NATIVE TITLE AND ABORIGINAL HERITAGE ISSUES AFFECTING OIL AND GAS EXPLORATION AND PRODUCTION

2001 ◽  
Vol 41 (2) ◽  
pp. 115
Author(s):  
M.W. Hunt
Keyword(s):  
Oil And Gas ◽  
Federal Court ◽  
Petroleum Exploration ◽  
Common Source ◽  
Native Title ◽  
Oil And Gas Exploration ◽  
Area Of Interest ◽  
Exploration And Production ◽  
The Government ◽  
The Right

This paper is principally concerned with native title issues as they affect oil and gas exploration and production. However, it also reviews Aboriginal heritage laws and practices because they have the potential to be just as disruptive to an expeditious exploration program or to the construction of a production facility as do native title claims.The paper focusses on onshore petroleum exploration and production because the right to negotiate under the Native Title Act (NTA) does not apply offshore. However, the paper does consider offshore because the NTA can still affect offshore petroleum explorers and producers; either because their area of interest could include an island within a State or Territory jurisdiction or because the facilities to treat the offshore oil and gas could be located onshore.The paper examines the key provisions of the NTA which are relevant to petroleum explorers and producers, principally the subject of tenure to ground. It considers the validity of already granted titles. It then examines the process of application for new titles.Although the NTA is the common source of problems throughout Australia, it is necessary for the paper to consider the situation in each State and Territory, since the titles are different and the government processes of dealing with native title issues differs in each jurisdiction.Although the focus of the paper is on how to cope with the right to negotiate, the paper considers some of the categories of future acts in respect of which the right to negotiate does not apply (specifically, procedures for infrastructure titles, renewals and extensions of titles, the expedited procedure, indigenous land use agreements, reserve land and approved exploration etc acts).The paper mentions the Federal Court decisions in the Miriuwung Gajerrong and Croker Island native title claims and ponders the options for the High Court in deciding the recent appeals.The paper’s conclusion is that a negotiated agreement is the only way to cope with native title issues. The contents of such an agreement are considered.

NATIVE TITLE ISSUES AFFECTING PETROLEUM EXPLORATION AND PRODUCTION

1999 ◽  
Vol 39 (2) ◽  
pp. 107
Author(s):  
M.W. Hunt
Keyword(s):  
Oil And Gas ◽  
Federal Court ◽  
Petroleum Exploration ◽  
Native Title ◽  
Area Of Interest ◽  
Exploration And Production ◽  
Petroleum Companies ◽  
Offshore Oil And Gas ◽  
The Right ◽  
Offshore Oil

This paper focusses on onshore exploration and production because the right to negotiate does not apply offshore. However, the Native Title Act can be relevant to offshore oil and gas explorers and producers. First, where their area of interest includes an island within the jurisdiction of Western Australia. Secondly, in respect of land required for the facilities to treat petroleum piped ashore.Under the original Native Title Act the right to negotiate proved unworkable, the expedited procedure failed to facilitate the grant of exploration titles and titles granted after 1 January 1994 were probably invalid.The paper examines the innovations introduced by the amended Native Title Act to consider whether it will be more 'workable' for petroleum explorers and producers. It examines some of categories of future acts in respect of which the right to negotiate does not apply (specifically indigenous land use agreements, renewals and extensions of titles, procedures for infrastructure titles, reserve land, water resources, low impact future acts, approved exploration etc acts and the expedited procedure).Other innovations include the new registration test for native title claims, the validation of pre-Wik titles, the amended right to negotiate procedure, the State implementation of the right of negotiate procedure and the objection and adjudication procedure for grants on pastoral land.The response of each state and territory parliament to the amended Act is considered, as is the Federal Court decision in the Miriuwung Gajerrong land claim (particularly the finding that native title includes resources, questioning whether these resources extend to petroleum).The paper observes that the full impact of the new Act cannot be determined until the states and territories have passed complementary legislation and it is all in operation. However, the paper's preliminary conclusion is that it does not provide a workable framework for the interaction between petroleum companies and native title claimants.The writer's view is that the right to negotiate procedure is unworkable if relied upon to obtain the grant of a title. If a proponent wishes to develop a project in any commercially acceptable timeframe, it will have to negotiate an agreement with native title claimants. The paper's conclusion is that a negotiated agreement is the only way to cope with native title issues.

scholarly journals Analisis Curse Theory pada Sumber Daya Alam Migas Bagi Warga Madura

