Petroleum Act 1984

Aboriginal land has the same meaning as in the Land Rights Act.

access authority means an access authority granted or renewed under this Act.

access authority area means the area constituted by the blocks that are the subject of an access authority.

affected land means land comprised in, or proposed to be comprised in, a petroleum interest.

annual report, see section 61H.

applicant, in relation to an application for an exploration permit or licence, means a person who has applied for the exploration permit or licence.

application area, in relation to an application for an exploration permit or licence, means the area the subject of the application.

application period, in relation to an application for the grant of an exploration permit, see section 16(2)(a).

appraisal production infrastructure means temporary or semi‑permanent infrastructure located on an exploration permit area or retention licence area, downstream from a wellhead, for the purpose of extracting, processing, refining, storing, transporting or using petroleum produced on an appraisal basis to allow for its beneficial use, other than a pipeline as defined in section 3 of the Energy Pipelines Act 1981.

appropriate person, to hold a permit or licence under this Act, see section 15A.

approved means approved, in writing, by the Minister.

approved code of practice means a code of practice established by the Minister under section 117AZV.

approved determination of native title has the meaning given in section 253 of the Native Title Act.

approved environment management plan means an environment management plan approved under the regulations.

approved form means a form approved under section 117J.

approved plan means a plan approved under Part III, Division 1, Subdivision 2.

associated entity, see section 50AAA of the Corporations Act 2001.

audit direction means a direction issued under section 89W.

auditor means a person appointed to undertake an audit under section 89W(3).

authorised analyst means a person appointed as an authorised analyst under section 117P.

block means so much of a graticular section as is within the jurisdiction of the Territory and includes a part of a block.

by notice means by notice in writing.

CEO means the Chief Executive Officer.

change in control, for Part IVA, see section 104B.

compliance direction means a compliance direction issued under section 89N.

contaminant, see section 4(1) of the Waste Management and Pollution Control Act 1998.

corporation, for Part IVA, see section 104A.

datum means a reference frame for defining geographic co‑ordinates.

designated number, in relation to a block, means the identifying number assigned under section 8(2) to the graticular section or part of the graticular section which constitutes the block.

document means:

(a) any paper, parchment or other material used for writing or printing, marked with matter capable of being read;

(b) a photograph, or photographic negative, plate, slide, film, microfilm or microfiche, or a photostatic negative;

(c) a disc, tape, wire, sound track, card or other material or device in or on which information, sound or other data is recorded, stored or embodied so as to be capable, with or without the aid of some other equipment, of being reproduced therefrom; or

(d) any material derived, whether directly or by means of equipment, from information recorded or stored or processed by a device used for recording or storing or processing information.

ecologically sustainable development, see section 4 of the Environment Protection Act 2019.

environment, see section 6 of the Environment Protection Act 2019.

Environment CEO means the Chief Executive Officer of the Agency administering the Environment Protection Act 2019.

environment management plan means a plan prepared under and in accordance with the regulations that addresses potential environmental risks and impacts that might arise from carrying on the activities contemplated by the plan.

Environment Minister means the Minister administering the Environment Protection Act 2019.

environmental harm, see subsections (8), (9) and (10).

environmental security, see Part VC, Division 2.

excluded third party submission, in relation to a submission made under this Act, means:

(a) a submission made by a person in the form of a form letter or petition prepared by another body or organisation; or

(b) a submission made after the end of a period specified for the making of submissions under this Act.

exploration permit means:

(a) an exploration permit granted or renewed under Part II, Division 2; or

(b) a permit granted or renewed under Part II, Division 2 of this Act as in force before the commencement of the Petroleum Amendment Act 2002.

exploration permit area means the area constituted by the blocks that are the subject of an exploration permit.

family, for Part IVA, see section 104A.

family relationship, for Part IVA, see section 104A.

field management plan, see section 60(2).

future act, see section 233 of the Native Title Act.

geographic co-ordinate includes:

Note

If the position on the surface of the Earth of a particular point is identified by a co‑ordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different co‑ordinate.

