Petroleum Law in Australia

Full Title
Copyright
Preface
Table of Cases
Table of Statutes
Table of Abbreviations
Table of Contents
	Chapter 1 Introduction to Petroleum
		Scope of the Book
		What is Petroleum?
		Petroleum Value Chain
			Upstream sector
				Exploration
				Appraisal
				Development
				Production
				Abandonment
			Midstream sector
			Downstream sector
		Petroleum Geology
		Petroleum Reserves
		Governments, Oil Companies and Licensing
			Concession agreements
			Service contracts
			Licences
		Global Market for Petroleum
		Petroleum Investment Decision
		Ownership of Petroleum and the Rule of Capture
	Chapter 2 Development of Petroleum Resources and Policy in Australia
		Introduction
		History of Petroleum
			A short history of global petroleum development
				Early history and price volatility
				The importance of politics
				International oil companies
			History of petroleum in Australia
		Australia’s Petroleum Policy
			What is policy?
			Importance of petroleum policy in petroleum law
			Development of petroleum policy
		Conclusion
	Chapter 3 Overview of Petroleum in Australia
		Introduction
		Petroleum Resources in Australia
			Australia’s petroleum basins and fields
				Offshore
				Onshore
			Connecting Australia’s petroleum resources: Pipelines
		Overview of Regulation of Petroleum Activities in Australia
			International obligations
			National Soverelgnty
			National regulatory framework
				Regulation of offshore resources
				Onshore petroleum resources
				Interaction of Commonwealth and states/territories
		Ownership and Access to Petroleum Resources
			Ownership of petroleum
	Chapter 4 Offshore Petroleum Licensing
		Introduction
		The Australian Licensing System
			Licensing and the stages of upstream petroleum operations
			The need for a licence and registration
			The regulators
			Granting access — The exploration permit
			Blocks and the types of petroleum exploration permit
			Offer of area for licence: The acreage release
			Overlap with greenhouse gas operations; declared titles
		Bidding
			Work-program bidding
			Obtaining a work-bid petroleum exploration permit
			The process of grant
			Cash-bidding
			Special petroleum exploration permits
			Rights conferred by a petroleum exploration permit
			Term and renewal
			Conditions of petroleum exploration permits
			Work program commitments and good standing
		Operational Licences in Australia
		Licences During the Appraisal Stage
			Declaration of location
			Petroleum retention lease
			Rights conferred by a petroleum retention lease
			Applying for a petroleum retention lease as holder of apetroleum exploration permit
			Applying for a petroleum retention lease as holder of a life-of-field petroleum production licence
			Petroleum retention leases and commercial viability
			Term and renewal
			Conditions of petroleum retention leases
			Surrender, cancellation and termination
		Licences During the Production Stage
			Petroleum production licences
			Rights conferred by a petroleum production licence
			Applying for a petroleum production licence holder of petroleum exploration permit
			Applying for a petroleum production licence holder of a petroleum retention lease
			Applying for a cash-bid petroleum production licence over a surrendered or similar block
			Applying for petroleum production licences over individual blocks
			Field development plans
			Term and renewal
			Conditions of petroleum production licences
			Surrender, cancellation and termination
			Infrastructure licences
			Rights conferred by an infrastructure licence
			Applying for an infrastructure licence
			Term
			Conditions of infrastructure licences
			Surrender, cancellation and termination
			Pipeline licences
			Rights conferred by pipeline licences
			Applying for a pipeline licence
			Term
			Conditions of pipeline licences
			Surrender, cancellation and termination
		Revoking Access or Operation: Surrender, Cancellation and Termination of Titles, Authorities and Permits
	Chapter 5 Regulation of Offshore Petroleum Activities
		Introduction
		What is Regulation?
