Commonwealth: Offshore Minerals Act 1994 (Cth)

Offshore Minerals Act 1994 No. 28, 1994 Compilation No. 16 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the Offshore Minerals Act 1994 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. READER'S GUIDE Purpose of the Reader's Guide The purpose of this Guide is to make it easier for you to read the Act. It gives you information about the scope, coverage and organisation of the Act and it alerts you to some of the basic concepts used in the Act. It also tells you about some of the features of the Act so that you can read the Act more efficiently. Scope of the Act The Act deals with 2 related matters: * setting up a licensing system for mining and exploration in particular offshore areas; and * applying State laws to those offshore areas so far as those laws concern mining and exploration activities. The provisions dealing with the first matter take up most of the Act. The second matter is dealt with in Part 5.1. Basic concepts The Act uses a number of basic concepts and some of these concepts are sophisticated and difficult. If you are reading the Act for the first time, you should go to Division 2 of Part 1.2 first and familiarise yourself with these basic concepts before going on to read the other provisions of the Act. The main basic concepts are: * a Commonwealth‑State offshore area (an offshore area if you are already familiar with the Offshore Petroleum and Greenhouse Gas Storage Act 2006); * blocks and the different kinds of blocks (standard, reserved and tender blocks); * minerals; * exploration; * mining. The bodies with decision‑making powers The administration of the Act is generally shared between the Commonwealth Government and the State Governments. This means that the various decision‑making powers under the Act are given to different bodies. Part 1.3 explains who these bodies are. The State body is called the Designated Authority. The body that represents the Commonwealth and State Governments acting together is called the Joint Authority. It is important to familiarise yourself with this terminology and to keep the distinction between the different authorities in mind when you read the provisions of the Act. An important feature of the licensing system is that the Joint Authority always acts through the corresponding Designated Authority. The Joint Authority's decisions are carried out by the Designated Authority. Applicants and licence holders always deal with the Designated Authority and do not deal directly with the Joint Authority, although the Joint Authority is the ultimate decision‑maker. The Act also deals with exploration and mining in the offshore areas off external territories. Although special provision is sometimes made for the external territories, the general approach is to give the Commonwealth Minister the powers of both Designated Authority and Joint Authority (see subsections 29(3) and 32(3)). The licensing scheme Different activities require different authorisations. The Act provides for 5 kinds of authorisation: * exploration licences; * retention licences; * mining licences; * works licences; * special purpose consents. The Act deals with these authorisations in this order. The provisions dealing with each authorisation begin with a statement of the activities authorised by that particular authorisation and go on to deal with: * applications; * grant; * duration; * renewal; * obligations of the holder; * expiry. You can use the table of provisions to home in on the authorisation and the topic you are interested in. Where necessary, the Act will cross refer you to related provisions that you might otherwise overlook or not find easy to locate. These cross references will be found in the Notes at the end of sections and subsections. Registration and dealings Chapter 3 deals with the related topics of registration and dealings in licences. Administration Chapter 4 deals with the administration of the licensing system including: * information gathering powers; * compliance inspections; * the giving of directions; * the lodgment and use of securities; * restoration and rehabilitation action. Summary of Contents Chapter 1—Introduction Part 1.1—Legislative formalities and background Part 1.2—Interpretation Division 1—General Division 2—Basic concepts Part 1.3—Designated Authorities and Joint Authorities Part 1.4—Application of this Act Chapter 2—Regulation of offshore exploration and mining Part 2.1—General Part 2.2—Exploration licences Division 1—General Division 2—Application for and grant of exploration licence over standard blocks Division 3—Application for and grant of exploration licence over tender blocks Division 4—Duration of exploration licence Division 5—Voluntary surrender of part of exploration licence area Division 6—Application for and grant of renewal of exploration licence Division 7—Obligations associated with exploration licence Division 8—Expiry of exploration licence Part 2.3—Retention licences Division 1—General Division 2—Application for and grant of retention licence Division 3—Duration of retention licence Division 4—Voluntary surrender of part of retention licence area Division 5—Application for and grant of renewal of retention licence Division 6—Obligations associated with retention licence Division 7—Expiry of retention licence Part 2.4—Mining licences Division 1—General Division 2—Application for and grant of mining licence over standard blocks Division 3—Application for and grant of mining licence over tender blocks Division 4—Duration of mining licence Division 5—Voluntary surrender of part of mining licence area Division 6—Application for and grant of renewal of mining licence Division 7—Obligations associated with mining licence Division 8—Expiry of mining licence Part 2.5—Works licences Division 1—General Division 2—Application for and grant of works licence Division 3—Duration of works licence Division 4—Application for and grant of renewal of works licence Division 5—Obligations associated with works licence Division 6—Expiry of works licence Part 2.6—Special purpose consents Chapter 3—Registration and dealings Part 3.1—Registration Division 1—Preliminary Division 2—Matters to be entered in register Subdivision A—Licences Subdivision B—Caveats Division 3—Miscellaneous Part 3.2—Dealings in registered licences Division 1—Dealings in licences to be in writing and registered Division 2—Approval of transfer of licences Chapter 4—Administration Part 4.1—Information management Part 4.2—Monitoring and enforcement Division 1—Inspections Division 2—Directions Division 3—Securities Division 4—Restoration of environment Division 5—Safety zones Division 6—Offences Part 4.3—Review of decisions made about the offshore areas of external territories Part 4.4—Procedures of Joint Authorities and Designated Authorities Part 4.5—Inspectors Part 4.6—Finance Chapter 5—Miscellaneous Part 5.1—Application of laws Part 5.2—Miscellaneous SCHEDULES Schedule 1—Savings and transitional provisions Contents Chapter 1—Introduction Part 1.1—Legislative formalities and background 1 Short title 2 Commencement 3 Commonwealth‑State agreement (the Offshore Constitutional Settlement) Part 1.2—Interpretation Division 1—General 4 Interpretation 5 Treatment of the Northern Territory 6 Shares in a licence 7 Transfer of a licence 8 Successor licences 9 Notes, diagrams etc. form part of section etc. 10 Position on the Earth's surface 11A Application of the Criminal Code 12 Power to vary and revoke instruments Division 2—Basic concepts 13 Commonwealth‑State offshore areas 14 External territory offshore