Petroleum Act 1923

This section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.

Despite any other Act, the taking of land does not extinguish 1923 Act petroleum interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.

The resumption notice for the taking of land may provide for the extinguishment of a 1923 Act petroleum interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.

Without limiting the application of subsection (3), the relevant Minister may be satisfied a 1923 Act petroleum interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.

A 1923 Act petroleum interest may be—

wholly extinguished; or

partially extinguished by—

excluding land from the land the subject of the interest; or

prohibiting the carrying out of activities by the holder of the interest.

The resumption notice for the taking of land may provide for the extinguishment of 1923 Act petroleum interests by reference to either or both of the following—

stated land, which—

may be all or part of the land that is taken; and

if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example—

as a shape that does not constitute a block or sub-block; or

by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;

stated 1923 Act petroleum interests, which may be all 1923 Act petroleum interests or 1923 Act petroleum interests of a particular type.

For the taking of land for which 1923 Act petroleum interests are extinguished as provided by this section—

each person’s interest in an extinguished 1923 Act petroleum interest is converted into a right to claim compensation under the resumption law; and

the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 124C.

The notice of intention to resume for the proposed taking of the land must state the extent to which the 1923 Act petroleum interests are proposed to be extinguished.

The entity taking the land must give the chief executive a notice that—

states the details of the extinguishment; and

asks for the extinguishment to be recorded in the register; and

is accompanied by a certified copy of the resumption notice.

In this section—certified copy, of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice.relevant Minister, for the taking of land under a resumption law, means—

if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or

otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.