WATER ACT 2000 - SECT 1278 Provision for old s 365 (Declaring cumulative management areas)

WATER ACT 2000 - SECT 1278

1278 Provision for old s 365 (Declaring cumulative management areas)

(1) This section applies to an area declared to be a cumulative management area under old section 365.

(2) The declaration of the area continues to have effect—

(a) after the commencement as if it had been validly made under new section 365; and

(b) until a further declaration for the area is made under section 365.

(3) To remove any doubt, it is declared that—

(a) the declaration of the area under old section 365 applies, and always applied, in relation to—

(i) each holder of a petroleum tenure in the cumulative management area when the declaration was made; and

(ii) each holder of a petroleum tenure in the area that was, or is, granted after the declaration was made; and

(b) each holder of a petroleum tenure in the cumulative management area is a holder of a CMA tenure for the area for this Act; and

(c) the declaration of the area does not apply, and never has applied, in relation to the holder of a mining tenure in the cumulative management area.

(4) If the area of a petroleum tenure is partly within and partly outside the cumulative management area, the area is taken to include, and to have always included, the whole of the petroleum tenure.

(5) A petroleum tenure to which a declaration under old section 365 applies is taken to be a petroleum tenure identified in a gazette notice declaring a CMA for the purposes of chapter 3.