Petroleum (Submerged Lands) Act 1982 (Tas)

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 the State of Tasmania and to provide for related matters [Royal Assent 30 June 1982] 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 of the Continental Shelf signed at Geneva on 29th 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 air space over it and in respect of its sea-bed and subsoil, and the sovereignty in respect of certain internal waters of Australia and in respect of the air space over those waters and in respect of the sea-bed 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 sea-bed and subsoil referred to in the last preceding paragraph 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 sea-bed 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 16th 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 the States and the Northern Territory should share in the administration of that legislation; (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) ; (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; Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART I - Preliminary Division 1 - Interpretation, application, and construction of Act 1. Short title This Act may be cited as the Petroleum (Submerged Lands) Act 1982 . 2. Commencement (1) This Act shall commence on the day on which the Petroleum (Submerged Lands) Amendment Act 1980 of the Commonwealth comes into operation. (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. Interpretation (1) In this Act, except in so far as the subject-matter indicates or requires – access authority means an access authority granted and in force under Part III ; adjacent area means, subject to subsection (2) , so much of the area the boundary of which is described in Schedule 2 as is part of the territorial sea of Australia, including the territorial sea adjacent to any island forming part of Tasmania and, subject to subsection (3) , includes an area which – (a) is within the area the boundary of which is described in Schedule 2 ; (b) is seaward of the coastline of Tasmania at mean low water and landward of the inner limit of the territorial sea of Australia; and (c) was, immediately before the commencement of this Act, the subject of an exploration permit for petroleum subsisting under the Commonwealth Act ; application for a primary licence means an application under section 39 (1) or (2) or 39A (1) or (2) ; application for a secondary licence means an application under section 39 (3) or 39A (3) ; the applied provisions means the provisions (other than the provisions of this Act) which apply within the adjacent area by virtue of the Coastal and Other Waters (Application of State Laws) Act 1982 ; approved means approved by the Minister; block means a block constituted as provided by section 16 ; Commonwealth Act means – (a) the Petroleum (Submerged Lands) Act 1967 of the Commonwealth, as amended from time to time; or; (b) if the Petroleum (Submerged Lands) Act 1967 of the Commonwealth is repealed and re-enacted, with or without modification, the Act of the Commonwealth that re-enacts it, as amended from time to time; the Commonwealth Minister means the Minister of the Crown in right of the Commonwealth for the time being administering the Commonwealth Act; construct includes "place"; the Convention means the Convention entitled "Convention on the Continental Shelf" signed at Geneva on 29th April 1958, being the Convention a copy of which in the English language is set out in Schedule 1 ; corresponding law means an Act of a State other than Tasmania or a law in force in a Territory of the Commonwealth giving effect to the agreement between the Governments of the Commonwealth, the States, and the Northern Territory referred to in the preamble to this Act; document includes any map, book, record, or writing; 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; graticular section means a section referred to in section 16 ; inspector means a person appointed and holding office, or deemed to hold office, under section 125 ; interstate Minister means the Minister of the Crown in right of a State (other than Tasmania) or of the Northern Territory who is for the time being authorised under the law of that State or Territory to perform the functions of a Designated Authority under the Commonwealth Act; the Joint Authority means the Commonwealth-Tasmania 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 granted and in force 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; listed OHS laws has the meaning given in section 150C ; location means a block or blocks in respect of which a declaration under section 36 is in force; Minister means the Minister for the time being administering the Mineral Resources Development Act 1995 ; natural resources has the same meaning as in the Convention; OHS inspector means an OHS inspector appointed under the Commonwealth Act; partly cancelled means – (a) in relation to a permit or licence – cancelled as to one or more but not all of the blocks the subject of the permit 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 granted and in force under Part III ; 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) of this definition 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 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 the adjacent area or not; pipeline licence means a licence granted and in force under Part III to construct and operate a pipeline; pipeline licensee means the registered holder of a pipeline licence; prescribed means prescribed by the regulations; 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 39 (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 39A (1) ; primary licence means a licence granted on an application under section 39 (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, 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, pipeline licence, special prospecting authority, or access authority; the regulations means regulations made and in force under this Act; the 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 block 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 (d) in relation