LEGAL CONTROLS OVER PETROLEUM EXPLORATION AND DEVELOPMENT OFFSHORE WESTERN AUSTRALIA

1979 ◽  
Vol 19 (1) ◽  
pp. 219
Author(s):  
A.G. Thompson

Increased petroleum exploration and development activities offshore Western Australia will continue to attract the focus of many companies, contractors and investors who will find that their exploration and development activities and operating practices are controlled by a mixed regime of State and Federal legislation. This mixed regime has its sources in international and constitutional law.Working within these controls is not assisted by the complexity of State and Commonwealth jurisdictional problems in respect to offshore areas. Certain governmental arrangements between the State and the Commonwealth, however, facilitate continued exploration activity offshore, whilst some of the legal issues remain to be resolved. Some guiding principles as to what laws apply offshore and to what extent, are indicated.The consultative arrangements between the State and the Commonwealth under the Offshore Petroleum Code allow for Commonwealth ownership and State control of offshore petroleum resources to co-exist. These are commented upon and the Petroleum (Submerged Lands) Acts are analysed with respect to the nature and security of petroleum titles; the setting, performance and variation of work and monetary obligations; the range of administrative discretion in relation thereto; the transferability of petroleum interests and the rate and calculation of royalties.Directions regulating offshore operations generally and covering exploration, reporting, platforms, pipelines, production and work practices are explained. Some of the environmental controls are also mentioned.

2003 ◽  
Vol 43 (1) ◽  
pp. 677
Author(s):  
A.G. Thompson ◽  
V.W.C. Lok

The design and efficiency of offshore petroleum acreage bidding systems bear directly on the risk and cost for participants investing in exploration and development projects offshore Australia.Companies, financiers and investors who are interested in investing in petroleum exploration and development activities will find a mixed regime of State and Federal legislation governs such activities in Australia.While the concept of the work program bidding system appears to be sound, the administration of it by the Joint Authorities and Designated Authorities and delegated officers potentially creates many uncertainties for permittees.The approval process is generally a costly and time consuming one under the work program bidding system and its administrative cost diverts funds that otherwise may have been directed to exploration activities.Work program permits are also susceptible to uncertainty and dispute as to whether or not the required work program has been met. Issues of proper or improper exercise of discretionary powers can arise, particularly when wide statutory discretionary powers are in practice circumscribed by Administrative Guidelines.The existence of statutory and administrative discretion requires, in the interests of natural justice, that there be appropriate avenues of appeal for aggrieved permittees. All of the foregoing regulation and cost is removed with cash bid permits. Cash bid permits not only reduce costs for Government but also for industry.The authors are of the view that offering permits by way of the cash bidding system should be reintroduced, with modifications to ensure its efficiency.


1998 ◽  
Vol 38 (2) ◽  
pp. 179
Author(s):  
Professor Douglas Williamson

Native Title Act 1993 (Cth)—acknowledged defects-proposed amending legislation—right to negotiate process—offshore and onshore exploration and development distinguished—obligations other than under NTA not to interfere unduly with offshore native title rights—onshore right to negotiate process—criteria—availability of expedited procedure to enable proposed activity to proceed—recent decisions limiting practical availability of expedited procedure—Cox and Western Australia and Stirling Resources NL and others (NNTT, 27 October 1997)—proposed amendments to right to negotiate process—importance of amendments to petroleum explorers and developers.


2015 ◽  
Vol 55 (1) ◽  
pp. 67
Author(s):  
Demus King

The oil and gas sector is a key contributor to the Australian economy, contributing $30.8 billion in commodity export earnings in 2013–14 (Department of Industry and Science, 2015). Underpinning future growth in the value of oil and gas to the Australian economy is the almost $200 billion of investment in seven LNG projects under construction. Australia relies on foreign capital to continue to explore for, and develop, its natural resources. New challenges and opportunities are arising for the sector. Increased international competition, advancing technology, and increasing risks and volatile costs associated with the development of fields are features of the current offshore operating environment. Australia’s legislative and policy settings must be sufficiently robust and flexible to support the continued development of Australia’s offshore resources into the future. To this end, the Australian Government is undertaking a high-level strategic review of the resource management framework for offshore petroleum resources in Commonwealth waters. The review will test the robustness of the policy, legal and regulatory regime to ensure the framework remains flexible enough to keep pace with the evolving environment and continues to attract investment. The annual Offshore Petroleum Exploration Acreage Release facilitates new investment in offshore petroleum exploration. The 2015 Acreage Release is accompanied by an updated exploration guideline. The guideline increases flexibility in permit management and clarifies competitive work program bidding expectations and good standing as well as providing more flexibility in the way good standing agreements may be discharged. This will enable industry to undertake exploration with increased autonomy and reduce the administrative burden. It accommodates changing technological capacity and encourages increased exploration in Australia’s offshore waters.


2017 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Muhammad Nadzir

Water plays a very important role in supporting human life and other living beings as goods that meet public needs. Water is one of the declared goods controlled by the state as mentioned in the constitution of the republic of Indonesia. The state control over water indicated that water management can bring justice and prosperity for all Indonesian people. However, in fact, water currently becomes a product commercialized by individuals and corporations. It raised a question on how the government responsibility to protect the people's right to clean water. This study found that in normative context, the government had been responsible in protecting the people’s right over the clean water. However, in practical context, it found that the government had not fully protected people's right over clean water. The government still interpreted the state control over water in the form of creating policies, establishing a set of regulations, conducting management, and also supervision.


Author(s):  
Flemming G. Christiansen ◽  
Anders Boesen ◽  
Jørgen A. Bojesen-Koefoed ◽  
James A. Chalmers ◽  
Finn Dalhoff ◽  
...  

NOTE: This article was published in a former series of GEUS Bulletin. Please use the original series name when citing this article, for example: Christiansen, F. G., Boesen, A., Bojesen-Koefoed, J. A., Chalmers, J. A., Dalhoff, F., Dam, G., Ferré Hjortkjær, B., Kristensen, L., Melchior Larsen, L., Marcussen, C., Mathiesen, A., Nøhr-Hansen, H., Pedersen, A. K., Pedersen, G. K., Pulvertaft, T. C. R., Skaarup, N., & Sønderholm, M. (1999). Petroleum geological activities in West Greenland in 1998. Geology of Greenland Survey Bulletin, 183, 46-56. https://doi.org/10.34194/ggub.v183.5204 _______________ In the last few years there has been renewed interest for petroleum exploration in West Greenland and licences have been granted to two groups of companies: the Fylla licence operated by Statoil was awarded late in 1996; the Sisimiut-West licence operated by Phillips Petroleum was awarded in the summer of 1998 (Fig. 1). The first offshore well for more than 20 years will be drilled in the year 2000 on one of the very spectacular structures within the Fylla area. To stimulate further petroleum exploration around Greenland – and in particular in West Greenland – a new licensing policy has been adopted. In July 1998, the administration of mineral and petroleum resources was transferred from the Danish Ministry of Environment and Energy to the Bureau of Minerals and Petroleum under the Government of Greenland in Nuuk. Shortly after this, the Greenlandic and Danish governments decided to develop a new exploration strategy. A working group consisting of members from the authorities (including the Geological Survey of Denmark and Greenland – GEUS) made recommendations on the best ways to stimulate exploration in the various regions on- and offshore Greenland. The strategy work included discussions with seismic companies because it was considered important that industry acquires additional seismic data in the seasons 1999 and 2000.


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