Uncontrolled Copy When Printed

EHS MANAGEMENT SYSTEM STANDARD

EHSMS02 LEGAL AND OTHER OBLIGATIONS

Appendix C Requirements of the 2004 Northern Territory Petroleum Act
Note: Northern Territory Petroleum (Occupational Health and Safety) Regulations covered in EHSMS
Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

Reservation of blocks -Minister may declare a block

not be subject of a grant of an exploration permit or
licence;

10

Minister may revoke or vary a notice for reserved

blocks

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Action By

Nil

Page 1 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 2
Exploring and Mining
for Petroleum
Div 1

Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

DIV 1 Preliminary

DIV 1 Preliminary

Section
1-6

DIV 2 Exploration
permits for petroleum

Information only on objective of the act; application;

key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

11

Exploration permit or license may be granted in

relation to any land in the territory subject to this Act;

12

Exploration permit or license may be granted subject

to this Act and Land Rights Act;

13

No negotiations with a land Council without consent

from the Minister;

14

Applicant for license to hold exploration permit and

requirements in relation to Aboriginal land
Environmental consideration relating to certain parks
and reserves by Minister with conditions specified by
Minister administering the Territory Parks and Wildlife
Conservation Act;
Manager
Permitee or retention licensee shall not carry out
Exploration
technical works programme or any other exploration
which may cause substantial disturbance to surface of
land (whole of or part of a park or reserve) unless
advised Minister in writing

15

15A

Information only Definitions competing

applications; eligible applicant; ineligible applicant;
negotiated agreement; review; unsuccessful eligible
applicant

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Action By

Due Date

Nil

Environmental consideration
& approval for works for park
or reserve
Part 2
Exploring and Mining
for Petroleum
Div 2

Action

Manager
Exploration

Prior to carrying out

work must advise in
writing

Nil

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Graticulation of earths surface defined

Application for exploration permit details of permit to
be lodged with Minister;
Includes: Applicant details; Number of blocks; Map;
Proposed technical works programme; Evidence of
financial and technical capacity; Sharing
arrangements-if any; Designated operator details and
technical capacity; Prescribed fee
Size of exploration permit area 200 blocks

16

Part 2
Exploring and Mining
for Petroleum
Div 2
Part 2
Exploring and Mining
for Petroleum
Div 2

DIV 2 Exploration
permits for petroleum

17

DIV 2 Exploration
permits for petroleum

18

19

21

Determination of competing permits by Minister;

21A
Competing permits

Manager
Exploration

Manager
Exploration /
Adviser, State
Government &
Indigenous
Objections provided to applicant & 30 days to respond; Affairs
Determination of application by Minister if approved
notice provided with conditions & must provide written
acceptance to those conditions

Grant of exploration permit if one of competing

Manager
applicants is eligible applicant - notice provided with
Exploration
conditions & must provide written acceptance to those

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Due Date

Manager
Exploration

Notice of application to Minister and published in

newspaper at applicant cost; Relevant registered
native title claimants and Aboriginal/Torres Strait
Islander bodies served notice;

20

Action By

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

DIV 2 Exploration
permits for petroleum

DIV 2 Exploration
permits for petroleum

Information only on objective of the act; application;

key definitions; petroleum property of the Territory

Responsibility

Part 2
Exploring and Mining
for Petroleum
Div 2

Part 2
Exploring and Mining
for Petroleum
Div 2

Action

Respond
to
any
objections within 30
days after notice
Written acceptance
of conditions within
28 days after date of
notice
Written acceptance
of conditions within
28 days after date of

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Action By

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

conditions;

notice

Grant of exploration permit if 2 or more eligible

applicants- first to lodge application preference - notice
provided with conditions & must provide written
acceptance to those conditions;

Written acceptance
of conditions within
28 days after date of
notice

21B

Part 2
Exploring and Mining
for Petroleum
Div 2
Part 2
Exploring and Mining
for Petroleum
Div 2

DIV 2 Exploration
permits for petroleum
Term of exploration permit
DIV 2 Exploration
permits for petroleum

21C

No grant of exploration permit for area if permit

already granted;

21D

Refusals to grant exploration permits served notice

with reasons;

21E

Guidelines issued by Minister relating to determination

of applications
Term of exploration permit subject to sections 28, 30,
73 an 74 in force for 5 years;
Minister may not review exploration permit more than
twice
Renewal application of exploration permit- application,
fee and report on action taken to restore and
rehabilitate land part of exploration permit area and
adjacent areas

22

23

Renewal
24

Manager
Exploration
Manager
Exploration

Not earlier than 6

months before, but
not later than 3
months before expiry
of permit

Application for renewal of exploration permit in relation

to reduced area conditions specified for blocks

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 2
Exploring and Mining
for Petroleum
Div 2

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

DIV 2 Exploration
permits for petroleum

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

25

If granted renewal a notice is provided with conditions; Manager

Must lodge a security for compliance with the
Exploration
conditions
If conditions have not previously been complied with,
Minister to provide notice refusing renewal of permit
including details of reasons for refusal and option for
review;
Refusal to renew notice must be provided with 28 days
Notice with details and date which can submit/respond
to reasons of refusal;

Part 2
Exploring and Mining
for Petroleum
Div 2

DIV 2 Exploration
permits for petroleum

26

Part 2
Exploring and Mining
for Petroleum
Div 2

DIV 2 Exploration
permits for petroleum

27

Conditions of exploration
permit and Variation of
conditions

28

Permit is deemed to continue until Minister renews or

refuses permit or application lapses
Annual fee required either prescribed amount per
block per annum or annual amount whichever
greatest; payable in advance

