An Act to amend the Petroleum (Onshore) Act 1991 to provide for certain pending applications for petroleum titles to be expunged.
1 Name of Act
This Act is the Petroleum (Onshore) Amendment (NSW Gas Plan) Act 2014.
This Act commences on the date of assent to this Act.
Schedule 1 Amendment of Petroleum (Onshore) Act 1991 No 84
Insert after Schedule 1:Schedule 2 Expunged petroleum title applications1 ApplicationThis Schedule has effect despite any other provision of this Act.2 DefinitionsIn this Schedule:expunged application means an application for a petroleum title that is expunged by operation of this Schedule.introduction date means the date of introduction into Parliament of the Bill for the Petroleum (Onshore) Amendment (NSW Gas Plan) Act 2014.3 Applications for petroleum titles expunged(1) Each application for a petroleum title under this Act that is specified in the Table to this clause is expunged by operation of this clause with effect on and from the introduction date.(2) An expunged application is void and of no effect and is not to be dealt with any further under this Act.Table
Column 1 Column 2 Column 3 Application Identifier Application Number Application Date PELA 130 16 December 2009 PELA 135 31 March 2011 PELA 137 12 March 2012 PELA 144 28 November 2012 PELA 146 22 February 2013 PELA 147 22 February 2013 PELA 148 27 February 2013 PELA 150 11 November 2013 PELA 151 11 November 2013 PELA 152 11 November 2013 PSPAPP 48 15 December 2009 PSPAPP 54 21 November 2011 PSPAPP 56 22 February 2012 PSPAPP 57 22 February 2012 PSPAPP 62 21 June 2013 PSPAPP 63 6 December 20134 Refund of application fees for expunged applicationsAny lodgment fee payable under section 12 in respect of an expunged application ceases to be payable and if already paid is to be refunded to the person by whom it was paid.5 Compensation not payable(1) Compensation is not payable by or on behalf of the State:(a) because of the enactment or operation of this Schedule, the Petroleum (Onshore) Amendment (NSW Gas Plan) Act 2014 or any Act that amends this Schedule, or(b) because of any direct or indirect consequence of any such enactment or operation (including any conduct under the authority of any such enactment), or(c) because of any conduct relating to any such enactment or operation.(2) This clause extends to conduct and any other matter occurring before the commencement of this clause.(3) In this clause:compensation includes damages or any other form of compensation.conduct includes any statement, or any act or omission:(a) whether unconscionable, negligent, false, misleading, deceptive or otherwise, and(b) whether constituting an offence, tort, breach of contract, breach of statute or otherwise.statement includes a representation of any kind, whether made orally or in writing.the State means the Crown within the meaning of the Crown Proceedings Act 1988 or an officer, employee or agent of the Crown.6 Applicants of expunged applications to be given first opportunity to make new applications(1) The Minister must not take fresh title action in respect of any area for which an expunged application was made (a relevant area) unless:(a) the Minister has first invited the applicant for the expunged application to make a new application for the petroleum title concerned, and(b) the applicant has:(i) informed the Minister that the applicant does not wish to make a new application, or(ii) not made a new application within 28 days of being invited to do so, or(iii) had the applicant’s new application refused.(2) Fresh title action is:(a) inviting applications under section 8 for petroleum titles in respect of a relevant area, or(b) granting a petroleum title in respect of a relevant area.