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This is a Bill, not an Act. For current law, see the Acts databases.


PETROLEUM LEGISLATION AMENDMENT BILL 2016

                     Western Australia


Petroleum Legislation Amendment Bill 2016

                         Contents

       Part 1 -- Preliminary
 1.    Short title                                                  2
 2.    Commencement                                                 2
       Part 2 -- Petroleum and Geothermal
            Energy Resources Act 1967
            amended
 3.    Act amended                                                  3
 4.    Section 5 amended                                            3
 5.    Section 6A amended                                           4
 6.    Section 7A amended                                           5
 7.    Section 7B inserted                                          7
       7B.      Petroleum pool in, or extending into, other
                areas                                         7
 8.    Section 37B inserted                                        16
       37B.     Grant of boundary-change permit               16
 9.    Section 39 amended                                          21
 10.   Section 40 amended                                          21
 11.   Section 41 amended                                          21
 12.   Section 42B inserted                                        22
       42B.     Limits on renewal of boundary-change
                permits                                       22
 13.   Section 43 amended                                          23
 14.   Section 47 amended                                          25
 15.   Section 48CD inserted                                       27
       48CD.    Grant of petroleum retention lease as
                result of change to boundary of offshore
                area                                          27
 16.   Section 48D amended                                         30
 17.   Section 48H amended                                         30
 18.   Section 56 amended                                          31


                           218--1                                   page i
Petroleum Legislation Amendment Bill 2016



Contents



      19.    Section 61A inserted                                      32
             61A.     Grant of petroleum production licence as
                      result of change to boundary of offshore
                      area                                        32
      20.    Section 63 amended                                        35
      21.    Section 64 amended                                        35
      22.    Section 66 amended                                        36
      23.    Section 69 amended                                        37
      24.    Section 97A inserted                                      38
             97A.     Variation of petroleum title by including
                      area as result of change to boundary of
                      offshore area                               38

             Part 3 -- Petroleum (Submerged
                  Lands) Act 1982 amended
      25.    Act amended                                               46
      26.    Section 4 amended                                         46
      27.    Section 6A amended                                        47
      28.    Section 9 amended                                         47
      29.    Section 11 amended                                        53
      30.    Sections 13 and 14 deleted                                53
      31.    Section 15 replaced                                       53
             15.      Public service officers performing
                      functions under Commonwealth Act            53
      32.    Section 27A inserted                                      54
             27A.     Grant of boundary-change permit             54
      33.    Section 29 amended                                        59
      34.    Section 30 amended                                        59
      35.    Section 31 amended                                        59
      36.    Section 32B inserted                                      60
             32B.     Limits on renewal of boundary-change
                      permits                                     60
      37.    Section 33 amended                                        61
      38.    Section 37 amended                                        63
      39.    Section 38CD inserted                                     65
             38CD.    Grant of lease as result of change to
                      boundary of offshore area                   65
      40.    Section 38D amended                                       68
      41.    Section 38H amended                                       69
      42.    Section 46 amended                                        69
      43.    Section 51A inserted                                      70
             51A.     Grant of licence as result of change to
                      boundary of offshore area                   70


page ii
                       Petroleum Legislation Amendment Bill 2016



                                                                Contents



44.   Section 53 amended                                          73
45.   Section 54 amended                                          74
46.   Section 56 amended                                          75
47.   Section 59 amended                                          75
48.   Section 103A inserted                                       77
      103A.    Variation of petroleum title by including
               area as result of change to boundary of
               offshore area                               77




                                                                 page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY


   Petroleum Legislation Amendment Bill 2016

                               A Bill for


An Act to amend the Petroleum and Geothermal Energy Resources
Act 1967 and the Petroleum (Submerged Lands) Act 1982.



The Parliament of Western Australia enacts as follows:




                                                          page 1
    Petroleum Legislation Amendment Bill 2016
    Part 1         Preliminary

    s. 1



1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Petroleum Legislation Amendment Act 2016.

4   2.       Commencement
5            This Act comes into operation as follows --
6             (a) Part 1 -- on the day on which this Act receives the
7                   Royal Assent;
8             (b) the rest of the Act -- on a day fixed by proclamation,
9                   and different days may be fixed for different provisions.




    page 2
                                       Petroleum Legislation Amendment Bill 2016
                Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                                         amended

                                                                               s. 3


1    Part 2 -- Petroleum and Geothermal Energy Resources
2                     Act 1967 amended
3    3.           Act amended
4                 This Part amends the Petroleum and Geothermal Energy
5                 Resources Act 1967.

6    4.           Section 5 amended
7         (1)     In section 5(1) insert in alphabetical order:
8

9                       boundary-change permit means a petroleum
10                      exploration permit granted under section 37B;
11                      Commonwealth Act means the Offshore Petroleum
12                      and Greenhouse Gas Storage Act 2006
13                      (Commonwealth);
14                      Commonwealth lease means a petroleum retention
15                      lease as defined in the Commonwealth Act section 7;
16                      Commonwealth licence means a fixed-term petroleum
17                      production licence as defined in the Commonwealth
18                      Act section 7;
19                      Commonwealth permit means a petroleum exploration
20                      permit as defined in the Commonwealth Act section 7;
21                      granted, in relation to a boundary-change permit, a
22                      petroleum retention lease under section 48CD or a
23                      petroleum production licence under section 61A,
24                      means taken to have been granted;
25                      offshore area has the meaning given in the Petroleum
26                      (Submerged Lands) Act 1982 section 4;
27




                                                                         page 3
     Petroleum Legislation Amendment Bill 2016
     Part 2         Petroleum and Geothermal Energy Resources Act 1967
                    amended

     s. 5


1         (2)   In section 5(1) in the definition of geothermal exploration
2               permit delete "issued under" and insert:
3

4               that confers the authority referred to in
5

6         (3)   In section 5(1) in the definition of petroleum exploration permit
7               delete "issued under" and insert:
8

9               that confers the authority referred to in
10

11        (4)   After section 5(8) insert:
12

13              (9)   Notes in this Act are provided to assist understanding
14                    and do not form part of the Act.
15


16   5.         Section 6A amended
17        (1)   In section 6A(1) insert in alphabetical order:
18

19                    Commonwealth instrument means an instrument under
20                    the Commonwealth Act that confers, in relation to the
21                    offshore area, some or all of the rights that a permit,
22                    lease or licence confers in relation to the inshore area;
23

24        (2)   After section 6A(4) insert:
25

26              (5)   If --
27                      (a)   a Commonwealth instrument has been granted
28                            on the basis that an area (the second affected
29                            area) is within the offshore area; and




     page 4
                                       Petroleum Legislation Amendment Bill 2016
                Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                                         amended

                                                                                    s. 6


1                          (b)   as a result of a change to the boundary of the
2                                inshore area the second affected area --
3                                   (i) ceases to be within the offshore area;
4                                        and
5                                  (ii) falls within the inshore area,
6                         then this Act does not apply to the second affected
7                         area.
8                 (6)     Subsection (5) continues to apply in relation to the
9                         second affected area only while the Commonwealth
10                        instrument remains in force.
11


12   6.           Section 7A amended
13        (1)     In section 7A(2):
14                  (a) delete "which an access" and insert:
15

16                         which a geothermal access
17

18                  (b)    delete "petroleum pool or geothermal resources area,
19                         being a pool or" and insert:
20

21                         geothermal resources area, being an
22

23                  (c)    delete "access authority, any petroleum or" and insert:
24

25                         geothermal access authority, any
26

27                  (d)    delete "under the licence" and insert:
28

29                         under the geothermal production licence
30




                                                                                 page 5
     Petroleum Legislation Amendment Bill 2016
     Part 2         Petroleum and Geothermal Energy Resources Act 1967
                    amended

     s. 6


1       (2)   In section 7A(3):
2               (a) delete "petroleum pool or";
3               (b) delete "petroleum or" (each occurrence);
4               (c) delete "pool or" (each occurrence);
5               (d) delete "under the licence" and insert:
6

7                    under the geothermal production licence
8

9       (3)   In section 7A(5):
10              (a) delete "petroleum pool or";
11              (b) delete "to explore for, or recover, petroleum, or";
12              (c) delete "petroleum or" (each occurrence);
13              (d) delete "pool or" (each occurrence).
14      (4)   In section 7A(7):
15              (a) in paragraph (a) delete "petroleum pool or";
16              (b) in paragraph (a) delete "to explore for or recover
17                    petroleum, or";
18              (c) in paragraph (c) delete "petroleum or";
19              (d) in paragraph (c) delete "pool or";
20              (e) delete "all petroleum or" and insert:
21

22                   all
23

24      (5)   Delete section 7A(8) and insert:
25

26            (8)   In this section --
27                    (a) a reference to a geothermal production licence
28                           includes a reference to a geothermal
29                           exploration permit and a geothermal retention
30                           lease; and


     page 6
                                 Petroleum Legislation Amendment Bill 2016
          Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                                   amended

                                                                                 s. 7


1                   (b)    a reference to a licensee is a reference to the
2                          registered holder of a geothermal production
3                          licence and includes a reference to a geothermal
4                          permittee and a geothermal lessee; and
5                   (c)    a reference to a licence area is a reference to the
6                          area constituted by the blocks that are the
7                          subject of a geothermal production licence and
8                          includes a reference to a geothermal permit area
9                          and a geothermal lease area; and
10                  (d)    a reference to a State includes a reference to the
11                         Northern Territory; and
12                  (e)    a reference to the Supreme Court is a reference
13                         to the Supreme Court of the State, or of one of
14                         the States, in which the petroleum pool is
15                         wholly or partly situated.
16

17          Note: The heading to amended section 7A is to read:
18                Geothermal resources area in, or extending into, other areas

19   7.     Section 7B inserted
20          After section 7A insert:
21

22        7B.     Petroleum pool in, or extending into, other areas
23          (1)   The provisions of this section have effect for the
24                purposes of this Act (including any Act with which this
25                Act is incorporated) and of licences (whether granted
26                before or after the commencement of this section).
27          (2)   If a well-head is situated in a licence area or in an area
28                in respect of which a petroleum access authority is in
29                force (in this subsection called an access authority
30                area) and the well from that well-head is inclined so as
31                to enter a petroleum pool, being a pool that does not
32                extend to that licence area or access authority area, at a
33                place within an adjoining licence area of the same


                                                                            page 7
     Petroleum Legislation Amendment Bill 2016
     Part 2         Petroleum and Geothermal Energy Resources Act 1967
                    amended

     s. 7


1                   licensee or registered holder of the petroleum access
2                   authority, any petroleum recovered through that well is
3                   taken to have been recovered in that adjoining licence
4                   area under the petroleum production licence in respect
5                   of that area.
6             (3)   If a petroleum pool is partly in one licence area and
7                   partly in an adjoining licence area of the same licensee
8                   and petroleum is recovered from that pool through a
9                   well or wells in one or both of the licence areas, there
10                  is taken to have been recovered in each of the licence
11                  areas, under the petroleum production licence in
12                  respect of that area, such proportion of all petroleum so
13                  recovered as may reasonably be treated as being
14                  derived from that area, having regard to the nature and
15                  probable extent of the pool, and the respective
16                  proportions are to be determined in accordance with
17                  subsection (4).
18            (4)   The proportions to be determined for the purposes of
19                  subsection (3) may be determined by agreement
20                  between the licensee and the Minister or, in the
21                  absence of agreement, may be determined by the
22                  Supreme Court on the application of the licensee or the
23                  Minister.
24            (5)   If a petroleum pool is partly in a licence area and partly
25                  in another area in which the licensee has authority
26                  under another written law or a law of another State or
27                  the Commonwealth to explore for, or recover,
28                  petroleum, and petroleum is recovered from that pool
29                  through a well or wells in the licence area, the other
30                  area or both, there is taken to have been recovered in
31                  the licence area such proportion of all petroleum so
32                  recovered as may reasonably be treated as being
33                  derived from the licence area, having regard to the
34                  nature and probable extent of the pool, and that



     page 8
                            Petroleum Legislation Amendment Bill 2016
     Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                              amended

                                                                     s. 7


1            proportion is to be determined in accordance with
2            subsection (6).
3      (6)   The proportion to be determined for the purposes of
4            subsection (5) may be determined --
5              (a) in the case of a licensee having authority under
6                   another written law, by agreement between --
7                      (i) that licensee; and
8                     (ii) the Minister; and
9                    (iii) if the other written law is administered
10                           by a Minister of the Crown other than
11                           the Minister, that Minister of the Crown,
12                  or, in the absence of agreement, may be
13                  determined by the Supreme Court on the
14                  application of that licensee, the Minister, or the
15                  Minister of the Crown (if applicable) referred to
16                  in subparagraph (iii); or
17             (b) in the case of a licensee having authority under
18                  a law of another State, by agreement
19                  between --
20                     (i) that licensee; and
21                    (ii) the Minister; and
22                   (iii) the State Minister administering the law
23                           of the other State,
24                  or, in the absence of agreement, may be
25                  determined by the Supreme Court on the
26                  application of that licensee, the Minister or the
27                  State Minister referred to in subparagraph (iii);
28                  or
29             (c) in the case of a licensee having authority under
30                  a law of the Commonwealth, by agreement
31                  between --
32                     (i) that licensee; and
33                    (ii) the Minister; and

