STATUTORY RULES.

1930. No. 47.

REGULATIONS UNDER THE PETROLEUM PROSPECTING ACT 1926-1928.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Petroleum Prospecting Act 1926-1928, to come into operation forthwith.

Dated the twentieth day of May, 1930.

STONEHAVEN.

Governor-General.

By His Excellency’s Command,

ARTHUR BLAKELEY

Minister of State for Home Affairs.

PETROLEUM PROSPECTING REGULATIONS,

Part I.—Preliminary.

Short title.

1. These Regulations may be cited as the Petroleum Prospecting Regulations.

Repeal,

2. The Petroleum Prospecting Regulations 1926 (being Statutory Rules 1926, No. 45, as amended by Statutory Rules 1927, No, 33, and Statutory Rules 1928, No. 51) are hereby repealed.

Parts.

3. These Regulations are divided into Parts, as, follows:—

Part I.—Preliminary.

Part II.—Advances in connexion with Geological Surveys.

Part III.—Advances for the purpose of Testing Holdings.

Definitions.

4. — (1.) In these Regulations, unless the contrary intention appears—

“Act” means the Petroleum Prospecting Act 1926-1928, and, if that is amended, includes that Act as so amended;

“Advance” for the purpose of Part II of these Regulations, means an advance under paragraph (b) of sub-section (1.) of section 4 of the Act;

“Advance”, for the purposes of Part III of these Regulations, means an advance under paragraph (a) of sub-section (1.) of section 4 of the Act;

“Applicant” means an applicant for an advance;

“Approved area,” means an area approved by the Minister;

“Approved site” means a site selected or approved by a person thereto authorized in writing by the Minister;

“Detailed survey” means a complete geological survey of an area, together with the construction of the necessary geological maps and sections in connexion therewith;

“Pit sinking” means the sinking of shallow pits for the purpose of verifying geological structure;

“Reconnaissance survey” means a preliminary, survey, of broad geological features, under such conditions and in such areas as are approved by the Minister; for the purpose of ascertaining whether a detailed survey is necessary ;

“Scout bore” means a shallow bore for the purpose of verifying geological structure;

“Test bore ” means a bore for the purpose of obtaining oil

(2.) Any reference to a form shall be read as a reference to a form in the Schedule to these Regulations.

Part II —Advances in connexion with Geological Surveys.

Advances to State Governments.

5. Any advance made to a State Government shall be at the rate of One pound for every One pound provided by the State Government for the purpose of making geological surveys.

Applications for advances.

6.— (1.) An application for an advances shall be in accordance with Form 1 or Form 2, as the case requires, and shall be supported by statutory declaration.

(2.) Where an application is made by a company, the application shall be made in the name of the company and signed by the Secretary or other proper officer of the company, and the statutory declaration shall be made by the Secretary or other proper officer of the company.

(3.) An application by a company shall be accompanied by a copy of its latest balance-sheet, certified by the auditor of the company, together with a statement, certified correct by the auditor of the company of the financial position of the company at the date of the application.

(4.) Where the applicant is an individual he shall furnish to the Minister such information as regards his financial position as the Minister requires.

Powers of Minister with respect to applications.

7. The Minister may grant or refuse any application or require the applicant to furnish further information, on the receipt of which the Minister may grant or refuse the application.

Reconnaissance surveys.

8. — (1.) Where it is proposed to make geological surveys in an area which, in the opinion of the Minister has not previously received adequate geological examination, the Minister may approve of a reconnaissance survey being conducted.

(2.) Where, at any stage of the survey, the Minister considers that no further reconnaissance survey is necessary, he may direct that such survey cease.

Detailed surveys.

9. — (1.) Where, on the cessation of a reconnaissance survey, the Minister considers that a detailed survey is necessary, he may direct the applicant to carry out a detailed survey.

(2.) Where it is proposed to make geological surveys in an area which, in the opinion of the Minister, has previously received adequate preliminary geological examination, the Minister may approve of a detailed survey being carried out in a limited portion of that area.

Advance payable in accordance with agreement.

