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
In this Schedule—
the amending Act means the Petroleum (Submerged Lands) (Miscellaneous)
Amendment Act 1994 .
2—Application of sections 35 and 36
(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
(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.