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Original Articles

Australia's Offshore Petroleum Work Programme Bidding Syste

Pages 127-142 | Published online: 08 Jun 2015

  • The Petroleum (Submerged Lands) Act 1967 (Cth) applies to offshore areas from the outer limit of the Territorial Sea to the seaward boundary of Australia's Continental Shelf and incline. Each of the Australian States enacted ‘mirror’ legislation applicable to the area adjacent to the State from low-water mark to the seaward boundary of the Territorial Sea. Until 1982. when it enacted its own legislation, the Commonwealth Act applied to the offshore area adjacent to the Northern Territory.
  • A ‘block’ is a deemed graticular section of the earth bounded by five minutes of longitude and five minutes of latitude.
  • s 23.
  • Terence Daintith. A Critical Evaluation of the Petroleum (Submerged Lands) Act as a Regulatory Regime’ [2000] AMPLA Yearbook 91 at 107–110.
  • The words ‘at any time’ were deleted from s 104(1) of the PSLA by the Primary Industries and Energy Legislation Amendment (No 2) Act 1995 (Cth).
  • See DAW Maloney. ‘Off-shore Mining and Petroleum—Practical Problems’ [1981] 3 Australian Mining and Petroleum Law Journal 234 at 248 and 249.
  • Commonwealth of Australia. “Applications for Exploration Areas under the Work Program Bidding System’. 86/2/RI. March 1988.
  • Petroleum (Submerged Lands) Legislation Amendment Act 1987 (Cth).
  • Press Release issued by Cultus Petroleum NL to ASX on 14 January 1997.
  • M Pisilli. ‘The Need to Announce New Discoveries: The BHP and Cultus Petroleum Examples’ [1997] AMPLA Yearbook 433.
  • BHP Petroleum Pty Ltd offered a minimum guaranteed work programme of 11 wells in its successful application of exploration permit for petroleum No WA-260-P.
  • Commonwealth of Australia. ‘Permit Conditions and Administration—Work Program Bidding System’, 01/3/R6, November 2001.
  • Commonwealth of Australia, ‘Work Program Permit Conditions and Guidelines for Handling Work Program Variations, Permit Cancellations and Permit Surrenders’. 86/4/R1. March 1988.
  • s 104(3) of the PSLA.
  • s 102(1) and (2) of the PSLA.
  • cf Shane B McCarthy. ‘Comments on a Critical Evaluation of the Petroleum (Submerged Lands) Act’ [2000] AMPLA Yearbook 125 at 129. The amendments to s 33(2) of the PSLA made by the Petroleum (Submerged Lands) Amendment Act 1980 (Cth) and the 1995 Act lend some support to Mr McCarthy's views.
  • Commonwealth of Australia, ‘Criteria for Assessment of Applications for the Award of Petroleum Exploration Permits under the Work Program Bidding System’, 86/3/R1 August 1988.
  • Where a farm-out is on ‘ground floor’ terms, there is no financial obligation on the farmee to do otherwise than contribute its participating interest share of future costs.
  • The relevant Administrative Guidelines are op cit. 12; Commonwealth of Australia, ‘Applications for Exploration Areas—Work Program Bidding System’, November 2001,01/1/R5.and Commonwealth of Australia, ‘Bid Assessment Criteria—Work Program Bidding System’, 01/2/R6 November 2001.
  • Daintith, op cit. n 4, at 109, but cfMcCarthy, op cit, n 16. at 130.
  • ‘Bidding Assessment Criteria—Work Program Bidding System”, op cit. n 19.

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