10. — (1.) Upon the granting of an application, the advance shall not be payable to the applicant until he enters into an agreement with the Minister in respect of the payment of the advance to which the application relates.

(2.) The agreement shall include provisions to the following effect:—

(a) That the total amount of the advance payable to the applicant shall not exceed the amount specified in the agreement, together with any supplementary advance which the Minister grants under paragraph (h) of this sub-regulation.

(b) That the amount of the advance payable in respect of any particular item of expenditure shall not exceed the amount specified in the agreement as payable in respect of that item unless the Minister otherwise approves:

Provided that, where an advance in the nature of a lump sum has been approved of by the Minister, this paragraph shall not be included in the agreement;

(c) That the books of the applicant shall be made available for examination, if and when required, by a person thereto authorized in writing by the Minister;

(d) That the personnel of the scientific staff to be employed shall be approved by the Minister;

(e) That the applicant shall submit to the Minister, once in every month, a report, in accordance with Form 3, showing the progress made with the survey of the area, together with such samples of the geological formations as the Minister requires;

(f) That once in each month the applicant shall submit to the Minister proposals for the operations projected during the next ensuing month, which proposals the Minister may approve, modify or veto with such alteration in the amount of the advance as he may consider necessary;

(g) That the applicant shall collect, label and preserve in suitable containers in the manner determined by the Minister samples of the geological formations of the area.

(h) That, if the Minister is satisfied that supplementary operations, including detailed surveys, scout bores or pit sinking, are essential in order to verify the geological structure of the area, supplementary advances for the purpose may be granted under such conditions as the Minister determines, and such conditions shall be deemed to be included in the agreement;

(i) That the applicant shall submit to the Minister once in every month a report, together with weekly well logs, in accordance with Form 6, showing the progress made with the sinking of all scout bores, the nature of the strata passed through and such other particulars as the Minister requires, and such samples of the rock taken from the bores as the Minister requires from time to time;

(j) That payment of the advance shall be discontinued if, in the opinion of the Minister, the continuance of the work is no longer necessary, or if the shares of the company attain a value equal to two and a half times the paid-up value of the shares, or if the applicant fails to comply, to the satisfaction of the Minister, with any provision of the agreement or the Act or these Regulations or the laws (if any) relating to the search for oil in force in the State or Territory in which the work is being carried out, or if the Minister is of the opinion that the applicant is not satisfactorily carrying out the geological survey,

and such other provisions as the Minister considers necessary or desirable.

Terms of payment of advance.

11.—(1.) Subject to those Regulations, the advance shall be payable at the rate of One pound for every Three pounds expended by the applicant (whether before or after the coming into force of the agreement referred to in the last preceding regulation) in connexion with the making of geological surveys within the area specified in the agreement in respect of the following matters, and, where limits in respect of those matters are specified in the agreement, within those limits:—

(a) The salaries and wages of such scientific staff and field assistants as are approved by the Minister;

(b) The transport of such field equipment as, in the opinion of the Minister, is necessary;

(c) Such travelling expenses of members of the scientific staff and of the field assistants as the Minister approves;

(d) The transportation, within the State or Territory in which a scout bore is being or to be sunk, to the site approved by the Minister, of any plant, machinery, or materials which, in the opinion of the Minister, are necessary;

(e) The procuring of supplies of fuel and water for scout drilling;

(f) Stores consumed during the surveys and whilst carrying out approved supplementary operations connected therewith;

(g) The salaries and wages of the manager and his staff employed in connexion with scout drilling and pit sinking; and

(h) The sinking of scout bores which, with the approval of the Minister, has been let to a contractor;

(2.) The advance shall not be payable in respect of any expenditure by the applicant in connexion with the maintenance of any administrative organization.

(3.) Instalments of the advance shall be payable from time to time according to the expenditure incurred by the applicant and only on the receipt by the Minister from the applicant of receipted vouchers in respect of that expenditure.

Geological surveys prior to commencement of Regulations.

