Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: See section 791.
In this Schedule:
"corresponding provision" : in determining whether a provision is a corresponding provision:
(a) regard must be had to the substance of the provision; and
(b) if the provision appears to have expressed the same idea in a different form of words for the purpose of using a clearer style--disregard the difference.
"eligible instrument" means regulations, a declaration, a determination, a direction, an agreement, a delegation, an approval, an appointment, a notice or any other instrument, but does not include an old title.
"old title" means:
(a) an exploration permit under Division 2 of Part III of the Petroleum (Submerged Lands) Act 1967 ; or
(b) a retention lease under Division 2A of Part III of the Petroleum (Submerged Lands) Act 1967 ; or
(c) a production licence under:
(i) Division 3 of Part III of the Petroleum (Submerged Lands) Act 1967 ; or
(ii) section 148 of the Petroleum (Submerged Lands) Act 1967 ; or
(d) an infrastructure licence under Division 3A of Part III of the Petroleum (Submerged Lands) Act 1967 ; or
(e) a pipeline licence under Division 4 of Part III of the Petroleum (Submerged Lands) Act 1967 ; or
(f) a special prospecting authority under section 111 of the Petroleum (Submerged Lands) Act 1967 ; or
(g) an access authority under section 112 of the Petroleum (Submerged Lands) Act 1967 ; or
(h) a scientific investigation consent under section 123 of the Petroleum (Submerged Lands) Act 1967 .
2 Re - enactment of the Petroleum (Submerged Lands) Act 1967
This Act re - enacts the Petroleum (Submerged Lands) Act 1967 with certain modifications.
Note: Section 15AC of the Acts Interpretation Act 1901 provides that if an Act has expressed an idea in a particular form of words, and a later Act appears to have expressed the same idea in a different form of words for the purpose of using a clearer style, the ideas shall not be taken to be different merely because different forms of words were used.
3 Old titles continue in force
(1) To avoid doubt, an old title does not lapse merely because of the repeal of the Petroleum (Submerged Lands) Act 1967 .
(2) An old title continues in force subject to, and in accordance with, the provisions of this Act.
Note: This Act includes provisions about the duration of titles.
4 Transitional--eligible instruments
(1) This clause applies to an eligible instrument if:
(a) the eligible instrument was in force immediately before the commencement of this clause; and
(b) the eligible instrument was made or given under, or for the purposes of, a particular provision of the Petroleum (Submerged Lands) Act 1967 (other than subsection 150N(1) of that Act).
(2) The eligible instrument has effect, after the commencement of this clause, as if:
(a) it had been made or given under, or for the purposes of, the corresponding provision of this Act; and
(b) any requirement imposed by this Act or the Legislation Act 2003 in relation to the making or giving of the eligible instrument (including a requirement about the form of words) had been satisfied.
(3) If:
(a) under the eligible instrument, a particular act or thing was required, permitted or proposed to be done within, or at the end of, a particular period; and
(b) if the Petroleum (Submerged Lands) Act 1967 had not been repealed, that period would have:
(i) begun before the commencement of this clause; and
(ii) ended after the commencement of this clause;
this Act and the eligible instrument have effect, after the commencement of this clause, as if the act or thing was required, permitted or proposed to be done within, or at the end of:
(c) if that period was one month--whichever is the longer of:
(i) 30 days; or
(ii) one month; or
(d) if that period was 3 months--whichever is the longer of:
(i) 90 days; or
(ii) 3 months; or
(e) in any other case--that period;
instead of the period that would otherwise be applicable.
5 Transitional--acts or things done before commencement
(1) This clause applies to an act or thing (other than the grant of an old title or the making or giving of an eligible instrument) if:
(a) the act or thing was done before the commencement of this clause; and
(b) the act or thing was done under, or for the purposes of, a particular provision of the Petroleum (Submerged Lands) Act 1967 .
(2) The act or thing has effect, after the commencement of this clause, as if it had been done under, or for the purposes of, the corresponding provision of this Act.
6 Transitional--conditions of old titles
In a condition of an old title, the expression the Act includes this Act.