2018 ◽  
Vol 14 (1) ◽  
pp. 12
Author(s):  
Mohammad Hidayaturrahman
Keyword(s):  
Oil And Gas ◽  
Gas Production ◽  
Community Empowerment ◽  
Government Programs ◽  
Oil And Gas Production ◽  
Oil And Gas Exploration ◽  
Exploration And Production ◽  
State Income ◽  
The Government ◽  
Oil And Gas Sector

Government policies in natural resource management, especially in the oil and gas sector face a lot of problems. However, the government also has a responsibility to improve the life of people affected from oil and gas exploration and production activities. This research was aimed at investigating how the implementation of policies run by the central and local government toward the oil and gas management and community empowerment, especially the community located closely  to oil and gas exploration and production activity in Madura, East Java. This research method is phenomenological research using descriptive qualitative approach. Therefore, this study is conducted through direct observation on the object during the research time. The data collection is done through observation and interview. The results of this study revealed that it is needed an integrated step done by the government, vertically, whether central, provincial, district, and village to synchronize oil and gas management and community empowerment programs. By doing so, the ideas and desires to improve the welfare and increase the state income will be realized, especially in focusing corporate and government programs improving citizen’ economic and education, whose area becomes the location of oil and gas production.

BUSINESS AND TAX ISSUES FOR PETROLEUM EXPLORATION AND DEVELOPMENT COMPANIES INVESTING IN THE UNITED STATES OF AMERICA

1991 ◽  
Vol 31 (1) ◽  
pp. 494
Author(s):  
Catherine A. Hayne
Keyword(s):  
United States ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
The United States ◽  
Detailed Examination ◽  
Petroleum Exploration ◽  
Gas Industry ◽  
Oil And Gas Exploration ◽  
Corporate Executives ◽  
Exploration And Production

Oil and gas exploration and production opportunities in the United States represent possibilities for investment by Australian petroleum companies in the 1990s. This paper focuses on the unique characteristics of the oil and gas industry, and is intended as an entrepreneurial guide to some of the practical business and tax issues which corporate executives will confront when proposing to do business in the United States. It provides a detailed examination of the key issues, but, due to the complexity of United States and Australian laws, this paper should not be used as a substitute for detailed advice.

The Greenhouse Effect and the Resource Management Act, as Related to Oil and Gas Exploration and Production

1995 ◽  
Vol 13 (2-3) ◽  
pp. 207-220
Author(s):  
R W Plume
Keyword(s):  
New Zealand ◽  
Forest Cover ◽  
Oil And Gas ◽  
National Policy ◽  
Oil And Gas Industry ◽  
Policy Statement ◽  
Gas Industry ◽  
Oil And Gas Exploration ◽  
Exploration And Production ◽  
The Government

The release of CO2 into the atmosphere - and more specifically its consequential effect on global temperature – is now more-or-less universally acknowledged as a significant international environmental problem. Known colloquially as the Greenhouse Effect, it is the subject of the UN Framework Convention on Climate Change. That convention commits its signatories to specific actions directed at stabilising emissions of greenhouse gases (including CO2) at 1990 levels. It was signed at the UN Conference on Environment & Development (the “Earth Summit” which was held in Rio de Janeiro in 1992) by 153 countries including New Zealand. New Zealand has now officially ratified the Convention and has thus effectively committed itself to participate in international programmes of CO2 emission reduction. The Resource Management Act 1991 requires regulatory authorities to consider the environmental effects of activities in their jurisdiction. Carbon dioxide is now considered to be a “contaminant” as defined in the Act and it therefore becomes contingent upon local authorities to determine a suitable response to the problem of CO2 emissions. Regional and district policy statements and plans are required to be consistent with the national policy statement. Although a national policy statement on CO2 emissions does not yet exist it can be expected that eventually the approval of resource consents for oil and gas exploration and production activities typically will require specific actions relating to the release of CO2. The increase of CO2 in the atmosphere is almost entirely the direct result of two fundamental and worldwide activities: the combustion of fossil fuels and the removal of forest cover. When burned, hydrocarbons add large quantities of CO2 to the atmosphere. The removal of forest cover reduces the ability of the ecosystem to extract CO2 from the atmosphere by photosynthesis. The oil and gas industry is, of course, the source of a large proportion of the hydrocarbons used for energy and other purposes. It can therefore be expected that governments (including New Zealand) will focus on various aspects of the industry in their efforts to meet the reduction goal. Until recently the central Government approach to CO2 emission reduction was to implement the so-called no regrets policies which are desirable goals (e.g. increased energy efficiency) which have the positive spin-off effect of reducing CO2 emissions. By themselves such policies are likely to be inadequate to meet the internationally accepted reduction target. The Government must therefore implement more stringent measures. As the matter now stands the Government is investigating a diverse range of methods for reducing CO2 emissions. Because CO2 emissions and energy use are inextricably linked, reducing CO2 emissions can clearly have a detrimental effect on economic development. The 'holy grail' of policy development in this area is to reduce CO2 emissions without producing harmful effects on the economy. Several options (and myriad variations on the theme) have been put forward including, for example, carbon taxes and tradeable quotas. These options and others are now being assessed by Government officials. The industry should be alert to the distinct possibility that policy will focus directly on oil and gas production. From a regulatory point of view such an approach has an enticing simplicity but the effect on the oil and gas industry may prove to be less than desirable.

