Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsection (2), where —
(a) a
permittee who may make an application under section 40 in respect of a block
does not, within the application period, make the application; or
(b) all
applications made by a permittee under that section in respect of a block have
lapsed,
the permit is
determined as to that block and the determination has effect —
(c) in a
case referred to in paragraph (a), upon the expiration of the application
period; and
(d) in a
case referred to in paragraph (b) —
(i)
upon the expiration of the application period; or
(ii)
upon the lapsing of the last of the applications referred
to in that paragraph,
whichever is the
later.
(1a) Subject to
subsection (2), where all applications made by a lessee under section 40A in
respect of a block have lapsed, the lease is determined as to that block and
the determination has effect upon the lapsing of the last of those
applications.
(2) Where a permittee
or lessee makes an application for a secondary licence —
(a) the
permit or lease is determined as to any blocks forming part of the location
concerned that are not the subject of that application or of any application
for a primary licence or for the variation of such a licence; and
(b) the
determination has effect upon the making of the application.
(3) Subject to
subsection (4), where a block or blocks constituting or forming part of a
location is or are no longer the subject of a permit or lease, the Minister
shall, by instrument published in the Gazette —
(a) in a
case where that block or those blocks constitutes or constitute that location,
revoke the declaration made under section 37 in respect of that location; or
(b) in a
case where that block or those blocks forms or form part of that location,
revoke the declaration made under section 37 in respect of that location to
the extent that it relates to that block or those blocks.
(4) Subsection (3)
does not apply in relation to a block —
(a) in
respect of which an application for the grant of a lease or licence has been
made, being an application that has not lapsed and in relation to which a
decision has not been made by the Minister; or
(b) in
respect of which a lease or licence is in force.
(5) Where a lease is
granted in respect of a block or blocks forming part of a location, the
Minister shall, by instrument published in the Gazette , revoke the
declaration made under section 37 to the extent that it relates to the block
or blocks that is or are not within the lease area.
(6) Where —
(a) the
Minister refuses to grant a lease in respect of a block or blocks constituting
or forming part of a location; and
(b) the
reason, or one of the reasons, for the refusal is that the Minister is not
satisfied as to the matter referred to in section 38B(1)(c)(ii),
the Minister shall, by
instrument published in the Gazette , revoke the declaration made under
section 37 in respect of that location.
(7) This section does
not apply in relation to a permit if —
(a) the
permit has been granted on the basis that an area (the relevant area ) is
within the adjacent 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 adjacent area; and
(ii)
falls within the offshore area;
and
(c)
immediately before the change, the relevant area was a part of the permit
area.
(8) For the purposes
of subsection (7) —
(a)
section 6A is to be disregarded; and
(b) it
is immaterial whether the change occurred before, at or after the commencement
day.
(9) In subsection
(8)(b) —
commencement day means the day on which the
Petroleum Legislation Amendment Act 2017 section 42 comes into operation.
[Section 46 amended: No. 12 of 1990 s. 181; No. 7
of 2017 s. 42.]