Petroleum Act 1984

(1) Subject to this section, this Act does not apply to or in relation to:

(a) a permit or lease, granted under the repealed Act before the commencement of this Act;

(c) the application for, or grant or renewal of, a lease in relation to an area which was previously the whole or part of the area the subject of a permit referred to in paragraph (a).

(1A) Part VB applies to and in relation to a lease referred to in subsection (1).

(2) For the purposes of subsection (1), the repealed Act shall continue in force as though this Act had not come into force except that a lease granted or renewed under the repealed Act remains in force for the same period as a production licence and is subject to the provisions of this Act relating to the release of information and the giving of directions by the Minister.

(2AA) A lessee of a lease referred to in subsection (1) may apply for the renewal of the lease under the repealed Act, as continued in force by subsection (2), at a time earlier than that specified in the repealed Act, and, subject to Part IIA if applicable, the Minister may grant the renewal, where the Minister is satisfied that there are commercial reasons that justify the application being made at a time earlier than that specified in the repealed Act.

(2A) The Minister shall not under the repealed Act, as continued in force by subsection (2), grant a lease of land comprising the whole or a part of a park or reserve except in accordance with the conditions, if any, specified by the minister administering the Territory Parks and Wildlife Conservation Act 1976.

(2B) The holder of a permit continued in force by subsection (2) shall not carry out work referred to in a statement under section 25 of the repealed Act, or other exploration, which may cause significant disturbance to the surface of land comprising the whole or a part of a park or reserve unless he has advised the Minister, in writing, of the proposed activity and he carries it out in accordance with such directions, if any, as the Minister thinks fit, or which are required under subsection (2C) to be given, to protect the environment of or in the vicinity of the park or reserve.

(2C) The minister administering the Territory Parks and Wildlife Conservation Act 1976 may require the Minister to give as directions under subsection (2B) such directions in relation to the protection of the environment of the park or reserve referred to in that subsection as the minister thinks fit, and the Minister shall give those directions accordingly.

(2D) Subject to subsection (2E), a lease in respect of which a condition referred to in subsection (2A) is specified is, in addition to the conditions prescribed for the purposes of section 46(2)(b) of the repealed Act, subject to that condition so specified.

(2E) Where a condition prescribed for the purposes of section 46(2)(b) of the repealed Act is inconsistent with a condition specified under subsection (2A), the first-mentioned condition, to the extent of that inconsistency, has no force or effect.

(2F) The Minister has power to give a direction referred to in subsection (2B).

(3) A permittee or lessee, within the meaning of the repealed Act, may, by notice in writing to the Minister, apply to surrender his permit or lease under the repealed Act in consideration of a grant, subject to subsection (4), of a permit or licence under this Act.

(4) In an application under subsection (3), the permittee or lessee, within the meaning of the repealed Act, shall specify:

(b) the term, including whether it shall be deemed to be an initial grant or a renewal and the date of expiration; and

of the permit or licence he proposes shall be granted to him.

(5) Before the expiration of 3 months after the date of receipt of an application under subsection (3), the Minister must give notice to the applicant of:

(a) the conditions subject to which he or she is prepared to grant the application; and

(b) the date, not being earlier than 28 days after the date of the notice, after which the application lapses unless the Minister has received from the applicant an acceptance of the conditions specified in the notice.

(6) If the Minister receives from the applicant within the time specified in subsection (5)(b) a written acceptance of the conditions, the Minister must grant the permit or licence to the applicant subject to those conditions and cause the Registrar to register it.

(7) Upon the registration of a permit or licence granted under subsection (6), the permit or lease, within the meaning of the repealed Act, expires.

(8) Subject to subsection (9), an application for a permit that had been made under the repealed Act and had not been processed before the commencement of this Act may, at the election of the applicant made within 2 months after the commencement of this Act, be processed as an application for a permit under this Act as though it were an application made under this Act on the commencement of this Act, but shall otherwise lapse.

(9) Where an application referred to in subsection (8) does not comply with the requirements of section 16(1), the Minister may:

(b) as he thinks fit, amend the application so that it complies with the requirements of section 16(1).

(10) The person who, immediately before the commencement of this Act, held the office of Petroleum Registrar within the meaning of the repealed Act shall, on that commencement, be the Registrar for the purposes of this Act as if he were appointed under section 90(1) by the Minister on the commencement.

(11) The Register of Permits and Register of Leases, within the meaning of the repealed Act shall, on the commencement of this Act form part of the Register for the purposes of this Act.

(12) Each record kept, registration or record made, certificate or instrument issued, permit, permission, authority, notice or information given, served or lodged or return made, for any purpose, under the repealed Act and in force or effect immediately before the commencement of this Act, shall continue in force and have effect as if kept, made, issued or given under this Act.

(13) An interest, whether legal or equitable, created before the commencement of this Act in relation to a permit or lease granted or issued under the repealed Act and in force immediately before the commencement of this Act, shall continue to have the same force and effect after the commencement of this Act as it had before the commencement.

(a) extend the application of any provision of this Act prescribed by regulation to and in relation to a lease referred to in subsection (1); and

(b) extend the application of any regulations under this Act to and in relation to a lease referred to in subsection (1).

(15) A regulation under subsection (14) has effect according to its terms and despite any inconsistency between the regulation and another provision of this section.

Part VII Transitional matters

Division 1 Petroleum Amendment and Related Matters Act 2010