Petroleum Act 1936 (WA)

Western Australia Petroleum Act 1936 This Act was repealed by the Petroleum Act 1967 s. 3 (No. 72 of 1967) as at 5 Sep 1969 (see s. 2 and Gazette 5 Sep 1969 p. 2540). Though repealed, this Act continues to apply to the Barrow Island lease and renewals of it (see No. 72 of 1967 s. 134 2). Western Australia Petroleum Act 1936 Contents 1. Short title 1 2. 1 3. Act divided into Parts 1 Part I — Preliminary 4. Interpretation 3 5. Saving provisions relating to licenses issued prior to this Act 5 5A. Power to declare certain reserves Crown land for purposes of, and to apply, this Act thereto 6 5B. Reserve No. A11648 Barrow Island Crown land for purpose of this Act 6 Part II — Administration 6. Act administered by the Minister through the Department 8 7. Warden 8 Part III — General 9. Petroleum declared to be property of the Crown 9 10. Reservation in Crown grants 9 11. Power to obtain petroleum 9 12. Land may be resumed 10 13. Governor to have right of pre-emption of petroleum 11 14. Helium 12 19. Permit to explore, license to prospect, etc. not transferable without Minister's approval 12 19A. Prohibitions against exploring, prospecting and mining for petroleum 13 20. Land comprised in a license to prospect or a lease may be entered for certain purposes 13 21. Power to agree as to amount of compensation 14 22. Measure of compensation 14 23. Where no agreement, warden to determine compensation 15 24. Compensation already received to be deducted 15 25. Owner of private land in vicinity of lease or license entitled to compensation 15 26. Compensation for further damage 16 27. Holder of permit, licensee or lessee not to commence operations on private land until compensation tendered or agreed upon 16 28. Restriction on granting license or lease in relation to certain private lands 17 28A. Compensation payable to lessee of pastoral lease for damage to improvements and consequential damage 17 28B. Determination of partial compensation 18 28C. Security for compensation 19 28D. Matters for which compensation not payable 19 30. Lien for wages 20 31. Permission given for geological investigations 20 Part IV — Permits, Licenses, and Leases Division 1 — Permits to Explore 32. Minister may issue permits to explore 22 33. Area of land for which permit may be issued 22 34. Applications 22 35. Provision where application for permit approved 22 36. Same person may holder unlimited number of permits to explore 23 38. Duties of holder permit to explore 23 39. Minister may direct certain operations to be conducted 25 41. Permit to explore may be cancelled 25 Division 2 — Licenses to Prospect 42. Minister may grant licenses to prospect 26 44. Applications 26 45. Provisions when application for license to prospect approved 27 46. Effect of license to prospect 28 48. Fees for licenses to prospect 28 49. Duties of license 28 54. License to prospect may be cancelled 30 Division 3 — Petroleum Leases 55. Governor may grant petroleum lease 30 55A. Holder of license granted after 1st January 1955, may acquire certain area of land 31 56. Applications 32 58. Shape of land in petroleum lease 33 59. Term of lease 33 60. Rent of lease 33 60A. Lessee to furnish bond 34 61. On approval of application for lease, applicant may enter land 34 62. Lease instrument to be prepared and registered 35 63. Covenants and conditions of petroleum leases 35 64. Acceptance of rent not to be deemed a waiver 37 65. Forfeiture of leases 37 66. Lessee may surrender lease 38 69. Minister to have access to lease 38 70. Lessee may erect buildings and machinery on lease 38 71. Royalties 38 72. Return to be furnished 39 73. Officers may examine books, etc. 40 74. Payment of royalty: how enforced 40 75. Penalties 40 76. Exemption from labour conditions 40 77. Lessee not to drill within prescribed distance of another lease 41 78. Applications for exemption 41 Division 4 — General 78A. Special obligations of licensees and lessees 43 78B. Governor may create reserves 43 78C. Power to include conditions in permit, license or lease to protect native fauna and flora 44 Part V — Caveats 79. Provisions relating to caveats 46 80. No dealing to be registered while caveat in force 47 81. Parties to a contract of sale may lodge caveat 47 Part VI — Administration of Justice 82. Establishment of Warden's Court 48 83. Warden's Court a court of record 48 84. Time and place for holding court 48 85. Matters in respect of which Warden's Court to have jurisdiction 49 86. Recovery of penalties 50 87. Procedure 50 88. Mode of trial: costs 51 89. Persons under twenty-one may sue and be sued 52 90. General powers of the court 52 91. Interim injunction 52 92. Order for possession 53 93. How judgments and convictions to be enforced 53 94. By whom warrants may be served 53 95. No proceedings to be dismissed for informality 54 96. Record and formal drawing up of judgments 54 97. Additional power of the Court 54 98. Orders may be enforced by commitment 55 99. Punishment of persons guilty of contempt 55 100. Interpleader 56 101. Who may take affidavits 57 102. Copies of decision or order to be supplied 57 103. Proof of decision of Warden's court 57 104. Special case may be reserved for Supreme Court 57 105. Appeal to Supreme Court 58 106. Appeal on fact or law 59 107. Notice and grounds of appeal 59 108. Setting down appeal 59 109. Appeal may be by way of rehearing 60 110. When appeal deemed to be abandoned 60 111. Proceedings when appeal abandoned 60 112. Order of appellate court and costs 61 Part VII — Miscellaneous 113. Offences 62 114. Recovery of penalties 63 115. Persons unlawfully on land 63 116. Regulations 63 Notes Compilation table 67 Western Australia Petroleum Act 1936 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:—