Subdiv 12Alteration of licence area

Subdivision 12—Alteration of licence area 49—Alteration of size of licence area (1) Subject to subsection (2), the Minister may— (a) on application by a licensee; or (b) at any time with the consent of the licensee, approve an increase or decrease in the size of a licence area. (2) The Minister must not approve— (a) an increase in the size of the licence area of a renewable energy feasibility licence; or (b) an increase in the size of the licence area of a renewable energy infrastructure licence comprising designated land. (3) The Minister must, before approving an increase of the size of a licence area under this section, be satisfied— (a) if the proposed licence area consists of land other than designated land—that the relevant licensee has, or will acquire, a right or interest in respect of land comprising the proposed licence area; and (b) if— (i) the licence confers a right to enter and use designated land within the licence area for the purposes of authorised operations; and (ii) to the extent that the proposed licence area comprises native title land the subject of a native title declaration or that is within the area of a claim that is registered in a native title register, that a native title agreement is in place that authorises the approval of the application; and (c) of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.