New South Wales Consolidated Acts

PETROLEUM (ONSHORE) ACT 1991

- As at 1 March 2023 
- Act 84 of 1991 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   2A.     Objects
   3.      Definitions
   3A.     Notes
   4.      Graticulation of the Earth's surface
   5.      Points to be ascertained by reference to Geocentric Datum of Australia

   PART 2 - RIGHTS OF THE CROWN AS TO PETROLEUM, HELIUM AND CARBON DIOXIDE

   6.      These substances are the property of the Crown
   7.      Offence of prospecting or mining without authority

   PART 3 - PETROLEUM TITLES
   Note

           Division 1 - Provisions relating to titles generally

   8.      Application for petroleum title
   9.      Areas over which petroleum titles may not be granted
   10.     (Repealed)
   11.     Making of applications for petroleum titles
   12.     Fee for processing applications
   13.     Applications to be supported by plans
   14.     Applications to be supported by proposed work program
   15.     Applications to be supported by evidence of financial capability
   16.     Grant or refusal of petroleum titles
           16A, 17. (Repealed)
   18.     Title to nominee
   19.     Renewal of title
   19A.    Withdrawal of application for grant or renewal of petroleum title
   19B.    Land over which exploration licences may be renewed
   20.     Continuation of title pending renewal
   20A.    (Repealed)
   21.     Amendment of application
   22.     Grounds of cancellation of petroleum titles
   22A.    Cancellations of petroleum titles
   22B.    Appeals against decisions concerning cancellations of petroleum titles
           23, 24. (Repealed)
   24A.    Fit and proper person consideration in making certain decisions about petroleum titles
   25.     Limitation on challenges to validity of titles
   26.     Title taken to be personal property
   27.     Discovery of petroleum to be notified
   28.     Directions by Secretary on discovery of petroleum
   28A.    Right to explore for natural reservoirs
   28B.    Right to beneficial use of gas yielded through prospecting

           Division 2 - Exploration licences

   28C.    Land over which exploration licence granted
   29.     Rights of holders of exploration licences
   30.     Area of exploration licence
   31.     Term of exploration licence
   31A.    Activity approval required for assessable prospecting operations
   32.     Direction to holder of exploration licence to apply for lease

           Division 3 - Assessment leases

   32A.    Land over which assessment lease granted
   33.     Rights of holders of assessment leases
   34.     Area of assessment lease
   35.     Term of petroleum assessment lease
   36.     Notice to be given of application for assessment lease
   36A.    Activity approval required for assessable prospecting operations
   37.     Direction to holder of assessment lease to apply for production lease

           Division 4 - Special prospecting authorities

   38.     Rights of holders of special prospecting authorities
   39.     Area of special prospecting authority
   40.     Term of special prospecting authority

           Division 5 - Production leases

   41.     Rights of holders of production leases
   42.     Grant of production lease
   43.     Notice of application for production lease to be published
   44.     Area of production lease
   45.     Term of production lease

           Division 6 - Low-impact prospecting titles--special provisions

   45A.    Object of Division
   45B.    Special low-impact class of prospecting title
   45C.    Authority conferred by low-impact prospecting title
   45D.    Provisions relating to applications for low-impact prospecting titles
   45E.    Change of class of prospecting title--additional prospecting operations
   45F.    Access arrangement required for prospecting operations under low-impact prospecting titles
   45G.    Renewal of low-impact prospecting titles

   PART 4 - CONSENT OF OTHER GOVERNMENT AUTHORITIES

           Division 1 - Titles other than production leases

   46.     (Repealed)
   47.     Application of epis

           Division 2 - Objections by government agencies to granting of production leases

   48.     Application of this Division to Government bodies where development consent etc not required
   49.     Notice of application for production lease to be sent to Public Service agencies
   50.     Notice to be sent to Secretary of Department of Planning and Environment
   51.     Objection to grant of production lease
   52.     Resolution of objections
   53.     Grant of production lease after objection or proposal
   54.     Power to refuse grant of title not affected

           Division 3 - Objections by local councils to granting of production leases

   54A.    Division applies only where development consent etc not required
   55.     Definitions
   56.     Notice of application to be sent to councils in certain cases
   57.     Objection by council
   58.     Consideration of objection
   59.     Granting of petroleum title after objection or proposal
   60.     Consent still required for certain works
   61.     Power to refuse grant of title not affected

