- Petroleum (Onshore) Act 1991 No 84
- Status information
- Long title
- Part 1 Preliminary
- Part 2 Rights of the Crown as to petroleum, helium and carbon dioxide
- Part 3 Petroleum titles
- Note
- Division 1 Provisions relating to titles generally
- 8 Application for petroleum title
- 9 Areas over which petroleum titles may not be granted
- 10 (Repealed)
- 11 Making of applications for petroleum titles
- 12 Fee for processing applications
- 13 Applications to be supported by plans
- 14 Applications to be supported by proposed work program
- 15 Applications to be supported by evidence of financial capability
- 16 Grant or refusal of petroleum titles
- 16A, 17 (Repealed)
- 18 Title to nominee
- 19 Renewal of title
- 19A Withdrawal of application for grant or renewal of petroleum title
- 19B Land over which exploration licences may be renewed
- 20 Continuation of title pending renewal
- 20A (Repealed)
- 21 Amendment of application
- 22 Grounds of cancellation of petroleum titles
- 22A Cancellations of petroleum titles
- 22B Appeals against decisions concerning cancellations of petroleum titles
- 23, 24 (Repealed)
- 24A Fit and proper person consideration in making certain decisions about petroleum titles
- 25 Limitation on challenges to validity of titles
- 26 Title taken to be personal property
- 27 Discovery of petroleum to be notified
- 28 Directions by Secretary on discovery of petroleum
- 28A Right to explore for natural reservoirs
- 28B Right to beneficial use of gas yielded through prospecting
- Division 2 Exploration licences
- Division 3 Assessment leases
- 32A Land over which assessment lease granted
- 33 Rights of holders of assessment leases
- 34 Area of assessment lease
- 35 Term of petroleum assessment lease
- 36 Notice to be given of application for assessment lease
- 36A Activity approval required for assessable prospecting operations
- 37 Direction to holder of assessment lease to apply for production lease
- Division 4 Special prospecting authorities
- Division 5 Production leases
- Division 6 Low-impact prospecting titles—special provisions
- 45A Object of Division
- 45B Special low-impact class of prospecting title
- 45C Authority conferred by low-impact prospecting title
- 45D Provisions relating to applications for low-impact prospecting titles
- 45E Change of class of prospecting title—additional prospecting operations
- 45F Access arrangement required for prospecting operations under low-impact prospecting titles
- 45G Renewal of low-impact prospecting titles
- Part 4 Consent of other government authorities
- Division 1 Titles other than production leases
- Division 2 Objections by government agencies to granting of production leases
- 48 Application of this Division to Government bodies where development consent etc not required
- 49 Notice of application for production lease to be sent to Public Service agencies
- 50 Notice to be sent to Secretary of Department of Planning and Environment
- 51 Objection to grant of production lease
- 52 Resolution of objections
- 53 Grant of production lease after objection or proposal
- 54 Power to refuse grant of title not affected
- Division 3 Objections by local councils to granting of production leases
- 54A Division applies only where development consent etc not required
- 55 Definitions
- 56 Notice of application to be sent to councils in certain cases
- 57 Objection by council
- 58 Consideration of objection
- 59 Granting of petroleum title after objection or proposal
- 60 Consent still required for certain works
- 61 Power to refuse grant of title not affected
- Division 4 Development consents under the Environmental Planning and Assessment Act 1979
- Part 4A Access arrangements for prospecting titles
- 69A Application of Part
- 69B Arbitration Panel
- 69C Prospecting to be carried out in accordance with access arrangement
- 69D Matters for which access arrangement to provide
- 69DA Access code
- 69DB Application of mandatory provisions of access codes
- 69E Holder of prospecting title to seek access arrangement
- 69EA Notice to mortgagees of access arrangements
- 69F Appointment of arbitrator by agreement
- 69G Appointment of arbitrator in default of agreement
- 69H Arbitration process—mediation before arbitration hearing
- 69HA Mediation
- 69HB Arbitration hearing
- 69I Right of appearance
- 69J (Repealed)
- 69K Conduct of arbitration
