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PETROLEUM (SUBMERGED LANDS) ACT 1982 - SCHEDULE 6

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SCHEDULE 6

Schedule 6— Petroleum (Submerged Lands) (Miscellaneous) Amendment Act 1994 —Transitional provisions

1—Interpretation

In this Schedule—

the amending Act means the Petroleum (Submerged Lands) (Miscellaneous) Amendment Act 1994 .

2—Application of sections 35 and 36

        (1)         Where—

            (a)         a nomination was made under section 35 as in force immediately before the commencement of the amending Act; and

            (b)         a declaration was not made under section 36 (as then in force) before the commencement of the amending Act as a result of the making of that nomination,

sections 35, 36 and 37 of this Act, as in force immediately before the commencement of the amending Act, continue to have effect in relation to that nomination and the block or blocks that would be affected by a declaration as if the amending Act had not been enacted.

        (2)         A declaration made under section 36 as continued in force by subclause (1) has effect, and this Act, as amended by the amending Act, applies to the declaration, as if the declaration had been made under section 36 as in force after the commencement of the amending Act.

        (3)         A declaration in force under section 36 as in force immediately before the commencement of the amending Act has effect after that commencement as if it were a declaration under section 36 as in force after the commencement of the amending Act.

        (4)         Where—

            (a)         a permittee under a permit granted before the commencement of the amending Act applies under section 39, as amended by the amending Act, for a licence; and

            (b)         the location that includes the block or blocks to which the application relates was declared under section 36 as in force after the commencement of the amending Act; and

            (c)         the location consists of not more than 8 blocks; and

            (d)         the Minister notifies the applicant in writing that, in the Minister's opinion, the number of blocks specified in the notification represents the maximum number of blocks that the applicant would have been entitled to have declared as a location instead of the block or blocks constituting the location referred to in paragraph (b) if the amending Act had not been enacted; and

            (e)         the number of blocks specified in the notification exceeds the number of blocks in the location referred to in paragraph (b),

section 39(1) of this Act, as amended by the amending Act, applies as if the firstmentioned location were constituted by the number of blocks specified in the notification referred to in paragraph (d).

        (5)         Where—

            (a)         a lessee under a lease of a block or blocks for which a permit was granted before the commencement of the amending Act applies under section 39A, as amended by the amending Act, for a licence; and

            (b)         the location that includes the block or blocks to which the application relates was declared under section 36 as in force after the commencement of the amending Act; and

            (c)         the location consists of not more than 8 blocks; and

            (d)         the Minister notifies the applicant in writing that, in the Minister's opinion, the number of blocks specified in the notification represents the maximum number of blocks that the applicant would have been entitled to have declared as a location instead of the block or blocks constituting the location referred to in paragraph (b) if the amending Act had not been enacted; and

            (e)         the number of blocks specified in the notification exceeds the number of blocks in the location referred to in paragraph (b),

section 39A(1) of this Act, as amended by the amending Act, applies as if the lease were in respect of the number of blocks specified in the notification referred to in paragraph (d).

3—Application of section 80(4)(b)

        (1)         Where, at the time that the first regulations made for the purposes of section 80(4)(b) as in force after the commencement of section 44 of the amending Act come into operation, an application for approval of a dealing has been made but the Minister has neither approved nor refused to approve the dealing—

            (a)         the Minister must give to the applicant written notice that the applicant is entitled to lodge an instrument for the purpose of section 80(4)(b) in relation to the application; and

            (b)         the applicant may lodge an instrument for the purpose of section 80(4)(b); and

            (c)         the application must not be dealt with by the Minister until after the end of 30 days after the day on which notice is given for the purpose of paragraph (a); and

            (d)         where the applicant lodges an instrument under paragraph (b), the applicant must lodge with the instrument two copies of the instrument.

        (2)         An instrument lodged under subclause (1) will be taken, for the purposes of section 80(13) as in force after the commencement of section 44 of the amending Act, to have accompanied the application when the application was lodged.

4—Discharge of security under section 96A on provision of insurance

        (1)         Where—

            (a)         a permit, lease, licence or pipeline licence was in force immediately before the commencement of the amending Act; and

            (b)         the Minister has, after the commencement of the amending Act, required the holder to maintain insurance under section 96A(1); and

            (c)         the Minister is satisfied that the required insurance is in effect,

the Minister must issue a certificate that he or she is so satisfied.

        (2)         Where the Minister issues a certificate under subclause (1), any security in force in relation to the permit, lease, licence or pipeline licence, being a security that was required under this Act before the commencement of the amending Act, is discharged.

        (3)         The discharge of a security under subclause (2) has no effect on any liability arising under or in relation to the security before its discharge.

5—Application of sections 148A and 148B

        (1)         Subject to subclause (2), sections 148A and 148B apply in relation to petroleum recovered during a royalty period commencing on or after the date of commencement of those sections.

        (2)         Sections 148A and 148B apply in relation to petroleum recovered during a royalty period that commenced before the commencement of those sections if, at the commencement of those sections, the value of the petroleum had not been agreed or determined under section 146.