           Division 4 - Development consents under the Environmental Planning and Assessment Act 1979

   62.     Definitions
   63.     (Repealed)
   64.     Consent of landowner not necessary in application required by this Division
           65, 66. (Repealed)
   67.     Development consent under Environmental Planning and Assessment Act 1979
   68.     (Repealed)
   69.     Power to refuse grant of title not affected

   PART 4A - ACCESS ARRANGEMENTS FOR PROSPECTING TITLES

   69A.    Application of Part
   69B.    Arbitration Panel
   69C.    Prospecting to be carried out in accordance with access arrangement
   69D.    Matters for which access arrangement to provide
   69DA.   Access code
   69DB.   Application of mandatory provisions of access codes
   69E.    Holder of prospecting title to seek access arrangement
   69EA.   Notice to mortgagees of access arrangements
   69F.    Appointment of arbitrator by agreement
   69G.    Appointment of arbitrator in default of agreement
   69H.    Arbitration process--mediation before arbitration hearing
   69HA.   Mediation
   69HB.   Arbitration hearing
   69I.    Right of appearance
   69J.    (Repealed)
   69K.    Conduct of arbitration
   69KA.   Approved arbitration procedures
   69KB.   Site inspection by arbitrator
   69KC.   Costs of landholder participation in mediation and arbitration
   69L.    Interim determination by arbitrator
   69M.    Further arbitration
   69N.    Final determination by arbitrator
   69NA.   Determination as to costs
   69O.    Costs of mediation and arbitration hearing
   69P.    Withdrawal from arbitration
   69Q.    Liability
   69R.    Review of determination
   69S.    Effect of access arrangement
   69SA.   Register of arbitrated access arrangements
   69T.    Variation of access arrangements
   69U.    Change in landholders etc
   69V.    Court may determine access arrangement if already considering significant improvements etc
   69W.    Removal of Arbitration Panel arbitrator

   PART 4B - ACCESS ARRANGEMENTS FOR PRODUCTION LEASES
   Note

   69X.    Part 4A extends to access arrangements for production leases

   PART 5 - RESTRICTIONS ON TITLES

   70.     Exempted areas
   71.     Restrictions on rights of holders of leases over cultivated land
   72.     Restrictions on rights of holders of titles over other land
   73.     Disputes between holders of petroleum titles and other persons carrying on operations on the land

   PART 6 - PROTECTION OF THE ENVIRONMENT

           Division 1 - Environmental, rehabilitation and other directions

   74.     Interpretation
   75.     Directions
   76.     Prohibition notices
   77.     Direction to suspend operations
   78.     Revocation or variation
   78A.    Breach of direction or notice
   78B.    Effect of direction
   78C.    Fee
   78D.    Rehabilitation by Minister at holder's expense
   78E.    Recovery of costs of rehabilitation
   78F.    Prior notice of direction under section 75 or 76 not required

           Division 2 - (Repealed)
           None

           Division 3 - (Repealed)
           None

           Division 4 - Directions to remove petroleum plant

   80.     Application of Division
   81.     Definitions
   82.     Clearing away of petroleum plant
   83.     Sale of petroleum plant

           Division 5 - Audits

   83A.    Relationship of this Division to other provisions
   83B.    Nature of audit
   83C.    Accreditation and regulation of auditors
   83D.    Conditions for mandatory audits
   83E.    Certification of audit report
   83F.    Offences relating to audit information
   83G.    Self-incriminatory information not exempt
   83H.    Use of information
   83I.    Nature of voluntary audit
   83J.    Protected documents
   83K.    Nature of protection
   83L.    Lifting of protection

   PART 7 - ROYALTIES

   84.     Royalty periods
   85.     Royalty
   86.     Reduction of royalty in certain cases
   87.     Royalty not payable in certain cases
   88.     (Repealed)
   89.     Ascertainment of value
   90.     Ascertainment of quantity of petroleum recovered
   91.     Payment of royalty
   91A.    Refunds and rebates of royalties
   92.     Penalty for late payment
   93.     Royalty returns
   94.     Assessment and recovery of royalties
   94AA.   Disclosure of royalty information

