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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Petroleum
(Submerged Lands) Legislation Amendment Bill (No. 3)
2000
No. ,
2000
(Industry, Science and
Resources)
A Bill for an Act to amend the
Petroleum (Submerged Lands) Act 1967, and for other
purposes
ISBN: 0642 454507
Contents
Part 1—Transfer of power to the Designated
Authority 3
Part 2—Liability of officials
etc. 7
Part 3—Removal of property by permittee
etc. 9
Part 4—Datums 11
Part 5—Review of
decisions 18
A Bill for an Act to amend the Petroleum (Submerged
Lands) Act 1967, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Petroleum (Submerged Lands) Legislation
Amendment Act (No. 3) 2000.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Part 1 of Schedule 1 commences on the 28th day after the day
on which this Act receives the Royal Assent.
(3) Part 3 of Schedule 1 is taken to have commenced on
7 March 2000, immediately after the commencement of the items in
Schedule 1 to the Petroleum (Submerged Lands) Legislation Amendment Act
(No. 1) 2000 that commenced on that day.
(4) Part 4 of Schedule 1 commences at the end of the period of 6
months beginning on the day on which this Act receives the Royal
Assent.
(5) Schedule 3 is taken to have commenced on 30 July
1998.
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this Act is amended or repealed as set out in the applicable items in the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.
Part 1—Transfer
of power to the Designated Authority
1 Subsection 22A(6)
Omit “Joint Authority”, substitute “Designated
Authority”.
2 Paragraphs 22C(b) and (c)
Omit “Joint Authority”, substitute “Designated
Authority”.
3 Subsections 36(6), (7), (8) and
(9)
Omit “Joint Authority” (wherever occurring), substitute
“Designated Authority”.
4 Section 37
Omit “Joint Authority” (wherever occurring), substitute
“Designated Authority”.
5 Paragraph 38E(1)(a)
Omit “Joint Authority”, substitute “Designated
Authority”.
6 Paragraph 38H(3)(b)
Omit “Joint Authority” (wherever occurring), substitute
“Designated Authority”.
7 Subsection 38H(4)
Omit “Joint Authority”, substitute “Designated
Authority”.
8 Paragraph 39A(5)(b)
Omit “Joint Authority”, substitute “Designated
Authority”.
9 Paragraph 40(4)(b)
Omit “Joint Authority”, substitute “Designated
Authority”.
10 Subsection 78(1)
Omit “Joint Authority”, substitute “Designated
Authority”.
11 Subsection 78(2)
Omit “by the Joint Authority”.
12 Subsections 78(4), (6), (7), (9) and
(11)
Omit “Joint Authority” (wherever occurring), substitute
“Designated Authority”.
13 Subsections 81(2), (3), (5) and
(6)
Omit “Joint Authority” (wherever occurring), substitute
“Designated Authority”.
14 Subsections 81(10), (11), (12) and
(14)
Omit “Joint Authority” (wherever occurring), substitute
“Designated Authority”.
15 Subsection 81A(1)
Omit “Joint Authority” (wherever occurring), substitute
“Designated Authority”.
16 Subsection 84(1A)
Omit “by the Joint Authority”.
17 Subsection 85(1)
Omit “him or make available for inspection by him or by or on behalf
of the Joint Authority”, substitute “the Designated Authority or
make available for inspection by or on behalf of the Designated
Authority”.
18 Section 92
Omit “or the Joint Authority”.
19 Transitional—acts of the Joint
Authority to be attributed to the Designated Authority
(1) This item applies to any thing done by, or in relation to, the Joint
Authority under any of the following provisions of the Petroleum (Submerged
Lands) Act 1967 before the commencement of this item:
(a) subsection 22A(6);
(b) subsections 36(6) to (9) (inclusive);
(c) section 37;
(d) paragraph 38H(3)(b);
(e) subsection 38H(4);
(f) paragraph 39A(5)(b);
(g) paragraph 40(4)(b);
(h) section 78;
(i) section 81;
(j) subsection 81A(1);
(k) subsection 85(1).
(2) The thing has effect, after the commencement of this item, as if it had
been done by, or in relation to, the Designated Authority.
