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Western Australia
Petroleum Legislation Amendment Bill 2017
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Petroleum and Geothermal
Energy Resources Act 1967
amended
3. Act amended 3
4. Section 5 amended 3
5. Section 6A amended 4
6. Section 7A amended 5
7. Section 7B inserted 7
7B. Petroleum pool in, or extending into, other
areas 7
8. Section 37B inserted 16
37B. Grant of boundary-change permit 16
9. Section 39 amended 21
10. Section 40 amended 21
11. Section 41 amended 21
12. Section 42B inserted 22
42B. Limits on renewal of boundary-change
permits 22
13. Section 43 amended 23
14. Section 47 amended 25
15. Section 48CD inserted 27
48CD. Grant of petroleum retention lease as
result of change to boundary of offshore
area 27
16. Section 48D amended 30
17. Section 48H amended 30
18. Section 56 amended 31
10--1 page i
Petroleum Legislation Amendment Bill 2017
Contents
19. Section 61A inserted 32
61A. Grant of petroleum production licence as
result of change to boundary of offshore
area 32
20. Section 63 amended 35
21. Section 64 amended 35
22. Section 66 amended 36
23. Section 69 amended 37
24. Section 97A inserted 38
97A. Variation of petroleum title by including
area as result of change to boundary of
offshore area 38
Part 3 -- Petroleum (Submerged
Lands) Act 1982 amended
25. Act amended 46
26. Section 4 amended 46
27. Section 6A amended 47
28. Section 9 amended 47
29. Section 11 amended 53
30. Sections 13 and 14 deleted 53
31. Section 15 replaced 53
15. Public service officers performing
functions under Commonwealth Act 53
32. Section 27A inserted 54
27A. Grant of boundary-change permit 54
33. Section 29 amended 59
34. Section 30 amended 59
35. Section 31 amended 59
36. Section 32B inserted 60
32B. Limits on renewal of boundary-change
permits 60
37. Section 33 amended 61
38. Section 37 amended 63
39. Section 38CD inserted 65
38CD. Grant of lease as result of change to
boundary of offshore area 65
40. Section 38D amended 68
41. Section 38H amended 68
42. Section 46 amended 69
43. Section 51A inserted 70
51A. Grant of licence as result of change to
boundary of offshore area 70
page ii
Petroleum Legislation Amendment Bill 2017
Contents
44. Section 53 amended 73
45. Section 54 amended 73
46. Section 56 amended 74
47. Section 59 amended 75
48. Section 103A inserted 76
103A. Variation of petroleum title by including
area as result of change to boundary of
offshore area 76
page iii
Western Australia
LEGISLATIVE COUNCIL
Petroleum Legislation Amendment Bill 2017
A Bill for
An Act to amend the Petroleum and Geothermal Energy Resources
Act 1967 and the Petroleum (Submerged Lands) Act 1982.
The Parliament of Western Australia enacts as follows:
page 1
Petroleum Legislation Amendment Bill 2017
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Petroleum Legislation Amendment Act 2017.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
page 2
Petroleum Legislation Amendment Bill 2017
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 3
1 Part 2 -- Petroleum and Geothermal Energy Resources
2 Act 1967 amended
3 3. Act amended
4 This Part amends the Petroleum and Geothermal Energy
5 Resources Act 1967.
6 4. Section 5 amended
7 (1) In section 5(1) insert in alphabetical order:
8
9 boundary-change permit means a petroleum
10 exploration permit granted under section 37B;
11 Commonwealth Act means the Offshore Petroleum
12 and Greenhouse Gas Storage Act 2006
13 (Commonwealth);
14 Commonwealth lease means a petroleum retention
15 lease as defined in the Commonwealth Act section 7;
16 Commonwealth licence means a fixed-term petroleum
17 production licence as defined in the Commonwealth
18 Act section 7;
19 Commonwealth permit means a petroleum exploration
20 permit as defined in the Commonwealth Act section 7;
21 granted, in relation to a boundary-change permit, a
22 petroleum retention lease under section 48CD or a
23 petroleum production licence under section 61A,
24 means taken to have been granted;
25 offshore area has the meaning given in the Petroleum
26 (Submerged Lands) Act 1982 section 4;
27
page 3
Petroleum Legislation Amendment Bill 2017
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 5
1 (2) In section 5(1) in the definition of geothermal exploration
2 permit delete "issued under" and insert:
3
4 that confers the authority referred to in
5
6 (3) In section 5(1) in the definition of petroleum exploration permit
7 delete "issued under" and insert:
8
9 that confers the authority referred to in
10
11 (4) After section 5(8) insert:
12
13 (9) Notes in this Act are provided to assist understanding
14 and do not form part of the Act.
15
16 5. Section 6A amended
17 (1) In section 6A(1) insert in alphabetical order:
18
19 Commonwealth instrument means an instrument under
20 the Commonwealth Act that confers, in relation to the
21 offshore area, some or all of the rights that a permit,
22 lease or licence confers in relation to the inshore area;
23
24 (2) After section 6A(4) insert:
25
26 (5) If --
27 (a) a Commonwealth instrument has been granted
28 on the basis that an area (the second affected
29 area) is within the offshore area; and
page 4
Petroleum Legislation Amendment Bill 2017
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 6
1 (b) as a result of a change to the boundary of the
2 inshore area the second affected area --
3 (i) ceases to be within the offshore area;
4 and
5 (ii) falls within the inshore area,
6 then this Act does not apply to the second affected
7 area.
8 (6) Subsection (5) continues to apply in relation to the
9 second affected area only while the Commonwealth
10 instrument remains in force.
11
12 6. Section 7A amended
13 (1) In section 7A(2):
14 (a) delete "which an access" and insert:
15
16 which a geothermal access
17
18 (b) delete "petroleum pool or geothermal resources area,
19 being a pool or" and insert:
20
21 geothermal resources area, being an
22
23 (c) delete "access authority, any petroleum or" and insert:
24
25 geothermal access authority, any
26
27 (d) delete "under the licence" and insert:
28
29 under the geothermal production licence
30
page 5
Petroleum Legislation Amendment Bill 2017
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 6
1 (2) In section 7A(3):
2 (a) delete "petroleum pool or";
3 (b) delete "petroleum or" (each occurrence);
4 (c) delete "pool or" (each occurrence);
5 (d) delete "under the licence" and insert:
6
7 under the geothermal production licence
8
9 (3) In section 7A(5):
10 (a) delete "petroleum pool or";
11 (b) delete "to explore for, or recover, petroleum, or";
12 (c) delete "petroleum or" (each occurrence);
13 (d) delete "pool or" (each occurrence).
14 (4) In section 7A(7):
15 (a) in paragraph (a) delete "petroleum pool or";
16 (b) in paragraph (a) delete "to explore for or recover
17 petroleum, or";
18 (c) in paragraph (c) delete "petroleum or";
19 (d) in paragraph (c) delete "pool or";
20 (e) delete "all petroleum or" and insert:
21
22 all
23
24 (5) Delete section 7A(8) and insert:
25
26 (8) In this section --
27 (a) a reference to a geothermal production licence
28 includes a reference to a geothermal
29 exploration permit and a geothermal retention
30 lease; and
page 6
Petroleum Legislation Amendment Bill 2017
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 7
1 (b) a reference to a licensee is a reference to the
2 registered holder of a geothermal production
3 licence and includes a reference to a geothermal
4 permittee and a geothermal lessee; and
5 (c) a reference to a licence area is a reference to the
6 area constituted by the blocks that are the
7 subject of a geothermal production licence and
8 includes a reference to a geothermal permit area
9 and a geothermal lease area; and
10 (d) a reference to a State includes a reference to the
11 Northern Territory; and
12 (e) a reference to the Supreme Court is a reference
13 to the Supreme Court of the State, or of one of
14 the States, in which the petroleum pool is
15 wholly or partly situated.
16
17 Note: The heading to amended section 7A is to read:
18 Geothermal resources area in, or extending into, other areas
19 7. Section 7B inserted
20 After section 7A insert:
21
22 7B. Petroleum pool in, or extending into, other areas
23 (1) The provisions of this section have effect for the
24 purposes of this Act (including any Act with which this
25 Act is incorporated) and of licences (whether granted
26 before or after the commencement of this section).
27 (2) If a well-head is situated in a licence area or in an area
28 in respect of which a petroleum access authority is in
29 force (in this subsection called an access authority
30 area) and the well from that well-head is inclined so as
31 to enter a petroleum pool, being a pool that does not
32 extend to that licence area or access authority area, at a
33 place within an adjoining licence area of the same
page 7
Petroleum Legislation Amendment Bill 2017
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 7
1 licensee or registered holder of the petroleum access
2 authority, any petroleum recovered through that well is
3 taken to have been recovered in that adjoining licence
4 area under the petroleum production licence in respect
5 of that area.
6 (3) If a petroleum pool is partly in one licence area and
7 partly in an adjoining licence area of the same licensee
8 and petroleum is recovered from that pool through a
9 well or wells in one or both of the licence areas, there
10 is taken to have been recovered in each of the licence
11 areas, under the petroleum production licence in
12 respect of that area, such proportion of all petroleum so
13 recovered as may reasonably be treated as being
14 derived from that area, having regard to the nature and
15 probable extent of the pool, and the respective
16 proportions are to be determined in accordance with
17 subsection (4).
18 (4) The proportions to be determined for the purposes of
19 subsection (3) may be determined by agreement
20 between the licensee and the Minister or, in the
21 absence of agreement, may be determined by the
22 Supreme Court on the application of the licensee or the
23 Minister.
24 (5) If a petroleum pool is partly in a licence area and partly
25 in another area in which the licensee has authority
26 under another written law or a law of another State or
27 the Commonwealth to explore for, or recover,
28 petroleum, and petroleum is recovered from that pool
29 through a well or wells in the licence area, the other
30 area or both, there is taken to have been recovered in
31 the licence area such proportion of all petroleum so
32 recovered as may reasonably be treated as being
33 derived from the licence area, having regard to the
34 nature and probable extent of the pool, and that
page 8
Petroleum Legislation Amendment Bill 2017
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 7
1 proportion is to be determined in accordance with
2 subsection (6).