   PART 7A - FEES

           Division 1 - Preliminary

   94A.    Definitions
   94B.    Meaning of "grant anniversary date"

           Division 2 - Fees payable for petroleum title

   94C.    Fees payable in respect of petroleum title
   94D.    Fees payable by holder of petroleum title

           Division 3 - Title fee

   94E.    Title fee
   94F.    Amount of title fee
   94G.    When fee is payable

           Division 4 - Annual rental fee

   94H.    Liability for annual rental fee
   94I.    Amount of annual rental fee

           Division 5 - Administrative levy

   94J.    Definitions
   94K.    Liability for administrative levy
   94L.    Amount of administrative levy
   94M.    Minimum amount of administrative levy

           Division 6 - General

   94N.    Assessment of liability
   94O.    Recovery of fees
   94P.    (Repealed)
   94Q.    Late payment fee
   94R.    Effect of cancellation or suspension
   94S.    Exemptions
   94T.    Waiver or refund of fees

   PART 8 - REGISTRATION OF TITLES AND DEALINGS

   95.     Records of titles
   96.     Applications for transfer of title
   96A.    Registration of transfers
   96B.    Caveats
   97.     Registration of certain interests

   PART 8A - RECORDS AND REPORTS

   97A.    Keeping of geological plans, maps and records
   97B.    Furnishing of statistics, returns and other information
   97C.    Reports
   97D.    Record-keeping
   97E.    Retention of records relating to petroleum titles
   97F.    Information or return provided, served or lodged by agents
   97G.    Samples of strata, petroleum and water

   PART 9 - POWERS OF ENTRY AND INSPECTION

           Division 1 - Preliminary

   98.     Purposes for which powers under Part may be exercised
   99.     Effect on other functions

           Division 2 - Powers to require information and records

   100.    Application of Division
   101.    Requirement to provide information and records

           Division 3 - Powers of entry and search

   102.    Powers to enter premises
   103.    Entry into residential premises only with permission or warrant
   104.    Powers of inspectors to do things at premises
   104A.   Search warrants
   104B.   Inspectors may request assistance
   104C.   Assistance to be given to inspectors
   104D.   Care to be taken
   104E.   Compensation
   104F.   Power of inspectors to require answers
   104G.   Recording of evidence
   104H.   Power of inspectors to demand name and address
   104I.   Application of Division

           Division 4 - Powers with respect to articles

   104J.   Application of Division
   104K.   Power to inspect and test

           Division 5 - Other entry powers

   104L.   Survey
   104M.   Sampling
   104N.   Notice to landholder

           Division 6 - General

   104O.   Offences
   104P.   Provisions relating to requirements to furnish records or information or answer questions
   104Q.   Revocation or variation

   PART 10 - EASEMENTS AND RIGHTS OF WAY

   105.    Easements and rights of way over lands under petroleum title
   106.    Rights of way over land

   PART 10A - SECURITY DEPOSIT CONDITIONS

   106A.   Definitions
   106B.   Security required to be given
   106C.   Security may be required before application for title is granted
   106D.   Amount of security deposit
   106E.   Secretary may assess amount of security deposit
   106F.   Application for review of assessed deposit
   106G.   Review of assessed deposit by Minister
   106H.   Minimum deposit
   106I.   Forfeiture of security

   PART 11 - COMPENSATION

   107A.   Definition
   107.    Compensation
   108.    Parties to agree as to compensation
   109.    Measure of compensation
   110.    Manner of assessment
   111.    Additional assessment
   112.    Appeals from assessments
   112A.   Native title compensation payable by holders of petroleum titles

   PART 12 - LAND AND ENVIRONMENT COURT PROCEEDINGS

   112B.   Jurisdiction of Land and Environment Court
   112C.   Land and Environment Court may order deposit of petroleum, money or chattels or prohibit extraction of petroleum
   112D.   Land and Environment Court may grant injunction
   112E.   Granting of injunctions in cases of urgency
   112F.   Orders protecting adjacent petroleum titles
   112G.   Court may order payment of money or delivery of petroleum
   113.    (Repealed)