Due Date

Nil

Grant or refusal of renewal

of exploration permit

Action By

Within 28 days after

notice lodge security
for compliance with
conditions
Provide information
in response to
refused renewal
date specified on
refusal notice

Manager
Exploration

Anniversary of
exploration permit

Annual fee
Permit granted or renewed may be subject to
conditions Minister states and specifies in permit
document;
May apply to Minister to vary, suspend or waive
condition

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Manager
Exploration

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Part 2
Exploring and Mining
for Petroleum
Div 2

DIV 2 Exploration
permits for petroleum

Part 2
Exploring and Mining
for Petroleum
Div 2

DIV 2 Exploration
permits for petroleum

Section
1-6

Information only on objective of the act; application;

key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

29

Exclusive right to explore for petroleum and such

works as necessary which are specified (access to
area, technical works, sampling and testing, use water
resources;
If complied with conditions and discovered commercial
petroleum and applied for production license (sect 45)
Minister subject to Div 4 and any other conditions
may grant production license
If Minister satisfied that there is commercially
exploitable petroleum, Minister may ask why have not
applied for production license and specify date to
show cause;

30

If failure to show cause, Minister may serve notice to

direct requirement to apply for production license and
specify date by which must apply for license;

Action By

Due Date

Nil

Rights of exploration permit

Notice to apply for

production license

Action

Manager
Exploration

Manager
Exploration

Show cause not

earlier than 6 months
after date of notice
Not earlier than 6
months after date of
notice

Minister may cancel exploration permit if fail to apply

for production license; Minister can vary date to allow
longer period to show cause;
Requirements to apply for production license may not
be required if application for retention license or during
first term of exploration permit or if no agreement
reached under Land rights Act

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 2
Exploring and Mining
for Petroleum
Div 3

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

DIV 3 Retention licenses

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Action By

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

31

Application for retention license if established

Manager
presence of petroleum, given notice under sect 64 and Exploration
satisfied Minister of commercial quality and quantity

32

Application requirements -Includes: Applicant details;

Number of blocks; Map; Evidence of presence and
commercial viability; Proposed technical works
programme; Evidence of financial and technical
capacity; Sharing arrangements; Fee; Statement of
why require retention
Size of retention area no more than 12 blocks

Entitlement and Application

Part 2
Exploring and Mining
for Petroleum
Div 3
Part 2
Exploring and Mining
for Petroleum
Div 3

DIV 3 Retention licenses

33

Size of retention license

area
DIV 3 Retention licenses

34

Part 2
Exploring and Mining
for Petroleum
Div 3

DIV 3 Retention licenses

Grant or refusal of renewal

of retention license

Exploration not affected

35

Grant of retention license subject to conditions by

Minister; Acceptance required of conditions;
Refusal of retention license will be provided by notice
with reasons and may request a review of
determination
Term and area of exploration permit not affected by
application of retention license or determination of
Minister not to grant a retention license

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Manager
Exploration
Manager
Exploration

Not being earlier

than 28 days after
date of notice upon
which application will
lapse

Manager
Exploration

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 2
Exploring and Mining
for Petroleum
Div 3
Part 2
Exploring and Mining
for Petroleum
Div 3
Part 2
Exploring and Mining
for Petroleum
Div 3

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

36

Term of retention license, subject to sections 43, 73

an 74 in force for 5 years;

Manager
Exploration

DIV 3 Retention licenses

37

Renewal application of retention license- application,

fee

Manager
Exploration

Application for renewal of

retention license
DIV 3 Retention licenses

38

Minister may request information on work conducted,

expenditure, results, statement of why production
license not applied for, technical works programme
and any other information before granting or refusing
license;

Manager
Exploration

DIV 3 Retention licenses

Action By

Term of retention license

Grant or refusal of renewal

of retention license

Not earlier than 6

months, but no later
than 3 months before
expiry of permit

Renewal granted if conditions complied with or

circumstances justify renewal and notice is provided
with conditions; Renewal term is 5 years; Must lodge a
security for compliance with the conditions;
If conditions have not previously been complied with or
circumstances do not justify renewal, notice provided
refusing renewal license including details of reasons
for refusal and option for review;
Refusal to renew notice must be provided with 28 days
Notice with details and date which can submit/respond
to reasons of refusal;

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Respond to refusal
by date specified

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Action By

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

Retention license is deemed to continue until Minister
renews or refuses license or application lapses

Part 2
Exploring and Mining
for Petroleum
Div 3
Part 2
Exploring and Mining
for Petroleum
Div 3

DIV 3 Retention licenses

Part 2
Exploring and Mining
for Petroleum
Div 3

Part 2
Exploring and Mining
for Petroleum
Div 3

39

Annual fee is prescribed amount per block and

payable in advance

Manager
Exploration

DIV 3 Retention licenses

40

Manager
Exploration

Conditions of retention
license

41

DIV 3 Retention licenses

42

Retention license granted or renewed may be subject

to conditions Minister states and specifies in license
document
May apply to Minister to vary, suspend or waive
conditions; Minister may appoint person to evaluate
Exclusive right to conduct work in license area for
geological, geophysical and geochemical programs
and other operations including appraisal drilling to
evaluate potential of petroleum;

Annual fee

Rights of retention license

DIV 3 Retention licenses

Notice to apply for
production license

43

Anniversary of
commencement of
license

Manager
Exploration

If complied with conditions and discovered commercial

petroleum and applied for production license (Div 4)
Minister subject to Div 4 and any other conditions may
grant production license
If Minister satisfied that commercial production of
Manager
petroleum should commence, Minister may ask why
Exploration
not apply for production license and specify date to
show cause;