12.—(1.) Where, prior to the commencement of those Regulations, any person or company has incurred expenditure on geological surveys in an area which is subsequently approved by the Minister, the Minister may, for the purpose of enabling the person or company to proceed with such surveys, make an advance, by such instalments as he thinks fit, of an, amount not greater, than one half of the amount of expenditure incurred prior to the commencement of these Regulations in respect of the matters specified in the last preceding regulation;

Provided that an advance shall not be payable under the last preceding regulation in respect of the advance made under this sub-regulation.

(2.) For the purposes of this regulation, Forms 1, and 2 may be altered in such manner as circumstances require.

Part III.—Advances for the Purpose of Testing Holdings.

Applications tor advances.

13. — (1.) An application for an advance shall be in accordance with Form 4 or Form 5, as the case requires, and shall be supported by statutory declaration.

(2.) Where an application is made by a company, the application shall be made in the name of the company and signed by the Secretary or other proper officer of the company, and the statutory declaration shall be made by the Secretary or other proper officer of the company.

(3.) An application by a company shall be accompanied by a copy of its latest balance-sheet, certified by the auditor of the company, together with a statement, certified correct by the auditor of the company, of the financial position of the company at the date of the application.

(4.) Where the applicant is an individual, he shall furnish to the Minister such information as regards his financial position as the Minister requires.

(5.) An application shall be accompanied by—

(a) a complete geological report on the area in which it is proposed to sink the test bore;

(b) a copy of a detailed geological map on a scale of not less than four inches to the mile;

(c) two or more geological sections across the area, drawn with horizontal and vertical scales equal; and

(d) a report, on all scout bores or pits sunk on the area for the purpose of determining the geological structure.

Powers of Minister with respect to applications.

14. The Minister may grant or refuse any application or require the applicant to furnish further information, on the receipt of which the Minister may grant or refuse the application.

Advance payable in accordance with agreement

15. — (1.) Upon the granting of an application, the advance shall not be payable to the applicant until he enters into an agreement with the Minister in respect of the payment of the advance to which the Application relates.

(2.) The agreement shall include provisions to the following effect:—

(a) That the total amount of the advance payable to the applicant shall not exceed the amount specified in the agreement;

(b) That the amount of the advance payable in respect of any particular item of expenditure shall not exceed the amount specified in the agreement is payable in respect of that item unless the Minister otherwise approves:

Provided that, where an advance in the nature of a lump sum has been approved by the Minister, this paragraph shall not be included in the agreement;

(c) That the books of the applicant shall be made available for examination, if and when required, by a person thereto authorized in writing by the Minister;

(d) That the applicant shall adopt such methods of boring as are approved by the Minister;

(e) That the applicant shall submit to the Minister once in every month a report, together with weekly well logs in accordance with Form 6 showing the progress made with the sinking of the test bore and the nature of the strata passed through and the report shall contain such other particulars and the applicant shall submit such samples of the rock taken from the bore as the Minister from time to time requires.

(f) That provision to the satisfaction of the Munster shall be made for the shutting off of water from the test bore where necessary and for the prevention of the uncontrolled escape or ignition of gas or oil;

(g) That, upon the receipt by the applicant of any profits from his holding, the advance shall be repayable with interest, the repayment and interest to be a first charge on all such profits until the advance and interest are repaid; and

(h) That the payment of the advance shall be discontinued if oil is struck in such quantities as will, in the opinion of the Minister, enable the applicant to make a profit from his holding or if the shares of the company attain a value equal to two and a half times their paid-up value for the time being, or if the applicant fails to comply, to the satisfaction of the Minister, with any provision of the agreement or the Act or these Regulations or the laws (if any) relating to boring for oil in force in the State or Territory in which the test bore is being sunk, or if the Minister is of the opinion that the applicant is not satisfactorily pursuing boring operations,

and such other provisions as the Minister considers necessary or desirable.

Terms of payment of advance.

