PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 65
PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 65
65 . Grant or refusal of renewal of licence
(1) Where —
(a) an
application for the renewal of a licence has been made under section 64; and
(b) the
conditions to which the licence is, or has from time to time been, subject and
the provisions of this Part and of the regulations have been complied with,
the Minister —
(c)
shall if —
(i)
the application is in respect of the first renewal of the
licence; or
(ii)
the application is in respect of a renewal of the licence
other than the first renewal and operations for the recovery of petroleum have
been carried on in the licence area within the period of 5 years before the
application for the renewal was made;
or
(d) may
in any other case,
by instrument in
writing served on the person who is then the licensee inform the person that
the Minister is prepared to grant to the person the renewal of the licence.
(2) Where —
(a) an
application for the renewal of a licence has been made under section 64; and
(b) any
of the conditions to which the licence is, or has from time to time been,
subject or any of the provisions of this Part and of the regulations has not
been complied with, but the Minister is, nevertheless, satisfied that special
circumstances exist that justify the granting of the renewal of the licence,
the Minister may, by
instrument in writing served on the person who is then the licensee, inform
the person that the Minister is prepared to grant to the person the renewal of
the licence.
(3) If any of the
conditions to which the licence is, or has from time to time been, subject or
any of the provisions of this Part and of the regulations has not been
complied with, and if the Minister is not satisfied that special circumstances
exist that justify the granting of the renewal of the licence, the Minister
shall, subject to subsection (4), by instrument in writing served on the
person who is then the licensee, refuse to grant the renewal of the licence.
(4) The Minister shall
not under subsection (3) refuse to grant the renewal of a licence unless
—
(a) he
has, by instrument in writing served on the licensee, given not less than one
month’s notice of his intention to refuse to grant the renewal of the
licence; and
(b) he
has served a copy of the instrument on such other persons, if any, as he
thinks fit; and
(c) he
has, in the instrument —
(i)
given particulars of the reasons for the intention; and
(ii)
specified a date on or before which the licensee or a
person on whom a copy of the instrument is served may, by instrument in
writing served on the Minister, submit any matters that he wishes the Minister
to consider;
and
(d) he
has taken into account any matters so submitted to him on or before the
specified date by the licensee or by a person on whom a copy of the
first-mentioned instrument has been served.
(5) Where an
application has been made under section 64 in respect of a renewal other than
the first renewal of the licence, the Minister may, by instrument in writing
served on the person who is then the licensee, refuse to grant the renewal of
the licence.
[(6) deleted]
(7) An instrument
under subsection (1) or (2) shall contain —
(a) a
summary of the conditions to which the licence, on the grant of the renewal,
is to be subject; and
(b) a
statement to the effect that the application will lapse if the licensee does
not make a request under subsection (8).
(8) A licensee on whom
there has been served an instrument under subsection (1) or (2) may, within a
period of one month after the date of service of the instrument on him, by
instrument in writing served on the Minister, request the Minister to grant to
him the renewal of the licence.
(9) Where a licensee
on whom there has been served an instrument under subsection (1) or (2) has
made a request under subsection (8) within the period referred to in
subsection (8), the Minister shall grant to him the renewal of the licence.
(10) Where a licensee
on whom there has been served an instrument under subsection (1) or (2) has
not made a request under subsection (8) within the period referred to in
subsection (8), the application lapses upon the expiration of that period.
(11) Where —
(a) an
application for the renewal of a licence is made under section 64; and
(b) the
licence expires —
(i)
before the Minister grants, or refuses to grant, the
renewal of the licence; or
(ii)
before the application lapses as provided by subsection
(10),
the licence shall be
deemed to continue in force in all respects —
(c)
until the Minister grants, or refuses to grant, the renewal of the licence; or
(d)
until the application so lapses,
whichever first
happens.
[Section 65 amended: No. 28 of 1994 s. 33; No. 42
of 2010 s. 44.]