                                                                  page 9
     Petroleum Legislation Amendment Bill 2016
     Part 2         Petroleum and Geothermal Energy Resources Act 1967
                    amended

     s. 7


1                             (iii) the Joint Authority,
2                            or, in the absence of agreement, may be
3                            determined by the Supreme Court on the
4                            application of that licensee, the Minister or the
5                            Joint Authority.
6              (7)   In subsection (6) --
7                    Joint Authority has the meaning given in the
8                    Commonwealth Act section 7.
9              (8)   If --
10                     (a)   an agreement is in force to explore for, or
11                           recover, petroleum between --
12                              (i) a licensee, the Minister and, if the other
13                                  written law mentioned in this
14                                  subparagraph is administered by a
15                                  Minister of the Crown other than the
16                                  Minister, that Minister of the Crown in
17                                  relation to a petroleum pool that is
18                                  partly in the licence area and partly in
19                                  another area (the other area) in which
20                                  the licensee has authority under another
21                                  written law; or
22                             (ii) a licensee, the Minister and the State
23                                  Minister administering a law of another
24                                  State in relation to a petroleum pool that
25                                  is partly in the licence area and partly in
26                                  another area (the other area) in which
27                                  the licensee has authority under the law
28                                  of the other State; or
29                            (iii) a licensee, the Minister and the Joint
30                                  Authority in relation to a petroleum pool
31                                  that is partly in the licence area and
32                                  partly in another area (the other area) in
33                                  which the licensee has authority under a
34                                  law of the Commonwealth;
35                           and

     page 10
                            Petroleum Legislation Amendment Bill 2016
     Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                              amended

                                                                       s. 7


1             (b)    the agreement contains a provision (the
2                    apportionment provision) that provides that,
3                    for the purposes of this section, there is taken to
4                    be recovered in the licence area a specified
5                    proportion of all of the petroleum recovered
6                    from the petroleum pool; and
7             (c)    assuming that petroleum were recovered from
8                    the part of the seabed that is within the areal
9                    and vertical extents specified in the agreement,
10                   the specified proportion would be consistent
11                   with such proportion of all petroleum so
12                   recovered as may reasonably be treated as
13                   being derived from the licence area, having
14                   regard to the nature and probable extent of the
15                   petroleum in that part of the seabed; and
16            (d)    the agreement contains a provision to the effect
17                   that if it becomes apparent that the areal and
18                   vertical extents of the petroleum pool, as
19                   specified in the agreement, comprise or are
20                   likely to comprise more than one petroleum
21                   pool, the apportionment set out in the
22                   apportionment provision will apply to the
23                   petroleum recovered from any or all of those
24                   petroleum pools, regardless of their location but
25                   within those areal and vertical extents; and
26            (e)    after the time of the making of the agreement, it
27                   becomes apparent that the areal and vertical
28                   extents of the petroleum pool, as specified in
29                   the agreement, comprise, or are likely to
30                   comprise, 2 or more petroleum pools; and
31             (f)   petroleum is recovered from any of those
32                   petroleum pools through a well or wells in the
33                   licence area, the other area or both,




                                                                   page 11
     Petroleum Legislation Amendment Bill 2016
     Part 2         Petroleum and Geothermal Energy Resources Act 1967
                    amended

     s. 7


1                     then --
2                       (g) for the purposes of this Act, there is taken to
3                            have been recovered in the licence area such
4                            proportion of all petroleum so recovered as is
5                            specified in the apportionment provision; and
6                       (h) subsection (5) does not apply to any of those
7                            petroleum pools.
8               (9)   The question of whether there is or was a petroleum
9                     pool covered by subsection (8)(a) is to be determined
10                    on the basis of information known at the time of the
11                    making of the relevant agreement referred to in that
12                    provision.
13             (10)   The question of whether subsection (8)(c) applies is to
14                    be determined on the basis of information known at the
15                    time of the commencement of the apportionment
16                    provision.
17             (11)   The location of any of the 2 or more petroleum pools
18                    mentioned in subsection (8)(e) is immaterial.
19             (12)   If --
20                      (a) at a particular time after the commencement of
21                          this section, a petroleum pool is partly in a
22                          licence area and partly in another area (the
23                          other area) in which the licensee has authority
24                          under another written law or a law of another
25                          State or the Commonwealth to explore for, or
26                          recover, petroleum; and
27                      (b) at that time, an agreement is made between --
28                             (i) if the licensee has authority under
29                                   another written law -- the licensee, the
30                                   Minister and, if the other written law is
31                                   administered by a Minister of the Crown
32                                   other than the Minister, that Minister of
33                                   the Crown; or


     page 12
                            Petroleum Legislation Amendment Bill 2016
     Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                              amended

                                                                         s. 7


1                     (ii)   if the licensee has authority under a law
2                            of another State -- the licensee, the
3                            Minister and the State Minister
4                            administering the law of the other State;
5                            or
6                    (iii)   if the licensee has authority under a law
7                            of the Commonwealth -- the licensee,
8                            the Minister and the Joint Authority;
9                    and
10            (c)    the agreement specifies a part of the seabed by
11                   reference to its areal and vertical extents; and
12            (d)    the areal and vertical extents of the specified
13                   part consist of --
14                      (i) the whole or a part of the licence area;
15                           and
16                     (ii) the whole or a part of the other area;
17                   and
18            (e)    the areal and vertical extents of the specified
19                   part include the petroleum pool; and
20             (f)   the agreement contains a provision (the
21                   apportionment provision) that provides that,
22                   for the purposes of this section, there is taken to
23                   be recovered in the licence area a specified
24                   proportion of all of the petroleum recovered
25                   from the specified part; and
26            (g)    assuming that petroleum were recovered from
27                   the specified part, the specified proportion
28                   would be consistent with such proportion of all
29                   petroleum so recovered as may reasonably be
30                   treated as being derived from the licence area,
31                   having regard to the nature and probable extent
32                   of the petroleum in the specified part; and




                                                                   page 13
     Petroleum Legislation Amendment Bill 2016
     Part 2         Petroleum and Geothermal Energy Resources Act 1967
                    amended

     s. 7


1                      (h)    petroleum is recovered from the specified part
2                             through a well or wells in the licence area, the
3                             other area or both,
4                     then --
5                       (i) for the purposes of this Act, there is taken to
6                            have been recovered in the licence area such
7                            proportion of all petroleum so recovered as is
8                            specified in the apportionment provision; and
9                       (j) subsection (5) does not apply to a petroleum
10                           pool located in the specified part.
11             (13)   The question of whether there is or was a petroleum
12                    pool covered by subsection (12)(a) at a particular time
13                    is to be determined on the basis of information known
14                    at that time.
15             (14)   The question of whether subsection (12)(g) applies is
16                    to be determined on the basis of information known at
17                    the time of the commencement of the apportionment
18                    provision.
19             (15)   If --
20                      (a)   a petroleum pool is partly in a licence area and
21                            partly in another area, whether in the State or
22                            not, in respect of which another person has
23                            authority, whether under this Act or another
24                            written law or under the law of another State or
25                            the Commonwealth, to explore for or recover
26                            petroleum; and
27                     (b)    a unit development agreement in accordance
28                            with section 69 is in force between the licensee
29                            and that other person; and




     page 14
                            Petroleum Legislation Amendment Bill 2016
     Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                              amended

                                                                     s. 7


1             (c)   petroleum is recovered from that pool through a
2                   well or wells in the licence area, the other area
3                   or both,
4            there is taken to have been recovered in the licence area
5            such proportion of all petroleum so recovered as is
6            specified in, or determined in accordance with, the
7            agreement referred to in paragraph (b).
8     (16)   In this section --
9              (a) a reference to a petroleum production licence
10                    includes a reference to a petroleum exploration
11                    permit and a petroleum retention lease; and
12             (b) a reference to a licensee is a reference to the
13                    registered holder of a petroleum production
14                    licence and includes a reference to a petroleum
15                    permittee and a petroleum lessee; and
16             (c) a reference to a licence area is a reference to the
17                    area constituted by the blocks that are the
18                    subject of a petroleum production licence and
19                    includes a reference to a petroleum permit area
20                    and a petroleum lease area; and
21             (d) a reference to a State includes a reference to the
22                    Northern Territory; and
23             (e) a reference to the Supreme Court is a reference
24                    to the Supreme Court of the State, or of one of
25                    the States, in which the petroleum pool is
26                    wholly or partly situated.
27




                                                                 page 15
     Petroleum Legislation Amendment Bill 2016
     Part 2         Petroleum and Geothermal Energy Resources Act 1967
                    amended

     s. 8


1    8.        Section 37B inserted
2              After section 37A insert:
3


4           37B.     Grant of boundary-change permit
5              (1)   In this section --
6                    section 27 block means --
7                      (a) a block constituted as provided by section 27;
8                             or
9                      (b) if a graticular section is wholly within the area
10                            that was covered by the Commonwealth permit
11                            concerned -- the graticular section; or
12                     (c) if a part only of a graticular section is within
13                            the area that was covered by the
14                            Commonwealth permit concerned -- that part
15                            of the graticular section.
16                   Note for this definition:
17                          See also subsection (8).

18             (2)   This section applies if --
19                    (a) a Commonwealth permit has been granted on
20                          the basis that an area (the relevant area) is
21                          within the offshore area; and
22                    (b) as a result of a change to the boundary of the
23                          offshore area, the relevant area --
24                             (i) ceases to be within the offshore area;
25                                  and
26                            (ii) falls within the inshore area;
27                          and
28                    (c) either --
29                             (i) the conditions set out in subsection (3)
30                                  are satisfied; or


     page 16
                            Petroleum Legislation Amendment Bill 2016
     Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                              amended

                                                                       s. 8


1                    (ii)   the conditions set out in subsection (4)
2                           are satisfied.
3      (3)   The conditions mentioned in subsection (2)(c)(i) are --
4             (a) one or more, but not all, of the section 27
5                   blocks that were covered by the
6                   Commonwealth permit immediately before the
7                   change are in the relevant area; and
8             (b) the Commonwealth permit subsequently ceases
9                   to be in force at the same time (the relevant
10                  time) --
11                     (i) as to all of the section 27 blocks that
12                          were covered by the Commonwealth
13                          permit immediately before the change
14                          and that are in the offshore area; and
15                    (ii) otherwise than as the result of the
16                          cancellation or surrender of the
17                          Commonwealth permit.
18     (4)   The conditions mentioned in subsection (2)(c)(ii)
19           are --
20             (a) all of the section 27 blocks that were covered
21                  by the Commonwealth permit immediately
22                  before the change are in the relevant area; and
23             (b) the Commonwealth permit subsequently ceases
24                  to be in force at the same time (the relevant
25                  time) --
26                     (i) as to all of the section 27 blocks that
27                          were covered by the Commonwealth
28                          permit immediately before the change;
29                          and
30                    (ii) otherwise than as the result of the
31                          cancellation or surrender of the
32                          Commonwealth permit.



                                                                 page 17
     Petroleum Legislation Amendment Bill 2016
     Part 2         Petroleum and Geothermal Energy Resources Act 1967
                    amended

     s. 8


1              (5)   If --
2                      (a)     assuming that --
3                                 (i) the change to the boundary of the
4                                      offshore area had not occurred; and
5                                (ii) the relevant area had remained in the
6                                      offshore area,
7                              the holder of the Commonwealth permit would
8                              have been entitled to apply under the
9                              Commonwealth Act for the renewal of the
10                             Commonwealth permit in relation to all of the
11                             section 27 blocks that are --
12                              (iii) covered by the Commonwealth permit;
13                                     and
14                              (iv) in the relevant area;
15                             and
16                     (b)     there are one or more section 27 blocks (the
17                             relevant section 27 blocks) that --
18                                (i) correspond to the section 27 blocks
19                                     covered by paragraph (a); and
20                               (ii) are in the inshore area; and
21                              (iii) are not the subject of a variation under
22                                     section 97A,
23                   the Minister is taken --
24                     (c) to have granted the holder of the
25                          Commonwealth permit a petroleum exploration
26                          permit over those relevant section 27 blocks;
27                          and
28                     (d) to have done so immediately after the relevant
29                          time mentioned in whichever of subsection (3)
30                          or (4) is applicable.
31                   Note for this subsection:
32                           For the duration of the petroleum exploration permit, see
33                           section 39(1A).


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     Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                              amended

                                                                       s. 8


1      (6)   If --
2              (a)   assuming that --
3                       (i) the change to the boundary of the
4                            offshore area had not occurred; and
5                      (ii) the relevant area had remained in the
6                            offshore area,
7                    the holder of the Commonwealth permit would
8                    not have been entitled to apply under the
9                    Commonwealth Act for the renewal of the
10                   Commonwealth permit in relation to all of the
11                   section 27 blocks that are --
12                    (iii) covered by the Commonwealth permit;
13                           and
14                    (iv) in the relevant area;
15                   and
16            (b)    there are one or more section 27 blocks (the
17                   relevant section 27 blocks) that --
18                      (i) correspond to the section 27 blocks that
19                           were covered by the Commonwealth
20                           permit immediately before the change;
21                           and
22                     (ii) are in the inshore area; and
23                    (iii) are not the subject of a variation under
24                           section 97A,
25           the Minister is taken --
26             (c) to have granted the holder of the
27                  Commonwealth permit a petroleum exploration
28                  permit over those relevant section 27 blocks;
29                  and




                                                                page 19
     Petroleum Legislation Amendment Bill 2016
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                    amended

     s. 8


1                      (d)     to have done so immediately after the relevant
2                              time mentioned in whichever of subsection (3)
3                              or (4) is applicable.
4                    Note for this subsection:
5                            For the duration of the petroleum exploration permit, see
6                            section 39(1B).

7              (7)   For the purposes of subsections (5) and (6), the
8                    following provisions of the Commonwealth Act are to
9                    be disregarded --
10                     (a) the standard halving rules in section 123 of that
11                           Act;
12                     (b) the modified halving rules in section 124 of that
13                           Act;
14                     (c) a provision of a kind specified in the
15                           regulations.
16             (8)   If, after the change to the boundary of the offshore
17                   area --
18                     (a) a part of a section 27 block that was covered by
19                            the Commonwealth permit immediately before
20                            the change is in the offshore area; and
21                     (b) the remaining part of the section 27 block is in
22                            the inshore area,
23                   then, for the purposes of this section (other than this
24                   subsection), each of those parts is taken to constitute,
25                   and to have always constituted, a section 27 block.
26             (9)   An assumption in subsection (5)(a) or (6)(a) does not
27                   affect subsection (8).
28




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           Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                                    amended

                                                                            s. 9


1    9.      Section 39 amended
2            After section 39(1) insert:
3

4          (1A)    Subject to this Part, a boundary-change permit granted
5                  under section 37B(5) remains in force for a period of
6                  5 years commencing on the day on which the permit is
7                  granted.
8          (1B)    Subject to this Part, a boundary-change permit granted
9                  under section 37B(6) remains in force for a period of
10                 12 months commencing on the day on which the permit
11                 is granted.
12


13   10.     Section 40 amended
14           In section 40(1) delete "sections 41 and 42A," and insert:
15

16           sections 41, 42A and 42B,
17


18   11.     Section 41 amended
19           After section 41(6) insert:
20

21           (7)   Subsections (1) to (5) do not apply to an application for
22                 the renewal of a permit if --
23                   (a) the permit was granted on the basis that an area
24                         (the relevant area) was within the inshore area;
25                         and
26                   (b) as a result of a change to the boundary of the
27                         offshore area, the relevant area --
28                            (i) ceased to be within the inshore area; and
29                           (ii) fell within the offshore area;
30                         and

                                                                       page 21
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                    amended

     s. 12


1                      (c)   immediately before the change, the relevant
2                            area was a part of the permit area.
3              (8)   For the purposes of subsection (7) --
4                     (a) section 6A is to be disregarded; and
5                     (b) it is immaterial whether the change occurred
6                            before, at or after the commencement day.
7              (9)   In subsection (8)(b) --
8                    commencement day means the day on which the
9                    Petroleum Legislation Amendment Act 2016 section 11
10                   comes into operation.
11


12   12.       Section 42B inserted
13             After section 42A insert:
14


15           42B.    Limits on renewal of boundary-change permits
16             (1)   If --
17                     (a)   a boundary-change permit is granted under
18                           section 37B(5); and
19                    (b)    the relevant Commonwealth permit that ceases
20                           to be in force, as mentioned in
21                           section 37B(3)(b) or (4)(b), was granted
22                           otherwise than by way of renewal,
23                   then --
24                     (c) section 41 applies to an application for the
25                          renewal of the boundary-change permit; and
26                     (d) an application must not be made for the
27                          renewal of the boundary-change permit if the
28                          Minister has previously granted a renewal of
29                          the permit.



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                                                          amended

                                                                                s. 13


1                  (2)   If --
2                          (a)   a boundary-change permit is granted under
3                                section 37B(5); and
4                          (b)   the relevant Commonwealth permit that ceases to
5                                be in force, as mentioned in section 37B(3)(b) or
6                                (4)(b), was granted by way of renewal,
7                        an application must not be made for the renewal of the
8                        boundary-change permit.
9                  (3)   If a boundary-change permit is granted under
10                       section 37B(6), an application must not be made for the
11                       renewal of the permit.
12


13   13.           Section 43 amended
14         (1)     After section 43(1) insert:
15

16               (1A)    Subsection (1) does not apply to a boundary-change
17                       permit.
18

19         (2)     After section 43(2) insert:
20

21                 (3)   The Minister may, by written notice given to the
22                       permittee, vary a boundary-change permit by imposing
23                       one or more conditions to which the permit is subject.
24                 (4)   A notice under subsection (3) may only be given within
25                       14 days after the grant of the boundary-change permit.
26                 (5)   A variation under subsection (3) takes effect on the day
27                       on which notice of the variation is given to the
28                       permittee.
29                 (6)   If, when a boundary-change permit is granted, the
30                       relevant Commonwealth permit that ceases to be in
31                       force, as mentioned in section 37B(3)(b) or (4)(b), is of

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     Petroleum Legislation Amendment Bill 2016
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                    amended

     s. 13


1                    a kind that corresponds to a petroleum exploration
2                    permit granted under section 32(4) or 37, any or all of
3                    the conditions mentioned in subsection (7) may be
4                    specified in --
5                      (a) the boundary-change permit; or
6                      (b) a permit granted by way of the renewal of the
7                            boundary-change permit.
8              (7)   The following conditions are specified for the purposes
9                    of subsection (6) --
10                     (a) conditions requiring the permittee to carry out
11                           work in, or in relation to, the permit area
12                           (including conditions requiring the permittee to
13                           carry out the work during a period of 12 months
14                           or longer, or during periods each of which is
15                           12 months or longer);
16                     (b) conditions relating to the amounts that the
17                           permittee must spend in carrying out such
18                           work;
19                     (c) conditions requiring the permittee to comply
20                           with directions that --
21                              (i) relate to the matters covered by
22                                  paragraphs (a) and (b); and
23                             (ii) are given in accordance with the permit.
24             (8)   Subsection (6) does not limit subsection (3).
25             (9)   If --
26                     (a)   a boundary-change permit is granted; and
27                     (b)   the relevant Commonwealth permit that ceases
28                           to be in force, as mentioned in
29                           section 37B(3)(b) or (4)(b), is a cash-bid
30                           petroleum exploration permit, as defined in the
31                           Commonwealth Act section 7,



     page 24
                                        Petroleum Legislation Amendment Bill 2016
                 Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                                          amended

                                                                                s. 14


1                        the conditions mentioned in subsection (10) must not
2                        be specified in --
3                          (c) the boundary-change permit; or
4                          (d) a permit granted by way of the renewal of the
5                               boundary-change permit.
6                 (10)   The following conditions are specified for the purposes
7                        of subsection (9) --
8                          (a) conditions requiring the permittee to carry out
9                                work in, or in relation to, the permit area;
10                         (b) conditions requiring the permittee to spend
11                               particular amounts on the carrying out of work
12                               in, or in relation to, the permit area.
13


14   14.           Section 47 amended
15         (1)     Before section 47(1) insert:
16

17               (1A)    In this section --
18                       section 27 block means --
19                         (a) a block constituted as provided by section 27;
20                                or
21                         (b) if a graticular section is wholly within the area
22                                that was covered by the Commonwealth permit
23                                concerned -- the graticular section; or
24                         (c) if a part only of a graticular section is within
25                                the area that was covered by the
26                                Commonwealth permit concerned -- that part
27                                of the graticular section.
28




                                                                           page 25
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                    amended

     s. 14


1       (2)     After section 47(2) insert:
2

3             (2A)    Subsection (2B) applies if --
4                      (a) a boundary-change permit is granted over one
5                            or more section 27 blocks; and
6                      (b) immediately before the grant, those
7                            section 27 blocks were, or were part of, a
8                            location as defined in the Commonwealth Act
9                            section 7; and
10                     (c) apart from this subsection, those
11                           section 27 blocks are not, and are not part of, a
12                           location as defined in section 5 of this Act.
13             (2B)   The Minister is taken --
14                     (a) to have declared those section 27 blocks to be a
15                          location; and
16                     (b) to have done so immediately after the grant.
17             (2C)   Subsection (2D) applies if --
18                     (a) a permit is varied under section 97A so as to
19                           include in the permit area one or more
20                           section 27 blocks; and
21                     (b) immediately before the variation, those
22                           section 27 blocks were, or were part of, a
23                           location as defined in the Commonwealth Act
24                           section 7; and
25                     (c) apart from this subsection, those section 27
26                           blocks are not, and are not part of, a location as
27                           defined in section 5 of this Act.
28            (2D)    The Minister is taken --
29                     (a) to have declared those section 27 blocks to be a
30                          location; and
31                     (b) to have done so immediately after the variation.
32



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                                  Petroleum Legislation Amendment Bill 2016
           Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                                    amended

                                                                         s. 15


1    15.     Section 48CD inserted
2            After section 48CC insert:
3


4          48CD. Grant of petroleum retention lease as result of
5                change to boundary of offshore area
6            (1)   In this section --
7                  section 27 block means --
8                    (a) a block constituted as provided by section 27;
9                           or
10                   (b) if a graticular section is wholly within the area
11                          that was covered by the Commonwealth lease
12                          concerned -- the graticular section; or
13                   (c) if a part only of a graticular section is within
14                          the area that was covered by the
15                          Commonwealth lease concerned -- that part of
16                          the graticular section.
17                 Note for this definition:
18                        See also subsection (6).

19           (2)   This section applies if --
20                  (a) a Commonwealth lease has been granted on the
21                        basis that an area (the relevant area) is within
22                        the offshore area; and
23                  (b) as a result of a change to the boundary of the
24                        offshore area, the relevant area --
25                           (i) ceases to be within the offshore area;
26                                and
27                          (ii) falls within the inshore area;
28                        and
29                  (c) either --
30                           (i) the conditions set out in subsection (3)
31                                are satisfied; or

                                                                      page 27
     Petroleum Legislation Amendment Bill 2016
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                    amended

     s. 15


1                             (ii)   the conditions set out in subsection (4)
2                                    are satisfied;
3                           and
4                     (d)   there are one or more section 27 blocks (the
5                           relevant section 27 blocks) that --
6                              (i) correspond to the section 27 blocks that
7                                   were covered by the Commonwealth
8                                   lease immediately before the change;
9                                   and
10                            (ii) are in the inshore area; and
11                           (iii) are not the subject of a variation under
12                                  section 97A.
13             (3)   The conditions mentioned in subsection (2)(c)(i) are --
14                    (a) one or more, but not all, of the section 27
15                          blocks that were covered by the
16                          Commonwealth lease immediately before the
17                          change are in the relevant area; and
18                    (b) the Commonwealth lease subsequently ceases
19                          to be in force at the same time (the relevant
20                          time) --
21                             (i) as to all of the section 27 blocks that
22                                  were covered by the Commonwealth
23                                  lease immediately before the change
24                                  and that are in the offshore area; and
25                            (ii) otherwise than as the result of the
26                                  cancellation or surrender of the
27                                  Commonwealth lease.
28             (4)   The conditions mentioned in subsection (2)(c)(ii)
29                   are --
30                     (a) all of the section 27 blocks that were covered
31                          by the Commonwealth lease immediately
32                          before the change are in the relevant area; and



     page 28
                            Petroleum Legislation Amendment Bill 2016
     Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                              amended

                                                                                 s. 15


1              (b)     the Commonwealth lease subsequently ceases
2                      to be in force at the same time (the relevant
3                      time) --
4                         (i) as to all of the section 27 blocks that
5                              were covered by the Commonwealth
6                              lease immediately before the change;
7                              and
8                        (ii) otherwise than as the result of the
9                              cancellation or surrender of the
10                             Commonwealth lease.
11     (5)   The Minister is taken --
12            (a) to have granted the holder of the
13                 Commonwealth lease a petroleum retention
14                 lease over the relevant section 27 blocks; and
15            (b) to have done so immediately after the relevant
16                 time mentioned in whichever of subsection (3)
17                 or (4) is applicable.
18           Note for this subsection:
19                   For the duration of the petroleum retention lease, see
20                   section 48D(2).

