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This legislation has been repealed.

PETROLEUM (ONSHORE) AMENDMENT (NSW GAS PLAN) ACT 2014 - SCHEDULE 1

SCHEDULE 1 – Amendment of Petroleum (Onshore) Act 1991 No 84

Schedule 2

Insert after Schedule 1:

2 &endash; Expunged petroleum title applications

1 Application

This Schedule has effect despite any other provision of this Act.

2 Definitions

In this Schedule:

"expunged application" means an application for a petroleum title that is expunged by operation of this Schedule.

"introduction date" means the date of introduction into Parliament of the Bill for the Petroleum (Onshore) Amendment (NSW Gas Plan) Act 2014 .

3 Applications for petroleum titles expunged

(1) Each application for a petroleum title under this Act that is specified in the Table to this clause is expunged by operation of this clause with effect on and from the introduction date.
(2) An expunged application is void and of no effect and is not to be dealt with any further under this Act.

Table

Column 1 Column 2 Column 3
Application Identifier Application Number Application Date
PELA 130 16 December 2009
PELA 135 31 March 2011
PELA 137 12 March 2012
PELA 144 28 November 2012
PELA 146 22 February 2013
PELA 147 22 February 2013
PELA 148 27 February 2013
PELA 150 11 November 2013
PELA 151 11 November 2013
PELA 152 11 November 2013
PSPAPP 48 15 December 2009
PSPAPP 54 21 November 2011
PSPAPP 56 22 February 2012
PSPAPP 57 22 February 2012
PSPAPP 62 21 June 2013
PSPAPP 63 6 December 2013

4 Refund of application fees for expunged applications

Any lodgment fee payable under section 12 in respect of an expunged application ceases to be payable and if already paid is to be refunded to the person by whom it was paid.

5 Compensation not payable

(1) Compensation is not payable by or on behalf of the State:
(a) because of the enactment or operation of this Schedule, the Petroleum (Onshore) Amendment (NSW Gas Plan) Act 2014 or any Act that amends this Schedule, or
(b) because of any direct or indirect consequence of any such enactment or operation (including any conduct under the authority of any such enactment), or
(c) because of any conduct relating to any such enactment or operation.
(2) This clause extends to conduct and any other matter occurring before the commencement of this clause.
(3) In this clause:

"compensation" includes damages or any other form of compensation.

"conduct" includes any statement, or any act or omission:
(a) whether unconscionable, negligent, false, misleading, deceptive or otherwise, and
(b) whether constituting an offence, tort, breach of contract, breach of statute or otherwise.

"statement" includes a representation of any kind, whether made orally or in writing.

"the State" means the Crown within the meaning of the Crown Proceedings Act 1988 or an officer, employee or agent of the Crown.

6 Applicants of expunged applications to be given first opportunity to make new applications

(1) The Minister must not take fresh title action in respect of any area for which an expunged application was made (a
"relevant area" ) unless:
(a) the Minister has first invited the applicant for the expunged application to make a new application for the petroleum title concerned, and
(b) the applicant has:
(i) informed the Minister that the applicant does not wish to make a new application, or
(ii) not made a new application within 28 days of being invited to do so, or
(iii) had the applicant's new application refused.
(2)
"Fresh title action" is:
(a) inviting applications under section 8 for petroleum titles in respect of a relevant area, or
(b) granting a petroleum title in respect of a relevant area.



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