3ADesignated coastal waters

3A Designated coastal waters

(1) For the purposes of this Act, designated coastal waters, in relation to a State or the Northern Territory, means: (a) so much of the scheduled area for that State or Territory as consists of the territorial sea; and (b) any area that: (i) is within the scheduled area for that State or Territory; and (ii) is on the landward side of the territorial sea; and (iii) was, immediately before the commencement of the relevant State PSLA or Territory PSLA, the subject of a petroleum exploration permit under the repealed Petroleum (Submerged Lands) Act 1967. (2) For the purposes of subsection (1), assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles. (3) Paragraph (1)(b) has effect subject to subsection (4). (4) For the purposes of this Act, if (whether before or after the commencement of this subsection) an area that is within the designated coastal waters of a State or Territory because it is described in subparagraphs (1)(b)(i), (ii) and (iii) became or becomes an area that is: (a) not the subject of a petroleum exploration permit under the relevant State PSLA or Territory PSLA; and (b) not the subject of a petroleum retention lease under the relevant State PSLA or Territory PSLA; and (c) not the subject of a petroleum production licence under the relevant State PSLA or Territory PSLA; and (d) not the subject of an application for a petroleum retention lease or petroleum production licence under the relevant State PSLA or Territory PSLA; the area is taken to have ceased to be part of the designated coastal waters of that State or Territory.