Western Australia: Petroleum (Submerged Lands) Act 1982 (WA)

Western Australia Petroleum (Submerged Lands) Act 1982 Western Australia Petroleum (Submerged Lands) Act 1982 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Petroleum (Submerged Lands) Act 1967 repealed 1 4. Terms used 1 4A. Meaning of facility and offshore petroleum operation 1 5. Further provisions as to adjacent area 1 6A. Effect of alteration of adjacent area 1 6B. Infrastructure facilities 1 6. Meaning of certain references in Act 1 7. Space above and below adjacent area 1 8. Application of Act 1 9. Petroleum pool extending into 2 licence areas or other areas 1 10. Position on Earth's surface 1 Part II — Administration of the offshore area 11. Term used: Commonwealth Act 1 12. Minister as member of Joint Authority 1 15. Public service officers performing functions under Commonwealth Act 1 Part III — Mining for petroleum Division 1 — Preliminary 16. Delegation 1 17. Graticulation of Earth's surface 1 18. Reservation of blocks 1 18A. Issue of permits etc. in marine reserves 1 Division 2 — Exploration permits for petroleum 19. Exploration for petroleum 1 20. Advertisement of blocks 1 21. Application for permits 1 22A. Competing applications for same block 1 22. Grant or refusal of permit in relation to application 1 23A. Withdrawal of application 1 23B. Application continued after withdrawal of joint applicant 1 23C. Effect of withdrawal or lapse of application 1 23. Application for permit in respect of surrendered etc. blocks 1 24. Application fee etc. 1 25. Consideration of applications 1 26. Request by applicant for grant of permit in respect of advertised blocks 1 27. Grant of permit on request 1 27A. Grant of boundary‑change permit 1 28. Rights conferred by permit 1 29. Term of permit 1 30. Application for renewal of permit 1 31. Application for renewal of permit to be in respect of reduced area 1 32A. Certain permits cannot be renewed more than twice 1 32B. Limits on renewal of boundary‑change permits 1 32. Grant or refusal of renewal of permit 1 33. Conditions of permit 1 34. Discovery of petroleum to be notified 1 36. Nomination of blocks as location 1 37. Declaration of location 1 38. Immediately adjoining blocks 1 Division 2A — Retention leases for petroleum 38A. Application by permittee for lease 1 38B. Grant or refusal of lease in relation to application 1 38BA. Application of s. 38A and 38B where permit is transferred 1 38CA. Application by licensee for lease 1 38CB. Grant or refusal of lease in relation to application by licensee 1 38CC. Application of s. 38CA and 38CB if licence is transferred 1 38CD. Grant of lease as result of change to boundary of offshore area 1 38C. Rights conferred by lease 1 38D. Term of lease 1 38E. Notice of intention to cancel lease 1 38F. Application for renewal of lease 1 38G. Grant or refusal of renewal of lease 1 38H. Conditions of lease 1 38J. Discovery of petroleum to be notified 1 Division 3 — Production licences for petroleum 39. Recovery of petroleum in adjacent area 1 40. Application by permittee for licence 1 40A. Application for licence by holder of lease 1 41. Application for licence 1 42. Determination of rate of royalty 1 43. Notification as to grant of licence 1 44. Grant of licence 1 44A. Application of s. 41 to 44 where permit etc. transferred 1 45. Variation of licence area 1 46. Determination of permit as to block not taken up by licensee 1 47. Application for licence in respect of surrendered etc. blocks 1 48. Application fee etc. 1 49. Request by applicant for grant of licence 1 50. Grant of licence on request 1 51. Grant of licences in respect of individual blocks 1 51A. Grant of licence as result of change to boundary of offshore area 1 52. Rights conferred by licence 1 53. Term of licence 1 54A. Termination of licence if no operations for 5 years 1 54. Application for renewal of licence 1 55. Grant or refusal of renewal of licence 1 56. Conditions of licence 1 58. Directions as to recovery of petroleum 1 59. Unit development 1 Division 4A — Infrastructure licences 60A. Construction etc. of infrastructure facilities 1 60B. Application for infrastructure licence 1 60C. Notification as to grant of infrastructure licence 1 60D. Notices to be given by Minister 1 60E. Grant of infrastructure licence 1 60F. Rights conferred by infrastructure licence 1 60G. Term of infrastructure licence 1 60H. Termination of infrastructure licence if no operations for 5 years 1 60I. Conditions of infrastructure licence 1 60J. Variation of infrastructure licence 1 Division 4 — Pipeline licences 60K. Term used: adjacent area 1 60. Construction etc. of pipeline etc. 1 61. Acts done in an emergency etc. 1 62. Removal of pipeline etc. constructed in contravention of Act 1 63. Terminal station 1 64. Applications for pipeline licence 1 65. Grant or refusal of pipeline licence 1 66. Rights conferred by pipeline licence 1 67. Term of pipeline licence 1 68. Termination of pipeline licence if no operations for 5 years 1 70. Conditions of pipeline licence 1 71. Variation of pipeline licence on application by pipeline licensee 1 72. Variation of pipeline licence by Minister 1 73. Common carrier 1 74. Ceasing to operate pipeline 1 Division 5 — Registration of instruments 74J. Term used: title 1 75. Register of certain instruments to be kept 1 76. Particulars to be entered in register 1 77. Memorials to be entered of permits etc. determined etc. 1 78. Approval and registration of transfers 1 79. Entries in register on devolution of title 1 81. Approval of dealings creating etc. interests etc. in existing titles 1 81A. Approval of dealings in future interests etc. 1 82. True consideration to be shown 1 83. Minister not concerned with certain matters 1 84. Power of Minister to require information as to proposed dealings 1 85. Production and inspection of documents 1 86. Inspection of register and documents 1 87. Evidentiary provisions 1 87A. Minister may make corrections to register 1 88. Application to State Administrative Tribunal for order 1 90. Offences 1 91. Assessment of registration fee 1 92. Review of Minister's determination 1 93. Exemption from duty 1 Division 6 — General 94. Notice of grants of permits etc. to be published 1 95. Date of effect of permits etc. 1 96. Commencement of works 1 97. Work practices 1 97A. Conditions relating to insurance 1 98. Maintenance etc. of property 1 99. Sections 97, 97A and 98 to have effect subject to this Act etc. 1 101. Directions 1 102. Compliance with directions 1 103. Exemption from conditions 1 103A. Variation of petroleum title by including area as result of change to boundary of offshore area 1 104. Surrender of permits etc. 1 105. Cancellation of permits etc. 1 106. Cancellation of permit etc. not affected by other provisions 1 107. Removal of property etc. by permittee etc. 1 108. Removal of property etc. by Minister 1 111. Special prospecting authorities 1 112. Access authorities 1 113. Sale of property 1 115. Minister etc. may require information to be furnished etc. 1 116. Power to examine on oath 1 117. Failing to furnish information etc. 1 119. Exclusion zones 1 120. Discovery of water 1 122. Records etc. to be kept 1 123A. Data management: regulations 1 123. Scientific investigation 1 124. Interference with other rights 1 124A. Liability for payment of compensation to native title holders 1 124B. Interfering with offshore petroleum installation or operation 1 125. Inspectors 1 126. Powers of inspectors 1 126A. Protection from liability for wrongdoing 1 127. Property in petroleum 1 128. Suspension of rights conferred by permit 1 129. Certain payments to be made by State to Commonwealth 1 130. Determination to be disregarded in certain cases 1 131. Continuing offences 1 132. Persons concerned in commission of offences 1 