7 Translation of references in documents
(1) The responsible Commonwealth Minister may, by writing, make any or all of the following declarations in relation to a specified document:
(a) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to the Petroleum (Submerged Lands) Act 1967 included a reference to this Act;
(b) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to a particular provision of the Petroleum (Submerged Lands) Act 1967 included a reference to the corresponding provision of this Act or the Royalty Act;
(c) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to regulations under the Petroleum (Submerged Lands) Act 1967 included a reference to regulations under this Act;
(d) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to a particular provision of regulations under the Petroleum (Submerged Lands) Act 1967 included a reference to the corresponding provision of regulations under this Act;
(e) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to an adjacent area within the meaning of the Petroleum (Submerged Lands) Act 1967 were a reference to the corresponding offshore area of a State or Territory within the meaning of this Act;
(ea) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to the Eastern Greater Sunrise area within the meaning of the Petroleum (Submerged Lands) Act 1967 were a reference to the Eastern Greater Sunrise offshore area within the meaning of this Act;
(eb) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to the Principal Northern Territory PSL area within the meaning of the Petroleum (Submerged Lands) Act 1967 were a reference to the Principal Northern Territory offshore area within the meaning of this Act;
(f) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to the relinquished area within the meaning of the Petroleum (Submerged Lands) Act 1967 were a reference to the corresponding vacated area within the meaning of this Act;
(g) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to the Petroleum (Submerged Lands) (Royalty) Act 1967 included a reference to the Royalty Act;
(h) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to a particular provision of the Petroleum (Submerged Lands) (Royalty) Act 1967 included a reference to the corresponding provision of the Royalty Act or Part 6.7 of this Act;
(i) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to the Petroleum (Submerged Lands) (Registration Fees) Act 1967 included a reference to the Registration Fees Act;
(j) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to a particular provision of the Petroleum (Submerged Lands) (Registration Fees) Act 1967 included a reference to the corresponding provision of the Registration Fees Act or Part 6.7 of this Act;
(k) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to regulations under the Petroleum (Submerged Lands) (Registration Fees) Act 1967 included a reference to regulations under the Registration Fees Act;
(l) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to a particular provision of regulations under the Petroleum (Submerged Lands) (Registration Fees) Act 1967 included a reference to the corresponding provision of regulations under the Registration Fees Act;
(m) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to the Petroleum (Submerged Lands) Fees Act 1994 included a reference to the Annual Fees Act;
(n) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to a particular provision of the Petroleum (Submerged Lands) Fees Act 1994 included a reference to the corresponding provision of the Annual Fees Act or Part 6.7 of this Act;
(o) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to regulations under the Petroleum (Submerged Lands) Fees Act 1994 included a reference to regulations under the Annual Fees Act;
(p) that the document has effect, after the commencement of this clause, as if a specified reference, or each reference other than a specified reference, in the document to a particular provision of regulations under the Petroleum (Submerged Lands) Fees Act 1994 included a reference to the corresponding provision of regulations under the Annual Fees Act.
Note 1: For specification by class, see subsection 13(3) of the Legislation Act 2003 .
Note 2: For specification of more than one document, or more than one reference, see paragraph 23(b) of the Acts Interpretation Act 1901 .
(2) A declaration under subclause (1) has effect accordingly.
(3) A declaration under subclause (1) is a legislative instrument.
Note: This means that the declaration could be disallowed by either House of the Parliament.
(4) This clause does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.
(5) In this clause:
"document" includes:
(a) an eligible instrument; and
(b) an old title.
(1) The Governor - General may make regulations in relation to transitional matters arising out of the repeal of the Petroleum (Submerged Lands) Act 1967 .
(2) The Governor - General may make regulations in relation to transitional matters arising out of the repeal of the Petroleum (Submerged Lands) (Royalty) Act 1967 .
(3) The Governor - General may make regulations in relation to transitional matters arising out of the repeal of the Petroleum (Submerged Lands) (Registration Fees) Act 1967 .
(4) The Governor - General may make regulations in relation to transitional matters arising out of the repeal of the Petroleum (Submerged Lands) Fees Act 1994 .
(5) This clause does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.
(1) A Joint Authority for an offshore area under this Act (other than the Joint Authority for the Principal Northern Territory offshore area or the Joint Authority for the Eastern Greater Sunrise offshore area) is, for all purposes, a continuation of the Joint Authority for the corresponding adjacent area under the Petroleum (Submerged Lands) Act 1967 .
