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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Petroleum
(Submerged Lands) Legislation Amendment Bill
1999
No. ,
1999
(Industry, Science and
Resources)
A Bill for an Act to amend
petroleum (submerged lands) legislation, and for related purposes
ISBN: 0642 404658
Contents
A Bill for an Act to amend petroleum (submerged lands)
legislation, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Petroleum (Submerged Lands) Legislation
Amendment Act 1999.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Subject to subsection (3), items 34, 35, 43, 44, 60, 61, 62, 64, 65,
74, 103 and 145 of Schedule 1 commence on a day to be fixed by
Proclamation.
(3) If the items mentioned in subsection (2) do not commence under that
subsection within the period of 6 months beginning on the day on which this Act
receives the Royal Assent, those items commence on the first day after the end
of that period.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Subsection 5(1)
Insert:
facility includes a structure or installation of any
kind.
2 Subsection 5(1)
Insert:
good processing and transport practices means all those
things that are generally accepted as good and safe in the processing and
storage of petroleum and the preparation of petroleum for transport.
3 Subsection 5(1)
Insert:
infrastructure facilities means facilities for engaging in
any of the following activities:
(a) remote control of facilities used for the recovery of petroleum in a
licence area;
(b) processing petroleum recovered in any place, including:
(i) converting petroleum into another form by physical or chemical means
or both (for example, converting it into liquefied natural gas or methanol);
and
(ii) partial processing of petroleum (for example, by the removal of
water);
(c) storing petroleum before it is transported to another place;
(d) preparing petroleum (for example, by operations such as pumping or
compressing) for transport to another place;
(e) activities related to any of the above, other than activities of a
kind that can be engaged in under a permit, lease, licence or pipeline
licence;
being:
(f) facilities that are resting on the seabed; or
(g) facilities (including facilities that are floating) that are fixed or
connected to the seabed; or
(h) facilities that are attached or tethered to facilities referred to in
paragraph (f) or (g).
4 Subsection 5(1)
Insert:
infrastructure licence means an infrastructure licence under
Part III.
5 Subsection 5(1)
Insert:
infrastructure licence area, in relation to an infrastructure
licence, means the place in respect of which the infrastructure licence is in
force.
6 Subsection 5(1)
Insert:
infrastructure licensee means the registered holder of an
infrastructure licence.
7 Subsection 5(1) (definition of registered
holder)
Before “pipeline licence” (wherever occurring), insert
“infrastructure licence,”.
8 Subsection 5(1) (at the end of paragraphs (a),
(b), (c), (ca) and (d) of the definition of the relinquished
area)
Add “and”.
9 Subsection 5(1) (after paragraph (ca) of the
definition of the relinquished area)
Insert:
(cb) in relation to an infrastructure licence that has been surrendered,
cancelled or terminated—the place that constituted the infrastructure
licence area; and
10 Subsection 5(2)
Before “pipeline licence” (first and second occurring), insert
“infrastructure licence,”.
11 Subsection 5(2)
Omit “pipeline licence,” (third and fourth
occurring).
12 Subsection 5(3)
Before “or pipeline licence” (wherever occurring), insert
“, infrastructure licence”.
13 Subsection 5(6)
Repeal the subsection.
14 Subsection 5(8)
Before “pipeline licence”, insert “infrastructure
licence,”.
15 Section 5AAA
Repeal the section, substitute:
(1) If:
(a) a petroleum mining instrument has been granted on the basis that an
area is within the adjacent area in respect of a State or the Northern
Territory; and
(b) there is a change to the baseline of Australia’s territorial sea
or, because new data are obtained or existing data are reconsidered, the
location of the baseline is reassessed; and
(c) as a result of the change to, or reassessment of the location of, the
baseline, the area:
(i) ceases to be within the adjacent area in respect of the State or
Territory; and
(ii) falls within the coastal waters of the State or Territory;
this Act applies in relation to the petroleum mining instrument as if the
first-mentioned area were still within the adjacent area in respect of the State
or Territory.
(2) Subsection (1) continues to apply to the area only while the petroleum
mining instrument remains in force.
(3) If:
(a) a petroleum mining instrument has been granted by a State or the
Northern Territory on the basis that an area is within the coastal waters of the
State or Territory; and
(b) there is a change to the baseline of Australia’s territorial sea
or, because new data are obtained or existing data are reconsidered, the
location of the baseline is reassessed; and
(c) as a result of the change to, or reassessment of the location of, the
baseline, the area:
(i) ceases to be within the coastal waters of the State or Territory;
and
(ii) falls within the adjacent area in respect of the State or
Territory;
then, so far as the petroleum mining instrument is concerned, this Act does
not apply to the first-mentioned area.
(4) Subsection (3) continues to apply to the area only while the petroleum
mining instrument granted by the State or the Northern Territory remains in
force.
(5) In this section:
coastal waters, in relation to a State or the Northern
Territory, means so much of the area off the coast of the State or Territory
that is described in Schedule 2 as is constituted by:
(a) the first 3 nautical miles of the territorial sea from the baseline;
and
(b) any waters that are within the baseline and not within the limit of
the State or Territory.
petroleum mining instrument means a permit, lease, licence,
infrastructure licence or pipeline licence.
16 Subsection 18(1)
Omit “or licence”, substitute “, licence or
infrastructure licence”.
17 Section 18
Before “special prospecting authority” (wherever occurring),
insert “infrastructure licence,”.
18 Subsection 19(1)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 5 years.
19 Paragraph 21(1)(a)
Repeal the paragraph.
20 After section 21
Insert:
(1) This section applies if 2 or more applications have been made under
section 20 for the grant of a permit in respect of the same block or
blocks.
(2) The Joint Authority may grant the permit to whichever applicant, in
the Authority’s opinion, is most deserving of the grant of the permit
having regard to criteria made publicly available by the Authority.
(3) For the purposes of subsection (2), the Authority may rank the
applicants in the order in which they are deserving of the grant, the most
deserving applicant being ranked highest.
(4) The Joint Authority may exclude from the ranking any applicant that,
in the Authority’s opinion, is not deserving of the grant of the
permit.
(5) If the Joint Authority is of the opinion that, after considering the
information accompanying the applications, 2 or more of the applicants are
equally deserving of the grant of the permit, the Authority may, by written
notice served on each of those applicants, invite them to give to the Authority,
within a period stated in the notice, particulars of the applicant’s
proposals for additional work and expenditure in respect of the block or blocks
specified in the application, being particulars that the Authority considers to
be relevant in determining which of the applicants is most deserving of the
grant of the permit.
(6) If any particulars are given by applicants to the Joint Authority in
accordance with the invitations contained in the notices served under subsection
(5), the Authority must have regard to the particulars in determining whichever
of the applicants is most deserving of the grant of the permit.
21 After section 22
Insert:
If:
(a) an application made under section 20 for the grant of a permit was a
joint application; and
(b) all of the joint applicants, by written notice served on the Joint
Authority, tell the Authority that one or more, but not all, of them, as
specified in the notice, withdraw from the application;
the following paragraphs have effect:
(c) the application continues in force as if it had been made by the
remaining applicant or applicants;
(d) if the Joint Authority had informed the joint applicants that it was
prepared to grant to the applicants a permit in respect of the block or blocks
to which the application relates—the Joint Authority is taken not to have
so informed the applicants.
The person who has made, or all the persons who have jointly made, an
application under section 20 for the grant of a permit may, by written notice
served on the Joint Authority, withdraw the application at any time before a
permit is granted in respect of the application.
If:
(a) 2 or more applications have been made under section 20 for the grant
of a permit in respect of the same block or blocks; and
(b) one or more, but not all, of the applications are withdrawn or have
lapsed;
the following paragraphs have effect:
(c) the withdrawn or lapsed application or applications are taken not to
have been made;
(d) if the Joint Authority had informed the applicant or one of the
applicants whose application had been withdrawn or had lapsed that it was
prepared to grant to that applicant a permit in respect of the block or
blocks—the Joint Authority is taken not to have so informed the applicant
concerned;
(e) if the applicant or one of the applicants whose application had been
withdrawn had requested the Joint Authority under subsection 22(3) to grant a
permit to the applicant concerned—the request is taken not to have been
made;
(f) if the Joint Authority had refused to grant a permit to the remaining
applicant or to any of the remaining applicants—the refusal or refusals
are taken not to have occurred.
