Petroleum (Onshore) Regulation 2016

This Regulation is the Petroleum (Onshore) Regulation 2016.

This Regulation commences on the day on which it is published on the NSW legislation website.

(Former clause 3 of 2007 Reg)

In this Regulation—

fixed agenda means a fixed agenda referred to in clause 5 (3) or 6.

rehabilitation means the treatment or management of disturbed land or water for the purpose of establishing a safe and stable environment.

rehabilitation cost estimate means an estimate of the rehabilitation costs in relation to any land or water, prepared and calculated in accordance with guidelines approved by the Secretary.

the Act means the Petroleum (Onshore) Act 1991.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

Note.

For the purposes of comparison, a number of provisions of this Regulation contain bracketed notes in headings drawing attention (“Former”) to equivalent or comparable (though not necessarily identical) provisions of the Petroleum (Onshore) Regulation 2007 (“2007 Reg”).

(Former clause 4 of 2007 Reg)

For the purposes of section 13 of the Act, a map or plan accompanying an application for an exploration licence or a special prospecting authority must—

delineate the alignment of the boundaries of the land to which it relates relative to the Graticular Reference Grid, and

describe the mapcode and blocks incorporated within the boundaries of the licence or authority.

Note.

Nothing in the Act or this Regulation requires the boundaries of an area that is intended to be comprised in a petroleum title to match or mirror the boundaries of 1 or more blocks.

A map or plan accompanying an application for an assessment lease or production lease must—

delineate the alignment of the boundaries of the land to which it relates relative to the Map Grid of Australia 1994 (MGA94), and

show the coordinates of all points where there is a change in the direction of the boundaries.

In addition, a map or plan accompanying an application for a petroleum title must—

be in electronic form and drawn to an appropriate standard scale to optimally display the area to which the petroleum title is intended to apply, or

if it is not possible for the map or plan to be in electronic form, be drawn on a standard topographic or cadastral map published by a State or Commonwealth Government Department, or

if it is not possible for the map or plan to be in electronic form or to be drawn on such a standard topographic or cadastral map, be drawn at a scale that the Secretary has approved in writing.

In this clause—

Graticular Reference Grid is defined in the NSW Block Identification Index Map 2016.

MGA94 means the Geocentric Datum of Australia 1994 (GDA94), using the Map Grid of Australia 1994 (MGA94) standard map projection expressed in Universal Transverse Mercator (UTM) projection coordinates with zones 6 degrees wide.

Note.

Clauses 12 (1) and 13 impose the same requirements for maps and plans accompanying applications for partial renewal or partial cancellation of a petroleum title as those imposed by this clause.

Section 19 (5) of the Act has the effect that the requirements of this clause extend to applications for renewal of a petroleum title. Clause 12 (2) contains additional requirements for all applications for renewal.

(Former clause 5 of 2007 Reg)

For the purposes of section 14 (1) (d) of the Act, a work program supporting an application for an exploration licence or an assessment lease must include particulars of the estimated amount of money that the applicant proposes to spend on carrying out operations and activities on the land comprised in the licence or lease.

The work program supporting an application for an exploration licence or assessment lease may be prepared in either of 2 formats.

Under 1 format, it may consist of a fixed agenda describing in detail the nature and extent of operations to be carried on under the licence or lease during the whole of its term.

Under the other format (the 2-part format), it may be divided into 2 parts, namely—

a fixed agenda describing in detail the nature and extent of operations to be carried on during an initial period (at least the first 2 years) of the term of the licence or lease, and

a summary of intended operations during the remainder of the term.

If prepared in the 2-part format, it is a condition of the petroleum title, if granted, that the holder of the title will provide progressive agendas in accordance with clause 6.

The work program for a special prospecting authority is to be a fixed agenda describing in detail the nature and extent of operations to be carried on under the authority during the whole of its term.

(Former clause 6 of 2007 Reg)

For the purposes of section 14 (1) (d) of the Act, if the work program supporting an application for an exploration licence or assessment lease was prepared using the 2-part format, the holder of the licence or lease must lodge another fixed agenda of operations—

for a period of not less than 2 years commencing on the conclusion of the period covered by the previous fixed agenda, or

for the remainder of the term of the licence or lease.

That further fixed agenda must be lodged not later than 2 calendar months before the end of the initial period covered by the fixed agenda supporting the application.

In the same way, further fixed agendas must be lodged, each not later than 2 calendar months before the end of the period covered by the previous agenda, until the entire term of the licence or lease is accounted for.

The Minister may require that the holder of a petroleum title revise and submit a fixed agenda lodged under this clause if the Minister is of the opinion that the fixed agenda does not meet the Minister’s minimum standards with respect to the work program.

It is a condition of every exploration licence or assessment lease that the holder of the licence or lease comply with any such requirement.

(Former clause 7 of 2007 Reg)

A fixed agenda must include details of—

the objectives of any proposed exploration, and

the methods of exploration proposed to be employed.

(Former clause 8 of 2007 Reg)

Not later than 14 days before starting work on any exploration borehole, seismic survey or other exploration within the area of a petroleum title, the holder of the title must advise the Minister of the intention to commence it.

Maximum penalty—100 penalty units.

(Former clause 9 of 2007 Reg)

For the purposes of clause 6 (1) (c) of Schedule 1B to the Act, it is a condition of every petroleum title that the holder of the title will—

carry out the operations, and any other activities, described in the work program, as for the time being in force, in respect of the title, and

comply with any commitments in relation to the conduct of operations specified in the work program, as for the time being in force, in respect of the title.

(Former clause 10 of 2007 Reg)

The holder of a petroleum title who wishes to vary the work program in force in respect of the title must lodge a submission with the Minister providing adequate details of the variation proposed to be made and setting out the reasons for making it.

The Minister may approve of the variation if the Minister is satisfied that there is just and sufficient cause for making the variation and if the revised work program meets the Minister’s requirements.

The variation becomes effective when the Minister signifies approval of it by a notice in writing served on the holder of the title.

The Minister’s approval of a variation may also, to any extent the Minister considers necessary or convenient, vary the requirements of this Part in so far as it applies to the holder of the title concerned.

(Former clause 11 of 2007 Reg) A low-impact prospecting title is not to be granted during the period of 4 months following service of notice of the application for the title on the representative bodies referred to in section 45D (1) (c) of the Act.

(Former clause 11A of 2007 Reg)

For the purposes of section 19 (2AA) (b) of the Act, in the case of an application for renewal of a petroleum title that relates to part only of the land comprised in the title, the prescribed manner of describing the land is by means of a map prepared in accordance with the requirements of clause 4 for a map accompanying an application for a petroleum title of that type.

For the purposes of section 19 (2AB) (b) of the Act, an application for renewal of a petroleum title must be accompanied by the following information—

particulars of the financial capability and relevant technical advice available to the applicant,

a renewal justification statement, that is, a statement that contains the following information—

details of the operations carried out on the land comprised in the title during the current term of the title, including the following—

the types of operations carried out,

a map showing the location of operations carried out,

any expenditure incurred in relation to those operations,

a summary of the known resources, and potential resources, on the land comprised in the title,

a summary of the potential for the development of resources on the land comprised in the title,

a statement giving the reasons for which the applicant considers the renewal to be justified,

a rehabilitation cost estimate in relation to the title,

a work program for the proposed term of renewal that complies with the requirements of section 14 of the Act.

Note.

Clause 4 imposes requirements for maps and plans accompanying applications for a petroleum title. Section 19 (5) of the Act has the effect that the requirements of clause 4 extend to applications for renewal of a petroleum title.