(1A) The Joint Authority for the Principal Northern Territory offshore area under this Act is, for all purposes, a continuation of the Joint Authority in respect of the Principal Northern Territory PSL area under the Petroleum (Submerged Lands) Act 1967 .
(1B) The Joint Authority for the Eastern Greater Sunrise offshore area under this Act is, for all purposes, a continuation of the Joint Authority in respect of the Eastern Greater Sunrise area under the Petroleum (Submerged Lands) Act 1967 .
(2) Despite the repeal of subsections 8D(4) and (5) of the Petroleum (Submerged Lands) Act 1967 , those subsections continue to apply, in relation to a record or document signed before the commencement of this clause, as if that repeal had not happened.
Note 1: Subsection 8D(4) of the Petroleum (Submerged Lands) Act 1967 deals with the evidentiary effect of signed records of the decisions of a Joint Authority.
Note 2: Subsection 8D(5) of the Petroleum (Submerged Lands) Act 1967 deals with the legal effect of documents signed, on behalf of the Joint Authority, by the Designated Authority.
10 Joint Authority for an external Territory
(1) This clause applies to an act or thing that was done:
(a) by, or in relation to, the Designated Authority for an adjacent area of an external Territory under the Petroleum (Submerged Lands) Act 1967 ; and
(b) in, or in connection with, the performance of the functions, or the exercise of the powers, referred to in subsection 8G(1) of that Act.
(2) The act or thing has effect, after the commencement of this clause, as if it had been done by, or in relation to, the Joint Authority for the corresponding offshore area under this Act.
(1) A Designated Authority for an offshore area under this Act (other than the Designated Authority for the Principal Northern Territory offshore area or the Designated Authority for the Eastern Greater Sunrise offshore area) is, for all purposes, a continuation of the Designated Authority for the corresponding adjacent area under the Petroleum (Submerged Lands) Act 1967 .
(2) The Designated Authority for the Principal Northern Territory offshore area under this Act is, for all purposes, a continuation of the Designated Authority in respect of the Principal Northern Territory PSL area under the Petroleum (Submerged Lands) Act 1967 .
(3) The Designated Authority for the Eastern Greater Sunrise offshore area under this Act is, for all purposes, a continuation of the Designated Authority in respect of the Eastern Greater Sunrise area under the Petroleum (Submerged Lands) Act 1967 .
12 Chief Executive Officer of the National Offshore Petroleum Safety Authority
The office of Chief Executive Officer of the National Offshore Petroleum Safety Authority under this Act is, for all purposes, a continuation of the office of Chief Executive Officer of the National Offshore Petroleum Safety Authority under the Petroleum (Submerged Lands) Act 1967 .
13 Project inspectors--late commencement of greenhouse gas provisions
(1) This clause applies to an appointment of a person as an inspector in respect of an adjacent area or a part of an adjacent area if:
(a) the appointment was in force immediately before the commencement of this clause; and
(b) the appointment was made under section 125 of the Petroleum (Submerged Lands) Act 1967 ; and
(c) Schedule 1 to the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 does not commence immediately after the commencement of item 32 of Schedule 1 to the Offshore Petroleum Amendment (Miscellaneous Measures) Act 2008 .
(2) The appointment has effect, after the commencement of this clause, as if it had been an appointment of the person as a project inspector under section 600 of this Act in respect of the corresponding offshore area.
(3) For the purposes of subclause (2):
(a) the Principal Northern Territory offshore area under this Act is taken to correspond to the Principal Northern Territory PSL area under the Petroleum (Submerged Lands) Act 1967 ; and
(b) the Eastern Greater Sunrise offshore area under this Act is taken to correspond to the Eastern Greater Sunrise area under the Petroleum (Submerged Lands) Act 1967 .
13A Petroleum project inspectors--early commencement of greenhouse gas provisions
(1) This clause applies to an appointment of a person as an inspector in respect of an adjacent area if:
(a) the appointment was in force immediately before the commencement of section 600 of this Act; and
(b) the appointment was made under section 125 of the Petroleum (Submerged Lands) Act 1967 ; and
(c) Schedule 1 to the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 commences immediately after the commencement of item 32 of Schedule 1 to the Offshore Petroleum Amendment (Miscellaneous Measures) Act 2008 .