133. Crimes and other offences 1 134. Orders for forfeiture in respect of certain offences 1 135. Disposal of goods 1 136. Time for bringing proceedings for offences 1 137. Judicial notice 1 137A. Evidentiary matters 1 138. Service 1 138A. Service of documents on 2 or more permittees etc. 1 Division 7 — Fees and royalties 139. Permit fees 1 139A. Lease fees 1 140. Licence fees 1 141A. Infrastructure licence fees 1 141. Pipeline licence fees 1 142. Time of payment of fees 1 143. Royalty 1 144. Reduction of royalty in certain cases 1 145. Royalty not payable in certain cases 1 145A. Royalty value 1 146. Ascertainment of well‑head 1 147. Ascertainment of value 1 148. Ascertainment of quantity of petroleum recovered 1 149. Payment of royalty 1 150. Penalty for late payment 1 151. Fees, royalties and penalties debts due to the State 1 Part IVA — Release of information Division 1 — Preliminary 152A. Terms used 1 Division 2 — Protection of confidentiality of information and samples Subdivision 1 — Information and samples obtained by the Minister 152B. Protection of confidentiality of information obtained by the Minister 1 152C. Protection of confidentiality of samples obtained by the Minister 1 152D. Information or samples obtained by Minister can be made available to certain persons 1 Subdivision 2 — Information and samples obtained by another Minister 152E. Protection of confidentiality of information obtained by another Minister 1 152F. Protection of confidentiality of samples obtained by another Minister 1 152G. Information or samples obtained by another Minister can be made available to certain persons 1 Subdivision 3 — Miscellaneous 152H. Fees 1 Part IV — General 152I. Certain things are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth) 1 152. Regulations 1 153. Transitional provisions (Sch. 3) 1 Schedule 2 — Scheduled area for Western Australia Schedule 3 — Transitional provisions Division 1 — Provisions for Petroleum and Energy Legislation Amendment Act 2010 1. Term used: amending Act 1 2. Section 31 (permit renewals) 1 3. Section 70 (conditions of pipeline licence) 1 4. Section 118 (release of information) 1 5. Section 3 and Sch. 3 and 4 (former transitional provisions) 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Petroleum (Submerged Lands) Act 1982 An Act to make provision with respect to the exploration for and the exploitation of the petroleum resources, and certain other resources, of certain submerged lands adjacent to the coast of Western Australia, to repeal the Petroleum (Submerged Lands) Act 1967, and for incidental and other purposes. Preamble Whereas in accordance with international law Australia as a coastal State has sovereign rights over the continental shelf beyond the limits of Australian territorial waters for the purpose of exploring it and exploiting its natural resources: And whereas Australia is a party to the Convention on the continental shelf signed at Geneva on 29 April 1958 in which those rights are defined: And whereas by the Seas and Submerged Lands Act 1973 of the Commonwealth it is declared and enacted that the sovereignty in respect of the territorial sea of Australia and in respect of the airspace over it and in respect of its seabed and subsoil, and the sovereignty in respect of certain internal waters of Australia and in respect of the airspace over those waters and in respect of the seabed and subsoil beneath those waters, is vested in and exercisable by the Crown in right of the Commonwealth: And whereas the Parliaments of the States and the Legislative Assembly of the Northern Territory have certain legislative powers in respect of the seabed and subsoil referred to in the last preceding recital and the Parliament of the Commonwealth has vested in the Crown in right of each of the States and the Crown in right of the Northern Territory certain proprietary rights in respect of that seabed and subsoil: And whereas it has been agreed between the Commonwealth, the States and the Northern Territory that, in place of the scheme provided for by an Agreement between the Commonwealth and the States dated 16 October 1967 — (a) legislation of the Parliament of the Commonwealth in respect of the exploration for and the exploitation of the petroleum resources of submerged lands should be limited to the resources of lands beneath waters that are beyond the outer limits of the territorial sea adjacent to the States and the Northern Territory (being outer limits based, unless and until otherwise agreed, on the breadth of that sea being 3 nautical miles), and that the States and the Northern Territory should share in the administration of that legislation; and (b) legislation of the Parliament of each State should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the State as is on the landward side of the waters referred to in paragraph (a); and (c) legislation of the Legislative Assembly of the Northern Territory should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the Northern Territory as is on the landward side of the waters referred to in paragraph (a); and (d) the Commonwealth, the States and the Northern Territory should endeavour to maintain, as far as practicable, common principles, rules and practices in the regulation and control of the exploration for and the exploitation of the petroleum resources of all the submerged lands referred to above that are on the seaward side of the inner limits of the territorial sea of Australia: [Preamble amended: No. 19 of 2010 s. 50.] Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: — Part I — Preliminary 1. Short title This Act may be cited as the Petroleum (Submerged Lands) Act 1982. 2. Commencement (1) This Act shall come into operation on the first day on which the following Acts of the Commonwealth, with or without amendments, are in operation, namely, the Seas and Submerged Lands Amendment Act 1980, the Coastal Waters (State Powers) Act 1980, the Coastal Waters (State Title) Act 1980 and the Petroleum (Submerged Lands) Amendment Act 1980. (2) The Minister shall as soon as is practicable after the commencement of this Act cause notice of the commencement to be published in the Gazette. 3. Petroleum (Submerged Lands) Act 1967 repealed (1) The Petroleum (Submerged Lands) Act 1967 is repealed. [(2) deleted] [Section 3 amended: No. 42 of 2010 s. 64.] 4. Terms used (1) In this Act, unless the contrary intention appears — access authority means an access authority under Part III; adjacent area, in relation to a pipeline or pipeline licence, has the meaning given in section 60K; adjacent area, other than in relation to a pipeline or pipeline licence, has the meaning given in section 5; application for a primary licence means an application under section 40(1) or (2) or 40A(1) or (2); application for a secondary licence means an application under section 40(3) or 40A(3); approved means approved by the Minister; block means a block constituted as provided by section 17; boundary-change permit means a permit granted under section 27A; Commonwealth Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth); Commonwealth lease means a petroleum retention lease as defined in the Commonwealth Act section 7; Commonwealth licence means a fixed‑term petroleum production licence as defined in the Commonwealth Act section 7; Commonwealth Minister means the Minister of the Crown in right of the Commonwealth for the time being administering the Commonwealth Act, and includes another Minister for the time being acting for and on behalf of that Minister; Commonwealth permit means a petroleum exploration permit as defined in the Commonwealth Act section 7; construct includes place and construction has a corresponding meaning; corresponding law means an Act of another State or a law in force in a Territory