Commonwealth Numbered Regulations - Explanatory Statements

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OFFSHORE MINERALS (DATA LODGMENT AND REPORTING) REGULATIONS 1996 NO.85

STATUTORY RULES 1996 No. 85

Issued by the Authority of the Minister for Resources and Energy

Offshore Minerals Act 1994

Offshore Minerals (Data Lodgment and Reporting) Regulations

The Offshore Minerals Act 1994 (the Act) provides the legal framework for the exploration for, and the production of, minerals other than petroleum on Australia's continental shelf that is under Commonwealth jurisdiction. The Act is administered on a day-to-day basis by the States and the Northern Territory on behalf of the Commonwealth.

Section 440 of the Act provides that regulations may be prescribed for all matters which are either required, permitted, necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 124 of the Act provides that an exploration licence holder must keep whatever records, cores and samples and make whatever returns that are necessary to comply with the regulations and other provisions of the Act.

The Regulations detail the manner in which cores, samples, reports, returns and all other data derived from offshore minerals exploration authorised under the Act are to be kept and provided to the relevant authorities.

All States and the Northern Territory were consulted in the preparation of the Regulations.

Details of the Regulations are as follows.

Regulation 1 provides that the Regulations may be cited as the Offshore Minerals (Data Lodgment and Reporting) Regulations.

Regulation 2 outlines the purpose of the Regulations which, subject to the Act's confidentiality provisions, is to ensure that a storage and retrieval system is provided whereby data, samples and reports derived from authorised offshore minerals exploration activities are publicly available.

Regulation 3 defines the terms used in the Regulations.

Regulation 4 specifies the number of copies of an exploration report that is required as well as the time frame in which such reports are to be lodged. It also outlines the details to be included in an exploration report.

Regulation 5 outlines the form and manner in which exploration reports and any other information required are to be prepared and lodged.

Regulation 6 provides that a licence holder must comply with any request to supply information which was not contained in the exploration report within a time specified.

Regulation 7 provides that the relevant Designated Authority may grant, on request by a licence holder, an extension of time to comply with the provisions of these Regulations.

Regulation 8 provides that a licence holder may be requested to provide two representative portions of a sample to be delivered to a specified (sample repository) location.

Regulation 9 provides that a licence holder must keep a sample in good condition for at least one year after the end of the report period in which the sample was taken unless it receives written permission to dispose of it.

Regulation 10 provides that a licence holder must not, without reasonable excuse, knowingly give a misleading or false report and a penalty of 10 penalty points is specified.

The Regulations commenced on gazettal.