Effect of change of baseline
9A Effect of change of baseline
If —
an offshore area is covered by a mining tenement; and
there is a change to the inner limit of the coastal waters of the State as defined in section 16(1) and (2) of the Offshore Minerals Act 2003; and
as a result of the change the offshore area comes within those coastal waters,
this Act applies, while the tenement or any successor tenement remains in force, as if the area were still within the offshore area.
In subsection (1) —
offshore area means an area that comes within paragraph (b) of the definition of land in section 8(1).
If —
a mining lease takes effect immediately after an exploration licence expires; and
the holder of the mining lease immediately after it takes effect was the holder of the exploration licence immediately before it expired,
the mining lease is a successor tenement to the exploration licence for the purposes of subsection (1).
If —
a retention licence takes effect immediately after an exploration licence expires; and
the holder of the retention licence immediately after it takes effect was the holder of the exploration licence immediately before it expired,
the retention licence is a successor tenement to the exploration licence for the purposes of subsection (1).
If —
a mining lease takes effect immediately after a retention licence expires; and
the retention licence took effect immediately after an exploration licence expired; and
the holder of the mining lease immediately after it takes effect was the holder of the retention licence immediately before it expired; and
the holder of the retention licence immediately after it took effect was the holder of the exploration licence immediately before it expired,
the mining lease is a successor tenement to the exploration licence and the retention licence for the purposes of subsection (1).
[Section 9A inserted: No. 12 of 2003 s. 6.]
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