22 Paragraph 23(4)(a)
Repeal the paragraph.
23 Paragraph 24(3)
Omit “, unless the Designated Authority otherwise
determines,”.
24 Subparagraph
25(5)(b)(ii)
Omit “or enter into an agreement under section 109 in respect of that
balance”.
25 Paragraph 26(1)(b)
Omit “or enter into an agreement under section 109 in respect of that
balance”.
26 Paragraph 26(2)(b)
Omit “or entered into an agreement under section 109 in respect of
that balance”.
27 Paragraph 27(b)
Omit “or has entered into an agreement under section 109 in respect
of that balance”.
28 At the end of section 29
Add:
Extension of permit in respect of block included in location when lease
or licence applied for
(2) If:
(a) a permit in respect of a block or blocks cannot be renewed or further
renewed; and
(b) before the time when the permit would, apart from this subsection,
expire, the permittee has duly made an application to the Designated Authority
for the grant by the Joint Authority of a lease or licence in respect of the
block, or one or more of the blocks, being a block or blocks that are included
in a location;
the permit continues in force in respect of the block or blocks to which
the application relates until:
(c) if the Joint Authority tells the permittee that it is prepared to
grant to the permittee a lease or licence in respect of the block or one or more
of the blocks—such a lease or licence is granted, the permittee withdraws
the application or the application lapses; or
(d) if the Joint Authority decides not to grant to the permittee such a
lease—the end of the period of one year after the day of the service under
subsection 38B(2) or (2A) of the instrument or notice refusing to grant the
lease; or
(e) if the Joint Authority decides not to grant to the permittee such a
licence—notice of the decision is served on the permittee.
29 Paragraph 30(2)(a)
Repeal the paragraph.
30 Subsection 31(1)
Omit “subsection (2A)”, substitute “subsections (2A),
(3), (4) and (5)”.
31 Subsections 31(3) to (6)
Repeal the subsections, substitute:
(3) An application cannot be made for the renewal of a permit in respect
of only one block.
(4) If a permit is in force in respect of 5 or 6 blocks, an application
may be made for the renewal of the permit in respect of 4 of those
blocks.
(5) If a permit is in force in respect of 2, 3 or 4 blocks, an application
may be made for the renewal of the permit in respect of all those
blocks.
(6) An application may not be made for the further renewal of a permit
that was renewed as a result of an application referred to in subsection
(5).
32 Saving
Despite the repeal by item 31 of subsection 31(5) of the Petroleum
(Submerged Lands) Act 1967 as in force at the time immediately before the
commencement of that item, that subsection as in force at that time continues to
apply in respect of the first application after the commencement of that item
for the renewal of a permit that was granted under that Act before that
commencement.
33 At the end of subsection
34(1)
Add:
Penalty: 100 penalty units.
34 Subsections 34(2) and (3) and the
penalty
Repeal the subsections and the penalty.
35 Section 35
Repeal the section.
36 At the end of section 37
Add:
(7) The Joint Authority may form an opinion for the purposes of this
section if it considers that there are reasonable grounds for forming the
opinion having regard to any information in its possession, whether provided by
the permittee or otherwise.
37 Paragraph 38A(2)(a)
Repeal the paragraph.
38 Subsection 38B(1)
Repeal the subsection, substitute:
(1) If:
(a) an application has been made under section 38A; and
(b) the applicant has furnished any further information as and when
required by the Designated Authority under subsection 38A(3); and
(c) the Joint Authority is satisfied that:
(i) the area comprised in the block, or any one or more of the blocks,
specified in the application contains petroleum; and
(ii) the recovery of petroleum from that area is not, at the time of the
application, commercially viable but is likely to become commercially viable
within 15 years after that time;
the Joint Authority must, by written notice served on the applicant, tell
the applicant that it is prepared to grant to the applicant a lease in respect
of the block or blocks as to which the Joint Authority is satisfied as mentioned
in paragraph (c).
39 Paragraph 38B(2)(b)
Omit “the blocks”, substitute “the block, or all the
blocks,”.
40 After subsection 38B(2)
Insert:
(2A) If:
(a) an application has been made under section 38A specifying 2 or more
blocks; and
(b) the Joint Authority is not satisfied as to the matters referred to in
paragraph (1)(c) in relation to one or more, but not all, of the
blocks;
the Joint Authority must, by notice in writing served on the applicant,
refuse to grant a lease to the applicant in respect of the block or blocks as to
which it is not satisfied as mentioned in paragraph (1)(c).
41 Paragraph 38F(2)(a)
Repeal the paragraph.
42 At the end of subsection
38J(1)
Add:
Penalty: 100 penalty units.
43 Subsections 38J(2) and (3) and the
penalty
Repeal the subsections and the penalty.
44 Section 38K
Repeal the section.
45 Section 39 (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 5 years.
46 Paragraph 41(1)(a)
Repeal the paragraph.
47 Subsection 43(1)
Repeal the subsection, substitute:
(1) This section applies if an application for the grant of a licence has
been made under section 39A, 40, 40A or 40B.
(1A) If:
(a) the applicant has given any further information as and when required
by the Designated Authority under subsection 41(2); and
(b) the Joint Authority is satisfied that the area comprised in the block,
or any one or more of the blocks, specified in the application contains
petroleum;
the Joint Authority must, by written notice served on the applicant, tell
the applicant that it is prepared to grant to the applicant a licence in respect
of the block or blocks as to which the Joint Authority is satisfied as mentioned
in paragraph (b).
48 Subsection 43(2)
Omit “An instrument under subsection (1)”, substitute “A
notice under subsection (1A)”.
49 At the end of section 43
Add:
(3) If the Joint Authority decides not to grant to the applicant a licence
in respect of the block, or any of the blocks, specified in the application
because:
(a) the applicant has failed to comply with a requirement made by the
Designated Authority under subsection 41(2); or
(b) the Joint Authority is not satisfied that the area comprised in the
block, or any of the blocks, contains petroleum;
the Joint Authority must, by written notice served on the applicant, tell
the applicant of its decision and the reasons for the decision.
50 Subsection 44(2)
Omit “blocks specified in the application”, substitute
“block or blocks as to which it is satisfied as mentioned in paragraph
43(1A)(b)”.
51 Subsection 45(1)
Omit “the blocks specified in the application”, substitute
“such of the blocks specified in the application as are blocks as to which
the Joint Authority is satisfied as mentioned in paragraph
43(1A)(b)”.
52 Paragraph 47(6)(a)
Repeal the paragraph.
53 Subsection 48(3)
Omit “, unless the Designated Authority otherwise
determines,”.
54 Subparagraph
49(5)(c)(ii)
Omit “or enter into an agreement under section 109 in respect of that
balance”.
55 Paragraph 49(6)(b)
Omit “or enter into an agreement under section 109 in respect of that
balance”.
56 Paragraph 49(7)(b)
Omit “or entered into an agreement under section 109 in respect of
that balance”.
57 Paragraph 50(b)
Omit “or entered into an agreement under section 109 in respect of
that balance”.
58 Paragraphs 51(2)(a) and
54(2)(a)
Repeal the paragraphs.
59 After Division 3 of Part
III
Insert:
A person must not, in the adjacent area:
(a) begin or continue the construction, or the alteration or
reconstruction, of any infrastructure facilities; or
(b) operate any infrastructure facilities;
except under and in accordance with an infrastructure licence.
Penalty: Imprisonment for 5 years.
(1) A person may apply to the Designated Authority for the grant by the
Joint Authority of an infrastructure licence.
