Document ID: chunk:federal_register_of_legislation:C2015A00033:clause:1_267a:p1
Version: federal_register_of_legislation:C2015A00033
Segment Type: clause
Provision Reference: sch 1 cl 267A (pt 1/4)
Character Range: 58470–61125

267A  Variation of Commonwealth title—including an area as the result of a change to the boundary of the coastal waters of a State or Territory

Scope
 (1) This section applies if:
 (a) a State/Territory title has been granted by a State or the Northern Territory on the basis that an area (the relevant area) is within the coastal waters of the State or Territory; and
 (b) as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:
 (i) ceases to be within the coastal waters of the State or Territory; and
 (ii) falls within the offshore area of the State or Territory; and
 (c) either:
 (i) the conditions set out in subsection (2) are satisfied; or
 (ii) the conditions set out in subsection (3) are satisfied; and
 (d) immediately before the relevant time mentioned in whichever of subsection (2) or (3) is applicable:
 (i) the State/Territory title was held by the registered holder of a Commonwealth title that corresponds to the State/Territory title; and
 (ii) at least one section 33 block covered by the Commonwealth title immediately adjoined at least one other section 33 block that was covered by the State/Territory title and that is in the relevant area; and
 (e) before the relevant time mentioned in whichever of subsection (2) or (3) is applicable:
 (i) the holder of the State/Territory title; and
 (ii) the registered holder of the Commonwealth title;
  gave the Joint Authority a written notice electing to accept the variation under this section of the Commonwealth title.
Note: For when a Commonwealth title corresponds to a State/Territory title, see subsection (12).
 (2) The conditions mentioned in subparagraph (1)(c)(i) are:
 (a) one or more, but not all, of the section 33 blocks that were covered by the State/Territory title immediately before the change are in the relevant area; and
 (b) the title subsequently ceases to be in force at the same time (the relevant time):
 (i) as to all of the section 33 blocks that were covered by the title immediately before the change and that are in the coastal waters of the State or Territory; and
 (ii) otherwise than as the result of the cancellation or surrender of the title.
 (3) The conditions mentioned in subparagraph (1)(c)(ii) are:
 (a) all of the section 33 blocks that were covered by the State/Territory title immediately before the change are in the relevant area; and
 (b) the title subsequently ceases to be in force at the same time (the relevant time):
 (i) as to all of the section 33 blocks that were covered by the title immediately before the change; and
 (ii) otherwise than as the result of the cancellation