areas 15 Effect of change to, or reassessment of the location of, baseline 16 Coastal waters of a State 17 Blocks 18 Reserved block 19 Standard block 20 Tender block 21 Discrete area 22 Mineral 23 Exploration 24 Recovery 25 Licence holder 26 Associates 27 Confidential information 28 Confidential sample Part 1.3—Designated Authorities and Joint Authorities 29 Designated Authorities 30 Functions and powers of Designated Authorities 31 Judicial notice of signature of Designated Authority 32 Joint Authorities 33 Functions and powers of Joint Authorities 34 Service of documents on a Joint Authority Part 1.4—Application of this Act 35 Act does not apply to exploration for or recovery of petroleum 35A Act does not apply in relation to Greater Sunrise special regime area 36 Act extends to certain external territories 37 Act applies to all individuals and corporations Chapter 2—Regulation of offshore exploration and mining Part 2.1—General 38 General prohibition on exploring and mining in offshore areas without appropriate authorisation under this Act 39 Licences and consents available under this Act 40 Steps involved in the grant of a fully effective licence 41 Approval of form and manner of applications etc. 42 Rights to minerals recovered 43 Effect of grant of licence or special purpose consent on native title 44 Licence etc. does not authorise unnecessary interference with other activities in the licence area Part 2.2—Exploration licences Division 1—General 45 Exploration licences 46 Activities authorised by an exploration licence 47 Joint Authority may cancel or not renew exploration licence without compensation 48 Licence rights may be suspended 49 Compensation for acquisition of property due to suspension of rights Division 2—Application for and grant of exploration licence over standard blocks 50 Application for exploration licence over standard block 51 Which blocks are excluded? 52 Designated Authority may determine that excluded block is available 53 Designated Authority may allow application for more than one discrete area 54 How to apply 55 Effect of inclusion of unavailable block in application 56 Payment of fee 57 Application must be advertised 58 How multiple applications are dealt with 59 Discussions about blocks applied for 60 Advertising revised application 61 Request for further information 62 Commonwealth‑State offshore area—Designated Authority must refer application to Joint Authority if certain requirements met 63 Commonwealth‑State offshore area—Joint Authority may provisionally grant exploration licence 64 External territory offshore area—how application for exploration licence dealt with 65 Matters to be specified in the licence 66 Applicant must be notified 67 Amendment of conditions 68 Amendment of security requirements 69 Extension of primary payment period 70 Acceptance of grant of exploration licence for standard block 71 Conditions applicable to licence on grant 72 Lapse of provisional grant of exploration licence Division 3—Application for and grant of exploration licence over tender block 73 Matters to be determined before applications for exploration licence over tender blocks invited 74 Joint Authority may invite applications for exploration licence over tender blocks 75 Tender block licence notice—exploration licence 76 Application for exploration licence over tender blocks 77 How to apply 78 Payment of fee 79 Request for further information 80 Commonwealth‑State offshore area—Designated Authority must refer application to Joint Authority if certain requirements met 81 Commonwealth‑State offshore area—Joint Authority may provisionally grant tender block exploration licence 82 External territory offshore area—how applications dealt with 83 Successful applicant must be notified 84 Acceptance of grant of exploration licence over tender blocks 85 Conditions applicable to licence on grant 86 Lapse of provisional grant of exploration licence 87 Provisional grant to next applicant if grant lapses Division 4—Duration of exploration licence 88 Initial term of exploration licence 89 Term of renewal of exploration licence 90 Effect of suspension of rights on term of exploration licence 91 Effect of application for renewal on term of exploration licence 92 Effect of application for retention licence or mining licence on term of exploration licence 93 Effect of application for extension on term of licence 94 Extension of licence—activities disrupted 95 Grant of licence extension—activities disrupted 96 Extension of licence—other circumstances 97 Grant of licence extension—other circumstances 98 Notification of decision Division 5—Voluntary surrender of part of exploration licence area 99 Voluntary surrender of blocks if discrete area remains 100 Voluntary surrender of blocks if up to 3 discrete areas remain Division 6—Application for and grant of renewal of exploration licence 101 Application for renewal of exploration licence 102 When must an application to renew be made? 103 How to apply for renewal 104 Mandatory reduction of licence area on renewal of exploration licence 105 Request for further information 106 Payment of fee 107 Commonwealth‑State offshore area—Designated Authority must refer renewal application to Joint Authority if certain requirements met 108 Commonwealth‑State offshore area—provisional renewal of an exploration licence 109 External territory offshore area—how application for renewal dealt with 110 Applicant must be notified 111 Amendment of conditions 112 Amendment of security requirements 113 Extension of primary payment period 114 Acceptance of renewal of exploration licence 115 Conditions applicable to licence on renewal 116 Lapse of provisional renewal of exploration licence Division 7—Obligations associated with exploration licence 117 General 118 Conditions of exploration licence 119 No conditions requiring payment of money 120 Variation of conditions 121 Exemption from or suspension of conditions 122 Automatic suspension of conditions if licence rights are suspended 123 Work practices 124 Licence holder must keep specified records etc. 125 Licence holder must assist inspectors Division 8—Expiry of exploration licence 126 General 127 Voluntary surrender of exploration licence 128 Automatic expiry of exploration licence when retention licence takes effect 129 Automatic expiry of exploration licence when mining licence takes effect 130 Cancellation of exploration licence 131 Obligations of former exploration licence holders and former associates Part 2.3—Retention licences Division 1—General 132 Retention licences 133 Activities authorised by a retention licence 134 Joint Authority may cancel or not renew retention licence without compensation 135 Licence rights may be suspended 136 Compensation for acquisition of property due to suspension of rights Division 2—Application for and grant of retention licence 137 Application for retention licence 138 How to apply 139 Payment of fee 140 Application must be advertised 141 Request for further information 142 Commonwealth‑State offshore area—Designated Authority must refer application to Joint Authority if certain requirements met 143 Commonwealth‑State offshore area—Joint Authority may provisionally grant retention licence 144 External territory offshore area—how application for retention licence dealt with 145 Grounds for granting retention licence 146 Matters to be specified in the licence 147 Applicant must be notified 148 Amendment of conditions 149 Amendment of security requirements 150 Extension of primary payment period 151 Acceptance of grant of retention licence 152 Conditions