PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 47

PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 47

47 .         Declaration of location

        (1A)         In this section —

        section 27 block means —

            (a)         a block constituted as provided by section 27; or

            (b)         if a graticular section is wholly within the area that was covered by the Commonwealth permit concerned — the graticular section; or

            (c)         if a part only of a graticular section is within the area that was covered by the Commonwealth permit concerned — that part of the graticular section.

        (1)         Where —

            (a)         a permittee or holder of a drilling reservation has made a nomination under section 46; and

            (b)         the Minister is of the opinion that the permittee or the holder of the drilling reservation, as the case requires, is entitled under that section to nominate the block or blocks specified in the nomination,

                the Minister shall, by notice published in the Gazette , declare the block or blocks to which the nomination relates to be a location.

        (2)         Where the Minister has made a nomination under section 46(9), the Minister shall, by notice published in the Gazette , declare the block or blocks to which the nomination relates to be a location.

        (2A)         Subsection (2B) applies if —

            (a)         a boundary-change permit is granted over one or more section 27 blocks; and

            (b)         immediately before the grant, those section 27 blocks were, or were part of, a location as defined in the Commonwealth Act section 7; and

            (c)         apart from this subsection, those section 27 blocks are not, and are not part of, a location as defined in section 5 of this Act.

        (2B)         The Minister is taken —

            (a)         to have declared those section 27 blocks to be a location; and

            (b)         to have done so immediately after the grant.

        (2C)         Subsection (2D) applies if —

            (a)         a permit is varied under section 97A so as to include in the permit area one or more section 27 blocks; and

            (b)         immediately before the variation, those section 27 blocks were, or were part of, a location as defined in the Commonwealth Act section 7; and

            (c)         apart from this subsection, those section 27 blocks are not, and are not part of, a location as defined in section 5 of this Act.

        (2D)         The Minister is taken —

            (a)         to have declared those section 27 blocks to be a location; and

            (b)         to have done so immediately after the variation.

        (3)         The Minister may, at the request of the permittee or the holder of the drilling reservation, as the case requires, revoke a declaration.

        (4)         The Minister may vary a declaration that relates to petroleum by —

            (a)         adding to the location a block in the permit area or drilling reservation, as the case requires, to which, in the opinion of the Minister, a petroleum pool within the location extends; or

            (b)         deleting from the location a block to which, in the opinion of the Minister, no petroleum pool within the location extends.

        (4a)         The Minister may vary a declaration that relates to geothermal energy resources by —

            (a)         adding to the location a block in the permit area or drilling reservation, as the case requires, to which, in the opinion of the Minister, a geothermal resources area within the location extends; or

            (b)         deleting from the location a block to which, in the opinion of the Minister, no geothermal resources area within the location extends.

        (5)         The Minister may not vary a declaration unless —

            (a)         the Minister has caused to be served on the permittee or the holder of the drilling reservation, as the case requires, notice in writing of the proposed variation, identifying the block to be added to, or deleted from, the location; and

            (b)         the period of 30 days after the date of service of the notice has expired; and

            (c)         the Minister has considered any matters submitted to him by the permittee or the holder of the drilling reservation, as the case requires, in relation to the proposed variation.

        (6)         Subsection (5) does not apply where a variation is made at the request of the permittee or the holder of the drilling reservation, as the case requires.

        (7)         The Minister may form an opinion for the purposes of this section if the Minister considers that there are reasonable grounds for forming the opinion having regard to any information in the Minister’s possession, whether provided by the permittee or otherwise.

        [Section 47 inserted: No. 12 of 1990 s. 32; amended: No. 78 of 1990 s. 7; No. 35 of 2007 s. 33; No. 42 of 2010 s. 24; No. 7 of 2017 s. 14.]