11Applications for feasibility licences that overlap—Minister may determine overlapping application groups

11 Applications for feasibility licences that overlap—Minister may determine overlapping application groups

(1) This section applies if: (a) the Minister has invited applications for feasibility licences under section 9; and (b) 2 or more such applications have been made in response to the invitation. (2) The Minister may determine that a group of 2 or more of the applications forms an overlapping application group if: (a) the Minister considers all of the applications in the group to be of equal merit; and (b) each application in the group overlaps at least one other application in the group; and (c) the licence areas proposed by all of the applications in the group (including parts of those areas that overlap, and parts that do not overlap) together form a continuous area; and (d) the Minister is satisfied that, if not for the overlap or overlaps, a feasibility licence could be offered in response to each of the applications in the group.

Note 1: For example, if applications A and B overlap each other, and applications B and C overlap each other, applications A, B and C may be in an overlapping application group even if applications A and C do not overlap.

Note 2: For when applications overlap, see section 4.

(3) In considering the merit of an application for the purposes of paragraph (2)(a): (a) the Minister must have regard to: (i) the technical and financial capability that the applicant is likely to have, or to be able to arrange to have, to carry out the proposed commercial offshore infrastructure project; and (ii) the likely viability of the proposed commercial offshore infrastructure project; and (iii) the suitability of the applicant to hold the licence; and (iv) the national interest; and (b) the Minister may have regard to any of the matters set out in section 26; and (c) the Minister may have regard to any other matters the Minister considers relevant. (4) To avoid doubt, the Minister may make more than one determination under subsection (2) in relation to a particular invitation for applications for feasibility licences.