PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 105
PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 105
105 . Special prospecting authorities
(1) A person may make
an application to the Minister for the grant of a special prospecting
authority in respect of a block or blocks in respect of which a permit, lease
or licence is not in force.
(1a) A person making
an application under subsection (1) may also request authority to apply for
the grant of a permit in accordance with section 31 or a drilling reservation
in accordance with section 43B in respect of that block or those blocks.
(2) An application
under this section —
[(a) deleted]
(b)
shall be made in an approved manner; and
(c)
shall specify the operations that the applicant proposes to carry on and the
block or blocks in respect of which the applicant proposes to carry on those
operations; and
(d)
shall be accompanied by the prescribed fee.
(3) The Minister
—
(a) may
—
(i)
grant to the applicant a special prospecting authority
subject to such conditions as the Minister thinks fit and specifies in the
authority; and
(ii)
if the Minister considers it appropriate to do so and so
specifies in the special prospecting authority, authorise the applicant to
apply for the grant of a permit or drilling reservation as requested under
subsection (1a);
or
(b) may
refuse to grant the application.
(4) A petroleum
special prospecting authority, while it remains in force, authorises the
holder, subject to this Act and in accordance with the conditions to which the
special prospecting authority is subject, to carry on in the blocks specified
in the special prospecting authority the petroleum exploration operations so
specified.
(4a) A geothermal
special prospecting authority, while it remains in force, authorises the
holder, subject to this Act and in accordance with the conditions to which the
special prospecting authority is subject, to carry on in the blocks specified
in the special prospecting authority the geothermal energy resources
exploration operations so specified.
(5) Nothing in a
special prospecting authority authorises the holder to make a well.
(6) A special
prospecting authority comes into force on the day specified for the purpose in
the authority and, unless surrendered or cancelled, remains in force for such
period, not exceeding 6 months, as is so specified.
(6a) A special
prospecting authority is not capable of being transferred.
(6b) Where —
(a) a
person holds a petroleum special prospecting authority in respect of a block;
and
(b)
another petroleum special prospecting authority is granted to another person
in respect of the block,
the Minister shall, by
notice in writing served on each of those persons, inform each of them of
—
(c) the
petroleum exploration operations authorised by the special prospecting
authority granted to the other person; and
(d) the
conditions to which the special prospecting authority granted to the other
person is subject.
(6c) If —
(a) a
person holds a geothermal special prospecting authority in respect of a block;
and
(b)
another geothermal special prospecting authority is granted to another person
in respect of the block,
the Minister shall, by
notice in writing served on each of those persons, inform each of them of
—
(c) the
geothermal energy resources exploration operations authorised by the special
prospecting authority granted to the other person; and
(d) the
conditions to which the special prospecting authority granted to the other
person is subject.
(7) A special
prospecting authority —
(a) may
be surrendered by the holder at any time by instrument in writing served on
the Minister; and
(b) may,
if the holder has not complied with a condition to which the authority is
subject, be cancelled by the Minister by instrument in writing served on the
holder.
(8) Where a special
prospecting authority has been surrendered or cancelled, or has expired, the
Minister may, by instrument in writing served on the person who was the holder
of the special prospecting authority, direct that person to do any one or more
of the following things —
(a) to
remove or cause to be removed from the relinquished area all property brought
into that area by any person engaged or concerned in the operations authorised
by the special prospecting authority or to make arrangements that are
satisfactory to the Minister with respect to that property; and
(b)
subject to this Part and to the regulations, to make provision, to the
satisfaction of the Minister, for the conservation or protection of the
natural resources in that area; and
(c) to
make good, to the satisfaction of the Minister, any damage to the
Earth’s crust in that area caused by any person engaged or concerned in
those operations.
(9) A person to whom a
direction is given under subsection (8) shall comply with the direction.
Penalty: a fine of $10 000.
(10) Section 102
applies to and in relation to a special prospecting authority as if —
(a) a
reference in that section to a permit were a reference to a special
prospecting authority; and
(b) a
reference in that section to a direction or an arrangement under section 101
were a reference to a direction or an arrangement under subsection (8).
[Section 105 amended: No. 12 of 1990 s. 85; No. 28
of 1994 s. 45; No. 13 of 2005 s. 16(2); No. 35 of 2007 s. 66; No. 42 of 2010
s. 48 and 62(15).]