Victorian Current Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 11

    (1)     For the purposes of this Act, the table has effect—

Renewal of titles
Item	Column 1 A reference in this Act to...	Column 2 is a reference to...
1	the renewal, or the grant of a renewal, of a petroleum exploration permit	the grant of a petroleum exploration permit over some or all of the blocks specified in the permit mentioned in column 1, to begin on—
		(a)     the day after the expiry date of the permit mentioned in column 1; or (b)     the day after the expiry date of the petroleum exploration permit granted on a previous renewal of the permit mentioned in column 1.
2	the renewal, or the grant of a renewal, of a petroleum retention lease	the grant of a petroleum retention lease over all of the blocks in relation to which the lease mentioned in column 1 was in force, to begin on—
		(a)     the day after the expiry date of the lease mentioned in column 1; or (b)     the day after the expiry date of the petroleum retention lease granted on a previous renewal of the lease mentioned in column 1.
3	the renewal, or the grant of a renewal, of a petroleum production licence	the grant of a petroleum production licence over the block or blocks specified in the licence mentioned in column 1, to begin on—
		(a)     the day after the expiry date of the licence mentioned in column 1; or (b)     the day after the expiry date of the petroleum production licence granted on a previous renewal of the licence mentioned in column 1.

S. 11(2) inserted by No. 16/2018 s. 5.

    (2)     If—

        (a)     a petroleum exploration permit has been granted on the basis that an area (the  relevant area ) is within the offshore area; and

        (b)     as a result of a change to the boundary of the offshore area, the relevant area—

              (i)     ceases to be within the offshore area; and

              (ii)     falls within the Commonwealth defined offshore area; and

        (c)     immediately before the change, the relevant area was a part of the permit area—

then, in determining what constitutes the renewal, or the grant of a renewal, of the permit, item 1 of the table in subsection (1) has effect as if—

        (d)     the permit had been varied to exclude from the permit area any area that is not within
the offshore area; and

        (e)     the variation had taken effect immediately after the change.

Note

This means that an application for renewal of the permit may be made, and the permit may be renewed, as if the permit had been so varied.

S. 11(3) inserted by No. 16/2018 s. 5.

    (3)     If—

        (a)     a petroleum retention lease has been granted on the basis that an area (the  relevant area ) is within the offshore area; and

        (b)     as a result of a change to the boundary of the offshore area, the relevant area—

              (i)     ceases to be within the offshore area; and

              (ii)     falls within the Commonwealth defined offshore area; and

        (c)     immediately before the change, the relevant area was a part of the lease area—

then, in determining what constitutes the renewal, or the grant of a renewal, of the lease, item 2 of the table in subsection (1) has effect as if—

        (d)     the lease had been varied to exclude from the lease area any area that is not within the offshore area; and

        (e)     the variation had taken effect immediately after the change.

Note

This means that an application for renewal of the lease may be made, and the lease may be renewed, as if the lease had been so varied.

S. 11(4) inserted by No. 16/2018 s. 5.

    (4)     For the purposes of subsections (2) and (3)—

        (a)     disregard section 278; and

        (b)     it is immaterial whether the change occurred before, at or after the commencement of this subsection.

S. 12 amended by No. 16/2018 s. 6 (ILA s. 39B(1)).