(2) The application:
(a) is to be made in an approved manner; and
(b) is to be accompanied by particulars of the proposals of the applicant
for the construction and operation of facilities at a place in an adjacent area,
being a place described in the application; and
(c) may set out any other matters that the applicant wishes to be
considered; and
(d) is to be accompanied by the prescribed fee.
(3) The Designated Authority may, at any time, by written notice served on
the applicant, require the applicant to give, within the period stated in the
notice, further written information in connection with the
application.
(1) If an application for the grant of an infrastructure licence has been
made under section 59B and the applicant has given any further information as
and when required by the Designated Authority under subsection 59B(3), then,
subject to section 59D, the Joint Authority, by written notice served on the
applicant, may inform the applicant that the Joint Authority is prepared to
grant to the applicant an infrastructure licence in respect of the place
described in the application.
(2) A notice under subsection (1) must:
(a) contain a summary of the conditions subject to which the
infrastructure licence is to be granted; and
(b) contain a statement to the effect that the application will lapse if
the applicant does not make a request under subsection 59E(1) in respect of the
grant of the infrastructure licence.
(1) This section applies if the Joint Authority is prepared to grant an
infrastructure licence (the proposed infrastructure licence) in
respect of a place in a block that:
(a) is the subject of a permit, lease, licence, infrastructure licence,
special prospecting authority or access authority; or
(b) is, or is proposed to be, transected by a pipeline in accordance with
the provisions of a pipeline licence;
of which the registered holder is a person other than the
applicant.
(2) The Joint Authority must not inform the applicant under section 59C
that the Joint Authority is prepared to grant the proposed infrastructure
licence unless the Joint Authority:
(a) has, by written notice served on the registered holder referred to in
subsection (1), given not less than one month’s notice that the Authority
is prepared to grant the proposed infrastructure licence; and
(b) has served a copy of the notice on such other persons (if any) as the
Authority thinks fit; and
(c) has, in the notice:
(i) given particulars of the proposed infrastructure licence;
and
(ii) specified a date, on or before which a person on whom the notice, or
a copy of the notice, is served may, by writing served on the Authority, submit
any matters that the person wishes the Authority to consider; and
(d) has taken into account any matters so submitted on or before the
specified date by a person on whom the first-mentioned notice, or a copy of it,
has been served.
(3) Subsection (2) does not apply:
(a) in respect of the registered holder of a permit, lease, licence,
infrastructure licence or pipeline licence if the registered holder has
consented in writing to the grant of the proposed infrastructure licence;
or
(b) in respect of the registered holder of a special prospecting authority
or an access authority if:
(i) the registered holder has consented in writing to the grant of the
proposed infrastructure licence; or
(ii) the special prospecting authority or access authority will expire
before any construction or operation of facilities under the proposed
infrastructure licence would occur.
(1) An applicant on whom a notice has been served under subsection 59C(1)
(the applicant) may, by written notice served on the Designated
Authority, request the Joint Authority to grant to the applicant the
infrastructure licence referred to in the first-mentioned notice.
(2) The request must be made:
(a) before the end of 3 months after the date of service of the notice on
the applicant under subsection 59C(1); or
(b) if the Designated Authority, on application in writing served on that
Authority before the end of that period, allows a further period of not more
than 3 months for the making of the request—before the end of that further
period.
(3) If the applicant makes the request within the period applicable under
subsection (2), the Joint Authority must grant to the applicant an
infrastructure licence in respect of the place described in the
application.
(4) If the applicant does not make the request within the period
applicable under subsection (2), the application lapses at the end of that
period.
(1) An infrastructure licence, while it remains in force, authorises the
infrastructure licensee, subject to this Act and the regulations and in
accordance with the conditions to which the infrastructure licence is subject,
to construct and operate infrastructure facilities in the infrastructure licence
area.
(2) Nothing in an infrastructure licence authorises the holder to explore
for or recover petroleum, construct a pipeline or a secondary line or do
anything else that could be authorised to be done by a permit, lease, licence or
pipeline licence.
(3) To avoid doubt, the grant of an infrastructure licence is not a
prerequisite to doing anything referred to in subsection (2).
Subject to this Part, an infrastructure licence remains in force
indefinitely.
(1) If an infrastructure licensee:
(a) has not carried out any construction work under the infrastructure
licence for a continuous period of at least 5 years; and
(b) has not used the facilities constructed under the infrastructure
licence for a continuous period of at least 5 years;
the Joint Authority may, by written notice served on the infrastructure
licensee, inform the infrastructure licensee that the Joint Authority proposes
to terminate the infrastructure licence after the end of one month after the
notice is served.
(2) At any time after the end of one month after the notice referred to in
subsection (1) is served on the infrastructure licensee, the Joint Authority
may, by written notice served on the infrastructure licensee, terminate the
infrastructure licence.
(3) In working out, for the purposes of subsection (1), the duration of
the period in which an infrastructure licensee did not carry out any
construction work under the infrastructure licence or did not use the facilities
constructed under the infrastructure licence, any period in which construction
work was not carried out, or the facilities were not used, because of
circumstances beyond the infrastructure licensee’s control is to be
disregarded.
An infrastructure licence may be granted subject to such conditions as
the Joint Authority thinks fit and are specified in the infrastructure
licence.
(1) An infrastructure licensee may, at any time, make an application to
the Designated Authority for the variation by the Joint Authority of the
infrastructure licence.
(2) An application under this section:
(a) is to be made in the approved manner; and
(b) is to be accompanied by particulars of the proposed variation;
and
(c) is to set out the reasons for the proposed variation; and
(d) is to be accompanied by the prescribed fee.
(3) The Designated Authority may, at any time, by written notice served on
the applicant, require the applicant to give, within the period stated in the
notice, further written information in connection with the
application.
(4) If the infrastructure licence was granted in respect of a place in a
block that:
(a) is the subject of a permit, lease, licence, infrastructure licence,
special prospecting authority or access authority; or
(b) is, or is proposed to be, transected by a pipeline in accordance with
the provisions of a pipeline licence;
of which the registered holder is a person other than the applicant, the
Joint Authority must not vary the infrastructure licence pursuant to the
application unless the Designated Authority:
(c) has, by written notice served on the registered holder, given not less
than one month’s notice that the Joint Authority is considering the
application; and
(d) has served a copy of the notice on such other persons (if any) as the
Joint Authority thinks fit; and
(e) has, in the notice:
(i) given particulars of the proposed variation; and
(ii) specified a date on or before which a person on whom the notice, or a
copy of the notice, is served may, by writing served on the Joint Authority,
submit any matters that the person wishes the Joint Authority to
consider.
(5) Subsection (4) does not apply:
(a) in respect of the registered holder of a permit, lease, licence,
infrastructure licence or pipeline licence if the registered holder has
consented in writing to the variation of the infrastructure licence;
or
(b) in respect of the registered holder of a special prospecting authority
or an access authority if:
(i) the registered holder has consented in writing to the variation of the
infrastructure licence; or
(ii) the special prospecting authority or access authority will expire
before any construction or operation of facilities under the infrastructure
licence as proposed to be varied would occur.
(6) After considering any matters submitted to the Designated Authority
under subsection (4) on or before the date specified in the notice served under
that subsection by a person to whom the notice, or a copy of the notice, has
been served, the Joint Authority may:
(a) by written notice served on the applicant, vary the infrastructure
licence to such extent as the Joint Authority thinks necessary; or
(b) refuse to vary the infrastructure licence.
60 Subsections 60(2) and
(3)
Repeal the subsections.
61 Subsection 60(4)
Repeal the subsection, substitute:
(4) A person must not, in the adjacent area, commence to operate a
pipeline unless:
(a) it has been constructed and tested in accordance with a pipeline
licence; and
(b) the Designated Authority has certified in writing that he or she is
satisfied that the pipeline has been so constructed and tested and is fit to be
operated.
62 Subsection 60(5)
Omit “, secondary line or a water line”.
63 Section 60 (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 5 years.
64 Paragraph 61(a)
Omit “, water line, pumping station, tank station, valve station or
secondary line” (wherever occurring).
65 Subsections 62(1) and
(2)
Omit “, water line, pumping station, tank station, valve station or
secondary line” (wherever occurring).
66 Paragraph 64(1)(a)
Repeal the paragraph.
67 Subsection 67(1)
Repeal the subsection, substitute:
(1) Subject to this Part, a pipeline licence remains in force
indefinitely.
68 Application
The amendment made by item 67 applies to pipeline licences in force
immediately before the commencement of that item (including pipeline licences
that had been renewed under section 69 of the Petroleum (Submerged Lands) Act
1967 as in force before that commencement or to which subsection 69(8) of
that Act as so in force applied) as well as to pipeline licences granted after
that commencement.
69 After section 67
Insert:
(1) If a pipeline licensee:
(a) has not carried out any construction work under the pipeline licence
for a continuous period of at least 5 years; and
(b) has not used the pipeline or a part of the pipeline for a continuous
period of at least 5 years;
the Joint Authority may, by written notice served on the pipeline licensee,
inform the pipeline licensee that the Joint Authority proposes to terminate the
pipeline licence, or to terminate the pipeline licence in respect of the part of
the pipeline, as the case may be, after the end of one month after the notice is
served.
(2) At any time after the end of one month after the notice referred to in
subsection (1) is served on the pipeline licensee, the Joint Authority may, by
written notice served on the pipeline licensee, terminate the pipeline licence
or terminate the pipeline licence in respect of the part of the pipeline, as the
case may be.
(3) In working out, for the purposes of subsection (1), the duration of
the period in which a pipeline licensee did not carry out any construction work
under the pipeline licence or did not use the pipeline or a part of the
pipeline, any period in which construction work was not carried out, or the
pipeline or part of the pipeline was not used, because of circumstances beyond
the pipeline licensee’s control is to be disregarded.
70 Sections 68 and 69
Repeal the sections.
71 Subsection 70(3)
Repeal the subsection.
72 Saving
A renewal of a pipeline licence that was in force under section 70 of the
Petroleum (Submerged Lands) Act 1967 immediately before the repeal of
subsection (3) of that section continues, subject to Part III of that Act, to be
subject to any conditions referred to in that subsection to which it was subject
immediately before the repeal.
73 Paragraph 71(2)(a)
Repeal the paragraph.
74 Subsection 72(1)
Omit “, or of a water line, pumping station, tank station, valve
station or secondary line,”.
75 Subsection 72(2)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 5 years.
76 Subsection 74(1)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 5 years.
77 Section 75
Before “pipeline licence”, insert “infrastructure
licence,”.
78 At the end of paragraphs 76(2)(a) and
(b)
Add “and”.
79 After paragraph 76(2)(b)
Insert:
(ba) in the case of an infrastructure licence, setting out particulars of
the infrastructure licence area; and
80 At the end of paragraphs 76(2)(c), (d) and
(e)
Add “and”.
81 Paragraph 76(2)(g)
Before “pipeline licence”, insert “infrastructure
licence,”.
82 Paragraph 76(3)(c)
Repeal the paragraph.
83 Subparagraph
81A(4)(a)(i)
Before “or pipeline licence”, insert “, infrastructure
licence”.
84 Subsection 82(1)
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
85 Sections 84, 85 and 90
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
86 Paragraphs 94(a) and (b)
Repeal the paragraphs, substitute:
(a) the grant of a permit, lease, licence, infrastructure licence or
pipeline licence; and
(aa) the renewal of a permit, lease or licence; and
(b) the variation of a licence, infrastructure licence or pipeline
licence; and
87 At the end of paragraph
94(c)
Add “and”.
88 After paragraph 94(c)
Insert:
(ca) the surrender or cancellation of an infrastructure licence;
and
89 At the end of paragraph
94(d)
Add “and”.
90 Paragraph 94(e)
Repeal the paragraph, substitute:
(e) an application for a pipeline licence or for a variation of a pipeline
licence; and
91 Paragraph 94(g)
Repeal the paragraph, substitute:
(g) the expiry of a permit, lease or licence, or the termination of a
licence, infrastructure licence or pipeline licence, to be published in the
Gazette.
92 After subsection 95(2)
Insert:
(2A) The surrender or cancellation of an infrastructure licence has effect
on and from the day on which notice of the surrender or cancellation is
published in the Gazette.
93 Subsection 95(4)
After “licence”, insert “, infrastructure licence
or”.
94 Subsections 96(1) and
(2)
Before “or pipeline licence” (wherever occurring), insert
“, infrastructure licence”.
95 Subsections 96(1) and
(2)
Before “or pipeline licensee”, insert “, infrastructure
licensee”.
96 Section 96 (penalty)
Omit “$10,000”, substitute “100 penalty
units”.
97 After subsection 97(2)
Insert:
(2A) An infrastructure licensee must carry out operations authorised by
the infrastructure licence in a safe manner and in accordance with good
oil-field, processing and transport practices.
(2B) In particular and without limiting the generality of subsection (2A),
but subject to any authorisation given, or requirement made, under this Act or
the regulations or under any direction given under this Act, an infrastructure
licensee must control the flow, and prevent the waste or escape, from a facility
constructed under the infrastructure licence of water, petroleum or any product
derived by processing petroleum.
98 Section 97 (penalty)
Omit “$10,000”, substitute “100 penalty
units”.
99 Subsections 97A(1), (3) and
(4)
Before “or pipeline licence” (wherever occurring), insert
“, infrastructure licence”.
100 Subsection 98(1) (definition of
operator)
Before “pipeline licensee”, insert “infrastructure
licensee,”.
101 Subsection 98(1) (after paragraph (a) of the
definition of the operations area)
Insert:
and (aa) in relation to an operator who is an infrastructure
licensee—means the infrastructure licence area; and
102 Section 98 (penalty)
Omit “$10,000”, substitute “100 penalty
units”.
103 Section 100
Repeal the section.
104 Subsection 101(1)
Before “pipeline licence”, insert “infrastructure
licence,”.
105 Subsections 101(2A), (2B) and (2C)
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
106 Paragraph 102(2A)(a)
Before “pipeline licensee”, insert “infrastructure
licensee,”.
107 Paragraph 103(1)(a)
Repeal the paragraph, substitute:
(a) a permit, lease or licence is, under this Part, to be taken to
continue in force until the Joint Authority grants, or refuses to grant, the
renewal of the permit, lease or licence;
108 Paragraph 103(1)(j)
Before “or pipeline licensee”, insert “, infrastructure
licensee”.
109 Paragraph 103(1)(j)
Before “or pipeline licence”, insert “, infrastructure
licence”.
110 Paragraph 103(1)(k)
Before “or pipeline licensee”, insert “, infrastructure
licensee”.
111 Subsection 103(1)
After “served on the permittee, lessee, licensee”, insert
“, infrastructure licensee”.
112 Paragraph 103(1)(n)
Before “or pipeline licensee”, insert “, infrastructure
licensee”.
113 Subsection 103(1)
Before “or pipeline licence” (last occurring), insert “,
infrastructure licence”.
114 Paragraph 103(2)(b)
Before “or pipeline licence”, insert “, infrastructure
licence”.
115 Subsection 104(1)
Before “or pipeline licence”, insert “, infrastructure
licence”.
116 After paragraph
104(1)(a)
Insert:
or (aaa) in the case of an infrastructure licence—as to the
infrastructure licence area; or
117 Subsection 104(3)
Before “or pipeline licence”, insert “, infrastructure
licence”.
118 After paragraph
104(5)(a)
Insert:
(aa) in relation to a surrender of an infrastructure licence—the
infrastructure licence area; and
119 Section 105
Before “or pipeline licensee” (wherever occurring), insert
“, infrastructure licensee”.
120 Paragraph 105(1)(a)
Before “or pipeline licence”, insert “, infrastructure
licence”.
121 After paragraph
105(1)(e)
Insert:
or (eaa) in the case of an infrastructure licence—cancel the
infrastructure licence; or”.
