267AVariation of Commonwealth title—including an area as the result of a change to the boundary of the coastal waters of a State or Territory

#### 267A Variation of Commonwealth title—including an area as the result of a change to the boundary of the coastal waters of a State or Territory Scope (1) This section applies if: (a) a State/Territory 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; and (d) immediately before the relevant time mentioned in whichever of subsection (2) or (3) is applicable: (i) the State/Territory title was held by the registered holder of a Commonwealth title that corresponds to the State/Territory title; and (ii) at least one section 33 block covered by the Commonwealth title immediately adjoined at least one other section 33 block that was covered by the State/Territory title and that is in the relevant area; and (e) before the relevant time mentioned in whichever of subsection (2) or (3) is applicable: (i) the holder of the State/Territory title; and (ii) the registered holder of the Commonwealth title; gave the Joint Authority a written notice electing to accept the variation under this section of the Commonwealth title. > Note: For when a Commonwealth title corresponds to a State/Territory title, see subsection (12). (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 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 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. Relevant Commonwealth title (4) If the conditions set out in paragraphs (1)(d) and (e) are met by only one Commonwealth title, that title is the relevant Commonwealth title for the purposes of this section. (5) If the conditions set out in paragraphs (1)(d) and (e) would, apart from this subsection, be met by 2 or more Commonwealth titles that have the same registered holder, the Joint Authority must, by written notice given to the registered holder, declare that one of those titles is the relevant Commonwealth title for the purposes of this section. Variation of relevant Commonwealth title (6) If the relevant Commonwealth title is a petroleum exploration permit: (a) the Titles Administrator must, by written notice given to the permittee, vary the permit to include in the permit area all of the section 33 blocks that: (i) correspond to the section 33 blocks that were covered by the State/Territory title immediately before the change; and (ii) are in the offshore area of the State or Territory; and (b) the section 33 blocks included in the permit area because of the variation are, for the remainder of the term of the permit, blocks in relation to which the permit is in force. (7) If the relevant Commonwealth title is a petroleum retention lease: (a) the Titles Administrator must, by written notice given to the lessee, vary the lease to include in the lease area all of the section 33 blocks that: (i) correspond to the section 33 blocks that were covered by the State/Territory title immediately before the change; and (ii) are in the offshore area of the State or Territory; and (b) the section 33 blocks included in the lease area because of the variation are, for the remainder of the term of the lease, blocks in relation to which the lease is in force. (8) If the relevant Commonwealth title is a fixed‑term petroleum production licence: (a) the Titles Administrator must, by written notice given to the licensee, vary the licence to include in the licence area all of the section 33 blocks that: (i) correspond to the section 33 blocks that were covered by the State/Territory title immediately before the change; and (ii) are in the offshore area of the State or Territory; and (b) the section 33 blocks included in the licence area because of the variation are, for the remainder of the term of the licence, blocks in relation to which the licence is in force. (9) Paragraphs (6)(b), (7)(b) and (8)(b) have effect subject to this Chapter. (10) A variation under paragraph (6)(a), (7)(a) or (8)(a) takes effect immediately after the relevant time mentioned in whichever of subsection (2) or (3) is applicable. When a block immediately adjoins another block (11) For the purposes of this section, a section 33 block immediately adjoins another section 33 block if: (a) the graticular section that constitutes or includes that section 33 block and the graticular section that constitutes or includes that other section 33 block: (i) have a side in common; or (ii) are joined together at one point only; or (b) that section 33 block and that other section 33 block are in the same graticular section. When a Commonwealth title corresponds to a State/Territory title (12) For the purposes of this section: (a) a petroleum exploration permit granted otherwise than by way of renewal corresponds to a State/Territory petroleum exploration title granted otherwise than by way of renewal; and (b) a petroleum retention lease corresponds to a State/Territory petroleum retention title; and (c) a fixed‑term petroleum production licence granted otherwise than by way of renewal corresponds to a fixed‑term State/Territory petroleum production title granted otherwise than by way of renewal; and (d) a petroleum exploration permit granted by way of first renewal corresponds to a State/Territory petroleum exploration title granted by way of first renewal; and (e) a fixed‑term petroleum production licence granted by way of first renewal corresponds to a fixed‑term State/Territory petroleum production title granted by way of first renewal; and (f) a petroleum exploration permit granted by way of second renewal corresponds to a State/Territory petroleum exploration title granted by way of second renewal; and (g) a fixed‑term petroleum production licence granted by way of second or subsequent renewal corresponds to a fixed‑term State/Territory petroleum production title granted by way of second or subsequent renewal. Deemed section 33 block (13) 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 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. Definitions (14) In this section: > Commonwealth title means: (a) a petroleum exploration permit; or (b) a petroleum retention lease; or (c) a fixed‑term petroleum production licence. > 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 title concerned—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 title concerned—that part of the graticular section. > Note: See also subsection (13). > State/Territory title means: (a) a State/Territory petroleum exploration title; or (b) a State/Territory petroleum retention title; or (c) a fixed‑term State/Territory petroleum production title.