Commonwealth Numbered Acts

PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1997 No. 94, 1997 - SCHEDULE 6

Schedule 6-Amendment of the Petroleum (Submerged Lands) Act 1967 1 Title
Omit "the Continental Shelf of Australia and of certain Territories of the
Commonwealth and of certain other Submerged Land", substitute ", and to the
transfer of Petroleum Resources (wherever recovered) across, the Continental
Shelf of Australia and of certain Territories of the Commonwealth and certain
other Submerged Land". 2 Subsection 5(1) (definition of petroleum)
Omit "in an adjacent area". 3 Subsection 5(1) (definition of pipeline)
After "adjacent area for conveying petroleum", insert ", whether the petroleum
is petroleum recovered from an adjacent area or not,". 4 Subsection 5(1)
(paragraph (d) of the definition of pipeline)
Repeal the paragraph, substitute:

   (d)  for conveying petroleum from a well, wherever located, to a terminal
        station in an adjacent area without passing through another terminal
        station; 5 After section 5A
Insert: 5AAA Effect of changes in the baseline of Australia's territorial sea
on pipeline licences

(1) If:

   (a)  a pipeline licence has been granted under this Act 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 is obtained or existing data is 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 pipeline licence as if the
               first- mentioned area were still within the adjacent area in
               respect of that State or Territory.

(2) Subsection (1) continues to apply to the area only while the pipeline
licence remains in force.

(3) If:

   (a)  a pipeline licence has been granted by a State or the Northern
        Territory on the basis that an area is within the coastal waters of
        that State or Territory; and

   (b)  there is a change to the baseline of Australia's territorial sea or,
        because new data is obtained or existing data is 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 pipeline licence is concerned,
               this Act does not apply to the first-mentioned area.

(4) Subsection (3) continues to apply to the area only while the pipeline
licence 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. 6 At the end of Part 1
Add: 8AA Act to apply subject to international obligations
The provisions of this Act relating to pipelines referred to in subsection
65(2A) have effect subject to the obligations of Australia under international
law, including obligations under any agreement between Australia and any other
country or countries. 7 Subsection 9(4) Repeal the subsection, substitute:

(4) The provisions referred to in subsection (1) apply in relation to all
acts, omissions, matters, circumstances and things touching, concerning,
arising out of or connected with:

   (a)  the exploration of the sea-bed or subsoil of the adjacent area for
        petroleum, and the exploitation of the natural resources (consisting
        of petroleum) of that sea-bed or subsoil; or

   (b)  the conveyance of petroleum (wherever recovered) across the adjacent
        area. 8 Paragraph 9(5)(a)
Omit all words after "touching,", substitute:
concerning, arising out of or connected with:

        (iii)  the exploration of the sea-bed or subsoil of the adjacent area
               for petroleum, or the exploitation of the natural resources
               (consisting of petroleum) of that sea-bed or subsoil; or

        (iv)   the conveyance of petroleum (wherever recovered) across the
               adjacent area; 9 Subsection 11(4)
Repeal the subsection, substitute:

(4) The provisions referred to in subsection (1) apply in relation to all
acts, omissions, matters, circumstances and things touching, concerning,
arising out of or connected with:

   (a)  the exploration of the sea-bed or subsoil of the adjacent area for
        petroleum, or the exploitation of the natural resources (consisting of
        petroleum) of that sea-bed or subsoil; or

   (b)  the conveyance of petroleum (wherever recovered) across the adjacent
        area. 10 Paragraph 11(5)(a)
Omit all words after "touching,", substitute:
concerning, arising out of or connected with:

        (iii)  the exploration of the sea-bed or subsoil of the adjacent area
               for petroleum, or the exploitation of the natural resources
               (consisting of petroleum) of that sea-bed or subsoil; or

        (iv)   the conveyance of petroleum (wherever recovered) across the
               adjacent area; 11 Subsection 64(1)
After "pipeline licence", insert ", whether or not that licence is for the
conveyance of petroleum recovered from an area within an adjacent area". 12
Subsection 64(2)
Omit "the licensee", substitute "the registered holder of the production
licence for that area (the licensee)". 13 Paragraph 64(3)(a)
Repeal the paragraph, substitute:

