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PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 105 Cancellation of permits, &c.

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 105

Cancellation of permits, &c.

(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 3 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 1 month's notice of his intention 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 first-mentioned instrument has been served.