Victorian Consolidated Legislation

Petroleum (Submerged Lands) Act 1982 - SECT 32

Grant or refusal of renewal of permit

32. Grant or refusal of renewal of permit



(1) Where an application has been made under section 30 for the renewal of a
permit, the Minister-



   (a)  must, if the conditions to which the permit 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 permit is, or has from time to time
        been, subject or any of the provisions of this Part and 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 permit- by
        instrument in writing served on the person who is then the permittee
        inform the person that the Minister is prepared to grant to the person
        the renewal of the permit.

(2) If any of the conditions to which the permit is, or has from time to time
been, subject or any of the provisions of this Part and of the regulations has
not been complied with, 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 person who is then 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)  the Minister has, by instrument in writing served on the permittee,
        given not less than one month's notice of the Minister's intention to
        refuse to grant the renewal of the permit;

   (b)  the Minister has served a copy of the instrument on such other
        persons, if any, as the Minister thinks fit;



   (c)  the Minister 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 the permittee or
        person wishes the Minister to consider; and

   (d)  the Minister has taken into account any matters so submitted to the
        Minister 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).

(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 the permittee, by instrument in writing served on the Minister,
request the Minister to grant to the permittee the renewal of the permit.

(6) Where a permittee 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 shall grant to the permittee the
renewal of the permit.

(7) Where a permittee 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 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.