Article
1
Definitions
For the purposes of this Agreement:
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a)
the term “Competent Authority” refers to the Governmental authority of each Party responsible for supervising the fulfilment of the oil stockholding obligation:
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(i)
in Australia this means, the agency responsible for implementing the Agreement, being the Australian Government Department of the Environment and Energy or its successor; and
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(ii)
in the Netherlands this means, the Minister of Economic Affairs and Climate Policy, or his or her successor;
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(i)
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b)
the term “entity” means any legal person or any other body duly constituted or otherwise organised or otherwise regulated by the law of one Party, which holds oil stocks for the purpose of facilitating Australia’s compliance with its oil stockholding obligations;
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c)
the term “impediment” means any legislative, physical or other measures with the effect of restricting or preventing the removal of oil stocks held in the Netherlands pursuant to oil stocks contracts notified to the Netherlands in accordance with this Agreement;
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d)
the term “notification” means communication by hand delivery, facsimile, and electronic mail. A notification shall be deemed to have been received:
-
(i)
in the case of hand delivery, at the time of actual delivery; or
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(ii)
in the case of delivery of facsimile, from the time of transmission specified in a transmission report from the sending machine which indicates that the facsimile was sent in its entirety to the recipient; or
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(iii)
in the case of delivery by email, from the time the email was sent, provided that the sender has not received any notification of delivery failure or delay in respect of that email.
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(i)
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e)
the term “oil stock” means any stock of crude oil, major products and unfinished oils covered by Article 1 of the Annex to the IEP Agreement;
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f)
the term “oil stocks contract” means a commercial contract between the Government of Australia or an Australian entity authorised to act on behalf of the Australian Government, and an entity in the territory of the Netherlands, for holding oil stocks (reserved stocks) for the purpose of complying with Australia’s oil stockholding obligation pursuant to the IEP Agreement;
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g)
the term “territory” means in respect of the Kingdom of the Netherlands the European part of the Netherlands, including its territorial sea and any area beyond and adjacent to its territorial sea within which the Kingdom of the Netherlands, in accordance with international law, exercises jurisdiction or sovereign rights and in respect of Australia:
-
(i)
the territory of Australia, excluding all external territories other than the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, the Territory of Ashmore and Cartier Islands, the Territory of Heard Island and McDonald Islands, and the Coral Sea Islands Territory; and
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(ii)
Australia’s territorial sea, contiguous zone, exclusive economic zone and continental shelf over which Australia exercises sovereignty, sovereign rights or jurisdiction, as the case may be, in accordance with international law including the United Nations Convention on the Law of the Sea, done at Montego Bay, December 10, 1982.
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(i)