Victorian Consolidated Legislation

Petroleum (Submerged Lands) Act 1982 - SECT 49

Request by applicant for grant of licence

49. Request by applicant for grant of licence



(1) Where, at the expiration of the period specified in an instrument under
section 47(1), only one application has been made under that subsection in
respect of the block specified in the instrument, the Minister may reject the
application or may, by instrument in writing served on the applicant, inform
the applicant that the Minister is prepared to grant the applicant a licence
in respect of that block.

(2) Where, at the expiration of the period specified in an instrument under
section 47(1), two or more applications have been made under that subsection
in respect of the block specified in the instrument, the Minister may reject
any or all of the applications and, if the Minister does not reject all of the
applications, may-

   (a)  if only one application remains unrejected-by instrument in writing
        served on the applicant; or

   (b)  if two or more applications remain unrejected-by instrument in writing
        served on the applicant, or on one of the applicants, whose
        application has not been rejected and who has specified in the
        application an amount, or a rate of royalty, that the applicant would
        be prepared to pay that is not less than the amount, or the rate of
        royalty, specified in the application of any other applicant whose
        application has not been rejected-

inform the applicant-

   (c)  that the Minister is prepared to grant to the applicant a licence in
        respect of that block; and

   (d)  that the applicant will be required to pay-

   (i)  the amount specified in the application;

   (ii) royalty at the rate specified in the application; or

   (iii) royalty at the rate specified in the application and the amount
        specified in the instrument under section 47(1)- as the case may be.

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(5) An instrument under any of the preceding provisions of this section shall
contain-

   (a)  a summary of the conditions subject to which the licence is to be
        granted;

   (b)  a statement of the amount or the balance of the amount, if any, that
        the applicant will be required to pay in respect of the grant of the
        licence; and

   (c)  a statement to the effect that the application will lapse-

   (i)  if the applicant does not make a request under subsection (6); or

   (ii) in a case where the instrument contains a statement referred to in
        paragraph (b)-if the applicant does not pay the amount, or the balance
        of the amount, referred to in that statement.

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(6) An applicant on whom there has been served an instrument under any of the
preceding provisions of this section may, within a period of three months
after the date of service of the instrument on the applicant, or within such
further period, not exceeding three months, as the Minister, on application in
writing served on the applicant before the expiration of the first-mentioned
period of three months, allows-

   (a)  by instrument in writing served on the Minister, request the Minister
        to grant to the applicant the licence; and



   (b)  if the first-mentioned instrument contains a statement of an amount or
        the balance of an amount that the applicant will be required to pay in
        respect of the grant of the licence-pay that amount or balance.



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(7) Where an applicant on whom there has been served an instrument under
subsection (1) or (2)-



   (a)  has not made a request under subsection (6); or



   (b)  if the instrument contains a statement of an amount or the balance of
        an amount that the applicant will be required to pay in respect of the
        grant of a licence-has not paid that amount or balance-



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within the period applicable under subsection (6), the application lapses upon
the expiration of that period.

(8) Where the application of an applicant on whom there has been served an
instrument under subsection (2) lapses as provided by subsection (7),
subsection (2) applies in respect of the application or applications, if any,
then remaining unrejected.