Commonwealth Consolidated Acts

OFFSHORE MINERALS ACT 1994 - SCHEDULE 1

Part   1 -- General

1   Correspondence of permits etc. under 1981 Act and licences under this Act

    For the purposes of this Schedule:

  (a)   an exploration permit under the 1981 Act and an exploration licence under this Act correspond to each other; and

  (b)   a production licence under the 1981 Act and a mining licence under this Act correspond to each other; and

  (c)   a works authority under the 1981 Act and a works licence under this Act correspond to each other; and

  (d)   an instrument of consent under section   74 of the 1981 Act and a special purpose consent under this Act correspond to each other.

2   Correspondence of provisions

  (1)   If one provision of the 1981 Act and one provision of this Act have the same legal effect, the 2 provisions correspond to each other.

  (2)   If:

  (a)   one provision of the 1981 Act has a particular legal effect in relation to a number of permit types; and

  (b)   a provision of this Act has that legal effect in relation to one only of those permit types;

the 2 provisions correspond to each other for the purposes of applying this Schedule to that permit type.

  (3)   In this section:

"legal effect" includes conferring the power to issue a document.

"permit type" means:

  (a)   in relation to the 1981 Act:

  (i)   an exploration permit; or

  (ii)   a production licence; or

  (iii)   a works authority; or

  (iv)   an instrument of consent under section   74 of that Act; and

  (b)   in relation to this Act:

  (i)   a retention licence; or

  (ii)   an exploration licence; or

  (iii)   a mining licence; or

  (iv)   a works licence; or

  (v)   a special purpose consent.

3   References in documents to provisions of the 1981 Act

    A reference in a document to a provision of the 1981 Act is to be construed as a reference to the corresponding provision of this Act.

Part   2 -- Savings and transitional provisions applicable on the transition from the Minerals (Submerged Lands) Act 1981 to this Act

4   Instruments in force under the 1981 Act on the commencement of this Act

  (1)   An instrument that was in force under a provision of the 1981 Act immediately before the commencement of this Act has effect, from that commencement, as if it were an instrument made under the corresponding provision of this Act.

  (2)   Without limiting subsection   (1), the instrument may be:

  (a)   a determination; or

  (b)   a direction; or

  (c)   an approval; or

  (d)   a notice; or

  (e)   a declaration.

  (3)   Subsection   (1) does not apply to a delegation under section   20 of the 1981 Act.

  (4)   If an instrument to which subsection   (1) applies was, when made, to have effect only for a limited period, the instrument has effect under subsection   (1) only for so much of the period as had not already expired before the commencement of this Act.

5   Regulations under the 1981 Act

  (1)   Subject to subsection   (3), any regulations made under the 1981 Act and in force immediately before the commencement of this Act continue in force as if they were made under this Act.

  (2)   A reference in a regulation so continued in force to a provision of the 1981 Act is taken to be a reference to the corresponding provision of this Act.

  (3)   This section does not apply to a regulation the making of which would not be authorised by this Act.

6   Saving of application for permit etc. under the 1981 Act

  (1)   If:

  (a)   a person applied for an exploration permit under the 1981 Act before the commencement of this Act; and

  (b)   the application is not determined before that commencement;

the application has effect from that commencement as if it were an application for an exploration licence under this Act.

  (2)   If:

  (a)   a person applied for a production licence under the 1981 Act before the commencement of this Act; and

  (b)   the application is not determined before that commencement;

the application has effect from that commencement as if it were an application for a mining licence under this Act.

  (3)   If:

  (a)   a person applied for a works authority under the 1981 Act before the commencement of this Act; and

  (b)   the application is not determined before that commencement;

the application has effect from that commencement as if it were an application for a works licence under this Act.

  (4)   If:

  (a)   a person applied for a consent under section   74 of the 1981 Act before the commencement of this Act; and

  (b)   the application is not determined before that commencement;

the application has effect from that commencement as if it were an application for a special purpose consent under this Act.

7   Saving of exploration permits

  (1)   An exploration permit that was in force under the 1981 Act immediately before the commencement of this Act has effect from that commencement as if it were an exploration licence in force under this Act.

  (2)   If subsection   (1) applies to an exploration licence:

  (a)   the licence remains in force for a period of 2 years commencing on the day on which the licence is granted; and

  (b)   section   104 of this Act does not apply to the licence.

  (3)   If:

  (a)   subsection   (1) applies to an exploration licence; and

  (b)   the licence holder applies to renew the licence;

the holder must surrender on each surrender day of the licence:

  (c)   25% of the number of blocks in the licence area; or

  (d)   if 25% of that number is a whole number and a fraction--the next higher whole number.

8   Saving of instruments under the 1981 Act

    If an instrument:

  (a)   is an instrument of a kind referred to in column 2 of the following Table; and

  (b)   was in force immediately before the commencement of this Act;

then the instrument continues in force immediately after that commencement as if, at the time it had been made, it had been made in the same terms as an instrument of the kind referred to in the corresponding item in column 3 of the Table: