Petroleum (Submerged Lands) Regulations 2001

1. Objective 1

2. Authorising provision 1

3. Commencement 1

4. Revocations 1

5. Definition 1

6. General fees 2

7. Form of transfer of a title 2

8. Application for approval of dealing 2

9. Fees for Register extracts, documents or certificates 4

10. Release of information and samples 4

11. Permit fees 5

12. Lease fees 5

13. Licence fees 6

14. Pipeline licence fees 6

15. Infrastructure licence fees 6

16. Particulars relating to a petroleum discovery 6

17. Determination of the composition and quantity of petroleum discovered 7

18. Survey of wells, structures or equipment 8 __________________ SCHEDULES 10 SCHEDULE 1—Regulations Revoked 10 SCHEDULE 2—Prescribed Fees 11 SCHEDULE 3—Transfer of Title 13 ═══════════════ i Regulation Page ENDNOTES 14

1. General Information 14

2. Table of Amendments 15

3. Explanatory Details 16 ii Version No. 004 Petroleum (Submerged Lands) Regulations 2001 S.R. No. 98/2001 Version incorporating amendments as at 1 July 2004

1. Objective The objective of these Regulations is to prescribe— (a) fees for the purposes of the Petroleum (Submerged Lands) Act 1982; and (b) a form of transfer of a title; and (c) particulars for an application for approval of a dealing; and (d) other matters authorised by the Petroleum (Submerged Lands) Act 1982.

2. Authorising provision These Regulations are made under section 152 of the Petroleum (Submerged Lands) Act 1982.

3. Commencement These Regulations come into operation on 21 October 2001.

4. Revocations The Regulations set out in Schedule 1 are revoked.

5. Definition In these Regulations— "Act" means the Petroleum (Submerged Lands) Act 1982. 1 Petroleum (Submerged Lands) Regulations 2001 r. 6 S.R. No. 98/2001

6. General fees For the purposes of those sections of the Act specified in Column 1 of Schedule 2, the prescribed fees are specified in Column 3 of that Schedule.

7. Form of transfer of a title For the purposes of section 78(3) of the Act, the prescribed form of transfer is set out in Schedule 3.

8. Application for approval of dealing (1) For the purposes of section 81(4)(b) of the Act, the prescribed particulars are— (a) a description and date of execution of the instrument evidencing the dealing referred to in section 81(4)(a) of the Act; (b) details of each title (including the type and number of each title) to which the dealing relates; (c) the full name and business address of each party to the dealing; (d) details of the effect or effects, upon registration, of the dealing specified in terms of the relevant paragraphs of section 81(1) of the Act; (e) details of the interest or interests in each 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; 2 Petroleum (Submerged Lands) Regulations 2001 r. 8 S.R. No. 98/2001 (f) in the case of a dealing to which section 92(5)(a) of the Act 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 92(5)(b) of the Act applies—the value of that interest; (h) whether or not the parties to the dealing have made or propose to make an application for the purposes of section 92(7) of the Act; (i) details of any exploration works referred to in section 92(8) of the Act; (j) in respect of any related dealing under the Act— (i) description and date of execution of the instrument evidencing the dealing; (ii) the date of approval by the Minister; (iii) registration number, if any. (2) For the purposes of sub-regulation (1)(j), "related dealing" means any dealing executed, before the execution of the instrument referred to in sub- regulation (1)(a) by some or all of the parties to that instrument— (a) that relates to the title which is the subject of the dealing to which the instrument relates; and (b) that— (i) creates or assigns an option to enter into the dealing referred to in sub- regulation (1)(a); or 3 Petroleum (Submerged Lands) Regulations 2001 r. 9 S.R. No. 98/2001 (ii) creates or assigns a right to enter into the dealing referred to in sub- regulation (1)(b); or (iii) is altered or terminated by the dealing referred to in sub-regulation (1)(a)— and includes any transaction in respect of which an instrument was registered under section 81 of the Act after 14 February 1983.

