Offshore Minerals Act 2003 (WA)

Western Australia Offshore Minerals Act 2003 Western Australia Offshore Minerals Act 2003 Contents Chapter 1 — Introduction Part 1.1 — Legislative formalities and background 1. Short title 1 2. Commencement 1 3. Commonwealth‑State agreement (the Offshore Constitutional Settlement) 1 Part 1.2 — Interpretation Division 1 — General 4. Notes in the text 1 5. Interpretation 1 5A. Relationship with Environmental Protection Act 1986 1 6. Shares in a licence 1 7. Transfer of a licence 1 8. Successor licences 1 9. Section number not used 1 10. Position on the Earth's surface 1 11. Section number not used 1 12. Power to vary and revoke instruments 1 Division 2 — Basic concepts 13. – 15. Section numbers not used 1 16. Coastal waters, and effect of change in baseline 1 17. Blocks 1 18. Reserved block 1 19. Standard block 1 20. Tender block 1 21. Discrete area 1 22. Minerals 1 23. Exploration 1 24. Recovery 1 25. Licence holder 1 26. Associates 1 27. Confidential information 1 28. Confidential sample 1 Part 1.3 — Administration of the Commonwealth‑State offshore area 29. Definitions 1 30. Minister as member of Joint Authority, or as Designated Authority 1 31. State officer acting under delegation 1 32. – 34. Section numbers not used 1 Part 1.4 — Application of this Act 35. Act does not apply to exploration for or recovery of petroleum 1 36. Section number not used 1 37. Act applies to all individuals and corporations 1 Chapter 2 — Regulation of offshore exploration and mining Part 2.1 — General 38. General prohibition on exploring and mining without appropriate authorisation 1 38A. Exploration and mining in marine reserves and fish habitat protection areas 1 38B. Consultation with other Ministers 1 39. Licences and consents available under this Act 1 40. Steps involved in the grant of a fully effective licence 1 41. Approval of form and manner of applications etc. 1 42. Rights to minerals recovered 1 43. Effect of grant of licence or special purpose consent on native title 1 44. Licence etc. does not authorise unnecessary interference with other activities in the licence area 1 Part 2.2 — Exploration licences Division 1 — General 45. Exploration licences 1 46. Activities authorised by an exploration licence 1 47. Minister may cancel or not renew exploration licence without compensation 1 48. Licence rights may be suspended 1 49. Compensation for acquisition of property due to suspension of rights 1 Division 2 — Application for and grant of exploration licence over standard blocks 50. Application for exploration licence over standard block 1 51. Excluded blocks 1 52. Minister may determine that excluded block is available 1 53. Minister may allow application for more than one discrete area 1 54. How to apply 1 55. Effect of inclusion of unavailable block in application 1 56. Payment of fee 1 57. Application must be advertised 1 58. How multiple applications are dealt with 1 59. Discussions about blocks applied for 1 60. Advertising revised application 1 61. Request for further information 1 62. Section number not used 1 63. Minister may provisionally grant licence 1 64. Section number not used 1 65. Matters to be specified in the licence 1 66. Applicant must be notified 1 67. Amendment of conditions 1 68. Amendment of security requirements 1 69. Extension of primary payment period 1 70. Acceptance of grant of exploration licence for standard block 1 71. Conditions applicable to licence on grant 1 72. Lapse of provisional grant of exploration licence 1 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 1 74. Minister may invite applications for exploration licence over tender blocks 1 75. Tender block licence notice — exploration licence 1 76. Application for exploration licence over tender blocks 1 77. How to apply 1 78. Payment of fee 1 79. Request for further information 1 80. Section number not used 1 81. Minister may provisionally grant licence 1 82. Section number not used 1 83. Successful applicant must be notified 1 84. Acceptance of grant of exploration licence over tender blocks 1 85. Conditions applicable to licence on grant 1 86. Lapse of provisional grant of exploration licence 1 87. Provisional grant to next applicant if grant lapses 1 Division 4 — Duration of exploration licence 88. Initial term of exploration licence 1 89. Term of renewal of exploration licence 1 90. Effect of suspension of rights on term of exploration licence 1 91. Effect of application for renewal on term of exploration licence 1 92. Effect of application for retention licence or mining licence on term of exploration licence 1 93. Effect of application for extension on term of