PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 68

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 68

68—Grant or refusal of renewal of pipeline licence

        (1)         Where an application has been made under section 67 for the renewal of a pipeline licence, the Minister—

            (a)         must, if the conditions to which the pipeline 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 pipeline 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 the renewal of the pipeline licence,

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

        (2)         Subject to subsection (3), where an application has been made under section 67 for the renewal of a pipeline licence, the Minister must, if—

            (a)         any of the conditions to which the pipeline 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 the renewal of the pipeline licence,

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

        (3)         The Minister shall not refuse to grant the renewal of the pipeline licence unless—

            (a)         he has, by instrument in writing served on the pipeline licensee, given not less than one month's notice of his intention to refuse to grant the renewal of 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 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 any matters so submitted to him on or before the specified date by the pipeline licensee or by a person on whom a copy of the firstmentioned instrument has been served.

        (4)         An instrument under subsection (1) shall contain—

            (a)         a summary of the conditions to which the pipeline licence, on the grant of the renewal, is to be subject; and

            (b)         a statement to the effect that the application will lapse if the pipeline licensee does not make a request under subsection (5).

        (5)         A pipeline licensee on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on the pipeline licensee, by instrument in writing served on the Minister, request the Minister to grant to the pipeline licensee the renewal of the pipeline licence.

        (6)         Where a pipeline licensee on whom there has been served an instrument under subsection (1) has made a request under subsection (5) within the period referred to in subsection (5), the Minister must grant to the pipeline licensee the renewal of the pipeline licence.

        (7)         Where a pipeline licensee on whom there has been served an instrument under subsection (1) has not made a request under subsection (5) within the period referred to in subsection (5), the application lapses upon the expiration of that period.

        (8)         Where—

            (a)         an application for the renewal of a pipeline licence is made under section 67; and

            (b)         the pipeline licence expires—

                  (i)         before the Minister grants, or refuses to grant, the renewal of the pipeline licence; or

                  (ii)         before the application lapses as provided by subsection (7),

the pipeline licence shall be deemed to continue in force in all respects—

            (c)         until the Minister grants, or refuses to grant, the renewal of the pipeline licence; or

            (d)         until the application so lapses,

whichever first happens.