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PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 97

PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 97

97 .         Variation and suspension of, and exemption from compliance with, conditions

        (1)         Where —

            (a)         a permit, drilling reservation, lease or licence is, under this Part, to be deemed to continue in force until the Minister grants, or refuses to grant, the renewal of the permit, drilling reservation, lease or licence; or

            (b)         a licence is varied under section 55; or

            (c)         a licensee enters into an agreement under section 69, or a direction is given to a licensee under that section; or

            (d)         a permit, drilling reservation, lease or licence is partly cancelled, partly determined or surrendered as to one or more but not all of the blocks in respect of which it is in force; or

            (e)         a permittee, holder of a drilling reservation, lessee or licensee consents to the making of a determination under section 135; or

            (f)         an access authority is granted in respect of a block the subject of a permit, drilling reservation, lease or licence, or an access authority as in force in respect of such a block is varied; or

            (g)         a permittee, holder of a drilling reservation, lessee, licensee or the holder of a special prospecting authority or access authority applies, by instrument in writing served on the Minister —

                  (i)         for a variation or suspension of; or

                  (ii)         for exemption from compliance with,

                any of the conditions to which the permit, drilling reservation, lease, licence, special prospecting authority or access authority is subject; or

            (h)         the Minister under this Part or the regulations gives a direction or consent to a permittee, holder of a drilling reservation, lessee, licensee or the holder of a special prospecting authority or access authority,

                the Minister may, at any time, by instrument in writing served on the permittee, holder of the drilling reservation, lessee, licensee or the holder of the special prospecting authority or access authority —

                  (i)         vary or suspend; or

            (j)         exempt the permittee, holder of the drilling reservation, lessee, licensee or the holder of the special prospecting authority or access authority from compliance with,

                any of the conditions to which the permit, drilling reservation, lease, licence, special prospecting authority or access authority is subject, upon such conditions, if any, as the Minister determines and specifies in the instrument.

        (2)         Subsection (1) does not authorise the making of an instrument to the extent that it would affect —

            (a)         a condition of a permit, drilling reservation, lease or licence included in the permit, drilling reservation, lease or licence in compliance with Division 7; or

            (b)         the term of a permit, drilling reservation, lease or licence.

        (3)         Where, in pursuance of subsection (1), the Minister suspends, or exempts the permittee, the holder of a drilling reservation or a lessee from compliance with, any of the conditions to which a permit, drilling reservation or lease is subject, the Minister may, if he considers the circumstances make it reasonable to do so, in the instrument of suspension or exemption or by a later instrument in writing served on the permittee, the holder of a drilling reservation or lessee, extend the term of the permit, drilling reservation or lease by a period not exceeding the period of the suspension or exemption.

        [Section 97 amended: No. 12 of 1990 s. 78; No. 78 of 1990 s. 7; No. 28 of 1994 s. 44.]