MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 74 74 Insertion of new pt 14

MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 74

After part 13—

insert—

'In this part—

amending Act means the Mines Legislation (Streamlining) Amendment Act 2012.

commencement means the commencement of the section in which the term is used.

former, in relation to a provision, means the provision as in force before the commencement of the section in which the term is used.

'(1) This section applies if—

(a) land in a 1923 Act petroleum tenure's area was taken under a resumption law before the commencement; and

(b) at the commencement, the entity taking the land has not taken action indicating the 1923 Act petroleum tenure was extinguished (wholly or partly) when the land was taken.

Examples of action for paragraph (b)—

serving a copy of the resumption notice for the taking of the land on the 1923 Act petroleum tenure holder (in the holder's capacity as the holder of the tenure)

entering into an agreement under the ALA, section 15 with the 1923 Act petroleum tenure holder for the taking of the land

negotiating, or taking other action relating to, the compensation payable to the 1923 Act petroleum tenure holder for the taking of the land

paying compensation to the 1923 Act petroleum tenure holder for the taking of the land

arranging for the taking of the land to be recorded in the petroleum register against the 1923 Act petroleum tenure

'(2) The taking of the land did not extinguish (wholly or partly) the 1923 Act petroleum tenure or any other 1923 Act petroleum interest relating to the tenure.

'(3) Subsection (2) does not affect the ending of a 1923 Act petroleum interest (wholly or partly) in any other way, including, for example—

(a) by the entity taking the land acquiring the 1923 Act petroleum interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or

(b) by the 1923 Act petroleum interest holder surrendering the interest (wholly or partly) under this Act.

'(1) This section applies if—

(a) before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a 1923 Act petroleum tenure's area; and

(b) at the commencement, the land had not been taken under the resumption law.

'(2) If the land is taken other than by taking or otherwise creating an easement, sections 124A to 124C apply in relation to the taking, except that the resumption notice for the taking may provide for the extinguishment of a 1923 Act petroleum interest on the taking even if the notice of intention to resume does not comply with section 124A(8).

'(3) If the land is taken by taking or otherwise creating an easement, section 124C applies in relation to the taking.'.