Petroleum (Submerged Lands) Act 1982

This Act may be cited as the Petroleum (Submerged Lands) Act 1982.

[repealed]

[repealed]

In this Act—

access authority means an access authority under part 3.

application for a primary licence means an application under section 40(1) or (2).

application for a secondary licence means an application under section 40(3).

approved means approved by the Minister.

block means a block constituted as provided by section 17.

Board, for part 3A, see section 151A.

CEO, for part 3A, see section 151A.

Commonwealth Act—

for part 1, division 2, see section 9; and

otherwise, means the Offshore Petroleum Act 2006 (Cwlth).

Commonwealth adjacent area...

Commonwealth adjacent area...

Commonwealth Minister means the Minister of the Commonwealth for the time being administering the Commonwealth Act.

Commonwealth offshore area, for a State other than Queensland, or for the Northern Territory, means the offshore area of the State or Territory for the purposes of the Offshore Petroleum Act 2006 (Cwlth).

Commonwealth offshore area, for Queensland means the offshore area of Queensland under the Offshore Petroleum Act 2006 (Cwlth), section 7, including the Coral Sea area within the meaning of that section.

construct includes place and construction has a corresponding meaning.

corresponding law means an Act of another State or a law in force in a Territory 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...

facility, for part 3A, see section 151A.

Gazette...

good oilfield 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 17.

inspector means a person appointed under section 125.

interstate Minister, for part 3A, see section 151A.

licence means a production licence for petroleum under part 3.

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 see section 151C.

location means a block or blocks in respect of which a declaration under section 37 is in force.

Minister...

natural resources has the same meaning as in the Convention.

offshore petroleum operations means operations, including diving operations, that—

relate to—

the exploration for petroleum; or

the recovery, processing, storage, offloading or piped conveyance of petroleum; and

if the operations are diving operations—take place in the adjacent area; and

if the operations are not diving operations—take place at a facility.

OHS inspector means a person appointed as an OHS inspector under the Commonwealth Act.

operation means an activity to which part 3 applies.

partly cancelled means—

in relation to a permit or licence—cancelled as to 1 or more but not all of the blocks the subject of the permit or licence; and

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, means determined as to 1 or more but not all of the blocks the subject of the permit.

permit means an exploration permit for petroleum under part 3.

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—

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

any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

any naturally occurring mixture of 1 or more hydrocarbons, whether in a gaseous, liquid or solid state, and 1 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) that has been returned to a natural reservoir.

petroleum pool means a naturally occurring discrete accumulation of petroleum.

pipeline means the whole or part of a pipe or a system of pipes in the adjacent area for conveying petroleum, whether the petroleum is petroleum recovered from the adjacent area or not, but does not include a pipe or system of pipes—

for returning petroleum to a natural reservoir; or

for conveying petroleum for use for the purposes of petroleum exploration operations or operations for the recovery of petroleum; or

for conveying petroleum that is to be flared or vented; or

for conveying petroleum from a well, wherever located, to a terminal station in the adjacent area without passing through another terminal station.

pipeline licence means a licence under part 3 to construct and operate a pipeline.

pipeline licensee means the registered holder of a pipeline licence.

prescribed means prescribed by the regulations.

primary entitlement, in relation to a permittee, means 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 40(1).

primary licence means a licence granted on an application under section 40(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 part 3, division 5.

registered holder, in relation to a permit, licence, pipeline licence or access authority, means the person whose name is for the time being shown in the register as being the holder of the permit, licence, pipeline licence or access authority.

Regulations...

royalty period, in relation to a permit or licence, means—

the period from and including the date from which the permit or licence has effect to the end of the month of the year during which that date occurs; and

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 40(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 under part 3.

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 63 or under the Commonwealth Act or a corresponding law.

the adjacent area means, subject to subsection (2), so much of the area the boundary of which is described in schedule 2 as is within the territorial sea of Australia, and the territorial sea adjacent to any island forming part of Queensland.

the applied provisions means the provisions of the laws in force in Queensland and of any instrument made under any of those laws which apply in the adjacent area pursuant to section 14.

the Commonwealth Act...

the Convention means the Convention entitled ‘Convention on the Continental Shelf’ signed at Geneva on 29 April 1958, being the Convention a copy of which in the English language is set out in schedule 1.

the Joint Authority means the Commonwealth–Queensland Offshore Petroleum Joint Authority established by the Commonwealth Act.

the relinquished area means—

in relation to a permit or licence that has expired—the area constituted by the blocks in respect of which the permit or licence was in force but has not been renewed; and

in relation to a permit that has been wholly determined or partly determined—the area constituted by the blocks as to which the permit was so determined; and

in relation to a permit or licence that has been wholly cancelled or partly cancelled—the area constituted by the blocks as to which the permit or licence was so cancelled; and

in relation to a pipeline licence that is no longer in force—the part of the adjacent area in which the pipeline was constructed; and

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

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.

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 the seabed 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, licence or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit, licence or pipeline licence.

wholly determined, in relation to a permit, means determined as to all the blocks the subject of the permit.

If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3n 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 3n miles.