(2) The appointment has effect, after the commencement of this clause, as if it had been an appointment of the person as a petroleum project inspector under section 600 of this Act in respect of the corresponding offshore area.
13B Petroleum project inspectors--late commencement of greenhouse gas provisions
(1) This clause applies to an appointment of a person as a project inspector in respect of an offshore area if:
(a) the appointment was in force immediately before the commencement of this clause; and
(b) the appointment was made under section 600 of this Act; and
(c) Schedule 1 to the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 does not commence immediately after the commencement of item 32 of Schedule 1 to the Offshore Petroleum Amendment (Miscellaneous Measures) Act 2008 .
(2) The appointment has effect, after the commencement of this clause, as if it had been an appointment of the person as a petroleum project inspector under section 600 of this Act in respect of the offshore area.
The offshore area of a State or Territory under this Act corresponds to the area which, immediately before the repeal of the Petroleum (Submerged Lands) Act 1967 , was the adjacent area in respect of that State or Territory determined in accordance with section 5A of that Act.
Note: The offshore area of a State or Territory is defined by section 8.
(1) A section 469 Register for an offshore area under this Act (other than the Register for the Principal Northern Territory offshore area or the Register for the Eastern Greater Sunrise offshore area) is, for all purposes, a continuation of the Register for the corresponding adjacent area under the Petroleum (Submerged Lands) Act 1967 .
(1A) The section 469 Register for the Principal Northern Territory offshore area under this Act is, for all purposes, a continuation of the Register for the Principal Northern Territory PSL area under the Petroleum (Submerged Lands) Act 1967 .
(1B) The section 469 Register for the Eastern Greater Sunrise offshore area under this Act is, for all purposes, a continuation of the Register for the Eastern Greater Sunrise area under the Petroleum (Submerged Lands) Act 1967 .
(2) Subsection 516(1) of this Act has effect as if the reference in that subsection to Chapter 4 of this Act included a reference to Division 5 of Part III of the Petroleum (Submerged Lands) Act 1967 .
Note: Subsection 516(1) of this Act deals with the reception in evidence of a Register.
(3) Despite the repeal of subsection 87(2) of the Petroleum (Submerged Lands) Act 1967 , that subsection continues to apply, in relation to a copy or extract certified before the commencement of this clause, as if that repeal had not happened.
Note: Subsection 87(2) of the Petroleum (Submerged Lands) Act 1967 deals with the evidentiary effect of certified copies and extracts.
(4) Despite the repeal of subsection 87(3) of the Petroleum (Submerged Lands) Act 1967 , that subsection continues to apply, in relation to a certificate given before the commencement of this clause, as if that repeal had not happened.
Note: Subsection 87(3) of the Petroleum (Submerged Lands) Act 1967 is about evidentiary certificates.
16 Registration fees--transfer
(1) This clause applies if, before the commencement of this clause:
(a) an application for approval of a transfer of a title was made under section 78 of the Petroleum (Submerged Lands) Act 1967 ; and
(b) a payment was made in relation to the approval as mentioned in subsection 78(9) of that Act; and
(c) the Designated Authority had not entered in the Register a memorandum of the transfer.
(2) Subsection 479(3) of this Act has effect, in relation to the approval, as if that payment had been the payment mentioned in that subsection.
17 Registration fees--dealings
(1) This clause applies if, before the commencement of this clause:
(a) either:
(i) an application for approval of a dealing was made under section 81 of the Petroleum (Submerged Lands) Act 1967 ; or
(ii) a provisional application for approval of a dealing was made under section 81A of the Petroleum (Submerged Lands) Act 1967 ; and
(b) a payment was made in relation to the approval as mentioned in subsection 81(12) of that Act; and
(c) the Designated Authority had not made an entry in the Register of the approval.
(2) Subsection 494(3) of this Act has effect, in relation to the approval, as if that payment had been the payment mentioned in that subsection.
18 Retention and inspection of documents
(1) This clause applies if a provision of Division 5 of Part III of the Petroleum (Submerged Lands) Act 1967 required that a particular document be:
(a) retained by the Designated Authority; and
(b) made available for inspection in accordance with that Division.