of the Commonwealth giving effect to the agreement between the Commonwealth, the States and the Northern Territory referred to in the preamble to this Act; document includes any map, book, record or writing; facility has the meaning given in section 4A; good oil‑field practice means all those things that are generally accepted as good and safe in the carrying on of exploration for petroleum, or in operations for the recovery of petroleum, as the case may be; good processing and transport practice means all those things that are generally accepted as good and safe in the processing and storage of petroleum and the preparation of petroleum for transport; granted, in relation to a boundary-change permit, a lease under section 38CD or a licence under section 51A, means taken to have been granted; graticular section means a section referred to in section 17; infrastructure facilities has the meaning given in section 6B; infrastructure licence means an infrastructure licence under Part III; infrastructure licence area, in relation to an infrastructure licence, means the place in respect of which the infrastructure licence is in force; infrastructure licensee means the registered holder of an infrastructure licence; inspector means a person appointed under section 125; Joint Authority means the Commonwealth‑Western Australia Offshore Petroleum Joint Authority established by the Commonwealth Act; lease means a retention lease under Part III; lease area means the area constituted by the blocks that are the subject of a lease; lessee means the registered holder of a lease; licence means a production licence for petroleum under Part III; licence area means the area constituted by the blocks that are the subject of a licence; licensee means the registered holder of a licence; location means a block or blocks in respect of which a declaration under section 37 is in force; natural resources has the same meaning as in paragraph 4 of Article 77 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982; Note for this definition Paragraph 4 of Article 77 is as follows: The natural resources referred to in this Part consist of the mineral and other non‑living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil. offshore area means the offshore area of Western Australia within the meaning of the Commonwealth Act section 7; offshore petroleum operation has the meaning given in section 4A; partly cancelled means — (a) in relation to a permit or lease or licence, cancelled as to one or more but not all of the blocks the subject of the permit or lease or licence; and (b) in relation to a pipeline licence, cancelled as to a part of the pipeline the subject of the licence; partly determined, in relation to a permit or lease, means determined as to one or more but not all of the blocks the subject of the permit or lease; permit means an exploration permit for petroleum under Part III, including a boundary-change permit; permit area means the area constituted by the blocks that are the subject of a permit; permittee means the registered holder of a permit; petroleum means — (a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or (b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or (c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon‑dioxide, and includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir in the adjacent area; petroleum pool means a naturally occurring discrete accumulation of petroleum; pipeline means a pipe or system of pipes in the adjacent area within the meaning of section 60K for conveying petroleum but does not include a pipe or system of pipes — (a) for returning petroleum to a natural reservoir; or (b) for conveying petroleum for use for the purposes of petroleum exploration operations or operations for the recovery of petroleum; or (c) for conveying petroleum that is to be flared or vented; or (d) for conveying petroleum from a well to a terminal station without passing through another terminal station, whether the terminal station to which the petroleum is conveyed is in that adjacent area or not; pipeline licence means a licence under Part III to construct and operate a pipeline; pipeline licensee means the registered holder of a pipeline licence; primary entitlement means — (a) in relation to a permittee, the number of blocks forming part of a location in the permit area in respect of which that permittee may make an application under section 40(1); and (b) in relation to a lessee, the number of blocks in the lease area in respect of which that lessee may make an application under section 40A(1); primary licence means a licence granted on an application under section 40(1) or (2) or 40A(1) or (2); pumping station means equipment for pumping petroleum or water and includes any structure associated with that equipment; register means the register kept in pursuance of Division 5 of Part III; registered holder, in relation to a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority, means the person whose name is for the time being shown in the register as being the holder of the permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority; Registration Fees Act means the Petroleum (Submerged Lands) Registration Fees Act 1982; regulations means regulations made under section 152; relinquished area means — (a) in relation to a permit, lease or licence that has expired, the area constituted by the blocks in respect of which the permit, lease or licence was in force but has not been renewed; and (b) in relation to a permit or lease that has been wholly determined or partly determined, the area constituted by the blocks as to which the permit or lease was so determined; and (c) in relation to a permit or licence that has been wholly cancelled or partly cancelled, the area constituted by the blocks as to which the permit or licence was so cancelled; and (ca) in relation to a lease that has been wholly cancelled, the area constituted by the blocks in respect of which the lease was in force; and (da) in relation to an infrastructure licence that has been surrendered, cancelled or terminated, the place that constituted the infrastructure licence area; and (d) in relation to a pipeline licence that is no longer in force, the part of the adjacent area in which the pipeline was constructed; and (e) in relation to a pipeline licence that has been wholly cancelled or partly cancelled, the part of the adjacent area in which the pipeline or the part of the pipeline, as the case may be, was constructed; and (f) in relation to a special prospecting authority or access authority that has been surrendered or cancelled, or has expired, the area constituted by the blocks in respect of which that authority was in force; royalty period, in relation to a permit or licence, means — (a) the period from and including the date from which the permit or licence has effect to the end of the month of the year during which that date occurs; and (b) each month thereafter; royalty value has the meaning applicable under section 145A(1) or (2); scheduled area means the scheduled area for Western Australia described in Schedule 2; secondary licence means a licence granted on an application under section 40(3) or 40A(3); secondary line means a pipe or system of pipes for any purpose referred to in paragraphs (a), (b), (c) and (d) of the definition of pipeline; special prospecting authority means a special prospecting authority under Part III; tank station means a tank or system of tanks for holding or storing petroleum and includes any structure associated with that tank or system of tanks; terminal station means a pumping station, a tank station or a valve station declared to be a terminal station under section 63 or under the Commonwealth Act or a corresponding law; territorial sea means