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OFFSHORE MINERALS ACT 1994 - SECT 15 Effect of change to, or reassessment of the location of, baseline

OFFSHORE MINERALS ACT 1994 - SECT 15

Effect of change to, or reassessment of the location of, baseline

  (1)   If:

  (a)   a licence has been granted on the basis that an area is within an offshore area; and

  (b)   there is a change to the baseline of Australia 's territorial sea or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and

  (c)   as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within an offshore area;

this Act applies as if the area were still within the offshore area.

  (2)   Subsection   ( 1) continues to apply to the area only while the licence (and any successor licence) remains in force.

  (3)   If:

  (a)   a State offshore mining licence has been granted on the basis that an area is within the State's coastal waters; and

  (b)   there is a change to the baseline of Australia 's territorial sea or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and

  (c)   as a result of the change to, or reassessment of the location of, the baseline, the area:

  (i)   ceases to be within the State's coastal waters; and

  (ii)   falls within an offshore area;

this Act does not apply to the area.

  (4)   Subsection   ( 3) continues to apply to the area only while the State offshore mining licence (and any successor licence) remains in force.

  (5)   In this section:

"State offshore mining licence" means a licence granted under State law that authorises the holder to:

  (a)   explore for or recover minerals (other than petroleum) in the seabed or subsoil under the State's coastal waters; or

  (b)   carry out related activities.

"successor licence" to a State offshore mining licence is a licence that is a successor licence to that licence for the purposes of State law.