Petroleum (Submerged Lands) Act 1982

There is payable to the Minister in respect of—

a memorandum of transfer entered in the register under section 78; or

a memorandum of approval of an instrument entered in the register under section 81;

the value of the consideration for the transfer, or for the instrument by which the interest was created, assigned, affected or dealt with, respectively; or

the value of the permit, licence or pipeline licence transferred, or of the interest created, assigned, affected or dealt with by the instrument, respectively;

Where, but for this subsection, the amount of the fee imposed by subsection (1) in respect of any memorandum would be less than $300 the amount of the fee imposed in respect of that memorandum is $300.

For the purpose of calculating the fee payable under subsection (1) in respect of a memorandum of transfer of a permit or a memorandum of approval of an instrument by which an interest in a permit was created, assigned, affected or dealt with, the value, as determined by the Minister, of any approved exploration works to be carried out in pursuance of the agreement for the transfer or in pursuance of the instrument, as the case may be, shall be deducted—

where the fee is to be calculated in accordance with subsection (1)(c)—from the value referred to in that paragraph; and

where the fee is to be calculated in accordance with subsection (1)(d)—from the value referred to in that paragraph.

Where—

the transfer of a permit or licence or an instrument by which an interest in a permit or licence was created, assigned, affected or dealt with was entered into for the purpose of giving effect to a prior agreement; and

a party to the transfer or the instrument is the holder of a certificate in respect of the transfer or instrument under subsection (6)(a);

Where—

2 or more parties to the transfer of a permit, licence or pipeline licence or an instrument by which an interest in a permit, licence or pipeline licence was created, assigned, affected or dealt with are corporations, that, under the Corporations Act, section 50, are related to each other; and

any of those parties is the holder of a certificate in respect of the transfer or instrument under subsection (6)(b);

Where the Minister is satisfied—

that a prior agreement referred to in subsection (4) was not entered into, or is not proposed to be entered into, substantially for the purpose of avoiding or reducing the registration fees that would, but for the issue of a certificate under this paragraph, be payable under subsection (1) or (2) in respect of a memorandum of transfer or a memorandum of approval of an instrument (being a transfer or instrument entered into or to be entered into for the purpose of giving effect to the prior agreement), the Minister may, on an application in writing made to the Minister at any time by a person who is or proposes to be a part to the prior agreement, grant a certificate that the Minister is so satisfied; or

that a transfer or instrument referred to in subsection (5)—

was or is proposed to be entered into solely for the purpose of the reorganisation or the better administration of the related corporations or any of them; and

was not entered into, or is not proposed to be entered into, substantially for the purpose of avoiding or reducing the registration fees that would, but for the grant of a certificate under this paragraph, be payable under subsection (1) or (2);