PETROLEUM (ONSHORE) ACT 1991 - SCHEDULE 3
PETROLEUM (ONSHORE) ACT 1991 - SCHEDULE 3
SCHEDULE 3 – Cancellation of titles relating to national parks
1 Cancellation of certain exploration licences
An exploration licence, or part of an exploration licence, that is comprised of land within a national park (within the meaning of the National Parks and Wildlife Act 1974 ) as at the commencement of this Schedule is cancelled by this Schedule, either wholly or in part, as the case requires.
2 Compensation not payable
(1) Compensation is not payable by or on behalf of the State--(a) because of the enactment or operation of this Schedule or any Act that amends this Schedule, or(b) because of any direct or indirect consequence of any such enactment or operation (including any conduct under the authority of any such enactment), or(c) because of any conduct relating to any such enactment or operation.
(2) This clause extends to conduct and any other matter occurring before the commencement of this clause.
(3) In this clause--
"compensation" includes damages or any other form of compensation.
"conduct" includes any statement, or any act or omission--(a) whether unconscionable, negligent, false, misleading, deceptive or otherwise, and(b) whether constituting an offence, tort, breach of contract, breach of statute or otherwise.
"statement" includes a representation of any kind, whether made orally or in writing.
"the State" means the Crown within the meaning of the Crown Proceedings Act 1988 or an officer, employee or agent of the Crown.
3 State not liable for certain conduct
(1) The State is not liable, and is taken never to have been liable, whether vicariously or otherwise, for any conduct (
"relevant conduct" ) before an exploration licence's cancellation under this Schedule in relation to an exploration licence or prospecting on land (whether occurring before or after the grant of the licence).
(2) In addition, the State is not liable, and is taken never to have been liable, whether under any contract, policy or other arrangement for self-insurance or otherwise, to indemnify any person against any personal liability of the person for relevant conduct.
(3) This clause extends to all types of civil liability, whether at law or in equity, and whether arising in tort or contract, or under an enactment or otherwise.
(4) An employee (or former employee) of the State acting honestly and in good faith in the performance or purported performance of his or her functions as an employee of the State has the same protections and immunities as the State under this clause.
(5) This clause applies despite the Law Reform (Vicarious Liability) Act 1983 and the Civil Liability Act 2002 .
(6) In this clause--
"employee of the State" means a person employed under the Government Sector Employment Act 2013 .
"the State" means the Crown in right of New South Wales and includes a statutory body representing the Crown.
4 Continuing obligation to provide reports
The obligation of the holder of an exploration licence to provide a report under this Act continues despite the cancellation of the licence under this Schedule.
5 Access arrangements
(1) The cancellation of an exploration licence by this Schedule does not affect any liabilities of a holder or former holder of the licence under an access arrangement.
(2) The cancellation of an exploration licence by this Schedule operates, for the purposes of any access arrangement relating to the licence--(a) as an occasion of the holder of the licence ceasing to hold an authority over the exploration area, and(b) as a cancellation of the licence for the purpose of any provision of the access arrangement that deals with the cancellation of an authority.
(3) The regulations may make provision for or with respect to the termination of any access arrangements relating to an exploration licence cancelled under this Schedule.