Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to this section, where within the qualifying period in relation to an eligible production licence, the Resources Minister, whether on application, request or otherwise, having regard to:
(a) the respective operations, facilities and other things that comprise, have comprised or will comprise the petroleum project in relation to the eligible production licence and any other petroleum project or projects existing at the time at which the eligible production licence came into force; and
(b) the persons by whom or on whose behalf the operations, facilities and other things referred to in paragraph (a) are being, have been or are proposed to be carried on or provided; and
(c) the geological, geophysical and geochemical and other features of the production licence areas in relation to the projects;
considers that the projects are sufficiently related to be treated for the purposes of this Act as a single petroleum project, the Minister must issue a certificate under this subsection specifying the eligible production licence or eligible production licences in relation to each of the projects.
(2) For the purposes of subsection (1), the qualifying period in relation to an eligible production licence is:
(a) the period of 90 days after the licence comes into force or the commencement of this Act, whichever is the later; or
(b) where, within the period referred to in paragraph (a), the Resources Minister receives any information, application or request relevant to the exercise of the powers of the Minister under subsection (1) in relation to the eligible production licence, such longer period (if any) as is necessary to enable the Minister adequately to consider that information, application or request.
(3) For the purposes of paragraph (1)(a):
(a) a reference to operations, facilities and other things that have comprised a petroleum project includes, in the case of a combined project, a reference to operations, facilities and other things that have comprised the pre‑combination projects in relation to the project; and
(b) a reference to operations, facilities and other things that will comprise a petroleum project is a reference to operations, facilities and other things that are proposed, by the registered holders of, and the holders of registered interests in, the production licence or licences in relation to the project, to comprise the project.
(4) The Minister shall not accept or comply with any application or request (other than from an officer in the performance of his or her duties) for the issue of a certificate under subsection (1) in respect of petroleum projects unless the application or request is from a person who is, or from persons who together are, entitled to receive at least half of the receipts from the sale of marketable petroleum commodities produced in relation to each of the projects.
(5) A certificate under subsection (1) shall not be repealed, rescinded, revoked, amended or varied otherwise than:
(a) under subsection (8);
(b) pursuant to a decision of the Tribunal or an order of a court; or
(c) to correct an error in the certificate.
(6) A certificate under subsection (1) shall come into force on the issue of the certificate and continue in force until the issue of a subsequent certificate under that subsection specifying eligible production licences that include such of the eligible production licences specified in the first‑mentioned certificate as are in force at the time when the subsequent certificate is issued.
(7) Where, in deciding whether or not to issue a certificate under subsection (1) specifying 2 or more eligible production licences, the Resources Minister has reasonable grounds to believe that an operation, facility or other thing is being, has been or is proposed to be carried on or provided, or is being, has been or is proposed to be carried on or provided in a particular manner or by particular persons, for the sole or dominant purpose of obtaining the issue of the certificate, the Minister must disregard the carrying on or provision of the operation, facility or thing.
(8) Where, after the issue of a certificate under subsection (1), it appears to the Resources Minister that, having regard to information that was not available to the Minister at the time of issue of the certificate, the certificate would not, by reason of the application of subsection (7), have been issued if the Minister had been aware of the information at the time of issue of the certificate, the Minister must cancel the certificate and upon the cancellation the certificate shall be deemed never to have been issued.
(9) The Minister must:
(a) within 30 days after the issue of a certificate under subsection (1) or the cancellation under subsection (8) of such a certificate, arrange for notice in writing of the issue or cancellation:
(i) to be sent to the holder or holders of the production licences concerned and to the Commissioner; and
(ii) to be published in the Gazette ; and
(b) within 30 days after making a decision to refuse an application or request for the issue of a certificate under subsection (1), arrange for notice in writing of the decision to be sent to the person or persons making the application or request.
(10) A notice under subsection (9) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Tribunal for review of the decision to issue or cancel the certificate, or to refuse the application or request, as the case may be, by or on behalf of the person or persons whose interests are affected by the decision.
(11) Any failure to comply with the requirement of subsection (10) in relation to a decision does not affect the validity of the decision.
(12) Application may be made to the Tribunal for a review of:
(a) a decision of the Resources Minister to issue a certificate under subsection (1); or
(b) a decision of the Minister refusing an application or request to issue such a certificate; or
(c) a decision of the Minister under subsection (8) to cancel such a certificate.
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