Petroleum (Onshore) Regulation

20072016 Summary of proposed change
cl 4 cl 4 Updates the mapping format requirement for petroleum title applications to reflect current electronic mapping practices and availability of published maps, while providing alternatives if an applicant cannot meet primary map format requirements.
11A cl 12 (2) Formalises the Department’s existing decision making process for renewal applications by requiring applicants to specify “known resources” for assessment leases in addition to potential resources, in line with current practice.
11A cl 12 (2) Corrects a drafting oversight by inserting a requirement for an application for renewal of a petroleum title to be accompanied by a “rehabilitation cost estimate”, to harmonise the information requirements for renewal applications for coal, minerals and petroleum.  This change formalises an existing procedural requirement and corrects regulation drafting oversight to harmonise prescribed requirements with other mineral resources.
cl 22D 39 Inserts a subclause to reflect that a title may exist for more than two terms and to clarify that the payment of annual rental fees applies for all terms of a petroleum title. This change simply clarifies the existing arrangements by applying the same requirements for second and subsequent terms and imposes no additional costs on industry.

Other minor changes to improve clarity but do not change requirements:

  • Definition of commercial production moved from clause 3 to the clause where the term is used (cl 50);
  • Existing clause 16H - Exemption from lodgement of reports split into two new clauses (clause 27 -Extension of time to lodge reports; and clause 28 - Exemption from obligation to prepare and lodge reports);
  • Explanatory subclause relating to rebates against royalty payable inserted (cl 46); and
  • Machinery deletions of references to repealed provisions

Mining Regulation

2010 2016Summary of proposed change
9 9 Update the mapping format requirement for mining title applications to reflect current practice and availability of published maps, while providing alternatives if an applicant cannot meet primary map format requirements.
 ThroughoutUpdate relevant provisions that apply to Group 9 (coal) to similarly apply to Group 9A minerals (oil shale) in accordance with recent amendments in the Mining Amendment (Licences for Operational Allocation Purposes) Regulation 2015, as part of the legislative reform package.
2223Formalises the Department’s existing decision making process for renewal applications by requiring applicants to specify “known resources” for assessment leases in addition to potential resources, in line with current practice.
2728Delete the unnecessary requirement introduced in recent legislative reforms for details on expenditure incurred in operations for the renewal justification statement when renewing a mining lease, as this data is not required.
1212Clarify and provide consistency for fossicking requirements to link the offence regarding disturbance of soil, rock or other material to the actions of a ‘person’, in line with the existing obligation on a person regarding fossicking activities.

Other minor changes to improve clarity but do not change requirements:

  • Existing clause 60 - Exemption from lodgement of reports split into two new clauses (clause 67 -Extension of time to lodge reports; and clause 68 - Exemption from obligation to prepare and lodge reports);
  • Reference only to the Maitland office updated as the only prescribed office under the Act for keeping records of authorities and other relevant information; and
  • Correcting outdated references by deleting:
    • References to the repealed Commonwealth Minerals Resource Rent Tax Act 2012 in clauses relating to royalties;
    • The transitional clause 65K and unnecessary provisions in Schedule 12 – Savings and Transitional as the specified time period has now expired; and
    • Unnecessary provisions for the Mine Safety Advisory Council as these have been moved to the Work Health and Safety (Mines and Petroleum Sites) Act 2013.