   PART 12A - ADMINISTRATION

   113A.   Exclusion of personal liability
   113B.   Delegation of functions by Minister or Secretary
   113C.   Minister or officer not to be interested in petroleum title

   PART 13 - RELEASE OF INFORMATION

           Division 1 - Preliminary

   113D.   Definitions

           Division 2 - Release of certain data, samples and work programs

   113E.   Release of certain data
   113F.   Release of samples
   113G.   Release of summaries of work programs

           Division 3 - Release of assessments, subject to objections

   113H.   Release of assessments
   113I.   Invitation of objections to release of assessments
   113J.   Objections
   113K.   Consideration of objections

           Division 4 - Use and disclosure of information

   113L.   Documents or information provided under conditions requiring reporting
   113M.   Disclosure of information
   113N.   Exchange of information
           114-125. (Repealed)

   PART 13A - OFFENCES, ENFORCEMENT AND UNDERTAKINGS ABOUT CONTRAVENTIONS

           Division 1 - Offences

   125B.   Obstruction
   125C.   Obstruction of holder of petroleum title
   125D.   Providing false or misleading information
   125E.   Contravention of condition of petroleum title--offence by holder
   125F.   Defences
   125G.   Aiding and abetting commission of offence
   125H.   Liability of directors etc for offences by corporation--offences attracting executive liability
   125I.   Liability of directors etc for offences by corporation--accessory to the commission of the offences
   125J.   Continuing offences

           Division 2 - Proceedings for offences

   125L.   Proceedings for offences
   125M.   Time within which summary proceedings may be commenced
   125N.   Penalty notices

           Division 3 - Restraining orders

   125O.   Application of Division
   125P.   Nature of restraining order
   125Q.   Application for restraining order
   125R.   Making of restraining order
   125S.   Undertakings
   125T.   Ancillary orders
   125U.   Charge on property subject to restraining orders
   125V.   Registration of restraining orders
   125W.   Recovery of costs of registering charge on land
   125X.   Recovery of costs of lodging caveat
   125Y.   Contravention of restraining orders
   125Z.   Court may revoke restraining order
   125ZA.  Time when restraining order ceases to be in force

           Division 4 - Court orders in connection with offences

   125ZB.  Operation of Division
   125ZC.  Orders generally
   125ZD.  Orders for costs, expenses and compensation at time offence proved
   125ZE.  Recovery of costs, expenses and compensation after offence proved
   125ZF.  Orders regarding costs and expenses of investigation
   125ZG.  Orders regarding other monetary benefits
   125ZH.  Additional orders

           Division 5 - Court orders in connection with suspected contraventions

   125ZI.  Order for recovery of costs related to prospecting or mining without authority

           Division 6 - Enforceable undertakings

   125ZJ.  Secretary may accept enforceable undertakings
   125ZK.  Notice of decision and reasons for decision
   125ZL.  When an enforceable undertaking is enforceable
   125ZM.  Compliance with enforceable undertaking
   125ZN.  Contravention of enforceable undertaking
   125ZO.  Withdrawal or variation of enforceable undertaking
   125ZP.  Proceeding for alleged contravention

           Division 7 - Evidentiary provisions

   125ZQ.  Certificate evidence of certain matters

           Division 8 - General

   125ZR.  Continuing effect of notices and conditions

   PART 14 - MISCELLANEOUS

           126, 126A. (Repealed)
   126B.   Petroleum titles and low-impact prospecting titles not personal property under Personal Property Securities Act 2009 (Cth)
           127-129. (Repealed)
   129A.   Extraterritorial application
   129B.   Waiver of minor procedural matters
   130.    Saving of powers to dispose of land
           131-133. (Repealed)
   134.    Service of documents
   134A.   Service of documents on native title holders
   134B.   Consents of landholders
           135-136A. (Repealed)
   136B.   Gas and other petroleum activities--enforcement by EPA
           137, 137A. (Repealed)
   138.    Regulations
   138A.   (Repealed)
   138B.   References to certain officers in petroleum titles
   139.    Repeals
   140.    Savings and transitional provisions
   141.    General immunity of landholders
           SCHEDULE 1A
           SCHEDULE 1B
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3