PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 98
PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 98
98 . Surrender of permits etc.
(1) The registered
holder of an instrument, being a permit, drilling reservation, lease or
licence, may, at any time, by application in writing served on the Minister,
apply for consent to surrender the instrument as to all or some of the blocks
in respect of which it is in force.
(2) Subject to
subsection (3), the Minister shall not give his consent to a surrender of an
instrument under subsection (1), unless the registered holder —
(a) has
paid all fees and amounts payable by him under this Act, or has made
arrangements that are satisfactory to the Minister for the payment of those
fees and amounts; and
(b) has
complied with the conditions to which the instrument is subject and with the
provisions of this Part and of the regulations; and
(c) has,
to the satisfaction of the Minister, removed or caused to be removed from the
area to which the surrender relates all property brought into that area by any
person engaged or concerned in the operations authorised by the instrument, or
has made arrangements that are satisfactory to the Minister with respect to
that property; and
(d) has,
to the satisfaction of the Minister, plugged or closed off all wells made in
that area by any person engaged or concerned in the operations authorised by
the instrument; and
(e)
subject to this Part and to the regulations, has made provision, to the
satisfaction of the Minister, for the conservation and protection of the
natural resources in that area; and
(f) has,
to the satisfaction of the Minister, made good any damage to the Earth’s
crust in that area caused by any person engaged or concerned in the operations
authorised by the instrument,
but, if the registered
holder has complied with those requirements, the Minister shall not
unreasonably refuse consent to the surrender.
(3) Where the
registered holder of an instrument, being a permit, drilling reservation,
lease or licence, has not complied with the conditions to which the instrument
is subject and with the provisions of this Part and of the regulations, the
Minister may give his consent to a surrender of the instrument under
subsection (1) if he is satisfied that, although the registered holder has not
so complied, special circumstances exist that justify the giving of consent to
the surrender.
(4) Where the Minister
consents to an application under subsection (1), the applicant may, by
instrument in writing served on the Minister, surrender the instrument
accordingly.
(5) In this section,
the area to which the surrender relates means, in relation to a surrender of
a permit, drilling reservation, lease or licence, the area constituted by the
blocks as to which the permit, drilling reservation, lease or licence is
proposed to be surrendered.
[Section 98 amended: No. 12 of 1990 s. 79; No. 78
of 1990 s. 7.]