Petroleum Law

This subject has the following teaching availabilities in 2013:

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

Petroleum resources have immense strategic and economic value. Commonwealth, state and territory governments in Australia control exploration for, and production of, these resources, although they engage private enterprise to perform these tasks. The complex legal relationship between governments and private enterprise in petroleum exploration and production provides the central theme of this subject. Australia’s federal system of government adds to the complexity of this relationship. This subject examines the nature, occurrence and extraction of petroleum resources, and considers the legal consequences of the fact that most of these resources occur naturally as fluids. It then directs attention to the statutory regimes that govern petroleum exploration and production in various Australian jurisdictions, assessing their legal attributes and efficacy in the wider context of foreign petroleum regimes.

Principal topics will include:

• Meaning of ‘petroleum’
• Property in petroleum
• Australian petroleum regimes
• Statutory titles
• Statutory royalties
• Dealings and registration
• Overriding royalties
• Production controls
• Unit development
• Underground storage of petroleum
• Carbon capture and storage
• Coal seam gas
• Access to land
• Seabed boundary delimitation
• Case Study 1: Petroleum Act 1998 (Vic)
• Case Study 2: Petroleum and Gas (Production and Safety) Act 2004 (Qld).
• Case Study 3: Offshore Petroleum Act 2006 (Cth)

A student who has successfully completed this subject should:

• Understand the law relating to petroleum exploration and production in Australia
• Be familiar with the statutory regimes governing petroleum exploration and production in selected Australian jurisdictions
• Be able to apply the relevant law to problems arising in relation to petroleum exploration and production in Australia
• Understand the law relating to petroleum exploration and production in selected foreign jurisdictions.

Take-home examination (50%) (5–8 April)

5,000 word research paper (50%) (22 May) on a topic approved by the subject coordinator

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.