Victorian Consolidated Legislation

Petroleum (Submerged Lands) Act 1982 - SECT 40

Application for licence by holder of permit

40. Application for licence by holder of permit



(1) A permittee whose permit is in force in respect of a block that
constitutes, or the blocks that constitute, a location may, within the
application period, make an application to the Minister for the grant of a
licence4-

   (a)  where nine or more blocks constitute the location concerned-in respect
        of five of those blocks;

   (b)  where eight or seven blocks constitute the location concerned-in
        respect of four of those blocks;

   (c)  where six or five blocks constitute the location concerned-in respect
        of three of those blocks;

   (d)  where four or three blocks constitute the location concerned-in
        respect of two of those blocks;

   (e)  where two blocks constitute the location concerned-in respect of one
        of those blocks; or

   (f)  where one block constitutes the location concerned-in respect of that
        block.

(2) A permittee whose permit is in force in respect of blocks that constitute
a location-

   (a)  instead of making an application under subsection (1) in respect of
        the permittee's primary entitlement, may, within the application
        period, make an application to the Minister for the grant of a licence
        in respect of a number of those blocks that is less than the
        permittee's primary entitlement; and

   (b)  being the holder of a licence referred to in paragraph (a), may, from
        time to time within that period, make an application to the Minister
        for the variation of that licence to include in the licence area a
        number of those blocks that does not exceed the number, if any, by
        which the permittee's primary entitlement exceeds the number of blocks
        in respect of which that licence was granted and the number of blocks,
        if any, included in that licence by reason of any previous variations
        of that licence.

(3) Where-

   (a)  a permittee makes an application under subsection (1) in respect of
        the permittee's primary entitlement; or

   (b)  a permittee who is the holder of a licence in respect of a number of
        blocks that is less than the permittee's primary entitlement makes an
        application under subsection (2) for a variation of that licence, and
        the number of blocks in respect of which that licence was granted,
        together with the number of blocks included, and sought to be
        included, in the licence area by reason of applications under that
        subsection, is the permittee's primary entitlement-

the permittee may, within the application period, make an application to the
Minister for the grant of a licence in respect of any of the other blocks
forming part of the location concerned.

(4) Subject to subsection (5), the application period in respect of an
application under this section by a permittee is-

   (a)  the period of two years after the date on which the block that
        constitutes the location concerned was, or the blocks that constitute
        the location concerned were, declared to be a location; or

   (b)  such other period, not less than two years or more than four years
        after that date, as the Minister, on application by the permittee, in
        writing, served on the Minister before the expiration of the period of
        two years referred to in paragraph (a), allows.

(5) Where-

   (a)  a permittee applies for the grant by the Minister of a licence in
        respect of a block or blocks in respect of which the permittee has
        applied for a lease under section 38A; and

   (b)  an instrument refusing to grant the lease is served on the permittee
        pursuant to section 38B(2)-

the application period is whichever of the following periods last expires-

   (c)  the period that is applicable under subsection (4);

   (d)  the period of 12 months after the day of service of the instrument.