to a pipeline licence that is no longer in force – that 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, lease, or licence, means – (a) the period from and including the date from which the permit, lease, or licence comes into force to the end of the month of the year during which the date occurs; and (b) each month thereafter; Safety Authority means the National Offshore Petroleum Safety Authority established by the Commonwealth Act; secondary licence means a licence granted on an application under section 39 (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 granted and in force 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 62 or under the Commonwealth Act or a corresponding law; 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 a sea-bed 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) If at any time the breadth of the territorial sea is determined or declared to be greater than 3 nautical miles, the definition of the adjacent area in subsection (1) continues to have effect as if the breadth of the territorial sea of Australia had continued to be 3 nautical miles. (3) When an area described in paragraphs (a) , (b) , and (c) of the definition of adjacent area becomes an area which is – (a) not the subject of a permit; and (b) not the subject of a licence; and (c) not the subject of an application for a licence – the area ceases to be part of the adjacent area. (4) In this Act, a reference to the term of a permit, lease, licence, pipeline licence, special prospecting authority, or access authority is a reference to the period during which the permit, lease, 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, pipeline licence, special prospecting authority, or access authority is a reference to the day on which the permit, lease, licence, pipeline licence, special prospecting authority, or access authority ceases to be in force. (5) In this Act, a reference to a year of the term of a permit, lease, licence, or pipeline licence is a reference to a period of 1 year commencing on the day on which the permit, lease, licence, or pipeline licence, as the case may be, comes into force or on any anniversary of that day. (6) 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. (6A) In this Act, a reference to the renewal, or 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. (7) 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. (8) In this Act, a reference to the renewal, or to the grant of a renewal, of a pipeline licence in respect of a pipeline is a reference to the grant of a pipeline licence in respect of that pipeline to commence on the day after the date of expiration of the first-mentioned pipeline licence or on the day after the date of expiration of the pipeline licence granted upon a previous renewal of the first-mentioned pipeline licence. (9) In this Act, a reference to a pipeline includes a reference to a part of a pipeline. (10) In this Act, a reference to a permit, lease, licence, pipeline licence, or access authority is a reference to the permit, lease, licence, pipeline licence, or access authority as varied for the time being under this Act. (11) A power conferred by this Act to make, grant, or issue an instrument or a notice shall be construed as including a power, exercisable in the same manner and subject to the same conditions (if any), to revoke or vary the instrument or notice. (12) . . . . . . . . (13) . . . . . . . . (14) . . . . . . . . (15) . . . . . . . . (16) 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. 4. Construction of Act (1) This Act shall be construed as intended to operate, and as operating, to the full extent of the legislative powers of the State (any presumption to the contrary notwithstanding) but subject to, and so as not to exceed, the limits of those powers to the intent that where any provision of this Act would, but for this subsection, be construed as being in excess of those powers, it shall nevertheless be a valid enactment to the extent to which it is not in excess of those powers. (2) No other provision of this Act shall be read or construed so as to limit, or as limiting, the operation of subsection (1) . 5. Application of Act This Act applies to all natural persons, whether Australian citizens or not, and whether resident in Tasmania or not, and to all corporations, whether incorporated or carrying on business in Tasmania or not. 6. Petroleum pool extending into two licence areas (1) Where – (a) a well-head is situated in a licence area; and (b) 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, at a place within an adjoining licence area of the same licensee – 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) a petroleum pool is partly in one licence area and partly in an adjoining licence area of the same licensee; and (b) 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) a petroleum pool is partly in a licence area and partly in another area in which the licensee has authority under the Commonwealth Act to explore for, or recover, petroleum; and (b) 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 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 – (a) by agreement between the licensee, the Joint Authority, and the Minister; or (b) in the absence of agreement, by the Supreme Court on the application of the licensee, the Joint Authority, or the Minister. (6) Where – (a) a petroleum pool is partly in a licence area and partly in another area in which the licensee has authority under a corresponding law to explore for or recover petroleum; and (b) 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 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 – (a) by agreement between the licensee, the Minister, and the Minister of the other State administering the corresponding law; or (b) in the absence of agreement, 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 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 be recovered from the other area – the Supreme Court of Tasmania shall not make a determination under this section that would be inconsistent with the determination of the Supreme Court of the other State. (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, the Commonwealth Act , or a corresponding law, to explore for or recover petroleum; and (b) a unit development agreement in accordance with section 58 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, 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. 