PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 104

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 104

104—Cancellation of permits etc

        (1)         Where a permittee, lessee, licensee or pipeline licensee—

            (a)         has not complied with a condition to which the permit, lease, licence or pipeline licence is subject; or

            (b)         has not complied with a direction given to him under this Part by the Minister; or

            (c)         has not complied with a provision of this Part or of the regulations; or

            (d)         has not paid any amount payable by him under this Act, within a period of three months after the day on which the amount became payable,

the Minister may, on that ground, by instrument in writing served on the permittee, lessee, licensee or pipeline licensee, as the case may be—

            (e)         in the case of a permit or licence—cancel the permit or licence as to all or some of the blocks in respect of which it is in force; or

            (ea)         in the case of a lease—cancel the lease as to all of the blocks in respect of which it is in force; or

            (f)         in the case of a pipeline licence—cancel the pipeline licence as to the whole or a part of the pipeline in respect of which it is in force.

        (2)         The Minister shall not, under subsection (1), cancel a permit, licence or pipeline licence as to all or some of the blocks, or as to the whole or a part of the pipeline, in respect of which it is in force, or cancel a lease as to all of the blocks in respect of which it is in force, on a ground referred to in that subsection unless—

            (a)         he has, by instrument in writing served on the permittee, lessee, licensee or pipeline licensee, as the case may be, given not less than one month's notice of his intention so to cancel the permit, lease, licence or pipeline licence on that ground; and

            (b)         he has served a copy of the instrument on such other persons, if any, as he thinks fit; and

            (c)         he has, in the instrument, specified a date on or before which the permittee, lessee, licensee or pipeline licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes the Minister to consider; and

            (d)         he has taken into account—

                  (i)         any action taken by the permittee, lessee, licensee or pipeline licensee, as the case may be, to remove that ground or to prevent the recurrence of similar grounds; and

                  (ii)         any matters so submitted to him on or before the specified date by the permittee, lessee, licensee or pipeline licensee or by a person on whom a copy of the firstmentioned instrument has been served.