licence 1 94. Extension of licence — activities disrupted 1 95. Grant of licence extension — activities disrupted 1 96. Extension of licence — other circumstances 1 97. Grant of licence extension — other circumstances 1 98. Notification of decision 1 Division 5 — Voluntary surrender of part of exploration licence area 99. Voluntary surrender of blocks if discrete area remains 1 100. Voluntary surrender of blocks if up to 3 discrete areas remain 1 Division 6 — Application for and grant of renewal of exploration licence 101. Application for renewal of exploration licence 1 102. When application to be made 1 103. How to apply for renewal 1 104. Mandatory reduction of licence area on renewal of exploration licence 1 105. Request for further information 1 106. Payment of fee 1 107. Section number not used 1 108. Provisional renewal of an exploration licence 1 109. Section number not used 1 110. Applicant must be notified 1 111. Amendment of conditions 1 112. Amendment of security requirements 1 113. Extension of primary payment period 1 114. Acceptance of renewal of exploration licence 1 115. Conditions applicable to licence on renewal 1 116. Lapse of provisional renewal of exploration licence 1 Division 7 — Obligations associated with exploration licence 117. General 1 118. Conditions of exploration licence 1 119. No conditions requiring payment of money 1 120. Variation of conditions 1 121. Exemption from or suspension of conditions 1 122. Automatic suspension of conditions if licence rights are suspended 1 123. Work practices 1 124. Licence holder must keep specified records etc. 1 125. Licence holder must assist inspectors 1 Division 8 — Expiry of exploration licence 126. General 1 127. Voluntary surrender of exploration licence 1 128. Automatic expiry of exploration licence when retention licence takes effect 1 129. Automatic expiry of exploration licence when mining licence takes effect 1 130. Cancellation of exploration licence 1 131. Obligations of former exploration licence holders and former associates 1 Part 2.3 — Retention licences Division 1 — General 132. Retention licences 1 133. Activities authorised by a retention licence 1 134. Minister may cancel or not renew retention licence without compensation 1 135. Licence rights may be suspended 1 136. Compensation for acquisition of property due to suspension of rights 1 Division 2 — Application for and grant of retention licence 137. Application for retention licence 1 138. How to apply 1 139. Payment of fee 1 140. Application must be advertised 1 141. Request for further information 1 142. Section number not used 1 143. Minister may provisionally grant licence 1 144. Section number not used 1 145. Grounds for granting retention licence 1 146. Matters to be specified in the licence 1 147. Applicant must be notified 1 148. Amendment of conditions 1 149. Amendment of security requirements 1 150. Extension of primary payment period 1 151. Acceptance of grant of retention licence 1 152. Conditions applicable to licence on grant 1 153. Lapse of provisional grant of retention licence 1 Division 3 — Duration of retention licence 154. Initial term of retention licence 1 155. Term of renewal of licence 1 156. Effect of application for renewal on term of retention licence 1 157. Effect of application for mining licence on term of retention licence 1 Division 4 — Voluntary surrender of part of retention licence area 158. Voluntary surrender of blocks if discrete area remains 1 Division 5 — Application for and grant of renewal of retention licence 159. Application for renewal of retention licence 1 160. When application to be made 1 161. How to apply for renewal 1 162. Request for further information 1 163. Payment of fee 1 164. Section number not used 1 165. Provisional renewal of retention licence 1 166. Section number not used 1 167. Matters that may be taken into account 1 168. Refusal of application for renewal 1 169. Applicant must be notified 1 170. Amendment of conditions 1 171. Amendment of security requirements 1 172. Extension of primary payment period 1 173. Acceptance of renewal of retention licence 1 174. Conditions applicable to licence on renewal 1 175. Lapse of provisional renewal of retention licence 1 Division 6 — Obligations associated with retention licence 176. General 1 177. Conditions of retention licence 1 178. No conditions requiring payment of money 1 179. Variation of conditions 1 180. Exemption from or suspension of conditions 1 181. Automatic suspension of conditions if licence rights are suspended 1 182. Significant changes in circumstances to be reported to Minister 1 183. Work practices 1 184. Licence holder must