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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 3 comes into operation.

(2)This regulation is made under section 154(3) of the Act.

(3)In section 35(1) and (2) of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 2), references to an instrument under section 33(3) of the Act include an instrument made before amendment day under section 33(2) of the Act as then in force.

(4)In section 48E of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 2) —

(a)in subsection (1)(a), the reference to a notice of the kind referred to in section 48H(3A) of the Act includes a notice given before amendment day of the kind referred to in section 48H(3) of the Act as then in force; and

(b)in subsection (2A)(a), the reference to an instrument under section 48E(2) of the Act includes an instrument served before amendment day under section 48E(1) of the Act as then in force; and

(c)in subsection (2A)(b)(i) and (ii), references to section 48E(2)(b) of the Act are, in the case of an instrument served before amendment day under section 48E(1) of the Act as then in force, to section 48E(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 48E(2B) of the Act include the cancellation of a lease before amendment day under section 48E(2) of the Act as then in force.

(5)In section 48G of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 2) —

(a)in subsections (6), (7) and (8), references to an instrument under section 48G(1A) or (1B) of the Act include an instrument served before amendment day under section 48G(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 48G(1)(c)(i) of the Act as then in force; and

(ii)in paragraph (a), the reference to an instrument under section 48G(2) of the Act includes an instrument served before amendment day under section 48G(2) of the Act as then in force.

(6)The replacement of section 48H(3) of the Act by the Petroleum Legislation Amendment Act 2024 section 116(1) does not affect a request made under section 48H(3) of the Act before amendment day.

(7)In section 48H(4) of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 2), the reference to notices of the kind referred to in section 48H(3A) of the Act includes notices given before amendment day of the kind referred to in section 48H(3) of the Act as then in force.

(8)A determination made before amendment day by the Minister under section 52 of the Act applies, on and after amendment day, in respect of a regulated substance recovered as well as petroleum recovered.

(9)If an instrument served on an applicant under section 59 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.

(10)Subregulation (11) applies if —

(a)an application for approval of a transfer is made before amendment day under section 72 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.

(11)On and after amendment day —

(a)section 72 of the Act, as amended by the Petroleum Legislation Amendment Act 2024 Part 2, applies in relation to the application and transfer as if the application had been made under section 72 of the Act as so amended; and

(b)for that purpose, in section 72(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 72(3)(a) of the Act as in force before amendment day.

(12)Subregulation (13) applies if —

(a)an application for approval of a dealing is made before amendment day under section 75 or 75A 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 75(12) of the Act;

(ii)the Minister informs the applicant that the Minister has decided to refuse to approve the dealing.

(13)On and after amendment day —

(a)sections 75 and 75A (if relevant) of the Act, as amended by the Petroleum Legislation Amendment Act 2024 Part 2, apply in relation to the application and dealing as if the application had been made under section 75 or 75A of the Act as so amended; and

(b)for that purpose, in section 75(13)(a) to (c) of the Act, references to an instrument for the purpose of section 75(4)(b) of the Act are to an instrument for the purpose of section 75(4)(b) of the Act as in force before amendment day.

(14)An instrument of consent under section 116(1) of the Act that is in effect immediately before amendment day continues in effect on and after amendment day as if it had been given under section 116(1) of the Act as inserted and amended by the Petroleum Legislation Amendment Act 2024 Part 2.

[Regulation 15 inserted: SL 2026/82 r. 23.]