(2) The document must be:
(a) retained by the Designated Authority; and
(b) made available for inspection in accordance with Chapter 4 of this Act.
19 Assessment of registration fee
Section 517 of this Act has effect as if:
(a) each reference in that section to the Registration Fees Act included a reference to the Petroleum (Submerged Lands) (Registration Fees) Act 1967 ; and
(b) the reference in paragraph (2)(b) of that section to section 512 of this Act included a reference to subsection 82(1) of the Petroleum (Submerged Lands) Act 1967 .
20 Payments by the Commonwealth to the States and the Northern Territory
(1) Despite the repeal of subsections 129(1), (2), (2A) and (3) of the Petroleum (Submerged Lands) Act 1967 , those subsections continue to apply, in relation to an amount received by the Commonwealth before the commencement of this clause, as if that repeal had not happened.
(2) Despite the repeal of subsections 129(1A), (2A) and (3) of the Petroleum (Submerged Lands) Act 1967 , those subsections continue to apply, in relation to an amount that became payable under Part III of that Act before the commencement of this clause, as if that repeal had not happened.
(3) If, apart from this subclause, the same amount would be counted for the purposes of a provision of section 129 of the Petroleum (Submerged Lands) Act 1967 and for the purposes of the corresponding provision of this Act, the amount is to be counted only for the purposes of one of those provisions.
(4) Section 76 of this Act has effect, in relation to an amount received by the Commonwealth, as if:
(a) the reference in subparagraph (1)(a)(i) of that section to this Act included a reference to the Petroleum (Submerged Lands) Act 1967 ; and
(b) the reference in subparagraph (1)(a)(ii) of that section to the Annual Fees Act included a reference to the Petroleum (Submerged Lands) Fees Act 1994 ; and
(c) the reference in subparagraph (1)(a)(iii) of that section to the Registration Fees Act included a reference to the Petroleum (Submerged Lands) (Registration Fees) Act 1967 .
21 Adjustment to period required or allowed for doing an act or thing etc.
30 days
(1) If:
(a) under a particular provision of the Petroleum (Submerged Lands) Act 1967 , a particular act or thing was required or permitted to be done within a period of one month; and
(b) if that Act had not been repealed, the period of one month would have:
(i) begun before the commencement of this clause; and
(ii) ended after the commencement of this clause; and
(c) under the corresponding provision of this Act, the act or thing is required or permitted to be done within 30 days; and
(d) the period of one month is longer than the period of 30 days;
this Act has effect as if the act or thing was required or permitted to be done within the period of one month instead of within the period of 30 days.
(2) If:
(a) under a particular provision of the Petroleum (Submerged Lands) Act 1967 , the Joint Authority or the Designated Authority was required to give not less than one month's notice of something; and
(b) the Joint Authority or the Designated Authority gave notice before the commencement of this clause; and
(c) if that Act had not been repealed, the period of one month would have:
(i) begun before the commencement of this clause; and
(ii) ended after the commencement of this clause; and
(d) under the corresponding provision of this Act, the Joint Authority or the Designated Authority is required to give at least 30 days notice of that thing; and
(e) the period of one month is longer than the period of 30 days;
this Act has effect as if the Joint Authority or the Designated Authority had been required to give at least one month's notice of that thing instead of at least 30 days notice.
90 days
(3) If:
(a) under a particular provision of the Petroleum (Submerged Lands) Act 1967 , a particular act or thing was required or permitted to be done within a period of 3 months; and
(b) if that Act had not been repealed, the period of 3 months would have:
(i) begun before the commencement of this clause; and
(ii) ended after the commencement of this clause; and
(c) under the corresponding provision of this Act, the act or thing is required or permitted to be done within 90 days; and
(d) the period of 3 months is longer than the period of 90 days;
this Act has effect as if the act or thing was required or permitted to be done within the period of 3 months instead of within the period of 90 days.
180 days
(4) If:
(a) under a particular provision of the Petroleum (Submerged Lands) Act 1967 , a particular act or thing was required or permitted to be done within a period of 6 months; and
(b) if that Act had not been repealed, the period of 6 months would have:
(i) begun before the commencement of this clause; and
(ii) ended after the commencement of this clause; and
(c) under the corresponding provision of this Act, the act or thing is required or permitted to be done within 180 days;
this Act has effect as if the act or thing was required or permitted to be done within the period of 6 months instead of within the period of 180 days.