the territorial sea of Australia and includes the territorial sea adjacent to any island forming part of Western Australia; valve station means equipment for regulating the flow of petroleum and includes any structure associated with that equipment; vessel means a vessel used in navigation, other than air navigation, and includes a barge, lighter or other floating vessel; water line means a pipe or system of pipes for conveying water in connection with petroleum exploration operations or operations for the recovery of petroleum; well means a hole in the seabed or subsoil made by drilling, boring or any other means in connection with exploration for petroleum or operations for the recovery of petroleum, but does not include a seismic shot hole; wholly cancelled, in relation to a permit, lease, licence or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit, lease, licence or pipeline licence; wholly determined, in relation to a permit or lease, means determined as to all the blocks the subject of the permit or lease. (2) Notes in this Act are provided to assist understanding and do not form part of the Act. [Section 4 amended: No. 12 of 1990 s. 160; No. 11 of 1994 s. 8; No. 13 of 2005 s. 34; No. 42 of 2010 s. 65; No. 57 of 2011 s. 4; No. 7 of 2017 s. 26; No. 36 of 2020 s. 335.] 4A. Meaning of facility and offshore petroleum operation (1) In this section — accommodation premises — (a) means residential premises the occupation of which is necessary for the purposes of workers' engagement at an offshore petroleum site; and (b) includes buildings and recreational facilities used in connection with the occupation of those premises; offshore petroleum site — (a) means a place at which an activity referred to in subsection (3) is, or is to be, carried out; and (b) includes any fixture, fitting, plant or structure at the place; place has the meaning given in the Work Health and Safety Act 2020 section 8(2); plant has the meaning given in the Work Health and Safety Act 2020 section 4; structure has the meaning given in the Work Health and Safety Act 2020 section 4; worker has the meaning given in the Work Health and Safety Act 2020 section 7. (2) For the purposes of this Act, a facility is a place at which offshore petroleum operations are carried out and it includes any fixture, fitting, plant or structure at the place. (3) For the purposes of this Act, an offshore petroleum operation is an activity carried out in the adjacent area for the purpose of any of the following — (a) exploring for petroleum; (b) drilling or servicing a well for petroleum; (c) extracting or recovering petroleum; (d) injecting petroleum into a natural underground reservoir; (e) processing petroleum; (f) handling or storing petroleum; (g) the piped conveyance or offloading of petroleum. (4) Without limiting subsection (3), an offshore petroleum operation includes the following activities — (a) planning, designing, preparing or constructing an offshore petroleum site if the activity is carried out at or in the vicinity of the offshore petroleum site; (b) commissioning, operating or maintaining an offshore petroleum site; (c) decommissioning or abandoning an offshore petroleum site or removing any fixture, fitting, plant or structure from an offshore petroleum site; (d) constructing, commissioning, operating or maintaining administrative or other support facilities at or in the vicinity of an offshore petroleum site; (e) an activity relating to the care, security or maintenance of an offshore petroleum site carried out at or in the vicinity of the offshore petroleum site; (f) constructing, commissioning, operating or maintaining accommodation premises at or in the vicinity of an offshore petroleum site; (g) a prescribed activity carried out in the adjacent area. (5) However, an offshore petroleum operation does not include the following activities — (a) using an offtake tanker; (b) using a tug or an anchor handler; (c) providing supplies to a vessel or structure or otherwise travelling between a vessel or structure and the shore; (d) a prescribed activity. [Section 4A inserted: No. 36 of 2020 s. 336.] 5. Further provisions as to adjacent area (1) For the purposes of subsection (2A), assume that the breadth of the territorial sea had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles. (2A) In this Act, unless the contrary intention appears — adjacent area means — (a) so much of the scheduled area as consists of the territorial sea; and (b) subject to subsection (2), any area that — (i) is within the scheduled area; and (ii) is on the landward side of the territorial sea and not within the limits of Western Australia; and (iii) was, immediately before 14 February 1983, the subject of an exploration permit for petroleum subsisting under the Petroleum (Submerged Lands) Act 1967 (Commonwealth). (2) Upon an area described in paragraph (b) of the definition of adjacent area in subsection (2A) becoming an area which is — (a) not the subject of a permit; and (aa) not the subject of a lease; and (b) not the subject of a licence; and (c) not the subject of an application for a lease or licence, the area ceases to be part of the adjacent area. [Section 5 amended: No. 12 of 1990 s. 161; No. 42 of 2010 s. 66.] 6A. Effect of alteration of adjacent area (1) In this section — Commonwealth instrument means an instrument under the Commonwealth Act that confers, in relation to the offshore area, some or all of the rights that a petroleum mining instrument confers in relation to the adjacent area; petroleum mining instrument means a permit, lease, licence, infrastructure licence or pipeline licence. (2) This section applies to a change to the boundary of the adjacent area whether occurring before, on or after the day on which the Petroleum and Energy Legislation Amendment Act 2010 section 67 comes into operation. (3) If — (a) a petroleum mining instrument has been granted on the basis that an area (the first area) is within the adjacent area; and (b) as a result of a change to the boundary of the adjacent area the first area — (i) ceases to be within the adjacent area; and (ii) falls within the offshore area, this Act applies in relation to the petroleum mining instrument as if the first area were still within the adjacent area. (4) Subsection (3) continues to apply to the first area only while the petroleum mining instrument remains in force. (5) If — (a) a Commonwealth instrument has been granted on the basis that an area (the second area) is within the offshore area; and (b) as a result of a change to the boundary of the adjacent area the second area — (i) ceases to be within the offshore area; and (ii) falls within the adjacent area, then, so far as the Commonwealth instrument is concerned, this Act does not apply to the second area. (6) Subsection (5) continues to apply to the second area only while the Commonwealth instrument remains in force. [Section 6A inserted No. 42 of 2010 s. 67; amended: No. 7 of 2017 s. 27.] 6B. Infrastructure facilities (1) In this Act — infrastructure facilities means facilities for engaging in any of the activities mentioned in subsection (2), being — (a) facilities that are resting on the seabed; or (b) facilities (including facilities that are floating) that are fixed or connected to the seabed; or (c) facilities that are attached or tethered to facilities referred to in paragraph (a) or (b). (2) The activities referred to in subsection (1) are the following — (a) remote control of facilities used for the recovery of petroleum in a licence area; (b) processing petroleum recovered in any place, including — (i) converting petroleum into another form by physical or chemical means or both (for example, converting it into liquefied natural gas or methanol); and (ii) partial processing of petroleum (for example, by the removal of water); (c) storing petroleum before it is transported to another place; (d) preparing petroleum (for example, by operations such as pumping or compressing) for transport to another place; (e) activities related to any of the above, but, except as mentioned in paragraph (a), do not include engaging in the exploration for, or recovery of, petroleum. [Section 6B inserted No. 42 of 2010 s. 67.] 