Offshore Minerals Act 2000
Div 3Application for and grant of exploration licence over tender block
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Division 3—Application for and grant of exploration licence over tender block 73—Matters to be determined before applications for exploration licence over tender blocks invited If the Minister proposes to invite applications for the grant of an exploration licence over reserved blocks, the Minister must, before inviting the applications, determine— (a) the procedure and criteria that the Minister will adopt to allocate the licence; and (b) the amount of security that will be required for the licence under section 399; and 74—Minister may invite applications for exploration licence over tender blocks (1) Subject to subsection (2), the Minister may invite applications for the grant of an exploration licence over reserved blocks. (2) Applications may be invited for a licence covering a group of reserved blocks only if the group forms a discrete area. (3) The Minister is to invite applications by publishing a tender block licence notice for the licence in the Gazette. 75—Tender block licence notice—exploration licence (1) A tender block licence notice for an exploration licence must— (a) specify the blocks to be covered by the licence; and (b) specify the period within which applications may be made; and (c) specify the procedure and criteria that the Minister will adopt to allocate the licence; and (d) specify the amount of security that the successful applicant will be required to lodge; and (e) include a statement to the effect that information about— (i) the security that the successful applicant will be required to lodge; and (ii) the licence conditions, may be obtained from the Minister. (2) Without limiting subsection (1)(c), the Minister may for the purposes of that paragraph specify that the tender will be determined on the basis of either or both of the following— (a) the nature and extent of the exploration activity proposed to be carried out; (b) the amount of money offered for the licence. (3) The tender block licence notice may specify not more than 500 blocks for the exploration licence. 76—Application for exploration licence over tender blocks If a tender block licence notice has been published inviting applications for an exploration licence, a person may apply to the Minister for the licence. 77—How to apply (c) be made before the end of the period specified in the tender block licence notice; and (d) address the criteria specified under section 75(1)(c); (e) include details of— (i) the technical qualifications of the applicant and of the applicant's employees who are likely to be involved in activities authorised by the licence; and (ii) the technical advice available to the applicant; and (iii) the financial resources available to the applicant; and (iv) if the licence is to be held by more than one person, the share in the licence that each prospective holder will hold; and 78—Payment of fee (3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee. 79—Request for further information 80—Section number not used 81—Minister may provisionally grant licence (1) The Minister may provisionally grant an exploration licence to an applicant who has done what is required by sections 77 to 79. (2) When provisionally granting a licence under subsection (1), the Minister must follow the procedure and apply the criteria specified in the tender block licence notice published for the licence under section 74. (3) If the Minister refuses to grant a licence under subsection (1), the Minister must give the applicant written notice of the refusal. 82—Section number not used 83—Successful applicant must be notified (1) If the Minister provisionally grants an exploration licence under section 81 or 87, the Minister must give the provisional holder— (a) the licence; and (b) written notice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given— (i) gives the Minister a written acceptance of the grant; and (iii) pays the fee that must be paid for the licence under section 425; and (iv) if the tender is determined on the basis of the amounts of money offered for the licence, pays to the Minister the amount that the provisional holder offered for the licence under section 77(1)(d). (2) The licence must specify— For the term of a licence see section 88. 84—Acceptance of grant of exploration licence over tender blocks The provisional grant of an exploration licence is properly accepted by the provisional holder if, within 30 days after the day on which the provisional holder is given notice under section 83, the provisional holder— (c) pays the fee that must be paid for the licence under section 425; and (d) if the tender is determined on the basis of the amount of money offered for the licence, pays to the Minister the amount that the provisional holder offered for the licence under section 77(1)(d). Under section 88, the grant of the licence cannot be effective before it is registered (see section 333 for registration). 85—Conditions applicable to licence on grant If the provisional grant of the licence is properly accepted, the licence is subject to the conditions determined under section 73. 86—Lapse of provisional grant of exploration licence If the provisional grant of the licence is not properly accepted under section 84, the provisional grant lapses. 87—Provisional grant to next applicant if grant lapses (1) If the provisional grant of the licence lapses under section 86, the Minister may provisionally grant the licence to another of the applicants for the licence. (2) When provisionally granting a licence under subsection (1), the Minister must follow the procedure and apply the criteria specified in the tender block licence notice published for the licence under section 74.