16. — (1.) Subject to these Regulations, the advance shall be payable at a rate not exceeding One pound for every Two pounds expended by the applicant (whether before or after the coming into force of the agreement referred to in the last preceding regulation) in connexion with the sinking of a test bore in an approved area at an approved site in respect of the following matters and, where limits in respect of those matters are specified in the agreement, within those limits:—

(a) The erection, at the approved site, of such plant, machinery and buildings (excluding the cost of materials), as the Minister approves;

(b) Repairs, which the Minister is satisfied are necessary, to any such plant, machinery or buildings during the period in which operations in connexion with the sinking of the test bore are in progress, including depreciation, at a rate approved by the Minister, of any such plant, machinery or buildings;

(c) The supply of casing actually fixed in the test bore and of any reserve stock of casing approved by the Minister;

(d) The transportation, within the State or Territory in which the test bore is being or to be sunk, to the approved site, of any such plant or machinery, or materials for the erection of any such building, or any such casing;

(e) The procuring of supplies of fuel and water;

(f) Stores consumed on the holding;

(g) The salaries and wages of the manager and his staff ; and

(h) Such travelling expenses of the manager and his staff as the Minister approves.

(2.) The advance shall not be payable in respect of any expenditure by the applicant in connexion with the maintenance of any administrative organization.

(3.) Instalments of the advance shall be payable from time to time according to the expenditure incurred by the applicant and only on the receipt by the Minister from the applicant of receipted vouchers in respect of that expenditure.

(4.) If, in the opinion of the Minister, the type of drilling adopted does not justify the payment of an advance at the rate of One pound for every Two pounds expended by the applicant, the Minister may determine at what lower rate payment shall be made.

Boring operations prior to commencement of Regulations.

17.—(1.) Where prior to the commencement of these Regulations, any person or company has incurred expenditure on boring operations in an approved area, the Minister may, for the purpose of enabling the person or company to proceed with boring operations at an approved site within such area, make an advance, by such instalments as he thinks fit, or an amount not greater than the amount of expenditure incurred prior to the commencement of these Regulations in respect of the matters specified in the last preceding regulation:

Provided that an advance shall not be payable under the last preceding regulation in respect of the advance made under this sub-regulation.

(2.) For the purposes of this regulation, Forms 4 and 5 may be altered in such manner as circumstances require.

Test boring under contract.

18. Where a person or company has entered into a contract for the sinking of a test bore, such amendments as the circumstances require may be made to the prescribed forms.

THE SCHEDULE

Form 1. Regulations 6 and 12.

Commonwealth of Australia.

Petroleum Prospecting Act 1926-1928.

APPLICATION BY INDIVIDUAL FOR ADVANCE UNDER SECTION

4. (1.) (b)

Statutory Declaration.

(a) Insert full name of applicant.

I, (a)

(b) Insert address.

of (b)

(c) Delete “state” or “Territory” as required.

in the of

do solemnly and sincerely declare as follows:—

(d) Insert occupation.

1. I am engaged in the search for oil in (d)

in the of

(e) Specify area in which search is being carried out.

2. My holding is situated at in the said

and I propose to carry out geological investigations within the area indicated on the attached map.

I hereby apply for the payment to me of an advance of £ , under

section 4. (l.) (b) of the Petroleum Prospecting Act 1926-1928 for the purpose of geological survey.

And I do further solemnly and sincerely declare, as follows:—

3. The total estimated amount of expenditure in connexion with the geological survey of my holding is £              ;which is made up as follows—

4. I hold, from the of the exclusive right

to prospect for oil in the area to which the above application relates.

5. I have is my employ a geologist and a staff of assistants capable of efficiently carrying on the work of geological survey.

(f) In the case or applications under Regulation,12. this paragraph should be omitted.

6. (f) I have in my possession funds which together with the amount of the advance applied for above, are estimated as sufficient to enable me to complete the proposed geological survey.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911 conscientiously believing the statements contained therein to be true in every particular,

Declared at

on the day of  (g).

One thousand nine hundred and

(g) Signature of person making declaration.

Before me—

(h)

(h) Signature of person before whom declaration is made.

(i)

(i) Here insert title of person before whom declaration is made. That person must be a Police, Stipendiary, or Special Magistrate a Justice of the Peace; a Commissioner far Affidavits a Commissioner for Declarations or a Notary Public.

