PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 15A

PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 15A

15A .         Consent of Minister required for entry on reserves for purposes of exploration etc.

        (1)         A permittee, holder of a drilling reservation, access authority or special prospecting authority, lessee or licensee shall not enter upon any land that is —

            (a)         comprised in the permit, drilling reservation, access authority, special prospecting authority, lease or licence of which he is the holder; and

            (b)         reserved, declared or otherwise dedicated under the Land Administration Act 1997 or any other written law,

                for the purpose of —

            (c)         exploring for petroleum or geothermal energy resources; or

            (d)         carrying out operations for the recovery of petroleum or geothermal energy,

                unless the consent in writing of the Minister has been first obtained.

        (2)         Consent may be given for the purposes of subsection (1) subject to the inclusion in the permit, drilling reservation, access authority, special prospecting authority, lease or licence of such conditions as the Minister thinks fit and specifies in the consent.

        (3)         Before giving consent for the purposes of subsection (1), the Minister shall consult with the responsible Minister and obtain that Minister’s recommendations on the conditions, if any, which should be included in the permit, drilling reservation, access authority, special prospecting authority, lease or licence.

        (4)         Without limiting subsection (2), the Minister may specify in the consent conditions for the purpose of ensuring, so far as is practicable, that any operations carried out on the land under the authority of the permit, drilling reservation, access authority, special prospecting authority, lease or licence are carried out in such a manner as to minimise the risk of damage to any native fauna or flora on the land.

        (5)         The responsible Minister for the purposes of subsection (3) is the Minister responsible for the administration of the land or the written law under which the land is reserved, declared or dedicated, and if any question arises as to who is the responsible Minister under subsection (3), the question is to be determined by the Governor whose decision is final.

        (6)         Nothing in this section limits or otherwise affects the operation of sections 13A(3) and 13B(9) of the Conservation and Land Management Act 1984 .

        [Section 15A inserted: No. 17 of 1999 s. 23(1); amended: No. 35 of 2007 s. 13.]