6. Meaning of certain references in Act (1) In this Act, a reference to the term of a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority is a reference to the period during which the permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority remains in force and a reference to the date of expiration of a permit, lease, licence, special prospecting authority or access authority is a reference to the day on which the permit, lease, licence, special prospecting authority or access authority ceases to be in force. (2) In this Act, a reference to a year of the term of a permit, lease, licence, infrastructure licence or pipeline licence is a reference to a period of one year commencing on the day on which the permit, lease, licence, infrastructure licence or pipeline licence, as the case may be, comes into force or on any anniversary of that day. (3) In this Act, a reference to the renewal, or to the grant of a renewal, of a permit is a reference to the grant of a permit in respect of all or some of the blocks specified in the first‑mentioned permit to commence on the day after the date of expiration of the first‑mentioned permit or on the day after the date of expiration of the permit granted upon a previous renewal of the first‑mentioned permit. (3a) In this Act, a reference to the renewal, or to the grant of a renewal, of a lease is a reference to the grant of a lease in respect of the blocks in respect of which the first‑mentioned lease was in force to commence on the day after the date of expiration of the first‑mentioned lease or on the day after the date of expiration of the lease granted upon a previous renewal of the first‑mentioned lease. (4) In this Act, a reference to the renewal, or to the grant of a renewal, of a licence in respect of the blocks specified in the licence is a reference to the grant of a licence in respect of those blocks to commence on the day after the date of expiration of the first‑mentioned licence or on the day after the date of expiration of the licence granted upon a previous renewal of the first‑mentioned licence. [(5) deleted] (6) In this Act, a reference to a pipeline includes a reference to a part of a pipeline. (7) In this Act, a reference to a permit, lease, licence, infrastructure licence, pipeline licence or access authority is a reference to the permit, lease, licence, infrastructure licence, pipeline licence or access authority as varied for the time being under this Act. (8) The power conferred by this Act to make grant or issue any instrument shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to repeal, rescind, revoke, amend or vary any such instrument. [Section 6 amended: No. 12 of 1990 s. 162; No. 42 of 2010 s. 68.] 7. Space above and below adjacent area For the purposes of this Act — (a) the space above or below the adjacent area shall be deemed to be in that area; and (b) the space above or below an area that is part of the adjacent area shall be deemed to be in that part. [Section 7 amended: No. 13 of 2005 s. 46(1).] 8. Application of Act This Act applies to all natural persons, whether Australian citizens or not and whether resident in Western Australia or not, and to all corporations, whether incorporated or carrying on business in Western Australia or not. 9. Petroleum pool extending into 2 licence areas or other areas (1A) In this section — Joint Authority has the meaning given in the Commonwealth Act section 7. (1) Where a well‑head is situated in a licence area or in an area in respect of which an access authority is in force (in this subsection called an access authority area) and the well from that well‑head is inclined so as to enter a petroleum pool, being a pool that does not extend to that licence area or access authority area, at a place within an adjoining licence area of the same licensee or registered holder of the access authority, any petroleum recovered through that well shall be deemed to have been recovered in that adjoining licence area under the licence in respect of that area. (2) Where a petroleum pool is partly in one licence area and partly in an adjoining licence area of the same licensee and petroleum is recovered from that pool through a well or wells in one or both of the licence areas, there shall be deemed to have been recovered in each of the licence areas, under the licence in respect of that area, such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and the respective proportions shall be determined in accordance with subsection (3). (3) The proportions to be determined for the purposes of subsection (2) may be determined by agreement between the licensee and the Minister or, in the absence of agreement, may be determined by the Supreme Court on the application of the licensee or the Minister. (4) Where a petroleum pool is partly in a licence area and partly in an area (in this subsection referred to as the Commonwealth licence area) in which the licensee has authority under the Commonwealth Act to explore for, or recover, petroleum, and petroleum is recovered from that pool through a well or wells in the licence area, the Commonwealth licence area or both, there shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and that proportion shall be determined in accordance with subsection (5). (5) The proportion to be determined for the purposes of subsection (4) may be determined by agreement between the licensee, the Joint Authority and the Minister or, in the absence of agreement, may be determined by the Supreme Court on the application of the licensee, the Joint Authority or the Minister. (6) Where a petroleum pool is partly in a licence area and partly in an area (in this subsection called the other licence area) in which the licensee has authority, under a corresponding law, to explore for or recover petroleum, and petroleum is recovered from that pool through a well or wells in the licence area, the other licence area or both, there shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and that proportion shall be determined in accordance with subsection (7). (7) The proportion to be determined for the purposes of subsection (6) may be determined by agreement between the licensee, the Minister and the Minister administering the corresponding law or, in the absence of agreement, may be determined by the Supreme Court on the application of any of those persons. (7A) If a petroleum pool is partly in a licence area and partly in another area (in this subsection called the other area) in which the licensee has authority, under another written law, to explore for or recover petroleum, and petroleum is recovered from that pool through a well or wells in the licence area, the other area or both, there is taken to have been recovered in the licence area such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and that proportion is to be determined in accordance with subsection (7B). (7B) The proportion to be determined for the purposes of subsection (7A) may be determined by agreement between the licensee, the Minister and, if the other written law is administered by a Minister of the Crown other than the Minister, that Minister of the Crown or, in the absence of agreement, may be determined by the Supreme Court on the application of any of those persons. (8) Where — (a) a petroleum pool is partly in a licence area and partly in another area, being an