Petroleum (Submerged Lands) Amendment Act 2002

No. 93, 2002

An Act to amend the Petroleum (Submerged Lands) Act 1967, and for other purposes

[Assented to 31 October 2002]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Petroleum (Submerged Lands) Amendment Act 2002.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Petroleum (Submerged Lands) Act 1967

1 Subsection 30(1)

Omit “section 31”, substitute “sections 31 and 31A”.

2 At the end of section 31

Add:

Note: The operation of this section is affected by a saving provision set out in item 32 of Schedule 1 to the Petroleum (Submerged Lands) Legislation Amendment Act (No. 1) 2000. The saving provision applies in relation to the first application after the commencement of item 31 of that Schedule (on 7 March 2000) for the renewal of a permit that was granted before that commencement.

3 After section 31

Insert:

31A Certain permits cannot be renewed more than twice

Scope

(1) This section applies to an application for the renewal of a permit, where:

(a) the original permit was granted under section 22:

(i) on or after 1 January 2003; and

(ii) as a result of an application made in response to an invitation in an instrument that was published under subsection 20(1) on or after 1 January 2003; or

(b) the original permit was granted under section 27 on or after 1 January 2003.

Permit cannot be renewed more than twice

(2) A permittee must not make the application if it could result in the original permit being renewed more than twice.

4 Subsection 38H(4)

Omit “2 notices”, substitute “a notice”.

5 Transitional—section 38H of the Petroleum (Submerged Lands) Act 1967

If, before the commencement of this item:

(a) a lessee had already complied with a notice of the kind referred to in paragraph 38H(3)(b) of the Petroleum (Submerged Lands) Act 1967 during the term of the lease; and

(b) the Designated Authority had given to the lessee during that term a further notice of that kind; and

the Petroleum (Submerged Lands) Act 1967 has effect, after the commencement of this item, as if the Designated Authority had not given the further notice.

(115/02)

[Minister’s second reading speech made in—

House of Representatives on 15 May 2002

Senate on 19 June 2002]