1Short title
This Act may be cited as the Petroleum Act 1984.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Petroleum Act 1984.
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
The objective of this Act is to provide a legal framework that:
(a) encourages persons to undertake effective exploration for petroleum and to develop petroleum production so that the optimal value of the resource is returned to the Territory; and
provides protection to the environment of the Territory; and
promotes principles of ecologically sustainable development.
The legal framework provides for the following:
(a) the granting of petroleum interests to persons for exploration, production and ancillary activities associated with exploiting petroleum, and the renewal or transfer of those interests;
(b) clear statements about the role of government following the grant of petroleum interests;
(c) the promotion of active exploration for petroleum, and of the development of petroleum production if commercially viable, by persons granted petroleum interests;
(d) the assessment of proposed technical works programmes for the exploration, appraisal, recovery or production of petroleum and of the financial capacity of persons proposing to carry out those programmes;
(e) resource management, activity and infrastructure plans to support and enhance well and surface infrastructure integrity and the strategic management of petroleum production consistent with achieving optimum long-term recovery of the resource;
(f) the reduction of risk or potential risk of environmental harm by ensuring that activities associated with exploration for, or production of, petroleum are carried out in a manner in which the environmental impacts and risks of the activities are reduced to a level that is:
as low as reasonably practicable; and
acceptable;
(g) the collection of information about petroleum exploration and production and the dissemination of that information;
the efficient administration of this Act;
(i) other matters in connection with exploration for and production of petroleum.
This Act does not bind the Crown.
(2) This Act extends to Aboriginal land and applies to and in relation to that land to the extent that it is capable of so applying.
A reporting period, in relation to a petroleum interest, is each period of 12 months ending on the anniversary of the day on which the petroleum interest was granted.
If the petroleum interest comes to an end during one of the periods under subsection (1) then the last reporting period is the period from the last anniversary of the day on which the petroleum interest was granted to the day on which the petroleum interest ceases to exist.
Notwithstanding anything to the contrary contained in an Act or in any grant, lease or other instrument of title, whether made or issued before or after the commencement of this Act, but subject to subsection (2), all petroleum on or below the surface of land within the Territory, whether that land is alienated in fee simple or not so alienated from the Crown, is and shall be deemed always to have been the property of the Crown.
The property in petroleum produced from a well on an area to which a petroleum interest relates passes to the interest holder at the wellhead.
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 6AA
Part IIAA of the Criminal
Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
(1) The Minister must consider and apply the principles of ecologically sustainable development in making the following decisions under this Act:
the decisions specified in Schedule 1;
(b) a decision made under a direction given by the Minister under section 71(1);
any other prescribed decision.
(2) Unless otherwise expressly provided, in making a decision under this Act and stating the reasons for that decision, the Minister is not required to specify how the Minister considered or applied these principles.
For the purposes of this Act, the surface of the Earth shall be deemed to be divided:
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
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:
by portions of 2 of those meridians that are at a distance from each other of 5 minutes of longitude; and
by portions of 2 of those parallels of latitude that are at a distance from each other of 5 minutes of latitude.
The Minister shall assign to each graticular section all or part of which is within the jurisdiction of the Territory an identifying number for the purposes of this Act and the number so assigned shall also identify the block which, or part of which, constitutes the graticular section.
The Minister may, by notice in the Gazette, declare that a block specified in the notice (not being a block in relation to which an exploration permit or licence is in force) shall not be the subject of a grant of an exploration permit or licence.
Subject to section 10, while a declaration under subsection (1) remains in force in relation to a block, the Minister may not grant an exploration permit or licence in relation to the block.
(1) The Minister may, by notice in the Gazette, indicate his willingness to revoke or vary a notice under section 9(1) so that an exploration permit or licence may be granted in respect of the block to which the notice under section 9(1) relates.
(2) A notice under subsection (1) in relation to a block must specify:
(a) the class of persons who may apply for the grant of an exploration permit or licence in relation to the block;
the conditions on which applications may be made; and
the time within which applications may be made.
(3) An exploration permit or licence in relation to a block to which a notice under subsection (1) relates may be granted only to a person who has complied with the conditions specified in the notice.
Subject to this Act, an exploration permit or licence may be granted in relation to any land within the Territory.
Showing the first 12 of 295 provisions. See all provisions