21     (6)   If, after the change to the boundary of the offshore
22           area --
23             (a) a part of a section 27 block that was covered by
24                    the Commonwealth lease immediately before
25                    the change is in the offshore area; and
26             (b) the remaining part of the section 27 block is in
27                    the inshore area,
28           then, for the purposes of this section (other than this
29           subsection), each of those parts is taken to constitute,
30           and to have always constituted, a section 27 block.
31




                                                                              page 29
     Petroleum Legislation Amendment Bill 2016
     Part 2         Petroleum and Geothermal Energy Resources Act 1967
                    amended

     s. 16


1    16.          Section 48D amended
2          (1)    In section 48D:
3                   (a) delete "Subject" and insert:
4

5                          (1)   Subject
6

7                   (b)    delete "otherwise)" and insert:
8

9                          otherwise and other than a petroleum retention lease
10                         granted under section 48CD)
11

12         (2)    At the end of section 48D insert:
13

14                (2)     Subject to this Part, a petroleum retention lease granted
15                        under section 48CD remains in force for a period of
16                        5 years commencing on the day on which the lease is
17                        granted.
18


19   17.          Section 48H amended
20         (1)    After section 48H(1) insert:
21

22               (1A)     Subsection (1) does not apply to a petroleum retention
23                        lease granted under section 48CD.
24

25         (2)    After section 48H(4) insert:
26

27                (5)     The Minister may, by written notice given to the lessee,
28                        vary a petroleum retention lease granted under
29                        section 48CD by imposing one or more conditions to
30                        which the lease is subject.



     page 30
                                  Petroleum Legislation Amendment Bill 2016
           Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                                    amended

                                                                          s. 18


1            (6)   A notice under subsection (5) may only be given within
2                  14 days after the grant of the petroleum retention lease.
3            (7)   A variation under subsection (5) takes effect on the day
4                  on which notice of the variation is given to the lessee.
5


6    18.     Section 56 amended
7            After section 56(6) insert:
8

9            (7)   This section does not apply in relation to a permit if --
10                  (a) the permit has been granted on the basis that an
11                        area (the relevant area) is within the inshore
12                        area; and
13                  (b) as a result of a change to the boundary of the
14                        offshore area, the relevant area --
15                           (i) ceases to be within the inshore area; and
16                          (ii) falls within the offshore area;
17                        and
18                  (c) immediately before the change, the relevant
19                        area was a part of the permit area.
20           (8)   For the purposes of subsection (7) --
21                  (a) section 6A is to be disregarded; and
22                  (b) it is immaterial whether the change occurred
23                         before, at or after the commencement day.
24           (9)   In subsection (8)(b) --
25                 commencement day means the day on which the
26                 Petroleum Legislation Amendment Act 2016 section 18
27                 comes into operation.
28




                                                                       page 31
     Petroleum Legislation Amendment Bill 2016
     Part 2         Petroleum and Geothermal Energy Resources Act 1967
                    amended

     s. 19


1    19.       Section 61A inserted
2              After section 61 insert:
3


4            61A.    Grant of petroleum production licence as result of
5                    change to boundary of offshore area
6              (1)   In this section --
7                    section 27 block means --
8                      (a) a block constituted as provided by section 27;
9                             or
10                     (b) if a graticular section is wholly within the area
11                            that was covered by the Commonwealth licence
12                            concerned -- the graticular section; or
13                     (c) if a part only of a graticular section is within
14                            the area that was covered by the
15                            Commonwealth licence concerned -- that part
16                            of the graticular section.
17                   Note for this definition:
18                          See also subsection (6).

19             (2)   This section applies if --
20                    (a) a Commonwealth licence has been granted on
21                          the basis that an area (the relevant area) is
22                          within the offshore area; and
23                    (b) as a result of a change to the boundary of the
24                          offshore area, the relevant area --
25                             (i) ceases to be within the offshore area;
26                                  and
27                            (ii) falls within the inshore area;
28                          and




     page 32
                            Petroleum Legislation Amendment Bill 2016
     Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                              amended

                                                                  s. 19


1             (c)   either --
2                      (i) the conditions set out in subsection (3)
3                           are satisfied; or
4                     (ii) the conditions set out in subsection (4)
5                           are satisfied;
6                   and
7             (d)   there are one or more section 27 blocks (the
8                   relevant section 27 blocks) that --
9                      (i) correspond to the section 27 blocks that
10                          were covered by the Commonwealth
11                          licence immediately before the change;
12                          and
13                    (ii) are in the inshore area; and
14                   (iii) are not the subject of a variation under
15                          section 97A.
16     (3)   The conditions mentioned in subsection (2)(c)(i) are --
17            (a) one or more, but not all, of the section 27
18                  blocks that were covered by the
19                  Commonwealth licence immediately before the
20                  change are in the relevant area; and
21            (b) the Commonwealth licence subsequently ceases
22                  to be in force at the same time (the relevant
23                  time) --
24                     (i) as to all of the section 27 blocks that
25                          were covered by the Commonwealth
26                          licence immediately before the change
27                          and that are in the offshore area; and
28                    (ii) otherwise than as the result of the
29                          cancellation or surrender of the
30                          Commonwealth licence.




                                                               page 33
     Petroleum Legislation Amendment Bill 2016
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                    amended

     s. 19


1              (4)   The conditions mentioned in subsection (2)(c)(ii)
2                    are --
3                      (a) all of the section 27 blocks that were covered
4                           by the Commonwealth licence immediately
5                           before the change are in the relevant area; and
6                      (b) the Commonwealth licence subsequently ceases
7                           to be in force at the same time (the relevant
8                           time) --
9                              (i) as to all of the section 27 blocks that
10                                  were covered by the Commonwealth
11                                  licence immediately before the change;
12                                  and
13                            (ii) otherwise than as the result of the
14                                  cancellation or surrender of the
15                                  Commonwealth licence.
16             (5)   The Minister is taken --
17                    (a) to have granted the holder of the
18                         Commonwealth licence a petroleum production
19                         licence over the relevant section 27 blocks; and
20                    (b) to have done so immediately after the relevant
21                         time mentioned in whichever of subsection (3)
22                         or (4) is applicable.
23                   Note for this subsection:
24                          For the duration of the licence, see section 63(3).

25             (6)   If, after the change to the boundary of the offshore
26                   area --
27                     (a) a part of a section 27 block that was covered by
28                            the Commonwealth licence immediately before
29                            the change is in the offshore area; and




     page 34
                                        Petroleum Legislation Amendment Bill 2016
                 Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                                          amended

                                                                                    s. 20


1                          (b)   the remaining part of the section 27 block is in
2                                the inshore area,
3                        then, for the purposes of this section (other than this
4                        subsection), each of those parts is taken to constitute,
5                        and to have always constituted, a section 27 block.
6


7    20.           Section 63 amended
8          (1)     In section 63(2) delete "section 41(3)" and insert:
9

10                 section 41(3), other than a petroleum production licence granted
11                 under section 61A,
12

13         (2)     After section 63(2) insert:
14

15                 (3)   Subject to this Part, a petroleum production licence
16                       granted under section 61A remains in force for the
17                       period of 21 years commencing on the day on which
18                       the licence is granted.
19


20   21.           Section 64 amended
21         (1)     Delete section 64(1) and insert:
22

23                 (1)   Subject to this section, a licensee under a licence to
24                       which section 63(1)(a) or (b) or (3) applies may, from
25                       time to time, make an application to the Minister for
26                       the renewal of the licence.
27




                                                                              page 35
     Petroleum Legislation Amendment Bill 2016
     Part 2         Petroleum and Geothermal Energy Resources Act 1967
                    amended

     s. 22


1          (2)   After section 64(3) insert:
2

3                (4)   If --
4                        (a)   a petroleum production licence is granted under
5                              section 61A; and
6                        (b)   the relevant Commonwealth licence that ceases
7                              to be in force, as mentioned in
8                              section 61A(3)(b) or (4)(b), was granted
9                              otherwise than by way of renewal,
10                     an application must not be made for the renewal of the
11                     petroleum production licence if the Minister has
12                     previously granted a renewal of the licence.
13               (5)   If --
14                       (a)   a petroleum production licence is granted under
15                             section 61A; and
16                       (b)   the relevant Commonwealth licence that ceases
17                             to be in force, as mentioned in
18                             section 61A(3)(b) or (4)(b), was granted by
19                             way of renewal,
20                     an application must not be made for the renewal of the
21                     petroleum production licence.
22


23   22.         Section 66 amended
24               After section 66(2) insert:
25

26               (3)   Subsection (1) does not apply to a petroleum
27                     production licence granted under section 61A.
28               (4)   The Minister may, by written notice given to the
29                     licensee, vary a petroleum production licence granted
30                     under section 61A by imposing one or more conditions
31                     to which the licence is subject.

     page 36
                                        Petroleum Legislation Amendment Bill 2016
                 Petroleum and Geothermal Energy Resources Act 1967        Part 2
                                                          amended

                                                                                   s. 23


1                  (5)     A notice under subsection (4) may only be given within
2                          14 days after the grant of the petroleum production
3                          licence.
4                  (6)     A variation under subsection (4) takes effect on the day
5                          on which notice of the variation is given to the
6                          licensee.
7


8    23.           Section 69 amended
9          (1)     Before section 69(1) insert:
10

11               (1A)      In this section --
12                         Joint Authority and offshore area have the respective
13                         meanings given in the Commonwealth Act section 7.
14

15         (2)     In section 69(1)(a)(i) delete "State or of the Northern Territory,"
16                 and insert:
17

18                 State, the Northern Territory or the Commonwealth,
19

20         (3)     In section 69(11):
21                   (a) in paragraph (b) delete "Territory," and insert:
22

23                          Territory; or
24

25                   (b)    after paragraph (b) insert:
26

27                          (c)   the offshore area,
28




                                                                              page 37
     Petroleum Legislation Amendment Bill 2016
     Part 2         Petroleum and Geothermal Energy Resources Act 1967
                    amended

     s. 24


1                   (c)    delete "another State or a Territory referred to in
2                          paragraph (a)." and insert:
3

4                          the other State or the Territory if paragraph (a) or (b)
5                          applies and with the Joint Authority if paragraph (c)
6                          applies.
7

8          (4)   In section 69(11a) delete "another State or a Territory referred
9                to in paragraph (a)." and insert:
10

11               the other State or the Territory.
12

13         (5)   In section 69(12) delete "concerned." and insert:
14

15               concerned and with the approval of the Joint Authority if
16               subsection (11)(c) applies.
17


18   24.         Section 97A inserted
19               After section 97 insert:
20


21           97A.         Variation of petroleum title by including area as
22                        result of change to boundary of offshore area
23               (1)      In this section --
24                        Commonwealth title means --
25                          (a) a Commonwealth permit; or
26                          (b) a Commonwealth lease; or
27                          (c) a Commonwealth licence;
28                        fixed-term WA petroleum production licence means a
29                        petroleum production licence granted for a fixed period
30                        of years;


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                                              amended

                                                                       s. 24


1            petroleum title means a petroleum exploration permit,
2            petroleum retention lease or fixed-term WA petroleum
3            production licence;
4            section 27 block means --
5              (a) a block constituted as provided by section 27;
6                    or
7              (b) if a graticular section is wholly within the area
8                    that was covered by the Commonwealth title
9                    concerned -- the graticular section; or
10             (c) if a part only of a graticular section is within
11                   the area that was covered by the
12                   Commonwealth title concerned -- that part of
13                   the graticular section.
14           Note for this definition:
15                  See also subsection (14).

16     (2)   This section applies if --
17            (a) a Commonwealth title has been granted on the
18                  basis that an area (the relevant area) is within
19                  the offshore area; and
20            (b) as a result of a change to the boundary of the
21                  offshore area, the relevant area --
22                     (i) ceases to be within the offshore area;
23                          and
24                    (ii) falls within the inshore area;
25                  and
26            (c) either --
27                     (i) the conditions set out in subsection (3)
28                          are satisfied; or
29                    (ii) the conditions set out in subsection (4)
30                          are satisfied;
31                  and



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                    amended

     s. 24


1                      (d)    immediately before the relevant time mentioned
2                             in whichever of subsection (3) or (4) is
3                             applicable --
4                                (i) the Commonwealth title was held by the
5                                     registered holder of a petroleum title
6                                     that corresponds to the Commonwealth
7                                     title; and
8                               (ii) at least one section 27 block covered by
9                                     the petroleum title immediately adjoined
10                                    at least one other section 27 block that
11                                    was covered by the Commonwealth title
12                                    and that is in the relevant area;
13                            and
14                     (e)    before the relevant time mentioned in
15                            whichever of subsection (3) or (4) is
16                            applicable --
17                               (i) the registered holder of the
18                                    Commonwealth title; and
19                              (ii) the registered holder of the petroleum
20                                    title,
21                            gave the Minister a written notice electing to
22                            accept the variation under this section of the
23                            petroleum title.
24                   Note for this subsection:
25                           For when a petroleum title corresponds to a Commonwealth
26                           title, see subsection (13).

