OFFSHORE MINERALS ACT 2003

Western Australian Current Acts

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OFFSHORE MINERALS ACT 2003

TABLE OF PROVISIONS

Long Title

CHAPTER 1 -- Introduction

PART 1.1 -- Legislative formalities and background

1. Short title
2. Commencement
3. Commonwealth-State agreement (the Offshore Constitutional Settlement)

PART 1.2 -- Interpretation

Division 1 -- General

4. Notes in the text
5. Interpretation
5A. Relationship with Environmental Protection Act 1986
6. Shares in a licence
7. Transfer of a licence
8. Successor licences
9. Section number not used
10. Position on the Earth’s surface
11. Section number not used
12. Power to vary and revoke instruments

Division 2 -- Basic concepts

13. – 15. Section numbers not used
16. Coastal waters, and effect of change in baseline
17. Blocks
18. Reserved block
19. Standard block
20. Tender block
21. Discrete area
22. Minerals
23. Exploration
24. Recovery
25. Licence holder
26. Associates
27. Confidential information
28. Confidential sample

PART 1.3 -- Administration of the Commonwealth-State offshore area

29. Definitions
30. Minister as member of Joint Authority, or as Designated Authority
31. State officer acting under delegation
32. – 34. Section numbers not used

PART 1.4 -- Application of this Act

35. Act does not apply to exploration for or recovery of petroleum
36. Section number not used
37. Act applies to all individuals and corporations

CHAPTER 2 -- Regulation of offshore exploration and mining

PART 2.1 -- General

38. General prohibition on exploring and mining without appropriate authorisation
38A. Exploration and mining in marine reserves and fish habitat protection areas
38B. Consultation with other Ministers
39. Licences and consents available under this Act
40. Steps involved in the grant of a fully effective licence
41. Approval of form and manner of applications etc.
42. Rights to minerals recovered
43. Effect of grant of licence or special purpose consent on native title
44. Licence etc. does not authorise unnecessary interference with other activities in the licence area

PART 2.2 -- Exploration licences

Division 1 -- General

45. Exploration licences
46. Activities authorised by an exploration licence
47. Minister may cancel or not renew exploration licence without compensation
48. Licence rights may be suspended
49. Compensation for acquisition of property due to suspension of rights

Division 2 -- Application for and grant of exploration licence over standard blocks

50. Application for exploration licence over standard block
51. Excluded blocks
52. Minister may determine that excluded block is available
53. Minister may allow application for more than one discrete area
54. How to apply
55. Effect of inclusion of unavailable block in application
56. Payment of fee
57. Application must be advertised
58. How multiple applications are dealt with
59. Discussions about blocks applied for
60. Advertising revised application
61. Request for further information
62. Section number not used
63. Minister may provisionally grant licence
64. Section number not used
65. Matters to be specified in the licence
66. Applicant must be notified
67. Amendment of conditions
68. Amendment of security requirements
69. Extension of primary payment period
70. Acceptance of grant of exploration licence for standard block
71. Conditions applicable to licence on grant
72. Lapse of provisional grant of exploration licence

Division 3 -- Application for and grant of exploration licence over tender block

73. Matters to be determined before applications for exploration licence over tender blocks invited
74. Minister may invite applications for exploration licence over tender blocks
75. Tender block licence notice -- exploration licence
76. Application for exploration licence over tender blocks
77. How to apply
78. Payment of fee
79. Request for further information
80. Section number not used
81. Minister may provisionally grant licence
82. Section number not used
83. Successful applicant must be notified
84. Acceptance of grant of exploration licence over tender blocks
85. Conditions applicable to licence on grant
86. Lapse of provisional grant of exploration licence
87. Provisional grant to next applicant if grant lapses

Division 4 -- Duration of exploration licence

88. Initial term of exploration licence
89. Term of renewal of exploration licence
90. Effect of suspension of rights on term of exploration licence
91. Effect of application for renewal on term of exploration licence
92. Effect of application for retention licence or mining licence on term of exploration licence
93. Effect of application for extension on term of licence
94. Extension of licence -- activities disrupted
95. Grant of licence extension -- activities disrupted
96. Extension of licence -- other circumstances
97. Grant of licence extension -- other circumstances
98. Notification of decision

Division 5 -- Voluntary surrender of part of exploration licence area

99. Voluntary surrender of blocks if discrete area remains
100. Voluntary surrender of blocks if up to 3 discrete areas remain

