sec.919Refinery permissions

### sec.919 Refinery permissions This section applies if a refinery permission under the 1923 Act, former section 66, is in force immediately before 31 December 2004. If, immediately before 31 December 2004, the refinery had been constructed and was in operation, on 31 December 2004— the permission is a petroleum facility licence; and the holder of the permission is the holder of the licence; and if the permission had a term—the term of the licence is the balance of the permission’s term; and if the permission did not have a term—the term of the licence ends 30 years after 31 December 2004; and the licence is held subject to this Act and the conditions of the permission, other than any condition that is the same, or substantially the same, as any relevant environmental condition for the licence; and until an annual fee is prescribed for the licence, the annual fee for the licence is the annual fee payable for the permission. However, if a condition of the permission conflicts with any of the following (the overruling provision ) the overruling provision prevails to the extent of the inconsistency— a provision of this Act; a mandatory condition for petroleum facility licences; a relevant environmental condition for the petroleum facility licence. If the refinery had not been constructed or was not in operation immediately before 31 December 2004, the permission lapses. s 919 ins 2004 No. 26 s 247 amd 2007 No. 46 s 241 sch (sec.919-ssec.1) This section applies if a refinery permission under the 1923 Act, former section 66, is in force immediately before 31 December 2004. (sec.919-ssec.2) If, immediately before 31 December 2004, the refinery had been constructed and was in operation, on 31 December 2004— the permission is a petroleum facility licence; and the holder of the permission is the holder of the licence; and if the permission had a term—the term of the licence is the balance of the permission’s term; and if the permission did not have a term—the term of the licence ends 30 years after 31 December 2004; and the licence is held subject to this Act and the conditions of the permission, other than any condition that is the same, or substantially the same, as any relevant environmental condition for the licence; and until an annual fee is prescribed for the licence, the annual fee for the licence is the annual fee payable for the permission. (sec.919-ssec.3) However, if a condition of the permission conflicts with any of the following (the overruling provision ) the overruling provision prevails to the extent of the inconsistency— a provision of this Act; a mandatory condition for petroleum facility licences; a relevant environmental condition for the petroleum facility licence. (sec.919-ssec.4) If the refinery had not been constructed or was not in operation immediately before 31 December 2004, the permission lapses. - (a) the permission is a petroleum facility licence; and - (b) the holder of the permission is the holder of the licence; and - (c) if the permission had a term—the term of the licence is the balance of the permission’s term; and - (d) if the permission did not have a term—the term of the licence ends 30 years after 31 December 2004; and - (e) the licence is held subject to this Act and the conditions of the permission, other than any condition that is the same, or substantially the same, as any relevant environmental condition for the licence; and - (f) until an annual fee is prescribed for the licence, the annual fee for the licence is the annual fee payable for the permission. - (a) a provision of this Act; - (b) a mandatory condition for petroleum facility licences; - (c) a relevant environmental condition for the petroleum facility licence.