area which is outside the adjacent area and in which the licensee has, under the Commonwealth Act or a corresponding law, authority to explore for, or recover, petroleum; and (b) petroleum is recovered from that pool; and (c) the Supreme Court of another State or of the Northern Territory makes a determination, under the Commonwealth Act or a corresponding law, of the proportion of the petroleum recovered from that pool that is, for the purposes of the Commonwealth Act or the corresponding law, to be deemed to have been recovered from the other area, the Supreme Court shall not make a determination under this section that is inconsistent with the determination of the Supreme Court of the other State or of the Northern Territory. (8A) If — (a) an agreement is in force to explore for, or recover, petroleum between — (i) a licensee, the Joint Authority and the Minister in relation to a petroleum pool that is partly in the licence area and partly in another area (the other area) in which the licensee has authority under the Commonwealth Act; or (ii) a licensee, the Minister and the Minister administering a corresponding law in relation to a petroleum pool that is partly in the licence area and partly in another area (the other area) in which the licensee has authority under the corresponding law; or (iii) a licensee, the Minister and, if the other written law mentioned in this subparagraph is administered by a Minister of the Crown other than the Minister, that Minister of the Crown in relation to a petroleum pool that is partly in the licence area and partly in another area (the other area) in which the licensee has authority under another written law; and (b) the agreement contains a provision (the apportionment provision) that provides that, for the purposes of this section, there is taken to be recovered in the licence area a specified proportion of all of the petroleum recovered from the petroleum pool; and (c) assuming that petroleum were recovered from the part of the seabed that is within the areal and vertical extents specified in the agreement, the specified proportion would be consistent with such proportion of all petroleum so recovered as may reasonably be treated as being derived from the licence area, having regard to the nature and probable extent of the petroleum in that part of the seabed; and (d) the agreement contains a provision to the effect that if it becomes apparent that the areal and vertical extents of the petroleum pool, as specified in the agreement, comprise or are likely to comprise more than one petroleum pool, the apportionment set out in the apportionment provision will apply to the petroleum recovered from any or all of those petroleum pools, regardless of their location but within those areal and vertical extents; and (e) after the time of the making of the agreement, it becomes apparent that the areal and vertical extents of the petroleum pool, as specified in the agreement, comprise, or are likely to comprise, 2 or more petroleum pools; and (f) petroleum is recovered from any of those petroleum pools through a well or wells in the licence area, the other area or both, then — (g) for the purposes of this Act, there is taken to have been recovered in the licence area such proportion of all petroleum so recovered as is specified in the apportionment provision; and (h) subsection (4), (6) or (7A), as the case requires, does not apply to any of those petroleum pools. (8B) The question of whether there is or was a petroleum pool covered by subsection (8A)(a) is to be determined on the basis of information known at the time of the making of the relevant agreement referred to in that provision. (8C) The question of whether subsection (8A)(c) applies is to be determined on the basis of information known at the time of the commencement of the apportionment provision. (8D) The location of any of the 2 or more petroleum pools mentioned in subsection (8A)(e) is immaterial. (8E) If — (a) at a particular time after the commencement day, a petroleum pool is partly in a licence area and partly in another area (the other area) in which the licensee has authority under the Commonwealth Act, a corresponding law or another written law to explore for, or recover, petroleum; and (b) at that time, an agreement is made between — (i) if the licensee has authority under the Commonwealth Act — the licensee, the Joint Authority and the Minister; or (ii) if the licensee has authority under a corresponding law — the licensee, the Minister and the Minister administering the corresponding law; or (iii) if the licensee has authority under another written law — the licensee, the Minister and, if the other written law is administered by a Minister of the Crown other than the Minister, that Minister of the Crown; and (c) the agreement specifies a part of the seabed by reference to its areal and vertical extents; and (d) the areal and vertical extents of the specified part consist of — (i) the whole or a part of the licence area; and (ii) the whole or a part of the other area; and (e) the areal and vertical extents of the specified part include the petroleum pool; and (f) the agreement contains a provision (the apportionment provision) that provides that, for the purposes of this section, there is taken to be recovered in the licence area a specified proportion of all of the petroleum recovered from the specified part; and (g) assuming that petroleum were recovered from the specified part, the specified proportion would be consistent with such proportion of all petroleum so recovered as may reasonably be treated as being derived from the licence area, having regard to the nature and probable extent of the petroleum in the specified part; and (h) petroleum is recovered from the specified part through a well or wells in the licence area, the other area or both, then — (i) for the purposes of this Act, there is taken to have been recovered in the licence area such proportion of all petroleum so recovered as is specified in the apportionment provision; and (j) subsection (4), (6) or (7A), as the case requires, does not apply to a petroleum pool located in the specified part. (8F) The question of whether there is or was a petroleum pool covered by subsection (8E)(a) at a particular time is to be determined on the basis of information known at that time. (8G) The question of whether subsection (8E)(g) applies is to be determined on the basis of information known at the time of the commencement of the apportionment provision. (8H) In subsection (8E)(a) — commencement day means the day on which the Petroleum Legislation Amendment Act 2017 section 28 comes into operation. (9) Where — (a) a petroleum pool is partly in a licence area and partly in another area, whether in the adjacent area or not, in respect of which another person has authority, whether under this Act, another written law, the Commonwealth Act or a corresponding law, to explore for or recover petroleum; and (b) a unit development agreement in accordance with section 59 is in force between the licensee and that other person; and (c) petroleum is recovered from that pool through a well or wells in the licence area, the other area or both, there shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as is specified in, or determined in accordance with, the agreement. (10) In this section a reference to a licence, a licensee or a licence area shall be read as including a reference to a permit and a lease, a permittee and a lessee or a permit area and a lease area. [Section 9 amended: No. 12 of 1990 s. 163; No. 7 of 2017 s. 28.] 