22 Old titles--continuation in force beyond date of expiry
(1) This clause applies if, immediately before the commencement of this clause, an old title was being continued in force beyond its date of expiry subject to, and in accordance with, a particular provision of the Petroleum (Submerged Lands) Act 1967 .
(2) The old title continues in force subject to, and in accordance with, the corresponding provision of this Act.
Note: For example, see subsection 32(8) of the Petroleum (Submerged Lands) Act 1967 and subsection 119(5) of this Act.
23 Renewal of petroleum exploration permits
(1) The reference in item 1 of the table in subsection 122(2) of this Act to subsection 104(1) of this Act includes a reference to subsection 20(1) of the Petroleum (Submerged Lands) Act 1967 .
Note: Item 1 is about invitations to apply for the grant of a petroleum exploration permit.
(2) Sections 125 and 126 of this Act have effect, in relation to an application for the renewal of a petroleum exploration permit that is an old title, as if:
(a) each reference in those sections to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act included a reference to Part III of the Petroleum (Submerged Lands) Act 1967 ; and
(b) each reference in those sections to regulations under this Act included a reference to regulations under the Petroleum (Submerged Lands) Act 1967 .
24 Renewal of petroleum retention leases
Sections 154 and 155 of this Act have effect, in relation to an application for the renewal of a petroleum retention lease that is an old title, as if:
(a) each reference in those sections (other than subsection 155(8)) to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act included a reference to Part III of the Petroleum (Submerged Lands) Act 1967 ; and
(b) each reference in those sections to regulations under this Act included a reference to the regulations under the Petroleum (Submerged Lands) Act 1967 .
25 Grant of petroleum production licences over individual blocks
Section 183 of this Act has effect as if a petroleum production licence granted as a result of an application under section 51 of the Petroleum (Submerged Lands) Act 1967 had been granted under section 183 of this Act.
26 Renewal of fixed - term petroleum production licences
Sections 185 and 186 of this Act have effect, in relation to an application for the renewal of a fixed - term petroleum production licence that is an old title, as if:
(a) each reference in those sections to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act included a reference to Part III of the Petroleum (Submerged Lands) Act 1967 ; and
(b) each reference in those sections to regulations under this Act included a reference to the regulations under the Petroleum (Submerged Lands) Act 1967 .
Sections 221, 222, 223 and 224 of this Act have effect, in relation to an application for the grant of a pipeline licence in a case where the applicant is the licensee of a petroleum production licence that is an old title, as if:
(a) each reference in those sections to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act included a reference to Part III of the Petroleum (Submerged Lands) Act 1967 ; and
(b) each reference in those sections to regulations under this Act included a reference to the regulations under the Petroleum (Submerged Lands) Act 1967 .
28 Requirement to provide further information in connection with application for title
Section 258 of this Act has effect as if a requirement under any of the following provisions of the Petroleum (Submerged Lands) Act 1967 were a requirement under subsection 258(2) of this Act:
(a) subsection 21(4);
(b) subsection 22A(6);
(c) subsection 23(5);
(d) subsection 38A(3);
(e) subsection 38BB(3);
(f) subsection 38F(4);
(g) subsection 41(2);
(h) subsection 47(7);
(i) subsection 59B(3);
(j) subsection 59K(3);
(k) subsection 64(4);
(l) subsection 71(3).
29 Revocation of petroleum exploration permits, petroleum retention leases, petroleum production licences and petroleum access authorities
(1) If a petroleum exploration permit or petroleum retention lease was wholly determined under the Petroleum (Submerged Lands) Act 1967 , this Act has effect as if the permit or lease had been wholly revoked.
(2) If a petroleum exploration permit or petroleum retention lease was partly determined to a particular extent under the Petroleum (Submerged Lands) Act 1967 , this Act has effect as if the permit or lease had been partly revoked to that extent.
(3) If a petroleum production licence was determined under the Petroleum (Submerged Lands) Act 1967 , this Act has effect as if the licence had been revoked.
(4) If a petroleum retention lease was cancelled under section 38E of the Petroleum (Submerged Lands) Act 1967 , this Act has effect as if the lease had been revoked.
