TY - CHAP
T1 - Characterisation of Australia's petroleum licences
T2 - property capable of acquisition on 'just terms'?
AU - Soliman Hunter, Tina
PY - 2020
Y1 - 2020
N2 - Following the High Court decision in Commonwealth v WMC Resources Commonwealth and Newcrest Mining (WA) v Commonwealth, the legal character of petroleum licences has been established for onshore licenses but not settled for offshore petroleum titles. This chapter provides a detailed analysis of the The legal character of Australia’s petroleum licencses, particularly those granted offshore, given the unique nature of the regulatory framework and the decision in Commonwealth V WMC Resousrces. It includes a detailed anlaysis of Cth v WMC resources, determining that once petroleum is found and a retention lease or production lease is capable of being granted, the legal character is that of property that is capable of being acquired by the Commonwealth.
AB - Following the High Court decision in Commonwealth v WMC Resources Commonwealth and Newcrest Mining (WA) v Commonwealth, the legal character of petroleum licences has been established for onshore licenses but not settled for offshore petroleum titles. This chapter provides a detailed analysis of the The legal character of Australia’s petroleum licencses, particularly those granted offshore, given the unique nature of the regulatory framework and the decision in Commonwealth V WMC Resousrces. It includes a detailed anlaysis of Cth v WMC resources, determining that once petroleum is found and a retention lease or production lease is capable of being granted, the legal character is that of property that is capable of being acquired by the Commonwealth.
UR - http://www.scopus.com/inward/record.url?scp=85137523677&partnerID=8YFLogxK
U2 - 10.4337/9781788976206.00007
DO - 10.4337/9781788976206.00007
M3 - Chapter
AN - SCOPUS:85137523677
SN - 9781788976190
T3 - New Horizons in Environmental and Energy Law series
SP - 16
EP - 50
BT - The character of petroleum licences
A2 - Soliman Hunter, Tina
A2 - Sunde, Jørn Ørehagen
A2 - Nordtveit, Ernst
PB - Edward Elgar Publishing
CY - Cheltenham, UK; Northampton, USA
ER -