New South Wales Consolidated Acts

PETROLEUM (OFFSHORE) ACT 1982

- As at 22 June 2023
- Act 23 of 1982

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Repeals, amendments and transitional provisions
   4.      (Repealed)
   5.      Definitions
   6.      Spaces above and below adjacent areas
   7.      Ascertaining points and other matters
   8.      Petroleum pool extending into 2 licence, permit or lease areas
   9.      Application of Act

   PART 2 - ADMINISTRATION OF THE COMMONWEALTH OFFSHORE AREA

   10.     Definition
   11.     Minister as member of Joint Authority
   12.     Minister as Designated Authority
   13.     Delegations under Commonwealth Act
   14.     Public servants performing functions under Commonwealth Act

   PART 3 - APPLICATION OF LAWS

   15.     Application of laws in the adjacent area
   16.     Jurisdiction of State courts

   PART 4 - MINING FOR PETROLEUM

           Division 1 - Preliminary

   17.     Delegation
   18.     Graticulation of Earth's surface and constitution of blocks
   19.     Reservation of blocks

           Division 2 - Exploration permits for petroleum

   20.     Exploration for petroleum
   21.     Advertisement of blocks
   22.     Application for permit
   23.     Grant or refusal of permit in relation to application
   24.     Application for permit in respect of surrendered etc blocks
   25.     Application fee etc
   26.     Consideration of application
   27.     Request by applicant for grant of permit in respect of advertised blocks
   28.     Grant of permit on request
   29.     Rights conferred by permit
   30.     Term of permit
   31.     Application for renewal of permit
   32.     Application for renewal of permit to be in respect of reduced area
   32A.    Certain permits cannot be renewed more than twice
   33.     Grant or refusal of renewal of permit
   34.     Conditions of permit
   35.     Discovery of petroleum to be notified
   36.     Directions by Minister on discovery of petroleum
   37.     Nomination of blocks as location
   38.     Declaration of location
   39.     Immediately adjoining blocks

           Division 2A - Retention leases for petroleum

   39A.    Application by permittee for lease
   39B.    Grant or refusal of lease in relation to application
   39BA.   Application of sections 39A and 39B where permit is transferred
   39C.    Rights conferred by lease
   39D.    Term of lease
   39E.    Notice of intention to cancel lease
   39F.    Application for renewal of lease
   39G.    Grant or refusal of renewal of lease
   39H.    Conditions of lease
   39I.    Discovery of petroleum to be notified
   39J.    Directions by Minister on discovery of petroleum

           Division 3 - Production licences for petroleum

   40.     Recovery of petroleum in adjacent area
   41.     Application for licence by holder of permit
   41A.    Application for licence by holder of lease
   42.     Application for licence
   43.     Determination of rate of royalty
   44.     Notification as to grant of licence
   45.     Grant of licence
   45A.    Application of sections 42-45 where permit etc transferred
   46.     Variation of licence area
   47.     Determination of permit as to block not taken up
   48.     Application for licence in respect of surrendered etc blocks
   49.     Application fee etc
   50.     Request by applicant for grant of licence
   51.     Grant of licence on request
   52.     Grant of licences in respect of individual blocks
   53.     Rights conferred by licence
   54.     Term of licence
   55.     Application for renewal of licence
   56.     Grant or refusal of renewal of licence
   57.     Conditions of licence
   58.     (Repealed)
   59.     Directions as to recovery of petroleum
   60.     Unit development

           Division 4 - Pipeline licences

   61.     Construction etc of pipelines etc
   62.     Acts done in an emergency etc
   63.     Removal of pipeline etc constructed in contravention of Act
   64.     Terminal station
   65.     Application for pipeline licence
   66.     Grant or refusal of pipeline licence
   67.     Rights conferred by pipeline licence
   68.     Term of pipeline licence
   69.     Application for renewal of pipeline licence
   70.     Grant or refusal of renewal of pipeline licence
   71.     Conditions of pipeline licence
   72.     Variation of pipeline licence on application by pipeline licensee
   73.     Variation of pipeline licence by Minister
   74.     Common carrier
   75.     Ceasing to operate pipeline

           Division 5 - Registration of instruments

   75A.    Definition
   76.     Register of certain instruments to be kept
   77.     Memorials to be entered of permits etc determined etc
   78.     Approval and registration of transfers
   79.     Entries in Register on devolution of title etc
   80.     (Repealed)
   81.     Approval of dealings creating etc interests etc in existing titles
   81A.    Approval of dealings in future interests etc
   82.     True consideration to be shown
   83.     Minister not concerned with certain matters
   84.     Power of Minister to require information as to dealings
   85.     Production and inspection of documents
   86.     Inspection of Register and documents
   87.     Evidentiary provisions
   87A.    Minister may make corrections to Register
   88.     Appeals
   89.     Minister not liable to certain actions
   90.     Offences
   91.     Assessment of fee
   92.     Imposition of registration fees

           Division 6 - General

   93.     Notice of grants of permits etc to be published
   94.     Date of effect of permits etc
   95.     Commencement of works
   96.     Work practices
   97.     Conditions relating to insurance
   98.     Maintenance etc of property
   99.     Sections 96 and 98 to have effect subject to this Act etc
   100.    Drilling near boundaries
   101.    Directions
   102.    Compliance with directions
   103.    Exemption
   104.    Suspension of rights conferred by permit or lease
   105.    Surrender of permits etc
   106.    Cancellation of permits etc
   107.    Cancellation of permit etc not affected by other provisions
   108.    Removal of property etc by permittee etc
   109.    Removal of property etc by Minister
   110.    Payment by instalments
   111.    Penalty for late payments of instalments etc
   112.    Special prospecting authorities
   113.    Access authorities
   114.    Sale of property
   115.    (Repealed)
   116.    Minister etc may require information to be furnished etc
   117.    Power to examine on oath
   118.    Failing to furnish information etc
   119.    Release of information
   120.    Safety zones
   121.    Discovery and use of water
   122.    Survey of wells etc
   123.    Records etc to be kept
   124.    Scientific investigations
   125.    Interference with other rights
   126.    Inspectors
   127.    Powers of inspectors
   128.    Property in petroleum
   129.    Certain payments to be made by State to Commonwealth
   130.    Determination to be disregarded in certain cases
   131.    Continuing offences
   132.    Prosecution of offences
   133.    Orders for forfeiture in respect of certain offences
   134.    Time for bringing proceedings for offences
   135.    Judicial notice
   136.    Service

           Division 6A - Powers of authorized persons

   136A.   Definitions
   136B.   Powers of authorized persons
   136C.   Search warrants
   136D.   Exercise of powers in serious circumstances

           Division 7 - Fees and royalties

   137.    Permit fees
   137A.   Lease fees
   138.    Licence fees
   139.    Pipeline licence fees
   140.    Time of payment of fees
   141.    Penalty for late payment
   142.    Fees and penalties debts due to the Crown
   143.    Royalty
   144.    Reduction of royalty in certain cases
   145.    Royalty not payable in certain cases
   146.    Ascertainment of well-head
   147.    Ascertainment of value
   148.    Ascertainment of quantity of petroleum recovered
   149.    Payment of royalty
   149A.   Royalty returns
   150.    Penalty for late payment of fees
   151.    (Repealed)
   151A.   Assessment and recovery of royalties
   151B.   Disclosure of royalty information

   PART 5 - REGULATIONS

   152.    Regulations
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5