applicable to licence on grant 153 Lapse of provisional grant of retention licence Division 3—Duration of retention licence 154 Initial term of retention licence 155 Term of renewal of licence 156 Effect of application for renewal on term of retention licence 157 Effect of application for mining licence on term of retention licence Division 4—Voluntary surrender of part of retention licence area 158 Voluntary surrender of blocks if discrete area remains Division 5—Application for and grant of renewal of retention licence 159 Application for renewal of retention licence 160 When must an application to renew be made? 161 How to apply for renewal 162 Request for further information 163 Payment of fee 164 Commonwealth‑State offshore area—Designated Authority must refer renewal application to Joint Authority if certain requirements met 165 Commonwealth‑State offshore area—provisional renewal of retention licence 166 External territory offshore area—how application for renewal dealt with 167 Matters to be taken into account in deciding whether to renew retention licence 168 Refusal of application for renewal 169 Applicant must be notified 170 Amendment of conditions 171 Amendment of security requirements 172 Extension of primary payment period 173 Acceptance of renewal of retention licence 174 Conditions applicable to licence on renewal 175 Lapse of provisional renewal of retention licence Division 6—Obligations associated with retention licence 176 General 177 Conditions of retention licence 178 No conditions requiring payment of money 179 Variation of conditions 180 Exemption from or suspension of conditions 181 Automatic suspension of conditions if licence rights are suspended 182 Significant changes in circumstances to be reported to Designated Authority 183 Work practices 184 Licence holder must keep specified records etc. 185 Licence holder must assist inspectors Division 7—Expiry of retention licence 186 General 187 Voluntary surrender of retention licence 188 Automatic expiry of retention licence when mining licence takes effect 189 Cancellation of retention licence—breach of condition etc. 190 Cancellation of retention licence—mining activities viable 191 Obligations of former retention licence holders and former associates Part 2.4—Mining licences Division 1—General 192 Mining licences 193 Activities authorised by a mining licence 194 Joint Authority may cancel or not renew mining licence without compensation 195 Licence rights may be suspended 196 Compensation for acquisition of property due to suspension of rights Division 2—Application for and grant of mining licence over standard blocks 197 Application for mining licence over vacant standard block 198 Holder of exploration licence or retention licence may apply for mining licence 199 How to apply 200 Effect of inclusion of unavailable block in application 201 Payment of fee 202 Application must be advertised 203 How multiple applications are dealt with 204 Request for further information 205 Commonwealth‑State offshore area—Designated Authority must refer application to Joint Authority if certain requirements met 206 Commonwealth‑State offshore area—Joint Authority may provisionally grant mining licence 207 External territory offshore area—how application for mining licence dealt with 208 Refusal of application for mining licence made under section 198 209 Matters to be specified in the licence 210 Applicant must be notified 211 Amendment of conditions 212 Amendment of security requirements 213 Extension of primary payment period 214 Acceptance of grant of mining licence for standard block 215 Conditions applicable to licence on grant 216 Lapse of provisional grant of mining licence Division 3—Application for and grant of mining licence over tender block 217 Matters to be determined before applications for mining licence over tender blocks invited 218 Joint Authority may invite applications for mining licence over tender blocks 219 Tender block licence notice—mining licence 220 Application for mining licence over tender blocks 221 How to apply 222 Payment of fee 223 Request for further information 224 Commonwealth‑State offshore area—Designated Authority must refer application to Joint Authority if certain requirements met 225 Commonwealth‑State offshore area—Joint Authority may provisionally grant tender block mining licence 226 External territory offshore area—how applications dealt with 227 Successful applicant must be notified 228 Acceptance of grant of mining licence over tender blocks 229 Conditions applicable to licence on grant 230 Lapse of provisional grant of mining licence 231 Provisional grant to next applicant if grant lapses Division 4—Duration of mining licence 232 Initial term of mining licence 233 Term of renewal of licence 234 Effect of application for renewal on term of mining licence Division 5—Voluntary surrender of part of mining licence area 235 Voluntary surrender of blocks if discrete area remains Division 6—Application for and grant of renewal of mining licence 236 Application for renewal of mining licence 237 When must an application to renew be made? 238 How to apply for renewal 239 Request for further information 240 Payment of fee 241 Commonwealth‑State offshore area—Designated Authority must refer renewal application to Joint Authority if certain requirements met 242 Commonwealth‑State offshore area—provisional renewal of mining licence 243 External territory offshore area—how application for renewal dealt with 244 Matters to be taken into account in deciding whether to renew mining licence 245 Refusal of application for renewal 246 Applicant must be notified 247 Amendment of conditions 248 Amendment of security requirements 249 Extension of primary payment period 250 Acceptance of renewal of mining licence 251 Conditions applicable to licence on renewal 252 Lapse of provisional renewal of mining licence Division 7—Obligations associated with mining licence 253 General 254 Conditions of mining licence 255 No conditions requiring payment of money 256 Variation of conditions 257 Exemption from or suspension of conditions 258 Automatic suspension of conditions if licence rights are suspended 259 Work practices 260 Licence holder must comply with Royalty Act 261 Licence holder must keep specified records 262 Licence holder must assist inspectors Division 8—Expiry of mining licence 263 General 264 Voluntary surrender of mining licence 265 Cancellation of mining licence 266 Obligations of former mining licence holders and former associates Part 2.5—Works licences Division 1—General 267 Works licences 268 Activities authorised by a works licence 269 Joint Authority may cancel or not renew works licence without compensation Division 2—Application for and grant of works licence 270 Application for works licence 271 How to apply 272 Payment of fee 273 Applicant to notify licence holders affected by the application 274 Application must be advertised 275 Commonwealth‑State offshore area—Designated Authority must refer application to Joint Authority if certain requirements met 276 Commonwealth‑State offshore area—Joint Authority may provisionally grant works licence 277 External territory offshore area—how application for works licence dealt with 278 Matters to be specified in the licence 279 Applicant must be notified 280 Amendment of conditions 281 Amendment of security requirements 282 Extension of primary payment period 283 Acceptance of grant of works licence 284 Conditions applicable to works licence on grant 285 Lapse of provisional grant of works licence Division 3—Duration of works licence 