keep specified records etc. 1 185. Licence holder must assist inspectors 1 Division 7 — Expiry of retention licence 186. General 1 187. Voluntary surrender of retention licence 1 188. Automatic expiry of retention licence when mining licence takes effect 1 189. Cancellation of retention licence, breach of condition etc. 1 190. Cancellation of retention licence, mining activities viable 1 191. Obligations of former retention licence holders and former associates 1 Part 2.4 — Mining licences Division 1 — General 192. Mining licences 1 193. Activities authorised by a mining licence 1 194. Minister may cancel or not renew mining licence without compensation 1 195. Licence rights may be suspended 1 196. Compensation for acquisition of property due to suspension of rights 1 Division 2 — Application for and grant of mining licence over standard blocks 197. Application for mining licence over vacant standard block 1 198. Holder of exploration licence or retention licence may apply for mining licence 1 199. How to apply 1 200. Effect of inclusion of unavailable block in application 1 201. Payment of fee 1 202. Application must be advertised 1 203. How multiple applications are dealt with 1 204. Request for further information 1 205. Section number not used 1 206. Minister may provisionally grant licence 1 207. Restriction in case of marine nature reserve or marine park 1 208. Refusal of application for mining licence made under section 198 1 209. Matters to be specified in the licence 1 210. Applicant must be notified 1 211. Amendment of conditions 1 212. Amendment of security requirements 1 213. Extension of primary payment period 1 214. Acceptance of grant of mining licence for standard block 1 215. Conditions applicable to licence on grant 1 216. Lapse of provisional grant of mining licence 1 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 1 218. Minister may invite applications for mining licence over tender blocks 1 219. Tender block licence notice — mining licence 1 220. Application for mining licence over tender blocks 1 221. How to apply 1 222. Payment of fee 1 223. Request for further information 1 224. Section number not used 1 225. Minister may provisionally grant licence 1 226. Restriction in case of marine nature reserve or marine park 1 227. Successful applicant must be notified 1 228. Acceptance of grant of mining licence over tender blocks 1 229. Conditions applicable to licence on grant 1 230. Lapse of provisional grant of mining licence 1 231. Provisional grant to next applicant if grant lapses 1 Division 4 — Duration of mining licence 232. Initial term of mining licence 1 233. Term of renewal of licence 1 234. Effect of application for renewal on term of mining licence 1 Division 5 — Voluntary surrender of part of mining licence area 235. Voluntary surrender of blocks if discrete area remains 1 Division 6 — Application for and grant of renewal of mining licence 236. Application for renewal of mining licence 1 237. When application to be made 1 238. How to apply for renewal 1 239. Request for further information 1 240. Payment of fee 1 241. Section number not used 1 242. Provisional renewal of mining licence 1 243. Section number not used 1 244. Matters that may be taken into account 1 245. Refusal of application for renewal 1 246. Applicant must be notified 1 247. Amendment of conditions 1 248. Amendment of security requirements 1 249. Extension of primary payment period 1 250. Acceptance of renewal of mining licence 1 251. Conditions applicable to licence on renewal 1 252. Lapse of provisional renewal of mining licence 1 Division 7 — Obligations associated with mining licence 253. General 1 254. Conditions of mining licence 1 255. No conditions requiring payment of money 1 256. Variation of conditions 1 257. Exemption from or suspension of conditions 1 258. Automatic suspension of conditions if licence rights are suspended 1 259. Work practices 1 260. Licence holder must pay royalty 1 261. Licence holder must keep specified records 1 262. Licence holder must assist inspectors 1 Division 8 — Expiry of mining licence 263. General 1 264. Voluntary surrender of mining licence 1 265. Cancellation of mining licence 1 266. Obligations of former mining licence holders and former associates 1 Part 2.5 — Works licences Division 1 — General 267. Works licences 1 268. Activities authorised by a works licence 1 269. Minister may cancel or not renew works licence without compensation 1 Division 2 — Application for and grant of works licence 270. Application for works licence 1 271. How to apply 1 272. Payment of fee 1 273. Applicant to notify licence holders affected by the application 