Offshore Minerals Act 1999
95Grant of licence extension—activities disrupted
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95 Grant of licence extension—activities disrupted
95 Grant of licence extension—activities disrupted
(1) Subject to subsection (2), if an exploration licence holder applies for an extension under section 94, the Minister:
(a) must grant an extension of the term of the licence if the Minister is satisfied that:
(i) the holder is or has been unable to carry out the activities authorised by the licence, and
(ii) the holder is or has been unable to do so because of circumstances beyond the holder’s control, and
(iii) no excluded time is included in the period of inability for which an extension is sought, and
(b) must refuse the application for extension if the Minister is not satisfied of the matters referred to in paragraph (a).
(2) The period for which the extension is granted must not be longer than the disruption period for the licence less any excluded time for the licence.
(3) The extension may be granted subject to whatever conditions the Minister thinks appropriate.
(4) In this section:
disruption period for a licence means the period during which the licence holder is unable to carry out activities authorised by the licence because of circumstances beyond the holder’s control.
excluded time for a licence means any period during which the licence was in force because of section 90, 91, 92 or 93.
Note—
Under section 90, if the Minister has under section 48 suspended rights under a licence for a period, the Minister may extend the term of the licence for an equivalent period. Under section 91, the term of a licence is automatically extended if there is an application for the renewal of a licence undecided when the licence is due to expire. Under section 92, the term of a licence is automatically extended if the holder applies for a retention or mining licence over the licence area. Under section 93, the term of a licence is automatically extended if there is an application for an extension of the licence undecided when the licence is due to expire.