Show cause not

earlier than 6 months
after date of notice
Not earlier than 3

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Page 9 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Action By

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

If failure to show cause, Minister may serve notice to
direct requirement to apply for production license and
specify date by which must apply for license;

months after date of

notice

Minister may cancel license if fail to apply for

production license; Minister can vary date to allow
longer period to show cause;

Part 2
Exploring and Mining
for Petroleum
Div 4
Part 2
Exploring and Mining
for Petroleum
Div 4

DIV 4 Production
licenses
Applicant
DIV 4 Production
licenses
Application for production
license

44

45

Requirements to apply for production license may not

be required if blocks commercially viable petroleum
occurs is in an area where no agreement has been
reached under Land rights Act
Definition of applicant permittee or retention license
may apply for production license to whole or part of
exploration permit or license area

Nil

Application for license to be lodged with Minister;

Includes: Applicant details; Number of blocks; Map;
Proposed technical works programme; Evidence of
financial and technical capacity; Proposals for
protection of the environment including rehabilitation of
license area or other affected areas; Sharing
arrangements-if any; Prescribed fee

Manager Gas
Exploitation;
Manager Oil
Exploitation

If part 2A applies, relevant registered native title

claimants and Aboriginal/Torres Strait Islander bodies
served notice;

Adviser, State
Government &
Indigenous

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Page 10 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Action By

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

Affairs
May apply for more than one production license

Part 2
Exploring and Mining
for Petroleum
Div 4
Part 2
Exploring and Mining
for Petroleum
Div 4

DIV 4 Production
licenses
Size of production license
DIV 4 Production
licenses

46

47

Grant of production license

Size of production license no more than 12 blocks;

Blocks must be discrete area- conforms to approved
shape; Minister may grant area less than 1 block or
blocks with more than 1 discrete area
Production license granted if Minister satisfied
requirements of Act met relating to application and
satisfied complied with conditions under exploration
permit or retention license and commercially viable
may be subject to conditions which will be provided in
notice;

Manager Gas
Exploitation;
Manager Oil
Exploitation
Manager Gas
Exploitation;
Manager Oil
Exploitation

Must acknowledge written acceptance of conditions, if

so, Minister must grant license subject to those
conditions;

Within 28 days after

date of notice

If conditions not accepted, license not granted and

application lapses
Part 2
Exploring and Mining
for Petroleum
Div 4

DIV 4 Production
licenses
Refusal to grant production

48

If Minister refuses to grant production license a notice

must be provided as soon as practicable after the
determination;
Notice must be not less than 2 days notice and include

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Manager Gas
Exploitation;
Manager Oil
Exploitation

If refusal can apply

for review by date
specified in notice

Page 11 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Part 2
Exploring and Mining
for Petroleum
Div 4
Part 2
Exploring and Mining
for Petroleum
Div 4
Part 2
Exploring and Mining
for Petroleum
Div 4

DIV 4 Production
licenses
Exploration permit or license
not affected
DIV 4 Production
licences
Term of production license
DIV 4 Production
licenses

Grant or refusal of renewal

of production license

Action By

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

reasons for refusal and date can apply for a review;

49

Term and area of exploration permit or retention

Manager Gas
license not affected by application of production
Exploitation;
license or determination of Minister not to grant license Manager Oil
Exploitation

50

Term of production license, subject to sections 73 and

74 in force for either 21 or 25 years;

51

Application may be made to renew production license

subject to Part2A;
Application must be made in approved form and
manner and with prescribed fee;
Minister may accept application earlier than prescribed
if commercial reasons justify application
Renewal granted by Minister if conditions complied
with or circumstances justify renewal and notice is
provided; Renewal is for term not exceeding 25 years
and is specified in notice with any conditions;
Where served with a notice of granting license must
reply with notice to Minister to renew production
license or amend conditions or amount of security to
be lodged;

Application for renewal of

production license
DIV 4 Production
licenses

Information only on objective of the act; application;

key definitions; petroleum property of the Territory

Responsibility

license

Part 2
Exploring and Mining
for Petroleum
Div 4

Action

52

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Manager Gas
Exploitation;
Manager Oil
Exploitation
Manager Gas
Exploitation;
Manager Oil
Exploitation
Manager Gas
Exploitation;
Manager Oil
Exploitation

Not earlier than 6

months before but no
later than 3 months
before expiry of
license
Reply to notice within
28 days after
received

Page 12 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Action By

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

If conditions have not previously been complied with or
circumstances do not justify renewal, notice provided
refusing renewal license including details of reasons
for refusal and option for review;
Intention to refuse renewal must be provided in a
notice with 28 days notice;
Notice with details and date which can submit/respond
to reasons of intention to refuse;

Part 2
Exploring and Mining
for Petroleum
Div 4
Part 2
Exploring and Mining
for Petroleum
Div 4

DIV 4 Production
licenses
Annual fee
DIV 4 Production
licenses
Conditions of production
license

53

54

Production license is deemed to continue until Minister

renews or refuses license or application lapses
Annual fee is prescribed amount per block or part of a Manager Gas
block and other than first year is payable in advance
Exploitation;
and calculated on number of blocks held
Manager Oil
Exploitation
Minister may grant license subject to conditions:
Manager Gas
includes:
Exploitation;
Using the license area continuously & exclusively for
Manager Oil
which it is granted; Not producing any petroleum
Exploitation
obtained until Minister authorises commencement of
production operations; Pay royalties on petroleum
produced; and maintain approved insurance policy for
well redrilling and well recompletion expenses and
damages arising out of damage to property or
environment (pollution, seepage or contamination)