27             (3)   The conditions mentioned in subsection (2)(c)(i) are --
28                    (a) one or more, but not all, of the section 27
29                          blocks that were covered by the
30                          Commonwealth title immediately before the
31                          change are in the relevant area; and




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                                              amended

                                                                      s. 24


1             (b)    the Commonwealth title subsequently ceases to
2                    be in force at the same time (the relevant
3                    time) --
4                       (i) as to all of the section 27 blocks that
5                            were covered by the Commonwealth
6                            title immediately before the change and
7                            that are in the offshore area; and
8                      (ii) otherwise than as the result of the
9                            cancellation or surrender of the
10                           Commonwealth title.
11     (4)   The conditions mentioned in subsection (2)(c)(ii)
12           are --
13             (a) all of the section 27 blocks that were covered
14                  by the Commonwealth title immediately before
15                  the change are in the relevant area; and
16             (b) the Commonwealth title subsequently ceases to
17                  be in force at the same time (the relevant
18                  time) --
19                     (i) as to all of the section 27 blocks that
20                          were covered by the Commonwealth
21                          title immediately before the change; and
22                    (ii) otherwise than as the result of the
23                          cancellation or surrender of the
24                          Commonwealth title.
25     (5)   If the conditions set out in subsection (2)(d) and (e) are
26           met in relation to only one petroleum title, that
27           petroleum title is the relevant petroleum title for the
28           purposes of this section.
29     (6)   If the conditions set out in subsection (2)(d) and (e)
30           would, apart from this subsection, be met in relation to
31           2 or more petroleum titles that have the same registered
32           holder, the Minister must, by written notice given to
33           the registered holder, declare that one of those


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                    amended

     s. 24


1                    petroleum titles is the relevant petroleum title for the
2                    purposes of this section.
3              (7)   If the relevant petroleum title is a petroleum
4                    exploration permit --
5                      (a) the Minister must, by written notice given to
6                             the permittee, vary the permit to include in the
7                             permit area all of the section 27 blocks that --
8                                (i) correspond to the section 27 blocks that
9                                     were covered by the Commonwealth
10                                    title immediately before the change; and
11                              (ii) are in the inshore area;
12                            and
13                     (b) the section 27 blocks included in the permit
14                            area because of the variation are, for the
15                            remainder of the term of the permit, blocks in
16                            relation to which the permit is in force.
17             (8)   If the relevant petroleum title is a petroleum retention
18                   lease --
19                     (a) the Minister must, by written notice given to
20                            the lessee, vary the lease to include in the lease
21                            area all of the section 27 blocks that --
22                               (i) correspond to the section 27 blocks that
23                                    were covered by the Commonwealth
24                                    title immediately before the change; and
25                              (ii) are in the inshore area;
26                            and
27                     (b) the section 27 blocks included in the lease area
28                            because of the variation are, for the remainder
29                            of the term of the lease, blocks in relation to
30                            which the lease is in force.




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                                              amended

                                                                       s. 24


1      (9)   If the relevant petroleum title is a petroleum production
2            licence --
3              (a) the Minister must, by written notice given to
4                     the licensee, vary the licence to include in the
5                     licence area all of the section 27 blocks that --
6                        (i) correspond to the section 27 blocks that
7                             were covered by the Commonwealth
8                             title immediately before the change; and
9                       (ii) are in the inshore area;
10                    and
11             (b) the section 27 blocks included in the licence
12                    area because of the variation are, for the
13                    remainder of the term of the licence, blocks in
14                    relation to which the licence is in force.
15    (10)   Subsections (7)(b), (8)(b) and (9)(b) have effect subject
16           to this Part.
17    (11)   A variation mentioned in subsection (7)(a), (8)(a) or
18           (9)(a) takes effect immediately after the relevant time
19           mentioned in whichever of subsection (3) or (4) is
20           applicable.
21    (12)   For the purposes of this section, a section 27 block
22           immediately adjoins another section 27 block if --
23             (a) the graticular section that constitutes or
24                   includes that section 27 block and the graticular
25                   section that constitutes or includes that other
26                   section 27 block --
27                      (i) have a side in common; or
28                     (ii) are joined together at one point only;
29                   or
30             (b) that section 27 block and that other section 27
31                   block are in the same graticular section.



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     Petroleum Legislation Amendment Bill 2016
     Part 2         Petroleum and Geothermal Energy Resources Act 1967
                    amended

     s. 24


1              (13)   For the purposes of this section --
2                      (a) a petroleum exploration permit granted
3                             otherwise than by way of renewal corresponds
4                             to a Commonwealth permit granted otherwise
5                             than by way of renewal; and
6                      (b) a petroleum retention lease corresponds to a
7                             Commonwealth lease; and
8                      (c) a fixed-term WA petroleum production licence
9                             granted otherwise than by way of renewal
10                            corresponds to a Commonwealth licence
11                            granted otherwise than by way of renewal; and
12                     (d) a petroleum exploration permit granted by way
13                            of first renewal corresponds to a
14                            Commonwealth permit granted by way of first
15                            renewal; and
16                     (e) a fixed-term WA petroleum production licence
17                            granted by way of first renewal corresponds to
18                            a Commonwealth licence granted by way of
19                            first renewal; and
20                      (f) a petroleum exploration permit granted by way
21                            of second renewal corresponds to a
22                            Commonwealth permit granted by way of
23                            second renewal; and
24                     (g) a fixed-term WA petroleum production licence
25                            granted by way of second or subsequent
26                            renewal corresponds to a fixed-term petroleum
27                            production licence, as defined in the
28                            Commonwealth Act section 7, granted by way
29                            of second or subsequent renewal.
30             (14)   If, after the change to the boundary of the offshore
31                    area --
32                      (a) a part of a section 27 block that was covered by
33                             the Commonwealth title immediately before the
34                             change is in the offshore area; and


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                           Petroleum Legislation Amendment Bill 2016
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                                             amended

                                                                       s. 24


1            (b)    the remaining part of the section 27 block is in
2                   the inshore area,
3           then, for the purposes of this section (other than this
4           subsection), each of those parts is taken to constitute,
5           and to have always constituted, a section 27 block.
6




                                                                 page 45
     Petroleum Legislation Amendment Bill 2016
     Part 3         Petroleum (Submerged Lands) Act 1982 amended

     s. 25



1                 Part 3 -- Petroleum (Submerged Lands)
2                           Act 1982 amended
3    25.         Act amended
4                This Part amends the Petroleum (Submerged Lands) Act 1982.

5    26.         Section 4 amended
6          (1)   In section 4 delete "In" and insert:
7

8                (1)   In
9

10         (2)   In section 4 delete the definition of interstate Minister.
11         (3)   In section 4 insert in alphabetical order:
12

13                     boundary-change permit means a permit granted
14                     under section 27A;
15                     Commonwealth lease means a petroleum retention
16                     lease as defined in the Commonwealth Act section 7;
17                     Commonwealth licence means a fixed-term petroleum
18                     production licence as defined in the Commonwealth
19                     Act section 7;
20                     Commonwealth permit means a petroleum exploration
21                     permit as defined in the Commonwealth Act section 7;
22                     granted, in relation to a boundary-change permit, a
23                     lease under section 38CD or a licence under
24                     section 51A, means taken to have been granted;
25

26         (4)   In section 4 in the definition of permit delete "Part III;" and
27               insert:
28

29               Part III, including a boundary-change permit;
30


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                    Petroleum (Submerged Lands) Act 1982 amended         Part 3

                                                                                  s. 27



1          (5)    At the end of section 4 insert:
2

3                 (2)    Notes in this Act are provided to assist understanding
4                        and do not form part of the Act.
5


6    27.          Section 6A amended
7          (1)    In section 6A(3)(b) delete "waters" and insert:
8

9                 area
10

11         (2)    In section 6A(5)(b) delete "waters the first" and insert:
12

13                area the second
14


15   28.          Section 9 amended
16         (1)    Before section 9(1) insert:
17

18               (1A)    In this section --
19                       Joint Authority has the meaning given in the
20                       Commonwealth Act section 7.
21

22         (2)    After section 9(7) insert:
23

24               (7A)    If a petroleum pool is partly in a licence area and partly
25                       in another area (in this subsection called the other
26                       area) in which the licensee has authority, under another
27                       written law, to explore for or recover petroleum, and
28                       petroleum is recovered from that pool through a well or
29                       wells in the licence area, the other area or both, there is
30                       taken to have been recovered in the licence area such

                                                                              page 47
     Petroleum Legislation Amendment Bill 2016
     Part 3         Petroleum (Submerged Lands) Act 1982 amended

     s. 28



1                     proportion of all petroleum so recovered as may
2                     reasonably be treated as being derived from that area,
3                     having regard to the nature and probable extent of the
4                     pool, and that proportion is to be determined in
5                     accordance with subsection (7B).
6              (7B)   The proportion to be determined for the purposes of
7                     subsection (7A) may be determined by agreement
8                     between the licensee, the Minister and, if the other
9                     written law is administered by a Minister of the Crown
10                    other than the Minister, that Minister of the Crown or,
11                    in the absence of agreement, may be determined by the
12                    Supreme Court on the application of any of those
13                    persons.
14

15      (3)     After section 9(8) insert:
16

17            (8A)    If --
18                      (a)   an agreement is in force to explore for, or
19                            recover, petroleum between --
20                               (i) a licensee, the Joint Authority and the
21                                   Minister in relation to a petroleum pool
22                                   that is partly in the licence area and
23                                   partly in another area (the other area) in
24                                   which the licensee has authority under
25                                   the Commonwealth Act; or
26                              (ii) a licensee, the Minister and the Minister
27                                   administering a corresponding law in
28                                   relation to a petroleum pool that is
29                                   partly in the licence area and partly in
30                                   another area (the other area) in which
31                                   the licensee has authority under the
32                                   corresponding law; or
33                             (iii) a licensee, the Minister and, if the other
34                                   written law mentioned in this


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     Petroleum (Submerged Lands) Act 1982 amended         Part 3

                                                                 s. 28



1                      subparagraph is administered by a
2                      Minister of the Crown other than the
3                      Minister, that Minister of the Crown in
4                      relation to a petroleum pool that is
5                      partly in the licence area and partly in
6                      another area (the other area) in which
7                      the licensee has authority under another
8                      written law;
9               and
10        (b)   the agreement contains a provision (the
11              apportionment provision) that provides that,
12              for the purposes of this section, there is taken to
13              be recovered in the licence area a specified
14              proportion of all of the petroleum recovered
15              from the petroleum pool; and
16        (c)   assuming that petroleum were recovered from
17              the part of the seabed that is within the areal
18              and vertical extents specified in the agreement,
19              the specified proportion would be consistent
20              with such proportion of all petroleum so
21              recovered as may reasonably be treated as
22              being derived from the licence area, having
23              regard to the nature and probable extent of the
24              petroleum in that part of the seabed; and
25        (d)   the agreement contains a provision to the effect
26              that if it becomes apparent that the areal and
27              vertical extents of the petroleum pool, as
28              specified in the agreement, comprise or are
29              likely to comprise more than one petroleum
30              pool, the apportionment set out in the
31              apportionment provision will apply to the
32              petroleum recovered from any or all of those
33              petroleum pools, regardless of their location but
34              within those areal and vertical extents; and
35        (e)   after the time of the making of the agreement, it
36              becomes apparent that the areal and vertical

