Acts and Legislation
Western Australia (WA) is the only Australian State that has a petroleum code common to both its onshore and offshore areas. The code is similar to that of the Offshore Petroleum and Greenhouse Gas Act 2006 (Cwlth), which was established by the Federal Government in conjunction with all Australian State Governments and that of the Northern Territory.
Acts and Legislation Overview
The code varies little between the offshore and onshore, and only where it is necessary to recognise the requirement of other land tenures and usage. This commonality makes for more consistent and expedient administration and is far less confusing for explorers.
The basic premise for this common petroleum code is that all WA's petroleum resources and its adjacent submerged lands are reserved to the Crown, as is the right of access for the purpose of searching for, and recovering these resources. In this regard, exploration for and production of petroleum is permitted only under the provisions of legislation applying to WA and its adjacent submerged lands:
- The Petroleum and Geothermal Energy Resources Act 1967 (WA) (PGERA67) covers all onshore areas of the State, including its islands and, in certain circumstances, areas of submerged lands internal to the State (i.e. those waters landward of the base line), other than ‘subsisting’ permit areas under the Petroleum (Submerged Lands) Act 1982 (WA) (PSLA82)
- The Petroleum (Submerged Lands) Act 1982 (WA) (PSLA82) applies to WA’s territorial sea, including the territorial sea around State islands, and under certain circumstances, some areas of internal waters
- The Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cwlth) (OPGGSA06) applies to the submerged lands of the continental shelf beyond the territorial sea, which are within the area designated as being offshore to WA
- Both the Petroleum and Geothermal Energy Resources Act 1967 (WA) and the Petroleum (Submerged Lands) Act 1982 (WA) are administered solely by WA, while the Commonwealth Act, in respect to the Western Australian adjacent area. is administered by a Joint Authority. This Joint Authority comprises both the Commonwealth and State Minister responsible for petroleum administration. The division of State and Commonwealth Waters occurs at the three nautical mile mark.
Petroleum royalties are administered and collected under State and Commonwealth legislation. Royalties collected from onshore projects are retained by the State Government, while offshore projects are shared between the State and Commonwealth in accordance with the relevant legislation. Barrow Island onshore royalties are also shared between the Commonwealth and the State.
Commencement of the Petroleum and Energy Legislation Amendment Act 2010
The Petroleum and Energy Legislation Amendment Act 2010 came in to operation on 25 May 2011, except for data management provisions which will be proclaimed when State data management regulations have been developed.
This Act amends the Petroleum and Geothermal Energy Resources Act 1967, the Petroleum (Submerged Lands) Act 1982 and the Petroleum Pipelines Act 1969 primarily for the purpose of bringing it in line with amendments made in recent years to the petroleum common mining code which applies in Australia’s offshore waters under Commonwealth law.
Only reprints of the Petroleum and Geothermal Energy Resources Act 1967 and the Petroleum (Submerged Lands) Act 1982 are being prepared but updated electronic copies of all Acts are available at the link below:
http://www.slp.wa.gov.au/legislation/statutes.nsf/main_actsif_p.html
