Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 152A

Scope

  (1)   This section applies if:

  (a)   a State/Territory petroleum retention 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; and

  (d)   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 retention 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.

  (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 retention 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 retention 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 lease

  (4)   The Joint Authority is taken:

  (a)   to have granted the holder of the State/Territory petroleum retention title a petroleum retention lease over the relevant section   33 blocks; and

  (b)   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 retention lease, see subsection   139(1A).

Deemed section   33 block

  (5)   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 retention 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.

Definitions

  (6)   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 retention 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 retention title--that part of the graticular section.

Note:   See also subsection   (5).

"State PSLA" has the same meaning as in Part   6.9.

"Territory PSLA" has the same meaning as in Part   6.9.