Commonwealth Numbered Regulations - Explanatory Statements

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PETROLEUM (SUBMERGED LANDS) AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 23

Statutory Rules 2003 No. 23

Issued by the Authority of the Minister for Industry, Tourism and Resources

Petroleum (Submerged Lands) Act 1967

Petroleum (Submerged Lands) Amendment Regulations 2003 (No. 1)

Section 157 of the Petroleum (Submerged Lands) Act 1967 (the Principal Act) states that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Principal Act provides the legal framework for the exploration for, and the production of, petroleum for those parts of Australia's continental shelf and Exclusive Economic Zone which are under Commonwealth jurisdiction. The Principal Act is administered jointly by the Commonwealth, State and Northern Territory Governments and involves a large number of day-today administrative decisions relating to petroleum titles.

Sections 21, 22, 24, 30, 38, 41, 48, 51, 54, 59, 64, 71 and 111 of the Principal Act enable fees to be prescribed for applications for the grant and renewal of titles (exploration permits, retention leases, production licences, pipeline licences, infrastructure licences and special prospecting authorities) and the variation of pipeline licences.

The Principal Act also provides for the Designated Authority to keep a register of titles and special prospecting authorities granted. The register lists the names of companies holding a title and details other matters relating to the type, size, location and terms and conditions of the title and any other matters deemed to be of public interest. Under sections 79, 86 and 87 of the Principal Act, companies are required to submit applications to register changes of details pertaining to a specific title. Fees are prescribed to amend, search and receive copies of the register.

Section 118 (now repealed, but with a significant savings provision) and sections 150D, 150F and 150G of the Principal Act impose prescribed fees for the loan of documents, cores, cuttings or samples that have been made publicly available.

The Petroleum (Submerged Lands) Regulations 1985 specify the prescribed fees contained in the Principal Act. These Regulations increase the level of prescribed fees to account for rises in the costs of administering petroleum titles since the last fees increase in 1990. Since that time the consumer price index has increased by around 30 per cent.

In keeping with the Offshore Constitutional Settlement and section 129 of the Principal Act, the Commonwealth will continue to repay all fees (excluding the goods and services tax component) received for the day-to-day administration of the regime to State and Northern Territory Authorities to offset their costs.

Details of the Regulations are set out in the Attachment.

The Regulations commenced on 1 March 2003.

ATTACHMENT

Regulation 1 - Name of Regulations

This Regulation provides the title of the Regulations.

Regulation 2 - Commencement

This Regulation provides for the commencement of the Regulations on 1 March 2003.

Regulation 3 - Amendment of Petroleum (Submerged Lands) Regulations

This Regulation provides that the amendments to the Petroleum (Submerged Lands) Regulations 1985 are as set out in Schedule 1.

SCHEDULE 1 AMENDMENTS

Item 1 - Regulation 6

This item increases the prescribed fee to inspect the register of titles granted under the Act from $12 to $16.

Item 2 - Subregulation 7(1)

This item increases the prescribed fee to obtain a copy or extract from the register of titles from $2 to $3 per page.

Item 3 - Subregulation 7(2)

This item omits the prescribed fee for a certified certificate, provided by the Designated Authority, of information contained in the register of titles from $30 to $39.

Item 4 - Regulation 8

This item omits Regulation 8 which dealt with the provision of securities and provided for prescribed amounts to be submitted before the granting of a title issued under the Principal Act. This provision of the Act was repealed in 1991 (No.75) and the associated Regulation is now omitted.

Item 5 - Regulation 9

This item deals with the loan of documents, cores, cuttings or samples made publicly available under former section 118 of the Principal Act. The prescribed fee increased from $25 to $33 per day. This section of the Act was repealed in 2000 but a savings provision applies in relation to information received before 7 March 2000.

Item 6 - Regulation 10

As indicated above, section 118 has been repealed but a savings provision ensures that it remains effective for information and petroleum mining samples received before 7 March 2000. This was provided in the Petroleum (Submerged Lands) Legislation Amendment Act (No. 1) 2000. For managing information and petroleum mining samples received on and after 7 March 2000, this Act inserted into the Principal Act the set of provisions designated as Part IIIA, which includes sections 150D, 150F and 150G.

The Amendment Act stated that any regulations providing for the calculation of a fee for the purposes of section 118 not only continue in force but continue in force as if they had also been made for purposes of the corresponding provisions of Part IIIA. For this reason, until now, it has not been essential to make any regulations prescribing fees under sections 150D, 150F or 150G.

For transparency, this item introduces a new Regulation, prescribing fees under sections 150D, 150F and 150G. This covers loan, search and other costs associated with persons gaining access to documents and petroleum mining samples that have been submitted on or after 7 March 2000. This Regulation also implements the same increase in the level of the fees which specify dollar amounts for fees prescribed under section 118, i.e. from $25 to $33 per day.

Item 7 - Schedule 2 - Prescribed Fees (Regulation 5)

Paragraphs 21(1)(f), 24(1)(a), 48(1)(a), and 64(1)(f) of the Principal Act impose a prescribed fee for applications for titles (eg exploration permits, exploration permits and production licences over surrendered blocks, and pipeline licences). The prescribed fee increases from $3,000 to $3,900.

Paragraphs 22A(5)(h), 38A(2)(e), 38BB(2)(e), 41(1)(e), 59B(2)(d) of the Principal Act impose a prescribed fee for applications for cash bid permits, retention leases, production licences and infrastructure licences. The prescribed fee increases from $1,200 to $1,560.

Paragraphs 30(2)(c), 38F(2)(d) and 54(2)(d) of the Principal Act impose a prescribed fee for applications for renewal of titles. The prescribed fee increases from $1,200 to $1,560.

Paragraphs 51(2)(e), 71(2)(e) and 111(2)(d) of the Principal Act impose a prescribed fee for applications for production licences over an individual block, variations to pipeline licences and applications for special prospecting authorities. The prescribed fee increases from $600 to $780.

Section 79(2) of the Principal Act imposes a prescribed fee to register the devolution of names of titleholders. Paragraph 79(3)(b) prescribes a fee for the registration of a company name change in the titles register. The prescribed fees increases from $60 to $78.