QLDIn ForceAct
Petroleum Act 1923
sec.124BEffect of extinguishment of 1923 Act petroleum interests on the taking of land in a 1923 Act petroleum tenure’s area (other than by an easement)
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### sec.124B Effect of extinguishment of 1923 Act petroleum interests on the taking of land in a 1923 Act petroleum tenure’s area (other than by an easement)
This section applies if, under section 124A , the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of 1923 Act petroleum interests for stated land.
If the resumption notice states that all 1923 Act petroleum interests relating to the stated land are extinguished and a 1923 Act petroleum interest relates only to the stated land, the interest is wholly extinguished.
If the resumption notice states that all 1923 Act petroleum interests relating to the stated land are extinguished and a 1923 Act petroleum interest relates to the stated land and other land—
the stated land is no longer the subject of the interest; and
without limiting paragraph (a) —
the stated land is excluded from the area of the 1923 Act petroleum tenure comprising the interest, or under or in relation to which the interest exists; and
this Act applies in relation to the area of the petroleum tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area—
to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and
to comprise land that is not contiguous.
If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated 1923 Act petroleum interests is prohibited, the holder of a stated 1923 Act petroleum interest is not, or is no longer, authorised to carry out the stated activities on the stated land.
However, subsection (4) does not apply in relation to a 1923 Act petroleum interest that comprises, or exists under or in relation to, a new or renewed 1923 Act petroleum tenure granted after the land is taken.
s 124B ins 2012 No. 20 s 73
(sec.124B-ssec.1) This section applies if, under section 124A , the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of 1923 Act petroleum interests for stated land.
(sec.124B-ssec.2) If the resumption notice states that all 1923 Act petroleum interests relating to the stated land are extinguished and a 1923 Act petroleum interest relates only to the stated land, the interest is wholly extinguished.
(sec.124B-ssec.3) If the resumption notice states that all 1923 Act petroleum interests relating to the stated land are extinguished and a 1923 Act petroleum interest relates to the stated land and other land— the stated land is no longer the subject of the interest; and without limiting paragraph (a) — the stated land is excluded from the area of the 1923 Act petroleum tenure comprising the interest, or under or in relation to which the interest exists; and this Act applies in relation to the area of the petroleum tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area— to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and to comprise land that is not contiguous.
(sec.124B-ssec.4) If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated 1923 Act petroleum interests is prohibited, the holder of a stated 1923 Act petroleum interest is not, or is no longer, authorised to carry out the stated activities on the stated land.
(sec.124B-ssec.5) However, subsection (4) does not apply in relation to a 1923 Act petroleum interest that comprises, or exists under or in relation to, a new or renewed 1923 Act petroleum tenure granted after the land is taken.
- (a) the stated land is no longer the subject of the interest; and
- (b) without limiting paragraph (a) — (i) the stated land is excluded from the area of the 1923 Act petroleum tenure comprising the interest, or under or in relation to which the interest exists; and (ii) this Act applies in relation to the area of the petroleum tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area— (A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and (B) to comprise land that is not contiguous.
- (i) the stated land is excluded from the area of the 1923 Act petroleum tenure comprising the interest, or under or in relation to which the interest exists; and
- (ii) this Act applies in relation to the area of the petroleum tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area— (A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and (B) to comprise land that is not contiguous.
- (A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and
- (B) to comprise land that is not contiguous.
- (i) the stated land is excluded from the area of the 1923 Act petroleum tenure comprising the interest, or under or in relation to which the interest exists; and
- (ii) this Act applies in relation to the area of the petroleum tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area— (A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and (B) to comprise land that is not contiguous.
- (A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and
- (B) to comprise land that is not contiguous.
- (A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and
- (B) to comprise land that is not contiguous.