Petroleum (Timor Sea Treaty) Act 2003

Schedule 1 - Timor Sea Treaty  

Note: This is the copy of the Treaty referred to in the definition of Treaty in subsection 5(1) of this Act.

 

ARTICLE 1   Definitions  
For the purposes of this Treaty:

(a) ``Treaty'' means this Treaty, including Annexes A-G and any Annexes subsequently agreed between Australia and East Timor.

(b) ``contractor'' means a corporation or corporations which enter into a contract with the Designated Authority and which is registered as a contractor under the Petroleum Mining Code.

(c) ``criminal law'' means any law in force in Australia and East Timor, whether substantive or procedural, that makes provision for or in relation to offences or for or in relation to the investigation or prosecution of offences or the punishment of offenders, including the carrying out of a penalty imposed by a court. For this purpose, ``investigation'' includes entry to an installation or structure in the JPDA, the exercise of powers of search and questioning and the apprehension of a suspected offender.

(d) ``Designated Authority'' means the Designated Authority established in Article 6 of this Treaty.

(e) ``fiscal scheme'' means a royalty, a Production Sharing Contract, or other scheme for determining Australia's and East Timor's share of petroleum or revenue from petroleum activities and does not include taxes referred to in Article 5(b) of this Treaty.

(f) ``initially processed'' means processing of petroleum to a point where it is ready for off-take from the production facility and may include such processes as the removal of water, volatiles and other impurities.

(g) ``Joint Commission'' means the Australia-East Timor Joint Commission established in Article 6 of this Treaty.

(h) ``JPDA'' means the Joint Petroleum Development Area established in Article 3 of this Treaty.

(i) ``Ministerial Council'' means the Australia-East Timor Ministerial Council established in Article 6 of this Treaty.

(j) ``petroleum'' means:

i. any naturally occurring hydrocarbon, whether in a gaseous, liquid, or solid state;

ii. any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

iii. any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, as well as other substances produced in association with such hydrocarbons;

and includes any petroleum as defined by sub-paragraphs (i), (ii) or (iii) that has been returned to a natural reservoir.

(k) ``petroleum activities'' means all activities undertaken to produce petroleum, authorised or contemplated under a contract, permit or licence, and includes exploration, development, initial processing, production, transportation and marketing, as well as the planning and preparation for such activities.

(l) ``Petroleum Mining Code'' means the Code referred to in Article 7 of this Treaty.

(m) ``petroleum project'' means petroleum activities taking place in a specified area within the JPDA.

(n) ``petroleum produced'' means initially processed petroleum extracted from a reservoir through petroleum activities.

(o) ``Production Sharing Contract'' means a contract between the Designated Authority and a limited liability corporation or entity with limited liability under which production from a specified area of the JPDA is shared between the parties to the contract.

(p) ``reservoir'' means an accumulation of petroleum in a geological unit limited by rock, water or other substances without pressure communication through liquid or gas to another accumulation of petroleum.

(q) ``taxation code'' means the code referred to in Article 13(b) of this Treaty.