- 69KA Approved arbitration procedures
- 69KB Site inspection by arbitrator
- 69KC Costs of landholder participation in mediation and arbitration
- 69L Interim determination by arbitrator
- 69M Further arbitration
- 69N Final determination by arbitrator
- 69NA Determination as to costs
- 69O Costs of mediation and arbitration hearing
- 69P Withdrawal from arbitration
- 69Q Liability
- 69R Review of determination
- 69S Effect of access arrangement
- 69SA Register of arbitrated access arrangements
- 69T Variation of access arrangements
- 69U Change in landholders etc
- 69V Court may determine access arrangement if already considering significant improvements etc
- 69W Removal of Arbitration Panel arbitrator
- Part 4B Access arrangements for production leases
- Part 5 Restrictions on titles
- Part 6 Protection of the environment
- Division 1 Environmental, rehabilitation and other directions
- 74 Interpretation
- 75 Directions
- 76 Prohibition notices
- 77 Direction to suspend operations
- 78 Revocation or variation
- 78A Breach of direction or notice
- 78B Effect of direction
- 78C Fee
- 78D Rehabilitation by Minister at holder’s expense
- 78E Recovery of costs of rehabilitation
- 78F Prior notice of direction under section 75 or 76 not required
- Division 2
- Division 3
- Division 4 Directions to remove petroleum plant
- Division 5 Audits
- 83A Relationship of this Division to other provisions
- 83B Nature of audit
- 83C Accreditation and regulation of auditors
- 83D Conditions for mandatory audits
- 83E Certification of audit report
- 83F Offences relating to audit information
- 83G Self-incriminatory information not exempt
- 83H Use of information
- 83I Nature of voluntary audit
- 83J Protected documents
- 83K Nature of protection
- 83L Lifting of protection
- Part 7 Royalties
- 84 Royalty periods
- 85 Royalty
- 86 Reduction of royalty in certain cases
- 87 Royalty not payable in certain cases
- 88 (Repealed)
- 89 Ascertainment of value
- 90 Ascertainment of quantity of petroleum recovered
- 91 Payment of royalty
- 91A Refunds and rebates of royalties
- 92 Penalty for late payment
- 93 Royalty returns
- 94 Assessment and recovery of royalties
- 94AA Disclosure of royalty information
- Part 7A Fees
- Part 8 Registration of titles and dealings
- Part 8A Records and reports
- 97A Keeping of geological plans, maps and records
- 97B Furnishing of statistics, returns and other information
- 97C Reports
- 97D Record-keeping
- 97E Retention of records relating to petroleum titles
- 97F Information or return provided, served or lodged by agents
- 97G Samples of strata, petroleum and water
- Part 9 Powers of entry and inspection
- Division 1 Preliminary
- Division 2 Powers to require information and records
- Division 3 Powers of entry and search
- 102 Powers to enter premises
- 103 Entry into residential premises only with permission or warrant
- 104 Powers of inspectors to do things at premises
- 104A Search warrants
- 104B Inspectors may request assistance
- 104C Assistance to be given to inspectors
- 104D Care to be taken
- 104E Compensation
- 104F Power of inspectors to require answers
- 104G Recording of evidence
- 104H Power of inspectors to demand name and address
- 104I Application of Division
- Division 4 Powers with respect to articles
- Division 5 Other entry powers
- Division 6 General
- Part 10 Easements and rights of way
- Part 10A Security deposit conditions
- 106A Definitions
- 106B Security required to be given
- 106C Security may be required before application for title is granted
- 106D Amount of security deposit
- 106E Secretary may assess amount of security deposit
- 106F Application for review of assessed deposit
- 106G Review of assessed deposit by Minister
- 106H Minimum deposit
- 106I Forfeiture of security
- Part 11 Compensation
- Part 12 Land and Environment Court proceedings
- 112B Jurisdiction of Land and Environment Court
- 112C Land and Environment Court may order deposit of petroleum, money or chattels or prohibit extraction of petroleum
- 112D Land and Environment Court may grant injunction
- 112E Granting of injunctions in cases of urgency
- 112F Orders protecting adjacent petroleum titles
- 112G Court may order payment of money or delivery of petroleum
- 113 (Repealed)
- Part 12A Administration
- Part 13 Release of information
- Part 13A Offences, enforcement and undertakings about contraventions
