Victorian Consolidated Legislation

Petroleum (Submerged Lands) Act 1982 - SECT 38G

Grant or refusal of renewal of lease

38G. Grant or refusal of renewal of lease





(1) Where-





   (a)  an application for the renewal of a lease has been made under section
        38F; and



   (b)  any further information required by the Minister under section 38F(4)
        has been furnished in accordance with that section; and

   (c)  the Minister is satisfied that recovery of petroleum from the lease
        area-

   (i)  is not, at the time of the application, commercially viable; and

   (ii) is likely to become commercially viable within the period of 15 years
        after that time- the Minister-

   (d)  must, if the conditions to which the lease is, or has from time to
        time been, subject and the provisions of this Part and of the
        regulations have been complied with; or

   (e)  may, if-

   (i)  any of the conditions to which the lease 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 lease- by
        instrument in writing served on the person who is then the lessee,
        inform the person that the Minister is prepared to grant to the person
        the renewal of the lease.

(2) Subject to subsection (3), where an application for the renewal of a lease
has been made under section 38F and-

   (a)  any further information required by the Minister under section 38F(4)
        has not been furnished in accordance with that section; or

   (b)  the Minister is not satisfied as to the matters referred to in
        subsection (1)(c); or

   (c)  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 the Minister is not
        satisfied that special circumstances exist that justify the granting
        of the renewal of the lease-

the Minister must, by instrument in writing served on the person who is then
the lessee, refuse to grant the renewal of the lease.

(3) The Minister shall not refuse to grant the renewal of the lease unless the
Minister-

   (a)  has, by instrument in writing served on the lessee, given not less
        than one month's notice of the intention to refuse to grant the
        renewal of the lease;

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

   (c)  has, in the instrument-

   (i)  given particulars of the reasons for the intention; and

   (ii) specified a date on or before which the lessee 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 lessee wishes to be
        considered; and

   (d)  has taken into account any matters so submitted on or before the
        specified date by the lessee 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 lease, on the grant of the
        renewal, is to be subject; and

   (b)  a statement to the effect that the application will lapse if the
        lessee does not make a request under subsection (6).

(5) An instrument under subsection (2) shall, where the Minister refuses to
grant the renewal of a lease by reason only that the Minister is not satisfied
as to the matter referred to in subsection (1)(c)(i), contain a statement to
the effect that the lessee may, within the period of 12 months after the date
of service of the instrument, make an application for a licence in respect of
one or more of the blocks comprised in the lease.

(6) A lessee 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 lessee, by instrument in writing served on the Minister, request the
Minister to grant the renewal of the lease to the lessee.

(7) Where a lessee on whom there has been served an instrument under
subsection (1) has made a request under subsection (6) within the period
referred to in subsection (6), the Minister shall grant to the lessee the
renewal of the lease.

(8) Where a lessee on whom there has been served an instrument under
subsection (1) has not made a request under subsection (6) within the period
referred to in subsection (6), the application lapses upon the expiration of
that period.





(9) Where-

   (a)  an application for the renewal of a lease has been made; and

   (b)  the lease expires-

   (i)  before the Minister grants, or refuses to grant, the renewal of the
        lease; or

   (ii) before the application lapses as provided by subsection (8)- the lease
        shall be deemed to continue in force in all respects-

   (c)  until the Minister grants, or refuses to grant, the renewal of the
        lease; or

   (d)  until the application so lapses-

whichever first happens.

(10) Where the Minister refuses to grant the renewal of a lease by reason only
that the Minister is not satisfied as to the matter referred to in subsection
(1)(c)(i), the lease shall be deemed to continue in force in all respects-

   (a)  in a case to which paragraph (b) does not apply-until 12 months after
        the date of service of the instrument under subsection (2); or

   (b)  in a case where the lessee makes an application for a licence in
        respect of one or more of the blocks comprised in the lease within the
        period of 12 months after the date referred to in paragraph (a)-until
        the Minister grants, or refuses to grant, the licence or until the
        application lapses, whichever first happens.