Victorian Current Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 141A

    (1)     This section applies if—

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

              (ii)     falls within the offshore area; and

        (c)     either—

              (i)     the conditions set out in subsection (2) are satisfied; or

              (ii)     the conditions set out in subsection (3) are satisfied; and

        (d)     there are one or more section 37 blocks (the  relevant section 37 blocks ) that—

              (i)     correspond to the section 37 blocks that were covered by the Commonwealth petroleum retention title immediately before the change; and

              (ii)     are in the offshore area; and

              (iii)     are not the subject of a variation under section 263A.

    (2)     The conditions mentioned in subsection (1)(c)(i) are—

        (a)     one or more, but not all, of the section 37 blocks that were covered by the Commonwealth petroleum retention title immediately before the change are in the relevant area; and

        (b)     the title subsequently ceases to be in force at the same time (the "relevant time")—

              (i)     as to all of the section 37 blocks that were covered by the title immediately before the change and that are in the Commonwealth defined offshore area; and

              (ii)     otherwise than as the result of the cancellation or surrender of the title.

    (3)     The conditions mentioned in subsection (1)(c)(ii) are—

        (a)     all of the section 37 blocks that were covered by the Commonwealth petroleum retention title immediately before the change are in the relevant area; and

        (b)     the title subsequently ceases to be in force at the same time (the "relevant time")—

              (i)     as to all of the section 37 blocks that were covered by the title immediately before the change; and

              (ii)     otherwise than as the result of the cancellation or surrender of the title.

    (4)     The Minister is taken—

        (a)     to have granted the holder of the Commonwealth petroleum retention title a petroleum retention lease over the relevant section 37 blocks; and

        (b)     to have done so immediately after the relevant time mentioned in whichever of subsection (2) or (3) is applicable.

Note

For the duration of the petroleum retention lease, see section 128(1A).

    (5)     If, after the change to the boundary of the offshore area—

        (a)     a part of a section 37 block that was covered by the Commonwealth petroleum retention title immediately before the change is in the Commonwealth defined offshore area; and

        (b)     the remaining part of the section 37 block is in the offshore area—

then, for the purposes of this section (other than this subsection), each of those parts is taken to constitute, and to have always constituted, a section 37 block.

    (6)     In this section—

section 37 block means—

        (a)     a block constituted as provided by section 37; or

        (b)     if a graticular section is wholly within the area that was covered by the Commonwealth petroleum retention title—the graticular section; or

        (c)     if a part only of a graticular section is within the area that was covered by the Commonwealth petroleum retention title—that part of the graticular section.

Note

See also subsection (5).

Division 3 —Renewal of petroleum retention leases