geophysical survey means a geophysical investigation conducted by any generally recognised method, including a seismic, gravimetric, magnetic, electrical or radioactive method, but does not include any operation conducted wholly or partly within a well.

good oilfield practice, in relation to the exploration for, or operations for the recovery of, petroleum, means all those practices and procedures that are generally accepted as good and safe in the carrying on of that exploration or those operations, as the case may be.

graticular section means a section referred to in section 8(1).

guidelines means guidelines issued under section 117C.

hydraulic fracturing means the underground petroleum extraction process involving the injection of fluids at high pressure into a geological formation to induce fractures that conduct petroleum for extraction.

infrastructure includes structures, plant and equipment.

inspector means a person appointed as an inspector under section 87.

interest holder means the holder of a petroleum interest.

investor, for Part IVA, see section 104A.

land includes:

(a) waters and land under waters within the Territory other than waters to which the Petroleum (Submerged Lands) Act 1981 applies; and

Land Council has the same meaning as in the Land Rights Act.

Land Rights Act means the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth.

levy means:

licence means a retention licence or a production licence.

licence area means the area constituted by the blocks that are the subject of a licence.

licensee:

(a) except for Part III, Division 1, Subdivision 2, means a production licensee or a retention licensee; or

(b) for Part III, Division 1, Subdivision 2 – see section 59.

material environmental harm, see section 8 of the Environment Protection Act 2019.

monitoring and compliance levy, see section 117AZF.

native title and native title rights and interests have the meaning given in section 223 of the Native Title Act.

Native Title Act means the Native Title Act 1993 of the Commonwealth.

native title holder has the meaning given in section 224 of the Native Title Act.

orphan well, for Part VE, see section 117AZL.

orphan well levy, see Part VE, see section 117AZM.

owner, in relation to land, means the owner of an estate or interest in the land, but does not include a person whose interest or claimed interest in the land cannot be identified by or as a result of an examination of the Register kept by the Registrar-General under Part 3 of the Land Title Act 2000.

park or reserve means a park or reserve within the meaning of the Territory Parks and Wildlife Conservation Act 1976 or land declared under section 9(4) of that Act to be a park or reserve for the purposes of this Act.

permit means an exploration permit.

permit area means an exploration permit area.

permittee:

(a) except for Part III, Division 1, Subdivision 2, means a person who is registered under Part IV as the holder of an exploration permit; or

petroleum means:

(a) a naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state;

(b) a naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

(c) a naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, with hydrogen, hydrogen sulphide, nitrogen, helium or carbon dioxide or any combination of them,

and includes a hydrocarbon as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir.

petroleum infrastructure decommissioning security, see Part VC, Division 3.

petroleum interest means an exploration permit, retention licence, production licence or access authority.

petroleum pool means a naturally occurring discrete accumulation of petroleum.

petroleum surface infrastructure plan, see section 60(3).

pollution, see section 4 of the Waste Management and Pollution Control Act 1998.

premises includes:

prescribed means prescribed by regulation.

principles of ecologically sustainable development means the principles set out in sections 18 to 24 of the Environment Protection Act 2019.

produce, in relation to petroleum, means to recover or release the petroleum from a petroleum pool in the course, or as a result, of any operations.

production licence means a production licence granted or renewed under Division 4 of Part II.

production licence area means the area constituted by the blocks that are the subject of a production licence.

production licensee means a person who is registered under Part IV as the holder of a production licence.

Register means the Register kept in pursuance of section 90(2).

Register of Native Title Claims means the Register of Native Title Claims established and maintained in accordance with Part 7 of the Native Title Act.

registered native title body corporate has the meaning given in section 253 of the Native Title Act.

registered native title claimant has the meaning given in section 253 of the Native Title Act or, if the claimant is replaced under section 66B of that Act, means the person who replaced the claimant.

registered native title rights and interests means:

(a) in relation to a registered native title claimant – the native title rights and interests of the claimant described in the relevant entry on the Register of Native Title Claims; and

(b) in relation to a registered native title body corporate – the native title rights and interests of the body corporate described in the relevant entry on the National Native Title Register established and maintained under Part 8 of the Native Title Act.

