Commonwealth Numbered Acts

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OFFSHORE MINERALS ACT 1994 No. 28, 1994 - SECT 399

Determination of requirement to lodge security
399.(1) The Joint Authority may determine that a person who has been
provisionally granted a licence must lodge a security with the Designated
Authority. Note 1: The provisional holder will be given notice of the
determination under section 66 or 83 (exploration licence), 147 (retention
licence), 210 or 227 (mining licence) or 279 (works licence). Note 2: If the
provisional holder does not lodge the security within a particular time
provided for in this Act, the provisional grant will lapse (see section 72 or
86 (exploration licence), 153 (retention licence), 216 or 230 (mining licence)
or 285 (works licence)).

(2) If the Joint Authority provisionally renews a licence, the Joint Authority
may determine that the licence holder must lodge a security with the
Designated Authority. Note 1: The licence holder will be given notice of the
determination under section 110 (exploration licence), 169 (retention
licence), 246 (mining licence) or 296 (works licence). Note 2: If the holder
does not lodge the security within a particular time provided for in this Act,
the provisional renewal will lapse (see section 116 (exploration licence), 175
(retention licence), 252 (mining licence) or 302 (works licence)).

(3) A determination under subsection (1) or (2) must specify:

   (a)  the amount of the security required; and

   (b)  the kind of security required; and

   (c)  the manner and form in which the security is to be lodged.

(4) Without limiting subsections (1) and (2), a determination may require the
lodgment of a security in the form of a guarantee and if a guarantee is
required the determination may specify:

   (a)  the kind of person who is to give the guarantee; and

   (b)  the terms of the guarantee.

(5) The determination is to be in writing.

(6) If the person is provisionally granted a licence over a tender block, the
amount determined as a security under subsection (1) is to be the amount of
security referred to in the tender block licence notice. 


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