20 Transitional—references in instruments
to the Joint Authority become references to the Designated
Authority
(1) For the purposes of this item, an eligible instrument is
an instrument that:
(a) was in force immediately before the commencement of this item;
and
(b) contains a reference to the Joint Authority; and
(c) arises out of, or is connected with, anything done by, or in relation
to, the Joint Authority under any of the following provisions of the
Petroleum (Submerged Lands) Act 1967 before the commencement of this
item:
(i) subsection 22A(6);
(ii) subsections 36(6) to (9) (inclusive);
(iii) section 37;
(iv) paragraph 38H(3)(b);
(v) subsection 38H(4);
(vi) paragraph 39A(5)(b);
(vii) paragraph 40(4)(b);
(viii) section 78;
(ix) section 81;
(x) subsection 81A(1);
(xi) subsection 85(1).
(2) The Minister may, by writing, declare that a specified eligible
instrument has effect, after the commencement of this item, as if each reference
in the instrument to the Joint Authority were a reference to the Designated
Authority.
Note: An instrument may be specified by name, by inclusion
in a specified class or in any other way.
(3) A declaration under subitem (2) has effect accordingly.
(4) In this item:
instrument includes a document.
21
Transitional—regulations
The Governor-General may make regulations providing for matters of a
transitional nature arising from the amendments made by this Part.
Part 2—Liability
of officials etc.
22 Section 89
Repeal the section.
23 Subsection 140AA(2)
Omit “approval given in good faith under”, substitute
“act or matter in good faith done or omitted to be done in the exercise,
or purported exercise, of any power or authority conferred by”.
Note: The heading to section 140AA is altered by
omitting “approvals given” and substituting “acts or
matters done or omitted to be done”.
24 At the end of
section 140AA
Add:
(4) This section has effect subject to section 88.
(5) This section does not affect:
(a) any rights conferred on a person by the Administrative Decisions
(Judicial Review) Act 1977 to make an application to a court in respect
of:
(i) a decision; or
(ii) conduct engaged in for the purpose of making a decision; or
(iii) a failure to make a decision; or
(b) any other rights that a person has to seek a review by a court or
tribunal in respect of:
(i) a decision; or
(ii) conduct engaged in for the purpose of making a decision; or
(iii) a failure to make a decision.
(6) An expression used in subsection (5) has the same meaning as in
section 10 of the Administrative Decisions (Judicial Review) Act
1977.
25 Application of
amendments
The amendments made by this Part apply to acts or matters done or omitted
to be done after the commencement of this item.
Part 3—Removal
of property by permittee etc.
26 Subsections 107(1) and
(1A)
Repeal the subsections, substitute:
(1) 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;
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:
(f) 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, lease, licence, infrastructure licence or
pipeline licence or to make arrangements that are satisfactory to the Designated
Authority with respect to the property;
(g) to plug or close off, to the satisfaction of the Designated Authority,
all wells made in that area by any person engaged or concerned in those
operations;
(h) subject to this Part and to the regulations, to make provision, to the
satisfaction of the Designated Authority, for the conservation and protection of
the natural resources in that area;
(i) to make good, to the satisfaction of the Designated Authority, any
damage to the sea-bed or subsoil in that area caused by any person engaged or
concerned in those operations.
27 Paragraph 107(3)(b)
Repeal the paragraph, substitute:
(b) in the case of a direction given under subsection (2) in respect
of:
(i) a permit; or
(ii) a lease; or
(iii) a licence granted before the commencement of subsection 53(2) that
has not been renewed more than once;
on or before the date of expiration of the permit, lease or licence;
or
(c) in the case of a direction given under subsection (2) in respect
of:
(i) a licence (other than a licence to which paragraph (b) applies);
or
(ii) an infrastructure licence; or
(iii) a pipeline licence;
on or before the first date on which the licence, infrastructure licence
or pipeline licence can be terminated under this Part.
28 Transitional—section 107 of the
Petroleum (Submerged Lands) Act 1967
(1) This item applies if the Designated Authority purported to give a
notice under subsection 107(1A) of the Petroleum (Submerged Lands) Act
1967 during the period:
(a) beginning at the commencement of this item; and
(b) ending immediately before the day on which this Act received the Royal
Assent.
