Petroleum (Submerged Lands) Act 1982
Petroleum (Submerged Lands) Regulations 1990
Reprint 3: The regulations as at 14 November 2014
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·removed (because it was repealed or deleted from the law); or
·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
|
|
|
Reprinted under the Reprints Act 1984 as |
|
at 14 November 2014 |
||
Western Australia
Petroleum (Submerged Lands) Regulations 1990
Contents
1.Citation1
2.Commencement1
2A.Terms used1
3.Prescribed fees, rates and sums1
4.Form of instrument of transfer4
5.Instrument under Act s. 81(4)(b)4
8.Royalty value — deductible imposts6
9.Application of Geocentric Datum of Australia6
10.Application of GDA to certain instruments7
11.Application of Australian Geodetic Datum8
Schedule 1 — Prescribed fees
Schedule 2
Notes
Compilation table13
Defined terms
|
|
|
Reprinted under the Reprints Act 1984 as |
|
at 14 November 2014 |
||
Western Australia
Petroleum (Submerged Lands) Act 1982
Petroleum (Submerged Lands) Regulations 1990
These regulations may be cited as the Petroleum (Submerged Lands) Regulations 1990 1.
These regulations shall come into operation on the day fixed under section 2(1) of the Acts Amendment (Petroleum) Act 1990 1.
In these regulations —
AGD means the Australian Geodetic Datum referred to in regulation 11;
GDA means the Geocentric Datum of Australia referred to in regulation 9.
[Regulation 2A inserted in Gazette 15 Dec 2000 p. 7216.]
3.Prescribed fees, rates and sums
(1)For the purposes of a provision of the Act specified in Column 2 of Schedule 1, the prescribed fee is the amount specified in Column 3 of that Schedule opposite to that provision.
(2)For the purposes of section 87(2) of the Act, the prescribed fee is a fee calculated at the rate of $117.00 per page.
[(3)deleted]
(4)For the purposes of section 118(1a)(b), (2)(b), (5)(c) and (5a)(b) of the Act, the prescribed fee is an amount equal to the sum of the following amounts —
(a)if the information requested is contained in a document and the document is lent to the person who made that request, an amount calculated at the rate of $117.00 per day or part of a day during which the document containing that information is on loan to that person;
(b)if the information requested is contained in a document and the document is not readily available and a search is necessary to locate that information, an amount calculated at the rate of $117.00 per hour or part of an hour after the first half hour for the time taken to locate that information;
(c)if any information referred to in paragraph (a) or (b) is, on the application of the person making the request concerned —
(i)copied or reproduced; or
(ii)forwarded or consigned to that person,
an amount equal to all costs incurred in that copying or reproduction or forwarding or consignment, including the costs of packaging when applicable.
(5)For the purposes of section 118(3)(b) and (5)(d) of the Act, the prescribed fee is an amount equal to the sum of the following amounts —
(a)if the relevant core, cutting or sample is lent to the person who made the request concerned, an amount calculated at the rate of $117.00 per day or part of a day during which that core, cutting or sample is on loan to that person;
(b)if the relevant core, cutting or sample is not readily available and a search is necessary to locate that core, cutting or sample, an amount calculated at the rate of $117.00 per hour or part of an hour after the first half hour for the time taken to locate that core, cutting or sample;
(c)if the relevant core, cutting or sample is, on the application of the person making the request concerned, forwarded or consigned to that person, an amount equal to all costs incurred in that forwarding or consignment, including the costs of packaging when applicable.
(6)For the purposes of section 139(a) of the Act, the prescribed minimum fee is $1 966.00.
(7)For the purposes of section 139(b) of the Act, the prescribed rate is a rate of $751.00.
(8)For the purposes of section 139A of the Act, the prescribed rate is a rate of $16 373.00.
(9)For the purposes of section 140 of the Act, the prescribed rate is a rate of $16 352.00.
(10)For the purposes of section 141A of the Act, the fee is $16 352.00.
