Commonwealth Numbered Acts

PETROLEUM (SUBMERGED LANDS) LEGISLATION AMENDMENT ACT 1987 No. 106, 1987 - SECT 13

13. (1) Section 103 of the Principal Act is amended:

   (a)  by omitting subsection (1) and substituting the following subsections:

"(1) Where:

   (a)  a permit, lease, licence or pipeline licence is, under this Part, to
        be deemed to continue in force until the Joint Authority grants, or
        refuses to grant, the renewal of the permit, lease, licence or
        pipeline licence;

   (b)  a licence is varied under section 45;

   (c)  a licensee enters into an agreement under section 59, or a direction
        is given to a licensee under that section;

   (d)  a permit, lease or licence is partly cancelled, partly determined or
        surrendered as to one or more but not all of the blocks in respect of
        which it is in force;

   (e)  a pipeline licence is varied under section 71 or 72;

   (f)  a direction is given to a pipeline licensee under section 73;

   (g)  a pipeline licence is partly cancelled;

   (h)  a permittee, lessee or licensee consents to the making of a
        determination under section 149;

   (j)  a permittee, lessee, licensee or pipeline licensee applies, by written
        instrument served on the Designated Authority:

        (i)    for a variation or suspension of; or

        (ii)   for exemption from compliance with;
any of the conditions to which the permit, lease, licence or pipeline licence
is subject; or

   (k)  the Designated Authority or Joint Authority, under this Part or the
        regulations, gives a direction or consent to a permittee, lessee,
        licensee or pipeline licensee;
the Joint Authority may, at any time, by written instrument served on the
permittee, lessee, licensee or pipeline licensee:

   (m)  vary or suspend; or

   (n)  exempt the permittee, lessee, licensee or pipeline licensee from
        compliance with; any of the conditions to which the permit, lease,
        licence or pipeline licence is subject, upon such conditions, if any,
        as the Joint Authority determines and specifies in the instrument.

"(1A) Where:

   (a)  an access authority is granted in respect of a block the subject of a
        permit, lease or licence, or an access authority as in force in
        respect of such a block is varied;

   (b)  the holder of a special prospecting authority or access authority
        applies, by written instrument served on the Designated Authority:

        (i)    for a variation or suspension of; or

        (ii)   for exemption from compliance with;
any of the conditions to which the special prospecting authority or access
authority is subject; or

   (c)  the Designated Authority, under this Part or the regulations, gives a
        direction or consent to the holder of a special prospecting authority
        or access authority;
the Designated Authority may, at any time, by written instrument served on the
holder of the special prospecting authority or access authority:

   (d)  vary or suspend; or

   (e)  exempt the holder of the special prospecting authority or access
        authority from compliance with;
any of the conditions to which the special prospecting authority or access
authority is subject, upon such conditions, if any, as the Designated
Authority determines and specifies in the instrument."; and

   (b)  by omitting from subsection (3) "Designated" and substituting "Joint".

(2) Where:

   (a)  before the commencement of this section, an application was made for
        the purpose of paragraph 103 (1) (j) of the Principal Act;

   (b)  the application was made by a permittee, lessee, licensee or pipeline
        licensee; and

   (c)  at the commencement of this section, the Designated Authority or the
        Joint Authority had not granted the variation, suspension or exemption
        sought by the application and had not informed the applicant that the
        application was refused; section 103 of the Principal Act, as amended
        by this Act, applies as if:

   (d)  this section had been in operation when the application was made; and

   (e)  the application had been made for the purposes of section 103 of the
        Principal Act, as amended by this Act.

(3) A variation, suspension or exemption in force under section 103 of the
Principal Act immediately before the commencement of this section has the same
operation after that commencement as it would have had if:

   (a)  this section had been in operation when the variation, suspension or
        exemption was granted; and

   (b)  the variation, suspension or exemption had been granted under section
        103 of the Principal Act, as amended by this Act.