118AGrant of boundary‑change petroleum exploration permit

#### 118A Grant of boundary‑change petroleum exploration permit Scope (1) This section applies if: (a) a State/Territory petroleum exploration title has been granted by a State or the Northern Territory on the basis that an area (the relevant area) is within the coastal waters of the State or 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 coastal waters of the State or Territory; and (ii) falls within the offshore area of the State or Territory; and (c) either: (i) the conditions set out in subsection (2) are satisfied; or (ii) the conditions set out in subsection (3) are satisfied. (2) The conditions mentioned in subparagraph (1)(c)(i) are: (a) one or more, but not all, of the section 33 blocks that were covered by the State/Territory petroleum exploration title immediately before the change are in the relevant area; and (b) the title subsequently ceases to be in force at the same time (the relevant time): (i) as to all of the section 33 blocks that were covered by the title immediately before the change and that are in the coastal waters of the State or Territory; and (ii) otherwise than as the result of the cancellation or surrender of the title. (3) The conditions mentioned in subparagraph (1)(c)(ii) are: (a) all of the section 33 blocks that were covered by the State/Territory petroleum exploration title immediately before the change are in the relevant area; and (b) the title subsequently ceases to be in force at the same time (the relevant time): (i) as to all of the section 33 blocks that were covered by the title immediately before the change; and (ii) otherwise than as the result of the cancellation or surrender of the title. Grant of permit where titleholder entitled to apply for renewal of the State/Territory petroleum exploration title (4) If: (a) assuming that: (i) the change to the boundary of the coastal waters of the State or Territory had not occurred; and (ii) the relevant area had remained in the coastal waters of the State or Territory; the holder of the State/Territory petroleum exploration title would have been entitled to apply under a State PSLA or Territory PSLA for the renewal of the title in relation to all of the section 33 blocks that are: (iii) covered by the title; and (iv) in the relevant area; and (b) there are one or more section 33 blocks (the relevant section 33 blocks) that: (i) correspond to the section 33 blocks covered by paragraph (a); and (ii) are in the offshore area of the State or Territory; and (iii) are not the subject of a variation under section 267A; the Joint Authority is taken: (c) to have granted the holder a petroleum exploration permit over those relevant section 33 blocks; and (d) to have done so immediately after the relevant time mentioned in whichever of subsection (2) or (3) is applicable. > Note: For the duration of the petroleum exploration permit, see item 3 of the table in subsection 102(1). Grant of permit where titleholder not entitled to apply for renewal of the State/Territory petroleum exploration title (5) If: (a) assuming that: (i) the change to the boundary of the coastal waters of the State or Territory had not occurred; and (ii) the relevant area had remained in the coastal waters of the State or Territory; the holder of the State/Territory petroleum exploration title would not have been entitled to apply under a State PSLA or Territory PSLA for the renewal of the title in relation to all of the section 33 blocks that are: (iii) covered by the title; and (iv) in the relevant area; and (b) there are one or more section 33 blocks (the relevant section 33 blocks) that: (i) correspond to the section 33 blocks that were covered by the State/Territory petroleum exploration title immediately before the change; and (ii) are in the offshore area of the State or Territory; and (iii) are not the subject of a variation under section 267A; the Joint Authority is taken: (c) to have granted the holder a petroleum exploration permit over those relevant section 33 blocks; and (d) to have done so immediately after the relevant time mentioned in whichever of subsection (2) or (3) is applicable. > Note: For the duration of the petroleum exploration permit, see item 4 of the table in subsection 102(1). Certain provisions to be disregarded (6) For the purposes of subsections (4) and (5), disregard any of the following provisions of a State PSLA or Territory PSLA: (a) standard halving rules; (b) modified halving rules; (c) a provision of a kind specified in the regulations. Deemed section 33 block (7) If, after the change to the boundary of the coastal waters of the State or Territory: (a) a part of a section 33 block that was covered by the State/Territory petroleum exploration title immediately before the change is in the coastal waters of the State or Territory; and (b) the remaining part of the section 33 block is in the offshore area of the State or Territory; then, for the purposes of this section (other than this subsection), each of those parts is taken to constitute, and to have always constituted, a section 33 block. (8) An assumption in paragraph (4)(a) or (5)(a) does not affect subsection (7). Definitions (9) In this section: > section 33 block means: (a) a block constituted as provided by section 33; or (b) if a graticular section is wholly within the area that was covered by the State/Territory petroleum exploration title—the graticular section; or (c) if a part only of a graticular section is within the area that was covered by the State/Territory petroleum exploration title—that part of the graticular section. > Note: See also subsection (7). > State PSLA has the same meaning as in Part 6.9. > Territory PSLA has the same meaning as in Part 6.9.