(2) The Petroleum (Submerged Lands) Act 1967 has effect, after the
commencement of this item, as if the notice had been given under subsection
107(1) of that Act as amended by this Part.
29 Subsection 5(1)
Insert:
datum means a reference frame for defining geographic
co-ordinates.
Note: If the position on the surface of the Earth of a
particular point is identified by a co-ordinate that is determined by reference
to a particular datum, the use of a different datum will result in the same
point being identified by a different co-ordinate.
30 Subsection 5(1)
Insert:
geographic co-ordinate includes:
(a) a meridian of longitude by itself; and
(b) a parallel of latitude by itself.
31 At the end of subsection
5A(7)
Add:
Note: For datum, see section 150M.
32 At the end of
section 17
Add:
Note: For datum, see section 150M.
33 After Part IIIA
Insert:
The main objects of this Division are:
(a) to maintain the use of the Australian Geodetic Datum to determine the
position of blocks and certain other areas; and
(b) to enable the position of a point, line, block or other area to be
described, in a title or other instrument under this Act, using another datum
(but not so as to change the position of a point, line, block or
area).
(1) For the purposes of this Act, the position on the surface of the Earth
of:
(a) a graticular section or block; or
(b) a parallel of latitude described in subsection 5A(7); or
(c) an area described in Schedule 2; or
(d) an area described in Schedule 6;
is to be determined by reference to the Australian Geodetic
Datum.
Note: Australian Geodetic Datum is defined in
section 150W.
(2) Subject to subsection (3), subsection (1) does not apply for
the purposes of describing, in a title or other instrument under this Act, the
position on the surface of the Earth of a point, line or area.
(3) Until a declaration under subsection 150N(1) takes effect, the
Australian Geodetic Datum applies for the purposes of describing, in a title or
other instrument under this Act, the position on the surface of the Earth of a
point, line or area.
(1) The regulations may declare that, for the purposes of describing, in a
title or other instrument under this Act, the position on the surface of the
Earth of a point, line or area:
(a) a specified datum is the current datum; and
(b) that datum replaces the previous datum.
(2) The previous datum is:
(a) if a datum is the first datum declared to be the current datum under
subsection (1)—the Australian Geodetic Datum; or
(b) in any other case—the datum that was the current datum
immediately before the changeover time.
(3) The changeover time is the time when the declaration
takes effect.
For the purposes of this Act, the position on the surface of the Earth of
the following:
(a) the permit area of a permit granted or renewed after the changeover
time;
(b) the lease area of a lease granted or renewed after the changeover
time;
(c) the licence area of a licence granted or renewed after the changeover
time;
(d) the infrastructure licence area of an infrastructure licence granted
after the changeover time;
(e) the area in respect of which a special prospecting authority granted
after the changeover time is in force;
(f) the area in respect of which an access authority granted after the
changeover time is in force;
(g) the route of a pipeline authorised by a pipeline licence granted after
the changeover time;
(h) a point, line or area set out in any other instrument under this Act
made after the changeover time;
is to be described by reference to the current datum, and the title or
instrument may be annotated accordingly.
(1) For the purposes of this Act, the position on the surface of the Earth
of the following:
(a) the permit area of a permit in force immediately before the changeover
time;
(b) the lease area of a lease in force immediately before the changeover
time;
(c) the licence area of a licence in force immediately before the
changeover time;
(d) the infrastructure licence area of an infrastructure licence in force
immediately before the changeover time;
(e) the area in respect of which a special prospecting authority in force
immediately before the changeover time is in force;
(f) the area in respect of which an access authority in force immediately
before the changeover time is in force;
(g) the route of a pipeline authorised by a pipeline licence in force
immediately before the changeover time;
(h) a point, line or area set out in any other instrument under this Act
in force immediately before the changeover time;
is to be described by reference to the previous datum.
(2) Subsection (1) has effect subject to section 150R.
(1) The regulations may authorise the Designated Authority to issue an
instrument varying a permit in force immediately before the changeover time for
the sole purpose of relabelling the permit area using geographic co-ordinates
based on the current datum.
(2) The regulations may authorise the Designated Authority to issue an
instrument varying a lease in force immediately before the changeover time for
the sole purpose of relabelling the lease area using geographic co-ordinates
based on the current datum.