[Regulation 3 amended in Gazette 22 Jul 1994 p. 3781; 27 Jun 2000 p. 3253; 28 Jun 2002 p. 3093; 28 Feb 2003 p. 674; 23 Jun 2009 p. 2475; 9 Feb 2010 p. 270; 11 May 2010 p. 1819‑20; 16 Jul 2010 p. 3360; 24 May 2011 p. 1898; 1 Jul 2011 p. 2737; 12 Jun 2012 p. 2461; 25 Feb 2014 p. 500‑1; 17 Jun 2014 p. 1984.]
[3A.Deleted in Gazette 23 Jun 2009 p. 2475.]
4.Form of instrument of transfer
For the purposes of section 78(3)(a) of the Act, the prescribed form of an instrument of transfer is the form set out in Schedule 2.
5.Instrument under Act s. 81(4)(b)
(1)For the purposes of section 81(4)(b) of the Act, the following particulars are prescribed —
(a)description and date of execution of the instrument evidencing the dealing referred to in section 81(4)(a) of the Act (in this subregulation referred to as the dealing);
(b)details of the title (including the type and number of the title) to which the dealing relates;
(c)full name and business address of each party to the dealing;
(d)details of the effect or effects, on registration, of the dealing specified in the relevant paragraph or paragraphs of section 81(1) of the Act;
(e)details of the interest or interests in the title of all parties to the dealing —
(i)before the registration of the dealing; and
(ii)in the event of approval of the dealing, after the registration of the dealing;
(f)in the case of a dealing to which section 4(5)(a) of the Petroleum (Submerged Lands) Registration Fees Act 1982 applies, the value of the consideration;
(g)in the case of a dealing relating to an interest in a licence or pipeline licence to which section 4(5)(b) of the Petroleum (Submerged Lands) Registration Fees Act 1982 applies, the value of the interest;
(h)whether or not the parties to the dealing have made or propose to make an application for the purposes of section 4(7) of the Petroleum (Submerged Lands) Registration Fees Act 1982;
(j)in respect of any related dealing in relation to which an entry has been made in the Register or an application in writing for approval by the Minister has been lodged (whether before or after the day fixed under section 2(1) of the Acts Amendment (Petroleum) Act 1990) —
(i)description and date of execution of the instrument evidencing the dealing; and
(ii)date of approval by the Minister (if appropriate); and
(iii)registration number (if any).
(2)In subregulation (1) —
related dealing means any dealing executed, before the execution of the instrument evidencing the dealing referred to in subregulation (1)(a), by some or all of the parties to that instrument —
(a)that affects the title which is the subject of the dealing to which the instrument referred to in subregulation (1)(a) relates; and
(b)that —
(i)creates or assigns an option to enter into the dealing referred to in subregulation (1)(a); or
(ii)creates or assigns a right to enter into the dealing referred to in subregulation (1)(a); or
(iii)is altered or terminated by the dealing referred to in subregulation (1)(a),
and includes any transaction in respect of which an instrument was registered under section 81 of the Act before the day fixed under section 2(1) of the Acts Amendment (Petroleum) Act 1990.
[6, 7.Deleted in Gazette 23 Jun 2009 p. 2475.]
8.Royalty value — deductible imposts
The following imposts are excluded from the definition of federal duty in section 145A(3) of the Act —
(a)all taxes, duties, fees, levies and charges already included in the purchase price of goods or services purchased by the permittee, lessee or licensee;
(b)departure tax;
(c)fringe benefits tax;
(d)deductions from salary or wages as required under the Income Tax Assessment Act 1936 of the Commonwealth to enable income tax to be collected from employees by instalments;
(e)deductions from prescribed payments as required under the Income Tax Assessment Act 1936 of the Commonwealth to enable tax to be collected in respect of certain payments for work;
(f)customs import duty;
(g)aircraft landing charge;
(h)training guarantee charge;
(i)superannuation guarantee charge;
(j)contributions under Part 4.2 of the Higher Education Funding Act 1988 of the Commonwealth.
[Regulation 8 inserted in Gazette 20 May 1994 p. 2125‑6.]
