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Petroleum Act 1984
119Application, savings and transitional
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119 Application, savings and transitional
(1) Subject to this section, this Act does not apply to or in relation to:
(a) a permit or lease, granted under the repealed Act before the
commencement of this Act;
(b) a renewal of a permit or lease referred to in paragraph (a); or
(c) the application for, or grant or renewal of, a lease in relation to
an area which was previously the whole or part of the area the
subject of a permit referred to in paragraph (a).
(1A) Part VB applies to and in relation to a lease referred to in
(2) For the purposes of subsection (1), the repealed Act shall continue
in force as though this Act had not come into force except that a
lease granted or renewed under the repealed Act remains in force
for the same period as a production licence and is subject to the
provisions of this Act relating to the release of information and the
giving of directions by the Minister.
(2AA) A lessee of a lease referred to in subsection (1) may apply for the
renewal of the lease under the repealed Act, as continued in force
by subsection (2), at a time earlier than that specified in the
repealed Act, and, subject to Part IIA if applicable, the Minister may
grant the renewal, where the Minister is satisfied that there are
commercial reasons that justify the application being made at a
time earlier than that specified in the repealed Act.
Petroleum Act 1984 184
(2A) The Minister shall not under the repealed Act, as continued in force
by subsection (2), grant a lease of land comprising the whole or a
part of a park or reserve except in accordance with the conditions, if
any, specified by the minister administering the Territory Parks and
Wildlife Conservation Act 1976.
(2B) The holder of a permit continued in force by subsection (2) shall not
carry out work referred to in a statement under section 25 of the
repealed Act, or other exploration, which may cause significant
disturbance to the surface of land comprising the whole or a part of
a park or reserve unless he has advised the Minister, in writing, of
the proposed activity and he carries it out in accordance with such
directions, if any, as the Minister thinks fit, or which are required
under subsection (2C) to be given, to protect the environment of or
in the vicinity of the park or reserve.
(2C) The minister administering the Territory Parks and Wildlife
Conservation Act 1976 may require the Minister to give as
directions under subsection (2B) such directions in relation to the
protection of the environment of the park or reserve referred to in
that subsection as the minister thinks fit, and the Minister shall give
those directions accordingly.
(2D) Subject to subsection (2E), a lease in respect of which a condition
referred to in subsection (2A) is specified is, in addition to the
conditions prescribed for the purposes of section 46(2)(b) of the
repealed Act, subject to that condition so specified.
(2E) Where a condition prescribed for the purposes of section 46(2)(b) of
the repealed Act is inconsistent with a condition specified under
subsection (2A), the first-mentioned condition, to the extent of that
inconsistency, has no force or effect.
(2F) The Minister has power to give a direction referred to in
subsection (2B).
(3) A permittee or lessee, within the meaning of the repealed Act, may,
by notice in writing to the Minister, apply to surrender his permit or
lease under the repealed Act in consideration of a grant, subject to
subsection (4), of a permit or licence under this Act.
(4) In an application under subsection (3), the permittee or lessee,
within the meaning of the repealed Act, shall specify:
(a) the nature;
(b) the term, including whether it shall be deemed to be an initial
grant or a renewal and the date of expiration; and
(c) the conditions,
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of the permit or licence he proposes shall be granted to him.
(5) Before the expiration of 3 months after the date of receipt of an
application under subsection (3), the Minister must give notice to
the applicant of:
(a) the conditions subject to which he or she is prepared to grant
the application; and
notice, after which the application lapses unless the Minister
has received from the applicant an acceptance of the
conditions specified in the notice.
(6) If the Minister receives from the applicant within the time specified
in subsection (5)(b) a written acceptance of the conditions, the
Minister must grant the permit or licence to the applicant subject to
those conditions and cause the Registrar to register it.
(7) Upon the registration of a permit or licence granted under
subsection (6), the permit or lease, within the meaning of the
repealed Act, expires.
(8) Subject to subsection (9), an application for a permit that had been
made under the repealed Act and had not been processed before
the commencement of this Act may, at the election of the applicant
made within 2 months after the commencement of this Act, be
processed as an application for a permit under this Act as though it
were an application made under this Act on the commencement of
this Act, but shall otherwise lapse.
(9) Where an application referred to in subsection (8) does not comply
with the requirements of section 16(1), the Minister may:
(a) exercise his powers under section 16(2); and
(b) as he thinks fit, amend the application so that it complies with
the requirements of section 16(1).
(10) The person who, immediately before the commencement of this
Act, held the office of Petroleum Registrar within the meaning of the
repealed Act shall, on that commencement, be the Registrar for the
purposes of this Act as if he were appointed under section 90(1) by
the Minister on the commencement.
(11) The Register of Permits and Register of Leases, within the meaning
of the repealed Act shall, on the commencement of this Act form
part of the Register for the purposes of this Act.