286 Initial term of works licence 287 Term of renewal of works licence 288 Effect of application for renewal on term of works licence Division 4—Application for and grant of renewal of works licence 289 Application for renewal of works licence 290 When must an application to renew be made? 291 How to apply for renewal 292 Payment of fee 293 Commonwealth‑State offshore area—Designated Authority must refer renewal application to Joint Authority if certain requirements met 294 Commonwealth‑State offshore area—provisional renewal of works licence 295 External territory offshore area—how application for renewal dealt with 296 Applicant must be notified 297 Amendment of conditions 298 Amendment of security requirements 299 Extension of primary payment period 300 Acceptance of renewal of works licence 301 Conditions applicable to works licence on renewal 302 Lapse of provisional renewal of works licence Division 5—Obligations associated with works licence 303 General 304 Conditions of works licence 305 No conditions requiring payment of money 306 Variation of conditions 307 Exemption from or suspension of conditions 308 Work practices 309 Licence holder must keep specified records etc. 310 Licence holder must assist inspectors Division 6—Expiry of works licence 311 General 312 Voluntary surrender of works licence 313 Cancellation of works licence 314 Obligations of former works licence holders and former associates Part 2.6—Special purpose consents 315 Special purpose consents 316 Activities authorised by a special purpose consent 317 Application for a consent 318 How to apply 319 Payment of fee 320 Applicant must obtain agreement of exploration, retention and mining licence holders affected by the application 321 Applicant to notify works licence holders affected by the application 322 Commonwealth‑State offshore area—Designated Authority must refer application to Joint Authority if certain requirements met 323 Commonwealth‑State offshore area—Joint Authority may grant special purpose consent 324 External territory offshore area—how application for special purpose consent dealt with 325 Matters to be specified in the consent 326 Duration of consent 327 Conditions of consent Chapter 3—Registration and dealings Part 3.1—Registration Division 1—Preliminary 328 Registers to be kept 329 Associated document files to be kept 330 Form of register and document file 331 Correction of errors in the register 332 Inspection of register and documents Division 2—Matters to be entered in register Subdivision A—Licences 333 Licences 334 Renewal of licences 335 Extension of exploration licences 336 Expiry of licences 337 Variations etc. to licences 338 Transfer of licences 339 Other dealings in licences 340 Devolution of licences Subdivision B—Caveats 341 Effect of a caveat 342 Lodgment of caveats 343 Form of caveat 344 Payment of fee 345 Caveat to be registered 346 Withdrawal of caveat 347 Form of withdrawal 348 Duration of caveat 349 Notice to caveat holder 350 Caveat holder may consent to approval or registration 351 Orders that can be made by a court in relation to caveats Division 3—Miscellaneous 352 Fees for registration 353 Protection from legal actions 354 Appeals 355 Appeals against determinations under section 352 356 Supreme Court 357 Evidentiary value of register 358 Certified copy of document on associated document file 359 Certification of registration action Part 3.2—Dealings in registered licences Division 1—Dealings in licences to be in writing and registered 360 Dealings in licences to be in writing 361 Dealings in interests in licences not effective until registered Division 2—Approval of transfer of licences 362 Transfers require approval by Joint Authority 363 Application for approval of transfer 364 Designated Authority may ask for further information 365 Joint Authority's response to application for approval 366 Protection from legal actions Chapter 4—Administration Part 4.1—Information management 367 Designated Authority may ask person for information 368 Power to ask person to appear 369 Power to examine on oath or affirmation 370 Designated Authority may ask for documents 371 Designated Authority may ask for samples 372 Obligation to comply with request under section 367, 368, 370 or 371 373 Immunity from use of information etc. given in response to request under section 367, 368, 370 or 371 374 Restrictions on release of confidential material 375 Circumstances in which confidential material may be released 376 Certain reports to be made available Part 4.2—Monitoring and enforcement Division 1—Inspections 377 Compliance inspections 378 Powers exercisable in course of inspection 379 Inspection of licence‑related premises etc. without warrant 380 Inspection of other premises etc. with occupier's consent 381 Inspection of other premises etc. with warrant 382 Procedure for obtaining warrant 383 Warrant authorises reasonable assistance and force 384 Occupier to cooperate with inspector Division 2—Directions 385 Directions by Designated Authority must be obeyed 386 Scope of compliance directions 387 Designated Authority may give directions 388 Direction may incorporate material in another document 389 Direction may impose absolute prohibition 390 Compliance direction may extend to associates 391 Holder to give notice of direction to associates 392 Power to give directions after licence etc. ends 393 Effect of a compliance direction on other instruments 394 Designated Authority may specify time for compliance 395 Designated Authority may take action if holder fails to comply 396 Costs incurred by Designated Authority in taking action under section 395 397 Defences to actions to recover debts Division 3—Securities 398 Securities 399 Determination of requirement to lodge security 400 Application of security Division 4—Restoration of environment 401 Removal of property from offshore area 402 Rehabilitation of damaged areas Division 5—Safety zones 403 Declaration of safety zone around a structure or equipment 404 Effect of declaration of safety zone Division 6—Offences 405 General regime for criminal offences Part 4.3—Review of decisions made about the offshore areas of external territories 406 Definitions 407 Review of delegated decisions Part 4.4—Procedures of Joint Authorities and Designated Authorities 408 Procedure of Joint Authority 409 Decision‑making 410 Opinion or state of mind of Joint Authority 411 Records of proceedings of Joint Authority 412 Signing of documents 413 Communications with Joint Authority 414 Ministerial colleague acting on behalf of responsible Commonwealth Minister 415 Acting responsible Commonwealth Minister 416 Circumstances in which confidential material released 417 Execution and issue of documents on behalf of Joint Authority 418 Service of notices on behalf of Joint Authority 419 Delegation by Designated Authority 420 Application of this Part to external territories Part 4.5—Inspectors 421 Appointment of inspectors 422 Identity cards 423 Return of identity card Part 4.6—Finance 424 Fees received on behalf of the Commonwealth 425 Payments by the Commonwealth to the States—Royalty Act payments 426 Payments by the Commonwealth to the States—other payments 427 Appropriation Chapter 5—Miscellaneous Part 5.1—Application of laws 428 State's or external territory's offshore laws apply to mineral exploration and recovery in offshore area 429 Criminal laws not applied 430 Laws inconsistent with Commonwealth laws not applied 431 Tax laws not applied 432 Applied laws not to confer Commonwealth judicial power 433 Applied laws not to contravene constitutional