OFFSHORE MINERALS ACT 1994 - SECT 337 Variations etc. to licences

OFFSHORE MINERALS ACT 1994 - SECT 337

  (1)   The Designated Authority must register:

  (a)   the details of any document under this Act that varies, surrenders, cancels or otherwise affects a licence; and

  (b)   the details of any document that varies or revokes a document referred to in paragraph   ( a).

Note:   The documents referred to in paragraph   ( a) are:

• suspension of licence rights (see sections   48 (exploration licence), 135 (retention licence) and 195 (mining licence));

• amendment of licence conditions between provisional grant and registration (see sections   67 (exploration licence), 148 (retention licence), 211 (mining licence) and 280 (works licence))--these need to be registered at the same time as the grant is registered because if the conditions are amended between provisional grant and registration a replacement licence reflecting the change in conditions is not issued to the provisional holder;

• extension of term (see sections   90, 95 and 97 (exploration licence));

• surrender of the whole or a part of a licence (see sections   99, 100 and 127 (exploration licence), 158 and 187 (retention licence), 235 and 264 (mining licence) and 312 (works licence));

• voluntary surrender--special approval (see section   100 (exploration licence));

• mandatory reduction of licence area--special permission (see section   104 (exploration licence));

• amendment of licence conditions between provisional renewal and registration (see sections   111 (exploration licence), 170 (retention licence), 247 (mining licence) and 297 (works licence))--these need to be registered at the same time as the renewal because if the licence conditions are amended between provisional renewal and registration a replacement licence reflecting the changed conditions is not issued to the holder;

• variation of conditions (see sections   120 (exploration licence), 179 (retention licence), 256 (mining licence) and 306 (works licence));

• exemption from or suspension of condition (see sections   121 (exploration licence), 180 (retention licence) and 257 (mining licence) and 307 (works licence));

• cancellation (see sections   130 (exploration licence), 189 and 190 (retention licence), 265 (mining licence) and 313 (works licence));

• directions (see sections   387 and 392);

• security requirements (see section   399);

• approvals of transfers (see section   365).

  (2)   Paragraph   ( 1)(a) applies to a document that suspends the rights of a holder of a licence.

  (3)   Details of a document may be registered by registering a summary of the contents of the document.

  (4)   The Designated Authority must retain the instrument referred to in subsection   ( 1), or a copy of the instrument.

  (5)   A document referred to in subsection   ( 1):

  (a)   has no effect until it is registered; and

  (b)   is taken to be registered as soon as an entry complying with subsection   ( 1) is made in the register.