Petroleum Act 1984

(1) In this section, petroleum title means an authority, however described, under the Petroleum (Submerged Lands) Act 1981 or a law of a State to explore for or to recover petroleum.

(2) A permittee, licensee or the lessee of a lease granted under the repealed Act, or the holder of a petroleum title granted outside the Territory, may apply for the grant of an access authority by lodging with the Minister:

(b) a statement containing the designated number of each block the subject of the application;

(c) a statement specifying the operations that the applicant proposes to carry on under the access authority; and

(d) a statement setting out any other matters that the applicant wishes the Minister to consider.

(2A) An application under subsection (2) must be accompanied by the prescribed fee.

(3) Subject to this section, on receiving an application under subsection (2), the Minister may grant or refuse to grant the access authority.

(3A) An access authority may be granted in respect of all, or part, of the land to which the application under subsection (2) relates.

(3B) If the Minister grants an access authority in respect of part only of the land to which the application relates, the application, unless the Minister expressly states otherwise when granting the access authority, remains in force in respect of the remainder of the land to which the application relates until the application is further dealt with under this Act.

(4) An access authority is subject to the conditions that the Minister determines (whether in accordance with a recommendation of the Tribunal or otherwise) and specifies in the authority.

(5) The Minister may, at any time by written notice served on the holder of an access authority, vary the access authority area to which the access authority is subject.

(6) The Minister shall not grant an access authority, or vary an access authority, in respect of an area that is the subject of an exploration permit, licence or lease of which the applicant or holder is not the permittee, licensee or lessee, as the case may be, unless the Minister has served:

(a) a notice in accordance with subsection (7) on the permittee, licensee or lessee; and

(b) a copy of the notice on such other persons, if any, as the Minister thinks fit.

(a) give particulars of the access authority proposed to be granted or of the variation proposed to be made; and

(b) specify a date, not being earlier than 28 days after the date of the notice, on or before which a person on whom the notice or a copy is served may submit any matters that the person wishes the Minister to consider.

(8) In considering an application under this section, the Minister shall take into account any matters submitted on or before the date specified in the notice under subsection (7).

(9) An access authority authorises the holder, subject to this Act and the conditions to which it is subject, to carry on in the access authority area exploration for petroleum or operations relating to the recovery of petroleum in or from the exploration permit, licence, lease or petroleum title in respect of which the application under subsection (2) was made and any other operations specified in the access authority.

(10) An access authority remains in force for such period as is specified by the Minister but may be renewed by the Minister for a further specified period.

(a) surrendered by the holder by written notice served on the Minister; or

(b) cancelled by the Minister by written notice served on the holder and a person in whose exploration permit area, licence area or lease area operations may be carried on in pursuance of the access authority.

(12) Where an access authority has been cancelled or surrendered, or has expired, the Minister may direct the person who was the holder of the access authority to do one or more of the following things:

(a) remove or cause to be removed from the area to which the access authority applied anything brought into the area by any person engaged or concerned in the operations authorised by the access authority or to make arrangements that are satisfactory to the Minister with respect to those things;

(b) subject to this Act, make good, to the satisfaction of the Minister, the rehabilitation of the environment in the area to which the access authority applied and any other area that has been damaged by any person engaged or concerned in the operations authorised by the access authority.

(c) the conduct results in a contravention of the direction and the person is reckless in relation to that result.

Maximum penalty: 500 penalty units.

Maximum penalty: 200 penalty units.

(17) An offence against subsection (16) is an offence of strict liability.

(18) It is a defence to a prosecution for an offence against subsection (14) or (16) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.

(19) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (18).