                                                              page 49
     Petroleum Legislation Amendment Bill 2016
     Part 3         Petroleum (Submerged Lands) Act 1982 amended

     s. 28



1                             extents of the petroleum pool, as specified in
2                             the agreement, comprise, or are likely to
3                             comprise, 2 or more petroleum pools; and
4                       (f)   petroleum is recovered from any of those
5                             petroleum pools through a well or wells in the
6                             licence area, the other area or both,
7                     then --
8                       (g) for the purposes of this Act, there is taken to
9                            have been recovered in the licence area such
10                           proportion of all petroleum so recovered as is
11                           specified in the apportionment provision; and
12                      (h) subsection (4), (6) or (7A), as the case requires,
13                           does not apply to any of those petroleum pools.
14             (8B)   The question of whether there is or was a petroleum
15                    pool covered by subsection (8A)(a) is to be determined
16                    on the basis of information known at the time of the
17                    making of the relevant agreement referred to in that
18                    provision.
19             (8C)   The question of whether subsection (8A)(c) applies is
20                    to be determined on the basis of information known at
21                    the time of the commencement of the apportionment
22                    provision.
23           (8D)     The location of any of the 2 or more petroleum pools
24                    mentioned in subsection (8A)(e) is immaterial.
25             (8E)   If --
26                      (a) at a particular time after the commencement
27                          day, a petroleum pool is partly in a licence area
28                          and partly in another area (the other area) in
29                          which the licensee has authority under the
30                          Commonwealth Act, a corresponding law or
31                          another written law to explore for, or recover,
32                          petroleum; and



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                       Petroleum Legislation Amendment Bill 2016
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                                                                 s. 28



1         (b)   at that time, an agreement is made between --
2                  (i) if the licensee has authority under the
3                        Commonwealth Act -- the licensee, the
4                        Joint Authority and the Minister; or
5                 (ii) if the licensee has authority under a
6                        corresponding law -- the licensee, the
7                        Minister and the Minister administering
8                        the corresponding law; or
9                (iii) if the licensee has authority under
10                       another written law -- the licensee, the
11                       Minister and, if the other written law is
12                       administered by a Minister of the Crown
13                       other than the Minister, that Minister of
14                       the Crown;
15              and
16        (c)   the agreement specifies a part of the seabed by
17              reference to its areal and vertical extents; and
18        (d)   the areal and vertical extents of the specified
19              part consist of --
20                 (i) the whole or a part of the licence area;
21                       and
22                (ii) the whole or a part of the other area;
23              and
24        (e)   the areal and vertical extents of the specified
25              part include the petroleum pool; and
26        (f)   the agreement contains a provision (the
27              apportionment provision) that provides that,
28              for the purposes of this section, there is taken to
29              be recovered in the licence area a specified
30              proportion of all of the petroleum recovered
31              from the specified part; and




                                                             page 51
     Petroleum Legislation Amendment Bill 2016
     Part 3         Petroleum (Submerged Lands) Act 1982 amended

     s. 28



1                      (g)   assuming that petroleum were recovered from
2                            the specified part, the specified proportion
3                            would be consistent with such proportion of all
4                            petroleum so recovered as may reasonably be
5                            treated as being derived from the licence area,
6                            having regard to the nature and probable extent
7                            of the petroleum in the specified part; and
8                      (h)   petroleum is recovered from the specified part
9                            through a well or wells in the licence area, the
10                           other area or both,
11                    then --
12                      (i) for the purposes of this Act, there is taken to
13                           have been recovered in the licence area such
14                           proportion of all petroleum so recovered as is
15                           specified in the apportionment provision; and
16                      (j) subsection (4), (6) or (7A), as the case requires,
17                           does not apply to a petroleum pool located in
18                           the specified part.
19             (8F)   The question of whether there is or was a petroleum
20                    pool covered by subsection (8E)(a) at a particular time
21                    is to be determined on the basis of information known
22                    at that time.
23           (8G)     The question of whether subsection (8E)(g) applies is
24                    to be determined on the basis of information known at
25                    the time of the commencement of the apportionment
26                    provision.
27           (8H)     In subsection (8E)(a) --
28                    commencement day means the day on which the
29                    Petroleum Legislation Amendment Act 2016 section 28
30                    comes into operation.
31




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                                       Petroleum Legislation Amendment Bill 2016
                     Petroleum (Submerged Lands) Act 1982 amended         Part 3

                                                                                        s. 29



1          (4)     In section 9(9)(a) after "this Act," insert:
2

3                  another written law,
4

5                  Note: The heading to amended section 9 is to read:
6                        Petroleum pool extending into 2 licence areas or other areas

7    29.           Section 11 amended
8          (1)     In section 11 delete the definition of Designated Authority.
9          (2)     In section 11 in the definition of Commonwealth Act
10                 paragraph (d) delete "(Commonwealth);" and insert:
11

12                 (Commonwealth).
13

14                 Note: The heading to amended section 11 is to read:
15                       Term used: Commonwealth Act

16   30.           Sections 13 and 14 deleted
17                 Delete sections 13 and 14.

18   31.           Section 15 replaced
19                 Delete section 15 and insert:
20


21           15.         Public service officers performing functions under
22                       Commonwealth Act
23                 (1)   In this section --
24                       officer means a public service officer employed in the
25                       department of the Public Service principally assisting
26                       the Minister in the administration of this Act.
27                 (2)   An officer is to perform any function or duty that the
28                       Minister, as a member of the Joint Authority, requires


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     Petroleum Legislation Amendment Bill 2016
     Part 3         Petroleum (Submerged Lands) Act 1982 amended

     s. 32



1                    the officer to perform in relation to a Commonwealth
2                    Act.
3


4    32.       Section 27A inserted
5              After section 27 insert:
6


7            27A.    Grant of boundary-change permit
8              (1)   In this section --
9                    section 17 block means --
10                     (a) a block constituted as provided by section 17;
11                            or
12                     (b) if a graticular section is wholly within the area
13                            that was covered by the Commonwealth permit
14                            concerned -- the graticular section; or
15                     (c) if a part only of a graticular section is within
16                            the area that was covered by the
17                            Commonwealth permit concerned -- that part
18                            of the graticular section.
19                   Note for this definition:
20                          See also subsection (8).

21             (2)   This section applies if --
22                    (a) a Commonwealth permit has been granted on
23                          the basis that an area (the relevant area) is
24                          within the offshore area; and
25                    (b) as a result of a change to the boundary of the
26                          offshore area, the relevant area --
27                             (i) ceases to be within the offshore area;
28                                  and
29                            (ii) falls within the adjacent area;
30                          and


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                                                                   s. 32



1           (c)   either --
2                   (i) the conditions set out in subsection (3)
3                        are satisfied; or
4                  (ii) the conditions set out in subsection (4)
5                        are satisfied.
6    (3)   The conditions mentioned in subsection (2)(c)(i) are --
7           (a) one or more, but not all, of the section 17
8                 blocks that were covered by the
9                 Commonwealth permit immediately before the
10                change are in the relevant area; and
11          (b) the Commonwealth permit subsequently ceases
12                to be in force at the same time (the relevant
13                time) --
14                   (i) as to all of the section 17 blocks that
15                        were covered by the Commonwealth
16                        permit immediately before the change
17                        and that are in the offshore area; and
18                  (ii) otherwise than as the result of the
19                        cancellation or surrender of the
20                        Commonwealth permit.
21   (4)   The conditions mentioned in subsection (2)(c)(ii)
22         are --
23           (a) all of the section 17 blocks that were covered
24                by the Commonwealth permit immediately
25                before the change are in the relevant area; and
26           (b) the Commonwealth permit subsequently ceases
27                to be in force at the same time (the relevant
28                time) --
29                  (i) as to all of the section 17 blocks that
30                        were covered by the Commonwealth
31                        permit immediately before the change;
32                        and



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     Part 3         Petroleum (Submerged Lands) Act 1982 amended

     s. 32



1                             (ii)   otherwise than as the result of the
2                                    cancellation or surrender of the
3                                    Commonwealth permit.
4              (5)   If --
5                      (a)   assuming that --
6                               (i) the change to the boundary of the
7                                    offshore area had not occurred; and
8                              (ii) the relevant area had remained in the
9                                    offshore area,
10                           the holder of the Commonwealth permit would
11                           have been entitled to apply under the
12                           Commonwealth Act for the renewal of the
13                           Commonwealth permit in relation to all of the
14                           section 17 blocks that are --
15                            (iii) covered by the Commonwealth permit;
16                                   and
17                            (iv) in the relevant area;
18                           and
19                    (b)    there are one or more section 17 blocks (the
20                           relevant section 17 blocks) that --
21                              (i) correspond to the section 17 blocks
22                                   covered by paragraph (a); and
23                             (ii) are in the adjacent area; and
24                            (iii) are not the subject of a variation under
25                                   section 103A,
26                   the Minister is taken --
27                     (c) to have granted the holder of the
28                          Commonwealth permit a permit over those
29                          relevant section 17 blocks; and




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                                                                            s. 32



1            (d)     to have done so immediately after the relevant
2                    time mentioned in whichever of subsection (3)
3                    or (4) is applicable.
4          Note for this subsection:
5                  For the duration of the permit, see section 29(1A).

6    (6)   If --
7            (a)     assuming that --
8                       (i) the change to the boundary of the
9                            offshore area had not occurred; and
10                     (ii) the relevant area had remained in the
11                           offshore area,
12                   the holder of the Commonwealth permit would
13                   not have been entitled to apply under the
14                   Commonwealth Act for the renewal of the
15                   Commonwealth permit in relation to all of the
16                   section 17 blocks that are --
17                    (iii) covered by the Commonwealth permit;
18                           and
19                    (iv) in the relevant area;
20                   and
21           (b)     there are one or more section 17 blocks (the
22                   relevant section 17 blocks) that --
23                      (i) correspond to the section 17 blocks that
24                           were covered by the Commonwealth
25                           permit immediately before the change;
26                           and
27                     (ii) are in the adjacent area; and




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1                              (iii)   are not the subject of a variation under
2                                      section 103A,
3                    the Minister is taken --
4                      (c) to have granted the holder of the
5                           Commonwealth permit a permit over those
6                           relevant section 17 blocks; and
7                      (d) to have done so immediately after the relevant
8                           time mentioned in whichever of subsection (3)
9                           or (4) is applicable.
10                   Note for this subsection:
11                          For the duration of the permit, see section 29(1B).

12             (7)   For the purposes of subsections (5) and (6), the
13                   following provisions of the Commonwealth Act are to
14                   be disregarded --
15                     (a) the standard halving rules in section 123 of that
16                           Act;
17                     (b) the modified halving rules in section 124 of that
18                           Act;
19                     (c) a provision of a kind specified in the
20                           regulations.
21             (8)   If, after the change to the boundary of the offshore
22                   area --
23                     (a) a part of a section 17 block that was covered by
24                            the Commonwealth permit immediately before
25                            the change is in the offshore area; and
26                     (b) the remaining part of the section 17 block is in
27                            the adjacent area,
28                   then, for the purposes of this section (other than this
29                   subsection), each of those parts is taken to constitute,
30                   and to have always constituted, a section 17 block.




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1           (9)   An assumption in subsection (5)(a) or (6)(a) does not
2                 affect subsection (8).
3


4    33.    Section 29 amended
5           After section 29(1) insert:
6

7          (1A)   Subject to this Part, a boundary-change permit granted
8                 under section 27A(5) remains in force for a period of
9                 5 years commencing on the day on which the permit is
10                granted.
11         (1B)   Subject to this Part, a boundary-change permit granted
12                under section 27A(6) remains in force for a period of
13                12 months commencing on the day on which the permit
14                is granted.
15


16   34.    Section 30 amended
17          In section 30(1) delete "sections 31 and 32A," and insert:
18

19          sections 31, 32A and 32B,
20


21   35.    Section 31 amended
22          After section 31(6) insert:
23

24          (7)   Subsections (1) to (5) do not apply to an application for
25                the renewal of a permit if --
26                  (a) the permit was granted on the basis that an area
27                        (the relevant area) was within the adjacent
28                        area; and




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1                     (b)    as a result of a change to the boundary of the
2                            offshore area, the relevant area --
3                              (i) ceased to be within the adjacent area;
4                                    and
5                             (ii) fell within the offshore area;
6                            and
7                      (c)   immediately before the change, the relevant
8                            area was a part of the permit area.
9              (8)   For the purposes of subsection (7) --
10                    (a) section 6A is to be disregarded; and
11                    (b) it is immaterial whether the change occurred
12                           before, at or after the commencement day.
13             (9)   In subsection (8)(b) --
14                   commencement day means the day on which the
15                   Petroleum Legislation Amendment Act 2016 section 35
16                   comes into operation.
17


18   36.       Section 32B inserted
19             After section 32A insert:
20


21           32B.    Limits on renewal of boundary-change permits
22             (1)   If --
23                     (a)   a boundary-change permit is granted under
24                           section 27A(5); and
25                    (b)    the relevant Commonwealth permit that ceases
26                           to be in force, as mentioned in
27                           section 27A(3)(b) or (4)(b), was granted
28                           otherwise than by way of renewal,




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1                       then --
2                         (c) section 31 applies to an application for the
3                              renewal of the boundary-change permit; and
4                         (d) an application must not be made for the
5                              renewal of the boundary-change permit if the
6                              Minister has previously granted a renewal of
7                              the permit.
8                 (2)   If --
9                         (a)   a boundary-change permit is granted under
10                              section 27A(5); and
11                        (b)   the relevant Commonwealth permit that ceases
12                              to be in force, as mentioned in
13                              section 27A(3)(b) or (4)(b), was granted by
14                              way of renewal,
15                      an application must not be made for the renewal of the
16                      boundary-change permit.
17                (3)   If a boundary-change permit is granted under
18                      section 27A(6), an application must not be made for
19                      the renewal of the permit.
20


21   37.          Section 33 amended
22         (1)    After section 33(1) insert:
23

24               (1A)   Subsection (1) does not apply to a boundary-change
25                      permit.
26

27         (2)    After section 33(2) insert:
28

29                (3)   The Minister may, by written notice given to the
30                      permittee, vary a boundary-change permit by imposing
31                      one or more conditions to which the permit is subject.

