solely for the purpose of a
reorganization of the corporations concerned or any of them or solely for the
purpose of securing the better administration of the corporations concerned or
any of them; and
(iii)
the transfer was not executed substantially for the
purpose of avoiding or reducing the registration fees that would, but for this
subsection, be payable under subsection (2) in respect of the entry of a
memorandum of the transfer;
and
(b) but
for this subsection, the amount of the fee imposed by subsection (2) in
respect of the entry of the memorandum of the transfer of the title would be
more than the prescribed amount,
the amount of the fee
imposed by subsection (2) in respect of the entry of the memorandum of
the transfer is the prescribed amount.
(5) Subject to this
section, there is payable to the Minister in respect of an entry in the
register of the approval of a dealing under section 81 of the Petroleum
(Submerged Lands) Act 1982 a fee at the rate of 1.5% of —
(a) the
value of the consideration for the dealing or, if the Minister approves the
dealing in relation to another title or titles, an amount equal to the value
of the consideration for the dealing divided by the number of titles in
relation to which the dealing is approved; or
(b) in a
case where —
(i)
the value of the interest in a title is greater than the
amount applicable under paragraph (a); and
(ii)
the dealing has an effect of the kind referred
to in section 81(1)(a), (b) or (d) of the Petroleum (Submerged
Lands) Act 1982 ; and
(iii)
the Minister is satisfied that the dealing was not made
pursuant to another dealing or an instrument, being a dealing or instrument
that relates to that title and in respect of an entry of approval of which a
fee has been paid under this Act, as in force at any time,
the value of the
interest.
(6) Where —
(a) but
for this subsection, the amount of the fee imposed by subsection (5) in
relation to an entry of approval of a dealing would be less than the
prescribed amount; or
(b) an
approval under section 81 of the Petroleum (Submerged Lands)
Act 1982 is given in respect of a dealing that is a dealing to which that
section of that Act applies by reason only that the dealing creates, varies or
terminates a charge over some or all of the assets of a body corporate,
the amount of the fee
imposed by subsection (5) in respect of the entry of that approval is the
prescribed amount.
(7) Where —
(a) the
parties to a dealing lodged for approval under section 81 of the
Petroleum (Submerged Lands) Act 1982 satisfy the Minister
that —
(i)
they are related bodies corporate within the meaning of
the Corporations Act 2001 of the Commonwealth; and
(ii)
the dealing was entered into solely for the purpose of a
reorganization of the corporations concerned or any of them or solely for the
purpose of securing the better administration of the corporations concerned or
any of them; and
(iii)
the dealing was not entered into substantially for the
purpose of avoiding or reducing the registration fees that would, but for this
subsection, be payable under subsection (5) in respect of the entry of
approval of the dealing;
and
(b) but
for this subsection, the amount of the fee imposed by subsection (5) in
relation to the entry of approval of the dealing would be more than the
prescribed amount,
the amount of the fee
imposed by subsection (5) in respect of the entry of approval of that
dealing is the prescribed amount.
(8) For the purposes
of calculating the amount of the fee imposed by subsection (5) in respect
of an entry of approval of a dealing, the value, as determined by the
Minister, of any exploration works to be carried out pursuant to the dealing,
being works that were, at the time when the application for approval of the
dealing was lodged, required or permitted to be carried out by or under the
relevant title, shall be deducted from the value of the consideration for the
dealing or from the value of the interest in the relevant licence, as the case
requires.
[Section 4 inserted by No. 13 of 1990
s. 4; amended by No. 20 of 2003 s. 39; No. 42 of 2010
s. 185.]