122 Subsection 105(2)
After “in force,” (first occurring), insert “cancel an
infrastructure licence,”.
123 Section 106
Repeal the section, substitute:
(1) A permit, licence or pipeline licence may be wholly cancelled or
partly cancelled, a lease may be wholly cancelled, and an infrastructure licence
may be cancelled, on the ground that the registered holder of the permit,
licence, pipeline licence, lease or infrastructure licence has not complied with
a provision of this Part or of the regulations even though the holder has been
convicted of an offence by reason of the holder’s failure to comply with
the provision.
(2) A person who was the registered holder of a permit, lease, licence or
pipeline licence that has been wholly cancelled, is the registered holder of a
permit, licence or pipeline licence that has been partly cancelled, or was the
registered holder of an infrastructure licence that has been cancelled, on the
ground that the person has not complied with a provision of this Part or of the
regulations may be convicted of an offence because of the person’s failure
to comply with the provision, even though the permit, lease, licence, pipeline
licence or infrastructure licence has been so cancelled.
(3) A permit, licence or pipeline licence may be wholly cancelled or
partly cancelled, a lease may be wholly cancelled, and an infrastructure licence
may be cancelled, on the ground that the registered holder of the permit,
licence, pipeline licence, lease or infrastructure licence has not paid an
amount payable by the holder under this Act, or under an Act with which this Act
is incorporated, within 3 months after the day on which the amount became
payable, even though judgment for the amount has been obtained or the amount, or
any part of the amount, has been paid or recovered.
(4) A person who was the registered holder of a permit, lease, licence or
pipeline licence that has been wholly cancelled, is the registered holder of a
permit, licence or pipeline licence that has been partly cancelled, or was the
registered holder of an infrastructure licence that has been cancelled, on the
ground that the person has not paid an amount payable by the person under this
Act, or under an Act with which this Act is incorporated, within 3 months after
the day on which the amount became payable continues to be liable to pay that
amount, together with any additional amount payable because of late payment of
that amount, even though the permit, lease, licence, pipeline licence or
infrastructure licence has been so cancelled.
124 Subsection 107(1)
Omit all the words and paragraph before paragraph (b),
substitute:
(1) This section applies if:
(a) a permit has been wholly or partly determined or wholly or partly
cancelled, or has expired; or
(b) a lease has been wholly or partly determined or wholly cancelled, or
has expired; or
(c) a licence has been wholly or partly determined or wholly or partly
cancelled, has been terminated or has expired; or
(d) an infrastructure licence has been cancelled or has been terminated;
or
(e) a pipeline licence has been wholly or partly determined or wholly or
partly cancelled, or has been terminated.
(1A) The Designated Authority may, by written notice served on the person
who was, or is, as the case may be, the permittee, licensee, lessee,
infrastructure licensee or pipeline licensee, direct the person to do any one or
more of the following:
(a) to remove or cause to be removed from the relinquished area all
property brought into the area by any person engaged or concerned in the
operations authorised by the permit, licence, lease, infrastructure licence or
pipeline licence or to make arrangements that are satisfactory to the Designated
Authority with respect to the property;
125 Subsection 107(2)
Omit all the words and paragraph before paragraph (b),
substitute:
(2) The Designated Authority may, by written notice served on a person who
is a permittee, lessee, licensee, infrastructure licensee or pipeline licensee,
direct the person to do any one or more of the following:
(a) to remove or cause to be removed from the permit area, lease area,
licence area, infrastructure licence area or part of the adjacent area in which
the pipeline is constructed, as the case may be, all property brought into the
area or part by any person engaged or concerned in the operations authorised by
the permit, lease, licence, infrastructure licence or pipeline licence or to
make arrangements that are satisfactory to the Designated Authority with respect
to the property;
126 Paragraph 107(3)(b)
Before “or pipeline licence”, insert “, infrastructure
licence”.
127 Section 107 (penalty)
Omit “$10,000”, substitute “100 penalty
units”.
128 Section 108
Omit all the words before paragraph (a), substitute:
(1) This section applies if:
(a) a permit has been wholly or partly determined or wholly or partly
cancelled, or has expired; or
(b) a lease has been wholly or partly determined or wholly cancelled, or
has expired; or
(c) a licence has been wholly or partly determined or wholly or partly
cancelled, has been terminated or has expired; or
(d) an infrastructure licence has been cancelled or has been terminated;
or
(e) a pipeline licence has been wholly or partly determined or wholly or
partly cancelled, or has been terminated.
(2) If a direction under section 107 has not been complied with, or an
arrangement under that section has not been carried out, in relation to the
relinquished area:
129 Paragraph 108(b)
Omit “lease, licence or pipeline licence”, substitute
“pipeline licence, licence, lease or infrastructure
licence”.
130 Sections 109 and 110
Repeal the sections.
131 Paragraph 111(2)(a)
Repeal the paragraph.
132 Subsection 111(9)
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
133 Paragraph 112(2)(a)
Repeal the paragraph.
134 Subsection 112(10)
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
135 Subsection 112(11)
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
136 Paragraph 113(3)(b)
Before “pipeline licensee”, insert “, infrastructure
licensee,”.
137 Subsection 115(1)
After “recovery of petroleum”, insert “, operations
relating to the processing or storage of petroleum or the preparation of
petroleum for transport”.
138 Subsection 115(2)
Omit all the words after “penalty”.
139 At the end of section
115
Add:
(3) However, any information furnished, answer given or document produced
pursuant to the requirement, and any information or thing (including any
document) obtained as a direct or indirect consequence of the furnishing of the
information, the answering of the question or the production of the document, as
the case may be, is not admissible in evidence against the person in any civil
proceedings or in any criminal proceedings other than proceedings for an offence
against section 117.
140 Section 117 (penalty)
Omit “$10,000”, substitute “100 penalty
units”.
141 Section 118
Repeal the section.
142 Saving
(1) Despite the repeal of section 118 of the Petroleum (Submerged Lands)
Act 1967 by item 141, that section continues to apply in respect of
information given to the Designated Authority before the commencement of item
161.
(2) Any regulations providing for the calculation of a fee for the purposes
of a provision of section 118 of the Petroleum (Submerged Lands) Act 1967
as in force immediately before the repeal of that section:
(a) continue in force for the purposes of that section as it continues to
apply under subitem (1); and
(b) also separately continue in force as if they had been made for the
purposes of the corresponding provision of Part IIIA inserted in that Act by
item 161.
(3) Any regulations in force under paragraph (2)(a) or (b) may, for the
purposes of their application under that paragraph, be amended or repealed by
regulations made under section 157 of the Petroleum (Submerged Lands) Act
1967.
143 Subsection 119(3)
Omit “a penalty of a fine not exceeding $100,000 or imprisonment for
a term not exceeding 10 years, or both”, substitute “imprisonment
for not more than 10 years”.
144 Section 120 (penalty)
Omit “$10,000”, substitute “100 penalty
units”.
145 Section 121
Repeal the section.
146 Subsection 122(1)
Before “pipeline licence”, insert “infrastructure
licence,”.
147 Subsection 122(2)
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
148 Section 124
Before “pipeline licence”, insert “infrastructure
licence,”.
149 Section 124 (penalty)
Omit “$10,000”, substitute “100 penalty
units”.
150 After section 124
Insert:
(1) A person must not intentionally or recklessly:
(a) cause damage to, or interfere with, any structure or vessel in an
adjacent area that is, or is to be, used in exploring for, recovering,
processing, storing, preparing for transport, or transporting, petroleum;
or
(b) interfere with any operations or activities being carried out, or any
works being executed, on, by means of, or in connection with, such a structure
or vessel.
Penalty: Imprisonment for 10 years.
(2) In this section:
structure means any fixed, moveable or floating structure or
installation and includes a pipeline, pumping station, tank station or valve
station.
151 Subsection 125(1)
Omit “Joint Authority”, substitute “Designated
Authority”.
