Commonwealth Consolidated Acts

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OFFSHORE MINERALS ACT 1994 - SECT 15

Effect of change to, or reassessment of the location of, baseline

  (1)   If:

  (a)   a licence has been granted on the basis that an area is within an offshore area; and

  (b)   there is a change to the baseline of Australia's territorial sea or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and

  (c)   as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within an offshore area;

this Act applies as if the area were still within the offshore area.

  (2)   Subsection   (1) continues to apply to the area only while the licence (and any successor licence) remains in force.

  (3)   If:

  (a)   a State offshore mining licence has been granted on the basis that an area is within the State's coastal waters; and

  (b)   there is a change to the baseline of Australia's territorial sea or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and

  (c)   as a result of the change to, or reassessment of the location of, the baseline, the area:

  (i)   ceases to be within the State's coastal waters; and

  (ii)   falls within an offshore area;

this Act does not apply to the area.

  (4)   Subsection   (3) continues to apply to the area only while the State offshore mining licence (and any successor licence) remains in force.

  (5)   In this section:

"State offshore mining licence" means a licence granted under State law that authorises the holder to:

  (a)   explore for or recover minerals (other than petroleum) in the seabed or subsoil under the State's coastal waters; or

  (b)   carry out related activities.

"successor licence" to a State offshore mining licence is a licence that is a successor licence to that licence for the purposes of State law.



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