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MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 278

278 Insertion of new ch 15, pt 13, div 3

Chapter 15, part 13—

insert—

In this division—

existing petroleum lease means a petroleum lease that is in effect immediately before the commencement.

'(1) This section applies to the holder of an existing petroleum lease if the production commencement day for the lease is before 1 February 2014.

'(2) The holder may apply under section 175AA in relation to the production commencement day only if the application is made no later than 6 months before the day by which petroleum production under the lease is to start.

'(3) This section applies despite section 175AA(c).

'(1) This section applies to the holder of an existing petroleum lease.

'(2) The first infrastructure report lodged after the commencement by the holder under section 552A for an existing petroleum lease must, in addition to the requirements mentioned in section 552B, also state—

(a) details of the authorised activities for the lease carried out since the lease was granted; and
(b) details of infrastructure and works constructed in the area of the lease since the lease was granted, including the location of the infrastructure and works.

'(1) This section applies if—

(a) a party to a proposed dealing made a request to the Minister under former section 571; and
(b) the Minister had not given the party an indication before the commencement.

'(2) The Minister may continue to consider the request and give the indication under former section 571 as if the section had not been repealed by the amending Act.

'(1) This section applies if—

(a) before the commencement, the Minister gave an indication of approval of a proposed dealing under former section 571; and
(b) the indication is current at the commencement.

'(2) The indication of approval continues to have effect after the commencement as if former section 571 had not been repealed by the amending Act.

'(1) This section applies if—

(a) a holder of a petroleum authority or interest made an application for approval of a dealing under former section 572; and
(b) the Minister had not granted or refused the approval before the commencement.

'(2) Despite the replacement of former chapter 5, part 10 by the amending Act—

(a) the Minister may continue to deal with the application; and
(b) former sections 573 and 574 apply to the Minister's decision about the application.

'(1) This section applies until the commencement of the Environmental Protection Act 1994, chapter 5A, part 4 as inserted by the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012.

'(2) Former section 573(2)(a) continues in force instead of section 573D(4)(a)(ii), as inserted by the amending Act, for deciding whether to give an approval of an assessable transfer.

'(1) This section applies to a person if—

(a) before the commencement, the person could have applied under section 817 for an internal review of a decision about a refusal to approve a dealing under former section 573(1); but
(b) the person had not made the application before the commencement.

'(2) Despite the amendment of schedule 1 by the amending Act, the person continues to be a person who may apply under section 817, subject to section 818, for the decision.

'(1) This section applies if, before the commencement—

(a) a person applied under section 817 for an internal review about a refusal to approve a dealing under former section 573(1); and
(b) the reviewer had not yet decided the review.

'(2) The reviewer may continue, under chapter 12, part 1, to grant a stay of the decision being reviewed and decide the review.

'(1) This section applies if—

(a) after the commencement, an authority to prospect holder applies for approval of an amendment of a work program for the authority (a work program application) mentioned in section 59(1)(b); and
(b) before the commencement—
(i) a transfer of a share in the authority was approved under section 573; or
(ii) an application for approval of a transfer of a share in the authority was made under section 572 but had not been decided.

'(2) Section 59(2)(d), as amended by the amending Act, applies in relation to the work program application as if a reference—

(a) in section 59(2)(d)(i) to an application under section 573C for approval of an assessable transfer relating to a share in the authority were a reference to an application for approval of a transfer of a share in the authority under former section 572; and
(b) in section 59(2)(d)(ii) to approval of the assessable transfer having been given under section 573D were a reference to the approval of a transfer of a share in the authority having been given under former section 573.'.


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