152 Saving
An appointment of a person as an inspector under subsection 125(1) of the
Petroleum (Submerged Lands) Act 1967 by the Joint Authority that was in
force immediately before the commencement of item 151 continues in force as if
it had been made by the Designated Authority under that subsection as amended by
that item.
153 Subsection 125(3)
(penalty)
Omit “$500”, substitute “5 penalty
units”.
154 Paragraph 126(1)(a)
After “recovery of petroleum”, insert “, operations
relating to the processing or storage of petroleum or the preparation of
petroleum for transport”.
155 Section 126 (penalty)
Omit “$5,000”, substitute “50 penalty
units”.
156 Section 131
Repeal the section.
157 Paragraphs 133(1)(a) and
(b)
Repeal the paragraphs, substitute:
(a) of an offence against this Act arising under section 19, 39, 59A or
60; or
(b) of an offence against section 6, 7 or 7A or subsection 86(1) of the
Crimes Act 1914 in relation to an offence referred to in paragraph
(a);
158 Paragraph 135(b)
Repeal the paragraph, substitute:
(b) an offence arising under section 6, 7 or 7A or subsection 86(1) of the
Crimes Act 1914 in relation to an offence referred to in paragraph
(a);
159 Subsection 138A(5)
Before “pipeline licence”, insert “infrastructure
licence,”.
160 Subsection 140E(2)
Omit “$5000”, substitute “50 penalty
units”.
161 After Part III
Insert:
(1) In this Part, unless the contrary intention appears:
applicable document means:
(a) an application made after the commencement of this Part to the
Designated Authority under this Act; or
(b) a document accompanying such an application; or
(c) a report, return or other document relating to a block that has been
given after the commencement of this Part to the Designated Authority under this
Act.
confidential information has the meaning given by subsection
(3).
contested information has the meaning given by subsection
(4).
derivative information has the meaning given by subsection
(2).
documentary information means information contained in an
applicable document.
excluded information means:
(a) derivative information; or
(b) confidential information; or
(c) particulars of:
(i) the technical qualifications of an applicant for a petroleum mining
instrument; or
(ii) the technical advice available to such an applicant; or
(iii) the financial resources available to such an applicant.
notice inviting objections to the disclosure of information
has the meaning given by subsection (5).
petroleum mining instrument means a permit, lease, licence,
infrastructure licence, pipeline licence, special prospecting authority or
access authority.
petroleum mining sample means a core or cutting from, or a
sample of, the sea-bed or subsoil, or a sample of petroleum recovered, that has
been given at any time, whether before or after the commencement of this Part,
to the Designated Authority and includes a portion of such a core, cutting or
sample.
seismic data grid scaled in time means a series of vertical
cross-sections of a 3-dimensional processed image of geological strata, being
cross-sections that form a grid of which:
(a) one direction is along the direction of surveying; and
(b) the other direction is at right angles to the direction mentioned in
paragraph (a); and
(c) the interstices are:
(i) 2 kilometres in length by 2 kilometres in breadth; or
(ii) such other length and breadth as are prescribed.
(2) Documentary information is derivative information
if:
(a) both of the following subparagraphs apply:
(i) the person who gave the information to the Designated Authority told
the Designated Authority in writing when the information was so given that the
person classified the information as a conclusion drawn wholly or partly from,
or an opinion based wholly or partly on, other documentary
information;
(ii) the Designated Authority did not, within 30 days after receiving the
information, tell the person in writing that the Designated Authority disagreed
with the person’s classification of the information and serve on the
person a written notice inviting objections to the disclosure of the
information; or
(b) the Designated Authority considers the information to be a conclusion
drawn wholly or partly from, or an opinion based wholly or partly on, other
documentary information.
(3) Documentary information given by a person to the Designated Authority
is confidential information if:
(a) both of the following subparagraphs apply:
(i) the person who gave the information to the Designated Authority told
the Designated Authority in writing when the information was so given that the
person classified the information as a trade secret or as other information the
disclosure of which would, or could reasonably be expected to, adversely affect
the person in respect of the person’s lawful business, commercial or
financial affairs;
(ii) the Designated Authority did not, within 30 days after receiving the
information, tell the person in writing that the Designated Authority disagreed
with the person’s classification of the information and serve on the
person a written notice inviting objections to the disclosure of the
information; or
(b) the Designated Authority considers the information to be a trade
secret, or otherwise to be information the disclosure of which would, or could
reasonably be expected to, adversely affect the person in respect of the
person’s lawful business, commercial or financial affairs.
(4) Documentary information given by a person to the Designated Authority
is contested information if:
(a) the person who gave the information to the Designated Authority told
the Designated Authority in writing when the information was so given that the
person classified the information as:
(i) a conclusion drawn wholly or partly from, or an opinion based wholly
or partly on, other documentary information; or
(ii) a trade secret, or other information the disclosure of which would,
or could reasonably be expected to, adversely affect the person in respect of
the person’s lawful business, commercial or financial affairs;
and
(b) the Designated Authority, within 30 days after receiving the
information, told the person in writing that the Designated Authority disagreed
with the person’s classification of the information and served on the
person a written notice inviting objections to the disclosure of the
information.
(5) A notice inviting objections to the disclosure of
information is a notice:
(a) stating that the person serving the notice proposes at a future time
to make the information publicly known or available; and
(b) inviting the person who gave the information to the Designated
Authority to give to the person serving the notice, on or before a day specified
in the notice, being a day not earlier than 45 days after the notice was served,
a notice:
(i) objecting to the information, or a specified part of the information,
being publicly known or made available on the ground that the information or the
part of the information is a trade secret or would, or could reasonably be
expected to, adversely affect the person in respect of the person’s lawful
business, commercial or financial affairs; or
(ii) objecting to the information or a specified part of the information
being publicly known or made available before the end of 5 years after the
information was given to the Designated Authority on the ground that the
information or the part of the information is a conclusion drawn wholly or
partly from, or an opinion based wholly or partly on, other documentary
information; and
(c) stating that, if the person does not make an objection in accordance
with the invitation, the information can be made publicly known or made
available under this Part.
(6) For the purposes of this Part:
(a) cores and cuttings, well data, logs, sample descriptions and other
documents, relating to the drilling of a well, are taken to have been given to
the Designated Authority not later than one month after the drilling of the well
was, in the Designated Authority’s opinion, substantially completed;
and
(b) geophysical or geochemical data relating to geophysical or geochemical
surveys are taken to have been given to the Designated Authority not later than
one year after the geophysical or geochemical field work was, in the Designated
Authority’s opinion, substantially completed.
This Part applies in respect of:
(a) information given to the Designated Authority after the commencement
of this Part; and
(b) petroleum mining samples given to the Designated Authority at any time
whether before or after the commencement of this Part.
Note: Section 118 of this Act as previously in force
continues to apply in respect of information given to the Designated Authority
before the commencement of this Part (see item 142 of Schedule 1 to the
Petroleum (Submerged Lands) Amendment Act 1999).
Except as provided by this Part or for the purposes of the administration
of this Act or the regulations, the Designated Authority, or a Minister to whom
documentary information or a petroleum mining sample has been made available
under section 150C, must not:
(a) make publicly known, or make available to any person (other than a
Minister or a State Minister), any of the information; or
(b) make publicly known any particulars of, or permit any person (other
than a Minister or a State Minister) to inspect, the sample.
(1) The Designated Authority may, at any time, make documentary
information or petroleum mining samples available to a Minister or to a State
Minister.
(2) If, at any time, the Commonwealth Minister requires the Designated
Authority to make available to the Commonwealth Minister any documentary
information or petroleum mining sample, the Designated Authority must comply
with the requirement.
(3) Division 3 does not prevent the making of documentary information
available under this section.
Disclosure of information given in connection with application for grant
of petroleum mining instrument
(1) Subject to Division 3, at any time after:
(a) the grant of, or a refusal to grant, a permit, lease, licence,
infrastructure licence, pipeline licence, special prospecting authority or
access authority; or
(b) the renewal of, or a refusal to renew, a permit, lease or licence;
or
(c) the extension of, or a refusal to extend, an access
authority;
the Designated Authority or the Commonwealth Minister may:
(d) make publicly known; or
(e) subject to subsection (4), on request by a person, make available to
the person;
any information (other than excluded information) contained in, or
accompanying, the application for the grant, renewal or extension.
