Commonwealth Numbered Acts

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1980 No. 80, 1980 - SECT 60

60. The Principal Act is amended by adding at the end thereof the following
Schedules:

                                  "SCHEDULE 4                  Section 8D (9)
AGREEMENT BETWEEN THE GOVERNMENT OF THE COMMONWEALTH
AND THE GOVERNMENT OF WESTERN AUSTRALIA RELATING TO
LEGISLATION IN RESPECT OF OFF-SHORE PETROLEUM RESOURCES

THIS AGREEMENT is made the 23rd day of April, 1980, between the Government of
the Commonwealth of Australia and the Government of Western Australia.

WHEREAS the Governments of the Commonwealth and the States have agreed on
certain arrangements with respect to the regulation and control of the
exploration for, and exploitation of, the petroleum resources of the sea-bed
adjacent to Australia:

AND WHEREAS the legislation of the Commonwealth to give effect to those
arrangements is to establish a Joint Authority in respect of each State,
consisting of a Commonwealth Minister and a Minister of the relevant State:

AND WHEREAS that legislation is to provide that, in the event of disagreement
between the Commonwealth Minister and the State Minister on a matter before
the Joint Authority, the Commonwealth Minister is to have power to decide the
matter:

AND WHEREAS, by reason of special considerations affecting Western Australia,
the parties to this agreement consider it desirable that special provisions
should apply in relation to the exercise of that power of the
Commonwealth Minister as a member of the Joint Authority in respect of Western
Australia:

NOW IT IS HEREBY AGREED as follows:- Interpretation
1. In this agreement-



"the Act" means the Petroleum (Submerged Lands) Act 1967 of the Parliament of
the Commonwealth, as amended to give effect to the arrangements between the
Commonwealth and the States referred to in the preamble to this agreement;



"the Commonwealth Minister" means the Commonwealth Minister performing
functions as a member of the Joint Authority;



"the Joint Authority" means the Joint Authority established by the Act in
relation to Western Australia;



"the State" means Western Australia;



"the State Minister" means the State Minister performing functions as a member
of the Joint Authority. Exercise of certain powers of Commonwealth Minister
2. (1) If the members of the Joint Authority disagree with respect to the
decision to be made on a matter within the functions of that Joint Authority,
the Commonwealth Minister shall not exercise his power under the Act to decide
the matter unless-

   (a)  he is satisfied that the decision proposed by the State Minister would
        endanger or prejudice the national interest;

   (b)  he has, within 30 days after he has been informed of the decision
        proposed by the State Minister, or within such longer period as is,
        before the expiration of that period, agreed on between
        the Commonwealth Minister and the State Minister, informed
        the State Minister-

        (i)    of his intention to exercise that power;

        (ii)   of the decision which he proposes to make in the exercise of
               that power; and

        (iii)  in what respect he is satisfied that the national interest
               would be endangered or prejudiced by the decision proposed by
               the State Minister; and

   (c)  no representations of the Premier in accordance with sub-clause (2) of
        this clause have been received by the Prime Minister or, if such
        representations have been so received, sub-clause (4) of this clause
        has become applicable.

(2) If the Commonwealth Minister has informed the State Minister as referred
to in paragraph (b) of sub-clause (1) of this clause, the Premier of the State
may, within the period of 30 days from the day on which the State Minister was
so informed, or within such longer period as is, before the expiration of that
period, agreed upon between the Premier of the State and the Prime Minister,
make representations in writing to the Prime Minister concerning the matter.

(3) Where representations are made by the Premier in accordance with
sub-clause (2) of this clause, the Prime Minister shall, after consideration
of the matter by the Government of the Commonwealth, take such action as he
thinks appropriate with a view to resolution of the matter by a decision of
the Joint Authority in accordance with the Act and concurred in by both
members of the Joint Authority.

(4) Where representations have been made in accordance with sub-clause (2) of
this clause, the Commonwealth Minister may exercise his power under the Act to
decide the matter if, within 30 days after the representations were received
by the Prime Minister, the Prime Minister has informed the Premier that he is
satisfied that the matter cannot be resolved by a decision of the
Joint Authority in accordance with the Act and concurred in by both members of
the Joint Authority and that the decision that was proposed by the State
Minister would endanger or prejudice the national interest.

(5) If-

   (a)  the Commonwealth Minister has been informed of the decision proposed
        by the State Minister as referred to in paragraph (b) of sub-clause
        (1) of this clause, but the Commonwealth Minister has not informed
        the State Minister in accordance with that paragraph; or

   (b)  at the expiration of the period of 40 days after representations have
        been made by the Premier in accordance with sub-clause (2) of this
        clause a decision on the matter has not been made consistently with
        the foregoing provisions of this clause, the State Minister may cause
        the decision that was proposed by him to be recorded as the decision
        of the Joint Authority, and the decision so recorded shall be deemed
        to be a decision of the Joint Authority and to be as valid as if
        references in the Act to the opinion or state of mind of the Joint
        Authority were references to the opinion or state of mind of the State
        Minister. Act to give effect to agreement
3. The Government of the Commonwealth will include in the Bill presented to
the Parliament of the Commonwealth for giving effect to the arrangements
referred to in the preamble to this agreement provision for giving the
provisions of this agreement the force of law under and for the purposes of
the Act. SIGNED on behalf of THE GOVERNMENT OF ) THE COMMONWEALTH OF AUSTRALIA
) by
the Right Honourable MALCOLM FRASER,)     Malcolm Fraser the Prime Minister of

the Commonwealth,) in the presence of-                    )
Ian McCay SIGNED on behalf of the GOVERNMENT OF ) WESTERN AUSTRALIA by the
Honourable )
SIR CHARLES COURT, the Premier of the  )     Charles Court State, in the
presence of- Brian V. Johnson
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                                  "SCHEDULE 5                       Section 8E
The functions of the Designated Authority under the following provisions:
Sub-section 20 (1) Sub-section 20 (2) Sub-section 23 (1) Sub-section 31 (5)
Sub-section 36 (2) Sub-section 36 (3) Sub-section 36 (5) Sub-section 36 (6)
Sub-section 37 (2) Paragraph 40 (4) (b) Sub-sections 47 (1), (2) and (3)
Sub-section 71 (5) Sub-section 74 (1) Sub-section 103 (1), in respect only of
such variations, suspensions or exemptions in respect of permits, licences or
pipeline licences as are included in a class of variations,
suspensions or exemptions specified in writing by the Commonwealth Minister to
the Designated Authority as being of a major kind Sub-section 125 (1).".