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Anniversary of
commencement of
license or last
renewal

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 2
Exploring and Mining
for Petroleum
Div 4
Part 2
Exploring and Mining
for Petroleum
Div 4
Part 2
Exploring and Mining
for Petroleum
Div 4

Part 2
Exploring and Mining
for Petroleum
Div 5

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

DIV 4 Production
licenses
Variation of conditions of
production license
DIV 4 Production
licenses
Rights conferred by
production license
DIV 4 Production
licenses

Section
1-6

Information only on objective of the act; application;

key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

55

May apply to Minister to vary, suspend or waive

conditions; Minister may appoint person to evaluate

Manager Gas
Exploitation;
Manager Oil
Exploitation

56

Exclusive right to explore for petroleum and recover it

from the license area and carry out such operations
and works necessary for exploration and recovery of
petroleum

Manager Gas
Exploitation;
Manager Oil
Exploitation

57

May issue notice in gazette and newspaper declaring

production license area or part of that area to be a
restricted area;
If notice in gazette, 3 months to fence area;
If fail to fence within 3 months, declaration has no
force after 3 months;
Minister may repeal or vary declaration of restricted
area
Permittee, licensee or leasee of lease granted under
repealed Act, or holder of petroleum title granted
outside Territory may apply for grant of an access
authority by lodging application with Minister with
details of block and purposes of access;
Minister may grant or refuse access;
Approval of access subject to conditions imposed by
Minister & at any time can be varied;

Manager Gas
Exploitation;
Manager Oil
Exploitation

57A

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Action By

Due Date

Nil

Declaration of restricted
area

DIV 5 Access Authorities

Action

Fencing must be
done within 3 months
of issuing notice of
restricted area

Manager Gas
Exploitation;
Manager Oil
Exploitation

Page 14 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

Minister shall not grant access authority or vary for an
area subject to an exploration permit, license or lease
of which applicant not permittee, licensee or leasee
unless:
-Notice served to permittee, licensee or leasee giving
particulars of access authority and specify a date, no
earlier than 28 days after notice, to submit information
to Minister for consideration;

Action By

Manager Gas
Exploitation;
Manager Oil
Exploitation

Provide response to
Minister on access
request no earlier
than 28 days after
notice given

If granted access authority, subject to Act and any

conditions, can access authority for purposes specified
in access authority;
Access authority remains in force for period specified
by Minister but may be renewed, surrendered by
holder or cancelled by Minister by written notice;
Where access authority has been cancelled or
surrendered or expired, Minister may direct holder to
remove from the area and make good the
rehabilitation of the environment in the area Penalty
if do not comply;

Manager Gas
Exploitation;
Manager Oil
Exploitation

Where access authority is an area of exploration

permit area, license area, lease area or area where
holder of access authority not permittee, licensee,
leasee or holder of petroleum title must provide report

Manager Gas
Exploitation;
Manager Oil
Exploitation

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Provide a report no
later than 28 days
after end of month
on operations if not

Page 15 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

Part 2
Exploring and Mining
for Petroleum
Div 6
Part 2A
Exploring and Mining
for Petroleum

permittee, licensee,
leasee or holder of
petroleum title

DIV 6 Review of
Determinations

57AA

Definitions aggrieved person; competing

applications; determination; panel

Nil

DIV 6 Review of
Determinations

57AB

May request a review of any of the following refusal to

grant or renew exploration permit, retention license or
production license; Must outline reasons

Manager Gas
Exploitation;
Manager Oil
Exploitation

57AC
57AD
57AE

Details of appointment of panel to conduct review;

Review procedure;
Panel decision following review

Nil

Application for review of

determination
DIV 6 Review of
Determinations
Application for review of
determination
Prescribed Petroleum Acts
Above Highwater Mark or
for Infrastructure Facilities
Prescribed petroleum acts

57B

Due Date

Nil

of operations and facts ascertained carried out

monthly to permittee, licensee, leasee or holder
Penalty if do not comply;
Part 2
Exploring and Mining
for Petroleum
Div 6
Part 2
Exploring and Mining
for Petroleum
Div 6

Action By

Lodge review
request to Minister
no later than 14 days
after serviced notice
of determination

Following Acts are prescribed petroleum acts grant, Nil

renewal or variation of exploration permit (Div2,Part2),
retention license (Div3, Part 2), production license
(Div4, Part2), Access authority (Div5,Part2);
Section 26D(1) of Native Title Act does not apply
and 26A if notice by Minister in gazette

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

Application of sections of Native Title Act

Nil

Act valid if procedures complied with;

Prescribed petroleum acts covering both alternative
provision area and other area & compliance with
Native Title Act

Manager Gas
Exploitation;
Manager Oil
Exploitation

Part 2A
Exploring and Mining
for Petroleum

Prescribed Petroleum Acts

Above Highwater Mark or
for Infrastructure Facilities

57C

Part 2A
Exploring and Mining
for Petroleum

Prescribed Petroleum Acts

Above Highwater Mark or
for Infrastructure Facilities

57D
57DA

Part 2A
Exploring and Mining
for Petroleum

Prescribed Petroleum Acts

Above Highwater Mark or
for Infrastructure Facilities

57E

Form of application to contain list of registered native

title claimants, bodies corporate and representative
Aboriginal/Torres Strait Islander body or bodies (if any)
to affected land

