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PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 51A

51A .         Grant of licence as result of change to boundary of offshore area

        (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 licence concerned — the graticular section; or

            (c)         if a part only of a graticular section is within the area that was covered by the Commonwealth licence concerned — that part of the graticular section.

        Note for this definition:

                See also subsection (6).

        (2)         This section applies if —

            (a)         a Commonwealth licence 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)         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 licence immediately before the change; and

                  (ii)         are in the adjacent area; and

                  (iii)         are not the subject of a variation under section 103A.

        (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 licence immediately before the change are in the relevant area; and

            (b)         the Commonwealth licence 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 licence 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 licence.

        (4)         The conditions mentioned in subsection (2)(c)(ii) are —

            (a)         all of the section 17 blocks that were covered by the Commonwealth licence immediately before the change are in the relevant area; and

            (b)         the Commonwealth licence 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 licence immediately before the change; and

                  (ii)         otherwise than as the result of the cancellation or surrender of the Commonwealth licence.

        (5)         The Minister is taken —

            (a)         to have granted the holder of the Commonwealth licence a licence over the relevant section 17 blocks; and

            (b)         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 licence, see section 53(3).

        (6)         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 licence 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 51A inserted: No. 7 of 2017 s. 43.]



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