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PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 31 Grant or refusal of renewal of permit

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 31

Grant or refusal of renewal of permit

(1)  Where a permittee makes an application for the renewal of a permit, the Minister –
(a) shall, if the permittee has complied with the conditions to which the permit is subject and with the provisions of this Part and of the regulations; or
(b) may, if the permittee has not so complied and the Minister is satisfied that, although the permittee has not so complied, special circumstances exist that justify the granting of the renewal of the permit –
inform the permittee, by instrument in writing served on the permittee –
(c) that he is prepared to grant to him the renewal of the permit; and
(d) that he will be required to lodge a security for compliance with the conditions to which the permit, if the renewal is granted, will from time to time be subject and with the provisions of this Part and of the regulations.
(2)  If the permittee has not complied with the conditions to which the permit is subject and with the provisions of this Part and of the regulations, and if the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the permit, the Minister shall, subject to subsection (3) , by instrument in writing served on the permittee, refuse to grant the renewal of the permit.
(3)  The Minister shall not refuse to grant the renewal of the permit unless –
(a) he has, by instrument in writing served on the permittee, given not less than one month's notice of his intention to refuse to grant the renewal of the permit; 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 permittee 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 permittee or by a person on whom a copy of the first-mentioned instrument has been served.
(4)  An instrument referred to in subsection (1) shall contain –
(a) a summary of the conditions to which the permit, on the grant of the renewal, is to be subject; and
(b) a statement to the effect that the application will lapse if the permittee does not make a request under subsection (5) and lodge with the Minister the security referred to in the instrument.
(5)  A permittee 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 him –
(a) by instrument in writing served on the Minister request the Minister to grant to him the renewal of the permit; and
(b) lodge with the Minister the security referred to in the first-mentioned instrument.
(6)  Where a permittee on whom there has been served an instrument under subsection (1) –
(a) has made a request under subsection (5) ; and
(b) has lodged with the Minister the security referred to in the instrument –
within the period referred to in subsection (5) , the Minister shall grant to him the renewal of the permit.
(7)  Where a permittee on whom there has been served an instrument under subsection (1) –
(a) has not made a request under subsection (5) ; or
(b) has not lodged with the Minister the security referred to in the instrument –
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 permit has been made; and
(b) the permit expires –
(i) before the Minister grants, or refuses to grant, the renewal of the permit; or
(ii) before the application lapses as provided by subsection (7) –
the permit shall be deemed to continue in force in all respects –
(c) until the Minister grants, or refuses to grant, the renewal of the permit; or
(d) until the application so lapses –
whichever first happens.