Disclosure of documentary information after relevant day
(2) Subject to Division 3, at any time after the relevant day, the
Designated Authority or the Commonwealth Minister may:
(a) make publicly known; or
(b) subject to subsection (4), on request by a person, make available to
the person;
any documentary information (other than excluded information) given to the
Designated Authority or made available to the Commonwealth Minister under
section 150C, as the case may be, that relates to the sea-bed or subsoil, or to
petroleum, in a block.
Note: For relevant day see section
150E.
Disclosure of petroleum mining samples after relevant day
(3) At any time after the relevant day, the Designated Authority or the
Commonwealth Minister may:
(a) make publicly known any particulars of; or
(b) subject to subsection (4), on request by a person, permit the person
to inspect;
any petroleum mining samples from a block, being petroleum mining samples
given to the Designated Authority or made available to the Commonwealth Minister
under section 150C, as the case may be.
Note: For relevant day see section
150E.
Fee for obtaining information or inspecting mining sample
(4) If the Designated Authority or the Commonwealth Minister requires a
person to pay a fee calculated in accordance with the regulations before any
information is made available to the person or the person is permitted to
inspect any petroleum mining samples, the Designated Authority or the
Commonwealth Minister, as the case may be, must not make the information
available to the person, or permit the person to inspect the samples, as the
case may be, under this section unless the fee has been paid.
Application of section
(1) This section identifies the day (the relevant day) after
which documentary information may be made publicly known under subsection
150D(2), or particulars of a petroleum mining sample may be made publicly known,
or such a sample may be permitted to be inspected, under subsection
150D(3).
Disclosure of information or sample: lease or permit in force:
subsection (7) not applicable
(2) If:
(a) a permit or lease is in force in respect of the block referred to in
the subsection concerned; and
(b) the applicable document that contained the information, or the sample,
as the case may be, referred to in that subsection was given to the Designated
Authority during the period during which any of the following was in force in
respect of the block:
(i) the permit or lease;
(ii) if a lease is in force in respect of the block—the permit that
ceased to be in force in respect of the block because of subsection 38B(7) on
the day on which the lease came into force; and
(c) subsection (7) does not apply;
the relevant day is the last day of the period of 2 years
that began on the day on which the document or sample was given to the
Designated Authority.
Disclosure of information or sample: licence in force: subsection (7)
not applicable
(3) If:
(a) a licence is in force in respect of the block referred to in the
subsection concerned; and
(b) the applicable document that contained the information, or the sample,
as the case may be, referred to in that subsection was given to the Designated
Authority during the period during which any of the following was in force in
respect of the block:
(i) the licence;
(ii) the permit or lease that ceased to be in force in respect of the
block because of subsection 44(5) on the day on which the licence came into
force; and
(c) subsection (7) does not apply;
the relevant day is the last day of the period of one year
that began on the day on which the document or sample was given to the
Designated Authority.
Disclosure of information or sample: permit, lease or licence no longer
in force: subsection (7) not applicable
(4) If:
(a) the applicable document that contained the information, or the sample,
as the case may be, referred to in the subsection concerned was given to the
Designated Authority during a period during which a permit, lease or licence was
in force in respect of the block referred to in that subsection; and
(b) either of the following applies:
(i) the permit, lease or licence is surrendered, cancelled, determined or
terminated in respect of the block;
(ii) the permit, lease or licence expires but is not renewed in respect of
the block; and
(c) subsection (7) does not apply;
the relevant day is the day of the surrender, cancellation,
determination, termination or expiry, as the case may be, whether or not another
permit, lease or licence is afterwards in force in respect of the
block.
Disclosure of information or sample: no permit, lease or licence in
force when information or sample given: subsections (6) and (7) not
applicable
(5) If:
(a) the applicable document that contained the information, or the sample,
as the case may be, referred to in the subsection concerned was given to the
Designated Authority at a time when a permit, lease or licence was not in force
in respect of the block referred to in that subsection; and
(b) neither subsection (6) nor (7) applies;
the relevant day is the day determined by the Designated
Authority, being a day not more than 2 years after the day on which the document
or sample was given to the Designated Authority.
Disclosure of information or sample: no permit, lease or licence in
force when information or sample given: information or sample collected for sale
of information on non-exclusive basis: subsection (7) not
applicable
(6) If:
(a) the applicable document that contained the information, or the sample,
as the case may be, referred to in the subsection concerned was given to the
Designated Authority at a time when a permit, lease or licence was not in force
in respect of the block referred to in that subsection; and
(b) the information or sample was collected for the purpose of the sale of
the information on a non-exclusive basis; and
(c) subsection (7) does not apply;
the relevant day is the day determined by the Designated
Authority, being a day not more than 5 years after the day on which the document
or sample was given to the Designated Authority.
Disclosure of information comprising 3-dimensional seismic survey:
information collected for sale on non-exclusive basis: purchaser entitled to
reprocess information: 2-dimensional information derived from survey also given
to Designated Authority
(7) If:
(a) information referred to in the subsection concerned that was contained
in the applicable document is a 3-dimensional seismic survey of or including the
block referred to in that subsection (whether or not a permit, lease or licence
was in force in respect of the block when the applicable document that contained
the information was given to the Designated Authority or is currently in force
in respect of the block); and
(b) the information was collected for the purpose of the sale of the
information on a non-exclusive basis; and
(c) anyone who buys the information is entitled to reprocess it in any way
the buyer thinks fit; and
(d) the person who gave the information to the Designated Authority also
gave to that Authority as much 2-dimensional information derived from the
seismic survey as is contained in a seismic data grid scaled in time extending
over the length and breadth of the block;
the relevant day is the day determined by the Designated
Authority, being a day not more than 8 years after the day on which the document
was given to the Designated Authority.
Note: This subsection does not identify the relevant day for
2-dimensional information that is referred to in paragraph (d). The relevant day
for that information is identified by reference to subsection (2), (3), (4), (5)
or (6), whichever is applicable.
Application of section
(1) This section applies where:
(a) documentary information or a petroleum mining sample relating to a
block was given to the Designated Authority:
(i) during or in respect of a period during which a permit, lease or
licence was in force in respect of the block; or
(ii) during or in respect of a period during which a special prospecting
authority or access authority was in force in respect of the block but during
which no permit, lease or licence was in force in respect of the block;
and
(b) the permittee, lessee, licensee or holder of the special prospecting
authority or access authority or, if the permit, lease, licence, special
prospecting authority or access authority has ceased to be in force, the person
who was the permittee, lessee, licensee, holder of the special prospecting
authority or holder of the access authority:
(i) has made any of the information publicly known or has consented in
writing to any of the information being made publicly known; or
(ii) has made publicly known, or has caused to be made publicly known, any
particulars of the sample or has consented in writing to any of the particulars
of the sample being made publicly known or to the sample being made available
for inspection.
Disclosure of documentary information or petroleum mining sample that
has previously been disclosed
(2) The Designated Authority or, if the documentary information or
petroleum mining sample has been made available to the Commonwealth Minister,
the Commonwealth Minister may, at any time after the information or particulars
of the sample have been made publicly known or the consent has been
given:
(a) in the case of documentary information—make the information
publicly known or, subject to subsection (3), on request by a person, make the
information available to the person; or
(b) in the case of a petroleum mining sample—make particulars of the
sample publicly known or, subject to subsection (3), on request by a person,
permit the person to inspect the sample.
Fee may be required for obtaining documentary information or inspecting
petroleum mining sample
(3) The Designated Authority or the Commonwealth Minister may require a
person to pay a fee calculated in accordance with the regulations before the
documentary information is made available to the person or the person is
permitted to inspect the petroleum mining sample.
