QLDIn ForceAct
Petroleum and Gas (Production and Safety) Act 2004
sec.30ABEffect of extinguishment of petroleum interests on the taking of land in a petroleum authority’s area (other than by an easement)
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### sec.30AB Effect of extinguishment of petroleum interests on the taking of land in a petroleum authority’s area (other than by an easement)
This section applies if, under section 30AA , 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 petroleum interests for stated land.
If the resumption notice states that all petroleum interests relating to the stated land are extinguished and a petroleum interest relates only to the stated land, the interest is wholly extinguished.
If the resumption notice states that all petroleum interests relating to the stated land are extinguished and a 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 petroleum authority 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 authority, 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
if the stated land, or a part of it, is within a potential commercial area for an authority to prospect—to exclude the stated land or part from the potential commercial area.
If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated petroleum interests is prohibited, the holder of a stated petroleum interest is not, or is no longer, authorised to carry out the stated activities on the stated land.
However, subsections (3) and (4) do not apply in relation to a petroleum interest that comprises, or exists under or in relation to, a new or renewed petroleum authority granted after the land is taken.
s 30AB ins 2012 No. 20 s 79
(sec.30AB-ssec.1) This section applies if, under section 30AA , 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 petroleum interests for stated land.
(sec.30AB-ssec.2) If the resumption notice states that all petroleum interests relating to the stated land are extinguished and a petroleum interest relates only to the stated land, the interest is wholly extinguished.
(sec.30AB-ssec.3) If the resumption notice states that all petroleum interests relating to the stated land are extinguished and a 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 petroleum authority 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 authority, 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 if the stated land, or a part of it, is within a potential commercial area for an authority to prospect—to exclude the stated land or part from the potential commercial area.
(sec.30AB-ssec.4) If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated petroleum interests is prohibited, the holder of a stated petroleum interest is not, or is no longer, authorised to carry out the stated activities on the stated land.
(sec.30AB-ssec.5) However, subsections (3) and (4) do not apply in relation to a petroleum interest that comprises, or exists under or in relation to, a new or renewed petroleum authority 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 petroleum authority 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 authority, with necessary and convenient changes to allow for the exclusion of the stated land, including, for example— (A) 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 (B) if the stated land, or a part of it, is within a potential commercial area for an authority to prospect—to exclude the stated land or part from the potential commercial area.
- (i) the stated land is excluded from the area of the petroleum authority 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 authority, with necessary and convenient changes to allow for the exclusion of the stated land, including, for example— (A) 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 (B) if the stated land, or a part of it, is within a potential commercial area for an authority to prospect—to exclude the stated land or part from the potential commercial area.
- (A) 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
- (B) if the stated land, or a part of it, is within a potential commercial area for an authority to prospect—to exclude the stated land or part from the potential commercial area.
- (i) the stated land is excluded from the area of the petroleum authority 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 authority, with necessary and convenient changes to allow for the exclusion of the stated land, including, for example— (A) 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 (B) if the stated land, or a part of it, is within a potential commercial area for an authority to prospect—to exclude the stated land or part from the potential commercial area.
- (A) 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
- (B) if the stated land, or a part of it, is within a potential commercial area for an authority to prospect—to exclude the stated land or part from the potential commercial area.
- (A) 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
- (B) if the stated land, or a part of it, is within a potential commercial area for an authority to prospect—to exclude the stated land or part from the potential commercial area.