Note.—Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

Form 2. Regulations 6 and 12.

Commonwealth of Australia.

Petroleum Prospecting Act 1926-1927.

APPLICATION BY A COMPANY FOR ADVANCE UNDER SECTION  4, (l.) (b).

(a) Insert name of company.

The (a)          

(b) Insert address of head office of' company;

of (b)           

in the (c) of hereby Applies for the payment of £  under section 4. (1.) (b) of the Petroleum Prospecting Act 1926-1928 for the purpose of carrying out a geological survey on the holding of the said Company.

(c) Delete “State” or “Territory”, as required.

Dated this day of  19  .

(d)

(d) Signature of Secretary or other proper officer,

(e)

(e) Title of person signing.

Statutory Declaration.

I,(f)

(f) Insert full name of declarant.

of (g)

(g) Insert address.

in the (e) of do solemnly and sincerely declare as follows––

1. I am the (h)

(h) Insert “Secretary” or title of other proper officer making declaration

of the (i)

(i) Insert name of company;

of (j),

(j) Insert address of head office of  company.

hereinafter referred to as the “Company.”

2. The Company is engaged in the search for oil in. (l)

(h) Specify area in which search is being carried out.

in the of

3. The Company proposes to carry out a geological survey in the locality known as within the area indicated on the attached map.

4. The total estimated amount of expenditure in connexion with the carrying out of a geological survey on the holding of the Company is £              , which is made up as follows:—

5. The Company holds from the of

the exclusive right to prospect for oil in the area to which, the above application relates.

6. The Company has in its employ a geologist and a staff of assistants capable of efficiently carrying on the work of geological survey.

7. (i) The Company has is its possession funds which, together with the amount of the advance applied for above, are estimated as sufficient to enable the Company to complete the proposed geological survey.

(l) In the case, of applications under Regulation 12, this paragraph, should be omitted.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911 conscientiously believing the statements contained therein to be true in every particular.

Declared at

on the day of (m)

One thousand nine hundred and

(m) Signature of person making declaration.

Before me—

(n)

(n) Signature of person before whom  declaration is made.

(o)

(o) Here insert title of person before whom declaration is made. That person must be a Police Stipendiary, or Special Magistrate a Justice of the Peace; a Commissioner for Affidavits; a Commissioner for Declarations; or a Notary Public.

NOTE.—Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

Form 3. Regulation 10.

Commonwealth of Australia.

Petroleum Prospecting Act 1920-1928.

REPORT OF GEOLOGICAL SURVEY.

Name of Person of Company—

Location of Survey—

For the month of—

Preparatory work (clearing, track cutting, erection of land marks, topographic survey &c. )––

Geological Survey (area covered, methods employed). A map on a scale of not less than 2 miles to 1 inch, showing the details of work accomplished, must be attached to this report—

Supplementary operations (pit-sinking, scout-drilling (see Form 6). laboratory investigations &c.) —

Remarks on results obtained—

Disposal of staff during the month of—

List of specimens collected during the month of with notes as to the disposal thereof—

Proposals for work during the month of—

Signature of Chief Geologist.

Note.—If the space available on this Form is not sufficient for the above information, statements may be attached.

Form 4. Regulations 13 and 17.

Commonwealth of Australia.

Petroleum Prospecting Act 1926-1928.

STATUTORY DECLARATION.

In relation to Application by an Individual for an Advance under Section 4. (1.) (a).

I, (a)

(a) Insert full name of applicant.

of (b)

(b) Insert address.

in the (c) of (d)

(c) Delete “State” or “Territory”.

(d) Insert occupation.

do solemnly and sincerely declare as follows:—

1. I am engaged in the search for oil in (e)

(e) Specify area in which search is being carried out.

in the of

2. My holding is situated at in the said

and I propose to sink a bore in the locality known as

at the spot indicated on the attached map.

