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PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 168 Area of petroleum lease

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 168

Area of petroleum lease

168 Area of petroleum lease

(1) This section provides for the area of a petroleum lease.
(2) The area does not include excluded land for the lease.
Note—
See also section 30AB (3) if land in the petroleum lease’s area is taken under a resumption law.
(3) Unless the Minister otherwise decides, the area must form a single parcel of land.
(4) The area must not include any of the following (
"unavailable land" )—
(a) land in the area of another petroleum tenure, other than land that will, under section 101 , cease to be included in the area of an authority to prospect on the grant of the lease;
(b) excluded land for another petroleum tenure;
(c) land in the area of a 1923 Act petroleum tenure;
(d) excluded land for a 1923 Act petroleum tenure;
(e) land that a regulation prescribes as land over which a petroleum lease can not be granted.
(5) To remove any doubt, it is declared that if land within any sub-block that the lease states is included in the area of the lease ceases to be unavailable land, the cessation itself does not cause the land to be within the area of the lease.
(6) For subsection (5) , if the lease states that its area includes land within a block without including or excluding any particular sub-block, the reference to the block is a reference to all sub-blocks within the block.
(7) The area may include a part of a sub-block only if the part is all areas within the sub-block that are left after taking away all unavailable land within the sub-block (a
"residual sub-block" ).
Note—
See also section 30AB (3) if land in the petroleum lease’s area is taken under a resumption law.