Division 6 -- Application for and grant of renewal of exploration licence

101. Application for renewal of exploration licence
102. When application to be made
103. How to apply for renewal
104. Mandatory reduction of licence area on renewal of exploration licence
105. Request for further information
106. Payment of fee
107. Section number not used
108. Provisional renewal of an exploration licence
109. Section number not used
110. Applicant must be notified
111. Amendment of conditions
112. Amendment of security requirements
113. Extension of primary payment period
114. Acceptance of renewal of exploration licence
115. Conditions applicable to licence on renewal
116. Lapse of provisional renewal of exploration licence

Division 7 -- Obligations associated with exploration licence

117. General
118. Conditions of exploration licence
119. No conditions requiring payment of money
120. Variation of conditions
121. Exemption from or suspension of conditions
122. Automatic suspension of conditions if licence rights are suspended
123. Work practices
124. Licence holder must keep specified records etc.
125. Licence holder must assist inspectors

Division 8 -- Expiry of exploration licence

126. General
127. Voluntary surrender of exploration licence
128. Automatic expiry of exploration licence when retention licence takes effect
129. Automatic expiry of exploration licence when mining licence takes effect
130. Cancellation of exploration licence
131. Obligations of former exploration licence holders and former associates

PART 2.3 -- Retention licences

Division 1 -- General

132. Retention licences
133. Activities authorised by a retention licence
134. Minister may cancel or not renew retention licence without compensation
135. Licence rights may be suspended
136. Compensation for acquisition of property due to suspension of rights

Division 2 -- Application for and grant of retention licence

137. Application for retention licence
138. How to apply
139. Payment of fee
140. Application must be advertised
141. Request for further information
142. Section number not used
143. Minister may provisionally grant licence
144. Section number not used
145. Grounds for granting retention licence
146. Matters to be specified in the licence
147. Applicant must be notified
148. Amendment of conditions
149. Amendment of security requirements
150. Extension of primary payment period
151. Acceptance of grant of retention licence
152. Conditions applicable to licence on grant
153. Lapse of provisional grant of retention licence

Division 3 -- Duration of retention licence

154. Initial term of retention licence
155. Term of renewal of licence
156. Effect of application for renewal on term of retention licence
157. Effect of application for mining licence on term of retention licence

Division 4 -- Voluntary surrender of part of retention licence area

158. Voluntary surrender of blocks if discrete area remains

Division 5 -- Application for and grant of renewal of retention licence

159. Application for renewal of retention licence
160. When application to be made
161. How to apply for renewal
162. Request for further information
163. Payment of fee
164. Section number not used
165. Provisional renewal of retention licence
166. Section number not used
167. Matters that may be taken into account
168. Refusal of application for renewal
169. Applicant must be notified
170. Amendment of conditions
171. Amendment of security requirements
172. Extension of primary payment period
173. Acceptance of renewal of retention licence
174. Conditions applicable to licence on renewal
175. Lapse of provisional renewal of retention licence

Division 6 -- Obligations associated with retention licence

176. General
177. Conditions of retention licence
178. No conditions requiring payment of money
179. Variation of conditions
180. Exemption from or suspension of conditions
181. Automatic suspension of conditions if licence rights are suspended
182. Significant changes in circumstances to be reported to Minister
183. Work practices
184. Licence holder must keep specified records etc.
185. Licence holder must assist inspectors

Division 7 -- Expiry of retention licence

186. General
187. Voluntary surrender of retention licence
188. Automatic expiry of retention licence when mining licence takes effect
189. Cancellation of retention licence, breach of condition etc.
190. Cancellation of retention licence, mining activities viable
191. Obligations of former retention licence holders and former associates

PART 2.4 -- Mining licences

Division 1 -- General

192. Mining licences
193. Activities authorised by a mining licence
194. Minister may cancel or not renew mining licence without compensation
195. Licence rights may be suspended
196. Compensation for acquisition of property due to suspension of rights

Division 2 -- Application for and grant of mining licence over standard blocks

197. Application for mining licence over vacant standard block
198. Holder of exploration licence or retention licence may apply for mining licence
199. How to apply
200. Effect of inclusion of unavailable block in application
201. Payment of fee
202. Application must be advertised
203. How multiple applications are dealt with
204. Request for further information
205. Section number not used
206. Minister may provisionally grant licence
207. Restriction in case of marine nature reserve or marine park
208. Refusal of application for mining licence made under section
209. Matters to be specified in the licence
210. Applicant must be notified
211. Amendment of conditions
212. Amendment of security requirements
213. Extension of primary payment period
214. Acceptance of grant of mining licence for standard block
215. Conditions applicable to licence on grant
216. Lapse of provisional grant of mining licence