3 (6) The proportion to be determined for the purposes of
4 subsection (5) may be determined --
5 (a) in the case of a licensee having authority under
6 another written law, by agreement between --
7 (i) that licensee; and
8 (ii) the Minister; and
9 (iii) if the other written law is administered
10 by a Minister of the Crown other than
11 the Minister, that Minister of the Crown,
12 or, in the absence of agreement, may be
13 determined by the Supreme Court on the
14 application of that licensee, the Minister, or the
15 Minister of the Crown (if applicable) referred to
16 in subparagraph (iii); or
17 (b) in the case of a licensee having authority under
18 a law of another State, by agreement
19 between --
20 (i) that licensee; and
21 (ii) the Minister; and
22 (iii) the State Minister administering the law
23 of the other State,
24 or, in the absence of agreement, may be
25 determined by the Supreme Court on the
26 application of that licensee, the Minister or the
27 State Minister referred to in subparagraph (iii);
28 or
29 (c) in the case of a licensee having authority under
30 a law of the Commonwealth, by agreement
31 between --
32 (i) that licensee; and
33 (ii) the Minister; and
page 9
Petroleum Legislation Amendment Bill 2017
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 7
1 (iii) the Joint Authority,
2 or, in the absence of agreement, may be
3 determined by the Supreme Court on the
4 application of that licensee, the Minister or the
5 Joint Authority.
6 (7) In subsection (6) --
7 Joint Authority has the meaning given in the
8 Commonwealth Act section 7.
9 (8) If --
10 (a) an agreement is in force to explore for, or
11 recover, petroleum between --
12 (i) a licensee, the Minister and, if the other
13 written law mentioned in this
14 subparagraph is administered by a
15 Minister of the Crown other than the
16 Minister, that Minister of the Crown in
17 relation to a petroleum pool that is
18 partly in the licence area and partly in
19 another area (the other area) in which
20 the licensee has authority under another
21 written law; or
22 (ii) a licensee, the Minister and the State
23 Minister administering a law of another
24 State in relation to a petroleum pool that
25 is partly in the licence area and partly in
26 another area (the other area) in which
27 the licensee has authority under the law
28 of the other State; or
29 (iii) a licensee, the Minister and the Joint
30 Authority in relation to a petroleum pool
31 that is partly in the licence area and
32 partly in another area (the other area) in
33 which the licensee has authority under a
34 law of the Commonwealth;
page 10
Petroleum Legislation Amendment Bill 2017
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 7
1 and
2 (b) the agreement contains a provision (the
3 apportionment provision) that provides that,
4 for the purposes of this section, there is taken to
5 be recovered in the licence area a specified
6 proportion of all of the petroleum recovered
7 from the petroleum pool; and
8 (c) assuming that petroleum were recovered from
9 the part of the seabed that is within the areal
10 and vertical extents specified in the agreement,
11 the specified proportion would be consistent
12 with such proportion of all petroleum so
13 recovered as may reasonably be treated as
14 being derived from the licence area, having
15 regard to the nature and probable extent of the
16 petroleum in that part of the seabed; and
17 (d) the agreement contains a provision to the effect
18 that if it becomes apparent that the areal and
19 vertical extents of the petroleum pool, as
20 specified in the agreement, comprise or are
21 likely to comprise more than one petroleum
22 pool, the apportionment set out in the
23 apportionment provision will apply to the
24 petroleum recovered from any or all of those
25 petroleum pools, regardless of their location but
26 within those areal and vertical extents; and
27 (e) after the time of the making of the agreement, it
28 becomes apparent that the areal and vertical
29 extents of the petroleum pool, as specified in
30 the agreement, comprise, or are likely to
31 comprise, 2 or more petroleum pools; and
page 11
Petroleum Legislation Amendment Bill 2017
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 7
1 (f) petroleum is recovered from any of those
2 petroleum pools through a well or wells in the
3 licence area, the other area or both,
4 then --
5 (g) for the purposes of this Act, there is taken to
6 have been recovered in the licence area such
7 proportion of all petroleum so recovered as is
8 specified in the apportionment provision; and
9 (h) subsection (5) does not apply to any of those
10 petroleum pools.
11 (9) The question of whether there is or was a petroleum
12 pool covered by subsection (8)(a) is to be determined
13 on the basis of information known at the time of the
14 making of the relevant agreement referred to in that
15 provision.
16 (10) The question of whether subsection (8)(c) applies is to
17 be determined on the basis of information known at the
18 time of the commencement of the apportionment
19 provision.
20 (11) The location of any of the 2 or more petroleum pools
21 mentioned in subsection (8)(e) is immaterial.
22 (12) If --
23 (a) at a particular time after the commencement of
24 this section, a petroleum pool is partly in a
25 licence area and partly in another area (the
26 other area) in which the licensee has authority
27 under another written law or a law of another
28 State or the Commonwealth to explore for, or
29 recover, petroleum; and
30 (b) at that time, an agreement is made between --
31 (i) if the licensee has authority under
32 another written law -- the licensee, the
33 Minister and, if the other written law is
page 12
Petroleum Legislation Amendment Bill 2017
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 7
1 administered by a Minister of the Crown
2 other than the Minister, that Minister of
3 the Crown; or
4 (ii) if the licensee has authority under a law
5 of another State -- the licensee, the
6 Minister and the State Minister
7 administering the law of the other State;
8 or
9 (iii) if the licensee has authority under a law
10 of the Commonwealth -- the licensee,
11 the Minister and the Joint Authority;
12 and
13 (c) the agreement specifies a part of the seabed by
14 reference to its areal and vertical extents; and
15 (d) the areal and vertical extents of the specified
16 part consist of --
17 (i) the whole or a part of the licence area;
18 and
19 (ii) the whole or a part of the other area;
20 and
21 (e) the areal and vertical extents of the specified
22 part include the petroleum pool; and
23 (f) the agreement contains a provision (the
24 apportionment provision) that provides that,
25 for the purposes of this section, there is taken to
26 be recovered in the licence area a specified
27 proportion of all of the petroleum recovered
28 from the specified part; and
29 (g) assuming that petroleum were recovered from
30 the specified part, the specified proportion
31 would be consistent with such proportion of all
32 petroleum so recovered as may reasonably be
33 treated as being derived from the licence area,
page 13
Petroleum Legislation Amendment Bill 2017
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 7
1 having regard to the nature and probable extent
2 of the petroleum in the specified part; and
3 (h) petroleum is recovered from the specified part
4 through a well or wells in the licence area, the
5 other area or both,
6 then --
7 (i) for the purposes of this Act, there is taken to
8 have been recovered in the licence area such
9 proportion of all petroleum so recovered as is
10 specified in the apportionment provision; and
11 (j) subsection (5) does not apply to a petroleum
12 pool located in the specified part.
13 (13) The question of whether there is or was a petroleum
14 pool covered by subsection (12)(a) at a particular time
15 is to be determined on the basis of information known
16 at that time.
17 (14) The question of whether subsection (12)(g) applies is
18 to be determined on the basis of information known at
19 the time of the commencement of the apportionment
20 provision.
21 (15) If --
22 (a) a petroleum pool is partly in a licence area and
23 partly in another area, whether in the State or
24 not, in respect of which another person has
25 authority, whether under this Act or another
26 written law or under the law of another State or
27 the Commonwealth, to explore for or recover
28 petroleum; and
29 (b) a unit development agreement in accordance
30 with section 69 is in force between the licensee
31 and that other person; and
page 14
Petroleum Legislation Amendment Bill 2017
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 7
1 (c) petroleum is recovered from that pool through a
2 well or wells in the licence area, the other area
3 or both,
4 there is taken to have been recovered in the licence area
5 such proportion of all petroleum so recovered as is
6 specified in, or determined in accordance with, the
7 agreement referred to in paragraph (b).
8 (16) In this section --
9 (a) a reference to a petroleum production licence
10 includes a reference to a petroleum exploration
11 permit and a petroleum retention lease; and
12 (b) a reference to a licensee is a reference to the
13 registered holder of a petroleum production
14 licence and includes a reference to a petroleum
15 permittee and a petroleum lessee; and
16 (c) a reference to a licence area is a reference to the
17 area constituted by the blocks that are the
18 subject of a petroleum production licence and
19 includes a reference to a petroleum permit area
20 and a petroleum lease area; and
21 (d) a reference to a State includes a reference to the
22 Northern Territory; and
23 (e) a reference to the Supreme Court is a reference
24 to the Supreme Court of the State, or of one of
25 the States, in which the petroleum pool is
26 wholly or partly situated.
27
page 15
Petroleum Legislation Amendment Bill 2017
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 8
1 8. Section 37B inserted
2 After section 37A insert:
3
4 37B. Grant of boundary-change permit
5 (1) In this section --
6 section 27 block means --
7 (a) a block constituted as provided by section 27;
8 or
9 (b) if a graticular section is wholly within the area
10 that was covered by the Commonwealth permit
11 concerned -- the graticular section; or
12 (c) if a part only of a graticular section is within
13 the area that was covered by the
14 Commonwealth permit concerned -- that part
15 of the graticular section.
16 Note for this definition:
17 See also subsection (8).
18 (2) This section applies if --
19 (a) a Commonwealth permit has been granted on
20 the basis that an area (the relevant area) is
21 within the offshore area; and
22 (b) as a result of a change to the boundary of the
23 offshore area, the relevant area --
24 (i) ceases to be within the offshore area;
25 and
26 (ii) falls within the inshore area;
27 and
28 (c) either --
29 (i) the conditions set out in subsection (3)
30 are satisfied; or
page 16
Petroleum Legislation Amendment Bill 2017
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 8
1 (ii) the conditions set out in subsection (4)
2 are satisfied.
3 (3) The conditions mentioned in subsection (2)(c)(i) are --
4 (a) one or more, but not all, of the section 27
5 blocks that were covered by the
6 Commonwealth permit immediately before the
7 change are in the relevant area; and
8 (b) the Commonwealth permit subsequently ceases
9 to be in force at the same time (the relevant
10 time) --
11 (i) as to all of the section 27 blocks that
12 were covered by the Commonwealth
13 permit immediately before the change
14 and that are in the offshore area; and
15 (ii) otherwise than as the result of the
16 cancellation or surrender of the
17 Commonwealth permit.
18 (4) The conditions mentioned in subsection (2)(c)(ii)
19 are --
20 (a) all of the section 27 blocks that were covered
21 by the Commonwealth permit immediately
22 before the change are in the relevant area; and
23 (b) the Commonwealth permit subsequently ceases
24 to be in force at the same time (the relevant
25 time) --
26 (i) as to all of the section 27 blocks that
27 were covered by the Commonwealth
28 permit immediately before the change;
29 and
30 (ii) otherwise than as the result of the
31 cancellation or surrender of the
32 Commonwealth permit.
page 17
Petroleum Legislation Amendment Bill 2017
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 8
1 (5) If --
2 (a) assuming that --
3 (i) the change to the boundary of the
4 offshore area had not occurred; and
5 (ii) the relevant area had remained in the
6 offshore area,
7 the holder of the Commonwealth permit would
8 have been entitled to apply under the
9 Commonwealth Act for the renewal of the
10 Commonwealth permit in relation to all of the
11 section 27 blocks that are --
12 (iii) covered by the Commonwealth permit;
13 and
14 (iv) in the relevant area;
15 and
16 (b) there are one or more section 27 blocks (the
17 relevant section 27 blocks) that --
18 (i) correspond to the section 27 blocks
19 covered by paragraph (a); and
20 (ii) are in the inshore area; and
21 (iii) are not the subject of a variation under
22 section 97A,
23 the Minister is taken --
24 (c) to have granted the holder of the
25 Commonwealth permit a petroleum exploration
26 permit over those relevant section 27 blocks;
27 and
28 (d) to have done so immediately after the relevant
29 time mentioned in whichever of subsection (3)
30 or (4) is applicable.
31 Note for this subsection:
32 For the duration of the petroleum exploration permit, see
33 section 39(1A).
page 18
Petroleum Legislation Amendment Bill 2017
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 8
1 (6) If --
2 (a) assuming that --
3 (i) the change to the boundary of the
4 offshore area had not occurred; and
5 (ii) the relevant area had remained in the
6 offshore area,
7 the holder of the Commonwealth permit would
8 not have been entitled to apply under the
9 Commonwealth Act for the renewal of the
10 Commonwealth permit in relation to all of the
11 section 27 blocks that are --
12 (iii) covered by the Commonwealth permit;
13 and
14 (iv) in the relevant area;
15 and
16 (b) there are one or more section 27 blocks (the
17 relevant section 27 blocks) that --
18 (i) correspond to the section 27 blocks that
19 were covered by the Commonwealth
20 permit immediately before the change;
21 and
22 (ii) are in the inshore area; and
23 (iii) are not the subject of a variation under
24 section 97A,
25 the Minister is taken --
26 (c) to have granted the holder of the
27 Commonwealth permit a petroleum exploration
28 permit over those relevant section 27 blocks;
29 and
page 19
Petroleum Legislation Amendment Bill 2017
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
s. 8
1 (d) to have done so immediately after the relevant
2 time mentioned in whichever of subsection (3)
3 or (4) is applicable.