		Australia’s Offshore Petroleum Regulatory Regime
			Challenges of a federalist system in petroleum regulation
			Development of the offshore regulatory regime
				The JA/DA arrangement
				Principal legislation — Offshore Commonwealth waters
				Principal legislation — Offshore state and coastal waters
			The offshore regulatory regime today
				Legislative reform
				Establishment of a Commonwealth Regulatory System in 2012
				Summary and conclusion
	Chapter 6 Regulation of Offshore Petroleum Safety
		Introduction
		Development of Australian Offshore Petroleum Safety Regulation Framework
			The early years
			The first accident phase: Sea Gem and Ekofisk
			The second accident phase: Piper Alpha
			Response to Piper Alpha: Development of a national safety regulator
			The review years
			The third accident phase: Montara and Macondo
		Response to Montara and Macondo: Establishment of a New Regulatory Framework
		Offshore Petroleum Safety Regulation Today
		Regulation of Facilities and Wells
			Regulation of facility safety and integrity
			The future for safety regulation
			Regulation of well integrity
		Integration of Regulation of Safety Offshore — Regulatory Disjuncture
	Chapter 7 Regulation of Onshore Petroleum Activities
		Introduction
		Differences in Development — Conventional versus Unconventional Petroleum
		Regulatory Regime for Petroleum Activities Onshore
			New South Wales
			Northern Territory
			Queensland
			South Australia
			Victoria
			Western Australia
		The Role of the Commonwealth in the Regulation of Unconventional Petroleum Activities
			Scientific research, expertise and advice
			Harmonised framework
		Native Title and Petroleum Activities
			Introduction
			Indigenous rights and colonisation
			Pre-Mabo — The legal position
			Mabo — The recognition of native title
				Mabo v Queensland (No 1)
				Mabo v Queensland (No 2)
			Overview of Native Title Act (1993) (Cth)
			Content of native title rights and interests
			Proving native title
			Statutory process to claim native title
			Registration on the Register of Native Title Claims
			National Native Title Tribunal
			Overview of the concept of a ‘past act’ and ‘intermediate period act’ and their validation
				Past acts
				Past acts and petroleum activities
				Intermediate period acts
			Overview of recognition of extinguishment under the 1998 amendments to the Native Title Act
				Previous Exclusive Possession Act (PEPA)
				Previous Non-Exclusive Possession Act (PNEPA)
				Pre-existing Rights Based Act (PERBA)
			Future acts
				Future act determinations
				Freehold test
				Validity of future acts
			Native title and the right to negotiate
				Procedural nature
				Who negotiates?
				Petroleum tenements and the right to negotiate
				RTN procedure for petroleum tenements
			Expedited procedures
			Non-extinguishment principle
			Indigenous Land Use Agreements (ILUAs)
				Benefits of an ILUA
			Extinguishment of native title
	Chapter 8 Petroleum Activities and the Environment
		Introduction
		Onshore Environmental Regulation
		New South Wales
		Northern Territory
		Queensland
		South Australia
		Victoria
			Conventional petroleum activities
			Unconventional petroleum activities
		Western Australia
		Offshore Environmental Regulation
			State (internal) waters
			Coastal waters
				Overview of the regulatory regime
			Commonwealth waters
				Overview of the regulatory regime
				Environment approvals under the OPGGSA
		The Environmental Protection and Biodiversity Conservation Act (EPBCA) and its Role in Environmental Management
		Conclusion
	Chapter 9 Commercial Arrangements for Exploration and Production (Including Joint Ventures)
		Introduction
			Joint ventures
			Creating the joint venture and acquiring an interest
			Contractual matrix
		Overview of Joint Ventures
			Nature of a joint venture and joint operating agreement
			Characteristics of modern petroleum JOAs in Australia
			Terminology and model contracts
			Commercial and legal issues
			Policy issues
		Unincorporated Joint Venture
			Joint operating agreement; formalities
			Participants and participating interests
			Ownership of joint venture property
			Sharing of liabilities
			Rights to production
			Operatorship
			Operating committee
			Plans, budgets and cash calls
			Sole risk
			Default
			Security
			Assignment and pre-emptive rights
			Areas not discussed
		Incorporated Joint Ventures
			Rationale
			Structure
		Other Forms of Joint Venture
			Rationale
			Structure
		Legal Issues in Joint Venture Agreements
			Fiduciary obligations and good faith
			Operator liability and contracts with third parties
		Dealing with Joint Venture Interests
			Sale
			Farmout
			Giving security
		Contractual Matrix
	Chapter 10 New Horizons of Petroleum in Australia
		Introduction
		Onshore — The Rise of Unconventional Petroleum
		Offshore — New Areas for Drilling and Development
			Deep-water drilling activities
			New areas for development
		Production Infrastructure — LNG Hubs and Floating LNG
			LNG hubs
			Floating LNG
		Regulation
Index