42Grant of a commercial licence

42 Grant of a commercial licence

(1) The Minister may, by written notice, grant a commercial licence in respect of an area to an eligible person if: (a) the eligible person holds a feasibility licence; and (b) the eligible person applies for the commercial licence under the licensing scheme; and (c) the area is a declared area, or a part of a declared area, under a declaration at the time the licence is granted; and (d) the Minister is satisfied that granting the licence would be consistent with any conditions that apply to the declaration; and (e) the area meets the requirements in subsection (4); and (f) the Regulator has, under the licensing scheme, approved a management plan for the commercial licence; and (g) the Minister is satisfied that granting the licence would be consistent with any conditions of the feasibility licence that relate to the granting of a commercial licence in relation to the feasibility licence; and (h) the Minister is satisfied that either: (i) the offshore infrastructure project to be carried out under the licence is substantially similar to the proposed commercial offshore infrastructure project described, under subsection 32(2), in the application for the feasibility licence; or (ii) if subparagraph (i) does not apply—the offshore infrastructure project to be carried out under the licence is appropriate, having regard to the matters in subsection (5); and (i) the Minister is satisfied that the licence meets the merit criteria; and (j) any other requirements prescribed by the licensing scheme are met.

Note: For review of decisions, see section 297.

(2) The licence area of a commercial licence is the area in respect of which the licence is granted (other than any part of that area that becomes a vacated area).

Note: See the definition of vacated area in section 8.

(3) The notice of grant of a commercial licence must: (a) specify the licence area; and (b) state the day on which the licence comes into force; and (c) state the end day of the licence; and (d) specify the conditions that are to apply to the licence; and (e) include any other matters prescribed by the licensing scheme; and (f) be given in accordance with the licensing scheme. (4) The licence area: (a) must be continuous; and (b) must not include any part of the licence area of any other commercial licence or feasibility licence; and (c) must not exceed the maximum area prescribed by the licensing scheme; and (d) must be entirely within the Commonwealth offshore area at the time the licence is granted; and (e) must consist of, or be entirely within, the licence area of the feasibility licence referred to in paragraph (1)(a). (5) For the purposes of subparagraph (1)(h)(ii), the Minister must have regard to the following: (a) the nature and scale of the offshore infrastructure project to be carried out under the licence; (b) any other activities that could be carried out in the licence area if the licence was not granted; (c) any matters prescribed by the licensing scheme; (d) any other matters the Minister considers relevant.