4 Note for this subsection:
5 For the duration of the petroleum exploration permit, see
6 section 39(1B).
7 (7) For the purposes of subsections (5) and (6), the
8 following provisions of the Commonwealth Act are to
9 be disregarded --
10 (a) the standard halving rules in section 123 of that
11 Act;
12 (b) the modified halving rules in section 124 of that
13 Act;
14 (c) a provision of a kind specified in the
15 regulations.
16 (8) If, after the change to the boundary of the offshore
17 area --
18 (a) a part of a section 27 block that was covered by
19 the Commonwealth permit immediately before
20 the change is in the offshore area; and
21 (b) the remaining part of the section 27 block is in
22 the inshore area,
23 then, for the purposes of this section (other than this
24 subsection), each of those parts is taken to constitute,
25 and to have always constituted, a section 27 block.
26 (9) An assumption in subsection (5)(a) or (6)(a) does not
27 affect subsection (8).
28
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Petroleum Legislation Amendment Bill 2017
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
s. 9
1 9. Section 39 amended
2 After section 39(1) insert:
3
4 (1A) Subject to this Part, a boundary-change permit granted
5 under section 37B(5) remains in force for a period of
6 5 years commencing on the day on which the permit is
7 granted.
8 (1B) Subject to this Part, a boundary-change permit granted
9 under section 37B(6) remains in force for a period of
10 12 months commencing on the day on which the permit
11 is granted.
12
13 10. Section 40 amended
14 In section 40(1) delete "sections 41 and 42A," and insert:
15
16 sections 41, 42A and 42B,
17
18 11. Section 41 amended
19 After section 41(6) insert:
20
21 (7) Subsections (1) to (5) do not apply to an application for
22 the renewal of a permit if --
23 (a) the permit was granted on the basis that an area
24 (the relevant area) was within the inshore area;
25 and
26 (b) as a result of a change to the boundary of the
27 offshore area, the relevant area --
28 (i) ceased to be within the inshore area; and
29 (ii) fell within the offshore area;
30 and
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Petroleum Legislation Amendment Bill 2017
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s. 12
1 (c) immediately before the change, the relevant
2 area was a part of the permit area.
3 (8) For the purposes of subsection (7) --
4 (a) section 6A is to be disregarded; and
5 (b) it is immaterial whether the change occurred
6 before, at or after the commencement day.
7 (9) In subsection (8)(b) --
8 commencement day means the day on which the
9 Petroleum Legislation Amendment Act 2017 section 11
10 comes into operation.
11
12 12. Section 42B inserted
13 After section 42A insert:
14
15 42B. Limits on renewal of boundary-change permits
16 (1) If --
17 (a) a boundary-change permit is granted under
18 section 37B(5); and
19 (b) the relevant Commonwealth permit that ceases
20 to be in force, as mentioned in
21 section 37B(3)(b) or (4)(b), was granted
22 otherwise than by way of renewal,
23 then --
24 (c) section 41 applies to an application for the
25 renewal of the boundary-change permit; and
26 (d) an application must not be made for the
27 renewal of the boundary-change permit if the
28 Minister has previously granted a renewal of
29 the permit.
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1 (2) If --
2 (a) a boundary-change permit is granted under
3 section 37B(5); and
4 (b) the relevant Commonwealth permit that ceases to
5 be in force, as mentioned in section 37B(3)(b) or
6 (4)(b), was granted by way of renewal,
7 an application must not be made for the renewal of the
8 boundary-change permit.
9 (3) If a boundary-change permit is granted under
10 section 37B(6), an application must not be made for the
11 renewal of the permit.
12
13 13. Section 43 amended
14 (1) After section 43(1) insert:
15
16 (1A) Subsection (1) does not apply to a boundary-change
17 permit.
18
19 (2) After section 43(2) insert:
20
21 (3) The Minister may, by written notice given to the
22 permittee, vary a boundary-change permit by imposing
23 one or more conditions to which the permit is subject.
24 (4) A notice under subsection (3) may only be given within
25 14 days after the grant of the boundary-change permit.
26 (5) A variation under subsection (3) takes effect on the day
27 on which notice of the variation is given to the
28 permittee.
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1 (6) If, when a boundary-change permit is granted, the
2 relevant Commonwealth permit that ceases to be in
3 force, as mentioned in section 37B(3)(b) or (4)(b), is of
4 a kind that corresponds to a petroleum exploration
5 permit granted under section 32(4) or 37, any or all of
6 the conditions mentioned in subsection (7) may be
7 specified in --
8 (a) the boundary-change permit; or
9 (b) a permit granted by way of the renewal of the
10 boundary-change permit.
11 (7) The following conditions are specified for the purposes
12 of subsection (6) --
13 (a) conditions requiring the permittee to carry out
14 work in, or in relation to, the permit area
15 (including conditions requiring the permittee to
16 carry out the work during a period of 12 months
17 or longer, or during periods each of which is
18 12 months or longer);
19 (b) conditions relating to the amounts that the
20 permittee must spend in carrying out such
21 work;
22 (c) conditions requiring the permittee to comply
23 with directions that --
24 (i) relate to the matters covered by
25 paragraphs (a) and (b); and
26 (ii) are given in accordance with the permit.
27 (8) Subsection (6) does not limit subsection (3).
28 (9) If --
29 (a) a boundary-change permit is granted; and
30 (b) the relevant Commonwealth permit that ceases
31 to be in force, as mentioned in
32 section 37B(3)(b) or (4)(b), is a cash-bid
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1 petroleum exploration permit, as defined in the
2 Commonwealth Act section 7,
3 the conditions mentioned in subsection (10) must not
4 be specified in --
5 (c) the boundary-change permit; or
6 (d) a permit granted by way of the renewal of the
7 boundary-change permit.
8 (10) The following conditions are specified for the purposes
9 of subsection (9) --
10 (a) conditions requiring the permittee to carry out
11 work in, or in relation to, the permit area;
12 (b) conditions requiring the permittee to spend
13 particular amounts on the carrying out of work
14 in, or in relation to, the permit area.
15
16 14. Section 47 amended
17 (1) Before section 47(1) insert:
18
19 (1A) In this section --
20 section 27 block means --
21 (a) a block constituted as provided by section 27;
22 or
23 (b) if a graticular section is wholly within the area
24 that was covered by the Commonwealth permit
25 concerned -- the graticular section; or
26 (c) if a part only of a graticular section is within
27 the area that was covered by the
28 Commonwealth permit concerned -- that part
29 of the graticular section.
30
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1 (2) After section 47(2) insert:
2
3 (2A) Subsection (2B) applies if --
4 (a) a boundary-change permit is granted over one
5 or more section 27 blocks; and
6 (b) immediately before the grant, those
7 section 27 blocks were, or were part of, a
8 location as defined in the Commonwealth Act
9 section 7; and
10 (c) apart from this subsection, those
11 section 27 blocks are not, and are not part of, a
12 location as defined in section 5 of this Act.
13 (2B) The Minister is taken --
14 (a) to have declared those section 27 blocks to be a
15 location; and
16 (b) to have done so immediately after the grant.
17 (2C) Subsection (2D) applies if --
18 (a) a permit is varied under section 97A so as to
19 include in the permit area one or more
20 section 27 blocks; and
21 (b) immediately before the variation, those
22 section 27 blocks were, or were part of, a
23 location as defined in the Commonwealth Act
24 section 7; and
25 (c) apart from this subsection, those section 27
26 blocks are not, and are not part of, a location as
27 defined in section 5 of this Act.
28 (2D) The Minister is taken --
29 (a) to have declared those section 27 blocks to be a
30 location; and
31 (b) to have done so immediately after the variation.
32
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1 15. Section 48CD inserted
2 After section 48CC insert:
3
4 48CD. Grant of petroleum retention lease as result of
5 change to boundary of offshore area
6 (1) In this section --
7 section 27 block means --
8 (a) a block constituted as provided by section 27;
9 or
10 (b) if a graticular section is wholly within the area
11 that was covered by the Commonwealth lease
12 concerned -- the graticular section; or
13 (c) if a part only of a graticular section is within
14 the area that was covered by the
15 Commonwealth lease concerned -- that part of
16 the graticular section.
17 Note for this definition:
18 See also subsection (6).
19 (2) This section applies if --
20 (a) a Commonwealth lease has been granted on the
21 basis that an area (the relevant area) is within
22 the offshore area; and
23 (b) as a result of a change to the boundary of the
24 offshore area, the relevant area --
25 (i) ceases to be within the offshore area;
26 and
27 (ii) falls within the inshore area;
28 and
29 (c) either --
30 (i) the conditions set out in subsection (3)
31 are satisfied; or
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s. 15
1 (ii) the conditions set out in subsection (4)
2 are satisfied;
3 and
4 (d) there are one or more section 27 blocks (the
5 relevant section 27 blocks) that --
6 (i) correspond to the section 27 blocks that
7 were covered by the Commonwealth
8 lease immediately before the change;
9 and
10 (ii) are in the inshore area; and
11 (iii) are not the subject of a variation under
12 section 97A.
13 (3) The conditions mentioned in subsection (2)(c)(i) are --
14 (a) one or more, but not all, of the section 27
15 blocks that were covered by the
16 Commonwealth lease immediately before the
17 change are in the relevant area; and
18 (b) the Commonwealth lease subsequently ceases
19 to be in force at the same time (the relevant
20 time) --
21 (i) as to all of the section 27 blocks that
22 were covered by the Commonwealth
23 lease immediately before the change
24 and that are in the offshore area; and
25 (ii) otherwise than as the result of the
26 cancellation or surrender of the
27 Commonwealth lease.
28 (4) The conditions mentioned in subsection (2)(c)(ii)
29 are --
30 (a) all of the section 27 blocks that were covered
31 by the Commonwealth lease immediately
32 before the change are in the relevant area; and
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1 (b) the Commonwealth lease subsequently ceases
2 to be in force at the same time (the relevant
3 time) --
4 (i) as to all of the section 27 blocks that
5 were covered by the Commonwealth
6 lease immediately before the change;
7 and
8 (ii) otherwise than as the result of the
9 cancellation or surrender of the
10 Commonwealth lease.
11 (5) The Minister is taken --
12 (a) to have granted the holder of the
13 Commonwealth lease a petroleum retention
14 lease over the relevant section 27 blocks; and
15 (b) to have done so immediately after the relevant
16 time mentioned in whichever of subsection (3)
17 or (4) is applicable.
18 Note for this subsection:
19 For the duration of the petroleum retention lease, see
20 section 48D(2).
21 (6) If, after the change to the boundary of the offshore
22 area --
23 (a) a part of a section 27 block that was covered by
24 the Commonwealth lease immediately before
25 the change is in the offshore area; and
26 (b) the remaining part of the section 27 block is in
27 the inshore area,
28 then, for the purposes of this section (other than this
29 subsection), each of those parts is taken to constitute,
30 and to have always constituted, a section 27 block.