7. Points, &c., to be ascertained by reference to Australian Geodetic Datum (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 shall be determined by reference to a spheroid having its centre at the centre of the Earth and a major (equatorial) radius of 6 378 160 metres and a flattening of and by reference to the position of the Johnston Geodetic Station in the Northern Territory of Australia. (2) That station shall be taken to be situated at 133 degrees, 12 minutes and 30·0771 seconds of East Longitude and at 25 degrees, 56 minutes and 54·5515 seconds of South Latitude and to have a ground level of 571·2 metres above the spheroid referred to in subsection (1) . Division 2 - Administration of the Commonwealth adjacent area 8. Interpretation In this Division, unless the contrary intention appears – Commonwealth Act means, as the context requires – (a) the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; or (b) the Petroleum (Submerged Lands) (Registration Fees) Act 1967 of the Commonwealth; or (c) the Petroleum (Submerged Lands) Fees Act 1994 of the Commonwealth – or, if an Act specified in paragraph (a) , (b) or (c) is repealed and re-enacted, with or without modification, the Act of the Commonwealth that re-enacts it, as amended from time to time; Commonwealth adjacent area means – (a) if the Petroleum (Submerged Lands) Act 1967 of the Commonwealth is in force, the adjacent area in respect of Tasmania determined in accordance with section 5A of that Act; or (b) if the Petroleum (Submerged Lands) Act 1967 of the Commonwealth has been repealed and been re-enacted (with or without modifications), the area that, under the re-enacted Act of the Commonwealth, corresponds to the adjacent area in respect of Tasmania determined in accordance with section 5A of the repealed Act. 9. Minister as member of Joint Authority (1) The Minister may exercise any power which the Commonwealth Act is expressed to authorize him to exercise as a member of the Joint Authority. (2) The Minister shall perform any function or duty which the Commonwealth Act is expressed to require him to perform as a member of the Joint Authority. 10. Minister as Designated Authority The Minister is authorized to perform the functions and duties and exercise the powers which the Commonwealth Act is expressed to require or empower the Designated Authority in respect of the Commonwealth adjacent area to perform or exercise. 11. Delegations under Commonwealth Act Where, in the exercise of a power which the Commonwealth Act is expressed to confer upon the Designated Authority in respect of the Commonwealth adjacent area, the Minister delegates a power to a person who is an officer of the Public Service or who holds any office in the service of this State, that person may exercise the power. 12. Officers of Public Service performing functions under Commonwealth Act A State Service officer or State Service employee is to perform any function or duty which the Minister, as the Designated Authority in respect of the Commonwealth adjacent area, or as a member of the Joint Authority, requires him to perform in relation to the Commonwealth Act . PART II - Application of Laws 13. Power to make regulations providing for non-application or modification of applied provisions (1) In this section – modification includes the omission or insertion of a provision or the substitution of a provision for another provision. (2) Regulations under this Act may provide that such of the applied provisions as are specified in the regulations – (a) do not apply; or (b) apply with such modifications as are specified in the regulations – to or in relation to an act, omission, matter, circumstance, or thing touching, concerning, arising out of, or connected with, the exploration of the sea-bed or subsoil of the adjacent area for petroleum or the exploitation of the petroleum resources of that sea-bed or subsoil. (3) Without limiting the operation of subsection (2) , regulations under this Act may provide that such of the applied provisions as are specified in the regulations – (a) do not apply; or (b) apply with such modifications as are specified in the regulations – to or in relation to – (c) any – (i) act or omission that takes in, on, above, below, or in the vicinity of; or (ii) matter, circumstance, or thing that exists or arises with respect to or in connection with – a vessel, aircraft, structure or installation, or equipment, or other property, that is in the adjacent area for any reason touching, concerning, arising out of, or connected with, the exploration of the sea-bed or subsoil of the adjacent area for petroleum or the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil; (d) a person who – (i) is in the adjacent area for a reason of the kind referred to in paragraph (c) ; or (ii) is in, on, above, below, or in the vicinity of, a vessel, aircraft, structure or installation, or equipment, or other property that is in the adjacent area for a reason of the kind referred to in paragraph (a) ; or (e) a person in respect of his carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (c) . (4) Where any regulations are made as provided in subsection (2) or (3) , the applied provisions shall have effect only to the extent that they are not excluded by, or, as the case may be, shall have effect subject to and in accordance with the modifications specified in, those regulations. 14. Jurisdiction of State courts The jurisdiction with which the several courts of this State are invested by section 5 of the Coastal and Other Waters (Application of State Laws) Act 1982 extends to all matters arising under any modification of the applied provisions effected by regulations under section 13 . 14A. Disapplication of State occupational health and safety laws (1) The prescribed occupational health and safety laws do not apply in relati