9. Fees for Register extracts, documents or certificates Reg. 9(1) amended by (1) For the purposes of section 87(2) of the Act, the S.R. No. fee must be calculated at the rate of $3 per page. 13/2004 reg. 5(a). Reg. 9(2) amended by (2) For the purposes of section 87(3) of the Act, the S.R. No. fee must be calculated at $39 per certificate. 13/2004 reg. 5(b). Reg. 10 substituted by

10. Release of information and samples S.R. No. 134/2002 (1) For the purposes of sections 151L(4), 151N(3) reg. 5. and 151O(b) of the Act, the fee payable for information contained in a document is to be calculated in accordance with the following— Reg. 10(1)(a) amended by (a) if the document is lent to the person who S.R. No. made the request—an amount calculated at 13/2004 reg. 6. the rate of $33 per day or part of a day during which the document is on loan to that person; Reg. 10(1)(b) amended by (b) if the document is not readily available and a S.R. No. search is necessary to locate the 13/2004 reg. 6. information—an amount calculated at the rate of $33 per hour or part of an hour after the first half hour for the time taken to locate the information; (c) if any document referred to in paragraphs (a) or (b) is, on the application of the person making the request— 4 Petroleum (Submerged Lands) Regulations 2001 r. 11 S.R. No. 98/2001 (i) copied or reproduced; or (ii) forwarded or consigned to that person— an amount equal to all reasonable costs incurred in the copying or reproduction or forwarding or consignment (including the costs of packaging where applicable). (2) For the purposes of section 151L(4) and 151N(3) of the Act, the fee payable for inspection of a petroleum mining sample is to be calculated in accordance with the following— (a) an amount calculated at the rate of $33 per Reg. 10(2)(a) amended by day or part of a day during which the sample S.R. No. is being inspected by the person who made 13/2004 reg. 6. the request; (b) if the petroleum mining sample is not readily Reg. 10(2)(b) amended by available and a search is necessary to locate S.R. No. the sample—an amount calculated at the rate 13/2004 reg. 6. of $33 per hour after the first half hour for the time taken to locate the sample.

11. Permit fees For the purposes of section 139 of the Act, the fee payable is— (a) $1100; or (b) an amount calculated at a rate of $55 for each block to which the permit relates at the commencement of the relevant year— whichever is the greater.

12. Lease fees For the purposes of section 139A(1) of the Act, the fee payable must be calculated at the rate of $6600 for each block to which the lease relates at the commencement of the relevant year. 5 Petroleum (Submerged Lands) Regulations 2001 r. 13 S.R. No. 98/2001

13. Licence fees For the purposes of section 140 of the Act, the fee payable must be calculated at the rate of $19 800 for each block to which the licence relates at the commencement of the relevant year.

14. Pipeline licence fees For the purposes of section 141 of the Act, the fee payable must be calculated at the rate of $88 per kilometre or part of a kilometre, of the length of the pipeline as at the commencement of the relevant year. Reg. 15 inserted by

15. Infrastructure licence fees S.R. No. 134/2002 For the purposes of section 140A of the Act, the reg. 6. fee for an infrastructure licence for a year of the term of the licence is $19 800. Reg. 16 inserted by