What happens if required fee not paid
(4) If a requirement is made under subsection (3), the Designated
Authority or the Commonwealth Minister must not make the information available
to the person, or permit the person to inspect the sample, as the case may be,
under this section unless the fee has been paid.
This section not affected by Division 3
(5) Division 3 does not prevent the making of documentary information
publicly known or available under this section.
Power to disclose derivative information
The Designated Authority may, at any time after the end of 5 years after
an applicable document was given to the Designated Authority:
(a) make publicly known; or
(b) on request by a person and, if the Designated Authority so requires,
on payment of a fee calculated in accordance with the regulations, make
available to the person;
any derivative information (other than confidential information) contained
in the document and relating to the sea-bed or subsoil, or to petroleum, in a
block.
Notice inviting objections to disclosure
(1) The Designated Authority must not make publicly known or available any
contested information unless the Designated Authority has, within 30 days after
the information was received, served on the person who gave to the Designated
Authority the document containing the information a notice inviting objections
to the disclosure of the information and:
(a) no objection to the disclosure of the information is made by the
person within the period specified in the notice; or
(b) if such an objection has been made—the objection has ceased to
be in force.
Withdrawal of objection
(2) An objection by a person pursuant to the notice may be withdrawn by
written notice given by the person to the Designated Authority.
Objection to be determined within 45 days
(3) If a person makes an objection pursuant to the notice, the Designated
Authority must, within 45 days after the day on which the notice of objection is
received:
(a) consider the objection and either allow it wholly or partly or
disallow it; and
(b) cause written notice of the decision on the objection to be served on
the person.
Notice of Designated Authority’s decision on objection must notify
right to request review of decision
(4) A notice of a decision of the Designated Authority on an objection
(other than a decision allowing the objection wholly) must include a statement
to the effect that, if the person who made the objection is dissatisfied with
the Designated Authority’s decision on the objection, the person may, in
accordance with subsection 150J(1), request the Commonwealth Minister to review
the decision.
Request for review of Designated Authority’s decision on
objection
(1) A person who:
(a) has made an objection to the Designated Authority; and
(b) is dissatisfied with the Designated Authority’s decision on the
objection;
may, by written notice given to the Commonwealth Minister not later than 28
days after the day on which the notice of the decision is served on the person,
request the Commonwealth Minister to review the decision.
Request to state grounds
(2) The request does not have any effect unless the notice making the
request sets out the grounds for making the request.
Withdrawal of request
(3) A request by a person to the Commonwealth Minister for a review of a
decision of the Designated Authority may be withdrawn by written notice served
by the person on that Minister.
Review to be determined within 45 days
(4) The Commonwealth Minister must, within 45 days after the day on which
the request was received, review the decision and make a decision:
(a) confirming the decision reviewed; or
(b) revoking the decision reviewed and substituting another decision for
it.
Notice of decision on review
(5) The Commonwealth Minister must, by written notice served on the person
who made the request for the review, tell the person the result of the review
and give reasons for the Commonwealth Minister’s decision on the
review.
When objection ceases to be in force
(6) For the purposes of this Division, an objection by a person to a
decision ceases to be in force:
(a) if the objection is withdrawn—when the withdrawal of the
objection occurs; or
(b) if the objection is not withdrawn:
(i) if a review of the decision is not duly requested—when a written
notice of the decision is served on the person; or
(ii) if a review of the decision is duly requested and the request is not
withdrawn—when a written notice of the decision on the review is served on
the person; or
(iii) if a duly made request for a review of the decision is
withdrawn—when the withdrawal of the request occurs.
Effect of decision disallowing objection
(7) If the decision on an objection, or, if the decision is reviewed, the
decision on the review, disallows the objection:
(a) if the disclosure of the information or the part of the information
was objected to solely on a ground referred to in subparagraph
150(5)(b)(i)—the information or the part of the information is taken not
to be confidential information and may be made publicly known, or made
available, under:
(i) if the information or the part of the information is not derivative
information—subsection 150D(1) or (2), as the case may be; or
(ii) if the information or the part of the information is derivative
information—section 150G; or
(b) if the disclosure of the information or the part of the information
was objected to solely on the ground referred to in subparagraph 150(5)(b)(ii)
or both on that ground and on a ground referred to in subparagraph
150(5)(b)(i)—the information or the part of the information is taken not
to be confidential information or derivative information and may be made
publicly known, or made available, under subsection 150D(1) or (2), as the case
may be.
Effect of decision allowing objection wholly or partly
(8) If the decision on an objection, or, if the decision is reviewed, the
decision on the review, allows the objection wholly or partly:
(a) any information the disclosure of which was objected to on a ground
referred to in subparagraph 150(5)(b)(i) (whether or not the information was
also objected to on the ground referred to in 150(5)(b)(ii)) and in respect of
which the objection is allowed may not be made publicly known, or made
available, by the Designated Authority or the Commonwealth Minister;
and
(b) any information the disclosure of which was objected to solely on the
ground referred to in subparagraph 150(5)(b)(ii) and in respect of which the
objection is allowed is taken to be derivative information other than
confidential information and may be made publicly known, or made available,
under section 150G; and
(c) any information the disclosure of which was objected to and in respect
of which the objection is disallowed:
(i) if the disclosure of the information was objected to solely on the
ground referred to in subparagraph 150(5)(b)(i)—is taken not to be
confidential information and may be made publicly known, or made available,
under subsection 150D(1) or (2) (as the case may be) if it is not derivative
information or under section 150G, if it is derivative information; or
(ii) if the disclosure of the information was objected to solely on the
ground referred to in subparagraph 150(5)(b)(ii) or both on that ground and on
the ground referred to in subparagraph 150(5)(b)(i)—is taken not to be
confidential information or derivative information and may be made publicly
known, or made available, under subsection 150D(1) or (2), as the case may
be.
The copyright in a literary or artistic work contained in an applicable
document is not infringed by anything done by, or with the authority of, the
Designated Authority or the Commonwealth Minister for the purpose of the
exercise of any of the powers of that Authority or Minister under this
Part.
162 Subsection 152(1) (paragraph (b) of the
definition of reviewable decision)
Repeal the paragraph, substitute:
(b) a decision of the Minister under:
(i) subsection 118(1B), (2), (3), (5), (5E) or (5J) of this Act as
previously in force; or
(ii) subsection 150D(1), (2), (3) or (4), 150F(2) or (3) or 150J(4);
or
(iii) subsection (2) or (5) of this section.
163 Paragraph 157(2)(e)
Omit “or equipment”, substitute “, equipment or
facilities”.
164 Paragraph 157(5)(a)
Omit “$10,000”, substitute “100 penalty
units”.
165 Subclause 4(1) of Schedule 7
(penalty)
Omit “$100,000”, substitute “1,000 penalty
units”.
166 Clause 5 of Schedule 7
(penalty)
Omit “$100,000”, substitute “1,000 penalty
units”.
167 Subclauses 6(1) and (2), 7(1) and 8(1) of
Schedule 7 (penalty)
Omit “$20,000”, substitute “200 penalty
units”.
168 Subclause 9(1) of Schedule 7
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
169 At the end of clause 32 of Schedule
7
Add:
(4) A person is not excused from answering a question or producing a
document when required to do so under subclause (1) on the ground that the
answer to the question, or the production of the document, may tend to
incriminate him or her or make him or her liable to a penalty.
(5) However, any answer given or document produced pursuant to the
requirement, and any information or thing (including any document) obtained as a
direct or indirect consequence of the answering of the question or the
production of the document, as the case may be, is not admissible in evidence
against the person in any civil proceedings or in any criminal proceedings other
than proceedings for an offence against this section.
170 Subclauses 34(5) and 35(4) of Schedule 7
(penalty)
Omit “$25,000”, substitute “250 penalty
units”.
171 Subclause 36(6) of Schedule 7
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
172 Clause 46 of Schedule 7
(penalty)
Omit “$25,000”, substitute “250 penalty
units”.
1 After paragraph 4(1)(c)
Insert:
(ca) an infrastructure licence; or