OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 263A Variation of a State title—including an area as the result of a change to the boundary of the offshore area

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 263A

Variation of a State title—including an area as the result of a change to the boundary of the offshore area

(1) This section applies if—

(a) a Commonwealth 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 offshore area, the relevant area—

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

(ii) falls within the offshore area; and

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

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

(d) immediately before the relevant time mentioned in whichever of subsection (2) or (3) is applicable—

(i) the Commonwealth title was held by the registered holder of a State title that corresponds to the Commonwealth title; and

(ii) at least one section 37 block covered by the State title immediately adjoined at least one other section 37 block that was covered by the Commonwealth title and that is in the relevant area; and

(e) before the relevant time mentioned in whichever of subsection (2) or (3) is applicable—

(i) the holder of the Commonwealth title; and

(ii) the registered holder of the State title—

gave the Minister a written notice electing to accept the variation under this section of the State title.

Note

For when a State title corresponds to a Commonwealth title, see subsection (12).

(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 title immediately before the change are in the relevant area; and

(b) the Commonwealth 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 Commonwealth 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 Commonwealth title.

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

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

(b) the Commonwealth 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 Commonwealth title immediately before the change; and

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

(4) If the conditions set out in subsection (1)(d) and (e) are met by only one State title, that title is the relevant State title for the purposes of this section.

(5) If the conditions set out in subsection (1)(d) and (e) would, apart from this subsection, be met by 2 or more State titles that have the same registered holder, the Minister must, by written notice given to the registered holder, declare that one of those State titles is the relevant State title for the purposes of this section.

(6) If the relevant State title is a petroleum exploration permit—

(a) the Minister must, by written notice given to the permittee, vary the permit to include in the permit area all of the section 37 blocks that—

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

(ii) are in the offshore area; and

(b) the section 37 blocks included in the permit area because of the variation are, for the remainder of the term of the permit, blocks in relation to which the permit is in force.

(7) If the relevant State title is a petroleum retention lease—

(a) the Minister must, by written notice given to the lessee, vary the lease to include in the lease area all of the section 37 blocks that—

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

(ii) are in the offshore area; and

(b) the section 37 blocks included in the lease area because of the variation are, for the remainder of the term of the lease, blocks in relation to which the lease is in force.

(8) If the relevant State title is a petroleum production licence—

(a) the Minister must, by written notice given to the licensee, vary the licence to include in the licence area all of the section 37 blocks that—

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

(ii) are in the offshore area; and

(b) the section 37 blocks included in the licence area because of the variation are, for the remainder of the term of the licence, blocks in relation to which the licence is in force.

(9) Subsections (6)(b), (7)(b) and (8)(b) have effect subject to this Chapter.

(10) A variation under subsection (6)(a), (7)(a) or (8)(a) takes effect immediately after the relevant time mentioned in whichever of subsection (2) or (3) is applicable.

(11) For the purposes of this section, a section 37 block immediately adjoins another section 37 block if—

(a) the graticular section that constitutes or includes that section 37 block and the graticular section that constitutes or includes that other section 37 block—

(i) have a side in common; or

(ii) are joined together at one point only; or

(b) that section 37 block and that other section 37 block are in the same graticular section.

(12) For the purposes of this section—

(a) a petroleum exploration permit granted otherwise than by way of renewal corresponds to a Commonwealth petroleum exploration title granted otherwise than by way of renewal; and

(b) a petroleum retention lease corresponds to a Commonwealth petroleum retention title; and

(c) a petroleum production licence corresponds to a fixed-term Commonwealth petroleum production title granted by way of renewal or otherwise; and

(d) a petroleum exploration permit granted by way of first renewal corresponds to a Commonwealth petroleum exploration title granted by way of first renewal; and

(e) a petroleum exploration permit granted by way of second renewal corresponds to a Commonwealth petroleum exploration title granted by way of second renewal.

(13) 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 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.

(14) In this section—

"Commonwealth title" means—

(a) a Commonwealth petroleum exploration title; or

(b) a Commonwealth petroleum retention title; or

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 title concerned—the graticular section; or

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

Note