(3) The regulations may authorise the Designated Authority to issue an
instrument varying a licence in force immediately before the changeover time for
the sole purpose of relabelling the licence area using geographic co-ordinates
based on the current datum.
(4) The regulations may authorise the Designated Authority to issue an
instrument varying an infrastructure licence in force immediately before the
changeover time for the sole purpose of relabelling the infrastructure licence
area using geographic co-ordinates based on the current datum.
(5) The regulations may authorise the Designated Authority to issue an
instrument varying a special prospecting authority or an access authority in
force immediately before the changeover time for the sole purpose of relabelling
the area in respect of which the authority is in force using geographic
co-ordinates based on the current datum.
(6) The regulations may authorise the Designated Authority to issue an
instrument varying a pipeline licence in force immediately before the changeover
time for the sole purpose of relabelling the route of the pipeline using
geographic co-ordinates based on the current datum.
(7) The regulations may authorise the Designated Authority to issue an
instrument varying any other instrument under this Act that:
(a) sets out a point, line or area; and
(b) is in force immediately before the changeover time;
for the sole purpose of relabelling the point, line or area using
geographic co-ordinates based on the current datum.
(8) The regulations may authorise the Designated Authority to issue an
instrument varying a title or other instrument under this Act for the sole
purpose of inserting an annotation about the applicable datum.
The regulations may authorise the Designated Authority to issue an
instrument varying an application for a title for the sole purpose of
relabelling a point, line or area by reference to geographic co-ordinates based
on the current datum.
This Division does not authorise any change to the position on the
surface of the Earth of a point, line or area.
The regulations may make provision for matters of a transitional nature
arising from the change from the previous datum to the current datum.
This Division has effect subject to section 150X.
Note: Section 150X deals with International Sea-bed
Agreements.
In this Division:
Australian Geodetic Datum means the Australian Geodetic Datum
as defined in Gazette No. 84 of 6 October 1966.
instrument under this Act does not include the
regulations.
this Act includes the regulations.
title means a permit, lease, licence, infrastructure licence,
pipeline licence, special prospecting authority or access authority.
(1) In this section:
International Sea-bed Agreement means:
(a) the Agreement between Australia and Indonesia establishing certain
sea-bed boundaries signed at Canberra on 18th May, 1971; or
(b) the Agreement between Australia and Indonesia establishing certain
sea-bed boundaries in the area of the Timor and Arafura Seas supplementary to
the Agreement referred to in paragraph (a) and signed at Jakarta on
9 October, 1972; or
(c) the Agreement between Australia and Indonesia concerning certain
boundaries between Papua New Guinea and Indonesia signed at Jakarta on
12 February, 1973; or
(d) the Treaty between Australia and the Independent State of Papua New
Guinea concerning sovereignty and maritime boundaries in the area between the 2
countries, including the area known as the Torres Strait, and related matters
that was signed at Sydney on 18 December 1978.
(2) If, for the purposes of this Act or the regulations, or for the
purposes of an instrument under this Act or the regulations, it is necessary to
determine the position on the surface of the Earth of a point or line specified
in an International Sea-bed Agreement, or of a point on, or part of, such a
line, that position must be determined in accordance with that Agreement or, if
that Agreement is varied, in accordance with that Agreement as varied for the
time being.
34 Sections 156 and
156A
Repeal the sections.
35 Schedule 2
Omit “Section 5”, substitute “Section 5A (for
datum, see section 150M)”.
36 Schedule 6
Omit “Section 140A”, substitute “Section 140A
(for datum, see section 150M)”.
37 Subsection 152(1) (definition of relevant
decision)
After “this Act”, insert “or the
regulations”.
38 Subsection 152(1) (paragraph (a) of the
definition of reviewable decision)
After “this Act”, insert “or the
regulations”.
39 Application of
amendments
The amendments made by this Part apply to decisions made after the
commencement of this item.
1 Paragraph 4(2)(b)
After “is to be”, insert “specified in,
or”.
2 Paragraph 4(2)(b)
Omit “with”, substitute “with,”.
1 Paragraph 47(1)(a) of
Schedule 1
Omit “items 39A to 39G”, substitute “items 40
to 46”.