Application of sections 35 and 36
2 Application of sections 35 and 36
Where—
a nomination was made under section 35 as in force immediately before the commencement of the amending Act; and
a declaration was not made under section 36 (as then in force) before the commencement of the amending Act as a result of the making of that nomination, sections 35, 36 and 37 of this Act, as in force immediately before the commencement of the amending Act, continue to have effect in relation to that nomination and the block or blocks that would be affected by a declaration as if the amending Act had not been enacted.
A declaration made under section 36 as continued in force by subclause (1) has effect, and this Act, as amended by the amending Act, applies to the declaration, as if the declaration had been made under section 36 as in force after the commencement of the amending Act.
A declaration in force under section 36 as in force immediately before the commencement of the amending Act has effect after that commencement as if it were a declaration under section 36 as in force after the commencement of the amending Act.
Where—
a permittee under a permit granted before the commencement of the amending Act applies under section 39, as amended by the amending Act, for a licence; and
the location that includes the block or blocks to which the application relates was declared under section 36 as in force after the commencement of the amending Act; and
the location consists of not more than 8 blocks; and
the Minister notifies the applicant in writing that, in the Minister's opinion, the number of blocks specified in the notification represents the maximum number of blocks that the applicant would have been entitled to have declared as a location instead of the block or blocks constituting the location referred to in paragraph (b) if the amending Act had not been enacted; and
the number of blocks specified in the notification exceeds the number of blocks in the location referred to in paragraph (b), section 39(1) of this Act, as amended by the amending Act, applies as if the firstmentioned location were constituted by the number of blocks specified in the notification referred to in paragraph (d).
Where—
a lessee under a lease of a block or blocks for which a permit was granted before the commencement of the amending Act applies under section 39A, as amended by the amending Act, for a licence; and
the location that includes the block or blocks to which the application relates was declared under section 36 as in force after the commencement of the amending Act; and
the location consists of not more than 8 blocks; and
the Minister notifies the applicant in writing that, in the Minister's opinion, the number of blocks specified in the notification represents the maximum number of blocks that the applicant would have been entitled to have declared as a location instead of the block or blocks constituting the location referred to in paragraph (b) if the amending Act had not been enacted; and
the number of blocks specified in the notification exceeds the number of blocks in the location referred to in paragraph (b), section 39A(1) of this Act, as amended by the amending Act, applies as if the lease were in respect of the number of blocks specified in the notification referred to in paragraph (d).
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