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PART X-PENALTIES

Dalam dokumen “Queensland Statute Reprints” (Halaman 79-94)

242. Offences. When any matter or thing is by these Regulations directed or forbidden to be done, and such act so directed to be done remains undone, or such act so forbidden to be done is done, in every such case every person offending against such direction or prohibition shall be guilty of a breach of these Regulations.

243. Penalties. Any person who commits an offence against these Regulations, for which a penalty is not otherwise provided for that offence, is liable:-

(a) If he is the titleholder, operator, Person-in-Charge, deputy Person-in-Charge or other person giving directions relating to the carrying on of any petroleum prospecting development or production operations on a Petroleum Title, to a penalty not exceeding four hundred dollars, and if the offence is a continuing one, a further penalty not exceeding one hundred dollars per day for each and every day during which the offence continues.

(b) If he is a person other than a person described in paragraph (a) of this Regulation, to a penalty not exceeding two hundred dollars and if the offence is a continuing one, a further penalty not exceeding fifty dollars per day for each and every day during which the offence continues.

244. Defence of impracticability. It is a defence to a charge of a contravention of, or non-compliance with, any of these Regulations or a special instruction for the time being applicable under these Regulations that observance of or compliance with such Regulation or special instruction as the case may be was not reasonably practicable in the circumstances.

THE SCHEDULE

[As amended by regulations published Gazette 23 November 1968, p. 1105; 25 January 1969, p. 281; 26 June 1976, p. 1171; 27 August 1983, pp. 2312-2314; 22 October 1983, pp. 751-754; 27 June 1987, pp. 2339-2341.]

[Form A]

"The Petroleum Acts, 1923 to 1962"

APPLICATION FOR PERMIT BY A PERSON (Section 14)

I (or we), , of , in the State of , hereby make

application for a permit in respect of the land described in the Schedule hereto:- (a) My full name, address, and occupation (or the full name, address and

occupation of each of us) is

(b) I am (or each of us is) a qualified person, as provided by "The Petroleum Acts, 1923 to 1962," as amended by "The Aliens Act of 1965."

(c) The following are full details of all rights, title and interest which I (we and each of us) has or holds direct or indirectly in any other permits or leases under "The Petroleum Acts, 1923 to 1962."

Dated this

SCHEDULE

day of , 19

Signature of Applicant.

[Form B]

"The Petroleum Acts, 1923 to 1962"

APPLICATION FOR PERMIT BY A COMPANY (Section 14)

hereby makes application for a permit in respect of the land described in the Schedule hereto.

(a) The full name of the applicant is (b) the applicant is*

situated at

, and has its registered office (c) The applicant is a qualified person, as provided by "The Petroleum Acts, 1923

to 1962," as amended by "The Aliens Act of 1965."

(d) The following are full details of all rights, titles and interest which the applicant has or holds whether directly or indirectly in any other permits or leases under "The Petroleum Acts, 1923 to 1962."

(e) The copy certificate of incorporation (or registration) annexed hereto is a copy of the certificate of incorporation (or registration) of the applicant.

* Fill in particulars of incorporation and registration of the applicant.

74 Sch. f. B THE PETROLEUM REGULATIONS (LAND), 1966 Sch.f.C

ScHEDULE

Dated this day of ' 19

(Common Seal of Applicant)

[Form C]

''The Petroleum Acts, 1923 to 1962"

PERMIT TO PROSPECT FOR PETROLEUM (Section 16)

Know all men by these Presents the Minister under and by virtue of an Act entitled

"The Petroleum Acts, 1923 to 1962" (which Act together with all Regulations made or to be made thereunder is to be read and construed as if forming part of this permit) has granted and does hereby grant a permit (here set out the full name and address) the exclusive right for two years from the date hereof to prospect for and obtain petroleum, but for no other purpose on the lands described in the Schedule hereto, but under and subject in all respects to all rights, powers, privileges, conditions, provisions, exceptions, restrictions, reservations and provisos contained or prescribed in or by the said Act and Regulations.

The said Minister may in manner prescribed by the said Act cancel this permit if satisfied it is just to do so.