Registrar means the person appointed under section 90(1) as Registrar.

related, for Part IVA, see section 104C.

related corporations, for Part IVA, see section 104A.

repealed Act means the Acts repealed by this Act when this Act was enacted, as in force immediately before that repeal.

reporting period, see section 5A.

reservoir means any subsurface formation or geological sequence containing a petroleum pool.

restricted area means an area which is the subject of a declaration under section 57.

retention licence means a retention licence granted or renewed under Division 3 of Part II.

retention licence area means the area constituted by the blocks that are the subject of a retention licence.

retention licensee means a person who is registered under Part IV as a holder of a retention licence.

rig release means the point at which a drilling rig conducts its last operation on a well and its services are no longer required for that well.

share, for Part IVA, see section 104A.

significant environmental harm, see section 9 of the Environment Protection Act 2019.

stop work notice means a stop work notice issued under section 89R.

surface infrastructure means infrastructure located on a production licence area, downstream from a wellhead, for the purpose of extracting, processing, refining, storing, transporting or using petroleum, other than a pipeline as defined in section 3 of the Energy Pipelines Act 1981.

survey means a systematic geoscientific survey, including a geological or geophysical survey.

Tribunal means the Civil and Administrative Tribunal.

vary, in relation to the conditions of a petroleum interest or approved plan, includes adding, suspending, waiving or revoking a condition of the petroleum interest or approved plan.

waste, see section 4 of the Waste Management and Pollution Control Act 1998.

well means a hole in the surface of land or the sea-bed made by drilling, boring or other means in connection with the exploration for, or operations for the recovery of, petroleum but does not include a seismic shot hole or a bore as defined in section 4(1) of the Water Act 1992.

wellhead means the casing head and includes any casing hanger or spool, or tubing hanger, and any flow control equipment up to and including the wing valves.

well operations management plan, see section 60(1).

wilderness zone means a wilderness zone declared under section 12 of the Territory Parks and Wildlife Conservation Act 1976.

(2) In this Act, a reference to the term of an exploration permit or licence is a reference to the period during which the permit or licence remains in force and a reference to the date of expiration of an exploration permit or licence is a reference to the day on the expiration of which the permit or licence ceases to have effect.

(3) In this Act, a reference to a year of the term of an exploration permit or licence is a reference to a period of one year commencing on the date from and including which the permit or licence has effect or on any anniversary of that date.

(4) In this Act, a reference to the renewal of an exploration permit is a reference to the renewal, under section 25, of the permit in relation to 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 upon a previous renewal of the first-mentioned permit.

(5) In this Act, a reference to the renewal of a licence in respect of the blocks specified in the licence is a reference to the renewal:

of the licence in respect of some or all 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 upon a previous renewal of the first-mentioned licence.

(6) In this Act, a reference to an exploration permit or licence is a reference to the permit or licence as varied from time to time under this Act.

(7) For the avoidance of doubt, an exploration permit, licence or other document or instrument granted or issued under this Act is an instrument of a legislative or administrative character for the purposes of the Interpretation Act 1978.

(8) For this Act, environmental harm means direct or indirect alteration of the environment to its detriment or degradation, of any degree or duration, whether temporary or permanent.

(9) The regulations may specify alterations of the environment to which the definition of environmental harm applies.

(10) Without limiting subsection (8) or (9), for this Act, environmental harm may be caused by pollution whether the harm:

(b) results from the pollution alone or from the combined effects of the pollution or other factors.

(11) For this Act, a discovery of petroleum is taken to have occurred where:

(a) the presence of petroleum within a reservoir is indicated during drilling; and

(b) the petroleum is shown to be producible after taking into account any guidelines published or adopted by the Minister for the purposes of this subsection.

(12) For this Act, petroleum is recovered or produced on an appraisal basis if it is recovered or produced under a process intended to establish the extent and nature of a discovery of petroleum.

Note for section 5

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.