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PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 110

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 110

110—Special prospecting authorities

        (1)         A person may make an application to the Minister for the grant of a special prospecting authority in respect of a block or blocks in respect of which a permit, lease or licence is not in force.

        (2)         An application under this section—

            (a)         shall be in accordance with an approved form; and

            (b)         shall be made in an approved manner; and

            (c)         shall specify the operations that the applicant proposes to carry on and the block or blocks in respect of which the applicant proposes to carry on those operations; and

            (d)         must be accompanied by the prescribed fee.

        (3)         The Minister—

            (a)         may grant to the applicant a special prospecting authority subject to such conditions as the Minister thinks fit and specifies in the authority; or

            (b)         may refuse to grant the application.

        (4)         A special prospecting authority, while it remains in force, authorises the holder, subject to this Act and in accordance with the conditions to which the special prospecting authority is subject, to carry on in the blocks specified in the special prospecting authority the petroleum exploration operations so specified.

        (5)         Nothing in a special prospecting authority authorises the holder to make a well.

        (6)         A special prospecting authority comes into force on the day specified for the purpose in the authority and, unless surrendered or cancelled, remains in force for such period, not exceeding six months, as is so specified.

        (6a)         A special prospecting authority is not capable of being transferred.

        (6b)         Where—

            (a)         a person holds a special prospecting authority in respect of a block; and

            (b)         another special prospecting authority is granted to another person in respect of the block,

the Minister shall, by notice in writing served on each of those persons, inform each of them of—

            (c)         the petroleum exploration operations authorised by the special prospecting authority granted to the other person; and

            (d)         the conditions to which the special prospecting authority granted to the other person is subject.

        (7)         A special prospecting authority

            (a)         may be surrendered by the holder at any time by instrument in writing served on the Minister; and

            (b)         may, if the holder has not complied with a condition to which the authority is subject, be cancelled by the Minister by instrument in writing served on the holder.

        (8)         Where a special prospecting authority has been surrendered or cancelled, or has expired, the Minister may, by instrument in writing served on the person who was the holder of the special prospecting authority, direct that person to do any one or more of the following things:

            (a)         to remove or cause to be removed from the relinquished area all property brought into that area by any person engaged or concerned in the operations authorised by the special prospecting authority or to make arrangements that are satisfactory to the Minister with respect to that property; and

            (b)         subject to this Part and to the regulations, to make provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in that area; and

            (c)         to make good, to the satisfaction of the Minister, any damage to the sea-bed or subsoil in that area caused by any person engaged or concerned in those operations.

        (9)         A person to whom a direction is given under subsection (8) shall comply with the direction.

Maximum penalty: $10 000.

        (10)         Section 107 applies to and in relation to a special prospecting authority as if—

            (a)         a reference in that section to a permit were a reference to a special prospecting authority; and

            (b)         a reference in that section to a direction or an arrangement under section 106 were a reference to a direction or an arrangement under subsection (8).