Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act, unless the contrary intention appears:
"access authority" means an access authority granted under:
(a) Part 2.8 of this Act; or
(b) section 112 of the repealed Petroleum (Submerged Lands) Act 1967 .
"Annual Fees Act" means the Offshore Petroleum (Annual Fees) Act 2006 .
"applied provisions" has the meaning given by subsection 59(2).
"approved" means approved in writing by the Designated Authority.
(a) when used in relation to a special prospecting authority—means the area constituted by the block or blocks that are the subject of the special prospecting authority; or
(b) when used in relation to an access authority—means the area to which the access authority relates.
"block" means a block constituted as provided by section 16 or 245.
"cash-bid exploration permit" means:
(a) an exploration permit granted under:
(i) Division 3 of Part 2.2 of this Act; or
(ii) section 22B of the repealed Petroleum (Submerged Lands) Act 1967 ; or
(b) an exploration permit granted under:
(i) Division 5 of Part 2.2 of this Act; or
(ii) section 32 of the repealed Petroleum (Submerged Lands) Act 1967 ;
by way of the renewal of a permit referred to in paragraph (a).
"charge" , when used in relation to the assets of a body corporate, has the same meaning as in section 263 of the Corporations Act 2001 .
"coastal waters" , in relation to a State or the Northern Territory, means so much of the scheduled area for the State or Territory as consists of:
(a) the first 3 nautical miles of the territorial sea from the baseline; and
(b) any waters that are within the baseline and not within the limit of the State or Territory.
"continental shelf" means the continental shelf (within the meaning of the Seas and Submerged Lands Act 1973 ) adjacent to the coast of:
(a) Australia (including the coast of any island forming part of a State or Territory); or
(b) a Territory.
"datum" means a reference frame for defining geographic coordinates.
Note: If the position on the surface of the Earth of a particular point is identified by a coordinate 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 coordinate.
"debenture" has the same meaning as in section 263 of the Corporations Act 2001 .
"Designated Authority" has the meaning given by section 50 and, when used in the expression the Designated Authority , means the Designated Authority of the State or Territory concerned.
(a) do an act; or
(b) omit to perform an act.
"expiry date" , in relation to an exploration permit, retention lease or production licence, has the meaning given by section 9.
(a) a work‑bid exploration permit; or
(b) a cash‑bid exploration permit; or
(c) a special exploration permit.
"exploration permit area" means the permit area of an exploration permit.
"exploration permittee" means the registered holder of an exploration permit.
"explore" , in relation to petroleum, has a meaning affected by section 15.
"Federal Court" means the Federal Court of Australia.
"fixed-term production licence" means a production licence covered by item 2 or 3 of the table in subsection 139(1).
"geographic coordinate" includes:
(a) a meridian of longitude by itself; and
(b) a parallel of latitude by itself.
"good oilfield practice" means all those things that are generally accepted as good and safe in:
(a) the carrying on of exploration for petroleum; or
(b) petroleum recovery operations.
"good processing and transport practice" means all those things that are generally accepted as good and safe in:
(a) the processing, conveyance, transport and storage of petroleum; and
(b) the preparation of petroleum for transport.
"graticular section" has the meaning given by section 16.
"infrastructure facility" has the meaning given by section 13.
"infrastructure licence" means an infrastructure licence granted under:
(a) Part 2.5 of this Act; or
(b) Division 3A of Part III of the repealed Petroleum (Submerged Lands) Act 1967 .
"infrastructure licence area" means the licence area of an infrastructure licence.
"infrastructure licensee" means the registered holder of an infrastructure licence.
"Joint Authority" has the meaning given by section 38 and, when used in the expression the Joint Authority , means the Joint Authority of the State or Territory concerned.
"Joint Petroleum Development Area" has the same meaning as in the Petroleum ( Timor Sea Treaty) Act 2003 .
"lease area" , when used in relation to a retention lease, means the area constituted by the block or blocks that are the subject of the lease.
"lessee" , when used in relation to a retention lease, means the registered holder of the lease.
(a) when used in relation to an infrastructure licence—means the place in relation to which the infrastructure licence is in force; or
(b) when used in relation to a production licence—means the area constituted by the block or blocks that are the subject of the production licence.
Note: The place in relation to which an infrastructure licence is in force must be a place in an offshore area—see subsection 170(2) and section 171.
(a) when used in relation to a production licence—means the registered holder of the production licence; or
(b) when used in relation to an infrastructure licence—means the registered holder of the infrastructure licence; or
(c) when used in relation to a pipeline licence—means the registered holder of the pipeline licence.
"life-of-field production licence" means a production licence covered by item 1 or 4 of the table in subsection 139(1).
"listed OHS laws" has the meaning given by section 348.
