SOME COMMERCIAL ASPECTS OF PETROLEUM EXPLORATION AND MINING

1985 ◽  
Vol 25 (1) ◽  
pp. 143
Author(s):  
R.K. Moore ◽  
R.M. Willcocks

The petroleum industry in Australia is at the centre of a web of complex laws. In addition to the legislation under which petroleum exploration and production tenements are granted there is a multiplicity of statutes and regulations, Commonwealth and State, which have a direct bearing on the conduct of those involved in exploring for or exploiting Australia's petroleum reserves. For example, the level of participation by foreigners is governed by the Commonwealth Foreign Investment Guidelines and the Foreign Takeovers Act 1975; the Commonwealth has control over the export of petroleum under the Customs (Prohibited Exports) Regulations and domestic markets are subject to the operation of the Crude Oil Allocation Scheme. The Commonwealth continues to have the right to regulate the transfer of funds to and from Australia under the Banking (Foreign Exchange) Regulations. Certain States such as South Australia and New South Wales have their own foreign investment guidelines.Not only this, there are revenue laws which govern very much the way in which petroleum projects are organised, interests transferred and otherwise dealt with and finance made available, such as State stamp duty legislation, Commonwealth income tax laws, and Commonwealth legislation imposing registration fees on dealings in exploration permits and production licences. A new tax, Resource Rent Tax, is to be introduced.Then there are laws which have an indirect bearing on petroleum activities such as the Companies Code which, in addition to governing the administration and organisation of companies, controls the way funds can be raised.The statutory and regulatory framework is only part of the picture. The rights and obligations of participants in petroleum projects as between themselves are almost always set out in a joint venture or joint operating agreement, the combination between the participants being known as an unincorporated joint venture. This form of business organisation is not a partnership; it is not the creature of legislation. Indeed it has been rarely referred to in Acts of Parliament. Problems arising under the joint venture agreement will be considered against the backdrop of the general law which unfortunately has seldom been called upon to resolve disputes between participants in joint ventures. An illustration of one of these rare instances is Brian Pty Ltd v United Dominions Corporation Ltd (1983), where the New South Wales Court of Appeal considered the fiduciary relationship of joint venturers.Despite this legislative and regulatory' backdrop and the uncertainties as to the true effect of joint venture agreements, the industry up until quite recently has survived with little litigation. This is no longer the case. Recent and pending litigation shows that there is no reluctance on the part of participants to take their disputes to court, often at great expense and with unfortunate results for previously close relationships. It must now be said that money spent to achieve proper and clear agreement on organisational and legal matters at the earliest stage of a project is money just as well spent as that on drilling and other operational activities.

2013 ◽  
Vol 20 (5) ◽  
pp. 578-588 ◽  
Author(s):  
Kathleen A Dixon

The aim of this study was to uncover and critically examine hidden assumptions that underpin the findings of nurses’ unethical conduct arising from inquiries conducted by the Nurses Tribunal in New South Wales. This was a qualitative study located within a post-structural theoretical framework. Transcripts of five inquiries conducted between 1998 and 2003 were analysed using critical discourse analysis. The findings revealed two dominant discourses that were drawn upon in the inquiries to construct nurses’ conduct as unethical. These were discourses of trust and accountability. The way the nurses were spoken about during the inquiries was shaped by normalising judgements that were used to discursively position the nurse through narrative.


1985 ◽  
Vol 25 (1) ◽  
pp. 15
Author(s):  
P. Ties ◽  
R.D. Shaw ◽  
G.C. Geary

The Clarence-Moreton Basin covers an area of some 28 000 km2 in north-eastern New South Wales and south-eastern Queensland. The basin is relatively unexplored, with a well density in New South Wales of one per 1600 km2. Since 1980, Endeavour Resources and its co-venturers have pursued an active exploration programme which has resulted in the recognition of significant petroleum potential in the New South Wales portion of the basin.Previous studies indicated that the Upper Triassic to Lower Cretaceous Clarence-Moreton Basin sequence in general, lacked suitable reservoirs and had poor source- rock potential. While exinite rich, oil-prone source rocks were recognised in the Middle Jurassic Walloon Coal Measures, they were considered immature for oil generation. Moreover, during the 1960's the basin acquired a reputation as an area where seismic records were of poor quality.These ideas are now challenged following the results of a new round of exploration which commenced in the New South Wales portion of the basin in 1980. This exploration has involved the acquisition of over 1000 km of multifold seismic data, the reprocessing of some 200 km of existing single fold data, and the drilling of one wildcat well. Over twenty large structural leads have been identified, involving trapping mechanisms ranging from simple drape to antithetic and synthetic fault blocks associated with normal and reverse fault dependent and independent closures.The primary exploration targets in the Clarence- Moreton Basin sequence are Lower Jurassic sediments comprising a thick, porous and permeable sandstone unit in the Bundamba Group, and channel and point-bar sands in the Marburg Formation. Source rocks in these and the underlying Triassic coal measures are gas-prone and lie at maturity levels compatible with gas generation. In contrast, it was established from the results of Shannon 1 that the Walloon Coal Measures are mature for oil generation and this maturity regime is now considered to be applicable to most of the basin in New South Wales.A consideration of reservoir and source rock distribution, together with structural trends across the basin in Petroleum Exploration Licences 258 and 259, has led to the identification of three prospective fairways, two of which involve shallow oil plays. Exploration of these fairways is currently the focus of an ongoing programme of further seismic data acquisition and drilling.