- Division 1 Offences
- 125B Obstruction
- 125C Obstruction of holder of petroleum title
- 125D Providing false or misleading information
- 125E Contravention of condition of petroleum title—offence by holder
- 125F Defences
- 125G Aiding and abetting commission of offence
- 125H Liability of directors etc for offences by corporation—offences attracting executive liability
- 125I Liability of directors etc for offences by corporation—accessory to the commission of the offences
- 125J Continuing offences
- Division 2 Proceedings for offences
- Division 3 Restraining orders
- 125O Application of Division
- 125P Nature of restraining order
- 125Q Application for restraining order
- 125R Making of restraining order
- 125S Undertakings
- 125T Ancillary orders
- 125U Charge on property subject to restraining orders
- 125V Registration of restraining orders
- 125W Recovery of costs of registering charge on land
- 125X Recovery of costs of lodging caveat
- 125Y Contravention of restraining orders
- 125Z Court may revoke restraining order
- 125ZA Time when restraining order ceases to be in force
- Division 4 Court orders in connection with offences
- 125ZB Operation of Division
- 125ZC Orders generally
- 125ZD Orders for costs, expenses and compensation at time offence proved
- 125ZE Recovery of costs, expenses and compensation after offence proved
- 125ZF Orders regarding costs and expenses of investigation
- 125ZG Orders regarding other monetary benefits
- 125ZH Additional orders
- Division 5 Court orders in connection with suspected contraventions
- Division 6 Enforceable undertakings
- 125ZJ Secretary may accept enforceable undertakings
- 125ZK Notice of decision and reasons for decision
- 125ZL When an enforceable undertaking is enforceable
- 125ZM Compliance with enforceable undertaking
- 125ZN Contravention of enforceable undertaking
- 125ZO Withdrawal or variation of enforceable undertaking
- 125ZP Proceeding for alleged contravention
- Division 7 Evidentiary provisions
- Division 8 General
- Part 14 Miscellaneous
- 126, 126A (Repealed)
- 126B Petroleum titles and low-impact prospecting titles not personal property under Personal Property Securities Act 2009 (Cth)
- 127–129 (Repealed)
- 129A Extraterritorial application
- 129B Waiver of minor procedural matters
- 130 Saving of powers to dispose of land
- 131–133 (Repealed)
- 134 Service of documents
- 134A Service of documents on native title holders
- 134B Consents of landholders
- 135–136A (Repealed)
- 136B Gas and other petroleum activities—enforcement by EPA
- 137, 137A (Repealed)
- 138 Regulations
- 138A (Repealed)
- 138B References to certain officers in petroleum titles
- 139 Repeals
- 140 Savings and transitional provisions
- 141 General immunity of landholders
- Schedule 1A Competitive selection process for petroleum prospecting titles
- Schedule 1B Further provisions relating to petroleum titles generally
- Schedule 1 Savings and transitional provisions
- Schedule 2 Expunged petroleum title applications
- Schedule 3 Cancellation of titles relating to national parks
- Historical notes
Petroleum (Onshore) Act 1991 No 84
Current
version
for 1 March 2023
to date
(accessed 7 December 2024 at 04:24)
Status information
Currency of version
Current
version
for 1 March 2023
to date
(accessed 7 December 2024 at 04:24)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See
Historical Notes
Does not include amendments by—
Mining and Petroleum Legislation Amendment Act 2022 No 21 (amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2022 No 59 and Statute Law (Miscellaneous Provisions) Act (No 2) 2024 No 82), Sch 2[1], except to the extent it inserts the definition of well-head, [2]–[6] [8]–[13] [15]–[24] [26]–[40] [42]–[90] and [91], except to the extent it inserts Sch 1, Part 15, heading and cll 67, 69 and 72 (not commenced)
Mining and Petroleum Legislation Amendment Act 2022 No 21 (amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2022 No 59 and Statute Law (Miscellaneous Provisions) Act (No 2) 2024 No 82), Sch 2[1], except to the extent it inserts the definition of well-head, [2]–[6] [8]–[13] [15]–[24] [26]–[40] [42]–[90] and [91], except to the extent it inserts Sch 1, Part 15, heading and cll 67, 69 and 72 (not commenced)
Responsible Minister
Minister for Natural Resources
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.