Adviser, State
Government &
Indigenous
Affairs

Part 2A
Exploring and Mining
for Petroleum

Prescribed Petroleum Acts

Above Highwater Mark or
for Infrastructure Facilities

57F

Notification of native title holders, etc

Adviser, State
Government &
Indigenous
Affairs

Part 2A
Exploring and Mining
for Petroleum

Prescribed Petroleum Acts

Above Highwater Mark or
for Infrastructure Facilities

57G

Response to objections invite registered native title

holders, etc to consult
Agreement is anticipated and strongly encouraged
compensation

Adviser, State
Government &
Indigenous
Affairs

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Due Date

Nil

57GA

Action By

Within 14 days after

serve notice ,
provide minister
evidence of service
of notice
Within 14 days after
lodgement of native
title objection

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 2A
Exploring and Mining
for Petroleum

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Prescribed Petroleum Acts

Above Highwater Mark or
for Infrastructure Facilities

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

Consultation and mediation consult on minimising
impact; Consultation over a period of 3 months; Can
inquire about other partys attitude to mediation can
agree to mediator if not can apply to tribunal for
appointment of mediator;

57J

Application of tribunal;

57K

Minister may inquire half way through consultation

period of progress and if not satisfied may direct
parties to attend meetings scheduled by the minister;

57KA

Minister may refer to Tribunal;

57KB

Criteria for making recommendation;

57L

Compliance with recommendations of tribunal;

57M

Judicial review apply to Supreme Court for judicial

review of decision;

57N

Procedure if no objections lodged, objections

withdrawn, etc;

Due Date

Nil

57H

Action By

Adviser, State
Government &
Indigenous
Affairs

3 months
consultation
commencing at end
14 days after
objection lodged

57NA
Consultations may continue until such time Minister
decides;

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Part 2B
Exploring and Mining
for Petroleum

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Acts Below Highwater

Mark

DIV 1 Rights and Duties

of Permittee or Licensee
General conditions

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

Compensation

57R

Interpretation;

57S

Application;

57T

Notification of application for exploration permit to

native title holders, etc and provide evidence to
Minister that served notice; Notice to contain
prescribed information including within 2 months that
can lodge objection;

57U

Minister to have regard to objections and comments;

57V

Compensation

58

An exploration permit or license granted under this Act

that permittee or licensee shall:
Comply with provisions to payment of annual
fees and royalties
Conduct operations with good oilfield practice
and approved technical works programme
Carry out works and other activities to cause
little disturbance as practicable to environment
and comply with directions by Minister to

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Due Date

Nil

57P

Action By

Manager Gas
Exploitation;
Manager Oil
Exploitation

Within 14 days serve

notice on registered
native title holders,
etc; 14 days after
serving notice writing
to Minister with
evidence of notice

Manager Gas
Exploitation;
Manager Oil
Exploitation

Page 19 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

58A

Due Date

Nil

minimize disturbance, restore or rehabilitate

surface area of land
Not allow escape or release of any petroleum
except in interest safety or good oilfield
practice or provision of works without approval
of Minister but allow release for purpose of
sampling and testing
Conduct technical works and other activities to
not interfere with existing infrastructure eg
roads, railways, power lines/cables, water or
energy pipelines etc in area except with
approval of Minister
Comply with lawful directions by Minister to
protect the environment
Mot erect permanent structure or facility
unless approved
If area wholly or partly comprised of Aboriginal
land inform employees, agents/contractors of
relevant provisions of Land Rights Act & other
Acts and provisions of any agreement with
land Council
Conduct operations and activities to not
interfere with lawful rights or activities of any
other person

Action By

Adviser, State
Government &
Indigenous
Affairs

If native title rights and interest exist-the conditions are

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Page 20 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Action By

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

if they were terms of a contract among the parties

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 1

DIV 1 Rights and Duties

of Permittee or Licensee

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 1

DIV 1 Rights and Duties

of Permittee or Licensee

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 1
Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 1

DIV 1 Rights and Duties

of Permittee or Licensee

59

Annual Reports

60

Core samples to be lodged

Release of information
DIV 1 Rights and Duties
of Permittee or Licensee

61

62

Annual report provided including:

geological, geochemical and geophysical
survey reports,
drilling and other reports; and
data, maps, logs and records in support of
above
Penalty if do not comply
Advise Minister of core or cutting sample where
taken in permit or license area;
Core or cutting sample must be disposed of in an
approved manner;
Minister may direct lodging of sample with the Minister
Details of what information Minister can release

Minister may direct retention licensee provide a report

on a specified project or activity;
Minister may waive requirements of annual report

Project reports

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Manager
Production
North with
input from key
stakeholders

Annual -28 days

after 12 months of
permit or license

Manager Gas
Exploitation;
Manager Oil
Exploitation

As soon as
practicable inform
Minister the place
where core or cutting
sample taken

Nil

Manager
Production
North & Manager
undertaking
activity

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 1
Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 1

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

DIV 1 Rights and Duties

of Permittee or Licensee
Payment of first years
annual fee of exploration
permit or license
DIV 1 Rights and Duties
of Permittee or Licensee

Section
1-6

Information only on objective of the act; application;

key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

63

If granted license and accept conditions must pay

annual fee for first year

64

Where petroleum discovered notify Minister penalty if Manager Gas

do not comply;
Exploitation;
Minister may, by notice, request information
Manager Oil
Exploitation

65

Subject to sect82, have right to construct a road or

other work to ensure access to area by shortest
practicable route by road, railway line, sea or
waterway;

Access

Action By

Due Date

Nil

Discovery of petroleum to be
notified
DIV 1 Rights and Duties
of Permittee or Licensee

Action

Manager Gas
Exploitation;
Manager Oil
Exploitation
Notify Minister as
soon as possible
after discovery of
petroleum; Within 3
days after discovery
provide details in
writing