Division 3 -- Application for and grant of mining licence over tender block

217. Matters to be determined before applications for mining licence over tender blocks invited
218. Minister may invite applications for mining licence over tender blocks
219. Tender block licence notice -- mining licence
220. Application for mining licence over tender blocks
221. How to apply
222. Payment of fee
223. Request for further information
224. Section number not used
225. Minister may provisionally grant licence
226. Restriction in case of marine nature reserve or marine park
227. Successful applicant must be notified
228. Acceptance of grant of mining licence over tender blocks
229. Conditions applicable to licence on grant
230. Lapse of provisional grant of mining licence
231. Provisional grant to next applicant if grant lapses

Division 4 -- Duration of mining licence

232. Initial term of mining licence
233. Term of renewal of licence
234. Effect of application for renewal on term of mining licence

Division 5 -- Voluntary surrender of part of mining licence area

235. Voluntary surrender of blocks if discrete area remains

Division 6 -- Application for and grant of renewal of mining licence

236. Application for renewal of mining licence
237. When application to be made
238. How to apply for renewal
239. Request for further information
240. Payment of fee
241. Section number not used
242. Provisional renewal of mining licence
243. Section number not used
244. Matters that may be taken into account
245. Refusal of application for renewal
246. Applicant must be notified
247. Amendment of conditions
248. Amendment of security requirements
249. Extension of primary payment period
250. Acceptance of renewal of mining licence
251. Conditions applicable to licence on renewal
252. Lapse of provisional renewal of mining licence

Division 7 -- Obligations associated with mining licence

253. General
254. Conditions of mining licence
255. No conditions requiring payment of money
256. Variation of conditions
257. Exemption from or suspension of conditions
258. Automatic suspension of conditions if licence rights are suspended
259. Work practices
260. Licence holder must pay royalty
261. Licence holder must keep specified records
262. Licence holder must assist inspectors

Division 8 -- Expiry of mining licence

263. General
264. Voluntary surrender of mining licence
265. Cancellation of mining licence
266. Obligations of former mining licence holders and former associates

PART 2.5 -- Works licences

Division 1 -- General

267. Works licences
268. Activities authorised by a works licence
269. Minister may cancel or not renew works licence without compensation

Division 2 -- Application for and grant of works licence

270. Application for works licence
271. How to apply
272. Payment of fee
273. Applicant to notify licence holders affected by the application
274. Application must be advertised
275. Section number not used
276. Minister may provisionally grant licence
277. Section number not used
278. Matters to be specified in the licence
279. Applicant must be notified
280. Amendment of conditions
281. Amendment of security requirements
282. Extension of primary payment period
283. Acceptance of grant of works licence
284. Conditions applicable to works licence on grant
285. Lapse of provisional grant of works licence

Division 3 -- Duration of works licence

286. Initial term of works licence
287. Term of renewal of works licence
288. Effect of application for renewal on term of works licence

Division 4 -- Application for and grant of renewal of works licence

289. Application for renewal of works licence
290. When application to be made
291. How to apply for renewal
292. Payment of fee
293. Section number not used
294. Provisional renewal of works licence
295. Section number not used
296. Applicant must be notified
297. Amendment of conditions
298. Amendment of security requirements
299. Extension of primary payment period
300. Acceptance of renewal of works licence
301. Conditions applicable to works licence on renewal
302. Lapse of provisional renewal of works licence

Division 5 -- Obligations associated with works licence

303. General
304. Conditions of works licence
305. No conditions requiring payment of money
306. Variation of conditions
307. Exemption from or suspension of conditions
308. Work practices
309. Licence holder must keep specified records etc.
310. Licence holder must assist inspectors

Division 6 -- Expiry of works licence

311. General
312. Voluntary surrender of works licence
313. Cancellation of works licence
314. Obligations of former works licence holders and former associates

PART 2.6 -- Special purpose consents

315. Special purpose consents
316. Activities authorised by a special purpose consent
317. Application for a consent
318. How to apply
319. Payment of fee
320. Applicant must obtain agreement of exploration, retention and mining licence holders affected by the application
321. Applicant to notify works licence holders affected by the application
322. Section number not used
323. Minister may grant special purpose consent
324. Section number not used
325. Matters to be specified in the consent
326. Duration of consent
327. Conditions of consent

