THE IMPACT OF RECENT NATIVE TITLE DEVELOPMENTS UPON PETROLEUM EXPLORATION AND PRODUCTION

1998 ◽  
Vol 38 (2) ◽  
pp. 179
Author(s):  
Professor Douglas Williamson
Keyword(s):  
Western Australia ◽  
Petroleum Exploration ◽  
Native Title ◽  
Exploration And Production ◽  
The Impact ◽  
Exploration And Development

Native Title Act 1993 (Cth)—acknowledged defects-proposed amending legislation—right to negotiate process—offshore and onshore exploration and development distinguished—obligations other than under NTA not to interfere unduly with offshore native title rights—onshore right to negotiate process—criteria—availability of expedited procedure to enable proposed activity to proceed—recent decisions limiting practical availability of expedited procedure—Cox and Western Australia and Stirling Resources NL and others (NNTT, 27 October 1997)—proposed amendments to right to negotiate process—importance of amendments to petroleum explorers and developers.

PETROLEUM OPERATIONS IN THE ENVIRONMENTALLY SENSITIVE NORTHERN PERTH BASIN, WESTERN AUSTRALIA

1990 ◽  
Vol 30 (1) ◽  
pp. 428
Author(s):  
B.J. Warris ◽  
T. Grocke ◽  
A. Lane
Keyword(s):  
Western Australia ◽  
Local Community ◽  
Long Term Effects ◽  
Absolute Minimum ◽  
Seismic Line ◽  
Exploration And Production ◽  
Northern Portion ◽  
Local Residents ◽  
Minimum Disturbance ◽  
The Impact

Barrack Energy Limited is an Australian company involved in the search for petroleum in Australia. The company's principal area of exploration and production is the northern portion of the onshore Perth Basin in Western Australia. In this area, the company operates four permits and one production licence covering an area of almost 15 000 square kilometres (3.7 million acres).For the period 1987 to 1989, Barrack Energy Limited acquired 1238 line km of seismic in the northern Perth Basin. This was conducted in fourteen surveys extending from Lancelin in the south to Dongara in the north.Petroleum exploration and production operations in the northern Perth Basin are highly visible and require painstaking and careful planning, permitting and negotiation to achieve the multiple land use goals of minimum disturbance to private landowners and minimum impact and zero long term effects on the environment.Due to the large areas of Vacant Crown Land and flora and fauna reserves in the northern Perth Basin, the impact of seismic line clearance upon the terrain was a major consideration. Barrack Energy Limited decided to experiment with various mechanical systems to clear seismic lines in order to determine the optimum operational and environmental technique. The bulldozer/ grader combination proved to be the most practical line clearance method available. The dozer need not be a tool of destruction and when operated correctly does no more damage than other methods tried.At all times Barrack Energy Limited has striven to ensure that the impact on the surrounding countryside by its exploration and production activity is kept to an absolute minimum. The company works closely with the local community to ensure that the local residents are comfortable at all times with the company's operating methods.

LEGAL CONTROLS OVER PETROLEUM EXPLORATION AND DEVELOPMENT OFFSHORE WESTERN AUSTRALIA

1979 ◽  
Vol 19 (1) ◽  
pp. 219
Author(s):  
A.G. Thompson
Keyword(s):  
Western Australia ◽  
The State ◽  
Petroleum Exploration ◽  
State Control ◽  
Mixed Regime ◽  
Environmental Controls ◽  
Petroleum Resources ◽  
Legal Controls ◽  
Exploration And Development ◽  
Offshore Petroleum

Increased petroleum exploration and development activities offshore Western Australia will continue to attract the focus of many companies, contractors and investors who will find that their exploration and development activities and operating practices are controlled by a mixed regime of State and Federal legislation. This mixed regime has its sources in international and constitutional law.Working within these controls is not assisted by the complexity of State and Commonwealth jurisdictional problems in respect to offshore areas. Certain governmental arrangements between the State and the Commonwealth, however, facilitate continued exploration activity offshore, whilst some of the legal issues remain to be resolved. Some guiding principles as to what laws apply offshore and to what extent, are indicated.The consultative arrangements between the State and the Commonwealth under the Offshore Petroleum Code allow for Commonwealth ownership and State control of offshore petroleum resources to co-exist. These are commented upon and the Petroleum (Submerged Lands) Acts are analysed with respect to the nature and security of petroleum titles; the setting, performance and variation of work and monetary obligations; the range of administrative discretion in relation thereto; the transferability of petroleum interests and the rate and calculation of royalties.Directions regulating offshore operations generally and covering exploration, reporting, platforms, pipelines, production and work practices are explained. Some of the environmental controls are also mentioned.

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 A Cooperative Industry - Government Woodland Caribou Research Program in Northeastern Alberta

Rangifer ◽  
1996 ◽  
Vol 16 (4) ◽  
pp. 181
Author(s):  
Blair Rippin ◽  
Colin Edey ◽  
Daryl Hebert ◽  
Jeff Kneteman
Keyword(s):  
Research Program ◽  
Large Scale ◽  
Forest Harvesting ◽  
Petroleum Exploration ◽  
Woodland Caribou ◽  
Cooperative Research ◽  
Term Survival ◽  
Northeastern Alberta ◽  
The Impact ◽  
Exploration And Development

Rapid development of large scale logging and increasingly intensive petroleum exploration and development in northeastern Alberta prompted the establishment of a cooperative research program to investigate various aspects of woodland caribou (Rangifer tarandus caribou) biology. The ultimate goal of the program is to develop an effective plan that will ensure the long term survival of caribou while allowing for renewable and non-renewable resource development. There are three parts to the program. Part I began early in 1991 and makes use of conventional radio telemetry as a means of recording various parameters of general caribou biology. The study area encompasses approximately 4000 km2 of low relief, boreal mixedwood forest. Preliminary results from 2500 radio locations (involving 50 individuals) indicate that woodland caribou inhabiting the study area are non-migratory and are strongly associated with some of the more scarce peatland forest types present in the area. Investigations to document the basic biology and ecology will continue for another two years. Part II began in early 1993 as a part of a two-year investigation into the disturbance effects of petroleum exploration and development on caribou movements and behaviour. One objective of this study is to develop a predictive model useful in determining the cumulative effects of varying intensities of disturbance on caribou. Part III began in early 1994 with a proposed three-year investigation to determine the mechanism of spatial and temporal separation of caribou and moose in the study area. These relationships may indicate the means by which caribou minimize the impact of wolf predation on their populations in northeastern Alberta. Results will be applied to industrial land use and specifically to large scale forest harvesting planned for the area. The research program is supported through cooperative funding contributed by 24 petroleum companies, 1 forest company, 2 peat companies and the Alberta Departments of Environmental Protection and Energy. The research aspect of the program has been developed and implemented by staff of the University of Alberta, Alberta-Pacific Forest Industries, the Alberta Fish and Wildlife and Forest Services and the Alberta Environmental Centre. The program also incorporates a public information and liaison function. Newsletters, information videos, brochures and public consultation are the means used to accomplish this task.

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.

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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