PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967

Western Australian Current Acts

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PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967

TABLE OF PROVISIONS

Long Title

PART I -- Preliminary

1. Short title
2. Commencement
3. Repeal
5. Terms used
6A. Effect of alteration of inshore area

PART II -- General

6. Act to be construed subject to State’s legislative powers
7. Application of Act
7A. Geothermal resources area in, or extending into, other areas
7B. Petroleum pool in, or extending into, other areas
8. Position on Earth’s surface
9. Petroleum, geothermal energy resources and geothermal energy declared to be property of Crown
10. Reservations in Crown grants and leases
11. Minister may search for petroleum or geothermal energy resources
11A. Property rights in recovered petroleum and geothermal energy
12. Land may be resumed
13. Governor to have right of pre-emption of petroleum in emergency
14. Land comprised in permit, drilling reservation, lease or licence may be entered for certain purposes
15. Authority conferred by permit, drilling reservation, lease or licence
15A. Consent of Minister required for entry on reserves for purposes of exploration etc.
16. Consent of owner or trustees required in certain cases for exploration etc.
17. Compensation to owners and occupiers of private land
18. Owner of private land in vicinity of permit area, drilling reservation, lease area or licence area may be entitled to compensation
19. Compensation for further damage
20. Holder of permit, drilling reservation, lease or licence not to commence operations on private land until compensation tendered or agreed upon
21. Compensation payable to certain lessees for damage to improvements and consequential damage
22. Determination of partial compensation
23. Security for compensation
24. Matters for which compensation not payable
24A. Liability for payment of compensation to native title holders
25. Delegation

PART III -- Mining for petroleum, geothermal energy resources and geothermal energy

Division 1 -- Preliminary

26. Term used: State
27. Graticulation of Earth’s surface and constitution of blocks
28. Reservation of blocks
28A. Issue of permits etc. in marine reserves

Division 2 -- Permits and drilling reservations

29. Exploration for petroleum and geothermal energy resources restricted
30. Advertisement of blocks
31. Application for permit
32A. More than one permit application for same block or blocks
32. Grant or refusal of permit in relation to application
33A. Withdrawal of application
33B. Application continued after withdrawal of joint applicant
33C. Effect of withdrawal or lapse of s. 30 application
33. Application for permit in respect of surrendered etc. blocks
34. Application fee etc.
35. Consideration of application
36. Request by applicant for grant of permit in respect of advertised block
37. Grant of permit on request
37A. Permit for 2 or more blocks may be divided into 2 or more permits
37B. Grant of boundary-change permit
38. Rights conferred by permit
39. Term of permit
40. Application for renewal of permit
41. Application for renewal of permit to be in respect of reduced area
42A. Certain permits cannot be renewed more than twice
42B. Limits on renewal of boundary-change permits
42. Grant or refusal of renewal of permit
43. Conditions of permit
43A. Advertisement of blocks for drilling reservations
43B. Application for drilling reservation
43CA. More than one drilling reservation application for same block or blocks
43C. Grant or refusal in relation to applications for drilling reservations
43DA. Withdrawal of application
43DB. Application continued after withdrawal of joint applicant
43DC. Effect of withdrawal or lapse of s. 43A application
43D. Rights conferred by drilling reservation
43E. Term of drilling reservation
43F. Extension of term of drilling reservation
44. Discovery of petroleum or geothermal energy resources to be notified etc.
46. Nomination of blocks as location
47. Declaration of location
48. Immediately adjoining blocks

Division 2A -- Retention leases

48A. Application by permittee or holder of drilling reservation for lease
48B. Grant or refusal of lease in relation to application
48BA. Application of s. 48A and 48B where permit is transferred
48CA. Application by licensee for lease
48CB. Grant or refusal of lease in relation to application by licensee
48CC. Application of s. 48CA and 48CB if licence is transferred
48CD. Grant of petroleum retention lease as result of change to boundary of offshore area
48C. Rights conferred by lease
48D. Term of lease
48E. Notice of intention to cancel lease
48F. Application for renewal of lease
48G. Grant or refusal of renewal of lease
48H. Conditions of lease
48J. Discovery of petroleum or geothermal energy resources to be notified
48K. Directions by Minister on discovery of petroleum or geothermal energy resources

Division 3 -- Production licences

49. Recovery of petroleum or geothermal energy resources in State
50. Application by permittee for licence
50A. Application by lessee for licence
51. Application for licence under s. 50 or 50A, requirements for
52. Determination of rate of royalty
53. Notification as to grant of licence
54. Grant of licence
54A. Application of s. 51 to 54 where permit etc. transferred
55. Variation of licence area
56. Determination of permit as to blocks not taken up by licensee
57. Application for licence in respect of surrendered etc. blocks
58. Application fee etc. for s. 57 applications
59. Request by applicant for grant of licence
60. Grant of licence on request
61. Licence for 2 or more blocks may be divided into 2 or more licences
61A. Grant of petroleum production licence as result of change to boundary of offshore area
62. Rights conferred by licence
62A. Geothermal energy recovery development plans
62B. Variation of approved development plans
63. Term of licence
64A. Termination of licence if no operations for 5 years
64. Application for renewal of licence
65. Grant or refusal of renewal of licence
66. Conditions of licence
67. Storage of petroleum underground
68. Directions as to recovery of petroleum
69. Unit development