Manager Gas
Exploitation;
Manager Oil
Exploitation

For road or work for access may use machinery,

labour and equipment as necessary
Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 1

DIV 1 Rights and Duties

of Permittee or Licensee
Exploration permit held by 2
or more persons

66

Equal shares or as specified in permit document;

Retention license may be granted in different shares
and production license may be granted in different
shares

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Manager Gas
Exploitation;
Manager Oil
Exploitation

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 1

DIV 1 Rights and Duties

of Permittee or Licensee

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 1
Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 1

DIV 1 Rights and Duties

of Permittee or Licensee

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 2

DIV 2 Actions by Minister

Section
1-6

Information only on objective of the act; application;

key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

67

Not commence operations for drilling of a well or for

seismic survey unless notice issued and approval
obtained from Minister;
Notice provides details of geographic location of
proposed well or area of seismic and measures put in
place to protect the environment (including
reclamation and conservation planning)
Minister may, by notice, require fence

Manager
Exploration
Manager Drilling

Gazette notices for permits or licenses

Notification of conditions relating to native title
Directions by Minister
Compliance with directions

Minister

68

69

Unit development

70
70A
71
72

Action By

Due Date

Nil

Drilling and seismic surveys

Fencing
DIV 1 Rights and Duties
of Permittee or Licensee

Action

Not less than 28

days before date on
which operations are
to commence or
period Minister
approves

Manager
Petroleum
Engineering;
Manager Drilling
Subject to Native title if petroleum pool extends
Manager Gas
beyond license area, Minister may vary area of license Exploitation;
which pool extends or if adjacent to block with another Manager Oil
owner request to prepare scheme for registration for
Exploitation
working and development of pool as one unit;
Conditions apply.

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Page 23 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 3

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

DIV 3 Surrender,
Cancellation, &c.

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

73

May apply to Minister to surrender all or part of permit

area; application to include report of action taken, is
taking to restore and rehabilitate the land and
undertaking to complete restoration and rehabilitation
within time agreed to by Minister;

Surrender

Action By

Manager Gas
Exploitation;
Manager Oil
Exploitation

Acceptance of surrender (or partial) if complied with

conditions of permit or license, provisions of Act,
directions by Minister, report and
restoration/rehabilitation of land;
Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 3

DIV 3 Surrender,
Cancellation, &c.

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 3

DIV 3 Surrender,
Cancellation, &c.

74

Cancellation

Report on ceasing to hold

exploration permit or license
area

75

Pay annual fee for whole year no refund

Minister may cancel permit or license- not complied
with -conditions, Act, payment, or found guilty of an
offence against Act;
Cancellation provided by notice and reasons by
Minister;
If cancelled cannot apply for permit or license to that
area within 2 years after date of cancellation
Must lodge report following ceasing of permit or
license area;
Report to include:
geological, geochemical and geophysical
survey reports,
drilling and other reports; and
data, maps, logs and records in support of
above

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Manager Gas
Exploitation;
Manager Oil
Exploitation

Submit reasons why

should not cancel
permit or license no
earlier than 28 days
after date of notice

Manager Gas
Exploitation;
Manager Oil
Exploitation

Page 24 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 3

DIV 3 Surrender,
Cancellation, &c.

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 3

DIV 3 Surrender,
Cancellation, &c.

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 3
Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 4

Section
1-6

Sale of property
DIV 4 Securities and
Compensation

Information only on objective of the act; application;

key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

76

Where drilling or boring of well ceases or is completed Manager Drilling

must lodge report with Minister;
Report to include all details of results of drilling
including results of all logs and coring and description
of strata penetrated;
Report remains confidential for 2 yrs after lodged
Where license surrendered, expired or cancelled Manager Drilling
remove property or persons; plug or close off all wells
drilled or bored; and restore surface and take
measures to rehabilitate area to satisfaction of Minister

77

78

If fail to remove property, Minister may remove and

dispose of

Minister

79

May be required to lodge security amount to ensure

compliance with Act and conditions

Manager
Exploration;
Manager
Production
North

Security for compliance with

Act and conditions of
petroleum interest

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Action By

Due Date

Nil

Well completion report

Removal of property on
surrender, expiry or
cancellation
DIV 3 Surrender,
Cancellation, &c.

Action

Within 3 months after

cessation or
completion

Page 25 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 4

DIV 4 Securities and

Compensation

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 4

DIV 4 Securities and

Compensation

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 4

DIV 4 Securities and

Compensation

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 4

DIV 4 Securities and

Compensation

Section
1-6

Information only on objective of the act; application;

key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

80

May be required to lodge security amount for

compensation

81

Compensation to owners

82

Compensation for right of

access
83

Manager EH&S
& Operations
Support/
Adviser, State
Government &
Indigenous
Affairs
Holder of petroleum interest must pay compensation
Manager EH&S
to owner of land and any occupier of land;
& Operations
Support/
Must not commence exploration operations unless
Adviser, State
given notice to owner of land and occupier of land on Government &
proposed date of commencement, nature and duration Indigenous
of operations
Affairs
Compensation for right of access eg construct a road Manager EH&S
& Operations
Support/
Adviser, State
Government &
Indigenous
Affairs
Minister may impose conditions on compensation for
Adviser, State
native title
Government &
Indigenous
Affairs

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Action By

Due Date

Nil

Security for compensation

that may be payable to
native title holders

Conditions about
compensation for effect on
native title

Action

Notice before
commence
operations to owner
or occupier of land

Page 26 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 5

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

DIV 5 Royalties

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

84

Royalty rate of 10% upon gross value (agreed upon or Manager

by default Minister decides)at wellhead of all
Operations
petroleum produced; Guidelines for calculating royalty Planning
payable

85

Late or non-payment of royalties

86

Suspension of annual fee or royalty can apply to

minister
Inspectors appointment
Powers of Inspectors
No action against inspector or Assistants

Nil

DIV 6 Inspectors

87
88
89

DIV 1 Preliminary

89A

Definitions

Nil

Part 3A Occupational
Health and Safety
Div 1

DIV 1 Preliminary

89B

Provide safe workplace to workers; Ensure health and

safety of others; Also includes:
Providing an maintaining plant and systems of
work
Safe use, handling, storage and transporting
of plant and substances
Safe workplace
Provide information, instruction, training and
supervision to workers

Manager
Production
North / Plant
Manager /
Supervisor

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Due Date

Nil

Part 3 General
Provisions Relating to
Exploration Permits &
Licenses Div 6
Part 3A Occupational
Health and Safety
Div 1

Duties of employers

Action By

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

Action By

Ensure visitors aware of safety requirements

Regulations may subscribe:

Monitoring of health
Keeping information and records on health
and safety
Health and safety personnel
Monitoring of conditions
Written health and safety policy

Part 3A Occupational
Health and Safety
Div 1

Duties of occupiers

89C

Employer must monitor health or conditions or keep

information and records relating to health and safety
and make results available at request of worker &
provide on request; Also provide other information if
requested; also consult with workers

Duties of self-employed

89D

Duties of occupiers access and egress

DIV 1 Preliminary
Duties of manufacturers

89E

Duties of self-employed persons care of own and

others health and safety
Design, manufacture, import or supplies any plant or
substance:
Design and construct so user not exposed to
hazards
Test and examine to ensure above
Ensure adequate information of any danger,

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Manager
Production
North / Plant
Manager /
Supervisor

Page 28 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Action By

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

specifications, conditions

Part 3A Occupational
Health and Safety
Div 1

DIV 1 Preliminary

Part 3A Occupational
Health and Safety
Div 1

DIV 1 Preliminary

Part 3A Occupational
Health and Safety
Div 1

DIV 1 Preliminary

89F

If erect or install plant ensure user not exposed to

hazards;
Manufacture, imports, supplies substance for use at
workplace muse ensure toxicological data and other
data on safe use, handling, processing, storage,
transportation and disposal
Owner of building or structure must ensure health and
safety of any person not affected

Duties of owners
89G

Duties of workers

Immediate threat

89H

Manager
Production
North / Plant
Manager /
Supervisor
Employees

Worker must take appropriate care own safety and

others;
Follow all reasonable directions and use safety
equipment made available;
Worker must not wilfully or recklessly interfere with or
misuse anything provided in interests of safety; wilfully
place at risk health and safety of other person at
workplace
If immediate threat can cease work; If dispute between Manager
worker and employer can be referred to inspector
Production
North / Plant
Manager /
Supervisor

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 3A Occupational
Health and Safety
Div 1
Part 3A Occupational
Health and Safety
Div 2

Part 3A Occupational
Health and Safety
Div 3

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

89J

Compliance wit Regulations is compliance with this

Part

Compliance with regulations

Civil liability

89K

Civil liability not affected by this Part

DIV 2 Investigations

89L

Details of investigations by Inspector;

If Inspector takes possession of plant, substance or
thing, may appeal to Court

89M

Inspector may seek assistance

89N

Employer to assist inspector

89P

Offences in relation to Investigations Penalty

89Q

Minister may issue improvement notices

89S
89T

Notices may include directions

89U

Appeals against notices

89V

Minister may carry out work

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Due Date

Manager
Production
North / Plant
Manager /
Supervisor
Manager
Production
North / Plant
Manager /
Supervisor

Manager
Production
Minister may issue prohibition notices penalties apply North / Plant
Manager /
Issuing of notices
Supervisor

89R

Action By

Nil

DIV 1 Preliminary

DIV 3 Improvement and

prohibition Notices

Responsibility

7 days after date

notice to remedy
contravention

7 days after notice

received to appeal

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 3A Occupational
Health and Safety
Div 4

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

DIV 4 Health and safety

committees

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

89X
89Y
89Z

If more than 20 workers and request made by majority Manager

to establish a health and safety committee;
Production
North / Plant
Composition of health & safety committees
Manager /
Supervisor
Functions of health and safety committees

If request made
establish committee
not later than 3
weeks after request

Inspection of workplace by person nominated by

committee agreed with employer& 30 days apart

89ZA

Meetings determine own procedures; meet at least 3

monthly

89ZB

Duties of employers in relation to health and safety

committees:
Make available information on hazards, plant,
substances used and systems of work, health
and safety of workers
Consult with committee proposed changes
Notify committee if accident or dangerous
occurrence
Provide committee with reasonable facilities
and assistance
Permit members to carry out function

89ZC

Due Date

Nil

89W

Action By

Exemption from application of whole or part of division

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

DIV 5 General

89ZD
89ZE

Part 3A Occupational
Health and Safety
Div 5

DIV 5 General

89ZF

Part 4 Registration of
Instruments

Registrar and register of

instruments

Notification of accidents
90
91
91A
92

Due Date

Nil

Part 3A Occupational
Health and Safety
Div 5

Action By

Discrimination against workers

Orders in proceedings for offences against
discrimination

Manager
Production
North / Plant
Manager /
Supervisor
If accident occurs, whether or not death of, or bodily
Manager
injury to any person or occurrence in workplace which Production
affects health or safety of any person in the workplace North / Plant
which is prescribed accident or occurrence must give Manager /
notice penalty applies
Supervisor
Minister appoint Registrar and shall maintain Register Nil
of permits and licenses granted under the Act;
Particulars to be entered in Register;
Application of Law of Property Act 2000 this Act
prevails
Registrar to enter in register a memorial of the
cessation, cancellation or expiry of exploration permits