restrictions on conferring powers on courts 434 Applied laws not to appropriate Territory Consolidated Revenue Fund 435 Jurisdiction of State courts 436 Jurisdiction of Territory courts 437 Validation of certain actions Part 5.2—Miscellaneous 438 Service of documents on licence holders etc. 439 Vesting jurisdiction in State courts 439A Licences, and interests in licences etc., are not personal property for the purposes of the Personal Property Securities Act 2009 440 Regulations Schedule 1—Savings and transitional provisions Part 1—General 1 Correspondence of permits etc. under 1981 Act and licences under this Act 2 Correspondence of provisions 3 References in documents to provisions of the 1981 Act Part 2—Savings and transitional provisions applicable on the transition from the Minerals (Submerged Lands) Act 1981 to this Act 4 Instruments in force under the 1981 Act on the commencement of this Act 5 Regulations under the 1981 Act 6 Saving of application for permit etc. under the 1981 Act 7 Saving of exploration permits 8 Saving of instruments under the 1981 Act Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to exploration for, and the recovery of, minerals (other than petroleum) in certain offshore areas, and for related purposes Chapter 1—Introduction Part 1.1—Legislative formalities and background 1 Short title This Act may be cited as the Offshore Minerals Act 1994. 2 Commencement This Act commences on the day on which it receives the Royal Assent. 3 Commonwealth‑State agreement (the Offshore Constitutional Settlement) (1) The Commonwealth and the States have agreed that: (a) Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and (b) the States should share, in the manner provided by this Act, in the administration of the Commonwealth offshore mining legislation; and (c) State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and (d) the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia's territorial sea. Note: So far as the agreement relates to petroleum, it is reflected in Commonwealth legislation by the Offshore Petroleum and Greenhouse Gas Storage Act 2006. (2) Other Acts that provide background to the agreement (commonly referred to as the Offshore Constitutional Settlement) are: (a) the Seas and Submerged Lands Act 1973; and (b) the Coastal Waters (State Powers) Act 1980; and (c) the Coastal Waters (State Title) Act 1980; and (d) the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and (e) the Coastal Waters (Northern Territory Powers) Act 1980; and (f) the Coastal Waters (Northern Territory Title) Act 1980. Note 1: The Seas and Submerged Lands Act 1973: * declared and enacted that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; * gave the Governor‑General power to declare, by Proclamation, the limits of the territorial sea; * declared and enacted that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in respect of the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; * declared and enacted that the sovereign rights of Australia as a coastal State in respect of the Continental Shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth; * gave the Governor‑General power to declare, by Proclamation, the limits of the Continental Shelf of Australia. Note 2: The Coastal Waters (State Powers) Act 1980 was enacted following a request from the Parliaments of all the States under paragraph 51(xxxviii) of the Constitution of the Commonwealth and provided that the legislative powers exercisable under the Constitution of each State extended to the making of certain laws that would operate offshore. Note 3: The Coastal Waters (State Title) Act 1980 vested in each State certain property rights in the seabed beneath the coastal waters of the State. Note 4: The Offshore Petroleum and Greenhouse Gas Storage Act 2006 makes provision, based on the agreement referred to in subsection (1), for the licensing regime that applies to the exploration for and recovery of petroleum in offshore areas. Note 5: The Coastal Waters (Northern Territory Powers) Act 1980 makes similar provision to the State Powers Act in relation to the Northern Territory. Note 6: The Coastal Waters (Northern Territory Title) Act 1980 makes similar provision to the State Title Act in relation to the Northern Territory. Part 1.2—Interpretation Division 1—General 4 Interpretation In this Act, unless the contrary intention appears: approved means approved by the Designated Authority under section 41. associate has the meaning given by subsection 26(1). associated agent of a holder has the meaning given by subsection 26(3). associated agent of an associated contractor has the meaning given by subsection 26(4). associated contractor has the meaning given by subsection 26(2). associated document file means an associated document file kept for the purposes of Part 3.1. associated employee of an associated contractor has the meaning given by subsection 26(6). associated employee of a holder has the meaning given by subsection 26(5). associated revenue Act means: (a) the Exploration Licence Fees Act; or (b) the Mining Licence Fees Act; or (c) the Retention Licence Fees Act; or (d) the Works Licence Fees Act; or (e) the Registration Fees Act; or (f) the Royalty Act; or (g) the Exploration Licence User Charge Act; or (h) the Retention Licence User Charge Act. block means a portion of an offshore area constituted according to section 17. caveat on a licence means a caveat against: (a) the registration of dealings in relation to the licence; or (b) the registration of a person as a holder of the licence under section 340. coastal waters of a State has the meaning given by section 16. Commonwealth Minister means a Minister of State for the Commonwealth. Commonwealth‑State offshore area has the meaning given by section 13. compliance direction means a direction under section 387 or 392. compliance inspection has the meaning given by section 377. confidential information has the meaning given by section 27. confidential sample has the meaning given by section 28. consent area means the block or blocks specified in a special purpose consent. Continental Shelf means the continental shelf of Australia within the meaning of the Seas and Submerged Lands Act 1973. dealing in a licence means a transaction that creates, transfers, affects or otherwise deals with an interest in the licence and includes: (a) a transfer of the licence; and (b) a transfer of a share in a licence. Designated Authority has the meaning given by section 29. Note: If this Act confers a power or function on a Designated Authority generally, that power can be exercised, and that function can be performed, as provided by section 30. discrete area has the meaning given by section 21. exploration has the meaning given by section 23. Exploration Licence Fees Act means the Offshore Minerals (Exploration Licence Fees) Act 1981. Exploration Licence User Charge Act means the Offshore Minerals (Exploration Licence User Charge) Act 1994. external territory means an external territory to which this Act extends under section 36. external territory offshore area has the meaning given by section 14. Fees Act means: (a) when used in relation to an exploration licence—the Offshore Minerals (Exploration Licence Fees) Act 1981; and (b) when used in relation to a retention licence—the Offshore Minerals (Retention Licence Fees) Act 1994; and (c) when used in relation to a mining licence—the Offshore Minerals (Mining Licence Fees) Act 1981; and (d) when used in relation to a works licence—the Offshore Minerals (Works Licence Fees) Act 1981; and includes regulations