Petroleum (Submerged Lands) Regulations 2001

i Petroleum (Submerged Lands) Regulations 2001 S.R. No. 98/2001 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 2 4. Revocations 2 5. Definition 2 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 4 11. Permit fees 6 12. Lease fees 6 13. Licence fees 6 14. Pipeline licence fees 6 __________________ SCHEDULES 7 SCHEDULE 1—Regulations revoked 7 SCHEDULE 2—Prescribed fees 8 SCHEDULE 3—Transfer of Title 10 ═══════════════ -- 1 of 11 -- 1 STATUTORY RULES 2001 S.R. No. 98/2001 Petroleum (Submerged Lands) Act 1982 Petroleum (Submerged Lands) Regulations 2001 The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations: Dated: 9 October 2001 Responsible Minister: CANDY BROAD Minister for Energy and Resources HELEN DOYE Clerk of the Executive Council 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. -- 2 of 11 -- S.R. No. 98/2001 Petroleum (Submerged Lands) Regulations 2001 2 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. 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 r. 3 -- 3 of 11 -- S.R. No. 98/2001 Petroleum (Submerged Lands) Regulations 2001 3 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; (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— r. 8 -- 4 of 11 -- S.R. No. 98/2001 Petroleum (Submerged Lands) Regulations 2001 4 (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 (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 (1) For the purposes of section 87(2) of the Act, the fee must be calculated at the rate of $2 per page. (2) For the purposes of section 87(3) of the Act, the fee must be calculated at $30 per certificate. 10. Release of information (1) For the purposes of each of section 118(1A)(b), (2)(b), (5)(c) and (5A)(b) of the Act, the fee payable is to be calculated in accordance with the following— (a) if the information requested is contained in a document and that document is lent to the person who made the request—an amount calculated at the rate of $25 per day or part of a day during which the document containing the information is on loan to that person; r. 9 -- 5 of 11 -- S.R. No. 98/2001 Petroleum (Submerged Lands) Regulations 2001 5 (b) if the information requested is contained in a document and that document is not readily available and a search is necessary to locate the information—an amount calculated at the rate of $25 per hour or part of an hour after the first half hour for the time taken to locate the information; (c) if any information referred to in paragraphs (a) or (b) is, on the application of the person making the request— (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 each of section 118(3)(b) and (5)(d) of the Act, the fee payable is to be calculated in accordance with the following— (a) if the core, cutting or sample is lent to the person who made the request—an amount calculated at the rate of $25 per day or part of a day during which the core, cutting or sample is on loan to that person; (b) if the core, cutting or sample is not readily available and a search is necessary to locate the core, cutting or sample—an amount calculated at the rate of $25 per hour after the first half hour for the time taken to locate the core, cutting or sample; r. 10 -- 6 of 11 -- S.R. No. 98/2001 Petroleum (Submerged Lands) Regulations 2001 6 (c) if the core, cutting or sample is, on the application of the person making the request forwarded or consigned to that person—an amount equal to all reasonable costs incurred in the forwarding or consignment (including the costs of packaging where applicable). 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. 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. __________________ r. 11 -- 7 of 11 -- S.R. No. 98/2001 Petroleum (Submerged Lands) Regulations 2001 7 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 ————————— Sch. 1 -- 8 of 11 -- S.R. No. 98/2001 Petroleum (Submerged Lands) Regulations 2001 8 SCHEDULE 2 Regulation 6 PRESCRIBED FEES Column 1 Section of Act Column 2 Description Column 3 Fee $ 21(1)(f) Application for permit 3000 24(1)(a) Application for permit in respect of surrendered etc. blocks 3000 30(2)(c) Application for renewal of permit 1200 38A(2)(e) Application by permittee for lease 1200 38F(2)(d) Application for renewal of lease 1200 41(1)(e) Application for licence 1200 48(1)(a) Application for licence in respect of surrendered etc. blocks 3000 51(2)(e) Application for licence in respect of individual blocks 600 54(2)(d) Application for renewal of licence 1200 64(1)(f) Application for pipeline licence 3000 68(2)(c) Application for renewal of pipeline licence 1200 71(2)(e) Application for variation of pipeline licence 600 79(2) Entries in register on devolution of title 60 79(3)(b) Substitution of company name on Register 60 86 Inspection of Register and documents 12 92(2) Entry in Register and transfer of a title 600 92(3) Entry in Register of transfer of a title giving effect to a dealing 600 Sch. 2 -- 9 of 11 -- S.R. No. 98/2001 Petroleum (Submerged Lands) Regulations 2001 9 Column 1 Section of Act Column 2 Description Column 3 Fee 92(4) Entry in Register and transfer of a title by related corporations 3000 92(6) Entry in Register of approval of a dealing under section 81 of the Act 600 92(7) Entry in Register for approval of a dealing by related corporations 3000 111(2) Application for special prospecting authority 600 ————————— Sch. 2 -- 10 of 11 -- S.R. No. 98/2001 Petroleum (Submerged Lands) Regulations 2001 10 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. ═══════════════ Sch. 3 -- 11 of 11 --