Commonwealth Numbered Acts

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1980 No. 80, 1980 - SCHEDULE 4

                                   SCHEDULE 4                  Section 63 (2)

SCHEME FOR TRANSITIONAL ARRANGEMENTS

Interpretation
1. (1) In this scheme-



"altered arrangements" means the arrangements agreed on between the
Commonwealth, the States and the Northern Territory with respect to the
exploration for, and the exploitation of, the petroleum resources of certain
submerged lands in lieu of the arrangements provided for by the agreement
between the Commonwealth and the States dated 16 October, 1967;



"commencing day" means the day on which the Commonwealth Act for giving effect
to the altered arrangements comes into operation;



"Commonwealth Act" means the Petroleum (Submerged Lands) Act 1967 of the
Commonwealth, as amended from time to time;



"Commonwealth jurisdiction" means the areas comprised in the adjacent areas
under the Commonwealth Act, as amended to give effect to the altered
arrangements;



"new permit" means a permit that is to be deemed, under clause 2 of this
scheme, to be in force on and after the commencing day;



"new pipeline licence" means a pipeline licence that is to be deemed, under
clause 4 of this scheme, to be in force on and after the commencing day;



"pipeline" includes pumping stations, tank stations or valve stations related
to a pipeline;



"State Act" means the Act of a State corresponding to the Petroleum 
(Submerged Lands) Act 1967  of the Commonwealth, being that State Act as
amended from time to time, or the Act of the Northern Territory enacted to
give effect to the altered arrangements, as amended from time to time;



"State jurisdiction" in relation to a State, means the area comprised in the
adjacent area under the State Act of that State, as amended to give effect to
the altered arrangements;



"subsisting permit" means an exploration permit for petroleum subsisting under
the Commonwealth Act immediately before the commencing day, being a permit in
respect of an area that is partly in the Commonwealth jurisdiction and partly
in a State jurisdiction;



"subsisting pipeline licence" means a pipeline licence subsisting under the
Commonwealth Act immediately before the commencing day, being a pipeline
licence in respect of a pipeline that is, or is to be, partly in the
Commonwealth jurisdiction and partly in a State jurisdiction;

(2) References in this scheme to a State shall, unless the contrary intention
appears, be read as including references to the Northern Territory.

Subsisting permits to be deemed to be 2 permits

2. (1) On and after the commencing day but subject to the law relating to
surrender, cancellation, variation or suspension of permits, each subsisting
permit shall be deemed to comprise 2 permits, being-

   (a)  a permit under the Commonwealth Act, in respect of the portion of the
        permit area that is within the Commonwealth jurisdiction, for the
        balance of the period of the subsisting permit but otherwise in the
        same terms as the subsisting permit; and

   (b)  a permit under the State Act, in respect of the portion of the permit
        area that is within the State jurisdiction of a State, for the balance
        of the period of the subsisting permit but otherwise in the same terms
        as the subsisting permit.

(2) The carrying out of work or the expenditure of money by the permittee in
or in relation to the permit area of either of the new permits (whether before
or after the commencing day) is to be taken into account as performance to the
extent of that work or expenditure of the conditions of both the new permits.

(3) For the purposes of any condition of a new permit relating to the carrying
out of work or the expending of moneys by the permittee-

   (a)  a reference in that condition to a year of the permit shall be read as
        a reference to a year that was, or would have been, that year of the
        subsisting permit; and

   (b)  the new permits shall be deemed to have been in force during the whole
        of the year of the subsisting permit that is current on the commencing
        day.

(4) A variation or suspension of, or an exemption from compliance with, any of
the conditions of a new permit arising out of a subsisting permit shall not
have effect unless the same variation, suspension or exemption is effected in
respect of the other new permit arising out of the same subsisting permit.

(5) In a matter arising under a State Act in relation to a new permit, being a
matter of a kind that, if it arose under the Commonwealth Act, would be a
matter for decision by, or could be referred to, a Joint Authority established
under the Commonwealth Act, the Designated Authority under the State Act shall
not take action except after consultation with the Commonwealth Minister.