9.Application of Geocentric Datum of
(1)Subject to regulation 11, the GDA is the prescribed Australian datum for the purposes referred to in section 10(1) of the Act.
(2)The reference ellipsoid for the GDA is the Geodetic Reference System 1980 (GRS80) ellipsoid with a semi‑major axis of 6 378 137 m exactly and an inverse flattening (l/f) of 298.257 222 101.
(3)The reference frame for the GDA is realised by the coordinates of the following Australian Fiducial Network geodetic stations referred to the GRS80 ellipsoid determined within the International Earth Rotation Service Terrestrial Reference Frame 1992 (ITRF92) at the epoch of 1994.0 —
|
|
Name |
South Latitude |
East Longitude |
Ellipsoidal Height |
|
AU 012 |
|
23° 40′ 12.44592″ |
133° 53′ 07.84757″ |
603.358 m |
|
AU 013 |
Karratha |
20° 58′ 53.17004″ |
117° 05′ 49.87255″ |
109.246 m |
|
AU 014 |
|
12° 50′ 37.35839″ |
131° 07′ 57.84838″ |
125.197 m |
|
AU 015 |
Townsville |
19° 20′ 50.42839″ |
146° 46′ 30.79057″ |
587.077 m |
|
AU 016 |
|
42° 48′ 16.98506″ |
147° 26′ 19.43548″ |
41.126 m |
|
AU 017 |
Tidbinbilla |
35° 23′ 57.15627″ |
148° 58′ 47.98425″ |
665.440 m |
|
AU 019 |
Ceduna |
31° 52′ 00.01664″ |
133° 48′ 35.37527″ |
144.802 m |
|
AU 029 |
Yaragadee |
29° 02′ 47.61687″ |
115° 20′ 49.10049″ |
241.291 m |
[Regulation 9 inserted in Gazette 15 Dec 2000 p. 7216‑17.]
10.Application of GDA to certain instruments
(1)A reference (a GDA reference) in an instrument under the Act or these regulations that comes into force on or after the commencement day to the position on the surface of the Earth of a graticular section or block is to be made by reference to —
(a)the GDA; and
(b)coordinates of latitude and longitude calculated to 3 decimal places of a second.
(2)An instrument under the Act or these regulations referred to in subregulation (1) that contains a GDA reference is to be endorsed with a statement to the effect that the GDA applied to the calculation of the coordinates of latitude and longitude relevant to the GDA reference, but the omission of such a statement does not affect the validity of the instrument.
(3)Despite section 17 of the Act, for the purposes of subregulation (1) —
(a)the meridians of longitude defining the eastern and western boundaries of a graticular section; and
(b)the parallels of latitude defining the northern and southern boundaries of a graticular section,
may be taken to be at a distance from each other that is other than 5 minutes.
(4)In subregulation (1) —
commencement day means the day on which section 8 of the Acts Amendment (Australian Datum) Act 2000 comes into operation 2.
[Regulation 10 inserted in Gazette 15 Dec 2000 p. 7217‑18.]
11.Application of Australian Geodetic Datum
(1)Subject to regulation 10, the AGD is the prescribed datum for the purposes referred to in —
(a)section 10(5) of the Act (which refers to the determination of the position on the surface of the Earth of the boundary of the area described in Schedule 2 to the Act); and
(b)section 17(4) of the Act (which refers to the determination of the position on the surface of the Earth of a graticular section or a block).
(2)The AGD is defined by an ellipsoid having a semi‑major axis (equatorial radius) of 6 378 160 m and a flattening of 1/298.25 and fixed by the position of the origin being the Johnston Geodetic Station in the Northern Territory of Australia.
(3)The Johnston Geodetic Station is taken to be situated at —
(a)25° 56′ 54.5515″ south latitude and 133° 12′ 30.0771″ east longitude; or
(b)where decimal reckoning is used, 25° 56.90919′ south latitude and 133° 12.50129′ east longitude,
and to have a ground level elevation of 571.2 m above the ellipsoid referred to in subregulation (2).