16. Particulars relating to a petroleum discovery S.R. No. 134/2002 (1) If petroleum is discovered in a permit area or a reg. 6. lease area, the Minister by written notice may require the permittee or lessee to give to the Minister particulars in writing of 1 or more of the following (a) the chemical composition and physical properties of the petroleum; (b) the nature of the subsoil in which the petroleum occurs; (c) any other matter relating to the discovery that— (i) the Minister has reason to believe is within the knowledge of the permittee or lessee; and (ii) is specified by the Minister in the notice. 6 Petroleum (Submerged Lands) Regulations 2001 r. 17 S.R. No. 98/2001 (2) A permittee or lessee must not Reg. 16(2) amended by (a) fail to comply with a requirement made and S.R. No. 88/2004 notified in accordance with this regulation; reg. 5(Sch. 2 or item 1(a)(b)). (b) in purported compliance with a requirement, give information that is false or misleading in a material particular. Penalty: $11 000, in the case of a natural person; $55 000, in the case of a body corporate. (3) A notice under sub-regulation (1) must (a) specify— (i) for particulars of a matter mentioned in sub-regulation (1)(a) or (b)—a reasonable period within which the particulars must be given; and (ii) for particulars of a matter mentioned in sub-regulation (1)(c)—a period of at least 14 days within which the particulars must be given; and (b) be served on the permittee or lessee.

17. Determination of the composition and quantity of Reg. 17 inserted by petroleum discovered S.R. No. 134/2002 (1) If petroleum is discovered in a permit area or a reg. 6. lease area, the Minister by written notice may require the permittee or lessee to do such things as are reasonably necessary and are set out in the notice to determine— (a) the chemical composition and physical properties of the petroleum; and (b) the quantity of petroleum in the petroleum pool to which the discovery relates or, if only part of the petroleum pool is within the 7 Petroleum (Submerged Lands) Regulations 2001 r. 18 S.R. No. 98/2001 permit area or lease area, in the part of the petroleum pool that is within the permit area or lease area. Reg. 17(2) amended by (2) A permittee or lessee must not fail to comply with S.R. No. a requirement made and notified in accordance 88/2004 reg. 5(Sch. 2 with this regulation. item 1(a)(b)). Penalty: $11 000, in the case of a natural person; $55 000, in the case of a body corporate. (3) A notice under sub-regulation (1) must— (a) specify a reasonable period within which the things must be done; and (b) be served on the permittee or lessee. Reg. 18 inserted by

18. Survey of wells, structures or equipment S.R. No. 134/2002 (1) The Minister by written notice may require a reg. 6. person who is a permittee, lessee, licensee, infrastructure licensee or pipeline licensee to— (a) survey the position of the well, pipeline, infrastructure facility, structure or equipment specified in the notice; and (b) give a written report of the survey to the Minister. (2) If the Minister is not satisfied with a report given by a person under sub-regulation (1), the Minister by written notice may require the person to give further information, in writing, about the survey to the Minister. Reg. 18(3) amended by (3) A person must not— S.R. No. 88/2004 (a) fail to comply with a requirement made and reg. 5(Sch. 2 notified in accordance with this regulation; item 1(a)(b)). or 8 Petroleum (Submerged Lands) Regulations 2001 r. 18 S.R. No. 98/2001 (b) in purported compliance with a requirement, give information that is false or misleading in a material particular. Penalty: $11 000, in the case of a natural person; $55 000, in the case of a body corporate. (4) A notice under sub-regulation (1) or (2) must— (a) specify a reasonable period within which— (i) for a notice under sub-regulation (1)— the survey must be done and the report given; or (ii) for a notice under sub-regulation (2)— the information must be given; and (b) be served on the person. __________________ 9 Petroleum (Submerged Lands) Regulations 2001 Sch. 1 S.R. No. 98/2001 SCHEDULES

SCHEDULE 1 Regulation 4 REGULATIONS REVOKED S.R. No Title 284/1990 Petroleum (Submerged Lands) Regulations 1990 84/1991 Petroleum (Submerged Lands) (Fees) Regulations 1991 ————————— 10 Petroleum (Submerged Lands) Regulations 2001 Sch. 2 S.R. No. 98/2001