(5) If a petroleum access authority was cancelled under the Petroleum (Submerged Lands) Act 1967 , this Act has effect as if the authority had been revoked.
Section 270 of this Act has effect, in relation to the surrender of an old title, as if:
(a) the reference in subparagraph (3)(a)(i) of that section to this Act included a reference to the Petroleum (Submerged Lands) Act 1967 ; and
(b) the reference in subparagraph (3)(a)(ii) of that section to the Royalty Act included a reference to the Petroleum (Submerged Lands) (Royalty) Act 1967 ; and
(c) the reference in subparagraph (3)(a)(iii) of that section to the Annual Fees Act included a reference to the Petroleum (Submerged Lands) Fees Act 1994 ; and
(d) each reference in paragraphs (3)(b) and (5)(a) of that section to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act included a reference to Part III of the Petroleum (Submerged Lands) Act 1967 ; and
(e) each reference in paragraphs (3)(b) and (5)(a) of that section to regulations under this Act included a reference to regulations under the Petroleum (Submerged Lands) Act 1967 .
Sections 274 and 277 of this Act have effect, in relation to the cancellation of an old title, as if:
(a) each reference in those sections to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act included a reference to Part III of the Petroleum (Submerged Lands) Act 1967 ; and
(b) each reference in those sections to regulations under this Act included a reference to regulations under the Petroleum (Submerged Lands) Act 1967 ; and
(c) each reference in those sections to this Act included a reference to the Petroleum (Submerged Lands) Act 1967 ; and
(d) each reference in those sections to the Royalty Act included a reference to the Petroleum (Submerged Lands) (Royalty) Act 1967 ; and
(e) each reference in those sections to the Annual Fees Act included a reference to the Petroleum (Submerged Lands) Fees Act 1994 .
32 Commencement of works or operations
(1) This clause applies if, immediately before the commencement of this clause, an instrument under subsection 96(2) of the Petroleum (Submerged Lands) Act 1967 was in force in relation to:
(a) a petroleum exploration permit; or
(b) a petroleum retention lease; or
(c) an infrastructure licence; or
(d) a pipeline licence.
(2) The instrument ceases to be in force at the commencement of this clause.
(3) Subsection 568(2) of this Act has effect, in relation to the permit, lease or licence, as if the period specified in the instrument under paragraph 96(2)(b) of the Petroleum (Submerged Lands) Act 1967 had been allowed by the Designated Authority under paragraph 568(2)(b) of this Act.
33 Deduction of debts from proceeds of sale of property
Subsection 589(2) (as in force before the commencement of Schedule 11 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019 ) of this Act has effect as if:
(a) the reference in that subsection to this Act included a reference to the Petroleum (Submerged Lands) Act 1967 ; and
(b) the reference in that subsection to the Royalty Act included a reference to the Petroleum (Submerged Lands) (Royalty) Act 1967 ; and
(c) the reference in that subsection to the Annual Fees Act included a reference to the Petroleum (Submerged Lands) Fees Act 1994 .
(1) This clause applies if, immediately before the commencement of this clause, an authorisation under subsection 140A(4) of the Petroleum (Submerged Lands) Act 1967 was in force in relation to a person or a person included in a class of persons.
(2) This Act has effect as if the Designated Authority had made a declaration under subsection 615(2) of this Act in relation to that person, or a person included in that class of persons, as the case requires.
35 Release of regulatory information
Section 709 of this Act has effect as if the reference in that section to this Act included a reference to the Petroleum (Submerged Lands) Act 1967 .
36 Release of technical information--deemed time of receipt of certain information and samples
Drilling of a well
(1) For the purposes of Part 7.3 of this Act:
(a) cores and cuttings relating to the drilling of a well; and
(b) well data relating to the drilling of a well; and
(c) logs relating to the drilling of a well; and
(d) sample descriptions and other documents relating to the drilling of a well;
are taken to have been given to the Designated Authority not later than 30 days after the drilling of the well was, in the Designated Authority's opinion, substantially completed.
(2) Subclause (1) does not apply in relation to the drilling of a well unless the drilling of the well was, in the Designated Authority's opinion, substantially completed before 4 June 2004.
