Western Australian Current Acts Western Australian Current Acts (1A) In this section
—
declaration includes a declaration that is taken
to have been made under subsection (2A) or (2B);
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.
(1) Where —
(a) a
permittee has made a nomination under section 36; and
(b) the
Minister is of the opinion that the permittee is entitled under that section
to nominate the block or blocks specified in the nomination,
the Minister shall, by
notice published in the Gazette , declare the block or blocks to which the
nomination relates to be a location.
(2) Where the Minister
has made a nomination under section 36(9), the Minister shall, by notice
published in the Gazette , declare the block or blocks to which the nomination
relates to be a location.
(2A) If —
(a) a
boundary-change permit is granted over one or more section 17 blocks; and
(b)
immediately before the grant, those section 17 blocks were, or were part of, a
location as defined in the Commonwealth Act section 7; and
(c)
apart from this subsection, those section 17 blocks are not, and are not part
of, a location as defined in section 4 of this Act,
the Minister is taken
—
(d) to
have declared those section 17 blocks to be a location; and
(e) to
have done so immediately after the grant.
(2B) If —
(a) a
permit is varied under section 103A so as to include in the permit area one or
more section 17 blocks; and
(b)
immediately before the variation, those section 17 blocks were, or were part
of, a location as defined in the Commonwealth Act section 7; and
(c)
apart from this subsection, those section 17 blocks are not, and are not part
of, a location as defined in section 4 of this Act,
the Minister is taken
—
(d) to
have declared those section 17 blocks to be a location; and
(e) to
have done so immediately after the variation.
(3) The Minister may,
at the request of the permittee, revoke a declaration.
(4) The Minister may
vary a declaration by —
(a)
adding to the location a block in the permit area to which, in the opinion of
the Minister, a petroleum pool within the location extends; or
(b)
deleting from the location a block to which, in the opinion of the Minister,
no petroleum pool within the location extends.
(5) The Minister may
not vary a declaration unless —
(a) the
Minister has caused to be served on the permittee notice in writing of the
proposed variation, identifying the block to be added to, or deleted from, the
location; and
(b) the
period of 30 days after the date of service of the notice has expired; and
(c) the
Minister has considered any matters submitted to him by the permittee in
relation to the proposed variation.
(6) Subsection (5)
does not apply where a variation is made at the request of the permittee.
(7) The Minister may
form an opinion for the purposes of this section if the Minister considers
that there are reasonable grounds for forming the opinion having regard to any
information in the Minister’s possession, whether provided by the
permittee or otherwise.
[Section 37 inserted: No. 12 of 1990 s. 172;
amended: No. 42 of 2010 s. 90; No. 7 of 2017 s. 38.]