Commonwealth Numbered Acts

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OFFSHORE PETROLEUM ACT 2006 (NO. 14, 2006) - SECT 36

Petroleum pool straddling Commonwealth title area and State title area 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 area (the State title area ) in which the titleholder has authority under the law of a State to explore for, or recover, petroleum; and

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

then:

                     (c)  there is taken to have been recovered in the title area of the title 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)  that proportion is to be determined by agreement between:

                              (i)  the titleholder of the title; and

                             (ii)  the Joint Authority; and

                            (iii)  the responsible State Minister;

                            or, in the absence of agreement, by the Federal Court or a relevant Supreme Court on the application of:

                            (iv)  the titleholder of the title; or

                             (v)  the Joint Authority; or

                            (vi)  the responsible State Minister.

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:

                     (a)  that Territory were a State; and

                     (b)  the responsible Northern Territory Minister were the responsible State Minister of that State.



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