Renewal of permits
3. (1) A person who holds 2 new permits arising out of a subsisting permit may
apply under the Commonwealth Act for renewal of the new permit under that Act
and may apply under the State Act for renewal of the new permit under that
Act, or may make either of such applications.

(2) If a person who was the holder of 2 new permits arising out of a
subsisting permit has ceased to be the holder of one of those permits, he may
apply under the Commonwealth Act or the State Act, whichever is appropriate,
for renewal of the other new permit, and the relevant Act shall apply in
relation to such an application as if the new permit had been a permit granted
under that Act in respect of the blocks that are comprised in the new permit.

(3) Where the holder of 2 new permits arising out of a subsisting permit
wishes to apply for renewal of either or both of the new permits, the blocks
that were comprised in the subsisting permit that may be included, in whole or
in part, in the application or applications shall be selected in accordance
with the Commonwealth Act as if the new permits were one permit under the
Commonwealth Act and the application or applications were an application under
that Act for renewal of that permit.

(4) For the purposes of sub-clause (3) of this clause, the Designated
Authority under the Commonwealth Act may exercise his powers under
sub-sections (5) and (6) of section 31 of the Commonwealth Act.

(5) An application referred to in sub-clause (3) of this clause under the
Commonwealth Act shall relate to the blocks selected in accordance with that
sub-clause, and parts of those blocks, that are within the Commonwealth
jurisdiction and an application referred to in that sub-clause under the State
Act shall relate to the blocks so selected, and parts of those blocks, that
are within the State jurisdiction.

(6) Subject to the foregoing provisions of this clause, an application under
the Commonwealth Act made in accordance with this clause shall be dealt with
under the Commonwealth Act and an application under the State Act made in
accordance with this clause shall be dealt with under the State Act.

(7) For the purposes of the application, in accordance with this clause, of
the provisions of the Commonwealth Act or of a State Act relating to the
renewal of permits, a reference in those provisions to compliance with the
conditions to which the permit is subject shall be read as including a
reference to compliance with the conditions to which the subsisting permit was
subject before the commencing day.

Subsisting pipeline licences to be deemed to be 2 licences
4. (1) On and after the commencing day but subject to the law relating to
surrender, cancellation or variation of pipeline licences, each subsisting
pipeline licence shall be deemed to comprise 2 pipeline licences, being-

   (a)  a pipeline licence under the Commonwealth Act, in respect of the
        portion of the pipeline that is, or is to be, within the Commonwealth
        jurisdiction, for the balance of the period of the subsisting pipeline
        licence but otherwise in the same terms as the subsisting pipeline
        licence, but so that those terms shall have effect only to the extent
        that they are applicable to or in relation to the portion of the
        pipeline that is, or is to be, within the Commonwealth jurisdiction;
        and

   (b)  a pipeline licence under the State Act, in respect of the portion of
        the pipeline that is, or is to be, within the State jurisdiction of a
        State, for the balance of the period of the subsisting pipeline
        licence but otherwise in the same terms as the subsisting pipeline
        licence, but so that those terms shall have effect only to the extent
        that they are applicable to or in relation to the portion of the
        pipeline that is, or is to be, within that State jurisdiction.

(2) For the purposes of the application, in relation to a new pipeline
licence, of the provisions of the Commonwealth Act or of a State Act relating
to the renewal of pipeline licences, a reference in those provisions to
compliance with the conditions to which the pipeline licence is subject shall
be read as including a reference to compliance with the conditions to which
the subsisting permit was subject before the commencing day.

Transfer of permits and pipeline licences
5. A transfer of a new permit arising out of a subsisting permit or of a new
pipeline licence arising out of a subsisting pipeline licence shall not be
made unless a transfer to the same transferee of the other new permit or new
pipeline licence arising out of that subsisting permit or subsisting pipeline
licence (if that other permit or licence is still in force) is made at the
same time and neither of such transfers has effect before the other transfer
has been approved in accordance with the Commonwealth Act, or the relevant
State Act, as the case requires.