"location" means a block or blocks in relation to which a declaration under section 109 is in force.
"natural resources" has the same meaning as in paragraph 4 of Article 77 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.
Note: Paragraph 4 of Article 77 is as follows:
The natural resources referred to in this Part consist of the mineral and other non‑living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.
"New Zealand" boundary treaty means the Treaty between Australia and New Zealand establishing certain exclusive economic zone boundaries and continental shelf boundaries that was signed at Adelaide on 25 July 2004.
"Northern Territory" title means an authority, however described, under a law of the Northern Territory, to explore for, or to recover, petroleum.
"offshore area" means an offshore area of a State or Territory within the meaning of section 7 and, when used in the expression the offshore area , means the offshore area of the State or Territory concerned.
Note: The offshore area corresponds to the term adjacent area under the repealed Petroleum (Submerged Lands) Act 1967 .
"original exploration permit" means an exploration permit granted otherwise than by way of renewal.
"original production licence" means a production licence granted otherwise than by way of renewal.
(a) in relation to an exploration permit or production licence—cancelled as to one or more, but not all, of the blocks the subject of the permit or licence; and
(b) in relation to a pipeline licence—cancelled as to a part of the pipeline the subject of the licence.
"partly revoked" , in relation to an exploration permit or retention lease, means revoked as to one or more, but not all, of the blocks the subject of the permit or lease.
"partly surrendered" , in relation to an exploration permit or production licence, means surrendered as to one or more, but not all, of the blocks the subject of the permit or licence.
"partly terminated" , in relation to a pipeline licence, means terminated as to a part of the pipeline the subject of the licence.
"permit area" , when used in relation to an exploration permit, means the area constituted by the block or blocks that are the subject of the exploration permit.
"permittee" , when used in relation to an exploration permit, means the registered holder of the exploration permit.
(a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or
(b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
(c) any naturally occurring mixture of:
(i) one or more hydrocarbons, whether in a gaseous, liquid or solid state; and
(ii) one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide;
and:
(d) includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir; and
(e) for the purposes of the pipeline provisions, also includes any petroleum as defined by paragraph (a), (b), (c) or (d), where:
(i) one or more things have been added; or
(ii) one or more things have been wholly or partly removed;
or both; and
(f) for the purposes of the pipeline provisions, also includes any mixture that:
(i) has been recovered from a well; and
(ii) includes petroleum as defined by paragraph (a), (b), (c) or (d);
whether or not:
(iii) one or more things have been added; or
(iv) one or more things have been wholly or partly removed;
or both.
"petroleum pool" means a naturally occurring discrete accumulation of petroleum.
(a) a pipe, or system of pipes, in an offshore area for conveying petroleum (whether or not the petroleum is recovered from an offshore area), other than a secondary line; or
(b) a part of a pipe covered by paragraph (a); or
(c) a part of a system of pipes covered by paragraph (a).
"pipeline licence" means a pipeline licence granted under:
(a) Part 2.6 of this Act; or
(b) Division 4 of Part III of the repealed Petroleum (Submerged Lands) Act 1967 .
"pipeline licensee" means the registered holder of a pipeline licence.
"pipeline provisions" means the following:
(a) Part 2.6;
(b) the definition of pipeline in this section;
(c) the definition of pumping station in this section;
(d) the definition of tank station in this section;
(e) the definition of valve station in this section;
(f) item 3 of the table in subsection 301(1).
"production licence" means a production licence granted under:
(a) Part 2.4 of this Act; or
(b) Division 3 of Part III of the repealed Petroleum (Submerged Lands) Act 1967 ; or
(c) section 148 of the repealed Petroleum (Submerged Lands) Act 1967 .
"production licence area" means the licence area of a production licence.
"production licensee" means the registered holder of a production licence.
"project inspector" means a person appointed as a project inspector under section 318.
"pumping station" means equipment for pumping petroleum or water, and includes any structure associated with that equipment.
(a) a Register kept under section 253; and
(b) when used in relation to the Designated Authority for an offshore area—means the Register kept under section 253 by that Designated Authority.
"registered holder" , in relation to a title, means the person whose name is shown in the Register as the holder of the title. For this purpose, a title is an exploration permit, retention lease, production licence, infrastructure licence, pipeline licence, special prospecting authority or access authority.
"Registration Fees Act" means the Offshore Petroleum (Registration Fees) Act 2006 .
"regulated operation" means an activity to which Chapter 2 applies.
"renewal" , in relation to an exploration permit, retention lease or production licence, has the meaning given by section 10.
"responsible Commonwealth Minister" means:
(a) the Minister who is responsible for the administration of this Act; or
(b) another Minister acting for and on behalf of the Minister referred to in paragraph (a).
