38Varying a feasibility licence

38 Varying a feasibility licence

(1) The Minister may, by written notice to the holder of a feasibility licence, vary the licence to: (a) impose a condition on the licence; or (b) vary or revoke a condition imposed on the licence under paragraph (a) or subsection 35(2); or (c) remove one or more areas from the licence area. (2) A variation under subsection (1) may be made on the application of the licence holder, which must be made in accordance with the licensing scheme. (3) A variation under subsection (1) may also be made on the Minister’s own initiative, but only if: (a) the variation is made at the same time as: (i) the Minister extends the end day of the licence under a provision of the licensing scheme made for the purposes of section 37, if the extension is made as a result of an application by the licence holder; or (ii) the Minister makes a decision to transfer the licence under subsection 70(1); or (iii) the Minister makes another variation under this section as a result of an application by the licence holder; or (b) the Minister becomes aware that there has been a change in control of the licence holder, and the variation is made in connection with that change in control. (4) An area may be removed under paragraph (1)(c) only if: (a) the licence holder has not carried out any offshore infrastructure activities in the area; and (b) the Minister is satisfied that the licence holder does not intend to carry out any offshore infrastructure activities in the area under the licence or under a commercial licence; and (c) the removal does not result in the remaining licence area being non‑continuous.