PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 30AC
Applications relating to land taken under a resumption law for which petroleum interests were extinguished
PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 30AC
Applications relating to land taken under a resumption law for which petroleum interests were extinguished
30AC Applications relating to land taken under a resumption law for which
petroleum interests were extinguished
(1) The Minister may, under a grant provision, grant a petroleum authority for
an area that includes acquired land only if the Minister, after consulting the
entity that took the land, is satisfied the grant of the authority is
compatible with the purpose for which the land is being or is to be used.
(2)
If there are 2 or more applications under this Act for the grant, under a
grant provision, of a new petroleum authority for an area that includes the
same acquired land, the applications are to be dealt with as follows—
(a)
the applications must be considered and decided according to the day on which
they are lodged;
(b) if the applications were lodged on the same day—
(i)
they take the priority the Minister decides, after considering the relative
merits of each application; and
(ii) the Minister must give each applicant a
notice stating there is competition for priority between the applicant’s
application and another application, or other applications, lodged on the same
day as the day on which the applicant’s application was lodged.
(3) If a
grant provision provides for the grant of a new petroleum authority (the
"new authority" ) over land in the area of an existing petroleum authority or
1923 Act ATP (the
"existing authority" )—
(a) the application under this Act for the
new authority may include acquired land that was, immediately before the
taking of the land, in the existing authority’s area; and
(b) subject to
subsections (1) and (2) , the Minister may grant a new authority for an area
that includes the acquired land as if the acquired land were in the
existing authority’s area.
(4) To remove any doubt, it is declared that
this section does not affect the operation of the provisions of this Act about
the application for, and grant of, a new petroleum authority other than to the
extent provided for in subsections (1) to (3) .
(5) In this section—
"grant provision" means a provision of this Act providing for the grant of a
new petroleum authority.
"new petroleum authority" includes a renewed petroleum authority.
