Victorian Consolidated Legislation

Petroleum (Submerged Lands) Act 1982 - SECT 59K

Variation of infrastructure licence

59K. Variation of infrastructure licence



(1) An infrastructure licensee may, at any time, make an application to the
Minister for the variation of the infrastructure licence.

(2) An application under this section-

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

   (b)  is to be accompanied by particulars of the proposed variation; and

   (c)  is to set out the reasons for the proposed variation; 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) If the infrastructure licence was granted in respect of a place in a block
that-

   (a)  is the subject of a permit, lease, licence, infrastructure licence,
        special prospecting authority or access authority; or

   (b)  is, or is proposed to be, transected by a pipeline in accordance with
        the provisions of a pipeline licence-

of which the registered holder is a person other than the applicant, the
Minister must not vary the infrastructure licence pursuant to the application
unless the Minister-

   (c)  has, by written notice served on the registered holder, given not less
        than one month's notice that the Minister is considering the
        application; and

   (d)  has served a copy of the notice on such other persons (if any) as the
        Minister thinks fit; and

   (e)  has, in the notice-

   (i)  given particulars of the proposed variation; and

   (ii) specified a date on or before which a person on whom the notice, or a
        copy of the notice, is served may, by writing served on the Minister,
        submit any matters that the person wishes the Minister to consider.

(5) Subsection (4) does not apply-

   (a)  in respect of the registered holder of a permit, lease, licence,
        infrastructure licence or pipeline licence if the registered holder
        has consented in writing to the variation of the infrastructure
        licence; or

   (b)  in respect of the registered holder of a special prospecting authority
        or an access authority if-

   (i)  the registered holder has consented in writing to the variation of the
        infrastructure licence; or

   (ii) the special prospecting authority or access authority will expire
        before any construction or operation of facilities under the
        infrastructure licence as proposed to be varied would occur.

(6) After considering any matters submitted to the Minister under subsection
(4) on or before the date specified in the notice served under that subsection
by a person to whom the notice, or a copy of the notice, has been served, the
Minister may-

   (a)  by written notice served on the applicant, vary the infrastructure
        licence to such extent as the Minister thinks necessary; or

   (b)  refuse to vary the infrastructure licence.

Division 4-Pipeline licences