31
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s. 16
1 16. Section 48D amended
2 (1) In section 48D:
3 (a) delete "Subject" and insert:
4
5 (1) Subject
6
7 (b) delete "otherwise)" and insert:
8
9 otherwise and other than a petroleum retention lease
10 granted under section 48CD)
11
12 (2) At the end of section 48D insert:
13
14 (2) Subject to this Part, a petroleum retention lease granted
15 under section 48CD remains in force for a period of
16 5 years commencing on the day on which the lease is
17 granted.
18
19 17. Section 48H amended
20 (1) After section 48H(1) insert:
21
22 (1A) Subsection (1) does not apply to a petroleum retention
23 lease granted under section 48CD.
24
25 (2) After section 48H(4) insert:
26
27 (5) The Minister may, by written notice given to the lessee,
28 vary a petroleum retention lease granted under
29 section 48CD by imposing one or more conditions to
30 which the lease is subject.
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1 (6) A notice under subsection (5) may only be given within
2 14 days after the grant of the petroleum retention lease.
3 (7) A variation under subsection (5) takes effect on the day
4 on which notice of the variation is given to the lessee.
5
6 18. Section 56 amended
7 After section 56(6) insert:
8
9 (7) This section does not apply in relation to a permit if --
10 (a) the permit has been granted on the basis that an
11 area (the relevant area) is within the inshore
12 area; and
13 (b) as a result of a change to the boundary of the
14 offshore area, the relevant area --
15 (i) ceases to be within the inshore area; and
16 (ii) falls within the offshore area;
17 and
18 (c) immediately before the change, the relevant
19 area was a part of the permit area.
20 (8) For the purposes of subsection (7) --
21 (a) section 6A is to be disregarded; and
22 (b) it is immaterial whether the change occurred
23 before, at or after the commencement day.
24 (9) In subsection (8)(b) --
25 commencement day means the day on which the
26 Petroleum Legislation Amendment Act 2017 section 18
27 comes into operation.
28
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s. 19
1 19. Section 61A inserted
2 After section 61 insert:
3
4 61A. Grant of petroleum production licence as result of
5 change to boundary of offshore area
6 (1) In this section --
7 section 27 block means --
8 (a) a block constituted as provided by section 27;
9 or
10 (b) if a graticular section is wholly within the area
11 that was covered by the Commonwealth licence
12 concerned -- the graticular section; or
13 (c) if a part only of a graticular section is within
14 the area that was covered by the
15 Commonwealth licence concerned -- that part
16 of the graticular section.
17 Note for this definition:
18 See also subsection (6).
19 (2) This section applies if --
20 (a) a Commonwealth licence has been granted on
21 the basis that an area (the relevant area) is
22 within the offshore area; and
23 (b) as a result of a change to the boundary of the
24 offshore area, the relevant area --
25 (i) ceases to be within the offshore area;
26 and
27 (ii) falls within the inshore area;
28 and
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s. 19
1 (c) either --
2 (i) the conditions set out in subsection (3)
3 are satisfied; or
4 (ii) the conditions set out in subsection (4)
5 are satisfied;
6 and
7 (d) there are one or more section 27 blocks (the
8 relevant section 27 blocks) that --
9 (i) correspond to the section 27 blocks that
10 were covered by the Commonwealth
11 licence immediately before the change;
12 and
13 (ii) are in the inshore area; and
14 (iii) are not the subject of a variation under
15 section 97A.
16 (3) The conditions mentioned in subsection (2)(c)(i) are --
17 (a) one or more, but not all, of the section 27
18 blocks that were covered by the
19 Commonwealth licence immediately before the
20 change are in the relevant area; and
21 (b) the Commonwealth licence subsequently ceases
22 to be in force at the same time (the relevant
23 time) --
24 (i) as to all of the section 27 blocks that
25 were covered by the Commonwealth
26 licence immediately before the change
27 and that are in the offshore area; and
28 (ii) otherwise than as the result of the
29 cancellation or surrender of the
30 Commonwealth licence.
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1 (4) The conditions mentioned in subsection (2)(c)(ii)
2 are --
3 (a) all of the section 27 blocks that were covered
4 by the Commonwealth licence immediately
5 before the change are in the relevant area; and
6 (b) the Commonwealth licence subsequently ceases
7 to be in force at the same time (the relevant
8 time) --
9 (i) as to all of the section 27 blocks that
10 were covered by the Commonwealth
11 licence immediately before the change;
12 and
13 (ii) otherwise than as the result of the
14 cancellation or surrender of the
15 Commonwealth licence.
16 (5) The Minister is taken --
17 (a) to have granted the holder of the
18 Commonwealth licence a petroleum production
19 licence over the relevant section 27 blocks; and
20 (b) to have done so immediately after the relevant
21 time mentioned in whichever of subsection (3)
22 or (4) is applicable.
23 Note for this subsection:
24 For the duration of the licence, see section 63(3).
25 (6) If, after the change to the boundary of the offshore
26 area --
27 (a) a part of a section 27 block that was covered by
28 the Commonwealth licence immediately before
29 the change is in the offshore area; and
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s. 20
1 (b) the remaining part of the section 27 block is in
2 the inshore area,
3 then, for the purposes of this section (other than this
4 subsection), each of those parts is taken to constitute,
5 and to have always constituted, a section 27 block.
6
7 20. Section 63 amended
8 (1) In section 63(2) delete "section 41(3)" and insert:
9
10 section 41(3), other than a petroleum production licence granted
11 under section 61A,
12
13 (2) After section 63(2) insert:
14
15 (3) Subject to this Part, a petroleum production licence
16 granted under section 61A remains in force for the
17 period of 21 years commencing on the day on which
18 the licence is granted.
19
20 21. Section 64 amended
21 (1) Delete section 64(1) and insert:
22
23 (1) Subject to this section, a licensee under a licence to
24 which section 63(1)(a) or (b) or (3) applies may, from
25 time to time, make an application to the Minister for
26 the renewal of the licence.
27
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s. 22
1 (2) After section 64(3) insert:
2
3 (4) If --
4 (a) a petroleum production licence is granted under
5 section 61A; and
6 (b) the relevant Commonwealth licence that ceases
7 to be in force, as mentioned in
8 section 61A(3)(b) or (4)(b), was granted
9 otherwise than by way of renewal,
10 an application must not be made for the renewal of the
11 petroleum production licence if the Minister has
12 previously granted a renewal of the licence.
13 (5) If --
14 (a) a petroleum production licence is granted under
15 section 61A; and
16 (b) the relevant Commonwealth licence that ceases
17 to be in force, as mentioned in
18 section 61A(3)(b) or (4)(b), was granted by
19 way of renewal,
20 an application must not be made for the renewal of the
21 petroleum production licence.
22
23 22. Section 66 amended
24 After section 66(2) insert:
25
26 (3) Subsection (1) does not apply to a petroleum
27 production licence granted under section 61A.
28 (4) The Minister may, by written notice given to the
29 licensee, vary a petroleum production licence granted
30 under section 61A by imposing one or more conditions
31 to which the licence is subject.
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1 (5) A notice under subsection (4) may only be given within
2 14 days after the grant of the petroleum production
3 licence.
4 (6) A variation under subsection (4) takes effect on the day
5 on which notice of the variation is given to the
6 licensee.
7
8 23. Section 69 amended
9 (1) Before section 69(1) insert:
10
11 (1A) In this section --
12 Joint Authority and offshore area have the respective
13 meanings given in the Commonwealth Act section 7.
14
15 (2) In section 69(1)(a)(i) delete "State or of the Northern Territory,"
16 and insert:
17
18 State, the Northern Territory or the Commonwealth,
19
20 (3) In section 69(11):
21 (a) in paragraph (b) delete "Territory," and insert:
22
23 Territory; or
24
25 (b) after paragraph (b) insert:
26
27 (c) the offshore area,
28
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s. 24
1 (c) delete "another State or a Territory referred to in
2 paragraph (a)." and insert:
3
4 the other State or the Territory if paragraph (a) or (b)
5 applies and with the Joint Authority if paragraph (c)
6 applies.
7
8 (4) In section 69(11a) delete "another State or a Territory referred
9 to in paragraph (a)." and insert:
10
11 the other State or the Territory.
12
13 (5) In section 69(12) delete "concerned." and insert:
14
15 concerned and with the approval of the Joint Authority if
16 subsection (11)(c) applies.
17
18 24. Section 97A inserted
19 After section 97 insert:
20
21 97A. Variation of petroleum title by including area as
22 result of change to boundary of offshore area
23 (1) In this section --
24 Commonwealth title means --
25 (a) a Commonwealth permit; or
26 (b) a Commonwealth lease; or
27 (c) a Commonwealth licence;
28 fixed-term WA petroleum production licence means a
29 petroleum production licence granted for a fixed period
30 of years;
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s. 24
1 petroleum title means a petroleum exploration permit,
2 petroleum retention lease or fixed-term WA petroleum
3 production licence;
4 section 27 block means --
5 (a) a block constituted as provided by section 27;
6 or
7 (b) if a graticular section is wholly within the area
8 that was covered by the Commonwealth title
9 concerned -- the graticular section; or
10 (c) if a part only of a graticular section is within
11 the area that was covered by the
12 Commonwealth title concerned -- that part of
13 the graticular section.
14 Note for this definition:
15 See also subsection (14).
16 (2) This section applies if --
17 (a) a Commonwealth title has been granted on the
18 basis that an area (the relevant area) is within
19 the offshore area; and
20 (b) as a result of a change to the boundary of the
21 offshore area, the relevant area --
22 (i) ceases to be within the offshore area;
23 and
24 (ii) falls within the inshore area;
25 and
26 (c) either --
27 (i) the conditions set out in subsection (3)
28 are satisfied; or
29 (ii) the conditions set out in subsection (4)
30 are satisfied;
31 and
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s. 24
1 (d) immediately before the relevant time mentioned
2 in whichever of subsection (3) or (4) is
3 applicable --
4 (i) the Commonwealth title was held by the
5 registered holder of a petroleum title
6 that corresponds to the Commonwealth
7 title; and
8 (ii) at least one section 27 block covered by
9 the petroleum title immediately adjoined
10 at least one other section 27 block that
11 was covered by the Commonwealth title
12 and that is in the relevant area;
13 and
14 (e) before the relevant time mentioned in
15 whichever of subsection (3) or (4) is
16 applicable --
17 (i) the registered holder of the
18 Commonwealth title; and
19 (ii) the registered holder of the petroleum
20 title,
21 gave the Minister a written notice electing to
22 accept the variation under this section of the
23 petroleum title.
24 Note for this subsection:
25 For when a petroleum title corresponds to a Commonwealth
26 title, see subsection (13).
