Victorian Consolidated Legislation

Petroleum (Submerged Lands) Act 1982 - SECT 38BB

Application by licensee for lease

38BB. Application by licensee for lease



(1) If-

   (a)  a licence is in force under section 53(1)(c) or 53(2) in respect of a
        block or blocks; and

   (b)  no operations for the recovery of petroleum are being carried on under
        the licence in respect of an area (the unused area)-

   (i)  that consists of, or consists of part of, the block or blocks; and

   (ii) in which petroleum has been found to exist- the licensee may, within
        the application period, apply to the Minister for the grant of a lease
        in respect of the unused area.

(2) An application under subsection (1)-

   (a)  is to be made in an approved manner; and

   (b)  is to be accompanied by particulars of-

   (i)  the proposals of the applicant for work and expenditure in respect of
        the unused area; and

   (ii) the commercial viability of the recovery of petroleum from the unused
        area at the time of the application, and particulars of the possible
        future commercial viability of the recovery of petroleum from that
        area; and

   (c)  may set out any other matters that the applicant wishes to be
        considered; and

   (d)  is to be accompanied by the prescribed fee.

(3) The Minister may, at any time, by written notice served on the applicant,
require the applicant to give, within the period stated in the notice, further
written information in connection with the application.

(4) The application period in respect of an application under this section by
a licensee is the period of 5 years that began on-

   (a)  the day on which the licence was granted; or

   (b)  if any operations for the recovery of petroleum have been carried on
        under the licence in respect of the unused area-the last day on which
        any such operations were so carried on.