Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
1. Short title
2.
3. Act divided into Parts
PART I -- Preliminary
4. Interpretation
5. Saving provisions relating to licenses issued prior to this Act
5A. Power to declare certain reserves Crown land for purposes of, and to apply, this Act thereto
5B. Reserve No. A11648 Barrow Island Crown land for purpose of this Act
PART II -- Administration
6. Act administered by the Minister through the Department
7. Warden
PART III -- General
9. Petroleum declared to be property of the Crown
10. Reservation in Crown grants
11. Power to obtain petroleum
12. Land may be resumed
13. Governor to have right of pre-emption of petroleum
14. Helium
19. Permit to explore, license to prospect, etc. not transferable without Minister’s approval
19A. Prohibitions against exploring, prospecting and mining for petroleum
20. Land comprised in a license to prospect or a lease may be entered for certain purposes
21. Power to agree as to amount of compensation
22. Measure of compensation
23. Where no agreement, warden to determine compensation
24. Compensation already received to be deducted
25. Owner of private land in vicinity of lease or license entitled to compensation
26. Compensation for further damage
27. Holder of permit, licensee or lessee not to commence operations on private land until compensation tendered or agreed upon
28. Restriction on granting license or lease in relation to certain private lands
28A. Compensation payable to lessee of pastoral lease for damage to improvements and consequential damage
28B. Determination of partial compensation
28C. Security for compensation
28D. Matters for which compensation not payable
30. Lien for wages
31. Permission given for geological investigations
PART IV -- Permits, Licenses, and Leases
Division 1 -- Permits to Explore
32. Minister may issue permits to explore
33. Area of land for which permit may be issued
34. Applications
35. Provision where application for permit approved
36. Same person may holder unlimited number of permits to explore
38. Duties of holder permit to explore
39. Minister may direct certain operations to be conducted
41. Permit to explore may be cancelled
Division 2 -- Licenses to Prospect
42. Minister may grant licenses to prospect
44. Applications
45. Provisions when application for license to prospect approved
46. Effect of license to prospect
48. Fees for licenses to prospect
49. Duties of license
54. License to prospect may be cancelled
Division 3 -- Petroleum Leases
55. Governor may grant petroleum lease
55A. Holder of license granted after 1st January 1955, may acquire certain area of land
56. Applications
58. Shape of land in petroleum lease
59. Term of lease
60. Rent of lease
60A. Lessee to furnish bond
61. On approval of application for lease, applicant may enter land
62. Lease instrument to be prepared and registered
63. Covenants and conditions of petroleum leases
64. Acceptance of rent not to be deemed a waiver
65. Forfeiture of leases
66. Lessee may surrender lease
69. Minister to have access to lease
70. Lessee may erect buildings and machinery on lease
71. Royalties
72. Return to be furnished
73. Officers may examine books, etc.
74. Payment of royalty: how enforced
75. Penalties
76. Exemption from labour conditions
77. Lessee not to drill within prescribed distance of another lease
78. Applications for exemption
Division 4 -- General
78A. Special obligations of licensees and lessees
78B. Governor may create reserves
78C. Power to include conditions in permit, license or lease to protect native fauna and flora
PART V -- Caveats
79. Provisions relating to caveats
80. No dealing to be registered while caveat in force
81. Parties to a contract of sale may lodge caveat
PART VI -- Administration of Justice
82. Establishment of Warden’s Court
83. Warden’s Court a court of record
84. Time and place for holding court
85. Matters in respect of which Warden’s Court to have jurisdiction
86. Recovery of penalties
87. Procedure
88. Mode of trial: costs
89. Persons under twenty-one may sue and be sued
90. General powers of the court
91. Interim injunction
92. Order for possession
93. How judgments and convictions to be enforced
94. By whom warrants may be served
95. No proceedings to be dismissed for informality
96. Record and formal drawing up of judgments
97. Additional power of the Court
98. Orders may be enforced by commitment
99. Punishment of persons guilty of contempt
100. Interpleader
101. Who may take affidavits
102. Copies of decision or order to be supplied
103. Proof of decision of Warden’s court
104. Special case may be reserved for Supreme Court
105. Appeal to Supreme Court
106. Appeal on fact or law
107. Notice and grounds of appeal
108. Setting down appeal
109. Appeal may be by way of rehearing
110. When appeal deemed to be abandoned
111. Proceedings when appeal abandoned
112. Order of appellate court and costs
PART VII -- Miscellaneous
113. Offences
114. Recovery of penalties
115. Persons unlawfully on land
116. Regulations
AN ACT relating to Petroleum.
BE it enacted by the King’s Most Excellent Majesty, by and with the
advice and consent of the Legislative Council and Legislative Assembly of
Western Australia, in this present Parliament assembled, and by the authority of
the same, as follows:—
Compilation table