OFFSHORE MINERALS ACT 1994 - SECT 95 Grant of licence extension--activities disrupted

OFFSHORE MINERALS ACT 1994 - SECT 95

  (1)   Subject to subsection   ( 2), if an exploration licence holder applies for an extension under section   94, the Joint Authority:

  (a)   must grant an extension of the licence if the Joint Authority is satisfied that:

  (i)   the holder is unable to carry out the activities authorised by the licence; and

  (ii)   the holder is unable to do so because of circumstances beyond the holder's control; and

  (iii)   the period during which the holder is unable to do so:

  (A)   occurs while the licence is in force; and

  (B)   does not occur during any excluded time; and

  (b)   must refuse the application for extension if the Joint Authority is not satisfied of the matters referred to in paragraph   ( a).

  (2)   The period for which the extension is granted must not be longer than the disruption period for the licence less any excluded time for the licence.

  (3)   The extension may be granted subject to whatever conditions the Joint Authority thinks appropriate.

  (4)   In this section:

"disruption period" for a licence means the period during which the licence holder is unable to carry out activities authorised by the licence because of circumstances beyond the holder's control.

"excluded time" for a licence means any period during which the licence was in force because of section   90, 91, 92 or 93.

Note:   Under section   90, the Designated Authority can extend the term of a licence if there has been a suspension of rights under section   48. Under section   91, the term of a licence is automatically extended if there is an application for the renewal of a licence undecided when the licence is due to expire. Under section   92, the term of a licence is automatically extended if the holder applies for a retention or mining licence over the licence area. Under section   93, the term of a licence is automatically extended if there is an application for an extension of the licence undecided when the licence is due to expire.