PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 48CA

PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 48CA

48CA .         Application by licensee for lease

        (1)         If —

            (a)         a petroleum production licence is in force under section 63(1)(c) or (2) in respect of a block or blocks; and

            (b)         no operations for the recovery of petroleum are being carried on under the licence in respect of an area (the unused area ) —

                  (i)         that consists of, or consists of part of, the block or blocks; and

                  (ii)         in which petroleum has been found to exist,

                the licensee may, within the application period, apply to the Minister for the grant of a petroleum retention lease in respect of the unused area.

        (2)         If —

            (a)         a geothermal production licence is in force under section 63(1)(c) or (2) in respect of a block or blocks; and

            (b)         no operations for the recovery of geothermal energy are being carried on under the licence in respect of an area (the unused area ) —

                  (i)         that consists of, or consists of part of, the block or blocks; and

                  (ii)         in which geothermal energy resources have been found to exist,

                the licensee may, within the application period, apply to the Minister for the grant of a geothermal retention lease in respect of the unused area.

        (3)         An application under this section —

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

            (b)         is to be accompanied by particulars of the proposals of the applicant for work and expenditure in respect of the unused area; and

            (c)         may set out any other matters that the applicant wishes to be considered; and

            (d)         is to be accompanied by the prescribed fee.

        (4)         An application under subsection (1) is also to be accompanied by particulars of the commercial viability of the recovery of petroleum from the unused area at the time of the application, and particulars of the possible future commercial viability of the recovery of petroleum from that area.

        (5)         An application under subsection (2) is also to be accompanied by particulars of the commercial viability of the recovery of geothermal energy from the unused area at the time of the application, and particulars of the possible future commercial viability of the recovery of geothermal energy from that area.

        (6)         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 an application under this section.

        (7)         The application period in respect of an application under subsection (1) by a licensee is the period of 5 years that began on —

            (a)         the day on which the licence was granted; or

            (b)         if any operations for the recovery of petroleum have been carried on under the licence in respect of the unused area — the last day on which any such operations were carried on.

        (8)         The application period in respect of an application under subsection (2) by a licensee is the period of 5 years that began on —

            (a)         the day on which the licence was granted; or

            (b)         if any operations for the recovery of geothermal energy have been carried on under the licence in respect of the unused area — the last day on which any such operations were carried on.

        [Section 48CA inserted: No. 42 of 2010 s. 28.]