Western Australian Current Acts

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 145

145 .         Royalty not payable in certain cases

        (1)         Royalty under this Act —

            (a)         is not payable in respect of petroleum that the Minister is satisfied was unavoidably lost before the quantity of that petroleum was ascertained; and

            (b)         is not payable in respect of petroleum that is used by the permittee, lessee or licensee, as approved by the Minister, for the purposes of petroleum exploration operations or operations for the recovery of petroleum; and

            (c)         is not payable in respect of petroleum that, with the approval of the Minister, is flared or vented in connection with operations for the recovery of petroleum.

        (2)         Where petroleum that has been recovered by a permittee, lessee or licensee is, with the approval of the Minister, returned to a natural reservoir, royalty under this Act is not payable in respect of that petroleum by reason of that recovery but this subsection does not affect the liability of that or any other permittee, lessee or licensee to pay royalty in respect of petroleum that is recovered from that natural reservoir.

        (3)         Where petroleum that has been recovered by a permittee, lessee or licensee is, pursuant to an agreement under section 67(2)(a) of the Petroleum and Geothermal Energy Resources Act 1967 , injected into a natural reservoir for the purpose of storage and subsequent recovery, royalty under this Act is not payable in respect of that petroleum by reason of the initial recovery except as provided under that agreement.

        [Section 145 amended: No. 12 of 1990 s. 244; No. 28 of 1994 s. 111; No. 35 of 2007 s. 104(3).]