(1) For the purposes
of subsection (2A), assume that the breadth of the territorial sea had never
been determined or declared to be greater than 3 nautical miles, but had
continued to be 3 nautical miles.
(2A) In this Act,
unless the contrary intention appears —
adjacent area means —
(a) so
much of the scheduled area as consists of the territorial sea; and
(b)
subject to subsection (2), any area that —
(i)
is within the scheduled area; and
(ii)
is on the landward side of the territorial sea and not
within the limits of Western Australia; and
(iii)
was, immediately before 14 February 1983, the subject of
an exploration permit for petroleum subsisting under the Petroleum (Submerged
Lands) Act 1967 (Commonwealth).
(2) Upon an area
described in paragraph (b) of the definition of adjacent area in subsection
(2A) becoming an area which is —
(a) not
the subject of a permit; and
(aa) not
the subject of a lease; and
(b) not
the subject of a licence; and
(c) not
the subject of an application for a lease or licence,
the area ceases to be
part of the adjacent area.
[Section 5 amended: No. 12 of 1990 s. 161; No. 42
of 2010 s. 66.]