Western Australian Current Acts Western Australian Current Acts (1) In this section
—
Commonwealth title means —
(a) a
Commonwealth permit; or
(b) a
Commonwealth lease; or
(c) a
Commonwealth licence;
fixed-term WA licence means a licence granted for
a fixed period of years;
petroleum title means a permit, lease or licence;
section 17 block means —
(a) a
block constituted as provided by section 17; 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 for this definition:
See also subsection
(14).
(2) This section
applies if —
(a) a
Commonwealth title 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 adjacent area;
and
(c)
either —
(i)
the conditions set out in subsection (3) are satisfied;
or
(ii)
the conditions set out in subsection (4) are satisfied;
and
(d)
immediately before the relevant time mentioned in whichever of subsection (3)
or (4) is applicable —
(i)
the Commonwealth title was held by the registered holder
of a petroleum title that corresponds to the Commonwealth title; and
(ii)
at least one section 17 block covered by the petroleum
title immediately adjoined at least one other section 17 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 (3) or (4) is
applicable —
(i)
the registered holder of the Commonwealth title; and
(ii)
the registered holder of the petroleum title,
gave the Minister a
written notice electing to accept the variation under this section of the
petroleum title.
Note for this subsection:
For when a petroleum
title corresponds to a Commonwealth title, see subsection (13).
(3) The conditions
mentioned in subsection (2)(c)(i) are —
(a) one
or more, but not all, of the section 17 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 17 blocks that were covered by
the Commonwealth title immediately before the change and that are in the
offshore area; and
(ii)
otherwise than as the result of the cancellation or
surrender of the Commonwealth title.
(4) The conditions
mentioned in subsection (2)(c)(ii) are —
(a) all
of the section 17 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 17 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.
(5) If the conditions
set out in subsection (2)(d) and (e) are met in relation to only one petroleum
title, that petroleum title is the relevant petroleum title for the purposes
of this section.
(6) If the conditions
set out in subsection (2)(d) and (e) would, apart from this subsection, be met
in relation to 2 or more petroleum titles that have the same registered
holder, the Minister must, by written notice given to the registered holder,
declare that one of those petroleum titles is the relevant petroleum title for
the purposes of this section.
(7) If the relevant
petroleum title is a 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 17 blocks that —
(i)
correspond to the section 17 blocks that were covered by
the Commonwealth title immediately before the change; and
(ii)
are in the adjacent area;
and
(b) the
section 17 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.
(8) If the relevant
petroleum title is a 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 17 blocks that —
(i)
correspond to the section 17 blocks that were covered by
the Commonwealth title immediately before the change; and
(ii)
are in the adjacent area;
and
(b) the
section 17 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.
(9) If the relevant
petroleum title is a 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 17 blocks that —
(i)
correspond to the section 17 blocks that were covered by
the Commonwealth title immediately before the change; and
(ii)
are in the adjacent area;
and
(b) the
section 17 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.
(10) Subsections
(7)(b), (8)(b) and (9)(b) have effect subject to this Part.
(11) A variation
mentioned in subsection (7)(a), (8)(a) or (9)(a) takes effect immediately
after the relevant time mentioned in whichever of subsection (3) or (4) is
applicable.
(12) For the purposes
of this section, a section 17 block immediately adjoins another section 17
block if —
(a) the
graticular section that constitutes or includes that section 17 block and the
graticular section that constitutes or includes that other section 17 block
—
(i)
have a side in common; or
(ii)
are joined together at one point only;
or
(b) that
section 17 block and that other section 17 block are in the same graticular
section.
(13) For the purposes
of this section —
(a) a
permit granted otherwise than by way of renewal corresponds to a Commonwealth
permit granted otherwise than by way of renewal; and
(b) a
lease corresponds to a Commonwealth lease; and
(c) a
fixed-term WA licence granted otherwise than by way of renewal corresponds to
a Commonwealth licence granted otherwise than by way of renewal; and
(d) a
permit granted by way of first renewal corresponds to a Commonwealth permit
granted by way of first renewal; and
(e) a
fixed-term WA licence granted by way of first renewal corresponds to a
Commonwealth licence granted by way of first renewal; and
(f) a
permit granted by way of second renewal corresponds to a Commonwealth permit
granted by way of second renewal; and
(g) a
fixed-term WA licence granted by way of second or subsequent renewal
corresponds to a Commonwealth licence granted by way of second or subsequent
renewal.
(14) If, after the
change to the boundary of the offshore area —
(a) a
part of a section 17 block that was covered by the Commonwealth title
immediately before the change is in the offshore area; and
(b) the
remaining part of the section 17 block is in the adjacent 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 17 block.
[Section 103A inserted: No. 7 of 2017 s. 48.]