This was an application to determine a preliminary question of law. The lessee intended to drill a number of wells and carry out other activities but had not yet commenced operations. In October 2004 the lessee applied to the Tribunal for a determination of compensation payable to the landholder under the Petroleum Act 1923 (the 1923 Act). On 1 January 2005 significant amendments were made to the 1923 Act and the Petroleum and Gas (Production and Safety) Act 2004 (the 2004 Act) came into operation. The question The 2004 Act included an enlargement of compensation payable to landowners as compared with the 1923 Act. As to which legislative scheme was applicable, the 2004 Act (s 922) relevantly provided that if "a right, under the former 1923 Act compensation provisions, to compensation existed immediately before the 2004 Act start day" compensation was to be determined under the 1923 Act. Thus, the question was whether the landholder had an existing right to compensation immediately before the commencement of the 2004 Act.
展开▼
