15.Other transitional provisions relating to Petroleum Legislation Amendment Act 2024
amendment day means the day on which the Petroleum Legislation Amendment Act 2024 section 210 comes into operation.
(2)This regulation is made under section 153(3) of the Act.
(3)On and after amendment day —
(a)an access authority that is in force, or an application for an access authority that is on foot, immediately before amendment day continues as a petroleum access authority or an application for a petroleum access authority; and
(b)a lease that is in force, or an application for a lease that is on foot, immediately before amendment day continues as a petroleum retention lease or an application for a petroleum retention lease; and
(c)a licence that is in force, or an application for a licence that is on foot, immediately before amendment day continues as a petroleum production licence or an application for a petroleum production licence; and
(d)a permit that is in force, or an application for a permit that is on foot, immediately before amendment day continues as a petroleum exploration permit or an application for a petroleum exploration permit; and
(e)a special prospecting authority that is in force, or an application for a special prospecting authority that is on foot, immediately before amendment day continues as a petroleum special prospecting authority or an application for a petroleum special prospecting authority; and
(f)references in the Act to, or that include, a petroleum access authority include, where relevant, an access authority that ceased to have force before amendment day; and
(g)references in the Act to, or that include, a petroleum retention lease include, where relevant, a lease that ceased to have force before amendment day; and
(h)references in the Act to, or that include, a petroleum production licence include, where relevant, a licence that ceased to have force before amendment day; and
(i)references in the Act to, or that include, a petroleum exploration permit include, where relevant, a permit that ceased to have force before amendment day; and
(j)references in the Act to, or that include, a petroleum special prospecting authority include, where relevant, a special prospecting authority that ceased to have force before amendment day.
(4)In subregulation (3), references to an application include an invitation for applications made by the Minister.
(5)In section 38E of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 4) —
(a)in subsection (1)(a), the reference to a notice of the kind referred to in section 38H(3A) of the Act includes a notice given before amendment day of the kind referred to in section 38H(3) of the Act as then in force; and
(b)in subsection (2A)(a), the reference to an instrument under section 38E(2) of the Act includes an instrument served before amendment day under section 38E(1) of the Act as then in force; and
(c)in subsection (2A)(b)(i) and (ii), references to section 38E(2)(b) of the Act are, in the case of an instrument served before amendment day under section 38E(1) of the Act as then in force, to section 38E(1)(e) of the Act as then in force; and
(d)in subsections (3) and (4), references to the cancellation of a lease under section 38E(2B) of the Act include the cancellation of a lease before amendment day under section 38E(2) of the Act as then in force.
(6)In section 38G of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 4) —
(a)in subsections (6), (7) and (8), references to an instrument under section 38G(1A) or (1B) of the Act include an instrument served before amendment day under section 38G(1) of the Act as then in force; and
(b)in subsection (10) —
(i)the reference to the Minister refusing to grant the renewal of a lease includes the Minister refusing to grant the renewal of a lease before amendment day by reason only of not being satisfied as to the matter referred to in section 38G(1)(c)(i) of the Act as then in force; and
(ii)in paragraph (a), the reference to an instrument under section 38G(2) of the Act includes an instrument served before amendment day under section 38G(2) of the Act as then in force.
(7)The replacement of section 38H(3) of the Act by the Petroleum Legislation Amendment Act 2024 section 301(1) does not affect a request made under section 38H(3) of the Act before amendment day.
(8)In section 38H(4) of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 4), the reference to notices of the kind referred to in section 38H(3A)(a) of the Act includes notices given before amendment day of the kind referred to in section 38H(3) of the Act as then in force.
(9)A determination made before amendment day by the Minister under section 42 of the Act applies, on and after amendment day, in respect of a regulated substance recovered as well as petroleum recovered.
(10)In section 49(1) and (2) of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 4), references to an instrument under section 47(1A) of the Act include an instrument made before amendment day under section 47(1) of the Act as then in force.
(11)If an instrument served on an applicant under section 49 of the Act before amendment day contains a statement that the applicant will be required to pay royalty at the rate specified in that statement, that statement applies, on and after amendment day, in respect of a regulated substance recovered as well as petroleum recovered.
(12)If an application for a pipeline licence made under section 64 of the Act before amendment day is on foot immediately before amendment day, the Act continues to apply, on and after amendment day, in relation to the application as if the amendment made by the Petroleum Legislation Amendment Act 2024 section 333 had not been made.
(13)Subregulation (14) applies if —
(a)an application for approval of a transfer is made before amendment day under section 78 of the Act; and
(b)neither of the following occurs before amendment day —
(i)the transfer is registered;
(ii)the Minister informs the applicant that the Minister has decided not to approve the transfer.
(14)On and after amendment day —
(a)section 78 of the Act, as amended by the Petroleum Legislation Amendment Act 2024 Part 4, applies in relation to the application and transfer as if the application had been made under section 78 of the Act as so amended; and
(b)for that purpose, in section 78(1), (4), (12) and (13) of the Act, references to an instrument of transfer are to an instrument of transfer that accompanied the application under section 78(3)(a) of the Act as in force before amendment day.
(15)Subregulation (16) applies if —
(a)an application for approval of a dealing is made before amendment day under section 81 or 81A of the Act; and
(b)neither of the following occurs before amendment day —
(i)an entry is made in the register in relation to the dealing under section 81(12) of the Act;
(ii)the Minister informs the applicant that the Minister has decided to refuse to approve the dealing.
(16)On and after amendment day —
(a)sections 81 and 81A (if relevant) of the Act, as amended by the Petroleum Legislation Amendment Act 2024 Part 4, apply in relation to the application and dealing as if the application had been made under section 81 or 81A of the Act as so amended; and
(b)for that purpose, in section 81(13)(a) to (c) of the Act, references to an instrument for the purpose of section 81(4)(b) of the Act are to an instrument for the purpose of section 81(4)(b) of the Act as in force before amendment day.
[Regulation 15 inserted: SL 2026/82 r. 107.]