made under those Acts. Gazette means: (a) in relation to a Commonwealth‑State offshore area—the Government Gazette of the State; or (b) in relation to an external territory offshore area—the Commonwealth of Australia Gazette. holder of a licence has the meaning given by subsection 25(1). hydrocarbon means a hydrocarbon whether in a gaseous, liquid or solid state. inspector means an inspector appointed under section 421. interest, in relation to a licence, includes: (a) an equitable interest in the licence; and (b) a security interest in the licence. Joint Authority has the meaning given by section 32. Note: If this Act confers a power or function on a Joint Authority generally, that power can be exercised, and that function can be performed, as provided by section 33. licence means: (a) an exploration licence; or (b) a retention licence; or (c) a mining licence; or (d) a works licence. licence area means the block or blocks covered by a licence. mineral has the meaning given by section 22. Mining Licence Fees Act means the Offshore Minerals (Mining Licence Fees) Act 1981. native title and native title rights and interests have the same meaning as in the Native Title Act 1993. offshore area means a Commonwealth‑State offshore area or an external territory offshore area. offshore exploration or mining activity means: (a) the exploration for minerals in an offshore area; or (b) the recovery of minerals from an offshore area; or (c) activities carried out in an offshore area under a works licence. offshore mining register means a register kept for the purposes of Part 3.1. petroleum means: (a) a hydrocarbon or a mixture of hydrocarbons; or (b) a mixture of one or more hydrocarbons and one or more of the following: (i) hydrogen sulphide; (ii) nitrogen; (iii) helium; (iv) carbon dioxide. primary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which the applicant is given a written notice: (a) in the case of the grant of an exploration licence—under section 66 or 83; and (b) in the case of the renewal of an exploration licence—under section 110; and (c) in the case of the grant of a retention licence—under section 147; and (d) in the case of the renewal of a retention licence—under section 169; and (e) in the case of the grant of a mining licence—under section 210 or 227; and (f) in the case of the renewal of a mining licence—under section 246; and (g) in the case of the grant of a works licence—under section 279; and (h) in the case of the renewal of a works licence—under section 296. provisional holder means a person who has been provisionally granted a licence. recovery has the meaning given by section 24. registered means registered in an offshore mining register. Registration Fees Act means the Offshore Minerals (Registration Fees) Act 1981. reserved block is a block that is declared to be reserved under section 18. responsible Commonwealth Minister means the Commonwealth Minister who is responsible for the administration of this Act. responsible State Minister, for a State means the State Minister who is authorised under a law of the State to perform the functions of a Designated Authority under this Act. Retention Licence Fees Act means the Offshore Minerals (Retention Licence Fees) Act 1994. Retention Licence User Charge Act means the Offshore Minerals (Retention Licence User Charge) Act 1994. Royalty Act means the Offshore Minerals (Royalty) Act 1981. sample of the seabed or subsoil in an offshore area includes a core or cutting from the seabed or subsoil in that area. secondary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which an extension of the primary payment period for the grant or renewal concerned ends. share in a licence has the meaning given by subsections 6(1), (2) and (3). special purpose consent means a consent granted under Part 2.6. standard block has the meaning given by section 19. State has a meaning that is affected by the operation of section 5. State Minister means: (a) a Minister of State for a State; or (b) a Minister of State for the Northern Territory. successor licence to a licence has the meaning given by section 8. Note: See section 15. surrender day for an exploration licence means: (a) the day on which the initial term of the licence ends; or (b) a day on which the term of a renewal of the licence ends. tender block has the meaning given by section 20. the 1981 Act means the Minerals (Submerged Lands) Act 1981. transfer: (a) when used in relation to a licence—has the meaning given by subsection 7(1); and (b) when used in relation to a share in a licence—has the meaning given by subsections 7(2) and (3). vary a licence condition includes revoke or suspend. Works Licence Fees Act means the Offshore Minerals (Works Licence Fees) Act 1981. 5 Treatment of the Northern Territory For the purposes of this Act: (a) the Northern Territory is to be treated as though it were a State; and (b) the Legislative Assembly of the Northern Territory is to be treated as though it were the Parliament of a State; and (c) Ministers of the Northern Territory are to be treated as though they were Ministers of a State; and (d) the laws of the Northern Territory are to be treated as though they were State laws; and (e) the Northern Territory's courts, tribunals, authorities and officers are to be treated as though they were State courts, tribunals, authorities and officers. Note: For the significance of paragraphs (d) and (e) see Part 5.1 (application of State laws to Commonwealth‑State offshore areas). 6 Shares in a licence (1) A person has a share in a licence if the person is the holder, or one of the holders, of the licence. (2) If a holder is entitled to a particular percentage of the value of the rights conferred by a licence, that percentage is the holder's share in the licence. Note: A sole holder has a 100% share in the licence. (3) If: (a) a person is a registered holder of a licence; and (b) the person is shown in an offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the licence; the person's share in the licence is taken to be the percentage specified in the register. 7 Transfer of a licence (1) For the purposes of this Act, a licence is transferred if: (a) the licence has only one holder and the holder transfers the whole of his or her interest in the licence to another person or other persons; or (b) the licence has 2 or more holders and the holders all transfer the whole of their interests in the licence to another person or other persons. (2) For the purposes of this Act, a share in a licence is transferred if: (a) the licence has only one holder and the holder transfers a part of the holder's share in the licence to another person or other persons; or (b) the licence has 2 or more holders and: (i) some, but not all, of the holders transfer the whole of their shares in the licence to another person; or (ii) some or all of the holders transfer a part of their shares in the licence to another person. (3) The other person referred to in paragraph (2)(b) may be an existing licence holder. 