scholarly journals A Relationship of Contingency Plan and Related Government Authorities Integration towards an Oil Spill Incidents

2019 ◽  
Vol 8 (12) ◽  
pp. 5585-5590
Keyword(s):  
Oil Spill ◽  
Oil And Gas ◽  
Marine Pollution ◽  
Maritime Industry ◽  
Oil And Gas Exploration ◽  
Contingency Plan ◽  
Marine Industry ◽  
Exploration And Production ◽  
The Government ◽  
Relationship Of

The maritime industry relates to the carriage of cargoes activities such as shipping and port operations, including a wide supporting activity offshore oil and gas exploration and production. In addition, the marine industry provides a pillar of national economic growth and prosperity. Generally, most of the enterprises engaged in the maritime business are related to shipping, designing, constructing, acquiring, manufacturing, repairing and maintaining, operating and supplying. However, from the various shipping activities could lead to marine pollution especially an oil spill. This study focuses to analyze the relationship of the contingency plan of oil preparedness and response by government authorities towards the oil spill. 43 respondents from selected oil port and government authorities have participated in the questionnaire survey. The result from the multiple correlations and regression analysis show the contingency plan activity of the preparedness and response are significantly and positively related to the government authority integration towards the oil spill incidents

scholarly journals United States Environmental Laws and Exploration and Production Operations

1975 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Henry R. White
Keyword(s):  
Oil And Gas ◽  
Oil And Gas Industry ◽  
National Environmental Policy Act ◽  
Gas Industry ◽  
Environmental Laws ◽  
Oil And Gas Exploration ◽  
Healthy Environment ◽  
Oil And Gas Producers ◽  
Exploration And Production ◽  
The Government

Concern for the protection of the environment has resulted in the creation of number of new U.S. statutes and regulations which have an important impact on American oil and gas exploration and production operations. The author provides brief historical survey of some of the legislation which provided foundation for laws enacted within the past few years. He discusses in some detail the National Environmental Policy Act provisions and concludes that they have been construc tive force for change, both in the government and the oil and gas industry. The author then provides an overview of various statutes and. regulations establishing guidelines to ensure clean air and water, which are of particular importance to oil and gas producers. In conclusion, the author stresses the importance of maintaining balance between the need for healthy environment and the need for an adequate supply of energy.

THE ENVIRONMENT FOR RAISING FUNDS FOR PETROLEUM EXPLORATION IN THE 1990s

1991 ◽  
Vol 31 (1) ◽  
pp. 545
Author(s):  
Mark Epper ◽  
John Charters
Keyword(s):  
Federal Government ◽  
Oil And Gas ◽  
Petroleum Exploration ◽  
Oil Exploration ◽  
Risk Capital ◽  
Investor Confidence ◽  
Oil And Gas Exploration ◽  
Self Sufficiency ◽  
The Government ◽  
Private Investors