27 (3) The conditions mentioned in subsection (2)(c)(i) are --
28 (a) one or more, but not all, of the section 27
29 blocks that were covered by the
30 Commonwealth title immediately before the
31 change are in the relevant area; and
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s. 24
1 (b) the Commonwealth title subsequently ceases to
2 be in force at the same time (the relevant
3 time) --
4 (i) as to all of the section 27 blocks that
5 were covered by the Commonwealth
6 title immediately before the change and
7 that are in the offshore area; and
8 (ii) otherwise than as the result of the
9 cancellation or surrender of the
10 Commonwealth title.
11 (4) The conditions mentioned in subsection (2)(c)(ii)
12 are --
13 (a) all of the section 27 blocks that were covered
14 by the Commonwealth title immediately before
15 the change are in the relevant area; and
16 (b) the Commonwealth title subsequently ceases to
17 be in force at the same time (the relevant
18 time) --
19 (i) as to all of the section 27 blocks that
20 were covered by the Commonwealth
21 title immediately before the change; and
22 (ii) otherwise than as the result of the
23 cancellation or surrender of the
24 Commonwealth title.
25 (5) If the conditions set out in subsection (2)(d) and (e) are
26 met in relation to only one petroleum title, that
27 petroleum title is the relevant petroleum title for the
28 purposes of this section.
29 (6) If the conditions set out in subsection (2)(d) and (e)
30 would, apart from this subsection, be met in relation to
31 2 or more petroleum titles that have the same registered
32 holder, the Minister must, by written notice given to
33 the registered holder, declare that one of those
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s. 24
1 petroleum titles is the relevant petroleum title for the
2 purposes of this section.
3 (7) If the relevant petroleum title is a petroleum
4 exploration permit --
5 (a) the Minister must, by written notice given to
6 the permittee, vary the permit to include in the
7 permit area all of the section 27 blocks that --
8 (i) correspond to the section 27 blocks that
9 were covered by the Commonwealth
10 title immediately before the change; and
11 (ii) are in the inshore area;
12 and
13 (b) the section 27 blocks included in the permit
14 area because of the variation are, for the
15 remainder of the term of the permit, blocks in
16 relation to which the permit is in force.
17 (8) If the relevant petroleum title is a petroleum retention
18 lease --
19 (a) the Minister must, by written notice given to
20 the lessee, vary the lease to include in the lease
21 area all of the section 27 blocks that --
22 (i) correspond to the section 27 blocks that
23 were covered by the Commonwealth
24 title immediately before the change; and
25 (ii) are in the inshore area;
26 and
27 (b) the section 27 blocks included in the lease area
28 because of the variation are, for the remainder
29 of the term of the lease, blocks in relation to
30 which the lease is in force.
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1 (9) If the relevant petroleum title is a petroleum production
2 licence --
3 (a) the Minister must, by written notice given to
4 the licensee, vary the licence to include in the
5 licence area all of the section 27 blocks that --
6 (i) correspond to the section 27 blocks that
7 were covered by the Commonwealth
8 title immediately before the change; and
9 (ii) are in the inshore area;
10 and
11 (b) the section 27 blocks included in the licence
12 area because of the variation are, for the
13 remainder of the term of the licence, blocks in
14 relation to which the licence is in force.
15 (10) Subsections (7)(b), (8)(b) and (9)(b) have effect subject
16 to this Part.
17 (11) A variation mentioned in subsection (7)(a), (8)(a) or
18 (9)(a) takes effect immediately after the relevant time
19 mentioned in whichever of subsection (3) or (4) is
20 applicable.
21 (12) For the purposes of this section, a section 27 block
22 immediately adjoins another section 27 block if --
23 (a) the graticular section that constitutes or
24 includes that section 27 block and the graticular
25 section that constitutes or includes that other
26 section 27 block --
27 (i) have a side in common; or
28 (ii) are joined together at one point only;
29 or
30 (b) that section 27 block and that other section 27
31 block are in the same graticular section.
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s. 24
1 (13) For the purposes of this section --
2 (a) a petroleum exploration permit granted
3 otherwise than by way of renewal corresponds
4 to a Commonwealth permit granted otherwise
5 than by way of renewal; and
6 (b) a petroleum retention lease corresponds to a
7 Commonwealth lease; and
8 (c) a fixed-term WA petroleum production licence
9 granted otherwise than by way of renewal
10 corresponds to a Commonwealth licence
11 granted otherwise than by way of renewal; and
12 (d) a petroleum exploration permit granted by way
13 of first renewal corresponds to a
14 Commonwealth permit granted by way of first
15 renewal; and
16 (e) a fixed-term WA petroleum production licence
17 granted by way of first renewal corresponds to
18 a Commonwealth licence granted by way of
19 first renewal; and
20 (f) a petroleum exploration permit granted by way
21 of second renewal corresponds to a
22 Commonwealth permit granted by way of
23 second renewal; and
24 (g) a fixed-term WA petroleum production licence
25 granted by way of second or subsequent
26 renewal corresponds to a fixed-term petroleum
27 production licence, as defined in the
28 Commonwealth Act section 7, granted by way
29 of second or subsequent renewal.
30 (14) If, after the change to the boundary of the offshore
31 area --
32 (a) a part of a section 27 block that was covered by
33 the Commonwealth title immediately before the
34 change is in the offshore area; and
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amended
s. 24
1 (b) the remaining part of the section 27 block is in
2 the inshore area,
3 then, for the purposes of this section (other than this
4 subsection), each of those parts is taken to constitute,
5 and to have always constituted, a section 27 block.
6
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Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 25
1 Part 3 -- Petroleum (Submerged Lands)
2 Act 1982 amended
3 25. Act amended
4 This Part amends the Petroleum (Submerged Lands) Act 1982.
5 26. Section 4 amended
6 (1) In section 4 delete "In" and insert:
7
8 (1) In
9
10 (2) In section 4 delete the definition of interstate Minister.
11 (3) In section 4 insert in alphabetical order:
12
13 boundary-change permit means a permit granted
14 under section 27A;
15 Commonwealth lease means a petroleum retention
16 lease as defined in the Commonwealth Act section 7;
17 Commonwealth licence means a fixed-term petroleum
18 production licence as defined in the Commonwealth
19 Act section 7;
20 Commonwealth permit means a petroleum exploration
21 permit as defined in the Commonwealth Act section 7;
22 granted, in relation to a boundary-change permit, a
23 lease under section 38CD or a licence under
24 section 51A, means taken to have been granted;
25
26 (4) In section 4 in the definition of permit delete "Part III;" and
27 insert:
28
29 Part III, including a boundary-change permit;
30
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Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 27
1 (5) At the end of section 4 insert:
2
3 (2) Notes in this Act are provided to assist understanding
4 and do not form part of the Act.
5
6 27. Section 6A amended
7 (1) In section 6A(3)(b) delete "waters" and insert:
8
9 area
10
11 (2) In section 6A(5)(b) delete "waters the first" and insert:
12
13 area the second
14
15 28. Section 9 amended
16 (1) Before section 9(1) insert:
17
18 (1A) In this section --
19 Joint Authority has the meaning given in the
20 Commonwealth Act section 7.
21
22 (2) After section 9(7) insert:
23
24 (7A) If a petroleum pool is partly in a licence area and partly
25 in another area (in this subsection called the other
26 area) in which the licensee has authority, under another
27 written law, to explore for or recover petroleum, and
28 petroleum is recovered from that pool through a well or
29 wells in the licence area, the other area or both, there is
30 taken to have been recovered in the licence area such
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Part 3 Petroleum (Submerged Lands) Act 1982 amended
s. 28
1 proportion of all petroleum so recovered as may
2 reasonably be treated as being derived from that area,
3 having regard to the nature and probable extent of the
4 pool, and that proportion is to be determined in
5 accordance with subsection (7B).
6 (7B) The proportion to be determined for the purposes of
7 subsection (7A) may be determined by agreement
8 between the licensee, the Minister and, if the other
9 written law is administered by a Minister of the Crown
10 other than the Minister, that Minister of the Crown or,
11 in the absence of agreement, may be determined by the
12 Supreme Court on the application of any of those
13 persons.
14
15 (3) After section 9(8) insert:
16
17 (8A) If --
18 (a) an agreement is in force to explore for, or
19 recover, petroleum between --
20 (i) a licensee, the Joint Authority and the
21 Minister in relation to a petroleum pool
22 that is partly in the licence area and
23 partly in another area (the other area) in
24 which the licensee has authority under
25 the Commonwealth Act; or
26 (ii) a licensee, the Minister and the Minister
27 administering a corresponding law in
28 relation to a petroleum pool that is
29 partly in the licence area and partly in
30 another area (the other area) in which
31 the licensee has authority under the
32 corresponding law; or
33 (iii) a licensee, the Minister and, if the other
34 written law mentioned in this
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1 subparagraph is administered by a
2 Minister of the Crown other than the
3 Minister, that Minister of the Crown in
4 relation to a petroleum pool that is
5 partly in the licence area and partly in
6 another area (the other area) in which
7 the licensee has authority under another
8 written law;
9 and
10 (b) the agreement contains a provision (the
11 apportionment provision) that provides that,
12 for the purposes of this section, there is taken to
13 be recovered in the licence area a specified
14 proportion of all of the petroleum recovered
15 from the petroleum pool; and
16 (c) assuming that petroleum were recovered from
17 the part of the seabed that is within the areal
18 and vertical extents specified in the agreement,
19 the specified proportion would be consistent
20 with such proportion of all petroleum so
21 recovered as may reasonably be treated as
22 being derived from the licence area, having
23 regard to the nature and probable extent of the
24 petroleum in that part of the seabed; and
25 (d) the agreement contains a provision to the effect
26 that if it becomes apparent that the areal and
27 vertical extents of the petroleum pool, as
28 specified in the agreement, comprise or are
29 likely to comprise more than one petroleum
30 pool, the apportionment set out in the
31 apportionment provision will apply to the
32 petroleum recovered from any or all of those
33 petroleum pools, regardless of their location but
34 within those areal and vertical extents; and
35 (e) after the time of the making of the agreement, it
36 becomes apparent that the areal and vertical
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1 extents of the petroleum pool, as specified in
2 the agreement, comprise, or are likely to
3 comprise, 2 or more petroleum pools; and
4 (f) petroleum is recovered from any of those
5 petroleum pools through a well or wells in the
6 licence area, the other area or both,
7 then --
8 (g) for the purposes of this Act, there is taken to
9 have been recovered in the licence area such
10 proportion of all petroleum so recovered as is
11 specified in the apportionment provision; and
12 (h) subsection (4), (6) or (7A), as the case requires,
13 does not apply to any of those petroleum pools.
14 (8B) The question of whether there is or was a petroleum
15 pool covered by subsection (8A)(a) is to be determined
16 on the basis of information known at the time of the
17 making of the relevant agreement referred to in that
18 provision.
19 (8C) The question of whether subsection (8A)(c) applies is
20 to be determined on the basis of information known at
21 the time of the commencement of the apportionment
22 provision.
23 (8D) The location of any of the 2 or more petroleum pools
24 mentioned in subsection (8A)(e) is immaterial.
