Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if:
(a) a State/Territory petroleum exploration title has been granted by a State or the Northern Territory on the basis that an area (the relevant area ) is within the coastal waters of the State or Territory; and
(b) as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:
(i) ceases to be within the coastal waters of the State or Territory; and
(ii) falls within the offshore area of the State or Territory; and
(c) either:
(i) the conditions set out in subsection (2) are satisfied; or
(ii) the conditions set out in subsection (3) are satisfied.
(2) The conditions mentioned in subparagraph (1)(c)(i) are:
(a) one or more, but not all, of the section 33 blocks that were covered by the State/Territory petroleum exploration title immediately before the change are in the relevant area; and
(b) the title subsequently ceases to be in force at the same time (the relevant time ):
(i) as to all of the section 33 blocks that were covered by the title immediately before the change and that are in the coastal waters of the State or Territory; and
(ii) otherwise than as the result of the cancellation or surrender of the title.
(3) The conditions mentioned in subparagraph (1)(c)(ii) are:
(a) all of the section 33 blocks that were covered by the State/Territory petroleum exploration title immediately before the change are in the relevant area; and
(b) the title subsequently ceases to be in force at the same time (the relevant time ):
(i) as to all of the section 33 blocks that were covered by the title immediately before the change; and
(ii) otherwise than as the result of the cancellation or surrender of the title.
Grant of permit where titleholder entitled to apply for renewal of the State/Territory petroleum exploration title
(4) If:
(a) assuming that:
(i) the change to the boundary of the coastal waters of the State or Territory had not occurred; and
(ii) the relevant area had remained in the coastal waters of the State or Territory;
the holder of the State/Territory petroleum exploration title would have been entitled to apply under a State PSLA or Territory PSLA for the renewal of the title in relation to all of the section 33 blocks that are:
(iii) covered by the title; and
(iv) in the relevant area; and
(b) there are one or more section 33 blocks (the relevant section 33 blocks ) that:
(i) correspond to the section 33 blocks covered by paragraph (a); and
(ii) are in the offshore area of the State or Territory; and
(iii) are not the subject of a variation under section 267A;
the Joint Authority is taken:
(c) to have granted the holder a petroleum exploration permit over those relevant section 33 blocks; and
(d) to have done so immediately after the relevant time mentioned in whichever of subsection (2) or (3) is applicable.
Note: For the duration of the petroleum exploration permit, see item 3 of the table in subsection 102(1).
Grant of permit where titleholder not entitled to apply for renewal of the State/Territory petroleum exploration title
(5) If:
(a) assuming that:
(i) the change to the boundary of the coastal waters of the State or Territory had not occurred; and
(ii) the relevant area had remained in the coastal waters of the State or Territory;
the holder of the State/Territory petroleum exploration title would not have been entitled to apply under a State PSLA or Territory PSLA for the renewal of the title in relation to all of the section 33 blocks that are:
(iii) covered by the title; and
(iv) in the relevant area; and
(b) there are one or more section 33 blocks (the relevant section 33 blocks ) that:
(i) correspond to the section 33 blocks that were covered by the State/Territory petroleum exploration title immediately before the change; and
(ii) are in the offshore area of the State or Territory; and
(iii) are not the subject of a variation under section 267A;
the Joint Authority is taken:
(c) to have granted the holder a petroleum exploration permit over those relevant section 33 blocks; and
(d) to have done so immediately after the relevant time mentioned in whichever of subsection (2) or (3) is applicable.
Note: For the duration of the petroleum exploration permit, see item 4 of the table in subsection 102(1).
Certain provisions to be disregarded
(6) For the purposes of subsections (4) and (5), disregard any of the following provisions of a State PSLA or Territory PSLA:
(a) standard halving rules;
(b) modified halving rules;
(c) a provision of a kind specified in the regulations.
(7) If, after the change to the boundary of the coastal waters of the State or Territory:
(a) a part of a section 33 block that was covered by the State/Territory petroleum exploration title immediately before the change is in the coastal waters of the State or Territory; and
(b) the remaining part of the section 33 block is in the offshore area of the State or Territory;
then, for the purposes of this section (other than this subsection), each of those parts is taken to constitute, and to have always constituted, a section 33 block.
(8) An assumption in paragraph (4)(a) or (5)(a) does not affect subsection (7).
(9) In this section:
" section 33 block" means:
(a) a block constituted as provided by section 33; or
(b) if a graticular section is wholly within the area that was covered by the State/Territory petroleum exploration title--the graticular section; or
(c) if a part only of a graticular section is within the area that was covered by the State/Territory petroleum exploration title--that part of the graticular section.
Note: See also subsection (7).
"State PSLA" has the same meaning as in Part 6.9.
"Territory PSLA" has the same meaning as in Part 6.9.