Petroleum and Geothermal Energy Resources Act 1967 (WA)

Western Australia Petroleum and Geothermal Energy Resources Act 1967 Western Australia Petroleum and Geothermal Energy Resources Act 1967 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Repeal 1 5. Terms used 1 6A. Effect of alteration of inshore area 1 Part II — General 6. Act to be construed subject to State's legislative powers 1 7. Application of Act 1 7A. Geothermal resources area in, or extending into, other areas 1 7B. Petroleum pool in, or extending into, other areas 1 8. Position on Earth's surface 1 9. Petroleum, geothermal energy resources and geothermal energy declared to be property of Crown 1 10. Reservations in Crown grants and leases 1 11. Minister may search for petroleum or geothermal energy resources 1 11A. Property rights in recovered petroleum and geothermal energy 1 12. Land may be resumed 1 13. Governor to have right of pre‑emption of petroleum in emergency 1 14. Land comprised in permit, drilling reservation, lease or licence may be entered for certain purposes 1 15. Authority conferred by permit, drilling reservation, lease or licence 1 15A. Consent of Minister required for entry on reserves for purposes of exploration etc. 1 16. Consent of owner or trustees required in certain cases for exploration etc. 1 17. Compensation to owners and occupiers of private land 1 18. Owner of private land in vicinity of permit area, drilling reservation, lease area or licence area may be entitled to compensation 1 19. Compensation for further damage 1 20. Holder of permit, drilling reservation, lease or licence not to commence operations on private land until compensation tendered or agreed upon 1 21. Compensation payable to certain lessees for damage to improvements and consequential damage 1 22. Determination of partial compensation 1 23. Security for compensation 1 24. Matters for which compensation not payable 1 24A. Liability for payment of compensation to native title holders 1 25. Delegation 1 Part III — Mining for petroleum, geothermal energy resources and geothermal energy Division 1 — Preliminary 26. Term used: State 1 27. Graticulation of Earth's surface and constitution of blocks 1 28. Reservation of blocks 1 28A. Issue of permits etc. in marine reserves 1 Division 2 — Permits and drilling reservations 29. Exploration for petroleum and geothermal energy resources restricted 1 30. Advertisement of blocks 1 31. Application for permit 1 32A. More than one permit application for same block or blocks 1 32. Grant or refusal of permit in relation to application 1 33A. Withdrawal of application 1 33B. Application continued after withdrawal of joint applicant 1 33C. Effect of withdrawal or lapse of s. 30 application 1 33. Application for permit in respect of surrendered etc. blocks 1 34. Application fee etc. 1 35. Consideration of application 1 36. Request by applicant for grant of permit in respect of advertised block 1 37. Grant of permit on request 1 37A. Permit for 2 or more blocks may be divided into 2 or more permits 1 37B. Grant of boundary-change permit 1 38. Rights conferred by permit 1 39. Term of permit 1 40. Application for renewal of permit 1 41. Application for renewal of permit to be in respect of reduced area 1 42A. Certain permits cannot be renewed more than twice 1 42B. Limits on renewal of boundary-change permits 1 42. Grant or refusal of renewal of permit 1 43. Conditions of permit 1 43A. Advertisement of blocks for drilling reservations 1 43B. Application for drilling reservation 1 43CA. More than one drilling reservation application for same block or blocks 1 43C. Grant or refusal in relation to applications for drilling reservations 1 43DA. Withdrawal of application 1 43DB. Application continued after withdrawal of joint applicant 1 43DC. Effect of withdrawal or lapse of s. 43A application 1 43D. Rights conferred by drilling reservation 1 43E. Term of drilling reservation 1 43F. Extension of term of drilling reservation 1 44. Discovery of petroleum or geothermal energy resources to be notified etc. 1 46. Nomination of blocks as location 1 47. Declaration of location 1 48. Immediately adjoining blocks 1 Division 2A — Retention leases 48A. Application by permittee or holder of drilling reservation for lease 1 48B. Grant or refusal of lease in relation to application 1 48BA. Application of s. 48A and 48B where permit is transferred 1 48CA. Application by licensee for lease 1 48CB. Grant or refusal of lease in relation to application by licensee 1 48CC. Application of s. 48CA and 48CB if licence is transferred 1 48CD. Grant of petroleum retention lease as result of change to boundary of offshore area 1 48C. Rights conferred by lease 1 48D. Term of lease 1 48E. Notice of intention to cancel lease 1 48F. Application for renewal of lease 1 48G. Grant or refusal of renewal of lease 1 48H. Conditions of lease 1 48J. Discovery of petroleum or geothermal energy resources to be notified 1 48K. Directions by Minister on discovery of petroleum or geothermal energy resources 1 Division 3 — Production licences 49. Recovery of petroleum or geothermal energy resources in State 1 50. Application by permittee for licence 1 50A. Application by lessee for licence 1 51. Application for licence under s. 50 or 50A, requirements for 1 52. Determination of rate of royalty 1 53. Notification as to grant of licence 1 54. Grant of licence 1 54A. Application of s. 51 to 54 where permit etc. transferred 1 55. Variation of licence area 1 56. Determination of permit as to blocks not taken up by licensee 1 57. Application for licence in respect of surrendered etc. blocks 1 58. Application fee etc. for s. 57 applications 1 59. Request by applicant for grant of licence 1 60. Grant of licence on request 1 61. Licence for 2 or more blocks may be divided into 2 or more licences 1 61A. Grant of petroleum production licence as result of change to boundary of offshore area 1 62. Rights conferred by licence 1 62A. Geothermal energy recovery development plans 1 62B. Variation of approved development plans 1 63. Term of licence 1 64A. Termination of licence if no operations for 5 years 1 64. Application for renewal of licence 1 65. Grant or refusal