   (a)  a notice is published in the Gazette of an application by a person
        other than the registered holder of the production licence for a
        licence area for a pipeline licence in respect of the construction of
        the pipeline for the conveyance of petroleum recovered in that area;
        and 14 Subsection 64(4)
Omit "under this section", substitute "under subsection (1)". Note 1: The
following heading to subsection 64(1) is inserted "General requirements for
all applications for pipeline licences". Note 2: The following heading to
subsection 64(2) is inserted "Rights of production licensees following
application for certain pipeline licences by other persons". Note 3: The
following heading to subsection 64(3) is inserted "Joint Authority must refuse
application under subsection (2) if a successful application is made by
production licensee". Note 4: The following heading to subsection 64(4) is
inserted "Designated Authority may seek further information in relation to any
pipeline licence application". 15 Subsection 65(1)
Omit all words after "within or outside", substitute: that, or another,
adjacent area, the Joint Authority may, if:

   (a)  that person is not the registered holder of the production licence for
        that licence area; and

   (b)  the application has not been rejected under subsection 64(3); inform
        that person, by instrument in writing served on the person, that it is
        prepared to grant the person a pipeline licence. 16 Subsection 65(2)
Omit "the licensee", substitute "the registered holder of the production
licence for that licence area (the licensee)". 17 Subsection 65(2)
Omit "the licence is" (wherever occurring), substitute "the production licence
for that licence area is". 18 After subsection 65(2)
Insert:

(2A) If a person makes an application in accordance with section 64 for a
pipeline licence in respect of the construction in an adjacent area of a
pipeline for the conveyance of petroleum recovered from a place beyond the
outer limits of any adjacent area, the Joint Authority may inform the person,
by instrument in writing served on the person, that it is prepared to grant
the person a pipeline licence. 19 Subsection 65(3)
Omit "the licensee", substitute "the registered holder of the production
licence for that licence area (the licensee)". 20 Paragraph 65(3)(a)
Omit "the licence", substitute "the production licence". 21 Subsection 65(4)
Omit "to a licensee", substitute "for the conveyance of petroleum recovered in
a licence area to the registered holder of the production licence for that
area (the licensee)". 22 Subsection 65(5)
Omit "the licensee", substitute "the registered holder of the production
licence for a licence area". 23 Subsection 65(5)
Omit "a licence area", substitute "that licence area". 24 Subsections 65(7),
(8), (9), (10) and (11)
Omit "or (2)" (wherever occurring), substitute ", (2) or (2A)". Note 1: The
following heading to subsection 65(1) is inserted "Notification of
preparedness to grant pipeline licence relating to licence area to person
other than production licensee". Note 2: The following heading to subsection
65(2) is inserted "Notification of preparedness to grant pipeline licence
relating to licence area to production licensee". Note 3: The following
heading to subsection 65(2A) is inserted "Notification of preparedness to
grant other pipeline licences". Note 4: The following heading to subsection
65(3) is inserted "Joint Authority may refuse to grant pipeline licence
relating to licence area if production licence conditions not complied with,
etc.". Note 5: The following heading to subsection 65(4) is inserted "Joint
Authority must not refuse to grant pipeline licence to production licensee
under subsection (3) unless notice given". Note 6: The following heading to
subsection 65(5) is inserted "Joint Authority may refuse to grant pipeline
licence relating to a licence area to a person other than the production
licensee". Note 7: The following heading to subsection 65(7) is inserted
"Instrument indicating preparedness to grant a pipeline licence must specify
route of pipeline and conditions of licence". Note 8: The following heading to
subsection 65(8) is inserted "Route to be specified in respect of all pipeline
licences". Note 9: The following heading to subsection 65(9) is inserted "All
persons notified of preparedness to grant pipeline licence have 3 months to
request grant of licence". Note 10: The following heading to subsection 65(10)
is inserted "If request for grant of pipeline licence is made within due time,
Joint Authority must grant licence". Note 11: The following heading to
subsection 65(11) is inserted "If grant of pipeline licence not requested
within time, application for licence lapses". 25 Paragraph 67(1)(b)
Omit "where the Joint Authority is of the opinion that, having regard to the
dates of expiration of the licences", substitute "if, in the case of a
pipeline licence for the conveyance of petroleum from a licence area or
licence areas, the Joint Authority is of the opinion that, having regard to
the dates of expiration of the production licences for that area or for each
of those areas.".