10. Position on Earth's surface (1) Where, for the purposes of this Act, or for the purposes of an instrument under this Act, it is necessary to determine the position on the surface of the Earth of a point, line or area, that position is to be determined by reference to the prescribed Australian datum. (2) A datum may be prescribed for all or some of the purposes referred to in subsection (1), and different datums may be prescribed for different purposes. (3) Regulations that prescribe a datum for a purpose referred to in subsection (1), or amend that datum or prescribe another datum to replace that datum, may make any transitional or savings provisions that are necessary or convenient to be made — (a) in relation to permits, leases, licences, pipeline licences, special prospecting authorities or access authorities granted before the regulations take effect; or (b) in relation to applications for permits, leases, licences, pipeline licences, special prospecting authorities or access authorities pending when the regulations take effect; or (c) for any other purpose. (4) Regulations referred to in subsection (3) may modify or otherwise affect the operation of this Act. (5) Without limiting subsection (2), a datum is to be prescribed by regulations referred to in this section for the purposes of the determination of the position on the surface of the Earth of the boundary of the area described in Schedule 2. [Section 10 inserted: No. 54 of 2000 s. 8(2); amended: No. 13 of 2005 s. 46(2).] Part II — Administration of the offshore area [Heading amended: No. 42 of 2010 s. 69.] 11. Term used: Commonwealth Act In this Part — Commonwealth Act means — (a) the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth); or (b) the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 2 (Commonwealth); or (c) the Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2006 3 (Commonwealth); or (d) the Offshore Petroleum (Royalty) Act 2006 (Commonwealth). [Section 11 inserted: No. 42 of 2010 s. 70; amended: No. 7 of 2017 s. 29.] 12. Minister as member of Joint Authority (1) The Minister may exercise any power which a Commonwealth Act is expressed to authorise him to exercise as a member of the Joint Authority. (2) The Minister shall perform any function or duty which a Commonwealth Act is expressed to require him to perform as a member of the Joint Authority. [Section 12 amended: No. 42 of 2010 s. 71.] [13, 14. Deleted: No. 7 of 2017 s. 30.] 15. Public service officers performing functions under Commonwealth Act (1) In this section — officer means a public service officer employed in the department of the Public Service principally assisting the Minister in the administration of this Act. (2) An officer is to perform any function or duty that the Minister, as a member of the Joint Authority, requires the officer to perform in relation to a Commonwealth Act. [Section 15 inserted: No. 7 of 2017 s. 31.] [Part IIA (s. 15A) deleted: No. 36 of 2020 s. 337.] Part III — Mining for petroleum Division 1 — Preliminary 16. Delegation (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him delegate to a person any of his powers, functions or duties under this Act, other than this power of delegation. (2) A power, function or duty so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister. (3) A delegation under this section may be expressed as a delegation to the person for the time being holding, or performing the duties of, a specified office under the Commonwealth, a State or a Territory. (4) A delegation under this section made at any time by a person who is at that time the Minister continues in force notwithstanding that at some subsequent time a different person is the Minister or there is no person who is the Minister, but such a delegation may be revoked or varied by any person who is for the time being the Minister. (5) A delegation under this section of a power, function or duty does not prevent the exercise of the power or performance of the function or duty by the Minister. (6) A copy of each instrument making, varying or revoking a delegation shall be published in the Gazette. [Section 16 amended: No. 13 of 2005 s. 46(2).] 17. Graticulation of Earth's surface (1) For the purposes of this Act, the surface of the earth shall be deemed to be divided — (a) by the meridian of Greenwich and by meridians that are at a distance from that meridian of 5 minutes, or a multiple of 5 minutes, of longitude; and (b) by the equator and by parallels of latitude that are at a distance from the equator of 5 minutes, or a multiple of 5 minutes, of latitude, into sections, each of which is bounded — (c) by portions of 2 of those meridians that are at a distance from each other of 5 minutes of longitude; and (d) by portions of 2 of those parallels of latitude that are at a distance from each other of 5 minutes of latitude. (2) For the purposes of this Act — (a) a graticular section that is wholly within the adjacent area constitutes a block; and (b) if a part only of a graticular section is, or parts only of a graticular section are, within the adjacent area, the area of that part, or of those parts, constitutes a block. (3) In this Act — (a) a reference to a block that is constituted by a graticular section includes a reference to a block that is constituted by the area of a part only, or by the areas of parts only, of a graticular section; and (b) a reference to a graticular section that constitutes a block includes a reference to a graticular section part only of which constitutes, or parts only of which constitute, a block. (4) Without limiting subsection (2) of section 10, a datum is to be prescribed by regulations referred to in that section for the purposes of the determination of the position on the surface of the Earth of a graticular section or a block. [Section 17 amended: No. 54 of 2000 s. 8(3).] 18. Reservation of blocks (1) The Minister may, by instrument published in the Gazette, declare that a permit, lease, licence, infrastructure licence, special prospecting authority or access authority shall not be granted in respect of a block specified in the instrument and that a pipeline licence shall not be granted in respect of a pipeline over or in that block. (2A) A declaration cannot be made under subsection (1) in respect of a block in respect of which a permit, lease, licence or infrastructure licence is in force or over or in which there is a pipeline. (2) While a declaration under subsection (1) remains in force in respect of a block, a permit, lease, licence, infrastructure licence, special prospecting authority or access authority shall not be granted in respect of that block and a pipeline licence shall not be granted in respect of a pipeline over or in that block. [Section 18 amended: No. 12 of 1990 s. 164; No. 42 of 2010 s. 75.] 18A. Issue of permits etc. in marine reserves (1) Before granting or renewing a permit, access authority, special prospecting authority, lease or licence in respect of any marine reserve, the Minister shall first notify the Minister for the time being charged with the administration of the Conservation and Land Management Act 1984. (2) In this section — marine reserve means a marine nature reserve, marine park or marine management area within the meaning of the Conservation and Land Management Act 1984. [Section 18A inserted: No. 5 of 1997 s. 44.] Division 2 — Exploration permits for petroleum 19. Exploration for petroleum (1) A person shall not explore for petroleum in the adjacent area except — (a) under and in accordance with a permit; or (b) as otherwise permitted by this Part. Penalty: a fine of $50 000 or imprisonment for 5 years, or both. (2) In subsection (1) to explore for petroleum includes to conduct any geophysical survey, the data from which is intended for use in the search for petroleum. [Section 19 amended: No. 28 of 1994 s. 80; No. 42 of 2010 s. 171.] 