Geophysical or geochemical surveys
(3) For the purposes of Part 7.3 of this Act, geophysical or geochemical data relating to geophysical or geochemical surveys are taken to have been given to the Designated Authority not later than one year after the geophysical or geochemical field work was, in the Designated Authority's opinion, substantially completed.
(4) Subclause (3) does not apply in relation to a geophysical or geochemical survey unless the geophysical or geochemical field work was, in the Designated Authority's opinion, substantially completed before 4 June 2004.
37 Liability for acts and omissions
Despite the repeal of section 140AA of the Petroleum (Submerged Lands) Act 1967 , that section continues to apply, in relation to an act or matter done or omitted to be done before the commencement of this clause, as if that repeal had not happened.
38 Reconsideration and review of decisions
Sections 746 and 747 of this Act have effect as if:
(a) each reference in those sections to a reviewable delegated decision included a reference to a relevant decision within the meaning of section 152 of the Petroleum (Submerged Lands) Act 1967 ; and
(b) each reference in those sections to a reviewable Ministerial decision included a reference to a reviewable decision within the meaning of section 152 of the Petroleum (Submerged Lands) Act 1967 .
39 Meaning of petroleum in the Petroleum (Submerged Lands) Act 1967
Disregard the definition of petroleum in section 7 of this Act in determining the meaning that the expression petroleum has or had in the Petroleum (Submerged Lands) Act 1967 .
Clause 49 of Schedule 3 has effect, after the commencement of this clause, as if the following paragraphs were inserted after each of paragraphs (1)(c) and (2)(c) of that clause:
(d) to ascertain whether the requirements of, or any requirements properly made under:
(i) Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1967 (as in force before the commencement of this paragraph); or
(ii) the regulations (within the meaning of Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1967 as in force before 1 January 2005); or
(iii) regulations set out in or prescribed for the purposes of subsection 140H(2) of the repealed Petroleum (Submerged Lands) Act 1967 as in force during the period that began on 1 January 2005 and ended immediately before the commencement of this paragraph;
were being complied with before the commencement of this paragraph; or
(e) concerning a contravention, or possible contravention, before the commencement of this paragraph, of:
(i) Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1967 (as in force before the commencement of this paragraph); or
(ii) the regulations (within the meaning of Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1967 as in force before 1 January 2005); or
(iii) regulations set out in or prescribed for the purposes of subsection 140H(2) of the repealed Petroleum (Submerged Lands) Act 1967 as in force during the period that began on 1 January 2005 and ended immediately before the commencement of this paragraph; or
(f) concerning an accident or dangerous occurrence that has happened, before the commencement of this paragraph, in the performing of work (within the meaning of Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1967 as in force before the commencement of this paragraph).
Clause 89 of Schedule 3 has effect, after the commencement of this clause, as if each reference in that clause to a listed OHS law included a reference to:
(a) Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1967 as in force before the commencement of this clause; and
(b) the regulations within the meaning of that Schedule as in force before 1 January 2005; and
(c) regulations set out in or prescribed for the purposes of subsection 140H(2) of the repealed Petroleum (Submerged Lands) Act 1967 , to the extent that those regulations were in force before the commencement of this clause.
42 Disqualification of health and safety representatives
Subclause 32(2) of Schedule 3 to this Act has effect as if:
(a) the reference in that subclause to subclause 34(1) of that Schedule included a reference to the corresponding provision of Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1967 ; and
(b) the reference in that subclause to Schedule 3 to this Act included a reference to Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1967 .
43 Designated frontier areas for 2005
The Petroleum Resource Rent Tax Assessment Act 1987 has effect, and is taken always to have had effect, as if:
(a) the following areas had been specified in an instrument made under subsection 36B(1) of that Act on 17 April 2005:
(i) Area S05 - 2, as first gazetted in the South Australian Government Gazette on 14 April 2005 under subsection 20(1) of the repealed Petroleum (Submerged Lands) Act 1967 ;
(ii) Areas W05 - 5, W05 - 23 and W05 - 24, as first gazetted in the Western Australia Government Gazette on 15 April 2005 under subsection 20(1) of the repealed Petroleum (Submerged Lands) Act 1967 ; and
(b) subsection 36B(3) of the Petroleum Resource Rent Tax Assessment Act 1987 did not apply to that instrument.