Division 3A -- Petroleum titles and geothermal titles may subsist in respect of same blocks

69A. Petroleum titles and geothermal titles may subsist in respect of same blocks

Division 4 -- Registration of instruments

69J. Term used: title
70. Register of certain instruments to be kept
71. Memorials to be entered of permits determined etc.
72. Approval and registration of transfers
73. Entries in Register on devolution of title
75. Approval of dealings creating interests etc. in existing titles
75A. Approval of dealings in future interests etc.
76. True consideration to be shown in transfer or dealing
77. Minister not concerned with certain matters
78. Power of Minister to require information as to transfers or dealings
79. Production and inspection of documents
80. Inspection of Register and instruments
81. Evidentiary provisions
81A. Minister may make corrections to, and entries in, Register
82. Application to State Administrative Tribunal for orders
84. Offences connected with Register and certain documents
85. Assessment of fee payable under Petroleum and Geothermal Energy Resources (Registration Fees) Act 1967
86. Exemption from duty

Division 5 -- General

88. Notice of grants of permits etc. to be published
89. Date of effect of certain surrenders, cancellations and variations
90. Commencement of works
91. Work practices
91A. Conditions relating to insurance
91B. Conditions prohibiting entry on certain land
92. Maintenance etc. of property
93. Operation of s. 91, 91A and 92 subject to this Act and other laws
95. Directions by Minister
96. Compliance with directions
97. Variation and suspension of, and exemption from compliance with, conditions
97A. Variation of petroleum title by including area as result of change to boundary of offshore area
98. Surrender of permits etc.
99. Cancellation of permits etc.
100. Cancellation of permit etc. not affected by other provisions
101. Removal of property etc. by permittee etc.
102. Removal of property etc. by Minister
105. Special prospecting authorities
106. Access authorities
107. Removal, disposal or sale of property
109. Minister etc. may require information to be furnished etc.
110. Power to examine on oath
111. Failing to furnish information etc.
112A. Exclusion zones
113. Discovery of water to be notified
115. Records etc. to be kept
116A. Data management: regulations
116. Scientific investigations
117. Interference with other rights etc.
117A. Interfering with petroleum operation or geothermal energy operation
118. Inspectors
119. Powers of inspectors
119A. Protection from liability for wrongdoing
121. Continuing offences
122. Crimes and other offences
123. Orders for forfeiture etc. in respect of certain offences
124. Power of Attorney General to direct disposal of goods
125. Time for bringing proceedings for offences
126. Judicial notice
126A. Evidentiary matters
127. Service of documents
127A. Service of documents on 2 or more permittees etc.

Division 6 -- Transitional provisions

128. Terms used
129. This Division prevails over other provisions
130. Cessation of operation of former provisions
131. Prohibition on granting of instruments under former provisions after commencing day
132. Rights of holders of existing prescribed instruments
133. Holders of existing instruments may be granted permits under this PART
134. Transitional provisions relating to Barrow Island lease
134A. Application of former provisions after coming into operation of variation agreement
71. Interpretation 231
72. Statements, information and records 231
73. Powers of officers 232
74. Royalty a debt due to the State 232
75. Offences 232
117. Application of regulations to Barrow Island lease 232
135. Certain portions of blocks to be blocks
136. Certain petroleum exploration or recovery activities not prohibited by s. 29 or

Division 7 -- Fees and royalties

137. Permit and drilling reservation fees
137A. Lease fees
138. Licence fees
139. Time of payment of fees
140. Penalty for late payment of fees
141. Fees and penalties debts due to Crown
142. Royalty
143. Reduction of royalty in certain cases
144. Royalty not payable in certain cases
144A. Royalty value
145. Ascertainment of value of petroleum or geothermal energy
146. Ascertainment of well-head
147. Ascertainment of quantity of petroleum or geothermal energy recovered
148. Payment of royalty and penalty for late payment
149. Royalty or late payment amount is debt due to Crown

PART IVA -- Release of information

Division 1 -- Preliminary

150A. Terms used

Division 2 -- Protection of confidentiality of information and samples

Subdivision 1 -- Information and samples obtained by the Minister

150B. Protection of confidentiality of information obtained by Minister
150C. Protection of confidentiality of samples obtained by Minister
150D. Information or samples obtained by Minister can be made available to certain persons

Subdivision 2 -- Information and samples obtained by another Minister

150E. Protection of confidentiality of information obtained by another Minister
150F. Protection of confidentiality of samples obtained by another Minister
150G. Information or samples obtained by another Minister can be made available to certain persons

Subdivision 3 -- Miscellaneous

150H. Fees

PART IV -- Miscellaneous

150. Jurisdiction of Magistrates Court
151. Special case may be reserved for Supreme Court
152. Certain things are not personal property for purposes of Personal Property Securities Act 2009 (Commonwealth)
153. Regulations
154. Further transitional provisions
SCHEDULE 2 -- Further transitional provisions

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