20. Advertisement of blocks (1) The Minister may, by instrument published in the Gazette — (a) invite applications for the grant of a permit in respect of the block or blocks specified in the instrument; and (b) specify a period within which applications may be made. (2) The Minister may, for reasons that he thinks sufficient, in an instrument under subsection (1), direct that section 21(2) or (3) does not apply, or that both of those subsections do not apply, to or in relation to the applications. [Section 20 amended: No. 12 of 1990 s. 165.] 21. Application for permits (1) An application under section 20 — [(a) deleted] (b) shall be made in an approved manner; and (c) shall be in respect of not more than 400 blocks; and (d) shall be accompanied by particulars of — (i) the proposals of the applicant for work and expenditure in respect of the blocks specified in the application; and (ii) the technical qualifications of the applicant and of his employees; and (iii) the technical advice available to the applicant; and (iv) the financial resources available to the applicant; and (e) may set out other matters that the applicant wishes the Minister to consider; and (f) shall be accompanied by the prescribed fee. (2) The number of blocks specified in the application — (a) if 16 blocks or more are available, shall not be less than 16; or (b) if less than 16 blocks are available, shall be the number available. (3) The blocks specified in the application shall be blocks that are constituted by graticular sections that — (a) constitute a single area; and (b) are such that each graticular section in that area has a side in common with at least one other graticular section in that area. (4) The Minister may, at any time, by instrument in writing served on the applicant, require him to furnish, within the time specified in the instrument, further information in writing in connection with his application. [Section 21 amended: No. 12 of 1990 s. 166; No. 42 of 2010 s. 76.] 22A. Competing applications for same block (1) This section applies if 2 or more applications have been made under section 20 for the grant of a permit in respect of the same block or blocks. (2) The Minister may grant the permit to whichever applicant, in the Minister's opinion, is most deserving of the grant of the permit having regard to criteria made publicly available by the Minister. (3) For the purposes of subsection (2), the Minister may rank the applicants in the order in which they are deserving of the grant, the most deserving applicant being ranked highest. (4) The Minister may exclude from the ranking any applicant that, in the Minister's opinion, is not deserving of the grant of the permit. (5) If the Minister is of the opinion that, after considering the information accompanying the applications, 2 or more of the applicants are equally deserving of the grant of the permit, the Minister may, by written notice served on each of those applicants, invite them to give to the Minister, within a period stated in the notice, particulars of the applicant's proposals for additional work and expenditure in respect of the block or blocks specified in the application, being particulars that the Minister considers to be relevant in determining which of the applicants is most deserving of the grant of the permit. (6) If any particulars are given by applicants to the Minister in accordance with the invitations contained in the notices served under subsection (5), the Minister shall have regard to the particulars in determining whichever of the applicants is most deserving of the grant of the permit. [Section 22A inserted: No. 42 of 2010 s. 77.] 22. Grant or refusal of permit in relation to application (1) Where an application has been made under section 20, the Minister may — (a) by instrument in writing served on the applicant inform the applicant that the Minister is prepared to grant to the applicant a permit in respect of the block or blocks specified in the instrument; or (b) refuse to grant a permit to the applicant. (2) An instrument under subsection (1) shall contain — (a) a summary of the conditions subject to which the permit is to be granted; and (b) a statement to the effect that the application will lapse if the applicant does not make a request under subsection (3) in respect of the grant of the permit. (3) An applicant on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on him, or within such further period, not exceeding one month, as the Minister, on application in writing served on him before the expiration of the first‑mentioned period of one month, allows, by instrument in writing served on the Minister, request the Minister to grant to the applicant the permit referred to in the first‑mentioned instrument. (4) Where an applicant on whom there has been served an instrument under subsection (1) has made a request under subsection (3) within the period applicable under subsection (3), the Minister shall grant to him an exploration permit for petroleum in respect of the block or blocks specified in the instrument. (5) Where an applicant on whom there has been served an instrument under subsection (1) has not made a request under subsection (3) within the period applicable under subsection (3), the application lapses upon the expiration of that period. [Section 22 amended: No. 28 of 1994 s. 81.] 23A. Withdrawal of application The person who has made, or all the persons who have jointly made, an application under section 20 for the grant of a permit may, by written notice served on the Minister, withdraw the application at any time before a permit is granted in respect of the application. [Section 23A inserted: No. 42 of 2010 s. 78.] 23B. Application continued after withdrawal of joint applicant If — (a) an application made under section 20 for the grant of a permit was a joint application; and (b) all of the joint applicants, by written notice served on the Minister, inform the Minister that one or more, but not all, of them, as specified in the notice, withdraw from the application, the following paragraphs have effect — (c) the application continues in force as if it had been made by the remaining applicant or applicants; (d) if the Minister had informed the joint applicants that the Minister was prepared to grant to the applicants a permit in respect of the block or blocks to which the application relates — the Minister is taken not to have so informed the applicants. [Section 23B inserted: No. 42 of 2010 s. 78.] 23C. Effect of withdrawal or lapse of application If — (a) 2 or more applications have been made under section 20 for the grant of a permit in respect of the same block or blocks; and (b) one or more, but not all, of the applications are withdrawn or have lapsed, the following paragraphs have effect — (c) the withdrawn or lapsed application or applications are taken not to have been made; (d) if the Minister had informed the applicant or one of the applicants whose application had been withdrawn or had lapsed that the Minister was prepared to grant to that applicant a permit in respect of the block or blocks — the Minister is taken not to have so informed the applicant concerned; (e) if the applicant or one of the applicants whose application had been withdrawn had requested the Minister under section 22(3) to grant a permit to the applicant concerned — the request is taken not to have been made; (f) if the Minister had refused to grant a permit to the remaining applicant or any of the remaining applicants — the refusal or refusals are taken not to have occurred. [Section 23C inserted: No. 42 of 2010 s. 78.] 23. Application for permit in respect of surrendered etc. blocks (1) Where — (a) a lease is surrendered, cancelled or determined as to a block or blocks; or (aa) a licence is surrendered or cancelled as to a block or blocks; or (b) a permit is surrendered, cancelled or determined as t