Preservation of existing interests and rights
6. All legal and equitable interests and rights that existed immediately
before the commencing day in or in relation to a subsisting permit or
subsisting pipeline licence, to the extent that those interests or rights were
applicable in relation to the permit area of a new permit arising out of that
subsisting permit, or to the portion of the pipeline to which a new pipeline
licence arising out of that subsisting pipeline licence relates, shall be
deemed to continue in or in relation to that new permit or new pipeline
licence.

Saving of approvals, etc.
7. Every approval, consent or direction given before the commencing day under
or in relation to a subsisting permit or subsisting pipeline licence has
effect, on and after the commencing day, in relation to each new permit or new
pipeline licence arising out of that subsisting permit or subsisting pipeline
licence, as if it were a corresponding approval, consent or direction given
under or in relation to that new permit or new pipeline licence.

Existing register
8. The Register kept and maintained by the Designated Authority for the
purposes of the Commonwealth Act immediately before the commencing day shall
continue to be the Register for the purposes of the Commonwealth Act and,
except as provided in clause 9, shall cease on that day to be the Register for
the purposes of a State Act.

Registration of, and of instruments relating to, subsisting permits and
pipeline licences
9. (1) This clause applies to-

   (a)  every instrument being a subsisting permit or subsisting pipeline
        licence; and

   (b)  any instrument by which such a permit or licence has been transferred
        or by which a legal or equitable interest in or affecting such a
        permit or licence has or may have been created, assigned, affected or
        dealt with, being an instrument in respect of which an entry or
        notation has been made before the commencing day in the Register kept
        for the purposes of the Commonwealth Act.

(2) On the commencing day, the Designated Authority under the Commonwealth Act
shall forthwith make such entries in the Register referred to in sub-clause
(1) and on copies of instruments to which this clause applies that are kept by
him as he thinks appropriate to indicate that instruments to which this clause
applies have effect subject to the provisions of this Scheme.

(3) For the purposes of a State Act but subject to sub-clause (4), the
Commonwealth Register shall be deemed to be the State Register in relation to
instruments to which this clause applies to the extent that they have effect
under a State Act in accordance with this Scheme, transfers of interests under
such instruments, and instruments by which legal or equitable interests in or
affecting interests under such instruments are or may be created.

(4) The Designated Authority under a State Act may, if he thinks fit to do so,
make entries in the Register kept by him under the State Act, in accordance
with the State Act, in respect of a subsisting permit or subsisting pipeline
licence that has effect, in accordance with this Scheme, under the law of
the State, and if he does so-

   (a)  he shall make an appropriate entry of the kind referred to in
        sub-clause (2); and

   (b)  the Commonwealth Register shall cease to be deemed to be the State
        Register in relation to that permit or licence to the extent that it
        has effect under the State Act in accordance with this Scheme, or in
        relation to instruments of the kind referred to in sub-clause (3)
        affecting that permit or licence as so having effect.".

Fees
10. In the application in relation to, or to transactions in respect of, a new
permit or new pipeline licence of the laws of the Commonwealth and of
the States relating to fees-

   (a)  a reference to a year of the term of the permit or licence shall be
        read as a reference to a year that would have been a year of the term
        of the subsisting permit or subsisting pipeline licence commencing on
        or after the commencing day;

   (b)  fees in respect of a year of the term of the subsisting permit or
        subsisting pipeline licence that commenced before the commencing day
        and not paid before the commencing day shall be payable in accordance
        with the law that was in force immediately before that day; and

   (c)  a person is not liable to pay by way of such fees in respect of any
        year or transaction, a greater total amount than would have been
        payable if the subsisting permit or subsisting licence had continued
        in force and the whole of the permit area, or the whole of the
        pipeline, had been within the Commonwealth jurisdiction.

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