1 274. Application must be advertised 1 275. Section number not used 1 276. Minister may provisionally grant licence 1 277. Section number not used 1 278. Matters to be specified in the licence 1 279. Applicant must be notified 1 280. Amendment of conditions 1 281. Amendment of security requirements 1 282. Extension of primary payment period 1 283. Acceptance of grant of works licence 1 284. Conditions applicable to works licence on grant 1 285. Lapse of provisional grant of works licence 1 Division 3 — Duration of works licence 286. Initial term of works licence 1 287. Term of renewal of works licence 1 288. Effect of application for renewal on term of works licence 1 Division 4 — Application for and grant of renewal of works licence 289. Application for renewal of works licence 1 290. When application to be made 1 291. How to apply for renewal 1 292. Payment of fee 1 293. Section number not used 1 294. Provisional renewal of works licence 1 295. Section number not used 1 296. Applicant must be notified 1 297. Amendment of conditions 1 298. Amendment of security requirements 1 299. Extension of primary payment period 1 300. Acceptance of renewal of works licence 1 301. Conditions applicable to works licence on renewal 1 302. Lapse of provisional renewal of works licence 1 Division 5 — Obligations associated with works licence 303. General 1 304. Conditions of works licence 1 305. No conditions requiring payment of money 1 306. Variation of conditions 1 307. Exemption from or suspension of conditions 1 308. Work practices 1 309. Licence holder must keep specified records etc. 1 310. Licence holder must assist inspectors 1 Division 6 — Expiry of works licence 311. General 1 312. Voluntary surrender of works licence 1 313. Cancellation of works licence 1 314. Obligations of former works licence holders and former associates 1 Part 2.6 — Special purpose consents 315. Special purpose consents 1 316. Activities authorised by a special purpose consent 1 317. Application for a consent 1 318. How to apply 1 319. Payment of fee 1 320. Applicant must obtain agreement of exploration, retention and mining licence holders affected by the application 1 321. Applicant to notify works licence holders affected by the application 1 322. Section number not used 1 323. Minister may grant special purpose consent 1 324. Section number not used 1 325. Matters to be specified in the consent 1 326. Duration of consent 1 327. Conditions of consent 1 Chapter 3 — Registration and Dealings Part 3.1 — Registration Division 1 — Preliminary 328. Register to be kept 1 329. Document files to be kept 1 330. Form of register and document file 1 331. Correction of errors in the register 1 332. Inspection of register and documents 1 Division 2 — Matters to be entered in register Subdivision A — Licences 333. Licences 1 334. Renewal of licences 1 335. Extension of exploration licences 1 336. Expiry of licences 1 337. Variations etc. to licences 1 338. Transfer of licences 1 339. Other dealings in licences 1 340. Devolution of licences 1 Subdivision B — Caveats 341. Effect of a caveat 1 342. Lodgment of caveats 1 343. Form of caveat 1 344. Payment of fee 1 345. Caveat to be registered 1 346. Withdrawal of caveat 1 347. Form of withdrawal 1 348. Duration of caveat 1 349. Notice to caveat holder 1 350. Caveat holder may consent to registration 1 351. Orders that can be made by a court in relation to caveats 1 Division 3 — Miscellaneous 352. Fees for registration 1 352A. Exemption from duty 1 353. Protection from legal actions 1 354. Application to court for correction of register 1 355. Appeals against determinations under section 352 1 356. Section number not used 1 357. Evidentiary value of register 1 358. Certified copy of document on document file 1 359. Certification of registration action 1 Part 3.2 — Dealings in licences Division 1 — Dealings in licences to be in writing and registered 360. Dealings in licences to be in writing 1 361. Dealings in interests in licences not effective until registered 1 Division 2 — Approval of transfer of licences 362. Transfers require approval by Minister 1 363. Application for approval of transfer 1 364. Minister may ask for further information 1 365. Minister's response to application for approval 1 366. Protection from legal actions 1 Chapter 4 — Administration Part 4.1 — Information management 367. Minister may ask person for information 1 368. Power to ask person to appear 1 369. Power to examine on oath or affirmation 1 370. Minister may ask for documents 1 371. Minister may ask for samples 1 372. Obligation to comply with request under section 367, 368, 369, 370 or 371 1 