PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 50

PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 50

50 .         Application by permittee for licence

        (1)         A permittee whose petroleum exploration permit is in force, or, the holder of a drilling reservation whose petroleum drilling reservation is in force, in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Minister for the grant of a petroleum production licence —

            (a)         where 9 or more blocks constitute the location concerned — in respect of 5 of those blocks; or

            (b)         where 8 or 7 blocks constitute the location concerned —in respect of 4 of those blocks; or

            (c)         where 6 or 5 blocks constitute the location concerned —in respect of 3 of those blocks; or

            (d)         where 4 or 3 blocks constitute the location concerned —in respect of 2 of those blocks; or

            (e)         where 2 blocks constitute the location concerned — in respect of one of those blocks; or

            (f)         where one block constitutes the location concerned — in respect of that block.

        (1a)         A permittee whose geothermal exploration permit is in force, or the holder of a drilling reservation whose geothermal drilling reservation is in force, in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Minister for the grant of a geothermal production licence in respect of the block that constitutes, or the blocks that constitute, the location.

        (2)         A permittee whose permit is in force, or, the holder of a drilling reservation whose drilling reservation is in force, in respect of blocks that constitute a location —

            (a)         instead of making an application under subsection (1) or (1a) in respect of his primary entitlement, may, within the application period, make an application to the Minister for the grant of a licence in respect of a number of those blocks that is less than his primary entitlement; and

            (b)         being the holder of a licence referred to in paragraph (a), may, from time to time within that period, make an application to the Minister for the variation of that licence to include in the licence area a number of those blocks that does not exceed the number, if any, by which his primary entitlement exceeds the number of blocks in respect of which that licence was granted and the number of blocks, if any, included in that licence by reason of any previous variations of that licence.

        (3)         Where —

            (a)         a petroleum permittee or the holder of a petroleum drilling reservation makes an application under subsection (1) in respect of his primary entitlement; or

            (b)         a petroleum permittee or the holder of a petroleum drilling reservation who is the holder of a petroleum licence in respect of a number of blocks that is less than his primary entitlement makes an application under subsection (2) for a variation of that licence, and the number of blocks in respect of which that licence was granted, together with the number of blocks included, and sought to be included, in the licence area by reason of applications under that subsection, is his primary entitlement,

                the permittee or the holder of the drilling reservation, as the case requires, may, within the application period, make an application to the Minister for the grant of a licence in respect of any of the other blocks forming part of the location concerned.

        (4)         Subject to subsection (5), the application period in respect of an application under this section by a permittee or the holder of a drilling reservation is —

            (a)         the period of 2 years after the date on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or

            (b)         such other period, not less than 2 years or more than 4 years after that date, as the Minister, on application by the permittee or the holder of the drilling reservation, as the case requires, in writing, served on the Minister before the expiration of the first-mentioned period of 2 years, allows.

        (5)         Where —

            (a)         a permittee or the holder of a drilling reservation applies for the grant by the Minister of a licence in respect of a block or blocks in respect of which the permittee or the holder of the drilling reservation, as the case requires, has applied for a lease under section 48A; and

            (b)         an instrument refusing to grant the lease is served on the permittee or the holder of the drilling reservation, as the case requires, under section 48B(2),

                the application period is whichever of the following periods last expires —

            (c)         the period that is applicable under subsection (4);

            (d)         the period of 12 months after the day of service of the instrument.

        [Section 50 amended: No. 12 of 1990 s. 36; No. 78 of 1990 s. 7; No. 28 of 1994 s. 25; No. 35 of 2007 s. 46.]