I hereby apply for the payment to me of an advance of £    under section 4. (1.) (a) of the Petroleum Prospecting Act 1926-1928 for the purpose of testing my holding:

And I do further solemnly and sincerely declare as follows:––

3. The total estimated amount of expenditure in connexion with the sinking of a bore on my holding is £              . which is made up as follows:—

4. I hold from the of the exclusive right

to prospect for oil in the area to which the above application relates.

5. I have in my employ a manager and a staff of drillers capable of efficiently carrying on the work of boring and of coping with the difficulties usually associated therewith.

6. (f) I have in my possession funds which, together with the amount of the advance applied for above, are estimated as sufficient to enable me to sink the bore to a minimum depth of              feet.

(f) In the case of applications, under Regulation 17 this paragraph should be omitted.

And I make, this solemn declaration by virtue of the Statutory Declarations Act 1911 conscientiously believing the statements contained, therein to be true in every particular.

Declared at on the

day of One thousand nine hundred (g)

and

(g) Signature of person making declaration.

Before me—

(h)

(h) Signature of person before whom declaration is made.

(i)

(i) Here insert title of person before whom declaration made. That person must be a Police, Stipendiary, or Special Magistrate; Justice of the Peace; & Commissioner for affidavits; a Commissioner for Declarations; or a Notary Public.

Note.—Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

Form 5. Regulations 13 and 17.

Commonwealth of Australia.

Petroleum Prospecting Act 1926-1928.

APPLICATION BY A COMPANY FOR AN ADVANCE UNDER SECTION 4, (I.) (a)

The (a)

(a) Insert name of company.

of (b)

(b) Insert address of head office of company.

in the (c) of

(c) Delete State or “Territory”.

hereby applies for the payment to the said Company of an advance of £   under section 4. (1.) (a) of the Petroleum Prospecting Act 1926-1928 for the purpose of testing the holding of the said Company.

Dated this  day of 19 .

(d)

(d) Signature of Secretary or other proper officer.

(e)

(e) Title of person signing.

STATUTORY DECLARATION.

I, (f)

(f) insert full name of declarant.

of (g)

(g) Insert address.

in the of do solemnly and sincerely declare as

follows:—

1. I am the (h)

(h) Insert “secretary” or title of other proper officer, making declaration.

of the (i)

(i) Insert name of company.

of (j)

(j) Insert address of head office of  company.

hereinafter referred to as the “ Company.”

2. The Company is engaged in the search for oil in (k)

in the of

(k) Specify area in which search is being carried out.

3. The Company proposes to sink a bore in the locality known as    at the spot indicated on the attached map.

4. The total estimated amount of expenditure in connexion with the sinking of a bore on the holding of the Company is £ ,               which is made up as follows:—

5. The Company holds from the of the exclusive right to prospect for oil in the area to which the above application relates.

6. The Company has in its employ a manager and a staff of drillers capable of efficiently carrying on the work of boring and of coping with the difficulties usually associated therewith.

7. (1) The Company has in its possession funds which, together with the amount of the advance applied for above, are estimated as sufficient to enable the Company to sink the bore to a minimum depth of                                           feet.

(l) In the case of applications under the Regulation 17 this paragraph should to omitted:

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911 conscientiously believing the statements contained therein to be true in every particular.

Declared at on the

day of One thousand nine hundred  (m)

and

(m) Signature of person making declaration.

Before me— (n)

(n) Signature of person before whom declaration is made.

(o)

(o) Here insert title of person before whom declaration is made. That person must be a Police, Stipendiary, or Special Magistrate a Justice of the Peace; a Commissioner for Affidavits; a Commissioner for Declarations; or a Notary Public.

Note—Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

Form 6. Regulations 10 and 15.

Commonwealth of Australia.

Petroleum Prospecting Act 1926-1928.

State whether Scout Bore or Test Bore.............

BORING LOG OF WELL.

Name of Person or Company..................................................

Location of Area..........................................................

Well No................ Situated at........................................

Week ended.............................................................

Strata Passed during Week.

.........................

Signature of Drilling Superintendent.

By Authority: H. J. Green, Government Printer, Canberra.