Commonwealth Numbered Acts

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OFFSHORE PETROLEUM ACT 2006 (NO. 14, 2006) - SECT 35

Petroleum pool straddling 2 title areas etc.

             (1)  For the purposes of this Act, if:

                     (a)  a petroleum pool is partly in the title area of a title and partly in an adjoining title area of a title of the same titleholder (whether in the same offshore area or not); and

                     (b)  petroleum is recovered from that pool through a well or wells in one or both of the title areas;

then:

                     (c)  there is taken to have been recovered in each of the title areas, under the title in relation to the title area, such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool; and

                     (d)  the respective proportions are to be determined by agreement between:

                              (i)  the titleholder; and

                             (ii)  the Joint Authority;

                            or, in the absence of agreement, by the Federal Court or a relevant Supreme Court on the application of the titleholder or the Joint Authority.

Supreme Court

             (2)  A reference in this section to a relevant Supreme Court is a reference to the Supreme Court of the State, or one of the States, in the offshore area of which the petroleum pool is wholly or partly situated.

Northern Territory

             (3)  This section applies to the Northern Territory as if that Territory were a State.



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