PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 57

PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 57

57 .         Application for licence in respect of surrendered etc. blocks

        (1)         Where —

            (a)         a petroleum production licence is surrendered or cancelled as to a block; or

            (b)         a petroleum exploration permit, petroleum drilling reservation or petroleum retention lease is surrendered, cancelled or determined as to a block —

                  (i)         that, at the time of the surrender, cancellation or determination, was, or was included in, a location; and

                  (ii)         in which, in the opinion of the Minister, there is petroleum;

                or

            (ba)         a petroleum pool from which petrol has been recovered is within or extends to a block which is not the subject of a petroleum exploration permit, petroleum drilling reservation, petroleum retention lease or petroleum production licence,

                the Minister may by instrument published in the Gazette —

            (c)         invite applications for the grant of a petroleum production licence in respect of that block; and

            (d)         specify a period within which applications may be made.

        (1a)         If —

            (a)         a geothermal production licence is surrendered or cancelled as to a block; or

            (b)         a geothermal exploration permit, geothermal drilling reservation or geothermal retention lease is surrendered, cancelled or determined as to a block —

                  (i)         that, at the time of the surrender, cancellation or determination, was, or was included in, a location; and

                  (ii)         in which, in the opinion of the Minister, there are geothermal energy resources;

                or

            (c)         a geothermal resources area from which geothermal energy has been recovered is within or extends to a block which is not the subject of a geothermal exploration permit, geothermal drilling reservation, geothermal retention lease or geothermal production licence,

                the Minister may by instrument published in the Gazette —

            (d)         invite applications for the grant of a geothermal production licence in respect of that block; and

            (e)         specify a period within which applications may be made.

        (2)         The Minister shall, in an instrument under subsection (1), state —

            (a)         that an applicant is required to specify an amount that he would be prepared to pay in respect of the grant of a petroleum production licence to him on his application; or

            (b)         that an applicant is required to specify a rate of royalty that he would be prepared to pay, if a petroleum production licence were granted to him on his application, in respect of petroleum recovered under the licence, being a rate that exceeds 10% of the royalty value of that petroleum.

        (3)         Where the Minister, in an instrument under subsection (1), states that an applicant is required to specify a rate of royalty as mentioned in subsection (2)(b), the Minister may, in that instrument, state that an applicant on whose application he is prepared to grant a petroleum production licence will also be required to pay to him, in respect of the grant of the licence to the applicant, the amount specified in that behalf in that instrument.

        (4)         The Minister shall, in an instrument under subsection (1a), state that an applicant is required to specify an amount that the applicant would be prepared to pay in respect of the grant of a geothermal production licence to the applicant on the application.

        [(5)         deleted]

        (6)         An application under this section —

        [(a)         deleted]

            (b)         shall be made in an approved manner; and

            (c)         shall be accompanied by the particulars referred to in section 51(1)(c); and

            (d)         in the case of an application under subsection (1), shall specify, in accordance with the requirement in the instrument by which applications were invited, the amount, or the rate of royalty, that the applicant would be prepared to pay; and

            (e)         in the case of an application under subsection (1a), shall specify, in accordance with the requirement in the instrument by which applications were invited, the amount that the applicant would be prepared to pay; and

            (f)         may set out any other matters that the applicant wishes the Minister to consider.

        (7)         The Minister may, at any time, by instrument in writing served on the applicant, require him to furnish, within the period specified in the instrument, further information in connection with his application.

        [Section 57 amended: No. 12 of 1990 s. 43; No. 78 of 1990 s. 7; No. 11 of 1994 s. 5; No. 28 of 1994 s. 29; No. 35 of 2007 s. 50; No. 42 of 2010 s. 36.]