Document ID: chunk:federal_register_of_legislation:C2024C00818:section:5:p2
Version: federal_register_of_legislation:C2024C00818
Segment Type: section
Provision Reference: s 5 (pt 2/4)
Character Range: 52410–55262

retention lease came into force, a permit derived production licence, or permit derived production licences, in relation to the exploration permit were in force—after that production licence or all of those production licences, as the case may be, ceased to be in force and before the retention lease came into force;
shall be taken to have occurred in the retention lease area and not in the exploration permit area notwithstanding that the retention lease was not in force at that time.
 (4) For the purposes of subsection (2), where, but for this subsection, the same exploration for petroleum or recovery of petroleum would be exploration for petroleum in, or recovery of petroleum from, the exploration permit area or the retention lease area in relation to 2 or more production licences, the exploration or recovery shall be taken to relate only to the production licence that first came into force.

Post‑30 June 2008 petroleum project
 (5) For the purposes of the application of this Act (including this section) to a post‑30 June 2008 petroleum project, a reference to exploration for petroleum in, or recovery of petroleum from, a production licence area, an exploration permit area or a retention lease area is a reference to exploration for petroleum in, or recovery of petroleum from, the production licence area, the exploration permit area or the retention lease area while the production licence, exploration permit or retention lease concerned is or was in force.
 (6) For the purposes of the application of this Act to a post‑30 June 2008 petroleum project, a reference to exploration for petroleum in, or recovery of petroleum from, the eligible exploration or recovery area in relation to a petroleum project is a reference to:
 (a) if the production licence, or any production licence, in relation to the project is a production licence (in this paragraph called the current production licence) derived from an exploration permit (in this paragraph called the prior exploration permit)—exploration for petroleum in, or recovery of petroleum from, the exploration permit area of the prior exploration permit, where the exploration or recovery occurred:
 (i) before the current production licence came into force; and
 (ii) if, before the current production licence came into force, there came into force one or more retention leases, or one or more other production licences, derived from the prior exploration permit—after whichever of those retention leases or other production licences last came into force before the current production licence came into force; and
 (b) if the production licence, or any production licence, in relation to the project is a production licence (in this paragraph called the current production licence) derived from a retention lease (in this paragraph called the prior retention lease)—exploration