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 4 Registration of
Instruments

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Approval of transfers

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Action By

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

93

May transfer interest by applying in writing to Minister

and seeking approval;
Application includes instrument of transfer, consent
in writing or if no consent notice of intention served;

Information Manager Gas

Exploitation;
Manager Oil
Exploitation

Application to
transfer within 3
months after date
executed instrument
of transfer

If no consent apply to Minister for approval & person

provided 30 days to object;
Applicant receives copy of any objections and has 30
days to provide information to Minister;

If objection, have 30
days to respond

Minister may require security to be lodged

93A

Registration of transfers

94

Entries in register on devolution of title

95

Interests not to be created, &c., except by instruments

in writing;

96

Approval of instruments creating, &c., interests may

apply to Minister for approval

97

Minister not concerned with certain matters

98

Power of Minister to require information as to

proposed dealings penalty if do not furnish

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Action By

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

information;

Part 5 Offences and

Forfeiture, &C.
Div 1

DIV 1 General

99

Minister may require production and inspection of

documents- penalty if fail or refuse to comply;

100

Inspection of Register and documents

101

Rectification of register

102

Evidentiary provisions

103

Appeals in relation to register

104
105
106

Registrar not liable to certain actions

Licenses required to explore and recover petroleum;
Offences generally not contravene or fail to comply
with Act, or direction or notice under the Act;
Continuing offences- Guilty if failure to comply
continues;

107
108

Offence by body corporate can be officer (eg

Director, Exec officer), who in any way by act or
omission, directly or indirectly, knowingly party to
offence

109

False statements

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Information

Page 34 of 38

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Part 5 Offences and

Forfeiture, &C.
Div 2

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

DIV 2 Environmental
offences

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

Offences in relation to Register

111

Certain operations prohibited except with approval:

Operations within 50 metres of land used as
residence, yard, garden, orchard or cultivated
field
Within 200 metres of land used as a cemetery
Within 200 metres of any artificial
accumulation of water or outlet from which
water obtained

112

Time for commencing proceedings offence from this

Act brought at any time;

113

Forfeiture anything seized on finding of guilt is

forfeited to Crown;

114

Delivery to Minister anything seized, where

practicable delivered to Minister;

115-117 Notice to claim; Failure to claim; Determination of

claim
117AAA Application does not apply in relation to substance
prescribed under Waste Management and Pollution
Control Act to be ozone depleting substance

Due Date

Nil

110

Action By

Information

117AAB Interpretation definitions contaminant,

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Action By

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

environment, environmental harm, environmental
nuisance, land, material environmental harm, serious
environmental harm, waste material

Part 5 Offences and

Forfeiture, &C.
Div 2

DIV 2 Environmental
offences

Part 5 Offences and

Forfeiture, &C.
Div 2

DIV 2 Environmental
offences

117AAC Must not intentionally do an act or fail to do an act or

Information
conduct an operation that causes release of
contaminant or waste material on, above or under land
if:
Knowingly or ought to know that serious or
material environmental harm will or might
result with release of contaminant or waste
material; and
Contaminant or waste material causes serious
environmental harm to land al of which is
within 1 km of site where contaminant
released
4 different levels
117AAD Defences to environmental offences- if proved action
Information
was authorised under an Act; did not result from failure
to exercise reasonable diligence, complied with waste
management and pollution control act or condition
approved under the Act;
117AAE Alternative verdicts available

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1
Part 5 Offences and
Forfeiture, &C.
Div 3

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

DIV 3 Liabilities of
employers and employees
etc under Division 2

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

117AAF Actions etc. of employee or agent of body corporate

are those of the body corporate;

Action By

Information

117AAG Director may be liable for offence of body corporate;

Part 5A Petroleum
trust Fund
Part 5B Datums

Part 6 Miscellaneous

Establishment of Trust Fund

117AAH Liability for managers, employees and agents

117AA Minister to establish and maintain Petroleum trust
Fund;
117AB Payments into Trust Fund
117AC How trust amounts to be dealt with
117AD Object of part maintain and use Aust. Geodetic
Datum to determine position of blocks and certain
other areas; Enable position of a point, line, block or
area
117AE Definitions;
117AF Australian Geodetic Datum;
117AG Current datum and previous datum;
117AH Use of current datum;
117AI Use of previous datum;
117AJ Variation of petroleum interests;
117AK Variation of applications for petroleum interests;
117AL No change to actual position of point, line or area;
117AM Transitional regulations
117A
Compensation: time limit on claims 3 years
117B
Serving documents
117C
Complaints procedure
118
Regulations areas that may make regulations

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Information

Manager
Geosciences
Support

Information

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Act Reference
Part 1
Preliminary
Part 2
Exploring and Mining
for Petroleum
Div 1

Action Type
Objective of the Act
application of the Act;
Interpretation; Petroleum
property of Crown
DIV 1 Preliminary

Section
1-6

Action
Information only on objective of the act; application;
key definitions; petroleum property of the Territory

Responsibility

Due Date

Nil

Information only:
Nil
Delegation of Minister powers and functions under the
Act deemed to be exercised or performed by Minister;

Graticulation of earths surface defined

119

Action By

Application, savings and transitional

EHSMS02 Appendix C Requirements of the 2004 Northern Territory Petroleum Act Revision 2

Page 38 of 38