SCHEDULE

[Form D]

"The Petroleum Acts, 1923 to 1962"

(Section 33) LEASE

Elizabeth the Second, by the Grace of God of the United Kingdom, Australia and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

To all to whom these presents shall come, greeting:

Whereas in Our State of Queensland, in pursuance of the provisions of "The Petroleum Acts, 1923 to 1962" (hereinafter referred to as "the said Acts"), is now entitled to a lease of the land described in the Schedule endorsed on these presents for the term of twenty-one years from the day of , 19 (with the preferent right to renew the same for further periods of twenty-one years as hereinafter provided) at the rent and upon the payment of royalty hereinafter mentioned and with, under and subject to the reservations and conditions hereinafter contained and the rights, powers, privileges, terms, conditions, provisions, exceptions, restrictions, reservations, and provisos in the said Acts or any Acts amending the same and in the Regulations made or to be made thereunder: Now know Ye that in consideration of the premises and of the payment previous to the issue hereof of the rent prescribed in accordance with the said Acts for the said land and of the rent and royalty hereby reserved, We, in pursuance of the said Acts do hereby for Us, Our Heirs and Successors, demise and lease unto the said (hereinafter with

successors in the title designated "the lessee") and

lawful assigns all that parcel of land described in the Schedule endorsed on these presents (hereinafter referred to as "the demised land") to hold the same unto the lessee and lawful assigns for and during the term of twenty-one years, to be computed

from the day of , 19 (with the preferent right to

renew the same for further periods of twenty-one years; subject however in the case of any and each renewal to the laws in force at the date of such renewal relating to the amount and payment of royalties on petroleum and the amount and payment of rent with respect to the demised land) with the exclusive right to prospect for, mine, extract, recover, remove, and dispose of all petroleum in or under the demised land, with the right to construct and maintain thereon all works, buildings, plant, waterways (including any pipelines for conveying water), roads pipeline, reservoirs, tanks, pumping stations, and other structures necessary to the full enjoyment thereof with, under and subject to the reservations hereinafter particularly mentioned and with, under and subject to the rights, powers, privileges, terms, conditions, provisions, exceptions, restrictions, reserva- tions, and provisos referred to, contained or prescribed by the said Acts or any Acts amending the said Acts or any Regulations made or which may hereafter be made under the said Acts: Yielding and paying unto Us, Our Heirs and Successors on or before the day of , in each and every year during the said term the yearly rent or sum of ($ ) and also yielding and paying unto Us, Our Heirs and Successors a royalty computed at the rate of

per centum on the value at the wellhead of the petroleum produced under this lease, as prescribed by the said Acts: Provided that all such payments of rent and royalty shall be made to the warden of the nearest mining district unless the Minister for Mines and Main Roads or other Minister of the Crown for the time being charged with the administration of the said Acts (hereinafter referred to as "the Minister") otherwise directs and provided always-

(i) that the lessee shall work the demised land in accordance with recognised good oilfield practice and in compliance with the said Acts, unless exemption or partial exemption is granted in such manner as may be prescribed;

(ii) that the lessee shall comply with the provisions of the said Acts;

(iii) that the lessee shall use the demised land continuously and bonafide exclusively for the purpose for which it is demised and in accordance with the said Acts, unless prevented from so doing by circumstances beyond his power and control;

(iv) that the lessee shall not assign, transfer, sublet, mortgage, or make the subject of any trust the lease or the land or any part thereof otherwise than in accordance with the said Acts;

76 Sch. f. D THE PETROLEUM REGULATIONS (LAND), 1966 Sch. f. D (v)

(vi)

(vii)

That the lessee, if directed by the Minister not to dispose of any petroleum or petroleum products for use or consumption outside Australia, will not so dispose of any petroleum or petroleum products;

that in the event of any breach of any covenant or condition of this lease by the lessee and the failure of the lessee completely to remedy the same within three months (or such further time as the Minister may in his discretion allow) after the Minister shall have given to the lessee notice in writing to make good the same then the Minister may forfeit this lease;

notwithstanding anything to the contrary herein contained any fixtures, equip- ment, plant, and production facilities of any kind whatsoever which may be installed or erected by the lessee on the demised land may within a period of six calendar months from the expiration of the term hereby granted or any extension or renewal thereof provided that the lessee shall have paid all rent and royalty payable hereunder and observed and performed all the convenants, agreements, and provisions herein contained and on its part to be observed and performed be taken down and removed from the demised land for the lessee's own benefit: Provided that any such fixtures, equipment, plant, and production facilities which shall not be so taken down and removed within such period of six calendar months shall thereupon become and be the property of the Crown and no compensation or other moneys whatsoever shall be payable by the Crown to the lessee:

Provided always and We do hereby reserve unto Us, Our Heirs and Successors the power to authorise mining on the demised land for any purpose other than the production or obtaining of petroleum or petroleum products, but not such as to interfere with, encroach upon or endanger operations for producing or obtaining petroleum: And We do hereby also reserve unto Us, Our Heirs and Successors all gold and minerals (the term