25 (8E) If --
26 (a) at a particular time after the commencement
27 day, a petroleum pool is partly in a licence area
28 and partly in another area (the other area) in
29 which the licensee has authority under the
30 Commonwealth Act, a corresponding law or
31 another written law to explore for, or recover,
32 petroleum; and
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1 (b) at that time, an agreement is made between --
2 (i) if the licensee has authority under the
3 Commonwealth Act -- the licensee, the
4 Joint Authority and the Minister; or
5 (ii) if the licensee has authority under a
6 corresponding law -- the licensee, the
7 Minister and the Minister administering
8 the corresponding law; or
9 (iii) if the licensee has authority under
10 another written law -- the licensee, the
11 Minister and, if the other written law is
12 administered by a Minister of the Crown
13 other than the Minister, that Minister of
14 the Crown;
15 and
16 (c) the agreement specifies a part of the seabed by
17 reference to its areal and vertical extents; and
18 (d) the areal and vertical extents of the specified
19 part consist of --
20 (i) the whole or a part of the licence area;
21 and
22 (ii) the whole or a part of the other area;
23 and
24 (e) the areal and vertical extents of the specified
25 part include the petroleum pool; and
26 (f) the agreement contains a provision (the
27 apportionment provision) that provides that,
28 for the purposes of this section, there is taken to
29 be recovered in the licence area a specified
30 proportion of all of the petroleum recovered
31 from the specified part; and
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1 (g) assuming that petroleum were recovered from
2 the specified part, the specified proportion
3 would be consistent with such proportion of all
4 petroleum so recovered as may reasonably be
5 treated as being derived from the licence area,
6 having regard to the nature and probable extent
7 of the petroleum in the specified part; and
8 (h) petroleum is recovered from the specified part
9 through a well or wells in the licence area, the
10 other area or both,
11 then --
12 (i) for the purposes of this Act, there is taken to
13 have been recovered in the licence area such
14 proportion of all petroleum so recovered as is
15 specified in the apportionment provision; and
16 (j) subsection (4), (6) or (7A), as the case requires,
17 does not apply to a petroleum pool located in
18 the specified part.
19 (8F) The question of whether there is or was a petroleum
20 pool covered by subsection (8E)(a) at a particular time
21 is to be determined on the basis of information known
22 at that time.
23 (8G) The question of whether subsection (8E)(g) applies is
24 to be determined on the basis of information known at
25 the time of the commencement of the apportionment
26 provision.
27 (8H) In subsection (8E)(a) --
28 commencement day means the day on which the
29 Petroleum Legislation Amendment Act 2017 section 28
30 comes into operation.
31
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1 (4) In section 9(9)(a) after "this Act," insert:
2
3 another written law,
4
5 Note: The heading to amended section 9 is to read:
6 Petroleum pool extending into 2 licence areas or other areas
7 29. Section 11 amended
8 (1) In section 11 delete the definition of Designated Authority.
9 (2) In section 11 in the definition of Commonwealth Act
10 paragraph (d) delete "(Commonwealth);" and insert:
11
12 (Commonwealth).
13
14 Note: The heading to amended section 11 is to read:
15 Term used: Commonwealth Act
16 30. Sections 13 and 14 deleted
17 Delete sections 13 and 14.
18 31. Section 15 replaced
19 Delete section 15 and insert:
20
21 15. Public service officers performing functions under
22 Commonwealth Act
23 (1) In this section --
24 officer means a public service officer employed in the
25 department of the Public Service principally assisting
26 the Minister in the administration of this Act.
27 (2) An officer is to perform any function or duty that the
28 Minister, as a member of the Joint Authority, requires
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s. 32
1 the officer to perform in relation to a Commonwealth
2 Act.
3
4 32. Section 27A inserted
5 After section 27 insert:
6
7 27A. Grant of boundary-change permit
8 (1) In this section --
9 section 17 block means --
10 (a) a block constituted as provided by section 17;
11 or
12 (b) if a graticular section is wholly within the area
13 that was covered by the Commonwealth permit
14 concerned -- the graticular section; or
15 (c) if a part only of a graticular section is within
16 the area that was covered by the
17 Commonwealth permit concerned -- that part
18 of the graticular section.
19 Note for this definition:
20 See also subsection (8).
21 (2) This section applies if --
22 (a) a Commonwealth permit has been granted on
23 the basis that an area (the relevant area) is
24 within the offshore area; and
25 (b) as a result of a change to the boundary of the
26 offshore area, the relevant area --
27 (i) ceases to be within the offshore area;
28 and
29 (ii) falls within the adjacent area;
30 and
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1 (c) either --
2 (i) the conditions set out in subsection (3)
3 are satisfied; or
4 (ii) the conditions set out in subsection (4)
5 are satisfied.
6 (3) The conditions mentioned in subsection (2)(c)(i) are --
7 (a) one or more, but not all, of the section 17
8 blocks that were covered by the
9 Commonwealth permit immediately before the
10 change are in the relevant area; and
11 (b) the Commonwealth permit subsequently ceases
12 to be in force at the same time (the relevant
13 time) --
14 (i) as to all of the section 17 blocks that
15 were covered by the Commonwealth
16 permit immediately before the change
17 and that are in the offshore area; and
18 (ii) otherwise than as the result of the
19 cancellation or surrender of the
20 Commonwealth permit.
21 (4) The conditions mentioned in subsection (2)(c)(ii)
22 are --
23 (a) all of the section 17 blocks that were covered
24 by the Commonwealth permit immediately
25 before the change are in the relevant area; and
26 (b) the Commonwealth permit subsequently ceases
27 to be in force at the same time (the relevant
28 time) --
29 (i) as to all of the section 17 blocks that
30 were covered by the Commonwealth
31 permit immediately before the change;
32 and
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1 (ii) otherwise than as the result of the
2 cancellation or surrender of the
3 Commonwealth permit.
4 (5) If --
5 (a) assuming that --
6 (i) the change to the boundary of the
7 offshore area had not occurred; and
8 (ii) the relevant area had remained in the
9 offshore area,
10 the holder of the Commonwealth permit would
11 have been entitled to apply under the
12 Commonwealth Act for the renewal of the
13 Commonwealth permit in relation to all of the
14 section 17 blocks that are --
15 (iii) covered by the Commonwealth permit;
16 and
17 (iv) in the relevant area;
18 and
19 (b) there are one or more section 17 blocks (the
20 relevant section 17 blocks) that --
21 (i) correspond to the section 17 blocks
22 covered by paragraph (a); and
23 (ii) are in the adjacent area; and
24 (iii) are not the subject of a variation under
25 section 103A,
26 the Minister is taken --
27 (c) to have granted the holder of the
28 Commonwealth permit a permit over those
29 relevant section 17 blocks; and
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s. 32
1 (d) to have done so immediately after the relevant
2 time mentioned in whichever of subsection (3)
3 or (4) is applicable.
4 Note for this subsection:
5 For the duration of the permit, see section 29(1A).
6 (6) If --
7 (a) assuming that --
8 (i) the change to the boundary of the
9 offshore area had not occurred; and
10 (ii) the relevant area had remained in the
11 offshore area,
12 the holder of the Commonwealth permit would
13 not have been entitled to apply under the
14 Commonwealth Act for the renewal of the
15 Commonwealth permit in relation to all of the
16 section 17 blocks that are --
17 (iii) covered by the Commonwealth permit;
18 and
19 (iv) in the relevant area;
20 and
21 (b) there are one or more section 17 blocks (the
22 relevant section 17 blocks) that --
23 (i) correspond to the section 17 blocks that
24 were covered by the Commonwealth
25 permit immediately before the change;
26 and
27 (ii) are in the adjacent area; and
28 (iii) are not the subject of a variation under
29 section 103A,
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Part 3 Petroleum (Submerged Lands) Act 1982 amended
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1 the Minister is taken --
2 (c) to have granted the holder of the
3 Commonwealth permit a permit over those
4 relevant section 17 blocks; and
5 (d) to have done so immediately after the relevant
6 time mentioned in whichever of subsection (3)
7 or (4) is applicable.
8 Note for this subsection:
9 For the duration of the permit, see section 29(1B).
10 (7) For the purposes of subsections (5) and (6), the
11 following provisions of the Commonwealth Act are to
12 be disregarded --
13 (a) the standard halving rules in section 123 of that
14 Act;
15 (b) the modified halving rules in section 124 of that
16 Act;
17 (c) a provision of a kind specified in the
18 regulations.
19 (8) If, after the change to the boundary of the offshore
20 area --
21 (a) a part of a section 17 block that was covered by
22 the Commonwealth permit immediately before
23 the change is in the offshore area; and
24 (b) the remaining part of the section 17 block is in
25 the adjacent area,
26 then, for the purposes of this section (other than this
27 subsection), each of those parts is taken to constitute,
28 and to have always constituted, a section 17 block.
29 (9) An assumption in subsection (5)(a) or (6)(a) does not
30 affect subsection (8).
31
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Petroleum (Submerged Lands) Act 1982 amended Part 3
s. 33
1 33. Section 29 amended
2 After section 29(1) insert:
3
4 (1A) Subject to this Part, a boundary-change permit granted
5 under section 27A(5) remains in force for a period of
6 5 years commencing on the day on which the permit is
7 granted.
8 (1B) Subject to this Part, a boundary-change permit granted
9 under section 27A(6) remains in force for a period of
10 12 months commencing on the day on which the permit
11 is granted.
12
13 34. Section 30 amended
14 In section 30(1) delete "sections 31 and 32A," and insert:
15
16 sections 31, 32A and 32B,
17
18 35. Section 31 amended
19 After section 31(6) insert:
20
21 (7) Subsections (1) to (5) do not apply to an application for
22 the renewal of a permit if --
23 (a) the permit was granted on the basis that an area
24 (the relevant area) was within the adjacent
25 area; and
26 (b) as a result of a change to the boundary of the
27 offshore area, the relevant area --
28 (i) ceased to be within the adjacent area;
29 and
30 (ii) fell within the offshore area;
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1 and
2 (c) immediately before the change, the relevant
3 area was a part of the permit area.
4 (8) For the purposes of subsection (7) --
5 (a) section 6A is to be disregarded; and
6 (b) it is immaterial whether the change occurred
7 before, at or after the commencement day.
8 (9) In subsection (8)(b) --
9 commencement day means the day on which the
10 Petroleum Legislation Amendment Act 2017 section 35
11 comes into operation.
12
13 36. Section 32B inserted
14 After section 32A insert:
15
16 32B. Limits on renewal of boundary-change permits
17 (1) If --
18 (a) a boundary-change permit is granted under
19 section 27A(5); and
20 (b) the relevant Commonwealth permit that ceases
21 to be in force, as mentioned in
22 section 27A(3)(b) or (4)(b), was granted
23 otherwise than by way of renewal,
24 then --
25 (c) section 31 applies to an application for the
26 renewal of the boundary-change permit; and
27 (d) an application must not be made for the
28 renewal of the boundary-change permit if the
29 Minister has previously granted a renewal of
30 the permit.
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1 (2) If --
2 (a) a boundary-change permit is granted under
3 section 27A(5); and
4 (b) the relevant Commonwealth permit that ceases
5 to be in force, as mentioned in
6 section 27A(3)(b) or (4)(b), was granted by
7 way of renewal,
8 an application must not be made for the renewal of the
9 boundary-change permit.
10 (3) If a boundary-change permit is granted under
11 section 27A(6), an application must not be made for
12 the renewal of the permit.
13
14 37. Section 33 amended
15 (1) After section 33(1) insert:
16
17 (1A) Subsection (1) does not apply to a boundary-change
18 permit.
19
20 (2) After section 33(2) insert:
21
22 (3) The Minister may, by written notice given to the
23 permittee, vary a boundary-change permit by imposing
24 one or more conditions to which the permit is subject.
25 (4) A notice under subsection (3) may only be given within
26 14 days after the grant of the boundary-change permit.
27 (5) A variation under subsection (3) takes effect on the day
28 on which notice of the variation is given to the
29 permittee.
