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PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 54 Grant or refusal of renewal of licence

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 54

Grant or refusal of renewal of licence

(1)  Where a licensee who has complied with the conditions to which the licence is subject and with the provisions of this Part and of the regulations makes an application under section 53 for the renewal of the licence, the Minister –
(a) shall, if the application is in respect of the first renewal of the licence; or
(b) may, if the application is in respect of a renewal other than the first renewal of the licence –
inform the licensee, by instrument in writing served on the licensee, that he is prepared to grant to him the renewal of the licence.
(2)  Where a licensee who has not complied with the conditions to which the licence is subject and with the provisions of this Part and of the regulations makes an application under section 53 for the renewal of the licence, the Minister, if he is satisfied that, although the licensee has not so complied, special circumstances exist that justify the granting of the renewal of the licence, may inform the licensee, by instrument in writing served on the licensee, that he is prepared to grant to him the renewal of the licence.
(3)  If a licensee has not complied with the conditions to which the licence 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 licence, the Minister shall, subject to subsection (4) , by instrument in writing served on the licensee, refuse to grant the renewal of the licence.
(4)  The Minister shall not, under subsection (3) , refuse to grant the renewal of a licence 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 renewal of the 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 first-mentioned instrument has been served.
(5)  Where a licensee makes an application under section 53 in respect of a renewal other than the first renewal of the licence, the Minister may, by instrument in writing served on the licensee, refuse to grant the renewal of the licence.
(6)  The Minister may, by an instrument served on a licensee under subsection (1) or (2) , inform the licensee that he will be required to lodge a security for compliance with the conditions to which the licence, if the renewal is granted, will from time to time be subject and with the provisions of this Part and of the regulations.
(7)  An instrument under subsection (1) or (2) , shall contain –
(a) a summary of the conditions to which the licence, on the grant of the renewal, is to be subject; and
(b) a statement to the effect that the application will lapse –
(i) if the licensee does not make a request under subsection (8) ; or
(ii) in a case where the Minister informs the licensee that he will be required to lodge a security as mentioned in subsection (6) – if the licensee does not lodge that security with the Minister.
(8)  A licensee on whom there has been served an instrument under subsection (1) or (2) 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 licence; and
(b) if the Minister has informed him that he will be required to lodge a security as mentioned in subsection (6) , lodge that security with the Minister.
(9)  Where a licensee on whom there has been served an instrument under subsection (1) or (2) –
(a) has made a request under subsection (8) ; and
(b) if the Minister has informed him that he will be required to lodge a security as mentioned in subsection (6) , has lodged that security with the Minister –
within the period referred to in subsection (8) , the Minister shall grant to him the renewal of the licence.
(10)  Where a licensee on whom there has been served an instrument under subsection (1) or (2) –
(a) has not made a request under subsection (8) ; or
(b) if the Minister has informed him that he will be required to lodge a security as mentioned in subsection (6) , has not lodged that security with the Minister –
within the period referred to in subsection (8) , the application lapses upon the expiration of that period.
(11)  Where –
(a) an application for the renewal of a licence is made under section 53 ; and
(b) the licence expires –
(i) before the Minister grants, or refuses to grant, the renewal of the licence; or
(ii) before the application lapses as provided by subsection (10) –
the licence shall be deemed to continue in force in all respects –
(c) until the Minister grants, or refuses to grant, the renewal of the licence; or
(d) until the application so lapses –
whichever first occurs.