8 Successor licences (1) If: (a) a mining licence takes effect immediately after an exploration licence expires; and (b) the holder of the mining licence immediately after it takes effect was the holder of the exploration licence immediately before it expired; the mining licence is a successor licence to the exploration licence. (2) If: (a) a retention licence takes effect immediately after an exploration licence expires; and (b) the holder of the retention licence immediately after it takes effect was the holder of the exploration licence immediately before it expired; the retention licence is a successor licence to the exploration licence. (3) If: (a) a mining licence takes effect immediately after a retention licence expires; and (b) the retention licence took effect immediately after an exploration licence expired; and (c) the holder of the mining licence immediately after it takes effect was the holder of the retention licence immediately before it expired; and (d) the holder of the retention licence immediately after it took effect was the holder of the exploration licence immediately before it expired; the mining licence is a successor licence to the exploration licence and the retention licence. 9 Notes, diagrams etc. form part of section etc. (1) For the purposes of this Act, a diagram is taken to be part of: (a) if the diagram occurs in a section containing subsections—the subsection immediately preceding the diagram; or (b) if the diagram occurs in a section without subsections—the section. (2) For the purposes of this Act, a Note is taken to be part of: (a) if the Note immediately follows a section without subsections—the section; or (b) if the Note immediately follows a subsection—the subsection; or (c) if the Note immediately follows a definition and is aligned with the text of the definition—the definition. 10 Position on the Earth's surface (1) Subject to subsection (2), this is how the position of a point, line or area on the Earth's surface is to be worked out for the purposes of this Act and subordinate instruments: (a) the position is to be worked out by reference to a spheroid that: (i) has a major (equatorial) radius of 6,378,160 metres; and (ii) has a flattening of 100/29825; and (b) the Johnston Geodetic Station in the Northern Territory is taken to be located 571.2 metres above the point on the surface of the spheroid that is at: (i) 133°12'30.0771" East Longitude; and (ii) 25°56'54.5515" South Latitude. (2) The position on the Earth's surface of a point or line specified in an International Seabed Agreement is to be worked out for the purposes of this Act and subordinate instruments in accordance with the Agreement. (3) In this section: International Seabed Agreement means: (a) the Agreement between Australia and Indonesia that was signed at Canberra on 18 May 1971 and established certain seabed boundaries; and (b) the Agreement between Australia and Indonesia that was signed at Jakarta on 9 October 1972 and established certain seabed boundaries in the area of the Timor and Arafura Seas; and (c) the Agreement between Australia and Indonesia that was signed at Jakarta on 12 February 1973 and that related to certain boundaries between Papua New Guinea and Indonesia; and (d) the treaty between Australia and the Independent State of Papua New Guinea concerning sovereignty and maritime boundaries in the area between the 2 countries, including the area known as the Torres Strait, and related matters that was signed at Sydney on 18 December 1978; and (e) the Agreement on Maritime Delimitation between the Government of Australia and the Government of the French Republic that was signed at Melbourne on 4 January 1982; and (f) the agreement between the Government of Australia and the Government of the Solomon Islands Establishing Certain Sea and Seabed Boundaries that was signed at Honiara on 13 September 1988; and (g) the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018; and includes those agreements as varied from time to time. subordinate instrument means: (a) the regulations; and (b) instruments made under this Act and the regulations. 11A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 12 Power to vary and revoke instruments (1) Under subsection 33(3) of the Acts Interpretation Act 1901, any provision of this Act that confers a power to do something in writing is also taken to confer the power to repeal, rescind, revoke, amend or vary the written document by which that thing is done. (2) The power to repeal, rescind, revoke, amend or vary: (a) must also be exercised in writing; and (b) is subject to the same procedural requirements as the original power; and (c) is subject to the same conditions as those that governed the exercise of the original power. Division 2—Basic concepts 13 Commonwealth‑State offshore areas (1) The Commonwealth‑State offshore area for a State is the area that is the offshore area for the State for the purposes of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Note 1: The offshore area for the purposes of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is worked out by taking an area off the coast of the State that is described in Schedule 1 to that Act and then excluding all waters within a line 3 nautical miles seaward of the territorial sea baseline and also excluding any areas that are beyond the outer limits of the Continental Shelf. The map in subsection 6(3) of that Act illustrates the offshore areas. Note 2: Neither of the following areas described in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is an offshore area of a State: (a) the Bayu‑Undan pipeline international offshore area; (b) the Greater Sunrise pipeline international offshore area. (2) The following diagram illustrates how a Commonwealth‑State offshore area relates to: (a) the territorial sea baseline; and (b) the 3 nautical mile limit (the outer limit of the State's coastal waters); and (c) the 12 nautical mile limit (the outer limit of the territorial sea); and (d) the outer limits of the Continental Shelf. Note 1: For the baseline see Australia's territorial sea baseline (AGPS) 1988: generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. Note 2: The Continental Shelf in a legal sense starts not from the coast but from the outer limits of the territorial sea. In a geophysical sense, of course, the continental shelf starts at the coast. The diagram shows the outer edge of the continental margin as the limit of the Continental Shelf but sometimes the 200 nautical mile limit defines the limit of the Continental Shelf. Note 3: Sometimes the outer limit of the Commonwealth‑State offshore area is a bilaterally negotiated boundary or a median line adopted pending bilateral negotiations. 14 External territory offshore areas (1) The external territory offshore area for the Territory of Ashmore and Cartier Islands is the area that is the offshore area for that Territory for the purposes of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Note 1: The offshore area for the Territory of Ashmore and Cartier Islands for the purposes of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is worked out by taking the area off the coast of the territory that is described in Schedule 1 to that Act and then excluding any areas that are beyond the Continental Shelf. Note 2: Under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, any land that is in the offshore area for the Territory of Ashmore and Cartier Islands is treated as submerged land and as part of the seabed and subsoil of that offshore area. (2) The external territory offshore area for Norfolk Island, the Territory of Heard Island and McDonald Islands, Christmas Island and Cocos (Keeling) Islands is the area which starts at the coastline of the Islands at mean low water and ends at the outer limit of the superjacent waters of the Continental Shelf adjacent to the coast of the islands. Note: Under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, the Coral Sea area is treated as being part of the offshore area for Queensland. Therefore, in this Act, the Coral Sea area is part of the Commonwealth‑Queensland offshore area. 15 Effect