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

1994 ◽  
Vol 34 (2) ◽  
pp. 174
Author(s):  
Frank M. Hooke

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 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


Author(s):  
Djakhongir Saidov

This chapter investigates the main sources governing international oil and gas operations around the world, with a view to examining whether we are witnessing the emergence of transnational petroleum law (lex petrolea). The chapter explores the nature of governance in the petroleum industry and the extent to which the oil and gas industry is self-governed or governed by the state-made law. It assesses the degree of standardization of governance to determine whether it is so high as to give rise to the emergence of lex petrolea. The main focus is on sources, specific to the oil and gas industry, such as: model contracts, industry usages, standards, and guidelines promulgated by industry organizations and associations. This chapter argues that lex petrolea is not yet a mature legal order. Its sources are best characterized as transnational layers of governance of the international exploration and production operations. As to the relationship between the alleged lex petrolea and the state-made law, it is demonstrated that the two are vitally important to and mutually dependent on each other.


2001 ◽  
Vol 41 (2) ◽  
pp. 115
Author(s):  
M.W. Hunt

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.


2018 ◽  
Vol 58 (2) ◽  
pp. 557
Author(s):  
Barry A. Goldstein

Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence (Adams 1770). Some people unfamiliar with upstream petroleum operations, some enterprises keen to sustain uncontested land use, and some people against the use of fossil fuels have and will voice opposition to land access for oil and gas exploration and production. Social and economic concerns have also arisen with Australian domestic gas prices tending towards parity with netbacks from liquefied natural gas (LNG) exports. No doubt, natural gas, LNG and crude-oil prices will vary with local-to-international supply-side and demand-side competition. Hence, well run Australian oil and gas producers deploy stress-tested exploration, delineation and development budgets. With these challenges in mind, successive governments in South Australia have implemented leading-practice legislation, regulation, policies and programs to simultaneously gain and sustain trust with the public and investors with regard to land access for trustworthy oil and gas operations. South Australia’s most recent initiatives to foster reserve growth through welcomed investment in responsible oil and gas operations include the following: a Roundtable for Oil and Gas; evergreen answers to frequently asked questions, grouped retention licences that accelerate investment in the best of play trends; the Plan for ACcelerating Exploration (PACE) Gas Program; and the Oil and Gas Royalty Return Program. Intended and actual outcomes from these initiatives are addressed in this extended abstract.


2016 ◽  
Vol 4 (2) ◽  
pp. 28 ◽  
Author(s):  
Sunmonu Ayobami ◽  
Adabanija Adedapo ◽  
Adagunodo Aanuoluwa ◽  
Adeniji Ayokunnu

Hydrocarbon resources have become the most essential commodity contributing to any nation’s growth and development in the recent years. For the past decades now, the quest for hydrocarbon resources has been increasing in an arithmetic rate that its supply can no longer meets the demand for its consumption today. In petroleum industry, seismic and well log analyses play a vital role in oil and gas exploration and formation evaluation. This study is aimed to effectively characterize the reservoirs and analyze the by-passed pay in Philus Field, Niger-Delta, Nigeria in order to look into the economic viability and profitability of the volume of oil in the identified reservoir(s). The faults in the study area trend in NW-SE direction and dip towards the south. Seven reservoirs were mapped on Philus field. A discovery trap and a by-passed (new prospect) trap were mapped out on the field. The petrophysical analysis showed that porosity of Philus field was 0.24. The volumetric analysis showed that the Stock Tank Original Oil in Place of discovery trap (Philus field) ranged from 1.6 to 43.1 Mbbl while that of new prospect trap ranged from 18.1 to 211.3 Mbbl. It is recommended that the oil reserve of Philus field needs to be recalculated.


Author(s):  
Jonathan Crowe

The role of implications in Australian constitutional law has long been debated. Jeffrey Goldsworthy has argued in a series of influential publications that legitimate constitutional implications must be derived in some way from authorial intentions. I call this the intentionalist model of constitutional implications. The intentionalist model has yielded a sceptical response to several recent High Court decisions, including the ruling in Roach v Electoral Commissioner that the Constitution enshrines an implied conditional guarantee of universal franchise. This article outlines an alternative way of thinking about constitutional implications, which I call the narrative model. I argue that at least some constitutional implications are best understood as arising from historically extended narratives about the relationship of the constitutional text to wider social practices and institutions. The article begins by discussing the limitations of the intentionalist model. It then considers the role of descriptive and normative implications in both factual and fictional narratives, before applying this analysis to the Australian Constitution. I argue that the narrative model offers a plausible basis for the High Court’s reasoning in Roach v Electoral Commissioner.


2018 ◽  
Vol 14 (1) ◽  
pp. 12
Author(s):  
Mohammad Hidayaturrahman

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.


Sign in / Sign up

Export Citation Format

Share Document