Interpreting ◽  
2020 ◽  
Vol 22 (1) ◽  
pp. 87-116
Author(s):  
Xin Liu

Abstract In cross-examination, questions are used by counsel as powerful tools to control witness testimonies. In bilingual courtrooms, conveying the subtlety in the use of questions from one language to another is crucial for all participants. However, achieving a high level of accuracy is extremely demanding due to the intricacy of courtroom discourse and the complexity of interpreting in such an institutional setting. Drawing on a moot court exercise at the University of New South Wales, Sydney, this study investigates the most common pragmalinguistic challenges for trainee interpreters in achieving accuracy when interpreting cross-examination questions from English to Mandarin. Findings show that it can be challenging to produce pragmatically accurate renditions: Mandarin interpretations have an overall weakened illocutionary force compared to the original English questions. In particular, declaratives, reported speech declaratives, modal interrogatives, and tag questions are found to be difficult to interpret into Mandarin. This paper also explores the way the illocutionary force of the interpreted questions deviates from the original and the possible causes for this shift. Findings point to the need to enhance pragmatic competence among trainee interpreters, which in turn will require specialised training for interpreters working in legal settings.


Author(s):  
Christopher Symes ◽  
Jeffrey Fitzpatrick

Australia’s contract law is an amalgam of common law rules, equitable principles, and statute law. Its genesis lay in centuries of development of these three branches of English law. Principles of modern contract law had their roots in the rise of English maritime law during the sixteenth century. In 1788, England established a penal colony at Sydney Cove, seeding the colony of New South Wales. At that moment, all existing English contract law simply flowed into this ‘new’ land as intellectual baggage. Slowly Anglo Australia’s legal and legislative framework evolved from a patchwork of distinct English colonies into a commonwealth of Federal, State, and Territory Governments. The gloss of contract law took on an increasingly antipodean sheen. This resultant ‘system’ of law is a complex relationship between common law, equity, and Federal, State, and Territory legislation. Throughout this chapter we shall use the term ‘general law’ to mean the principles and rules of common law and equity.


2013 ◽  
Vol 38 (2) ◽  
pp. 47-53
Author(s):  
Frank Ainsworth ◽  
Patricia Hansen

The New South Wales Children's Court, like other state and territory Children's Courts, is a closed court. This means that the public cannot attend court hearings when care and protection matters are before the court. The exception is Victoria where even in the Family Division of the Children's Court that deals with care and protection matters an application has to be made to a magistrate for the court to be closed. This article is designed to take the reader behind the closed door and provide information about court processes and procedures as well as present parents' comments on the way in which the court works.In New South Wales there are seven specialist children's courts at Parramatta, Glebe (Bidura), Campbeltown, Newcastle (Broadmeadow), Wyong, Woy Woy and in the Illawarra (Port Kembla). In other places children's care matters are dealt with by local magistrates supported by specialist Children's Court magistrates from Parramatta who staff a country Children's Court circuit.Parents' views on these processes and procedures are troubling as many see the court as unfair in the way that decisions are made. The parents' views have been obtained, through interviews with parents over a number of years, as part of the authors' professional duties, as a Guardian ad Litem and solicitor in the New South Wales Children's Court.From this experience it is clear that many professional staff who have contact with parents involved in Children's Court matters are also unclear about the court processes, and as a result they are less able to support parents through this stressful process. This article aims to assist staff to understand the court processes so that they may in turn support parents.


Author(s):  
Ashley A Webb ◽  
Georgina L Kelly ◽  
Warwick J Dougherty

Soil is a valuable natural resource. In the state of New South Wales, Australia, the governance of soil has evolved since Federation in 1901. Following rapid agricultural development, and in the face of widespread soil degradation, the establishment of the Soil Conservation Service marked a turning point in the management of soil. Throughout the 20th century, advances in knowledge were translated into evolving governance frameworks that were largely reactionary but saw progressive reforms such as water pollution legislation and case studies of catchment-scale land and vegetation management. In the 21st century, significant reforms have embedded sustainable use of agricultural soils within catchment- and landscape-scale legislative and institutional frameworks. What is clear, however, is that a multitude of governance strategies and models are utilised in NSW. No single governance model is applicable to all situations because it is necessary to combine elements of several different mechanisms or instruments to achieve the most desired outcomes. Where an industry, such as the sugar industry, has taken ownership of an issue such as acid sulfate soil management, self-regulation has proven to be extremely effective. In the case of co-managing agricultural soils with other landuses, such as mining, petroleum exploration and urban development, regulation, compliance and enforcement mechanisms have been preferred. Institutional arrangements in the form of independent commissioners have also played a role. At the landscape or total catchment level, it is clear that a mix of mechanisms is required. Fundamental, however, to the successful evolution of soil governance is strategic investment in soil research and development that informs the ongoing productive use of agricultural landscapes while preventing land degradation or adverse environmental effects.


2010 ◽  
Vol 10 (1) ◽  
pp. 122-137 ◽  
Author(s):  
Jane Andrew

ABSTRACT: In 2008, the New South Wales (NSW) Government announced its intention to privatize two of the State’s prisons. This was a significant change in policy, a move that was justified publicly on the grounds that it would produce significant cost savings. This paper explores the way costs have been referenced within the public discussion on prison privatization in NSW to provide a basis for the decision. Little externally verifiable evidence could be found to support the government’s claim that the proposed privatization would save tax-payer funds; instead, this work shows how justifications based on costs became self referential, taking on a life of their own. Given that there is little “real” evidence to argue the government’s policy was rational on cost grounds, this paper explores how references to costs in public debate can be used to justify and reinforce privatization decisions without significant critique.


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