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1              (4)   A notice under subsection (3) may only be given within
2                    14 days after the grant of the boundary-change permit.
3              (5)   A variation under subsection (3) takes effect on the day
4                    on which notice of the variation is given to the
5                    permittee.
6              (6)   If --
7                      (a)   a boundary-change permit is granted; and
8                      (b)   the relevant Commonwealth permit that ceases
9                            to be in force, as mentioned in
10                           section 27A(3)(b) or (4)(b), is of a kind that
11                           corresponds to a permit granted under
12                           section 22(4) or 27,
13                   any or all of the conditions mentioned in subsection (7)
14                   may be specified in --
15                     (c) the boundary-change permit; or
16                     (d) a permit granted by way of the renewal of the
17                           boundary-change permit.
18             (7)   The following conditions are specified for the purposes
19                   of subsection (6) --
20                     (a) conditions requiring the permittee to carry out
21                           work in, or in relation to, the permit area
22                           (including conditions requiring the permittee to
23                           carry out the work during a period of 12 months
24                           or longer, or during periods each of which is
25                           12 months or longer);
26                     (b) conditions relating to the amounts that the
27                           permittee must spend in carrying out such
28                           work;
29                     (c) conditions requiring the permittee to comply
30                           with directions that --
31                             (i) relate to the matters covered by
32                                  paragraphs (a) and (b); and


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1                                (ii)   are given in accordance with the permit.
2                 (8)   Subsection (6) does not limit subsection (3).
3                 (9)   If --
4                         (a)   a boundary-change permit is granted; and
5                         (b)   the relevant Commonwealth permit that ceases
6                               to be in force, as mentioned in
7                               section 27A(3)(b) or (4)(b), is a cash-bid
8                               petroleum exploration permit, as defined in the
9                               Commonwealth Act section 7,
10                      the conditions mentioned in subsection (10) must not
11                      be specified in --
12                        (c) the boundary-change permit; or
13                        (d) a permit granted by way of the renewal of the
14                             boundary-change permit.
15               (10)   The following conditions are specified for the purposes
16                      of subsection (9) --
17                        (a) conditions requiring the permittee to carry out
18                              work in, or in relation to, the permit area;
19                        (b) conditions requiring the permittee to spend
20                              particular amounts on the carrying out of work
21                              in, or in relation to, the permit area.
22


23   38.          Section 37 amended
24         (1)    Before section 37(1) insert:
25

26               (1A)   In this section --
27                      declaration includes a declaration that is taken to have
28                      been made under subsection (2A) or (2B);




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1                     section 17 block means --
2                       (a) a block constituted as provided by section 17;
3                             or
4                       (b) if a graticular section is wholly within the area
5                             that was covered by the Commonwealth permit
6                             concerned -- the graticular section; or
7                       (c) if a part only of a graticular section is within
8                             the area that was covered by the
9                             Commonwealth permit concerned -- that part
10                            of the graticular section.
11

12      (2)     After section 37(2) insert:
13

14            (2A)    If --
15                      (a)   a boundary-change permit is granted over one
16                            or more section 17 blocks; and
17                      (b)   immediately before the grant, those section 17
18                            blocks were, or were part of, a location as
19                            defined in the Commonwealth Act section 7;
20                            and
21                      (c)   apart from this subsection, those section 17
22                            blocks are not, and are not part of, a location as
23                            defined in section 4 of this Act,
24                    the Minister is taken --
25                      (d) to have declared those section 17 blocks to be a
26                           location; and
27                      (e) to have done so immediately after the grant.
28             (2B)   If --
29                      (a)   a permit is varied under section 103A so as to
30                            include in the permit area one or more
31                            section 17 blocks; and



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1                    (b)     immediately before the variation, those
2                            section 17 blocks were, or were part of, a
3                            location as defined in the Commonwealth Act
4                            section 7; and
5                    (c)     apart from this subsection, those section 17
6                            blocks are not, and are not part of, a location as
7                            defined in section 4 of this Act,
8                  the Minister is taken --
9                    (d) to have declared those section 17 blocks to be a
10                        location; and
11                   (e) to have done so immediately after the variation.
12


13   39.     Section 38CD inserted
14           After section 38CC insert:
15


16         38CD. Grant of lease as result of change to boundary of
17               offshore area
18           (1)   In this section --
19                 section 17 block means --
20                   (a) a block constituted as provided by section 17;
21                          or
22                   (b) if a graticular section is wholly within the area
23                          that was covered by the Commonwealth lease
24                          concerned -- the graticular section; or
25                   (c) if a part only of a graticular section is within
26                          the area that was covered by the
27                          Commonwealth lease concerned -- that part of
28                          the graticular section.
29                 Note for this definition:
30                         See also subsection (6).




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1              (2)   This section applies if --
2                     (a) a Commonwealth lease has been granted on the
3                           basis that an area (the relevant area) is within
4                           the offshore area; and
5                     (b) as a result of a change to the boundary of the
6                           offshore area, the relevant area --
7                              (i) ceases to be within the offshore area;
8                                   and
9                             (ii) falls within the adjacent area;
10                          and
11                    (c) either --
12                             (i) the conditions set out in subsection (3)
13                                  are satisfied; or
14                            (ii) the conditions set out in subsection (4)
15                                  are satisfied;
16                          and
17                    (d) there are one or more section 17 blocks (the
18                          relevant section 17 blocks) that --
19                             (i) correspond to the section 17 blocks that
20                                  were covered by the Commonwealth
21                                  lease immediately before the change;
22                                  and
23                            (ii) are in the adjacent area; and
24                           (iii) are not the subject of a variation under
25                                  section 103A.
26             (3)   The conditions mentioned in subsection (2)(c)(i) are --
27                    (a) one or more, but not all, of the section 17
28                          blocks that were covered by the
29                          Commonwealth lease immediately before the
30                          change are in the relevant area; and




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                                                                    s. 39



1           (b)   the Commonwealth lease subsequently ceases
2                 to be in force at the same time (the relevant
3                 time) --
4                    (i) as to all of the section 17 blocks that
5                         were covered by the Commonwealth
6                         lease immediately before the change
7                         and that are in the offshore area; and
8                   (ii) otherwise than as the result of the
9                         cancellation or surrender of the
10                        Commonwealth lease.
11   (4)   The conditions mentioned in subsection (2)(c)(ii)
12         are --
13           (a) all of the section 17 blocks that were covered
14                by the Commonwealth lease immediately
15                before the change are in the relevant area; and
16           (b) the Commonwealth lease subsequently ceases
17                to be in force at the same time (the relevant
18                time) --
19                   (i) as to all of the section 17 blocks that
20                        were covered by the Commonwealth
21                        lease immediately before the change;
22                        and
23                  (ii) otherwise than as the result of the
24                        cancellation or surrender of the
25                        Commonwealth lease.
26   (5)   The Minister is taken --
27          (a) to have granted the holder of the
28               Commonwealth lease a lease over the relevant
29               section 17 blocks; and




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1                         (b)     to have done so immediately after the relevant
2                                 time mentioned in whichever of subsection (3)
3                                 or (4) is applicable.
4                       Note for this subsection:
5                               For the duration of the lease, see section 38D(2).

6                (6)    If, after the change to the boundary of the offshore
7                       area --
8                         (a) a part of a section 17 block that was covered by
9                                the Commonwealth lease immediately before
10                               the change is in the offshore area; and
11                        (b) the remaining part of the section 17 block is in
12                               the adjacent area,
13                      then, for the purposes of this section (other than this
14                      subsection), each of those parts is taken to constitute,
15                      and to have always constituted, a section 17 block.
16


17   40.         Section 38D amended
18         (1)   In section 38D:
19                 (a) delete "Subject" and insert:
20

21               (1)    Subject
22

23                (b)     delete "otherwise)" and insert:
24

25                        otherwise and other than a lease granted under
26                        section 38CD)
27




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1          (2)    At the end of section 38D insert:
2

3                 (2)   Subject to this Part, a lease granted under section 38CD
4                       remains in force for a period of 5 years commencing on
5                       the day on which the lease is granted.
6


7    41.          Section 38H amended
8          (1)    After section 38H(1) insert:
9

10               (1A)   Subsection (1) does not apply to a lease granted under
11                      section 38CD.
12

13         (2)    After section 38H(4) insert:
14

15                (5)   The Minister may, by written notice given to the lessee,
16                      vary a lease granted under section 38CD by imposing
17                      one or more conditions to which the lease is subject.
18                (6)   A notice under subsection (5) may only be given within
19                      14 days after the grant of the lease.
20                (7)   A variation under subsection (5) takes effect on the day
21                      on which notice of the variation is given to the lessee.
22


23   42.          Section 46 amended
24                After section 46(6) insert:
25

26                (7)   This section does not apply in relation to a permit if --
27                       (a) the permit has been granted on the basis that an
28                             area (the relevant area) is within the adjacent
29                             area; and



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1                      (b)   as a result of a change to the boundary of the
2                            offshore area, the relevant area --
3                              (i) ceases to be within the adjacent area;
4                                    and
5                             (ii) falls within the offshore area;
6                            and
7                      (c)   immediately before the change, the relevant
8                            area was a part of the permit area.
9              (8)   For the purposes of subsection (7) --
10                    (a) section 6A is to be disregarded; and
11                    (b) it is immaterial whether the change occurred
12                           before, at or after the commencement day.
13             (9)   In subsection (8)(b) --
14                   commencement day means the day on which the
15                   Petroleum Legislation Amendment Act 2016 section 42
16                   comes into operation.
17


18   43.       Section 51A inserted
19             After section 51 insert:
20


21           51A.    Grant of licence as result of change to boundary of
22                   offshore area
23             (1)   In this section --
24                   section 17 block means --
25                     (a) a block constituted as provided by section 17;
26                            or
27                     (b) if a graticular section is wholly within the area
28                            that was covered by the Commonwealth licence
29                            concerned -- the graticular section; or



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1            (c)     if a part only of a graticular section is within
2                    the area that was covered by the
3                    Commonwealth licence concerned -- that part
4                    of the graticular section.
5          Note for this definition:
6                  See also subsection (6).

7    (2)   This section applies if --
8           (a) a Commonwealth licence has been granted on
9                 the basis that an area (the relevant area) is
10                within the offshore area; and
11          (b) as a result of a change to the boundary of the
12                offshore area, the relevant area --
13                   (i) ceases to be within the offshore area;
14                        and
15                  (ii) falls within the adjacent area;
16                and
17          (c) either --
18                   (i) the conditions set out in subsection (3)
19                        are satisfied; or
20                  (ii) the conditions set out in subsection (4)
21                        are satisfied;
22                and
23          (d) there are one or more section 17 blocks (the
24                relevant section 17 blocks) that --
25                   (i) correspond to the section 17 blocks that
26                        were covered by the Commonwealth
27                        licence immediately before the change;
28                        and
29                  (ii) are in the adjacent area; and
30                 (iii) are not the subject of a variation under
31                        section 103A.



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1              (3)   The conditions mentioned in subsection (2)(c)(i) are --
2                     (a) one or more, but not all, of the section 17
3                           blocks that were covered by the
4                           Commonwealth licence immediately before the
5                           change are in the relevant area; and
6                     (b) the Commonwealth licence subsequently ceases
7                           to be in force at the same time (the relevant
8                           time) --
9                              (i) as to all of the section 17 blocks that
10                                  were covered by the Commonwealth
11                                  licence immediately before the change
12                                  and that are in the offshore area; and
13                            (ii) otherwise than as the result of the
14                                  cancellation or surrender of the
15                                  Commonwealth licence.
16             (4)   The conditions mentioned in subsection (2)(c)(ii)
17                   are --
18                     (a) all of the section 17 blocks that were covered
19                          by the Commonwealth licence immediately
20                          before the change are in the relevant area; and
21                     (b) the Commonwealth licence subsequently ceases
22                          to be in force at the same time (the relevant
23                          time) --
24                             (i) as to all of the section 17 blocks that
25                                  were covered by the Commonwealth
26                                  licence immediately before the change;
27                                  and
28                            (ii) otherwise than as the result of the
29                                  cancellation or surrender of the
30                                  Commonwealth licence.




