179AGrant of petroleum production licence as a result of a change to the boundary of the offshore area

179A Grant of petroleum production licence as a result of a change to the boundary of the offshore area

(a) a fixed-term Commonwealth petroleum production title has been granted on the basis that an area (the relevant area) is within the Commonwealth defined offshore area; and

(d) there are one or more section 37 blocks (the relevant section 37 blocks) that—

(i) correspond to the section 37 blocks that were covered by the fixed-term Commonwealth petroleum production title immediately before the change; and

(iii) are not the subject of a variation under section 263A.

(a) one or more, but not all, of the section 37 blocks that were covered by the fixed-term Commonwealth petroleum production title immediately before the change are in the relevant area; and

(i) as to all of the section 37 blocks that were covered by the title immediately before the change and that are in the Commonwealth defined offshore area; and

(a) all of the section 37 blocks that were covered by the fixed-term Commonwealth petroleum production title immediately before the change are in the relevant area; and

(4) The Minister is taken—

(a) to have granted the holder of the fixed‑term Commonwealth petroleum production title a petroleum production licence over the relevant section 37 blocks; and

(b) to have done so immediately after the relevant time mentioned in whichever of subsection (2) or (3) is applicable.

(5) If, after the change to the boundary of the offshore area—

(a) a part of a section 37 block that was covered by the fixed-term Commonwealth petroleum production title immediately before the change is in the Commonwealth defined offshore area; and

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 37 block.

(b) if a graticular section is wholly within the area that was covered by the fixed-term Commonwealth petroleum production title—the graticular section; or

(c) if a part only of a graticular section is within the area that was covered by the fixed-term Commonwealth petroleum production title—that part of the graticular section.

See also subsection (5).

Division 5—What happens if a block is not taken up

180 Revocation of petroleum exploration permit or petroleum retention lease to the extent to which it relates to a block not taken up

(a) a petroleum exploration permittee could apply under section 164 for a petroleum production licence in relation to a block or blocks; and

(b) the permittee does not, within the application period, make the application—

(c) the petroleum exploration permit is revoked to the extent to which it relates to that block or those blocks; and

(d) the revocation has effect at the end of the application period.

For application period, see section 165.

(2) If an application made by a petroleum exploration permittee under section 164 in relation to a block or blocks lapses—

(a) the petroleum exploration permit is revoked to the extent to which it relates to that block or those blocks; and

(b) the revocation has effect—

(i) at the end of the application period; or

(ii) on the lapsing of the application—

whichever is the later.

For lapsing of applications, see section 256.

(3) If an application made by a petroleum retention lessee under section 166 in relation to a block or blocks lapses—

(a) the petroleum retention lease is revoked to the extent to which it relates to that block or those blocks; and

(b) the revocation has effect on the lapsing of the application.

1 For lapsing of applications, see section 256.

2 See also section 115(3) (revocation of declaration of location where block is no longer the subject of a petroleum exploration permit or a petroleum retention lease).

S. 180(4) inserted by No. 16/2018 s. 28.

(4) This section does not apply in relation to a petroleum exploration permit if—

(a) the permit has been granted on the basis that an area (the relevant area) is within the offshore area; and

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

S. 180(5) inserted by No. 16/2018 s. 28.

(5) For the purposes of subsection (4)—

Division 6—Petroleum field development

Subdivision 1—Directions about the recovery of petroleum

181 Direction to recover petroleum

(a) petroleum is not being recovered in a petroleum production licence area; and

(b) the Minister is satisfied that there is recoverable petroleum in that area—

the Minister may, by written notice given to the licensee, direct the licensee to take all necessary and practicable steps to recover that petroleum.

(a) a direction is in force under subsection (1) in relation to a licensee; and

(b) the Minister is not satisfied with the steps taken or being taken by the licensee—

the Minister may, by written notice given to the licensee, direct the licensee to take such steps as the Minister thinks necessary and practicable for, or in relation to, the recovery of petroleum in the licence area.