In this Act, a reference to the term of a permit, licence, pipeline licence, special prospecting authority or access authority is a reference to the period during which the permit, licence, pipeline licence, special prospecting authority or access authority remains in force and a reference to the date of expiration of a permit, licence, pipeline licence, special prospecting authority or access authority is a reference to the date on which the permit, licence, pipeline licence, special prospecting authority or access authority ceases to have effect.

In this Act, a reference to a year of the term of a permit, licence or pipeline licence is a reference to a period of 1 year commencing on the date from and including which the permit, licence or pipeline licence, as the case may be, has effect or on any anniversary of that date.

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.

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.

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.

In this Act, a reference to a pipeline includes a reference to a part of a pipeline.

In this Act, a reference to a permit, licence, pipeline licence or access authority is a reference to the permit, licence, pipeline licence or access authority as varied for the time being under this Act.

The power conferred by this Act to make, grant or issue any instrument shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.

For the purposes of this Act and the regulations—

the space above or below the adjacent area shall be deemed to be in that area; and

the space above or below an area that is part of the adjacent area shall be deemed to be in that part.

This section applies if—

a pipeline licence has been granted under this Act on the basis that an area is within the adjacent area; and

the territorial sea baseline is changed, or because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and

because of the change or reassessment, the area—

is no longer within the adjacent area; and

falls within the Commonwealth offshore area for a State or the Northern Territory.

While the pipeline licence is in force, this Act applies to the area so far as the pipeline licence is concerned as if the area were within the adjacent area.

Editor’s note—

Under the provisions of the Commonwealth Act, that Act does not apply to the area after the change or reassessment.

In subsection (1)—

territorial sea baseline has the meaning given under the Seas and Submerged Lands Act 1973 (Cwlth) by proclamation in gazette No. S29 (Cwlth) of 9 February 1983 at pages 2 to 14.

This Act applies to all natural persons, whether Australian citizens or not and whether resident in Queensland or not, and to all corporations, whether incorporated or carrying on business in Queensland or not.

If there is an inconsistency between a provision of this Act and the National Gas (Queensland) Law, the Law prevails to the extent of the inconsistency.

The following are declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth)—

an access authority;

a licence;

a permit;

a pipeline licence.

The provisions of this section have effect for the purposes of this Act and of licences.

Where a wellhead is situated in a licence area and the well from that wellhead 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.

Where a petroleum pool is partly in 1 licence area and partly in an adjoining licence area of the same licensee and petroleum is recovered from that pool through a well or wells in 1 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 (4).

The proportions to be determined for the purposes of subsection (3) 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.

Where a petroleum pool is partly in a licence area and partly in an area (the Commonwealth licence area) in which the licensee has authority under the Commonwealth Act to explore for, or recover, petroleum, and petroleum is recovered from that pool through a well or wells in the licence area, the Commonwealth licence 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 (6).

The proportion to be determined for the purposes of subsection (5) may be determined by agreement between the licensee, the Joint Authority and the Minister or, in the absence of agreement, may be determined by the Supreme Court on the application of the licensee, the Joint Authority or the Minister.

Where a petroleum pool is partly in a licence area and partly in an area (the other licence area) in which the licensee has authority, under a corresponding law, to explore for or recover, petroleum, and petroleum is recovered from that pool through a well or wells in the licence area, the other licence 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 (8).

The proportion to be determined for the purposes of subsection (7) may be determined by agreement between the licensee, the Minister and the Minister administering the corresponding law or, in the absence of agreement, may be determined by the Supreme Court on the application of any of those persons.

Where—

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

petroleum is recovered from that pool; and

the Supreme Court of another State or of the Northern Territory 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 have been recovered from the other area;

the Supreme Court shall not make a determination under this section that is inconsistent with the determination of the Supreme Court of the other State or of the Northern Territory.

Where—

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

a unit development agreement in accordance with section 59 is in force between the licensee and that other person; and

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.

In this section a reference to a licence, a licensee or a licence area shall be read as including a reference to a permit, a permittee, or a permit area.

Where, for the purposes of this Act or the regulations, or for the purposes of an instrument under this Act or the regulations, 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 6378160m and a flattening of ¹⁰⁰/₂₉₈₂₅ and by reference to the position of the Johnston Geodetic Station in the Northern Territory of Australia.

That station shall be taken to be situated at 133º, and 30.07 of east longitude and at 25º, and 54.55 of south latitude and to have a ground level of 571.2m above the spheroid referred to in subsection (1).

In this division—

Commonwealth Act means, as the context requires—

the Offshore Petroleum Act 2006 (Cwlth); or

the Offshore Petroleum (Registration Fees) Act 2006 (Cwlth); or

Offshore Petroleum (Safety Levies) Act 2006 (Cwlth); or

Offshore Petroleum (Royalty) Act 2006 (Cwlth).

The Minister may exercise any power which a Commonwealth Act is expressed to authorise the Minister to exercise as a member of the Joint Authority.

The Minister shall perform any function which a Commonwealth Act is expressed to require the Minister to perform as a member of the Joint Authority.