(4)An instrument in force under the Act or these regulations immediately before the commencement day that contains a reference to the position on the surface of the Earth of a point, line or area determined by reference to the AGD is to be endorsed, if it is practicable to do so, with a statement to the effect that the AGD applied to that determination, but the omission of such a statement does not affect the validity of the instrument.
(5)If, in relation to an instrument referred to in subregulation (4), coordinates calculated by reference to the AGD are to be converted to coordinates calculated by reference to the GDA, the conversion is to be made using the National Transformation Version 2 (NTV2) grid file transformation.
[Regulation 11 inserted in Gazette 15 December 2000 p. 7218.]
[r. 3(1)]
[Heading inserted in Gazette 12 Jun 2012 p. 2461.]
|
Column 1 |
Column 2 |
Column 3 |
|
1. |
s. 21(1)(f) |
5 883.00 |
|
2. |
s. 24(1)(a) |
5 883.00 |
|
3. |
s. 30(2)(c) |
5 883.00 |
|
4. |
s. 38A(2)(e) |
5 883.00 |
|
5. |
s. 38CA(2)(d) |
5 883.00 |
|
6. |
s. 38F(2)(d) |
5 883.00 |
|
7. |
s. 41(1)(e) |
5 883.00 |
|
8. |
s. 48(1)(a) |
5 883.00 |
|
9. |
s. 51(2)(e) |
5 883.00 |
|
10. |
s. 54(2)(d) |
5 883.00 |
|
11. |
s. 60B(2)(d) |
5 883.00 |
|
12. |
s. 60J(2)(d) |
5 883.00 |
|
13. |
s. 64(1)(f) |
5 883.00 |
|
14. |
s. 71(2)(e) |
5 883.00 |
|
15. |
s. 79(2) |
117.00 |
|
16. |
s. 79(3)(b) |
117.00 |
|
17. |
s. 86(1) |
117.00 |
|
18. |
s. 87(3) |
117.00 |
|
19. |
s. 111(2)(d) |
5 883.00 |
|
20. |
s. 141 |
187.00 |
[Schedule 1 inserted in Gazette 12 Jun 2012 p. 2461-2; amended in Gazette 25 Feb 2014 p. 501; 17 Jun 2014 p. 1984‑5.]
[Regulation 4]
Petroleum (Submerged Lands) Act 1982
Petroleum (Submerged Lands) Regulations 1990
Form of Instrument of Transfer of Title
under section 78 of Petroleum (Submerged Lands) Act 1982
I/We (1) (2) ................................................................................................................ being the registered holder/holders (1) of (3) ........................................................... in consideration of (4) ............................................................................................. hereby transfer all right, title and interest in that (3) ............................................ to (5) ......................................................................................................................
In witness of this transfer the parties to the transfer have affixed their respective common seals or signatures below on this ................................................ day of .......................................... 20 ..................
(6)(7)
(1)Delete whichever is inapplicable.
(2)Here insert the name of the transferor, or, if there are 2 or more transferors, the name of each transferor.
(3)Here insert the type (e.g. exploration permit, production licence), and number, of the property transferred that is a title as defined in section 74J of the Act.
(4)Here insert the value of the consideration for the transfer or the value of the title transferred. If the transfer of the title is pursuant to a dealing which has been approved and registered under the Act, insert a reference that is sufficient to identify that dealing.
(5)Here insert the name and address of the transferee, or, if there are 2 or more transferees, the name and address of each transferee.
(6)Here affix the common seal or signature of the transferor or of each transferor, as the case may be.
(7)Here affix the common seal or signature of the transferee or of each transferee, as the case may be.
[Schedule 2 amended in Gazette 23 Jun 2009 p. 2477.]