CHAPTER 3 -- Registration and Dealings

PART 3.1 -- Registration

Division 1 -- Preliminary

328. Register to be kept
329. Document files to be kept
330. Form of register and document file
331. Correction of errors in the register
332. Inspection of register and documents

Division 2 -- Matters to be entered in register

Subdivision A -- Licences

333. Licences
334. Renewal of licences
335. Extension of exploration licences
336. Expiry of licences
337. Variations etc. to licences
338. Transfer of licences
339. Other dealings in licences
340. Devolution of licences

Subdivision B -- Caveats

341. Effect of a caveat
342. Lodgment of caveats
343. Form of caveat
344. Payment of fee
345. Caveat to be registered
346. Withdrawal of caveat
347. Form of withdrawal
348. Duration of caveat
349. Notice to caveat holder
350. Caveat holder may consent to registration
351. Orders that can be made by a court in relation to caveats

Division 3 -- Miscellaneous

352. Fees for registration
352A. Exemption from duty
353. Protection from legal actions
354. Application to court for correction of register
355. Appeals against determinations under section
356. Section number not used
357. Evidentiary value of register
358. Certified copy of document on document file
359. Certification of registration action

PART 3.2 -- Dealings in licences

Division 1 -- Dealings in licences to be in writing and registered

360. Dealings in licences to be in writing
361. Dealings in interests in licences not effective until registered

Division 2 -- Approval of transfer of licences

362. Transfers require approval by Minister
363. Application for approval of transfer
364. Minister may ask for further information
365. Minister’s response to application for approval
366. Protection from legal actions

CHAPTER 4 -- Administration

PART 4.1 -- Information management

367. Minister may ask person for information
368. Power to ask person to appear
369. Power to examine on oath or affirmation
370. Minister may ask for documents
371. Minister may ask for samples
372. Obligation to comply with request under section 367, 368, 369, 370 or
373. Immunity from use of information etc. given in response to request under section 367, 368, 369, 370 or
374. Restrictions on release of confidential material
375. Circumstances in which confidential material may be released
376. Certain reports to be made available

PART 4.2 -- Monitoring and enforcement

Division 1 -- Inspections

377. Compliance inspections
378. Powers exercisable in course of inspection
379. Inspection of licence-related premises etc. without warrant
380. Inspection of other premises etc. with occupier’s consent
381. Inspection of other premises etc. with warrant
382. Procedure for obtaining warrant
383. Further provisions as to exercise of powers under warrant
384. Occupier to cooperate with inspector

Division 2 -- Directions

385. Directions by Minister must be obeyed
386. Scope of directions
387. Minister may give directions
388. Direction may incorporate material in another document
389. Direction may impose absolute prohibition
390. Direction may extend to associates
391. Holder to give notice of direction to associates
392. Power to give directions after licence etc. ends
393. Effect of directions on other instruments
394. Minister may specify time for compliance
395. Minister may take action if holder fails to comply
396. Costs incurred by Minister in taking action under section
397. Defences to actions to recover debts

Division 3 -- Securities

398. Securities
399. Determination of requirement to lodge security
400. Application of security

Division 4 -- Restoration of environment

401. Removal of property from coastal waters
402. Rehabilitation of damaged areas

Division 5 -- Safety zones

403. Declaration of safety zone around a structure or equipment
404. Effect of declaration of safety zone
405. – 420. Section numbers not used

PART 4.3 -- Inspectors

421. Appointment of inspectors
422. Identity cards
423. Return of identity card

PART 4.4 -- Licence fees and royalty

Division 1 -- Licence fees

424. Definition
425. Licence fees
426. Limit on amount of fees
427. Time for payment

Division 2 -- Royalty

428. Definition
429. Royalty
430. Rate of royalty
431. Reduction of royalty in certain cases
432. Fixing of landed value
433. Fixing of quantity
434. Time for payment
435. State to pay 40% of royalties to Commonwealth

Division 3 -- Penalties and recovery

436. Penalty if fee or royalty overdue
437. Fees etc. recoverable as debts

Chapter 5 -- Miscellaneous

438. State functions under Part 5.1 of Commonwealth Act
439. Minister’s approval required for certain transactions under Land Administration Act 1997
440. Delegation by Minister
441. False statements
442. Service of documents on licence holders etc.
443A. Certain things are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
443. Regulations
444. Savings and transitional provisions
SCHEDULE 1 -- Area in which coastal waters are situated
SCHEDULE 2 -- Savings and transitional provisions

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