of change to, or reassessment of the location of, baseline (1) If: (a) a licence has been granted on the basis that an area is within an offshore area; and (b) there is a change to the baseline of Australia's territorial sea or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and (c) as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within an offshore area; this Act applies as if the area were still within the offshore area. (2) Subsection (1) continues to apply to the area only while the licence (and any successor licence) remains in force. (3) If: (a) a State offshore mining licence has been granted on the basis that an area is within the State's coastal waters; and (b) there is a change to the baseline of Australia's territorial sea or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and (c) as a result of the change to, or reassessment of the location of, the baseline, the area: (i) ceases to be within the State's coastal waters; and (ii) falls within an offshore area; this Act does not apply to the area. (4) Subsection (3) continues to apply to the area only while the State offshore mining licence (and any successor licence) remains in force. (5) In this section: State offshore mining licence means a licence granted under State law that authorises the holder to: (a) explore for or recover minerals (other than petroleum) in the seabed or subsoil under the State's coastal waters; or (b) carry out related activities. successor licence to a State offshore mining licence is a licence that is a successor licence to that licence for the purposes of State law. 16 Coastal waters of a State (1) The coastal waters of a State are so much of the area off the coast of the State that is described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 as is constituted by: (a) the first 3 nautical miles of the Australian territorial sea from the baseline; and (b) any waters that are inside the baseline and not within the limits of the State. (2) The following diagram illustrates the coastal waters of a State: Note: For the baseline see Australia's territorial sea baseline (AGPS) 1988: generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. 17 Blocks (1) This is how a block is constituted in an offshore area: (a) assume that there is laid over the offshore area a grid constituted by: (i) lines running along meridians drawn through each degree of longitude and the minutes between those degrees; and (ii) lines running along parallels drawn through each degree of latitude and the minutes between those degrees; (b) take a bounded space defined by the grid; (c) the seabed and subsoil within the offshore area that is under that space is a block in the offshore area. (2) The following diagram shows how a block is constituted: Note: Each block is identified by giving the name of the plan in the 1:1,000,000 map series, an identifying number of the 5 minute primary block and a letter identifying the 1 minute block. The block in the diagram is 1621(a) on the Darwin sheet. 18 Reserved block (1) Subject to subsection (3), the Joint Authority for a Commonwealth‑State offshore area may declare that a block in the offshore area is a reserved block. Note 1: A reserved block may be put up for tender by a Joint Authority publishing in the Gazette a tender block licence notice (see sections 74 and 218). Note 2: Paragraph 23(b) of the Acts Interpretation Act 1901 allows a single declaration under this subsection to be made in respect of 2 or more blocks. (2) Subject to subsection (3), the responsible Commonwealth Minister may declare that a block in an external territory offshore area is a reserved block. Note 1: A reserved block may be put up for tender by the responsible Commonwealth Minister publishing in the Gazette a tender block licence notice (see sections 74 and 218). Note 2: Paragraph 23(b) of the Acts Interpretation Act 1901 allows a single declaration under this subsection to be made in respect of 2 or more blocks. (3) A declaration under subsection (1) or (2) must not be made in relation to a block if: (a) a licence over that block is in force; or (b) an application for a licence over that block has been made and has not been determined. (4) A declaration under subsection (1) or (2) must be made by notice published in the Gazette. 19 Standard block A standard block is a block that is not the subject of a declaration under subsection 18(1) or (2). 20 Tender block A tender block is a block that is the subject of a tender block licence notice published by the Joint Authority under section 74 or section 218. 21 Discrete area A group of blocks forms a discrete area if the area formed by the blocks is continuous. 22 Mineral (1) A mineral is a naturally occurring substance or a naturally occurring mixture of substances. Note: This Act does not apply to petroleum (see section 35). (2) Without limiting subsection (1), a mineral may be in the form of sand, gravel, clay, limestone, rock, evaporites, shale, oil‑shale or coal. 23 Exploration (1) For the purposes of this Act, exploration for minerals includes any activity that is directly related to the exploration for minerals. (2) For the purposes of this Act, exploration does not include the exploration for minerals of the subsoil of a Commonwealth‑State offshore area that is carried out by means of underground mining from State land in accordance with any law of the State governing mineral exploration. 24 Recovery (1) For the purposes of this Act, recovery of minerals includes any activity that is directly related to the recovery of minerals. (2) For the purposes of this Act, recovery does not include the recovery of minerals from the subsoil of a Commonwealth‑State offshore area that is carried out by means of underground mining from State land in accordance with any law of the State governing mineral recovery. 25 Licence holder (1) For the purposes of this Act, the holder of a licence is the person whose name is on the relevant offshore mining register as the person who holds the licence. Note 1: This Act is based upon the grant and registration of licences. Note 2: If a licence is granted to a person, that person's name is entered on the register (see section 333). Note 3: The entry on the register in relation to a licence will be varied if there is a change in the licence holder (see subsection 338(5)). (2) A licence may be held by more than one person. 26 Associates (1) For the purposes of this Act, the following are the associates of a licence holder: (a) associated contractors of the holder; (b) associated agents of the holder; (c) associated agents of associated contractors; (d) associated employees of the holder; (e) associated employees of associated contractors. (2) A person is an associated contractor of the holder if: (a) the person enters an agreement with the holder for carrying out activities under the licence; or (b) the person enters an agreement with a person who is an associated contractor under paragraph (a) or this paragraph for carrying out activities under the licence. (3) A person is an associated agent of the holder if the person is the agent of, or acts on behalf of, the holder in relation to carrying out activities under the licence. (4) A person is an associated agent of an associated contractor if the person is the agent of, or acts on behalf of, the associated contractor in relation to carrying out activities under the licence. (5) A person is an associated employee of the holder if the person is employed by the holder and, in the course of that employment, carries out activities under the licence. (6) A person