Western Australian Current Acts Western Australian Current Acts (1) In this section
—
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 permit concerned — the graticular section; or
(c) if a
part only of a graticular section is within the area that was covered by the
Commonwealth permit concerned — that part of the graticular section.
Note for this definition:
See also subsection
(8).
(2) This section
applies if —
(a) a
Commonwealth 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 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.
(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 permit immediately before the change are in the relevant area;
and
(b) the
Commonwealth permit 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 permit 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 permit.
(4) The conditions
mentioned in subsection (2)(c)(ii) are —
(a) all
of the section 17 blocks that were covered by the Commonwealth permit
immediately before the change are in the relevant area; and
(b) the
Commonwealth permit 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 permit immediately before the change; and
(ii)
otherwise than as the result of the cancellation or
surrender of the Commonwealth permit.
(5) If —
(a)
assuming that —
(i)
the change to the boundary of the offshore area had not
occurred; and
(ii)
the relevant area had remained in the offshore area,
the holder of the
Commonwealth permit would have been entitled to apply under the Commonwealth
Act for the renewal of the Commonwealth permit in relation to all of the
section 17 blocks that are —
(iii)
covered by the Commonwealth permit; and
(iv)
in the relevant area;
and
(b)
there are one or more section 17 blocks (the relevant section 17 blocks ) that
—
(i)
correspond to the section 17 blocks covered by paragraph
(a); and
(ii)
are in the adjacent area; and
(iii)
are not the subject of a variation under section 103A,
the Minister is taken
—
(c) to
have granted the holder of the Commonwealth permit a permit over those
relevant section 17 blocks; and
(d) to
have done so immediately after the relevant time mentioned in whichever of
subsection (3) or (4) is applicable.
Note for this subsection:
For the duration of
the permit, see section 29(1A).
(6) If —
(a)
assuming that —
(i)
the change to the boundary of the offshore area had not
occurred; and
(ii)
the relevant area had remained in the offshore area,
the holder of the
Commonwealth permit would not have been entitled to apply under the
Commonwealth Act for the renewal of the Commonwealth permit in relation to all
of the section 17 blocks that are —
(iii)
covered by the Commonwealth permit; and
(iv)
in the relevant area;
and
(b)
there are one or more section 17 blocks (the relevant section 17 blocks ) that
—
(i)
correspond to the section 17 blocks that were covered by
the Commonwealth permit immediately before the change; and
(ii)
are in the adjacent area; and
(iii)
are not the subject of a variation under section 103A,
the Minister is taken
—
(c) to
have granted the holder of the Commonwealth permit a permit over those
relevant section 17 blocks; and
(d) to
have done so immediately after the relevant time mentioned in whichever of
subsection (3) or (4) is applicable.
Note for this subsection:
For the duration of
the permit, see section 29(1B).
(7) For the purposes
of subsections (5) and (6), the following provisions of the Commonwealth Act
are to be disregarded —
(a) the
standard halving rules in section 123 of that Act;
(b) the
modified halving rules in section 124 of that Act;
(c) a
provision of a kind specified in the regulations.
(8) 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 permit
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.
(9) An assumption in
subsection (5)(a) or (6)(a) does not affect subsection (8).
[Section 27A inserted: No. 7 of 2017 s. 32.]