373. Immunity from use of information etc. given in response to request under section 367, 368, 369, 370 or 371 1 374. Restrictions on release of confidential material 1 375. Circumstances in which confidential material may be released 1 376. Certain reports to be made available 1 Part 4.2 — Monitoring and enforcement Division 1 — Inspections 377. Compliance inspections 1 378. Powers exercisable in course of inspection 1 379. Inspection of licence‑related premises etc. without warrant 1 380. Inspection of other premises etc. with occupier's consent 1 381. Inspection of other premises etc. with warrant 1 382. Procedure for obtaining warrant 1 383. Further provisions as to exercise of powers under warrant 1 384. Occupier to cooperate with inspector 1 Division 2 — Directions 385. Directions by Minister must be obeyed 1 386. Scope of directions 1 387. Minister may give directions 1 388. Direction may incorporate material in another document 1 389. Direction may impose absolute prohibition 1 390. Direction may extend to associates 1 391. Holder to give notice of direction to associates 1 392. Power to give directions after licence etc. ends 1 393. Effect of directions on other instruments 1 394. Minister may specify time for compliance 1 395. Minister may take action if holder fails to comply 1 396. Costs incurred by Minister in taking action under section 395 1 397. Defences to actions to recover debts 1 Division 3 — Securities 398. Securities 1 399. Determination of requirement to lodge security 1 400. Application of security 1 Division 4 — Restoration of environment 401. Removal of property from coastal waters 1 402. Rehabilitation of damaged areas 1 Division 5 — Safety zones 403. Declaration of safety zone around a structure or equipment 1 404. Effect of declaration of safety zone 1 405. – 420. Section numbers not used 1 Part 4.3 — Inspectors 421. Appointment of inspectors 1 422. Identity cards 1 423. Return of identity card 1 Part 4.4 — Licence fees and royalty Division 1 — Licence fees 424. Definition 1 425. Licence fees 1 426. Limit on amount of fees 1 427. Time for payment 1 Division 2 — Royalty 428. Definition 1 429. Royalty 1 430. Rate of royalty 1 431. Reduction of royalty in certain cases 1 432. Fixing of landed value 1 433. Fixing of quantity 1 434. Time for payment 1 435. State to pay 40% of royalties to Commonwealth 1 Division 3 — Penalties and recovery 436. Penalty if fee or royalty overdue 1 437. Fees etc. recoverable as debts 1 Chapter 5 — Miscellaneous 438. State functions under Part 5.1 of Commonwealth Act 1 439. Minister's approval required for certain transactions under Land Administration Act 1997 1 440. Delegation by Minister 1 441. False statements 1 442. Service of documents on licence holders etc. 1 443A. Certain things are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth) 1 443. Regulations 1 444. Savings and transitional provisions 1 Schedule 1 — Area in which coastal waters are situated Schedule 2 — Savings and transitional provisions 1. Interpretation 1 2. Existing exploration licences under Mining Act for coastal waters 1 3. Existing mining leases under Mining Act for coastal waters 1 4. Existing exploration licences under Mining Act that relate both to coastal waters and to other areas 1 5. Existing mining leases under Mining Act that relate both to coastal waters and to other areas 1 6. Registration 1 7. Document file 1 8. Securities 1 9. Licence fees 1 10. Pending applications under Mining Act that relate only to coastal waters 1 11. Pending applications under Mining Act that relate both to coastal waters and other areas 1 12. Powers in relation to transitional provisions 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Offshore Minerals Act 2003 An Act relating to exploration for, and the recovery of, minerals (other than petroleum) in the first 3 nautical miles of the territorial sea in respect of Western Australia, 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 2003. 2. Commencement This Act comes into operation on a day fixed by proclamation. 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 the Offshore Minerals Act 1994 of the Commonwealth, 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. Notes for this subsection: 1. So far as the agreement relates to petroleum, it is reflected in this State's legislation by the Petroleum (Submerged Lands) Act 1982. 2. Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To keep uniformity between this Act and the Commonwealth Act the numbers of the sections that are not relevant up to section 423 have not been used in the numbering of this Act. A section of this Act and the corresponding section of the Commonwealth Act up to section 423 will therefore have the same number. From section 424 onwards the two Acts differ significantly and uniformity of numbering has not been maintained. (2) Other Acts that provide background in this State to the agreement (commonly referred to as the "Offshore Constitutional Settlement") are — (a) the Seas and Submerged Lands Act 1973, the Coastal Waters (State Powers) Act 1980, the Coastal Waters (State Title) Act 1980 and the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; and (b) the Petroleum (Submerged Lands) Act 1982 of this State. Notes for this subsection: 1. The Seas and Submerged Lands Act 1973 — (a) declares and enacts 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; (b) gives the Governor‑General power to declare, by Proclamation, the limits of the territorial sea; (c) declares and enacts 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; (d) declares and enacts 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; (e) gives the Governor‑General power to declare, by Proclamation, the limits of the Continental Shelf of Australia. 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 provides that the legislative powers exercisable under the Constitution of each State extend to the making of certain laws that would operate offshore. 3. The Coastal Waters (State Title) Act 1980 vests in each State certain property rights in the seabed beneath the coastal waters of the State. 4. The Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the Petroleum (Submerged Lands) Act 1982 of this State make 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 coastal waters and offshore areas of this State. Part 1.2 — Interpretation Division 1 — General 4. Notes in the text Notes and diagrams in this Act are provided to assist understanding and do not form part of the Act. 5. Interpretation In this Act, unless the contrary intention appears — approved means approved by the Minister under section 41; associate has the meaning given by section 26(1); associated agent of an associated contractor has the meaning given by section 26(4); associated agent of the holder has the meaning given by section 26(3); associated contractor of the holder has the meaning given by section 26(2); associated employee of an associated contractor has the meaning given by section 26(6); associated employee of the holder has the meaning given by section 26(5); block means a portion of the coastal waters 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 has the meaning given by section 16(1) and (2); Commonwealth Act means the Offshore Minerals Act 1994 of the Commonwealth; Commonwealth Minister means a Minister of State for the Commonwealth; 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; 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 the licence, but does not include a document that comes within section 337(1) other than a document by which a block or a licence is surrendered; discrete area has the meaning given by section 21; document file means a document file kept for the purposes of Part 3.1; exploration has the meaning given by section 23; holder of a licence has the meaning given by section 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; 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; licence holder has the meaning given by section 25(1); mineral has the meaning given by section 22; offshore exploration or mining activities means — (a) the exploration for minerals in coastal waters; or (b) the recovery of minerals from coastal waters; or (c) activities carried out in coastal waters 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; 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; 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 2003;` reserved block means 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 the Commonwealth Act; sample of the seabed or subsoil includes a core or cutting from the seabed or subsoil; 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 section 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 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; 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; transfer — (a) when used in relation to a licence, has the meaning given by section 7(1); and (b) when used in relation to a share in a licence, has the meaning given by section 7(2) and (3); vary a licence condition includes revoke or suspend. 5A. Relationship with Environmental Protection Act 1986 This Act is to be read and construed subject to the Environmental Protection Act 1986, so that if a provision of this Act is inconsistent with a provision of that Act, the provi