"Minerals" whenever referred to herein to have the same meaning as the meaning set against the term "mineral" in "The Mining on Private Land Acts, 1909 to 1956," save and except that mineral oil occurring in a free state and which may be obtained by drilling or wells and natural gas shall be deemed to be excluded from the said meaning) and all mines on and below the surface of the demised land: And We do hereby also reserve unto Us, Our Heirs and Successors and to such persons as shall from time to time be duly authorised by Us in that behalf during the term of this lease, the free right and privilege of access, including ingress, egress, and regress into, upon, over, and out of the demised land for the purpose of searching for or working gold and minerals or any of them or mines of gold and minerals or any of them in any part of the demised land but not such as to interfere with, encroach upon or endanger operations for producing or obtaining petroleum: And We do further reserve the right of any person duly authorised in that behalf by the Governor of Our Said State in Council at all times to go upon the demised land or any part thereof for any purpose whatsoever or to make any survey inspection or examination of the same.

In witness whereof We have caused this Our lease to be sealed with the Seal of Our said State.

Witness, &c.

SCHEDULE

[As amended by regulations published Gazette 23 November 1968, p. I 105; 25 January 1969, p. 281.]

[FormE]

"The Petroleum Acts, 1923 to 1962"

APPOINTMENT OF PERSON IN CHARGE (Regulation 8)

To The State Mining Engineer, Department of Mines,

2 Edward Street, Brisbane.

In accordance with the provisions of Regulation 8 of "The Petroleum Regulations (Land), 1966" issued under the above Acts, (name), of (address), whose signature appears below is appointed Person-in-Charge of (description of operations) under (name oj Petro- leum Title) until further notification.

, Signature of Operator.

Date:

ACKNOWLEDGEMENT:

I acknowledge the above appointment.

Signature of Person-in-Charge.

[Form F]

"The Petroleum Acts, 1923 to 1962"

NOTICE OF INTENDED ENTRY ON LAND (Regulation 17)

Date:

To the owners, holders and occupiers of the lands specified hereunder.

, the holder of , granted under the provisions of "The Petroleum Acts, 1923 to 1962," over the lands specified hereunder, gives notice that persons so authorised by the said holder may be entering on the said lands during the period (such period not exceeding 12 months) in accordance with the provisions of the Acts and the above Petroleum Title.

Any person so authorised will carry a signed authorisation of Right of Entry and will produce it upon demand by the owner, holder or occupier of the land.

Any enquiries or complaints regarding such entry should be made to by telephone to or by letter to

(Sgd.)

for the Petroleum Titleholder.

THE LANDS

(Insert Map or description)

[As amended by regulations published Gazette 27 June 1987, pp. 2339-2341.]

78 Sch. f. G THE PETROLEUM REGULATIONS (LAND), 1966 [Form G]

"The Petroleum Acts, 1923 to 1962"

RIGHT OF ENTRY ON LAND (Regulation 17)

Sch. f.G

, whose signature is is authorised by

the holder of granted under the provisions of "The Petroleum Acts, 1923 to 1962," to enter on the lands specified hereunder in accordance with the provisions of the Acts and the above petroleum title during the period

Any enquiries or complaints regarding such entry should be made to telephone to or by Jetter to

by (Sgd.)

for the Petroleum Titleholder.

THE LANDS

(Insert Map or description)

[Form H]

"The Petroleum Acts, 1923 to 1962"

APPLICATION TO DRILL A WATER WELL (Regulation 23)

lfWe, (Titleholder or operator), do hereby apply for permission to drill a water well under the provisions of "The Petroleum Acts, 1923 to 1962," at the location described below for the purpose of ("camp use", "drilling operations, etc.").

Full Name of Applicant:

Petroleum Title held:

Address of Applicant:

Name of proposed Water Well:

Details of proposed Water Well:

Location-

Lat.: S.; Long.: E.

County: Parish: Portion:

Depth: ft.

Wellhead and control fittings:

Pressure rating:

Lifting equipment (if applicable):

Cementing details (if applicable):

Casing details:

Drilling equipment to be used:

Type of well-Artesian/Sub-Artesian:

Approximate daily water offtake: gals.

Estimated period for which well is required:

Date:

Signature

Person-in-Charge.

Following to be completed if authorisation is required to supply surplus water to a land ownerfoccupier:-

Ownerjoccupier of land:

Address:

Daily offtake required: gals.

For the purpose of:

Signature (Owner/occupier):

Date:

OFFICE UsE ONLY

Application No.: . Date:

Recommendations of Commissioner of Irrigation and Water Supply:

Offtake: gals. per day.

Date:

RECOMMENDATIONS OF STATE MINING ENCiiNEER:

(Sgd.)

Commissioner of Irrigation and Water Supply.

Subject to the above terms and conditions I recommend approval and issue of a License.