Private shareholders' equity has traditionally funded greenfield exploration programs in Australia in the 1980s. In the next decade junior exploration companies will again need to rely on funding from both current and potential shareholders. However, the major difference between the 1980s and the 1990s will be the level of difficulty for companies seeking to raise funds. Recent events have sapped potential investor confidence, particularly private investors, and notably, in oil and gas exploration companies.The recent events in the Middle East and the need for some degree of energy self-sufficiency make investment in oil exploration essential for Australia right now. Exploration requires substantial amounts of risk capital which, at this time, is not flowing from traditional sources. Rather, we are seeing a concentration of ownership in the hands of financial institutions and a handful of producing companies and foreign multinationals. It is essential for the Federal Government to recognise the need to offer further incentives to encourage the private sector to invest in exploration companies. In this paper we suggest that the most effective mechanism for such incentives is through some minor modifications to the Australian taxation system.The oil exploration industry must pursue Government in a co-ordinated manner for assistance in raising funds particularly as the requirement for action is urgent. Industry bodies, such as the Australian Petroleum Exploration Association Ltd (APEA) have recently petitioned the Federal Government with recommendations but the Government has failed to accept these proposals on the grounds that they are inconsistent with present tax policy. If this is the case it is time present policy was changed.Clearly, all exploration companies will take whatever action is possible to raise funds for exploration and not simply look in vain for government salvation by handout. However, in the interests of Australian national security, the government has a responsibility to encourage and foster oil and gas exploration.Since planning for this paper commenced in July 1990, oil prices have leapt from US$18 to approximately US$40 per barrel. Should prices such as these (not experienced since the early 1980s) continue, it will make investment in exploration companies more attractive to all investors while at the same time it will test severely the endurance of the equity market generally.

THE COOPER BASIN NATIVE TITLE AGREEMENTS—AN EXPLORER’S PERSPECTIVE

2002 ◽  
Vol 42 (1) ◽  
pp. 711
Author(s):  
N.W. Martin
Keyword(s):  
Oil And Gas ◽  
Petroleum Exploration ◽  
Australian Government ◽  
The South ◽  
New Era ◽  
Native Title ◽  
Oil And Gas Exploration ◽  
Cooper Basin

On 22 October 2001 in Adelaide, the successful bidders for the 1998 First Round Cooper Basin Acreage Release, the South Australian Government, and various native title claimant groups completed the signing of historic and long awaited native title agreements. A few days later, the Petroleum Exploration Licences (PEL) were issued in respect of the blocks covered by those agreements, and so commenced a new era of oil and gas exploration in South Australia.This paper examines the process that led to the finalisation of negotiations and the signing of the agreements, from the perspective of one of the exploration companies that participated in the negotiations.

THE NATIVE TITLES ACT 1993—THE PETROLEUM INDUSTRY AND THE FUTURE

1994 ◽  
Vol 34 (2) ◽  
pp. 174
Author(s):  
Frank M. Hooke
Keyword(s):  
Oil And Gas ◽  
Petroleum Industry ◽  
Land Law ◽  
High Court ◽  
Native Title ◽  
Oil And Gas Exploration ◽  
Exploration And Production ◽  
High Court Of Australia ◽  
Relationship Of ◽  
The Relationship

The judgement of the High Court of Australia in 1992 in Mabo v. Queensland has had a major impact on land law in Australia.The Native Titles Act, 1993, is the first of what will be many steps in a long, complex legislative program to integrate 'native title', into Australia's land law.Those drafting the Native Title Act seemed to have concentrated on dealing with 'native title' issues in isolation and to have ignored or put to one side the need for it to mesh with other aspects of land law. This has created uncertainty for many users of land and will require review.Although the contrary was intended, the Act creates, in practical terms, significant uncertainty for renewal of existing oil and gas exploration and production titles. It also has implications for applicants for new titles and in due course for farmouts and assignments.Eventually additional legislation will be required to clarify the relationship of native title with the other areas of land law.

THE 'RIGHT TO NEGOTIATE' UNDER THE NATIVE TITLE ACT 1993

1996 ◽  
Vol 36 (1) ◽  
pp. 607
Author(s):  
C.R. Davie
Keyword(s):  
Natural Resources ◽  
Federal Government ◽  
Petroleum Exploration ◽  
Native Title ◽  
Exploration And Production ◽  
The Right

One of the most controversial and complex aspects of the Commonwealth Native Title Act 1993 is the so-called 'right to negotiate' which is conferred on both registered native title holders and on native title claimants where a Government seeks to take action which would adversely affect any native title held or claimed. Whilst the concept behind the 'right to negotiate' is essentially a simple one, the attempt of the drafters to reconcile many competing land interests has led to an especially complex regime with particular pitfalls for those associated in the petroleum and natural resources industries. This paper is written with a view to explaining the effect of the 'right to negotiate' provisions for petroleum exploration and production companies. In this writer's view, there are aspects of the current legislation which strike the wrong balance between Aboriginal and development interests. The new Federal Government has foreshadowed that it will introduce amendments to the Act, and by the time this paper is presented at the Darwin Conference there could be substantial changes in the offing.

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