146Barracouta and Marlin Fields Petroleum Production Licences

#### 146 Barracouta and Marlin Fields Petroleum Production Licences (1) In this section, licence means an instrument to which subsection (2) applies. (2) Subject to this section: (a) each Barracouta and Marlin Fields Petroleum Production Licence, that is to say, each instrument executed in accordance with the form set out in Schedule 3 and having annexed thereto a plan delineating and indicating the area in relation to which the instrument applies, has effect as if it were a production licence for petroleum granted under section 44; and (b) this Act and each Act with which this Act is incorporated applies to and in relation to each such instrument as though it were a production licence for petroleum so granted. (3) A licence comes into force on the date from and including which this Part has effect in respect of the adjacent area specified in Schedule 2 as being adjacent to the State of Victoria and remains in force, unless sooner surrendered or cancelled, until 31st March 1988. (4) In the provisions of a licence that have effect by reason of this section: (a) except as otherwise provided in this subsection, a reference to the Minister shall be read as a reference to the Designated Authority; (b) the first reference to the Minister in subclause 2(1) of the licence shall be read as a reference to the Joint Authority in respect of the adjacent area in respect of Victoria; (c) that subclause shall have effect as if there were substituted for the words “as the Minister in his discretion determines” the words “as are determined in accordance with the law for the time being in force”; and (d) the reference to the Minister in subclause 27(1) shall be read as a reference to the Joint Authority in respect of the adjacent area in respect of Victoria. (5) The following provisions of a licence do not have effect by reason of this section: (a) subclause 2(2); (b) clauses 3 to 9 (inclusive) and clauses 11, 12 and 29; and (c) any provision that provides for the payment of a tax. (6) The reference in clause 22 of a licence to the Companies Act 1961 shall be read as a reference to the Companies Act 1961 of the State of Victoria or to that Act as amended and in force for the time being or to any Act enacted in substitution for that Act, as the circumstances require. (7) Clause 31 of a licence shall be taken to be omitted and the following clause substituted therefor: “31. Such a notice may be signed by the Designated Authority or by a person to whom the Designated Authority has delegated his powers to give the notice.”. (8) For the definition of petroleum in clause 32 of a licence there shall be taken to be substituted the definition of petroleum in section 5. (9) Any covenant by the licensee under a licence that is in the nature of a condition of the licence to be complied with by the licensee has effect for the purposes of the application of this Act in relation to the licence as if that covenant were a condition of the licence. (10) The Designated Authority shall enter in the Register a copy of each licence and shall also enter in the Register a statement that the licence has effect subject to this section and to the Petroleum (Submerged Lands) (Royalty) Act 1967 and the Petroleum (Submerged Lands) (Production Licence Fees) Act 1967.