Effect of change of baseline
4 Effect of change of baseline
If—
an offshore area is in the area of an exploration permit, mineral development licence or mining lease (the mining tenement); and
there is a change to the inner limit of the coastal waters of the State as defined in the Offshore Minerals Act 1998, section 16(1) and (2); and
as a result of the change, the offshore area comes within those coastal waters;
this Act applies, while the mining tenement or any successor mining tenement remains in force, as if the area were still within the offshore area.
If—
a mining lease takes effect immediately after an exploration permit expires; and
the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired;
the mining lease is a successor mining tenement to the exploration permit for subsection (1).
If—
a mineral development licence takes effect immediately after an exploration permit expires; and
the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired;
the mineral development licence is a successor mining tenement to the exploration permit for subsection (1).
If—
a mining lease takes effect immediately after a mineral development licence expires; and
the mineral development licence took effect immediately after an exploration permit expired; and
the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and
the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired;
the mining lease is a successor mining tenement to the exploration permit and the mineral development licence for subsection (1).
In this section—
offshore area means an area of the sea bed and subsoil to which the Act applies.
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