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1 (6) If --
2 (a) a boundary-change permit is granted; and
3 (b) the relevant Commonwealth permit that ceases
4 to be in force, as mentioned in
5 section 27A(3)(b) or (4)(b), is of a kind that
6 corresponds to a permit granted under
7 section 22(4) or 27,
8 any or all of the conditions mentioned in subsection (7)
9 may be specified in --
10 (c) the boundary-change permit; or
11 (d) a permit granted by way of the renewal of the
12 boundary-change permit.
13 (7) The following conditions are specified for the purposes
14 of subsection (6) --
15 (a) conditions requiring the permittee to carry out
16 work in, or in relation to, the permit area
17 (including conditions requiring the permittee to
18 carry out the work during a period of 12 months
19 or longer, or during periods each of which is
20 12 months or longer);
21 (b) conditions relating to the amounts that the
22 permittee must spend in carrying out such
23 work;
24 (c) conditions requiring the permittee to comply
25 with directions that --
26 (i) relate to the matters covered by
27 paragraphs (a) and (b); and
28 (ii) are given in accordance with the permit.
29 (8) Subsection (6) does not limit subsection (3).
30 (9) If --
31 (a) a boundary-change permit is granted; and
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1 (b) the relevant Commonwealth permit that ceases
2 to be in force, as mentioned in
3 section 27A(3)(b) or (4)(b), is a cash-bid
4 petroleum exploration permit, as defined in the
5 Commonwealth Act section 7,
6 the conditions mentioned in subsection (10) must not
7 be specified in --
8 (c) the boundary-change permit; or
9 (d) a permit granted by way of the renewal of the
10 boundary-change permit.
11 (10) The following conditions are specified for the purposes
12 of subsection (9) --
13 (a) conditions requiring the permittee to carry out
14 work in, or in relation to, the permit area;
15 (b) conditions requiring the permittee to spend
16 particular amounts on the carrying out of work
17 in, or in relation to, the permit area.
18
19 38. Section 37 amended
20 (1) Before section 37(1) insert:
21
22 (1A) In this section --
23 declaration includes a declaration that is taken to have
24 been made under subsection (2A) or (2B);
25 section 17 block means --
26 (a) a block constituted as provided by section 17;
27 or
28 (b) if a graticular section is wholly within the area
29 that was covered by the Commonwealth permit
30 concerned -- the graticular section; or
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1 (c) if a part only of a graticular section is within
2 the area that was covered by the
3 Commonwealth permit concerned -- that part
4 of the graticular section.
5
6 (2) After section 37(2) insert:
7
8 (2A) If --
9 (a) a boundary-change permit is granted over one
10 or more section 17 blocks; and
11 (b) immediately before the grant, those section 17
12 blocks were, or were part of, a location as
13 defined in the Commonwealth Act section 7;
14 and
15 (c) apart from this subsection, those section 17
16 blocks are not, and are not part of, a location as
17 defined in section 4 of this Act,
18 the Minister is taken --
19 (d) to have declared those section 17 blocks to be a
20 location; and
21 (e) to have done so immediately after the grant.
22 (2B) If --
23 (a) a permit is varied under section 103A so as to
24 include in the permit area one or more
25 section 17 blocks; and
26 (b) immediately before the variation, those
27 section 17 blocks were, or were part of, a
28 location as defined in the Commonwealth Act
29 section 7; and
30 (c) apart from this subsection, those section 17
31 blocks are not, and are not part of, a location as
32 defined in section 4 of this Act,
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1 the Minister is taken --
2 (d) to have declared those section 17 blocks to be a
3 location; and
4 (e) to have done so immediately after the variation.
5
6 39. Section 38CD inserted
7 After section 38CC insert:
8
9 38CD. Grant of lease as result of change to boundary of
10 offshore area
11 (1) In this section --
12 section 17 block means --
13 (a) a block constituted as provided by section 17;
14 or
15 (b) if a graticular section is wholly within the area
16 that was covered by the Commonwealth lease
17 concerned -- the graticular section; or
18 (c) if a part only of a graticular section is within
19 the area that was covered by the
20 Commonwealth lease concerned -- that part of
21 the graticular section.
22 Note for this definition:
23 See also subsection (6).
24 (2) This section applies if --
25 (a) a Commonwealth lease has been granted on the
26 basis that an area (the relevant area) is within
27 the offshore area; and
28 (b) as a result of a change to the boundary of the
29 offshore area, the relevant area --
30 (i) ceases to be within the offshore area;
31 and
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1 (ii) falls within the adjacent area;
2 and
3 (c) either --
4 (i) the conditions set out in subsection (3)
5 are satisfied; or
6 (ii) the conditions set out in subsection (4)
7 are satisfied;
8 and
9 (d) there are one or more section 17 blocks (the
10 relevant section 17 blocks) that --
11 (i) correspond to the section 17 blocks that
12 were covered by the Commonwealth
13 lease immediately before the change;
14 and
15 (ii) are in the adjacent area; and
16 (iii) are not the subject of a variation under
17 section 103A.
18 (3) The conditions mentioned in subsection (2)(c)(i) are --
19 (a) one or more, but not all, of the section 17
20 blocks that were covered by the
21 Commonwealth lease immediately before the
22 change are in the relevant area; and
23 (b) the Commonwealth lease subsequently ceases
24 to be in force at the same time (the relevant
25 time) --
26 (i) as to all of the section 17 blocks that
27 were covered by the Commonwealth
28 lease immediately before the change
29 and that are in the offshore area; and
30 (ii) otherwise than as the result of the
31 cancellation or surrender of the
32 Commonwealth lease.
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s. 39
1 (4) The conditions mentioned in subsection (2)(c)(ii)
2 are --
3 (a) all of the section 17 blocks that were covered
4 by the Commonwealth lease immediately
5 before the change are in the relevant area; and
6 (b) the Commonwealth lease subsequently ceases
7 to be in force at the same time (the relevant
8 time) --
9 (i) as to all of the section 17 blocks that
10 were covered by the Commonwealth
11 lease immediately before the change;
12 and
13 (ii) otherwise than as the result of the
14 cancellation or surrender of the
15 Commonwealth lease.
16 (5) The Minister is taken --
17 (a) to have granted the holder of the
18 Commonwealth lease a lease over the relevant
19 section 17 blocks; and
20 (b) to have done so immediately after the relevant
21 time mentioned in whichever of subsection (3)
22 or (4) is applicable.
23 Note for this subsection:
24 For the duration of the lease, see section 38D(2).
25 (6) If, after the change to the boundary of the offshore
26 area --
27 (a) a part of a section 17 block that was covered by
28 the Commonwealth lease immediately before
29 the change is in the offshore area; and
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1 (b) the remaining part of the section 17 block is in
2 the adjacent area,
3 then, for the purposes of this section (other than this
4 subsection), each of those parts is taken to constitute,
5 and to have always constituted, a section 17 block.
6
7 40. Section 38D amended
8 (1) In section 38D:
9 (a) delete "Subject" and insert:
10
11 (1) Subject
12
13 (b) delete "otherwise)" and insert:
14
15 otherwise and other than a lease granted under
16 section 38CD)
17
18 (2) At the end of section 38D insert:
19
20 (2) Subject to this Part, a lease granted under section 38CD
21 remains in force for a period of 5 years commencing on
22 the day on which the lease is granted.
23
24 41. Section 38H amended
25 (1) After section 38H(1) insert:
26
27 (1A) Subsection (1) does not apply to a lease granted under
28 section 38CD.
29
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1 (2) After section 38H(4) insert:
2
3 (5) The Minister may, by written notice given to the lessee,
4 vary a lease granted under section 38CD by imposing
5 one or more conditions to which the lease is subject.
6 (6) A notice under subsection (5) may only be given within
7 14 days after the grant of the lease.
8 (7) A variation under subsection (5) takes effect on the day
9 on which notice of the variation is given to the lessee.
10
11 42. Section 46 amended
12 After section 46(6) insert:
13
14 (7) This section does not apply in relation to a permit if --
15 (a) the permit has been granted on the basis that an
16 area (the relevant area) is within the adjacent
17 area; and
18 (b) as a result of a change to the boundary of the
19 offshore area, the relevant area --
20 (i) ceases to be within the adjacent area;
21 and
22 (ii) falls within the offshore area;
23 and
24 (c) immediately before the change, the relevant
25 area was a part of the permit area.
26 (8) For the purposes of subsection (7) --
27 (a) section 6A is to be disregarded; and
28 (b) it is immaterial whether the change occurred
29 before, at or after the commencement day.
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1 (9) In subsection (8)(b) --
2 commencement day means the day on which the
3 Petroleum Legislation Amendment Act 2017 section 42
4 comes into operation.
5
6 43. Section 51A inserted
7 After section 51 insert:
8
9 51A. Grant of licence as result of change to boundary of
10 offshore area
11 (1) In this section --
12 section 17 block means --
13 (a) a block constituted as provided by section 17;
14 or
15 (b) if a graticular section is wholly within the area
16 that was covered by the Commonwealth licence
17 concerned -- the graticular section; or
18 (c) if a part only of a graticular section is within
19 the area that was covered by the
20 Commonwealth licence concerned -- that part
21 of the graticular section.
22 Note for this definition:
23 See also subsection (6).
24 (2) This section applies if --
25 (a) a Commonwealth licence has been granted on
26 the basis that an area (the relevant area) is
27 within the offshore area; and
28 (b) as a result of a change to the boundary of the
29 offshore area, the relevant area --
30 (i) ceases to be within the offshore area;
31 and
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1 (ii) falls within the adjacent area;
2 and
3 (c) either --
4 (i) the conditions set out in subsection (3)
5 are satisfied; or
6 (ii) the conditions set out in subsection (4)
7 are satisfied;
8 and
9 (d) there are one or more section 17 blocks (the
10 relevant section 17 blocks) that --
11 (i) correspond to the section 17 blocks that
12 were covered by the Commonwealth
13 licence immediately before the change;
14 and
15 (ii) are in the adjacent area; and
16 (iii) are not the subject of a variation under
17 section 103A.
18 (3) The conditions mentioned in subsection (2)(c)(i) are --
19 (a) one or more, but not all, of the section 17
20 blocks that were covered by the
21 Commonwealth licence immediately before the
22 change are in the relevant area; and
23 (b) the Commonwealth licence subsequently ceases
24 to be in force at the same time (the relevant
25 time) --
26 (i) as to all of the section 17 blocks that
27 were covered by the Commonwealth
28 licence immediately before the change
29 and that are in the offshore area; and
30 (ii) otherwise than as the result of the
31 cancellation or surrender of the
32 Commonwealth licence.
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1 (4) The conditions mentioned in subsection (2)(c)(ii)
2 are --
3 (a) all of the section 17 blocks that were covered
4 by the Commonwealth licence immediately
5 before the change are in the relevant area; and
6 (b) the Commonwealth licence subsequently ceases
7 to be in force at the same time (the relevant
8 time) --
9 (i) as to all of the section 17 blocks that
10 were covered by the Commonwealth
11 licence immediately before the change;
12 and
13 (ii) otherwise than as the result of the
14 cancellation or surrender of the
15 Commonwealth licence.
16 (5) The Minister is taken --
17 (a) to have granted the holder of the
18 Commonwealth licence a licence over the
19 relevant section 17 blocks; and
20 (b) to have done so immediately after the relevant
21 time mentioned in whichever of subsection (3)
22 or (4) is applicable.