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1                (5)   The Minister is taken --
2                       (a) to have granted the holder of the
3                            Commonwealth licence a licence over the
4                            relevant section 17 blocks; and
5                       (b) to have done so immediately after the relevant
6                            time mentioned in whichever of subsection (3)
7                            or (4) is applicable.
8                      Note for this subsection:
9                             For the duration of the licence, see section 53(3).

10               (6)   If, after the change to the boundary of the offshore
11                     area --
12                       (a) a part of a section 17 block that was covered by
13                              the Commonwealth licence immediately before
14                              the change is in the offshore area; and
15                       (b) the remaining part of the section 17 block is in
16                              the adjacent area,
17                     then, for the purposes of this section (other than this
18                     subsection), each of those parts is taken to constitute,
19                     and to have always constituted, a section 17 block.
20


21   44.         Section 53 amended
22         (1)   In section 53(2) delete "section 107(3)" and insert:
23

24               section 107(3), other than a licence granted under section 51A,
25

26         (2)   After section 53(2) insert:
27

28               (3)   Subject to this Part, a licence granted under
29                     section 51A remains in force for the period of 21 years
30                     commencing on the day on which the licence is
31                     granted.
32


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     s. 45



1    45.         Section 54 amended
2          (1)   Delete section 54(1) and insert:
3

4                (1)   Subject to this section, a licensee under a licence to
5                      which section 53(1)(a) or (b) or (3) applies may, from
6                      time to time, make an application to the Minister for
7                      the renewal of the licence.
8

9          (2)   After section 54(3) insert:
10

11               (4)   If --
12                       (a)   a licence under section 51A (the relevant
13                             licence) is granted; and
14                       (b)   the Commonwealth licence that ceases to be in
15                             force, as mentioned in section 51A(3)(b) or
16                             (4)(b), was granted otherwise than by way of
17                             renewal,
18                     an application must not be made for the renewal of the
19                     relevant licence if the Minister has previously granted a
20                     renewal of the licence.
21               (5)   If --
22                       (a)   a licence under section 51A (the relevant
23                             licence) is granted; and
24                       (b)   the Commonwealth licence that ceases to be in
25                             force, as mentioned in section 51A(3)(b) or
26                             (4)(b), was granted by way of renewal,
27                     an application must not be made for the renewal of the
28                     relevant licence.
29




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                                                                               s. 46



1    46.         Section 56 amended
2          (1)   In section 56 delete "A licence" and insert:
3

4                (1)   A licence
5

6          (2)   At the end of section 56 insert:
7

8                (2)   Subsection (1) does not apply to a licence granted
9                      under section 51A.
10               (3)   The Minister may, by written notice given to the
11                     licensee, vary a licence granted under section 51A by
12                     imposing one or more conditions to which the licence
13                     is subject.
14               (4)   A notice under subsection (3) may only be given within
15                     14 days after the grant of the licence.
16               (5)   A variation under subsection (3) takes effect on the day
17                     on which notice of the variation is given to the
18                     licensee.
19


20   47.         Section 59 amended
21         (1)   In section 59(11):
22                 (a) before paragraph (a) insert:
23

24                      (aa)   if a petroleum pool extends, or is reasonably
25                             believed by the Minister to extend, from the
26                             adjacent area into an area to which another
27                             written law relating to the exploitation of
28                             petroleum resources applies, consult with any
29                             other Minister concerned; or
30




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     s. 47



1               (b)    in paragraph (a) after "resources apply," insert:
2

3                      or into the adjacent area of an adjoining State or the
4                      Northern Territory,
5

6                (c)   delete paragraphs (b) and (c) and insert:
7

8                      (b)   if a petroleum pool extends, or is reasonably
9                            believed by the Minister to extend, from the
10                           adjacent area into the offshore area of a State
11                           (other than Western Australia) within the
12                           meaning of the Commonwealth Act, or the
13                           offshore area of the Northern Territory, within
14                           the meaning of that Act, consult with the Joint
15                           Authority, as defined in the Commonwealth
16                           Act section 7, in respect of that State or the
17                           Northern Territory concerning the exploitation
18                           of the petroleum pool; or
19                     (c)   if a petroleum pool extends, or is reasonably
20                           believed by the Minister to extend, from the
21                           adjacent area into the offshore area of Western
22                           Australia, consult with the Joint Authority
23                           concerning the exploitation of the petroleum
24                           pool; or
25                     (d)   if 2 or more of paragraphs (aa), (a), (b) and (c)
26                           apply, comply with each of those applicable
27                           paragraphs.
28

29      (2)    In section 59(12) delete "authority or Designated" and insert:
30

31             Minister, authority or Joint
32




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                                                                             s. 48



1    48.     Section 103A inserted
2            After section 103 insert:
3


4          103A.   Variation of petroleum title by including area as
5                  result of change to boundary of offshore area
6            (1)   In this section --
7                  Commonwealth title means --
8                    (a) a Commonwealth permit; or
9                    (b) a Commonwealth lease; or
10                   (c) a Commonwealth licence;
11                 fixed-term WA licence means a licence granted for a
12                 fixed period of years;
13                 petroleum title means a permit, lease or licence;
14                 section 17 block means --
15                   (a) a block constituted as provided by section 17;
16                          or
17                   (b) if a graticular section is wholly within the area
18                          that was covered by the Commonwealth title
19                          concerned -- the graticular section; or
20                   (c) if a part only of a graticular section is within
21                          the area that was covered by the
22                          Commonwealth title concerned -- that part of
23                          the graticular section.
24                 Note for this definition:
25                        See also subsection (14).

26           (2)   This section applies if --
27                  (a) a Commonwealth title has been granted on the
28                        basis that an area (the relevant area) is within
29                        the offshore area; and




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1                   (b)    as a result of a change to the boundary of the
2                          offshore area, the relevant area --
3                             (i) ceases to be within the offshore area;
4                                  and
5                            (ii) falls within the adjacent area;
6                          and
7                    (c)   either --
8                             (i) the conditions set out in subsection (3)
9                                  are satisfied; or
10                           (ii) the conditions set out in subsection (4)
11                                 are satisfied;
12                         and
13                  (d)    immediately before the relevant time mentioned
14                         in whichever of subsection (3) or (4) is
15                         applicable --
16                            (i) the Commonwealth title was held by the
17                                 registered holder of a petroleum title
18                                 that corresponds to the Commonwealth
19                                 title; and
20                           (ii) at least one section 17 block covered by
21                                 the petroleum title immediately adjoined
22                                 at least one other section 17 block that
23                                 was covered by the Commonwealth title
24                                 and that is in the relevant area;
25                         and
26                   (e)   before the relevant time mentioned in
27                         whichever of subsection (3) or (4) is
28                         applicable --
29                            (i) the registered holder of the
30                                 Commonwealth title; and




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1                     (ii)  the registered holder of the petroleum
2                           title,
3                   gave the Minister a written notice electing to
4                   accept the variation under this section of the
5                   petroleum title.
6          Note for this subsection:
7                 For when a petroleum title corresponds to a Commonwealth
8                 title, see subsection (13).

9    (3)   The conditions mentioned in subsection (2)(c)(i) are --
10          (a) one or more, but not all, of the section 17
11                blocks that were covered by the
12                Commonwealth title immediately before the
13                change are in the relevant area; and
14          (b) the Commonwealth title subsequently ceases to
15                be in force at the same time (the relevant
16                time) --
17                   (i) as to all of the section 17 blocks that
18                        were covered by the Commonwealth
19                        title immediately before the change and
20                        that are in the offshore area; and
21                  (ii) otherwise than as the result of the
22                        cancellation or surrender of the
23                        Commonwealth title.
24   (4)   The conditions mentioned in subsection (2)(c)(ii)
25         are --
26           (a) all of the section 17 blocks that were covered
27                by the Commonwealth title immediately before
28                the change are in the relevant area; and
29           (b) the Commonwealth title subsequently ceases to
30                be in force at the same time (the relevant
31                time) --
32                  (i) as to all of the section 17 blocks that
33                        were covered by the Commonwealth
34                        title immediately before the change; and

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1                             (ii)   otherwise than as the result of the
2                                    cancellation or surrender of the
3                                    Commonwealth title.
4              (5)   If the conditions set out in subsection (2)(d) and (e) are
5                    met in relation to only one petroleum title, that
6                    petroleum title is the relevant petroleum title for the
7                    purposes of this section.
8              (6)   If the conditions set out in subsection (2)(d) and (e)
9                    would, apart from this subsection, be met in relation to
10                   2 or more petroleum titles that have the same registered
11                   holder, the Minister must, by written notice given to
12                   the registered holder, declare that one of those
13                   petroleum titles is the relevant petroleum title for the
14                   purposes of this section.
15             (7)   If the relevant petroleum title is a permit --
16                     (a) the Minister must, by written notice given to
17                            the permittee, vary the permit to include in the
18                            permit area all of the section 17 blocks that --
19                               (i) correspond to the section 17 blocks that
20                                    were covered by the Commonwealth
21                                    title immediately before the change; and
22                              (ii) are in the adjacent area;
23                            and
24                     (b) the section 17 blocks included in the permit
25                            area because of the variation are, for the
26                            remainder of the term of the permit, blocks in
27                            relation to which the permit is in force.
28             (8)   If the relevant petroleum title is a lease --
29                     (a) the Minister must, by written notice given to
30                            the lessee, vary the lease to include in the lease
31                            area all of the section 17 blocks that --




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1                     (i)   correspond to the section 17 blocks that
2                           were covered by the Commonwealth
3                           title immediately before the change; and
4                    (ii)   are in the adjacent area;
5                  and
6            (b)   the section 17 blocks included in the lease area
7                  because of the variation are, for the remainder
8                  of the term of the lease, blocks in relation to
9                  which the lease is in force.
10    (9)   If the relevant petroleum title is a licence --
11            (a) the Minister must, by written notice given to
12                   the licensee, vary the licence to include in the
13                   licence area all of the section 17 blocks that --
14                      (i) correspond to the section 17 blocks that
15                           were covered by the Commonwealth
16                           title immediately before the change; and
17                     (ii) are in the adjacent area;
18                   and
19            (b) the section 17 blocks included in the licence
20                   area because of the variation are, for the
21                   remainder of the term of the licence, blocks in
22                   relation to which the licence is in force.
23   (10)   Subsections (7)(b), (8)(b) and (9)(b) have effect subject
24          to this Part.
25   (11)   A variation mentioned in subsection (7)(a), (8)(a) or
26          (9)(a) takes effect immediately after the relevant time
27          mentioned in whichever of subsection (3) or (4) is
28          applicable.
29   (12)   For the purposes of this section, a section 17 block
30          immediately adjoins another section 17 block if --
31            (a) the graticular section that constitutes or
32                  includes that section 17 block and the graticular


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1                            section that constitutes or includes that other
2                            section 17 block --
3                               (i) have a side in common; or
4                              (ii) are joined together at one point only;
5                            or
6                      (b)   that section 17 block and that other section 17
7                            block are in the same graticular section.
8              (13)   For the purposes of this section --
9                      (a) a permit granted otherwise than by way of
10                            renewal corresponds to a Commonwealth
11                            permit granted otherwise than by way of
12                            renewal; and
13                     (b) a lease corresponds to a Commonwealth lease;
14                            and
15                     (c) a fixed-term WA licence granted otherwise
16                            than by way of renewal corresponds to a
17                            Commonwealth licence granted otherwise than
18                            by way of renewal; and
19                     (d) a permit granted by way of first renewal
20                            corresponds to a Commonwealth permit
21                            granted by way of first renewal; and
22                     (e) a fixed-term WA licence granted by way of
23                            first renewal corresponds to a Commonwealth
24                            licence granted by way of first renewal; and
25                      (f) a permit granted by way of second renewal
26                            corresponds to a Commonwealth permit
27                            granted by way of second renewal; and
28                     (g) a fixed-term WA licence granted by way of
29                            second or subsequent renewal corresponds to a
30                            Commonwealth licence granted by way of
31                            second or subsequent renewal.




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1    (14)   If, after the change to the boundary of the offshore
2           area --
3             (a) a part of a section 17 block that was covered by
4                    the Commonwealth title immediately before the
5                    change is in the offshore area; and
6             (b) the remaining part of the section 17 block is in
7                    the adjacent area,
8           then, for the purposes of this section (other than this
9           subsection), each of those parts is taken to constitute,
10          and to have always constituted, a section 17 block.
11


12




 


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