of renewal of licence 1 66. Conditions of licence 1 67. Storage of petroleum underground 1 68. Directions as to recovery of petroleum 1 69. Unit development 1 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 1 Division 4 — Registration of instruments 69J. Term used: title 1 70. Register of certain instruments to be kept 1 71. Memorials to be entered of permits determined etc. 1 72. Approval and registration of transfers 1 73. Entries in Register on devolution of title 1 75. Approval of dealings creating interests etc. in existing titles 1 75A. Approval of dealings in future interests etc. 1 76. True consideration to be shown in transfer or dealing 1 77. Minister not concerned with certain matters 1 78. Power of Minister to require information as to transfers or dealings 1 79. Production and inspection of documents 1 80. Inspection of Register and instruments 1 81. Evidentiary provisions 1 81A. Minister may make corrections to, and entries in, Register 1 82. Application to State Administrative Tribunal for orders 1 84. Offences connected with Register and certain documents 1 85. Assessment of fee payable under Petroleum and Geothermal Energy Resources (Registration Fees) Act 1967 1 86. Exemption from duty 1 Division 5 — General 88. Notice of grants of permits etc. to be published 1 89. Date of effect of certain surrenders, cancellations and variations 1 90. Commencement of works 1 91. Work practices 1 91A. Conditions relating to insurance 1 91B. Conditions prohibiting entry on certain land 1 92. Maintenance etc. of property 1 93. Operation of s. 91, 91A and 92 subject to this Act and other laws 1 95. Directions by Minister 1 96. Compliance with directions 1 97. Variation and suspension of, and exemption from compliance with, conditions 1 97A. Variation of petroleum title by including area as result of change to boundary of offshore area 1 98. Surrender of permits etc. 1 99. Cancellation of permits etc. 1 100. Cancellation of permit etc. not affected by other provisions 1 101. Removal of property etc. by permittee etc. 1 102. Removal of property etc. by Minister 1 105. Special prospecting authorities 1 106. Access authorities 1 107. Removal, disposal or sale of property 1 109. Minister etc. may require information to be furnished etc. 1 110. Power to examine on oath 1 111. Failing to furnish information etc. 1 112A. Exclusion zones 1 113. Discovery of water to be notified 1 115. Records etc. to be kept 1 116A. Data management: regulations 1 116. Scientific investigations 1 117. Interference with other rights etc. 1 117A. Interfering with petroleum operation or geothermal energy operation 1 118. Inspectors 1 119. Powers of inspectors 1 119A. Protection from liability for wrongdoing 1 121. Continuing offences 1 122. Crimes and other offences 1 123. Orders for forfeiture etc. in respect of certain offences 1 124. Power of Attorney General to direct disposal of goods 1 125. Time for bringing proceedings for offences 1 126. Judicial notice 1 126A. Evidentiary matters 1 127. Service of documents 1 127A. Service of documents on 2 or more permittees etc. 1 Division 6 — Transitional provisions 128. Terms used 1 129. This Division prevails over other provisions 1 130. Cessation of operation of former provisions 1 131. Prohibition on granting of instruments under former provisions after commencing day 1 132. Rights of holders of existing prescribed instruments 1 133. Holders of existing instruments may be granted permits under this Part 1 134. Transitional provisions relating to Barrow Island lease 1 134A. Application of former provisions after coming into operation of variation agreement 1 71. Interpretation 1 72. Statements, information and records 1 73. Powers of officers 1 74. Royalty a debt due to the State 1 75. Offences 1 117. Application of regulations to Barrow Island lease 1 135. Certain portions of blocks to be blocks 1 136. Certain petroleum exploration or recovery activities not prohibited by s. 29 or 49 1 Division 7 — Fees and royalties 137. Permit and drilling reservation fees 1 137A. Lease fees 1 138. Licence fees 1 139. Time of payment of fees 1 140. Penalty for late payment of fees 1 141. Fees and penalties debts due to Crown 1 142. Royalty 1 143. Reduction of royalty in certain cases 1 144. Royalty not payable in certain cases 1 144A. Royalty value 1 145. Ascertainment of value of petroleum or geothermal energy 1 146. Ascertainment of well‑head 1 147. Ascertainment of quantity of petroleum or geothermal energy recovered 1 148. Payment of royalty and penalty for late payment 1 149. Royalty or late payment amount is debt due to Crown 1 Part IVA — Release of information Division 1 — Preliminary 150A. Terms used 1 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 1 150C. Protection of confidentiality of samples obtained by Minister 1 150D. Information or samples obtained by Minister can be made available to certain persons 1 Subdivision 2 — Information and samples obtained by another Minister 150E. Protection of confidentiality of information obtained by another Minister 1 150F. Protection of confidentiality of samples obtained by another Minister 1 150G. Information or samples obtained by another Minister can be made available to certain persons 1 Subdivision 3 — Miscellaneous 150H. Fees 1 Part IV — Miscellaneous 150. Jurisdiction of Magistrates Court 1 151. Special case may be reserved for Supreme Court 1 152. Certain things are not personal property for purposes of Personal Property Securities Act 2009 (Commonwealth) 1 153. Regulations 1 154. Further transitional provisions 1 Schedule 2 — Further transitional provisions Division 1 — Provisions for Petroleum and Energy Legislation Amendment Act 2010 1. Terms used 1 2. Section 41(5) (permit renewals) 1 3. Section 112 (release of information) 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Petroleum and Geothermal Energy Resources Act 1967 An Act relating to the exploration for, and the exploitation of, petroleum resources, geothermal energy resources, and certain other resources, within certain lands of the State; to repeal the Petroleum Act 1936, and for incidental and other purposes. [Long title amended: No. 35 of 2007 s. 4.]