80 Sch. f. H THE PETROLEUM REGULATIONS (LAND), 1966 Sch. f. J

Date:

Date:

APPROVED:

[Form J]

"The Petroleum Acts, 1923 to 1962"

WATER LICENSE (Regulation 23)

State Mining Engineer.

Minister for Mines.

Name of Licensee: License No.:

Address of Licensee:

Name of Water Well:

Location of Water Well: Latitude o ' " S.;

County: . Parish:

Purpose for which License granted:

Period for which License is issued:

License Expiry date:

Longitude o . Portion:

years.

I II E .

This License is issued subject to the following terms and conditions:

The above License is issued pursuant to the provisions of "The Petroleum Acts, 1923 to 1962."

Given under my Hand at Brisbane this day of ,19 Minister for Mines.

[Form K]

"The Petroleum Acts, 1923 to 1967"

APPLICATION TO PRODUCE WATER FROM A WELL DRILLED FOR PETROLEUM

(Section 51 and Regulation 23) I/We, (name of titleholder), do hereby apply for permission to

* convert abandoned petroleum exploration well

* connect to the casing annulus of petroleum well (name and number of well)

to obtain and produce water for the purpose of:

Full Name of Applicant:

Petroleum Title held:

Address of Applicant:

Location of Well: County Parish Portion Lat.: o ' " S.; Longitude 0 ' " E.

Details of Well: (Complete where applicable) Date spudded

Date T.D. reached Cement Plugs: From

I.

2.

3.

4.

5.

6.

Total depth

to top located at ft.

Casings in Hole: Depth OD ( ") Grade Weight lb./ft.

I.

2.

3.

Water sand from ft. to ft.

Water well casing, cementation and perforations proposed:

Well head and control fittings:

Pressure Rating:

Lifting Equipment:

Daily water offtake proposed gals. per day:

Estimated period for which well is required:

Date: Signed (Applicant or Authorised Agent).

*Delete as necessary.

[Substituted by regulations published Gazette 26 June 1976, p. 1171.]

82 Sch. f. L THE PETROLEUM REGULATIONS (LAND), 1966 Sch. f. L [Form L]

"The Petroleum Acts, 1923 to 1962"

APPLICATION TO USE WATER FROM AN EXISTING WATER WELL (Section SOA and Regulation 23)

I/We, (Titleholder or operator), do hereby apply for permission to use surplus water available from I.W.S.C. Registered Water Well No. situated on the property of

(land owner/occupier) of , County , Parish

Portion

Full name of Applicant:

Address of Applicant:

Petroleum Title held:

Purpose for which water is required:

Location of Water Well: 0 1 11 S.; Long. o 1 11 E.

Daily offtake of water required:

Estimated period for which water is required:

Signed:

(Applicant or authorised Agent).

Date:

IjWe, , of , holder of Water License , do hereby

consent, subject to authorisation by the Hon. the Minister for Mines, to supply up to gals. of water per day over the period stated above to for the purposes abovementioned.

Signed:

Date:

FoR OFFICE UsE ONL v

Application No.: . Date:

Price to be paid for water:

Recommendations of Commissioner of Irrigation and Water Supply:

Date:

RECOMMENDATIONS OF STATE MINING ENC<INEER:

Commissioner of Irrigation and Water Supply.

Subject to the above terms and conditions, I recommend authorisation of the above application.

State Mining Engineer.

Date:

AUTHORISED:

Minister for Mines.

Date:

[Form M]

"The Petroleum Acts, 1923 to 1962"

NOTICE OF INTENTION TO DRILL/DEEPEN* A WELL (Regulations 114 and 116)

To The State Mining Engineer, Department of Mines,

2 Edward Street, Brisbane.

GENERAL Well Name:

Lat. o I II S.; Long. o I II E.

Field Grid Reference:

Target Depth: ft.

Target Formation:

Drilling Contractor:

Water Supply from:

Estimated Spud/Commencement Date:

GEOLOGY

Sequence Anticipated: Formation

Coring and Sampling Programme:

(State briefly proposed coring and ditch sampling intervals)

MECHANICAL-Hole and Casing Programme:

Hole Diameter-inches Casing-Size inches

Weight lbsjft.

Grade .. . . . . Type Coupling Make .. . . . . Approx. Setting Depth ft. ..

Cemented with (No. of sacks) Expected Cement Fill-ft.

LOGGING PROGRAMME:

(State briefly types of logs and proposed logging interval)

Surface Casing

I .. ,

..

. .I .. I .. I

I

. ·I

.. I

Petroleum Title:

Titleholder:

Operator:

Elevation Ground: ft.

K.B.: ft.

Rig Type: Register No.:

Drilling Fluids:

Estimated Completion Date:

Top Ft. K.B.

I I

I

Second Third Completion String String String

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