Commonwealth Numbered Acts

PETROLEUM (SUBMERGED LANDS) LEGISLATION AMENDMENT ACT 1987 No. 106, 1987 - SECT 9

9. (1) Sections 36 and 37 of the Principal Act are repealed and the following
sections are substituted: Nomination of blocks as location

"36. (1) Where a petroleum pool is identified in a permit area, the permittee
may nominate the block in which the pool is situated, or the blocks (being
blocks within the permit area) to which the pool extends, for declaration as a
location.

"(2) Where 2 or more petroleum pools are identified in a permit area, the
permittee may, instead of making a nomination under subsection (1) in relation
to each pool, nominate all of the blocks to which the pools extend, or to
which any 2 or more of the pools extend, for declaration as a single location.

"(3) A nomination may not be made under subsection (2) unless, in the case of
each of the pools to which the nomination relates, at least one of the blocks
to which the pool extends immediately adjoins a block to which the other, or
another, of those pools extends.

"(4) A nomination by a permittee shall be in writing and served on the
Designated Authority.

"(5) A nomination may not be made by a permittee unless the permittee or
another person has, whether within or outside the permit area, recovered
petroleum from the petroleum pool to which the nomination relates or, if the
nomination relates to more than one pool, from each of those pools.

"(6) Where:

   (a)  the Joint Authority is of the opinion that a permittee is entitled to
        nominate a block or blocks under subsection (1) or (2); and

   (b)  the permittee has not done so; the Joint Authority may require the
        permittee to exercise the permittee's right to nominate the block or
        blocks within 3 months after the date of the making of the
        requirement.

"(7) A requirement by the Joint Authority under subsection (6) shall be by
written notice served on the permittee.

"(8) On written request by a permittee within the period fixed by subsection
(6), the Joint Authority may extend the time for compliance with a requirement
under that subsection by not more than 3 months.

"(9) If a permittee fails to comply with a requirement under subsection (6),
the Joint Authority may, by written notice served on the permittee, nominate
the block or blocks for declaration as a location. Declaration of location

"37. (1) Where:

   (a)  a permittee has made a nomination under section 36; and

   (b)  the Joint Authority is of the opinion that the permittee is entitled
        under that section to nominate the block or blocks specified in the
        nomination; the Joint Authority shall, by notice published in the
        Gazette, declare the block or blocks to which the nomination relates
        to be a location.

"(2) Where the Joint Authority has made a nomination under subsection 36 (9),
the Joint Authority shall, by notice published in the Gazette, declare the
block or blocks to which the nomination relates to be a location.

"(3) The Joint Authority may, at the request of the permittee, revoke a
declaration.

"(4) The Joint Authority may vary a declaration:

   (a)  by adding to the location a block in the permit area to which, in the
        opinion of the Joint Authority, a petroleum pool within the location
        extends; or (b) deleting from the location a block to which, in the
        opinion of the Joint Authority, no petroleum pool within the location
        extends.

"(5) The Joint Authority may not vary a declaration unless:

   (a)  the Joint Authority has caused to be served on the permittee notice in
        writing of the proposed variation, identifying the block to be added
        to, or deleted from, the location;

   (b)  the period of 30 days after the date of service of the notice has
        expired; and

   (c)  the Joint Authority has considered any matters submitted to it by the
        permittee in relation to the proposed variation.

"(6) Subsection (5) does not apply where a variation is made at the request of
the permittee.".

(2) Where:

   (a)  at the commencement of this section, a nomination had been made under
        section 36 of the Principal Act; and

   (b)  at that commencement, a declaration had not been made under section 37
        as a result of the making of the nomination; sections 36, 37 and 38 of
        the Principal Act, as in force immediately before the commencement of
        this section, continue to have effect in relation to that nomination
        and the block or blocks that would be affected by a declaration as if
        this Act had not been enacted.

(3) A declaration made under section 37 of the Principal Act as continued in
force by subsection (2) has effect, and the Principal Act, as amended by this
Act, applies to the declaration, as if the declaration had been made under
that section as amended by this Act.

(4) A declaration in force under section 37 of the Principal Act immediately
before the commencement of this section has effect after that commencement as
if it were a declaration under section 37 of the Principal Act, as amended by
this Act.

(5) Where:

   (a)  the permittee under a permit granted before the commencement of this
        section applies under section 40 of the Principal Act, as amended by
        this Act, for a licence;

   (b)  the location that includes the block or blocks to which the
        application relates was declared under section 37 of the Principal
        Act, as amended by this Act;

   (c)  the location consists of not more than 8 blocks;

   (d)  the Joint Authority notifies the applicant in writing that, in its
        opinion, the number of blocks specified in the notification represents
        the maximum number of blocks that the applicant would have been
        entitled to have declared as a location instead of the block or blocks
        constituting the location referred to in paragraph (b) if this Act had
        not been enacted; and

   (e)  the number of blocks specified in the notification exceeds the number
        of blocks in the location referred to in paragraph (b); subsection 40
        (1) of the Principal Act, as amended by this Act, applies as if the
        first-mentioned location were constituted by the number of blocks
        specified in the notification referred to in paragraph (d).

(6) Where:

   (a)  a lessee under a lease of a block or blocks for which a permit was
        granted before the commencement of this section applies under section
        40B of the Principal Act, as amended by this Act, for a licence;

   (b)  the location that includes the block or blocks to which the
        application relates was declared under section 37 of the Principal
        Act, as amended by this Act;

   (c)  the location consists of not more than 8 blocks;

   (d)  the Joint Authority notifies the applicant in writing that, in its
        opinion, the number of blocks specified in the notification represents
        the maximum number of blocks that the applicant would have been
        entitled to have declared as a location instead of the block or blocks
        constituting the location referred to in paragraph (b) if this Act had
        not been enacted; and

   (e)  the number of blocks specified in the notification exceeds the number
        of blocks in the location referred to in paragraph (b); subsection 40B
        (2) of the Principal Act, as amended by this Act, applies as if the
        lease were in respect of the number of blocks specified in the
        notification referred to in paragraph (d).