"responsible Northern Territory Minister" means:
(a) the Minister of the Northern Territory who is authorised under a law of the Northern Territory to perform the functions of a Designated Authority under this Act; or
(b) another Minister of the Northern Territory acting for and on behalf of the Minister referred to in paragraph (a).
"responsible State Minister" , in relation to a State, means:
(a) the Minister of the State who is authorised under a law of the State to perform the functions of a Designated Authority under this Act; or
(b) another Minister of the State acting for and on behalf of the Minister referred to in paragraph (a).
"retention lease" means a retention lease granted under:
(a) Part 2.3 of this Act; or
(b) Division 2A of Part III of the repealed Petroleum (Submerged Lands) Act 1967 .
"retention lease area" means the lease area of a retention lease.
"retention lessee" means the registered holder of a retention lease.
"Royalty Act" means the Offshore Petroleum (Royalty) Act 2006 .
"Safety Authority" means the National Offshore Petroleum Safety Authority continued in existence by section 355.
"scheduled area" , in relation to a State or Territory, has the meaning given by Schedule 1.
"scientific investigation consent" means a scientific investigation consent granted under:
(a) Part 2.9 of this Act; or
(b) section 123 of the repealed Petroleum (Submerged Lands) Act 1967 .
"secondary line" means a pipe, or system of pipes, for:
(a) returning petroleum to a natural reservoir; or
(b) conveying petroleum for use for petroleum exploration operations; or
(c) conveying petroleum for use for petroleum recovery operations; or
(d) conveying petroleum that is to be flared or vented; or
(e) conveying petroleum from a well, wherever located, to a terminal station in an offshore area without passing through another terminal station.
"special exploration permit" means:
(a) an exploration permit granted under:
(i) Division 4 of Part 2.2 of this Act; or
(ii) section 27 of the repealed Petroleum (Submerged Lands) Act 1967 ; or
(b) an exploration permit granted under:
(i) Division 5 of Part 2.2 of this Act; or
(ii) section 32 of the repealed Petroleum (Submerged Lands) Act 1967 ;
by way of the renewal of a permit referred to in paragraph (a).
"special prospecting authority" means a special prospecting authority granted under:
(a) Part 2.7 of this Act; or
(b) section 111 of the repealed Petroleum (Submerged Lands) Act 1967 .
"State title" means an authority, however described, under a law of a State, to explore for, or to recover, petroleum.
"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.
"term" , in relation to an exploration permit, retention lease, production licence, infrastructure licence, pipeline licence, special prospecting authority or access authority, has the meaning given by section 9.
"terminal station" has the meaning given by section 14.
"territorial sea" has the same meaning as in the Seas and Submerged Lands Act 1973 .
"Territory" means a Territory in which this Act applies or to which this Act extends.
(a) when used in the definition of registered holder —has the meaning given by the second sentence of that definition; or
(b) when used in Subdivision A of Division 2 of Part 1.2—has the meaning given by section 21; or
(c) when used in Division 3 of Part 1.2—has the meaning given by section 32; or
(d) when used in section 55—has the meaning given by subsection 55(4); or
(e) when used in section 245—has the meaning given by subsection 245(6); or
(f) when used in Chapter 3—has the meaning given by section 251; or
(g) when used in section 305—has the meaning given by subsection 305(1); or
(h) when used in section 441—has the meaning given by subsection 441(7).
(a) when used in Division 3 of Part 1.2—has the meaning given by section 33; or
(b) when used in section 303—has the meaning given by subsection 303(1); or
(c) when used in section 311—has the meaning given by subsection 311(5).
(a) when used in Division 3 of Part 1.2—has the meaning given by section 33; or
(b) when used in section 303—has the meaning given by subsection 303(1).
"vacated area" has the meaning given by section 12.
"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:
(a) petroleum exploration operations; or
(b) petroleum recovery operations.
"well" means a hole in the seabed or subsoil made by drilling, boring or any other means in connection with:
(a) exploration for petroleum; or
(b) petroleum recovery operations;
but does not include a seismic shot hole.
"wholly cancelled" , in relation to an exploration permit, production licence or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit or licence.
"wholly revoked" , in relation to an exploration permit or retention lease, means revoked as to all the blocks the subject of the permit or lease.
"wholly terminated" , in relation to a pipeline licence, means terminated as to the whole of the pipeline the subject of the licence.
"work-bid exploration permit" means:
(a) an exploration permit granted under:
(i) Division 2 of Part 2.2 of this Act; or
(ii) section 22 of the repealed Petroleum (Submerged Lands) Act 1967 ; or
(b) an exploration permit granted under:
(i) Division 5 of Part 2.2 of this Act; or
(ii) section 32 of the repealed Petroleum (Submerged Lands) Act 1967 ;
by way of the renewal of a permit referred to in paragraph (a).