Div 12AExtension of term or reinstatement of licence

Division 12A—Extension of term or reinstatement of licence 91B—Extension of term of licence (1) This section applies in relation to— (c) a production licence; or (d) a pipeline licence; or (e) an associated activities licence; or (f) a special facilities licence. (2) Without limiting any other provision of this Act, the Minister may at any time extend the term of a licence to which this section applies if the Minister considers— (a) that the holder of a licence to which this section applies has contravened a provision of this Act; and (b) that the term of the licence should be extended in order to support the requirement that the licensee take action— (i) to rehabilitate land in accordance with the requirements of a statement of environmental outcomes; or (ii) to rehabilitate land to a standard required to secure compliance with a condition of the relevant licence; or (iii) to prevent or address undue damage to the environment, (including to the land or environment outside the area of the licence). (3) If the Minister extends the term of a licence to which this section applies under subsection (2), the licensee must only undertake activities during the extended term that give effect to the requirements referred to in subsection (2)(b). (4) The Minister must take reasonable steps to consult with the relevant licence holder before acting under subsection (2). (5) The Minister may, in acting under this section— (a) reduce the area of the licence to an area that is smaller than the area of the original licence at the time of its expiry; and (b) confer rights of access to, and use of, land to which the licence relates on terms and conditions specified in the licence. (6) The Minister must ensure that a notice of the extension of the term of a licence under this section is given to the licence holder and the owner of the land. 91C—Reinstatement of licence (1) This section applies in relation to— (c) a production licence; or (d) a pipeline licence; or (e) an associated activities licence; or (f) a special facilities licence, (being a licence that has expired). (2) This section sets out a scheme that will allow the Minister to reinstate a licence to which this section applies that has expired. (3) The Minister may act under this section if the Minister considers— (a) that the holder of a licence to which this section applies has contravened a provision of this Act; and (b) that the licence should be reinstated in order to support the requirement that the licensee take action— (i) to rehabilitate land in accordance with the requirements of a statement of environmental objectives; or (ii) to rehabilitate land to a standard required to secure compliance with a condition of the licence; or (iii) to prevent or address undue damage to the environment, (including to the land or environment outside the area of the licence). (4) In connection with subsection (3), the only activities that the licensee may undertake during the period of the reinstatement are activities to give effect to the requirement referred to in subsection (3)(b). (5) The Minister may act under this section despite the cessation of regulated activities under a licence on or before the expiration of the relevant licence. (6) If the Minister decides to act under this section— (a) the licence will be taken to have been reinstated from the date on which the licence expired or from a later date determined by the Minister; but (b) any section of this Act prescribed by the regulations will not apply in relation to the licence. (7) The Minister may, in acting under this section— (a) reinstate a licence in relation to an area that is smaller than the area of the original licence at the time of its expiry; and (b) confer rights of access to and use of land to which the licence relates on terms and conditions specified in the licence. (8) The term of the licence, as reinstated under this section, will be— (a) a term determined by the Minister; or (b) a term that expires at some later time on a date to be determined by the Minister. (9) The Minister reinstates a licence under this section by notice in the Gazette. (10) The Minister must ensure that a notice of the reinstatement of a licence under this section is given to the licensee and the owner of the land.