PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 64

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 64

64—Grant or refusal of pipeline licence

        (1)         Where an application for a pipeline licence in respect of the construction in the adjacent area of a pipeline, other than an application referred to in subsections (1a), (2) or (3), is made in accordance with section 63, and the application has not been rejected under section 63(3), the Minister may, by instrument in writing served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a pipeline licence.

        (1a)         Where an application for a pipeline licence in respect of the construction in the adjacent area of a pipeline is made in accordance with section 63 by a pipeline operator under the Commonwealth Act or a corresponding law, the Minister must, by instrument in writing served on the applicant, inform the pipeline operator that the Minister is prepared to grant to the pipeline operator a pipeline licence.

        (2)         Where an application for a pipeline licence is made in accordance with section 63 in respect of the construction in the adjacent area of a pipeline for the conveyance of petroleum recovered in a licence area in respect of which the applicant is the licensee, the Minister—

            (a)         must, if the conditions to which the licence is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with; or

            (b)         may, if—

                  (i)         any of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with; and

                  (ii)         the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of a pipeline licence,

by instrument in writing served on the person who is then the licensee, inform the person that the Minister is prepared to grant to the person a pipeline licence.

        (3)         Subject to subsection (4), where an application for a pipeline licence is made in accordance with section 63 in respect of the construction in the adjacent area of a pipeline for the conveyance of petroleum recovered in a licence area in respect of which the applicant is the licensee, the Minister must, if—

            (a)         any of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with; and

            (b)         the Minister is not satisfied that special circumstances exist that justify the granting of a pipeline licence,

by instrument in writing served on the person who is then the licensee, refuse to grant a pipeline licence.

        (4)         The Minister shall not, under subsection (3), refuse to grant a pipeline licence to a licensee unless—

            (a)         he has, by instrument in writing served on the licensee, given not less than one month's notice of his intention to refuse to grant the pipeline licence; 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—

                  (i)         given particulars of the reasons for the intention; and

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

        (5)         Where a person other than the licensee or the pipeline operator under the Commonwealth Act or a corresponding law makes an application in accordance with section 63 for a pipeline licence in respect of the construction of a pipeline for the conveyance of petroleum recovered in a licence area or, as the case may be, a licence area of a production licence under the Commonwealth Act or a corresponding law, the Minister may, by instrument in writing served on the applicant, refuse to grant a pipeline licence.

        (7)         An instrument under subsection (1), (1a) or (2)—

            (a)         shall specify the route to be followed by the pipeline; and

            (b)         shall contain a summary of the conditions subject to which the pipeline licence is to be granted; and

            (c)         shall contain a statement to the effect that the application will lapse if the applicant does not make a request under subsection (9).

        (8)         The route to be specified in an instrument under subsection (1), (1a) or (2) shall be—

            (a)         the route shown in the plan accompanying the application; or

            (b)         if the Minister is of the opinion that, for any reason, that route is not appropriate—a route that, in the opinion of the Minister, is appropriate.

        (9)         A person on whom there has been served an instrument under subsection (1), (1a) or (2) may, within a period of three months after the date of service of the instrument on him, or within such further period, not exceeding three months, as the Minister, on application in writing served on him before the expiration of the firstmentioned period of three months, allows, by instrument in writing served on the Minister, request the Minister to grant to the person the pipeline licence.

        (10)         Where a person on whom there has been served an instrument under subsection (1), (1a) or (2) has made a request under subsection (9) within the period applicable under subsection (9), the Minister must grant to that person a licence to construct and operate a pipeline in respect of the pipeline specified in the instrument.

        (11)         Where a person on whom there has been served an instrument under subsection (1), (1a) or (2) has not made a request under subsection (9) within the period applicable under subsection (9), the application lapses upon the expiration of that period.

        (13)         In this section—

"pipeline operator under the Commonwealth Act or a corresponding law means a person who is entitled under the Commonwealth Act or a corresponding law to carry on operations for the recovery of petroleum in an area outside the adjacent area and who the Minister is satisfied is or will be entitled to construct a pipeline from the firstmentioned area to the boundary of the adjacent area.