1This reprint is a compilation as at 14 November 2014 of the Petroleum (Submerged Lands) Regulations 1990 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
|
Citation |
Gazettal |
Commencement |
|
Petroleum (Submerged Lands) Regulations 1990 |
28 Sep 1990 p. 5105‑8 |
1 Oct 1990 (see r. 2 and Gazette 28 Sep 1990 p. 5099) |
|
Petroleum (Submerged Lands) Amendment Regulations 1993 |
24 Dec 1993 p. 6832 |
24 Dec 1993 |
|
Petroleum (Submerged Lands) Amendment Regulations 1994 |
20 May 1994 p. 2125‑6 |
20 May 1994 |
|
Petroleum (Submerged Lands) Amendment Regulations (No. 2) 1994 |
22 Jul 1994 |
22 Jul 1994 (see r. 2 and Gazette 22 Jul 1994 p. 3728) |
|
Petroleum (Submerged Lands) Amendment Regulations 2000 |
8 Feb 2000 p. 456‑7 |
8 Feb 2000 |
|
Petroleum (Submerged Lands) Amendment Regulations (No. 2) 2000 |
27 Jun 2000 p. 3253‑4 |
1 Jul 2000 (see r. 2) |
|
Petroleum (Submerged Lands) Amendment Regulations (No. 3) 2000 |
15 Dec 2000 p. 7216‑18 |
16 Dec 2000 (see r. 2 and Gazette 15 Dec 2000 p. 7201) |
|
Reprint of the Petroleum (Submerged Lands) Regulations 1990 as at 9 March 2001 (includes amendments listed above) |
||
|
Petroleum (Submerged Lands) Amendment Regulations 2002 |
28 Jun 2002 p. 3092‑4 |
1 Jul 2002 (see r. 2) |
|
Petroleum (Submerged Lands) Amendment Regulations 2003 |
28 Feb 2003 p. 673‑5 |
28 Feb 2003 |
|
Petroleum (Submerged Lands) Amendment Regulations 2009 |
23 Jun 2009 p. 2474‑7 |
r. 1 and 2: 23 Jun 2009 (see r. 2(a)); |
|
Petroleum (Submerged Lands) Amendment Regulations 2010 |
9 Feb 2010 p. 270 |
r. 1 and 2: 9 Feb 2010 (see r. 2(a)); |
|
Petroleum (Submerged Lands) Amendment Regulations (No. 2) 2010 |
11 May 2010 p. 1819‑21 |
r. 1 and 2: 11 May 2010 (see r. 2(a)); |
|
Petroleum (Submerged Lands) Amendment Regulations (No. 3) 2010 |
16 Jul 2010 p. 3359‑61 |
r. 1 and 2: 16 Jul 2010 (see r. 2(a)); |
|
Reprint 2: The Petroleum (Submerged Lands) Regulations 1990 as at 24 Sep 2010 (includes amendments listed above) |
||
|
Petroleum (Submerged Lands) Amendment Regulations 2011 |
24 May 2011 p. 1897-8 |
r. 1 and 2: 24 May 2011 (see r. 2(a)); |
|
Petroleum (Submerged Lands) Amendment Regulations (No. 2) 2011 |
1 Jul 2011 p. 2736‑8 |
r. 1 and 2: 1 Jul 2011 (see r. 2(a)); |
|
Petroleum (Submerged Lands) Amendment Regulations 2012 |
12 Jun 2012 p. 2460‑2 |
r. 1 and 2: 12 Jun 2012 (see r. 2(a)); |
|
Petroleum (Submerged Lands) Amendment Regulations 2014 |
25 Feb 2014 p. 500‑1 |
r. 1 and 2: 25 Feb 2014 (see r. 2(a)); |
|
Petroleum (Submerged Lands) Amendment Regulations (No. 2) 2014 |
17 Jun 2014 p. 1983‑5 |
r. 1 and 2: 17 Jun 2014 (see r. 2(a)); |
|
Reprint 3: The Petroleum (Submerged Lands) Regulations 1990 as at 14 Nov 2014 (includes amendments listed above) |
||
2Commencement day was 16 December 2000 (see Gazette 15 Dec 2000 p. 7201).
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
commencement day10(4)
dealing5(1)(a)
federal duty8
GDA2A
GDA reference10(1)
GRS809(2)
related dealing5(2)
By Authority: JOHN A. STRIJK, Government Printer