PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 84 Deciding application

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 84

84 Deciding application

(1) The Minister may grant or refuse the renewal.

(2) However—

(a) before deciding to grant the renewal, the Minister must decide whether to approve the applicant’s proposed later work program for the renewed authority to prospect; and

(b) the renewal can not be granted unless—

(i) the proposed program has been approved; and

(ii) the applicant satisfies the capability criteria; and

(iii) the Minister is satisfied the applicant—

(A) continues to satisfy any special criteria that applied for deciding the application for the authority to prospect being renewed; and

Note—

See sections 35 (2) (h) (iii) and 43 .

(B) has substantially complied with the authority to prospect being renewed; and

(iv) a relevant environmental authority for the renewed authority to prospect has been issued.

Note—

If the application relates to acquired land, see also section 30AC .

(3) Also, if the applicant has been given a notice under section 96 to apply for a petroleum lease, the application must not be decided until the issue of whether a petroleum lease will be granted is decided.

(4) Subsection (3) does not limit the power under section 97 to take a proposed action as stated in the notice.

(5) Subsection (6) applies if, after considering the proposed later work program mentioned in subsection (2) (a) , the Minister considers a work program of another type mentioned in section 45 (1) is more appropriate for the exploration of the area of the permit, if renewed.

(6) Before deciding the application, the Minister may, by written notice given to the applicant, require the applicant to give the Minister, within the reasonable period stated in the notice, a proposed work program of another type mentioned in section 45 (1) for the further term of the permit, if renewed.

(7) The Minister may, as a condition of deciding to grant the application, require the applicant to do all or any of the following within a stated reasonable period—

(a) pay the annual rent for the first year of the renewed authority;

(b) give, under section 488 , security for the renewed authority.

(8) If the applicant does not comply with the requirement, the application may be refused.