SCHEDULE 2 Sch. 2 amended by S.R. No. Regulation 6 134/2002 regs 7(a)(b), PRESCRIBED FEES 8(a)(b), substituted by S.R. No. Column 1 Column 2 Column 3 13/2004 reg. 7. Section of Act Description Fee $ 21(1)(f) Application for permit 3900 24(1)(a) Application for permit in respect of 3900 surrendered etc. blocks 30(2)(c) Application for renewal of permit 1560 38A(2)(e) Application by permittee for lease 1560 38BB(2)(d) Application by licensee for lease 1560 38F(2)(d) Application for renewal of lease 1560 41(1)(e) Application for licence 1560 48(1)(a) Application for licence in respect of 3900 surrendered etc. blocks 51(2)(e) Application for licence in respect of 780 individual blocks 59B(2)(d) Application for infrastructure licence 1560 59K(2)(d) Application for variation of infrastructure 780 licence 64(1)(f) Application for pipeline licence 3900 71(2)(e) Application for variation of pipeline 780 licence 79(2) Entries in Register on devolution of title 78 79(3)(b) Substitution of company name on Register 78 86 Inspection of Register and documents 16 92(2) Entry in Register and transfer of a title 780 92(3) Entry in Register of transfer of a title 780 giving effect to a dealing 11 Petroleum (Submerged Lands) Regulations 2001 Sch. 2 S.R. No. 98/2001 Column 1 Column 2 Column 3 Section of Act Description Fee $ 92(4) Entry in Register and transfer of a title by 3900 related corporations 92(6) Entry in Register of approval of a dealing 780 under section 81 of the Act 92(7) Entry in Register for approval of a dealing 3900 by related corporations 111(2) Application for special prospecting 780 authority ————————— 12 Petroleum (Submerged Lands) Regulations 2001 Sch. 3 S.R. No. 98/2001

SCHEDULE 3 Regulation 7 Petroleum (Submerged Lands) Act 1982 Petroleum (Submerged Lands) Regulations 2001 TRANSFER OF TITLE *I/We (insert name of transferor(s)) being the registered *holder/holders of (insert type and number of permit, lease, licence, pipeline licence or access authority) in consideration of (insert the value of the consideration for the transfer or the value of the title transferred and reference to any dealing registered under section 81 of the Act which the transfer gives effect to) hereby transfer all rights, title and interest in (insert type and number of permit, lease, licence, pipeline licence or access authority) to (insert the name and address of the transferee(s)) IN WITNESS of this transfer the parties to the transfer have affixed their respective common seals or signatures below on (insert date). Common Seal and signature(s) of Common Seal and signature(s) of transferee transferor *Delete whichever is inapplicable. ═══════════════ 13 Petroleum (Submerged Lands) Regulations 2001 Endnotes S.R. No. 98/2001 ENDNOTES 1. General Information The Petroleum (Submerged Lands) Regulations 2001, S.R. No. 98/2001 were made on 9 October 2001 by the Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council under section 152 of the Petroleum (Submerged Lands) Act 1982, No. 9772/1982 and came into operation on 21 October 2001: regulation 3. The Petroleum (Submerged Lands) Regulations 2001 will sunset 10 years after the day of making on 9 October 2011 (see section 5 of the Subordinate Legislation Act 1994). 14 Petroleum (Submerged Lands) Regulations 2001 Endnotes S.R. No. 98/2001 2. Table of Amendments This Version incorporates amendments made to the Petroleum (Submerged Lands) Regulations 2001 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Petroleum (Submerged Lands) (Amendment) Regulations 2002, S.R. No. 134/2002 Date of Making: 17.12.02 Date of Commencement: 1.1.03: reg. 3 Petroleum (Submerged Lands) (Amendment) Regulations 2004, S.R. No. 13/2004 Date of Making: 17.2.04 Date of Commencement: 23.2.04: reg. 3 Monetary Units Regulations 2004, S.R. No. 88/2004 Date of Making: 29.6.04 Date of Commencement: 1.7.04: reg. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 15 Petroleum (Submerged Lands) Regulations 2001 Endnotes S.R. No. 98/2001 3. Explanatory Details No entries at date of publication. 16