Petroleum (Submerged Lands)
Legislation Amendment Act 1994

No. 93 of 1994

An Act to amend the Petroleum (Submerged Lands) Act 1967
and to repeal certain Acts consequential upon the
enactment of the Petroleum (Submerged Lands) Fees Act
1994, and for related purposes

[Assented to 29 June 1994]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Petroleum (Submerged Lands) Legislation Amendment Act 1994.

Commencement

2.(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

(2) Part 4 commences on 1 July 1994.

PART 2—AMENDMENTS OF THE PETROLEUM (SUBMERGED LANDS) ACT 1967

Principal Act

3. In this Part, “Principal Act” means the Petroleum (Submerged Lands) Act 19671.

Adjacent areas

4. Section 5A of the Principal Act is amended by omitting from subsection (2) “subsection (1) continues” and substituting “subsections (1) and (1A) continue”.

Delegation

5. Section 8H of the Principal Act is amended:

(a) by omitting from paragraph (2)(a) “name” and substituting “specify”;

(b) by omitting from paragraph (2)(b) “name” and substituting “specify”;

(c) by inserting after subsection (2) the following subsection:

“(2A) Without limiting subsection (2), the delegation may be made to any person from time to time holding, occupying or performing the duties of a specified office or position.”.

Access authorities

6. Section 112 of the Principal Act is amended:

(a) by omitting from subsection (4) “The” and substituting “Subject to subsection (4AA), the”;

(b) by inserting after subsection (4) the following subsection:

“(4AA) Subsection (4) does not apply if the holder of the permit, lease, licence or special prospecting authority has consented in writing to the grant of the access authority.”.

Insertion of new section

7. After section 140 of the Principal Act, the following section is inserted in Division 6 of Part III:

Liability for approvals given under this Act etc.

“140AA.(1) This section applies to the following bodies and people:

(a) the Joint Authority;

(b) a member of the Joint Authority;

(c) the Designated Authority;

(d) an inspector;

(e) a person acting under the direction or authority of the Joint Authority or Designated Authority.

“(2) A body or person to whom this section applies is not liable to an action, suit or proceeding for or in respect of an approval given in good faith under:

(a) this Act; or

(b) the regulations; or

(c) a direction under this Act.

“(3) This section does not apply to a person or body merely because the person or body is acting in accordance with a proposal or plan (however described) that has been approved by or on behalf of the Joint Authority or the Designated Authority.”.

PART 3—AMENDMENT OF THE OFFSHORE MINERALS ACT 1994

Principal Act

8. In this Part, “Principal Act” means the Offshore Minerals Act 19942.

PART 4—REPEAL OF ACTS

Repeals

9. The following Acts are repealed:

Petroleum (Submerged Lands) (Exploration Permit Fees) Act 1967

Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985

Petroleum (Submerged Lands) (Production Licence Fees) Act 1967

Petroleum (Submerged Lands) (Pipeline Licence Fees) Act 1967.

NOTES

1. No. 118, 1967, as amended. For previous amendments, see No. 1, 1968; Nos. 36 and 216, 1973; No. 57, 1974; No. 80, 1980; Nos. 79 and 176, 1981; No. 80, 1982; Nos. 22 and 166, 1984; Nos. 80 and 135, 1985; Nos. 106 and 145, 1987; No. 127, 1988; Nos. 15 and 37, 1990; No. 75, 1991; Nos. 17, 104 and 217, 1992; No. 110, 1993; and No. 20, 1994.

2. No. 28, 1994.

[Minister’s second reading speech made in—

House of Representatives on 11 May 1994

Senate on 12 May 1994]