Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"approved" means approved by the Designated Authority under section 41.
"associate" has the meaning given by subsection 26(1).
"associated agent of a holder" has the meaning given by subsection 26(3).
"associated agent of an associated contractor" has the meaning given by subsection 26(4).
"associated contractor" has the meaning given by subsection 26(2).
"associated document file" means an associated document file kept for the purposes of Part 3.1.
"associated employee of an associated contractor" has the meaning given by subsection 26(6).
"associated employee of a holder" has the meaning given by subsection 26(5).
"associated revenue Act" means:
(a) the Exploration Licence Fees Act; or
(b) the Mining Licence Fees Act; or
(c) the Retention Licence Fees Act; or
(d) the Works Licence Fees Act; or
(e) the Registration Fees Act; or
(f) the Royalty Act; or
(g) the Exploration Licence User Charge Act; or
(h) the Retention Licence User Charge Act.
"block" means a portion of an offshore area constituted according to section 17.
"caveat" on a licence means a caveat against:
(a) the registration of dealings in relation to the licence; or
(b) the registration of a person as a holder of the licence under section 340.
"coastal waters" of a State has the meaning given by section 16.
"Commonwealth Minister" means a Minister of State for the Commonwealth.
"Commonwealth-State offshore area" has the meaning given by section 13.
"compliance direction" means a direction under section 387 or 392.
"compliance inspection" has the meaning given by section 377.
"confidential information" has the meaning given by section 27.
"confidential sample" has the meaning given by section 28.
"consent area" means the block or blocks specified in a special purpose consent.
"Continental Shelf" means the continental shelf of Australia within the meaning of the Seas and Submerged Lands Act 1973 .
"dealing" in a licence means a transaction that creates, transfers, affects or otherwise deals with an interest in the licence and includes:
(a) a transfer of the licence; and
(b) a transfer of a share in a licence.
"Designated Authority" has the meaning given by section 29.
Note: If this Act confers a power or function on a Designated Authority generally, that power can be exercised, and that function can be performed, as provided by section 30.
"discrete area" has the meaning given by section 21.
"exploration" has the meaning given by section 23.
"Exploration Licence Fees Act" means the Offshore Minerals (Exploration Licence Fees) Act 1981 .
"Exploration Licence User Charge Act" means the Offshore Minerals (Exploration Licence User Charge) Act 1994 .
"external territory" means an external territory to which this Act extends under section 36.
"external territory offshore area" has the meaning given by section 14.
"Fees Act" means:
(a) when used in relation to an exploration licence--the Offshore Minerals (Exploration Licence Fees) Act 1981 ; and
(b) when used in relation to a retention licence--the Offshore Minerals (Retention Licence Fees) Act 1994 ; and
(c) when used in relation to a mining licence--the Offshore Minerals (Mining Licence Fees) Act 1981 ; and
(d) when used in relation to a works licence--the Offshore Minerals (Works Licence Fees) Act 1981 ;
and includes regulations made under those Acts.
"Gazette" means:
(a) in relation to a Commonwealth - State offshore area--the Government Gazette of the State; or
(b) in relation to an external territory offshore area--the Commonwealth of Australia Gazette .
"holder" of a licence has the meaning given by subsection 25(1).
"hydrocarbon" means a hydrocarbon whether in a gaseous, liquid or solid state.
"inspector" means an inspector appointed under section 421.
"interest" , in relation to a licence, includes:
(a) an equitable interest in the licence; and
(b) a security interest in the licence.
"Joint Authority" has the meaning given by section 32.
Note: If this Act confers a power or function on a Joint Authority generally, that power can be exercised, and that function can be performed, as provided by section 33.
"licence" means:
(a) an exploration licence; or
(b) a retention licence; or
(c) a mining licence; or
(d) a works licence.
"licence area" means the block or blocks covered by a licence.
"mineral" has the meaning given by section 22.
"Mining Licence Fees Act" means the Offshore Minerals (Mining Licence Fees) Act 1981 .
"native title" and native title rights and interests have the same meaning as in the Native Title Act 1993 .
"offshore area" means a Commonwealth - State offshore area or an external territory offshore area.
"offshore exploration or mining activity" means:
(a) the exploration for minerals in an offshore area; or
(b) the recovery of minerals from an offshore area; or
(c) activities carried out in an offshore area under a works licence.
"offshore mining register" means a register kept for the purposes of Part 3.1.
"petroleum" means:
(a) a hydrocarbon or a mixture of hydrocarbons; or
(b) a mixture of one or more hydrocarbons and one or more of the following:
(i) hydrogen sulphide;
(ii) nitrogen;
(iii) helium;
(iv) carbon dioxide.
"primary payment period" for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which the applicant is given a written notice:
(a) in the case of the grant of an exploration licence--under section 66 or 83; and
(b) in the case of the renewal of an exploration licence--under section 110; and
(c) in the case of the grant of a retention licence--under section 147; and
(d) in the case of the renewal of a retention licence--under section 169; and
(e) in the case of the grant of a mining licence--under section 210 or 227; and
(f) in the case of the renewal of a mining licence--under section 246; and
(g) in the case of the grant of a works licence--under section 279; and
(h) in the case of the renewal of a works licence--under section 296.
"provisional holder" means a person who has been provisionally granted a licence.
"recovery" has the meaning given by section 24.
"registered" means registered in an offshore mining register.
"Registration Fees Act" means the Offshore Minerals (Registration Fees) Act 1981 .
"reserved block" is a block that is declared to be reserved under section 18.
"responsible Commonwealth Minister" means the Commonwealth Minister who is responsible for the administration of this Act.
"responsible State Minister" , for a State means the State Minister who is authorised under a law of the State to perform the functions of a Designated Authority under this Act.
"Retention Licence Fees Act" means the Offshore Minerals (Retention Licence Fees) Act 1994 .
"Retention Licence User Charge Act" means the Offshore Minerals (Retention Licence User Charge) Act 1994 .
"Royalty Act" means the Offshore Minerals (Royalty) Act 1981 .
"sample" of the seabed or subsoil in an offshore area includes a core or cutting from the seabed or subsoil in that area.
"secondary payment period" for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which an extension of the primary payment period for the grant or renewal concerned ends.
"share" in a licence has the meaning given by subsections 6(1), (2) and (3).
"special purpose consent" means a consent granted under Part 2.6.
"standard block" has the meaning given by section 19.
"State" has a meaning that is affected by the operation of section 5.
"State Minister" means:
(a) a Minister of State for a State; or
(b) a Minister of State for the Northern Territory.
"successor licence" to a licence has the meaning given by section 8.
Note: See section 15.
"surrender day" for an exploration licence means:
(a) the day on which the initial term of the licence ends; or
(b) a day on which the term of a renewal of the licence ends.
"tender block" has the meaning given by section 20.
"the 1981 Act" means the Minerals (Submerged Lands) Act 1981 .
"transfer" :
(a) when used in relation to a licence--has the meaning given by subsection 7(1); and
(b) when used in relation to a share in a licence--has the meaning given by subsections 7(2) and (3).
"vary" a licence condition includes revoke or suspend.
"Works Licence Fees Act" means the Offshore Minerals (Works Licence Fees) Act 1981 .