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Schedule 13—Boundary changes

Schedule 13 Boundary changes

   

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1  At the end of section 11

Add:

             (3)  If:

                     (a)  a greenhouse gas assessment permit has been granted on the basis that an area (the relevant area ) is within the offshore area of a State or the Northern Territory; and

                     (b)  as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:

                              (i)  ceases to be within the offshore area of the State or Territory; and

                             (ii)  falls within the coastal waters of the State or Territory; and

                     (c)  immediately before the change, the relevant area was a part of the permit area;

then, in determining what constitutes the renewal, or the grant of a renewal, of the permit, item 1A of the table in subsection (2) has effect as if:

                     (d)  the permit had been varied to exclude from the permit area any area that is not within the offshore area of the State or Territory; and

                     (e)  the variation had taken effect immediately after the change.

Note:          This means that an application for renewal of the permit may be made, and the permit may be renewed, as if the permit had been so varied.

             (4)  For the purposes of subsection (3):

                     (a)  disregard section 463; and

                     (b)  it is immaterial whether the change occurred before, at or after the commencement of this subsection.

             (5)  If:

                     (a)  a greenhouse gas holding lease has been granted on the basis that an area (the relevant area ) is within the offshore area of a State or the Northern Territory; and

                     (b)  as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:

                              (i)  ceases to be within the offshore area of the State or Territory; and

                             (ii)  falls within the coastal waters of the State or Territory; and

                     (c)  immediately before the change, the relevant area was a part of the lease area;

then, in determining what constitutes the renewal, or the grant of a renewal, of the lease, item 1 of the table in subsection (2) has effect as if:

                     (d)  the lease had been varied to exclude from the lease area any area that is not within the offshore area of the State or Territory; and

                     (e)  the variation had taken effect immediately after the change.

Note:          This means that an application for renewal of the lease may be made, and the lease may be renewed, as if the lease had been so varied.

             (6)  For the purposes of subsection (5):

                     (a)  disregard section 463; and

                     (b)  it is immaterial whether the change occurred before, at or after the commencement of this subsection.