23 Note for this subsection:
24 For the duration of the licence, see section 53(3).
25 (6) If, after the change to the boundary of the offshore
26 area --
27 (a) a part of a section 17 block that was covered by
28 the Commonwealth licence immediately before
29 the change is in the offshore area; and
30 (b) the remaining part of the section 17 block is in
31 the adjacent area,
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1 then, for the purposes of this section (other than this
2 subsection), each of those parts is taken to constitute,
3 and to have always constituted, a section 17 block.
4
5 44. Section 53 amended
6 (1) In section 53(2) delete "section 107(3)" and insert:
7
8 section 107(3), other than a licence granted under section 51A,
9
10 (2) After section 53(2) insert:
11
12 (3) Subject to this Part, a licence granted under
13 section 51A remains in force for the period of 21 years
14 commencing on the day on which the licence is
15 granted.
16
17 45. Section 54 amended
18 (1) Delete section 54(1) and insert:
19
20 (1) Subject to this section, a licensee under a licence to
21 which section 53(1)(a) or (b) or (3) applies may, from
22 time to time, make an application to the Minister for
23 the renewal of the licence.
24
25 (2) After section 54(3) insert:
26
27 (4) If --
28 (a) a licence under section 51A (the relevant
29 licence) is granted; and
30 (b) the Commonwealth licence that ceases to be in
31 force, as mentioned in section 51A(3)(b) or
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1 (4)(b), was granted otherwise than by way of
2 renewal,
3 an application must not be made for the renewal of the
4 relevant licence if the Minister has previously granted a
5 renewal of the licence.
6 (5) If --
7 (a) a licence under section 51A (the relevant
8 licence) is granted; and
9 (b) the Commonwealth licence that ceases to be in
10 force, as mentioned in section 51A(3)(b) or
11 (4)(b), was granted by way of renewal,
12 an application must not be made for the renewal of the
13 relevant licence.
14
15 46. Section 56 amended
16 (1) In section 56 delete "A licence" and insert:
17
18 (1) A licence
19
20 (2) At the end of section 56 insert:
21
22 (2) Subsection (1) does not apply to a licence granted
23 under section 51A.
24 (3) The Minister may, by written notice given to the
25 licensee, vary a licence granted under section 51A by
26 imposing one or more conditions to which the licence
27 is subject.
28 (4) A notice under subsection (3) may only be given within
29 14 days after the grant of the licence.
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1 (5) A variation under subsection (3) takes effect on the day
2 on which notice of the variation is given to the
3 licensee.
4
5 47. Section 59 amended
6 (1) In section 59(11):
7 (a) before paragraph (a) insert:
8
9 (aa) if a petroleum pool extends, or is reasonably
10 believed by the Minister to extend, from the
11 adjacent area into an area to which another
12 written law relating to the exploitation of
13 petroleum resources applies, consult with any
14 other Minister concerned; or
15
16 (b) in paragraph (a) after "resources apply," insert:
17
18 or into the adjacent area of an adjoining State or the
19 Northern Territory,
20
21 (c) delete paragraphs (b) and (c) and insert:
22
23 (b) if a petroleum pool extends, or is reasonably
24 believed by the Minister to extend, from the
25 adjacent area into the offshore area of a State
26 (other than Western Australia) within the
27 meaning of the Commonwealth Act, or the
28 offshore area of the Northern Territory, within
29 the meaning of that Act, consult with the Joint
30 Authority, as defined in the Commonwealth
31 Act section 7, in respect of that State or the
32 Northern Territory concerning the exploitation
33 of the petroleum pool; or
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1 (c) if a petroleum pool extends, or is reasonably
2 believed by the Minister to extend, from the
3 adjacent area into the offshore area of Western
4 Australia, consult with the Joint Authority
5 concerning the exploitation of the petroleum
6 pool; or
7 (d) if 2 or more of paragraphs (aa), (a), (b) and (c)
8 apply, comply with each of those applicable
9 paragraphs.
10
11 (2) In section 59(12) delete "authority or Designated" and insert:
12
13 Minister, authority or Joint
14
15 48. Section 103A inserted
16 After section 103 insert:
17
18 103A. Variation of petroleum title by including area as
19 result of change to boundary of offshore area
20 (1) In this section --
21 Commonwealth title means --
22 (a) a Commonwealth permit; or
23 (b) a Commonwealth lease; or
24 (c) a Commonwealth licence;
25 fixed-term WA licence means a licence granted for a
26 fixed period of years;
27 petroleum title means a permit, lease or licence;
28 section 17 block means --
29 (a) a block constituted as provided by section 17;
30 or
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1 (b) if a graticular section is wholly within the area
2 that was covered by the Commonwealth title
3 concerned -- the graticular section; or
4 (c) if a part only of a graticular section is within
5 the area that was covered by the
6 Commonwealth title concerned -- that part of
7 the graticular section.
8 Note for this definition:
9 See also subsection (14).
10 (2) This section applies if --
11 (a) a Commonwealth title has been granted on the
12 basis that an area (the relevant area) is within
13 the offshore area; and
14 (b) as a result of a change to the boundary of the
15 offshore area, the relevant area --
16 (i) ceases to be within the offshore area;
17 and
18 (ii) falls within the adjacent area;
19 and
20 (c) either --
21 (i) the conditions set out in subsection (3)
22 are satisfied; or
23 (ii) the conditions set out in subsection (4)
24 are satisfied;
25 and
26 (d) immediately before the relevant time mentioned
27 in whichever of subsection (3) or (4) is
28 applicable --
29 (i) the Commonwealth title was held by the
30 registered holder of a petroleum title
31 that corresponds to the Commonwealth
32 title; and
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1 (ii) at least one section 17 block covered by
2 the petroleum title immediately adjoined
3 at least one other section 17 block that
4 was covered by the Commonwealth title
5 and that is in the relevant area;
6 and
7 (e) before the relevant time mentioned in
8 whichever of subsection (3) or (4) is
9 applicable --
10 (i) the registered holder of the
11 Commonwealth title; and
12 (ii) the registered holder of the petroleum
13 title,
14 gave the Minister a written notice electing to
15 accept the variation under this section of the
16 petroleum title.
17 Note for this subsection:
18 For when a petroleum title corresponds to a Commonwealth
19 title, see subsection (13).
20 (3) The conditions mentioned in subsection (2)(c)(i) are --
21 (a) one or more, but not all, of the section 17
22 blocks that were covered by the
23 Commonwealth title immediately before the
24 change are in the relevant area; and
25 (b) the Commonwealth title subsequently ceases to
26 be in force at the same time (the relevant
27 time) --
28 (i) as to all of the section 17 blocks that
29 were covered by the Commonwealth
30 title immediately before the change and
31 that are in the offshore area; and
32 (ii) otherwise than as the result of the
33 cancellation or surrender of the
34 Commonwealth title.
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1 (4) The conditions mentioned in subsection (2)(c)(ii)
2 are --
3 (a) all of the section 17 blocks that were covered
4 by the Commonwealth title immediately before
5 the change are in the relevant area; and
6 (b) the Commonwealth title subsequently ceases to
7 be in force at the same time (the relevant
8 time) --
9 (i) as to all of the section 17 blocks that
10 were covered by the Commonwealth
11 title immediately before the change; and
12 (ii) otherwise than as the result of the
13 cancellation or surrender of the
14 Commonwealth title.
15 (5) If the conditions set out in subsection (2)(d) and (e) are
16 met in relation to only one petroleum title, that
17 petroleum title is the relevant petroleum title for the
18 purposes of this section.
19 (6) If the conditions set out in subsection (2)(d) and (e)
20 would, apart from this subsection, be met in relation to
21 2 or more petroleum titles that have the same registered
22 holder, the Minister must, by written notice given to
23 the registered holder, declare that one of those
24 petroleum titles is the relevant petroleum title for the
25 purposes of this section.
26 (7) If the relevant petroleum title is a permit --
27 (a) the Minister must, by written notice given to
28 the permittee, vary the permit to include in the
29 permit area all of the section 17 blocks that --
30 (i) correspond to the section 17 blocks that
31 were covered by the Commonwealth
32 title immediately before the change; and
33 (ii) are in the adjacent area;
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1 and
2 (b) the section 17 blocks included in the permit
3 area because of the variation are, for the
4 remainder of the term of the permit, blocks in
5 relation to which the permit is in force.
6 (8) If the relevant petroleum title is a lease --
7 (a) the Minister must, by written notice given to
8 the lessee, vary the lease to include in the lease
9 area all of the section 17 blocks that --
10 (i) correspond to the section 17 blocks that
11 were covered by the Commonwealth
12 title immediately before the change; and
13 (ii) are in the adjacent area;
14 and
15 (b) the section 17 blocks included in the lease area
16 because of the variation are, for the remainder
17 of the term of the lease, blocks in relation to
18 which the lease is in force.
19 (9) If the relevant petroleum title is a licence --
20 (a) the Minister must, by written notice given to
21 the licensee, vary the licence to include in the
22 licence area all of the section 17 blocks that --
23 (i) correspond to the section 17 blocks that
24 were covered by the Commonwealth
25 title immediately before the change; and
26 (ii) are in the adjacent area;
27 and
28 (b) the section 17 blocks included in the licence
29 area because of the variation are, for the
30 remainder of the term of the licence, blocks in
31 relation to which the licence is in force.
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Petroleum (Submerged Lands) Act 1982 amended Part 3
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1 (10) Subsections (7)(b), (8)(b) and (9)(b) have effect subject
2 to this Part.
3 (11) A variation mentioned in subsection (7)(a), (8)(a) or
4 (9)(a) takes effect immediately after the relevant time
5 mentioned in whichever of subsection (3) or (4) is
6 applicable.
7 (12) For the purposes of this section, a section 17 block
8 immediately adjoins another section 17 block if --
9 (a) the graticular section that constitutes or
10 includes that section 17 block and the graticular
11 section that constitutes or includes that other
12 section 17 block --
13 (i) have a side in common; or
14 (ii) are joined together at one point only;
15 or
16 (b) that section 17 block and that other section 17
17 block are in the same graticular section.
18 (13) For the purposes of this section --
19 (a) a permit granted otherwise than by way of
20 renewal corresponds to a Commonwealth
21 permit granted otherwise than by way of
22 renewal; and
23 (b) a lease corresponds to a Commonwealth lease;
24 and
25 (c) a fixed-term WA licence granted otherwise
26 than by way of renewal corresponds to a
27 Commonwealth licence granted otherwise than
28 by way of renewal; and
29 (d) a permit granted by way of first renewal
30 corresponds to a Commonwealth permit
31 granted by way of first renewal; and
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1 (e) a fixed-term WA licence granted by way of
2 first renewal corresponds to a Commonwealth
3 licence granted by way of first renewal; and
4 (f) a permit granted by way of second renewal
5 corresponds to a Commonwealth permit
6 granted by way of second renewal; and
7 (g) a fixed-term WA licence granted by way of
8 second or subsequent renewal corresponds to a
9 Commonwealth licence granted by way of
10 second or subsequent renewal.
11 (14) If, after the change to the boundary of the offshore
12 area --
13 (a) a part of a section 17 block that was covered by
14 the Commonwealth title immediately before the
15 change is in the offshore area; and
16 (b) the remaining part of the section 17 block is in
17 the adjacent area,
18 then, for the purposes of this section (other than this
19 subsection), each of those parts is taken to constitute,
20 and to have always constituted, a section 17 block.
21
22
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