Commonwealth Numbered Acts

PETROLEUM (SUBMERGED LANDS) LEGISLATION AMENDMENT ACT 1987 No. 106, 1987 - SECT 11

11. (1) Section 81 of the Principal Act is amended:

   (a)  by omitting subsection (4) and substituting the following subsections:

"(4) An application under subsection (3) for approval of a dealing:

   (a)  shall be accompanied by the instrument evidencing the dealing or, if
        that instrument has already been lodged with the Designated Authority
        for the purposes of another application, a copy of that instrument;
        and

   (b)  may be accompanied by an instrument setting out such particulars (if
        any) as are prescribed for the purposes of an application for approval
        of a dealing of that kind.

"(4A) An application under subsection (3) for approval of a dealing shall be
accompanied by 2 copies of:

   (a)  the application;

   (b)  the instrument referred to in paragraph (4) (a); and

   (c)  any instrument lodged for the purposes of paragraph (4) (b).";

   (b)  by omitting from subsection (8) "paragraph (4) (c) in so far as that
        paragraph" and substituting "subsection (4A) in so far as that
        subsection"; and

   (c)  by omitting subsection (13) and substituting the following
        subsections:

"(13) Where an entry is made in the Register in relation to a dealing in
accordance with subsection (12):

   (a)  if the dealing was approved before the commencement of section 11 of
        the Petroleum (Submerged Lands) Legislation Amendment Act 1987 or the
        application for approval of the dealing was not accompanied by an
        instrument for the purpose of paragraph (4) (b), one copy of the
        instrument evidencing the dealing endorsed with a memorandum of
        approval shall be retained by the Designated Authority and made
        available for inspection in accordance with this Division;

   (b)  if the application for approval of the dealing was accompanied by an
        instrument for the purpose of paragraph (4) (b), a copy of that
        instrument endorsed with a copy of the memorandum of approval of the
        dealing shall be retained by the Designated Authority and made
        available for inspection in accordance with this Division but a copy
        of the instrument evidencing the dealing shall not be so made
        available; and

   (c)  the original instrument evidencing the dealing, or a copy of the
        original instrument, as the case requires, endorsed with a memorandum
        of approval and the instrument (if any) lodged for the purpose of
        paragraph (4) (b) shall be returned to the person who made the
        application for approval.

"(13A) The approval of a dealing or the making of an entry in the Register in
relation to a dealing is not rendered ineffective by any failure to comply, in
relation to the application for approval of the dealing, with the requirements
of this section.".

(2) If, when the first regulations made for the purposes of paragraph 81 (4)
(b) of the Principal Act, as amended by this Act, take effect, an application
for approval of a dealing has been made but the Joint Authority has neither
approved nor refused to approve the dealing:

   (a)  the Designated Authority shall give to the applicant written notice
        that the applicant is entitled to lodge an instrument for the purpose
        of paragraph 81 (4) (b) in relation to the application;

   (b)  the applicant may lodge an instrument for the purpose of paragraph 81
        (4) (b);

   (c)  the application shall not be dealt with by the Joint Authority until
        after the end of 30 days after the day on which notice is given for
        the purpose of paragraph (a); and

   (d)  where the applicant lodges an instrument under paragraph (b), the
        applicant shall lodge with the instrument 2 copies of the instrument.

(3) An instrument lodged under subsection (2) shall be taken, for the purposes
of subsection 81 (13) of the Principal Act, as amended by this Act, to have
accompanied the application when the application was lodged.